Division 10-40.60:
Specific to Uses

Sections:

10-40.60.010    Purpose and Applicability

10-40.60.020    Accessory Structures

10-40.60.025    Accessory Uses

10-40.60.030    Accessory Dwelling Units (ADUs)

10-40.60.040    Accessory Wind Energy Systems

10-40.60.050    Adult Entertainment

10-40.60.060    Airport/Landing Strips, Heliport, or Helistops

10-40.60.070    Animal Keeping

10-40.60.080    Automobile, Go-Kart, and Miniature Automobile Racing

10-40.60.090    Automobile Service Station and Convenience Store

10-40.60.100    Automobile/Vehicle Repair Garage – Major/Minor

10-40.60.110    Bed and Breakfasts

10-40.60.120    Co-housing

10-40.60.130    Commercial Campground

10-40.60.140    Community Garden

10-40.60.150    Day Care Home and Center

10-40.60.160    Drive-through Retail or Service Facility

10-40.60.170    Dwelling, Cluster

10-40.60.175    High Occupancy Housing Developments and Mixed-Use High Occupancy Housing Developments

10-40.60.180    Home Occupations

10-40.60.190    Homeless Shelter

10-40.60.195    Kennel, Animal Boarding

10-40.60.200    Live/Work

10-40.60.210    Manufactured Homes

10-40.60.220    Marijuana Establishments

10-40.60.230    Meeting Facilities, Public and Private

10-40.60.240    Micro-Brewery or Micro-Distillery

10-40.60.250    Mini–Storage Warehousing

10-40.60.260    Mixed Use

10-40.60.270    Outdoor Commercial Recreation Structures

10-40.60.275    Outdoor Storage

10-40.60.280    Planned Residential Development

10-40.60.290    Quarrying Operations

10-40.60.300    Research and Development Uses

10-40.60.305    Seasonal Amusement, Entertainment and Sales, Indoor

10-40.60.310    Telecommunication Facilities

10-40.60.010 Purpose and Applicability

A.    This division provides site planning, development, and operating standards for certain land uses where allowed in compliance with Division 10-40.30, Non-Transect Zones, and Division 10-40.40, Transect Zones, and for activities that require special standards to ensure their compatibility with site features and existing uses. For land uses that are not discussed in the following sections, refer to Chapter 10-80, Definitions.

B.    Parking for all of the land uses shall be provided in compliance with Division 10-50.80, Parking Standards.

C.    Signage for all of the land uses shall be provided in compliance with Division 10-50.100, Sign Standards.

D.    The standards in this division are separated in Table 10-40.60.010.A., Zone Applicability, as those applicable to all zones and those applicable to non-transect zones.

Table 10-40.60.010.A.: Zone Applicability 

Applicable to All Zones (Non‑transect and Transect)

Applicable to Non-Transect Zones

Accessory Building and Structures

Airport/Landing Strips, Heliport, or Helistops

Accessory Dwelling Units

Automobile, Go-Kart, Miniature Automobile Racing

Accessory Wind Energy Systems

Drive-through Retail

Adult Entertainment

Dwelling, Cluster

Animal Keeping

Manufactured Home

Automobile Service Station and Convenience Store

Medical Marijuana Uses

Automobile/Vehicle Repair Garage – Major/Minor

Mini-storage Warehousing

Bed and Breakfasts

Outdoor Commercial Recreation Structures

Co-housing

Planned Residential Development

Commercial Campground and Recreational Vehicle Park

Quarry Operations

Community Garden

Research and Development Uses

Day Care Home and Center

Secondary Single-Family Dwellings

Home Occupation

Warehousing

Homeless Shelter

 

Live/Work

 

Meeting Facilities, Public and Private

 

Micro-Brewery or Micro-Distillery

 

Mixed Use

 

Telecommunication Facilities

 

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.020 Accessory Structures

A.    Allowance.

1.    An Accessory Dwelling Unit (ADU) structure is allowed in accordance with Sections 10-40.30.030.D. and 10-40.30.040.D.

2.    All other accessory structures are allowed in all zones in compliance with this section.

B.    Approvals and Standards.

1.    The property owner shall obtain permits and approvals for an accessory structure in accordance with Division 10-20.40: Permits and Approvals.

2.    An accessory structure shall not be allowed on a lot or parcel without a primary structure on the same property.

3.    A primary structure shall be established prior to the issuance of a permit for an accessory structure, except that a permit for an accessory structure may be issued concurrent, or after, a permit is issued for the primary structure.

4.    No manufactured home, mobile home, trailer, semi-trailer, bus, recreational vehicle, boxcar or storage container shall be used as an accessory structure, except as permitted in subsection C. of this section.

5.     Accessory Dwelling Units shall comply with Section 10-40.60.030.

6.    Permanent storage structures shall comply with subsection C. of this section.

7.    All other accessory structures shall comply with the property development standards of the property’s zone, except as specified below:

a.    On any residential lot less than one acre, the total floor area of all accessory structures shall be less than that of the lot’s or parcel’s primary structure.

b.    The distance between a primary structure and an accessory structure shall comply with the Building Code.

c.    An accessory structure is not allowed in any Street Side Yard.

d.    Encroachments into the required setbacks are allowed in accordance with Table 10-50.40.020.A.

e.    The maximum height of an accessory structure shall comply with Table 10-40.60.020.B.7.e.

Table 10-40.60.020.B.7.e.

Allowed Height of Accessory Structure

Location of Accessory Structure

Building Height Maximum

Within the building envelope:

24 feet.

All other locations allowed

16 feet.

C.    Permanent Storage Structures.

1.    Placement.

a.    Residential and Transect Zones. A storage structure shall be placed in: (1) the building envelope, and behind the rear of the primary structure; (2) the rear yard or interior side yard in compliance with the standards provided in subsection B.7.d. of this section; or, (3) a combination of the building envelope’s rear yard, or interior side yard in compliance with the standards provided in subsection B.7.d. of this section.

b.     Commercial Zones. A storage structure shall: (1) be placed in compliance with the property development requirements of the property’s zone; (2) be placed in a location where it is not visible from the public right-of-way, unless the container is placed in the loading/dock area; and, (3) not be placed in parking areas.

c.    Industrial and Public Facility Zones. A storage structure shall only be placed: (1) in compliance with the property development standards of the property’s zone; and, (2) in a location where it is not visible from the public right-of-way, unless the container is placed in the loading/dock area.

3.    Maximum Floor Area.

a.    Residential and Transect Zones. A storage structure’s floor area shall not exceed 160 square feet.

b.     Commercial, Industrial, and Public and Open Space Zones. A storage structure’s floor area shall not exceed 384 square feet.

4.    Maximum Height. A storage structure shall not exceed a height of 10 feet measured from finish grade directly below the container.

5.    Maximum number of storage structures on a property in all residential and transect zones: one.

6.    Additional Requirements in the Commercial, Industrial, and Public and Open Space Zones. All property development standards of the property’s zone not specified in this subsection shall apply to a storage structure.

7.    Additional Requirements in All Zones.

a.     A storage structure shall:

i.    Have an exterior color that is an earth tone with a light reflectance value of 50 or less, or matches the main color of a building on property that the structure is placed nearest to;

ii.    Be nonhabitable, and used only for storage purposes; and

iii.    Not be connected to any utility service, except for an electrical service to provided lighting and electrical plugs.

b.    Storage structures mounted on trailers/wheels shall not be permitted.

(Ord. 2021-16, Amended, 7/6/2021 (Res. 2021-32); Ord. 2019-32, Amended, 11/5/2019 (Res. 2019-49); Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.025 Accessory Uses

A.    Accessory Uses Allowed.

1.    An Accessory Dwelling Unit (ADU) use is allowed where specified in Sections 10-40.30.030 and 10-40.30.040.

2.    All other accessory uses of a property are allowed in connection with a primary use on the same property.

3.    An accessory use shall require the approval of a conditional use permit when the accessory use is listed as primary use that requires a conditional use permit in the same zone.

B.    Determination of an Accessory Use. In determining that a use is accessory to a primary use, the Zoning Administrator shall find that the accessory use is clearly customary, subordinate and incidental to the primary use on the same property.

C.    Additional Criteria for Accessory Uses.

1.     Outdoor Storage. All outdoor storage areas shall comply with Section 10-40.60.275.

2.    Animal Keeping. Animal keeping shall be maintained in conformance with Section 10-40.60.070.

3.    An Accessory Dwelling Unit (ADU) shall comply with Section 10-40.60.030.

(Ord. 2019-32, Added, 11/5/2019 (Res. 2019-48))

10-40.60.030 Accessory Dwelling Units (ADUs)

A.    Applicability. Accessory Dwelling Units (ADUs) or carriage houses (see Section 10-50.110.040, Carriage House,) where allowed by Division 10-40.30, Non-Transect Zones, and Division 10-40.40, Transect Zones, are subject to the requirements of this section.

B.    Not to Be Sold. An ADU shall not be sold separately from the primary structure.

C.    Design, Development and Exception Standards.

1.    An ADU shall comply with Table 10-40.60.030.C., Accessory Dwelling Unit Design, Development and Exceptions Standards.

 

Table 10-40.60.030.C.

Accessory Dwelling Unit Design, Development and Exceptions Standards 

(1)

ADU Standards

(a)

Attached ADU: An Attached ADU shall share a common wall or roof structure with the remainder of the primary dwelling unit, and comply with the fire separations of the building and fire codes.

(b)

Detached ADU: A Detached ADU shall be physically detached from the primary dwelling unit, including a separate roof structure, and comply with the fire separations of the building and fire codes.

(c)

Interior ADU: An Interior ADU is a delineated area within the primary dwelling unit, and is neither attached or detached.

 

(Please refer to the definition of Attached, Detached, and Interior ADU in Division 10-80.20.)

(2)

Alley Orientation

(Detached ADU)

(a)

When a Detached ADU is adjacent to an alley, the ADU’s primary entry/exit access door and windows shall face the alley, unless approved by the Planning Director.

(3)

Amenities

(a)

An ADU shall contain independent living, sleeping, eating, cooking, and sanitation facilities as part of the ADU, which may be in the same room (i.e., a studio/efficiency dwelling).

(4)

Architectural Compatibility

(a)

An Attached or Detached ADU shall be designed as a subordinate structure to the primary structure on the lot or parcel in terms of its mass and size; and the ADU’s architectural character (colors, details, doors, materials, roof pitch, and windows, etc.) shall be compatible with the primary dwelling unit.

(b)

An Interior ADU shall be designed as an integrated and subordinate part of the primary dwelling unit. The Interior ADU shall, at a minimum, have interior pedestrian access to the common areas such as a foyer, living room, laundry room, basement, etc., of the primary dwelling unit, and share the primary entrance and exit. Exterior modifications to accommodate an Interior ADU shall be developed with an architectural character (colors, details, doors, materials, roof pitch, and windows, etc.) consistent with the existing structure.

(c)

Windows facing an adjoining residential property shall be designed to protect the privacy of neighbors; alternatively, fences, or walls shall be required to provide screening in compliance with Division 10-50.50, Fences and Screening.

(5)

Building Form and Property Development Standards

(a)

Setbacks.

 

 

(i)

A Detached ADU structure may be located in the rear and interior side setbacks; provided, that the following are maintained:

 

 

 

 

(i.a)

Minimum rear setback abutting a public alley right-of-way or private alley tract: 0 feet.

 

 

 

 

(i.b)

Minimum rear setback abutting another lot or parcel: 5 feet.

 

 

 

 

(i.c)

Minimum interior side setback: 5 feet.

 

 

 

(ii)

An Attached or Interior ADU shall comply with the required setbacks of a lot's or parcel's zone.

 

 

 

(iii)

Alternative setbacks and placements are allowed in accordance with Section 10-40.60.030.D.

 

 

(b)

(i)

Detached ADU Encroachments.

 

 

 

 

(i.a)

Only the encroachments in subsection (7) of Table 10-50.40.020.A. are allowed in the setbacks of subsections (5)(a)(i)(i.b) and (5)(a)(i)(i.c) of this Table. No other encroachment indicated in Table 10-50.40.020.A. is allowed in the setbacks of subsection (5)(a)(i) of this Table.

 

 

 

(i.b)

The encroachments of Table 10-50.40.020.A. are allowed into the setbacks of the lot’s or parcel’s zone.

 

(ii)

Attached and Interior Encroachments. The encroachment of Table 10-50.40.020.A. are allowed.

 

(iii)

A detached accessory structure constructed prior to February 16, 2016 that is located in the minimum setback(s) of subsection (5)(a)(i) of this Table or in the street side setback may be converted to an ADU or have an ADU as a second floor; provided, that there is no exterior addition or increase in building height within the minimum setback(s).

(c)

Building Height.

 

(i)

Attached and Interior ADU. Maximum height allowed by the lot’s or parcel’s zone.

 

(ii)

Detached ADU within the required setbacks of a lot's or parcel’s zone: 24 feet.

 

(iii)

Any portion of a Detached ADU that encroaches into the required setbacks of the property’s zone: 16 feet.

(d)

Lot Coverage. The lot coverage requirements of a property’s zone shall:

 

(i)

Not apply to Attached and Detached ADU; and

 

(ii)

Apply to a dwelling unit containing an Interior ADU.

(6)

Density

(a)

In single-family residential zones no more than one ADU per single-family residential lot or parcel is allowed.

(b)

In zones that allow multiple-family developments, the density requirements of the zone count an ADU as a dwelling unit.

(7)

Entrance

(Attached and Interior ADU)

(a)

Attached ADU. The pedestrian entrance to an Attached ADU shall not face the same street as the pedestrian entrance of the primary dwelling unit, except:

 

(i)

In zones that allow duplexes that are not required to be part of a Planned Residential Development;

 

(ii)

If the facade of the ADU with the pedestrian entrance is set back at least 50 feet from the property line; or

 

(iii)

If the ADU’s pedestrian entrance will not be visible from the same street that the pedestrian entrance of the primary dwelling unit is visible from.

(b)

Interior ADU. A pedestrian entrance to an Interior ADU shall be located on the interior side or rear side of the primary dwelling unit, and may be located on a street side facade of the primary dwelling unit, provided that the primary entrance to the primary dwelling does not face the same street side.

(8)

Home Occupations

(a)

Home occupations shall be allowed subject to Section 10-40.60.180, Home Occupations, in either the ADU or the primary residence, but not both.

(9)

Lot Size

(Detached ADU)

(a)

Minimum lot size: 6,000 square feet.

(10)

Movable Habitable Space

(a)

A mobile home, recreational vehicle, or other movable habitable space shall not be used as an ADU.

(b)

A manufactured or modular unit placed and secured on a permanent foundation in conformance with the Building Code may be used as an ADU in compliance with this section.

(11)

Number of Occupants

(a)

Maximum number of persons allowed to reside in an ADU: two persons.

(12)

Required Occupancy

(a)

The property owner, which includes title holders and contract purchasers, shall occupy either the primary dwelling unit or the ADU as their principal residence, unless the primary dwelling unit and ADU are allowed to be separately leased or rented in accordance with subsection G of this section.

(b)

The primary dwelling unit or the ADU that is not occupied by the property owner that is rented or leased shall be for a period of no less than 30 days.

(13)

Parking

(a)

Parking shall be in compliance with Division 10-50.80, Parking Standards, and the parking standards in Division 10-40.40, Transect Zones.

(b)

Parking provided with alley access shall maintain a 24-foot-wide back-out area, inclusive of the alley.

(14)

Placement

(a)

An ADU shall be constructed or placed on the same lot or parcel as the primary dwelling unit.

(b)

An ADU is allowed only on a lot or parcel containing a detached single-family dwelling unit.

(c)

An ADU is not allowed on a lot or parcel containing a duplex or triplex on properties zoned Rural Residential (RR), Estate Residential (ER), Single-Family Residential (R1), Single-Family Residential Neighborhood (R1N), Manufactured Housing (MH).

(d)

Additional placement regulations are contained in Section 10-40.60.030.D.

(15)

Size, ADU

(a)

Maximum Size.

 

 

 

(i)

Lots less than one acre: 800 square feet in gross floor area.

 

 

 

(ii)

Lots equal to or greater than one acre: 1,000 square feet in gross floor area; but, an ADU shall not be larger than fifty percent of the gross floor area of the primary dwelling unit, or 800 square feet, whichever is greater.

 

 

(b)

Allowance for Green Construction. The maximum size of an ADU constructed with green construction methods that cause the exterior walls to be greater than eight inches shall be:

 

 

 

(i)

Maximum Size.

 

 

 

 

(i.a.)

Lots less than one acre: 800 square feet in gross floor area, minus the area of the exterior walls.

 

 

 

 

(i.b.)

Lots equal to or greater than one acre: 1,000 square feet in gross floor area; but an ADU shall not be larger than 50 percent of the gross floor area of the primary dwelling unit, or 800 square feet, whichever is greater. The area of the ADU shall include the area of the exterior walls.

(16)

Subdividing a Lot with an ADU

(a)

Attached and Interior ADU. A lot or parcel containing an ADU shall not be subdivided into two or more lots or parcels unless each lot or parcel complies with the Zoning Code and Subdivision Ordinance. The ADU shall completely remain on one lot.

(b)

Detached ADU. The lot or parcel containing a Detached ADU shall not be subdivided into two or more lots or parcels unless each lot or parcel complies with the Zoning Code and Subdivision Ordinance.

 

(i)

When an existing Detached ADU will remain on the new lot or parcel created by subdivision, the property owner is required to modify the primary dwelling unit and ADU of the subdivided lots to comply with the Flagstaff City Code, including providing separate utility services connected to each unit, and obtain a new Certification of Occupancy for the units (when required by the Building Official), prior to City Staff recording the subdivision of the property. The ADU that remains on the new lot or parcel shall be considered a primary dwelling unit, unless a new primary dwelling unit is constructed on the new lot or parcel.

(17)

Utility Service

(a)

An ADU shall be connected to utilities (except internet, telephone and television), either to the primary dwelling unit, or separate utility services.

D.    Building Placement. In addition to the standards provided in Table 10-40.60.030.C., ADUs proposed as part of the subdivision platting and approval process may be located on the rear or interior side property line under the following conditions illustrated in Figures 10-40.60.030.D.1. and 10-40.60.030.D.2., and:

1.    The ADU is located above a garage; and

2.    Four ADUs designed and constructed together are located at the common intersection of the rear and interior side of four lots; or

3.    Two ADUs designed and constructed together and with direct access to an alley are located at the common intersection of the rear and interior side of two lots.

 

Figure 10-40.60.030.D.1.

 

Figure 10-40.60.030.D.2.

Four ADUs located at the common intersection of the rear and interior side of four lots

 

Two ADUs with direct access to an alley

E.    Restrictive Covenant.

1.    The following shall be required, unless the property owner participates in the rental dwelling unit incentive of subsection G of this section:

a.    The property owner shall sign before a notary public a restrictive covenant that runs with the land on a form prepared by the City Attorney or designee affirming that the property owner shall:

i.    Occupy either the primary residence or the ADU; or

ii.    If the property owner rents or leases a property with both a primary residence and an ADU to a third party, then neither the primary residence nor the ADU shall be sub-leased.

b.    The restrictive covenant shall be submitted to the City prior to the issuance of a building permit for the ADU. The City shall record the restrictive covenant after the building permit has been issued.

F.    Findings for Approval of ADUs. An application for approval of an ADU shall be based on the following findings:

1.    The exterior design of the ADU is compatible with the primary residence and does not dominate it or surrounding properties. This has been achieved through use of compatible and complimentary architectural building forms, construction materials, colors, landscaping, and other methods that conform to acceptable construction practices.

2.    The exterior design of the ADU is in suitable proportion with and maintains the scale of the neighborhood.

3.    The ADU does not result in excessive noise, traffic or parking congestion.

4.    The site plan provides open space and landscaping that is useful for both the ADU and the primary residence. Open space and landscaping provides for privacy and screening of adjacent properties.

5.    The location and design of the ADU maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, light, air, solar access or parking of adjacent properties.

6.    Major access stairs, decks, entry doors and major windows on one and one-half and two story structures face the primary residence to the maximum extent it is feasible, or the rear alley, if applicable. Windows that face neighboring side or rear setbacks are installed so the bottom of the window is a minimum of six feet above the floor.

7.    Buildings, structures, and other features of the site plan, such as walkways and driveways, are oriented and located to maintain natural and historic resources to the maximum extent feasible and to minimize alteration of natural landforms.

G.    Rental Dwelling Unit Incentive.

1.    As an incentive to property owners to construct ADUs and to increase the number of long-term rental dwelling units that are available in the Flagstaff area, the primary residential dwelling unit and the ADU may be rented or leased separately if the property owner agrees to and signs before a notary public a restrictive covenant on a form prepared by the City Attorney or designee affirming that the property owner will not rent or lease either of the dwelling units for a period of less than 30 days. The restrictive covenant shall be submitted to the City prior to the issuance of a building permit for the ADU, or before the property owner rents or leases the primary residential dwelling unit and the ADU, whichever is earlier. The restrictive covenant shall run with the land.

(Ord. 2021-16, 7/6/2021 (Res. 2021-32); Ord. 2019-31, Amended, 11/5/2019 (Res. 2019-48); Ord. 2017-10, Amended, 4/4/2017; Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.040 Accessory Wind Energy Systems

A.    Purpose. The purpose of this section is to accommodate accessory wind energy systems (AWES) in appropriate locations within the City while minimizing any adverse visual, safety and environmental impacts. Standards for horizontal and vertical wind turbines are provided. In addition, a permitting process for AWES is established to ensure compliance with the provisions of the requirements and standards of this section.

B.    Location and Siting Requirements.

1.    AWES may be located within all zones subject to the location and siting standards provided in Table 10-40.60.040.A., Location and Siting Standards for Accessory Wind Energy Systems.

2.    AWES turbines can also be placed on light poles within parking and street areas. (See Table 10-40.60.040.A., Location and Siting Standards for Accessory Wind Energy Systems.)

Table 10-40.60.040.A.: Location and Siting Standards for Accessory Wind Energy Systems 

 

All Commercial, Industrial and Public Lands Zones

All Residential Zones

Min. Lot Area

Min. 0.5 acre

Min. 1 acre

Number of AWES

Lot Area

No. of AWES

 

More than 45' in height

<0.5

acre 1

1 per Lot or Parcel

 

0.5 – 1 acre

2

 

> 1 acre

1 per additional acre

Less than 45' in height mounted on light poles

Unlimited

 

Maximum Height1

 

 

 

Tower-mounted AWES

90'

45'

Vertical AWES

Height limitations for the underlying zone

Height limitation for the underlying zone

Augmented AWES

Small DC AWES

 

End Notes

1. The height of an accessory wind energy system shall be measured from pre-existing natural grade to the center of the turbine hub.

3.    Setback Requirements.

a.    Tower-mounted accessory wind energy systems shall be set back a distance equal to 110 percent of the total height from any overhead public utility lines and any residential zone.

b.    No portion of any accessory wind energy system, including the rotor, shall project beyond the property line on which the system is located.

c.    Tower-mounted accessory wind energy systems greater than 45 feet in height shall not be located any closer than 150 feet from the right-of-way lines of the following streets and highways within Flagstaff City limits:

(1)    Interstate 40;

(2)    Interstate 17;

(3)    U.S. Highway 89N;

(4)    U.S. Highway 180/Fort Valley Road;

(5)    Route 66;

(6)    Milton Road;

(7)    Switzer Canyon Drive;

(8)    Cedar Avenue from Turquoise Drive to West Street; and

(9)    Lake Mary Road.

d.    In all other nonresidential zones, tower-mounted accessory wind energy systems greater than 45 feet in height shall be located a minimum of 20 feet behind the front setback line or the facade of an existing or proposed building, whichever is greater.

e.    All accessory wind energy systems shall not be located within access or utility easements or within any buffer or setback area required by the underlying zone.

f.    Accessory wind energy systems collocated on a light pole (for example, a parking lot light pole) that are 45 feet in height or less may be located in the setback area described in subsection (B)(3)(e) of this section, but may not be located within any buffer yard or setback area as required by the underlying zone.

C.    Performance Standards and Design Requirements.

1.    Accessory wind energy systems shall conform to applicable industry standards, including the American National Standards Institute and the American Wind Energy Association’s SWCC (Small Wind Certification Council) and/or International Electrical Code (IEC) 61400-2.

2.    All components of an accessory wind energy system (such as the tower, blades, wind turbine, etc.) shall be painted a matte or non-reflective color from the manufacturer to blend with the sky. The tower, blades and wind turbine shall be painted the same color, and may not be repainted except for maintenance purposes. The appearance of the turbines, towers and all other related components shall be maintained throughout the life of the accessory wind energy system facility in compliance with required operational maintenance standards as recommended by the manufacturer.

3.    Permanent or temporary signs and logos are prohibited on any component of an accessory wind energy system, except as follows:

a.    Manufacturer’s or installer’s identification on the turbine or tower; and

b.    Appropriate warning signs and placards.

4.    An accessory wind energy system shall not be illuminated unless required by a State or Federal agency.

5.    Electrical collection system conduit shall be placed underground within the interior of each parcel, except that the collection system may be placed overhead near substations or points of connection to the electric grid.

6.    Accessory wind energy systems shall be designed, installed, and operated so that noise generated by the system shall not exceed 50 dBA measured from the nearest property line, except during short term events such as utility outages and severe wind storms.

7.    All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 10 feet above the ground.

8.    No moving portions of the turbine shall be located any closer than 25 feet above the adjacent finished grade.

9.    Accessory wind energy systems shall only be mounted on monopole towers, and web-truss or guy-wired systems are not permitted within the City limits.

10.    Except as provided in subsections (F) and (G) of this section, accessory wind energy systems shall not be mounted or erected on a building.

11.    All electrical connections and wiring shall be located within the tower supporting the turbine and protected from accidental human contact or inside electrical conduit in compliance with National Electrical Code (NEC) standards.

D.    Approvals Required.

1.    No accessory wind energy system shall be erected, constructed, installed or modified without first obtaining a building permit.

2.    All accessory wind energy systems shall comply with all applicable sections of the Building Code.

3.    The following additional information shall be provided on the site plan or on additional plans and drawings as necessary to assist in the review of the building permit application:

a.    A site plan that shows the location of existing and proposed structures, maintenance drop zone for working on the wind turbine without crossing property lines, any easements on the property, setbacks and the location of the proposed accessory wind energy system;

b.    A cross-section of the property showing the height of the accessory wind energy system structure relative to the nearest existing and proposed buildings;

c.    Manufacturer’s specifications on size, color and recommendations for installation;

d.    Structural calculations and plans for the tower and its foundation stamped by an engineer licensed within the State of Arizona; and

e.    For all accessory wind energy systems that connect to the electric grid, a copy of an inter-connect agreement with the applicable public utility shall be submitted.

E.    Obsolescence and Removal. If the accessory wind energy system remains inoperative or non-functional for a continuous period of 180 days, the system shall be deemed to be abandoned and shall constitute a public nuisance. Owners shall remove abandoned systems at their expense after a demolition permit has been obtained. Removal includes demolition and removal of the tower and all related above grade structures, except that any landscaping, grading or below-grade foundations may remain.

F.    Vertical or Augmented Accessory Wind Energy Systems.

1.    Vertical or augmented accessory wind energy systems may be mounted or erected on the side or top of a building or structure in all zones if they are installed no higher than the height limitation for the zone within which they are located as measured from finished grade to the top of the vertical accessory wind energy system.

2.    Vertical or augmented accessory wind energy systems are not subject to the siting requirements of subsection (B) of this section, except that they shall not be located within access or utility easements or within any setback area as required by the underlying zone.

3.    Vertical or augmented accessory wind energy systems shall conform to applicable industry standards, including the American National Standards Institute and the American Wind Energy Association’s SWCC (Small Wind Certification Council) and/or International Electrical Code (IEC) 61400-2.

4.    Vertical or augmented accessory wind energy systems shall be painted a matte or non-reflective color from the manufacturer to blend with the sky. All components of the system shall be painted the same color, and may not be repainted except for maintenance purposes. The appearance of the turbines, towers and all other related components shall be maintained throughout the life of the system in compliance with required operational maintenance standards as recommended by the manufacturer.

5.    Permanent or temporary signs and logos are prohibited on any component of a vertical or augmented accessory wind energy system, except as follows:

a.    Manufacturer’s or installer’s identification on the turbine or tower; and

b.    Appropriate warning signs and placards.

6.    A vertical or augmented accessory wind energy system shall not be illuminated unless required by a State or Federal agency.

7.    Electrical collection system conduit shall be placed underground within the interior of each parcel, except that the collection system may be placed overhead near substations or points of connection to the electric grid.

8.    All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

9.    No moving portions of the turbine shall be located any closer than eight feet above the adjacent finished grade.

10.    All electrical connections and wiring shall be located within the structure supporting the turbine and protected from accidental human contact or inside electrical conduit in compliance with National Electrical Code (NEC) standards.

11.    Vertical or augmented accessory wind energy systems shall follow the permitting process established in subsection (D) of this section.

G.    Small DC Accessory Wind Energy Systems.

1.    Small DC accessory wind energy systems (i.e., 200 to 1,000 watts) may be mounted or erected on a building or structure in all zones if they are installed no higher than the height limitation for the zone within which they are located as measured from finished grade to the top of the small DC accessory wind energy system.

2.    Small DC accessory wind energy systems are not subject to the siting requirements of subsection (B) of this section, except that they shall not be located within access or utility easements or within any setback area as required by the underlying zone.

3.    Small DC accessory wind energy systems shall conform to applicable industry standards, including the American National Standards Institute and the American Wind Energy Association’s SWCC (Small Wind Certification Council) and/or International Electrical Code (IEC) 61400-2.

4.    Small DC accessory wind energy systems shall be painted a matte or non-reflective color from the manufacturer to blend with the sky. All components of the system shall be painted the same color, and may not be repainted except for maintenance purposes. The appearance of the turbines, towers and all other related components shall be maintained throughout the life of the system in compliance with required operational maintenance standards as recommended by the manufacturer.

5.    Permanent or temporary signs and logos are prohibited on any component of a small DC accessory wind energy system, except as follows:

a.    Manufacturer’s or installer’s identification on the turbine or tower; and

b.    Appropriate warning signs and placards.

6.    A small DC accessory wind energy system shall not be illuminated unless required by a State or Federal agency.

7.    Electrical collection system conduit shall be placed underground within the interior of each parcel, except that the collection system may be placed overhead near substations or points of connection to the electric grid.

8.    All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

9.    No moving portions of the turbine shall be located any closer than eight feet above the adjacent finished grade.

10.    All electrical connections and wiring shall be located within the structure supporting the turbine and protected from accidental human contact or inside electrical conduit in compliance with National Electrical Code (NEC) standards.

11.    Small DC accessory wind energy systems are exempt from building permit review, except that an electrical permit shall be obtained prior to installation.

10-40.60.050 Adult Entertainment

A.    Purpose. The City recognizes that there are some uses which, because of their nature, are recognized as having serious adverse secondary effects, particularly when such uses are concentrated, and impact the use and enjoyment of adjacent areas and increase law enforcement problems. Special regulation of these uses is necessary to insure that these adverse secondary effects will not contribute to blighting or downgrading of surrounding neighborhoods, endanger public safety, or decrease the value of surrounding properties. The purpose of these regulations is to promote the health, safety and general welfare of the City by preventing a concentration or clustering of these uses in any one area of the City and to restrict their proximity to residential areas, schools, religious institutions, parks and other public facilities.

It is not the intent of this Zoning Code to restrict access by adults to sexually oriented materials protected by the First Amendment, suppress any speech activities protected by the First Amendment, or deny access by the distributors and exhibitors of sexually oriented entertainment to their market. The provisions propose content-neutral regulations that address the negative secondary impacts of adult retail uses and entertainment establishments and prevent the negative economic and aesthetic impacts upon neighboring properties and the community as a whole. Further, it is not the intent of this Zoning Code to permit any use or act, which is otherwise prohibited or made punishable by law.

B.    Legislative Findings Regarding the Secondary Effects of Adult-Oriented Business. Based upon the legislative findings and evidence provided to the State of Arizona as part of A.R.S. § 13-1422; the evidence of the adverse secondary effects of adult-oriented businesses presented in hearings and in reports made available to the Arizona State Legislature; the evidence of adverse secondary effects of adult-oriented businesses presented to the City; and on the findings discussed in legal cases, including City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); PAP’s A.M. v. City of Erie, 529 U.S. 277 (2002), City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), California v. Larue, 409 U.S. 109 (1972), Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Center For Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003), the City finds, consistent with the findings of the Arizona State Legislature, that:

1.    Adult-oriented businesses, as a category of commercial land uses, are associated with a wide variety of adverse secondary effects, including negative impacts on surrounding properties, personal and property crimes, illicit drug use and trafficking, lewdness, prostitution, potential spread of disease, and sexual assault.

2.    Adult-oriented businesses should be separated from the sensitive land uses that are identified in subsection (C)(1) of this section to minimize the impact of their secondary effects on these uses and should be separated from other adult-oriented businesses to insure that these adverse secondary effects will not contribute to the blighting or downgrading of the existing surrounding neighborhoods, endanger public safety or decrease the value of surrounding properties.

3.    There is a substantial government interest in preventing each of the forgoing negative secondary effects. This substantial government interest exists independent of any comparative analysis between adult-oriented businesses and non-adult-oriented businesses.

4.    The evidentiary record before the City establishes a reasonable basis to show that this regulation has the purpose and effect of suppressing secondary effects related to adult-oriented businesses while leaving the quantity and accessibility of speech substantially intact. The City finds that a substantial interest and sufficient evidence exists to regulate adult-oriented businesses independent of any comparative rationale or comparative analysis involving the secondary effects of adult-oriented businesses. The City further finds that sufficient evidence exists in the record that the secondary effects associated with adult-oriented businesses will be reduced by these regulations.

C.    Location Requirements for Adult-Oriented Businesses.

1.    Adult-oriented businesses located within the zones established in Division 10-40.40, Transect Zones, and Division 10-40.30, Non-Transect Zones, shall be subject to the following location requirements:

a.    No adult-oriented business shall be operated or maintained within 500 feet of another adult-oriented business; and

b.    No adult-oriented business shall be operated or maintained within 750 feet of a boundary of a residential zone; the property line of a lot devoted to a residential use in any zone; a child care facility; a private, public, or charter school; a preschool, nursery, kindergarten, or similar use; a public playground; a public or private recreational facility; a religious institution; a library; a public park; a public or private community building; a teen dance center; an amusement park; or a game center.

2.    For the purpose of subsection (C)(1) of this section, the distance limitations shall be measured as the shortest line between the property lines of the relevant properties involved. This measurement shall exclude any public right-of-way that is adjacent and connected to the recorded lot lines of the relevant properties involved in the measurement.

3.    Any adult-oriented business that fails to comply with this section but which was lawfully operating before February 5, 2008, shall not be deemed to be in violation of this section. However, such business will not be permitted to be increased, enlarged, extended, or altered unless the changes bring the business into compliance with this section. An adult-oriented business lawfully operating in conformity with this section does not violate this section if another location-restricted use listed in subsection (C)(1)(b) of this section subsequently locates within 750 feet of the existing and operating adult-oriented business. An adult-oriented business lawfully operating is not rendered in violation of these provisions by the subsequent rezoning of land to a residential zone.

D.    Miscellaneous Provisions for Adult-Oriented Businesses.

1.    Each of the provisions of this section shall be severable, and a judicial determination that any such provision is invalid on Federal or State constitutional grounds, or otherwise, shall not affect the validity of:

a.    Any other provisions; or

b.    Any determination by the City insofar as it is based on any provision not determined to be invalid.

2.    These provisions shall not be construed as permitting any use or act that is otherwise prohibited or made punishable by law.

3.    The maintenance of two or more adult-oriented businesses in a single building that are not at least 51 percent owned by the same entity shall be treated as two separate adult-oriented businesses for purposes of applying the location provisions of subsection (C)(1) of this section.

4.    All adult-oriented businesses shall meet the location criteria prescribed in this section. The Board of Adjustment shall not have the jurisdiction to grant variances from the location standards.

E.    Penalties for Violation of this Section.

1.    A violation of subsection (C) of this section is a Class 1 misdemeanor. Each day of violation constitutes a separate offense.

2.    If there is reason to believe that a violation of this section is being committed within the City, the City may, or a citizen of this City who resides in the City in the citizen’s own name may, maintain an action to abate and prevent the violation and to enjoin perpetually any person who is committing the violation and the owner, lessee or agent of the building or place in or on which the violation is occurring from directly or indirectly committing or permitting the violation.

10-40.60.060 Airport/Landing Strips, Heliport, or Helistops

A.    As a condition of granting a conditional use permit, the Planning Commission may require additional buffering in the form of berms for airports, landing strips, heliports, and helistops.

B.    Sites for airports, landing strips, heliports, and helistops shall be sufficient in size and otherwise adequate to meet the standards of the Federal Aviation Agency, Department of Transportation, for the class of use proposed, in compliance with their published Rules and Regulations.

C.    An overlay zone similar to that established for the City’s Pulliam Municipal Airport shall be established for any new airports or landing strips proposed within the City to control conflicts between land uses and noise generated by aircraft and to protect the public health, safety, and welfare from adverse impacts associated with excessive noise.

D.    No planned approach areas shall be permitted over existing residential areas.

E.    Any proposed runway or landing strip shall be situated so that any structures, high voltage power lines, towers, chimneys, and natural obstructions within the approach zones shall comply with regulations for height restrictions in airport approach zones of the Federal Aviation Agency, Division of Aeronautics, or a municipal or other airport authority qualified by law to establish hazard zoning regulations.

F.    There shall be sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements of the Federal Aviation Agency. If air rights or easements have been acquired from the owners of abutting properties in which approach zones fall, proof of these air rights or easements shall be submitted with the application.

G.    Parking shall be in compliance with Division 10-50.80, Parking Standards.

H.    Any building, hangar or other structure shall be set back at least 100 feet from any street or lot line.

I.    All repair of aircraft and machinery shall be done inside hangars.

10-40.60.070 Animal Keeping

Standards for the keeping of animals, including, but not limited to, hoofed animals, fowl, and beekeeping, are provided in Chapter 6-03, Animal Keeping.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.080 Automobile, Go-Kart, and Miniature Automobile Racing

Automobile, go-kart, miniature automobile racing, and associated driving tracks shall be at least 500 feet from any residential zone unless enclosed by a solid fence or wall at least six feet high, in which case the track must be at least 200 feet from a residential zone.

10-40.60.090 Automobile Service Station and Convenience Store

An automobile service station shall store all vehicle parts within a completely enclosed building.

10-40.60.100 Automobile/Vehicle Repair Garage – Major/Minor

A.    All storage of vehicles awaiting needed parts or repair shall be within the building or within a compound yard enclosed by a six-foot-high solid fence or wall, except for driveway openings.

B.    An automobile service station shall store all vehicle parts within a completely enclosed building.

10-40.60.110 Bed and Breakfasts

A.    A bed and breakfast shall be operated by the property owner/manager living on the site.

B.    Bed and breakfasts shall be limited to a maximum of four guest bedrooms, plus accommodations for the property owner/manager.

C.    Food may only be served to registered overnight guests. Guest room cooking facilities are prohibited.

D.    Parking shall be provided in compliance with Division 10-50.80, Parking Standards.

E.    Signs shall comply with the standards established in Division 10-50.100, Sign Standards.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.120 Co-housing

A.    Co-housing is a permitted use within those housing types that are already allowed with the zone in compliance with Division 10-50.110, Building Types, or as a planned residential development (refer to Section 10-40.60.270, Planned Residential Development).

B.    Co-housing does not include individual rooms (Single Room Occupancy (SROs)) except in those zones where SROs are permitted under boarding and rooming facilities in compliance with Divisions 10-40.30, Non-Transect Zones, and 10-40.40, Transect Zones.

C.    Dwelling units in co-housing developments shall not have individual setbacks or lot lines.

D.    Parking may be clustered in one area and not located at individual units in compliance with Division 10-50.80, Parking Standards.

E.    Home occupations are allowed in a co-housing development based on the underlying zone, in compliance with Divisions 10-40.30, Non-Transect Zones, and 10-40.40, Transect Zones.

F.    Required open space (including requirements of open space outside of a building envelope) may be combined as shared open space.

G.    For new housing, co-housing may be clustered on smaller lots (footprints) without changing the underlying density.

H.    The shared house components of the co-housing development may be the largest structure in the development. The shared housing components may also be identified based on the siting relationship to the rest of the development.

Figure 10-40.60.120A

Concept Co-Housing Development

10-40.60.130 Commercial Campground

A.    General. A commercial campground includes facilities that accommodate travel trailers, motor homes, boats, or other recreational vehicles in addition to non-vehicle camping areas.

B.    Location. Campgrounds shall be located in permitted zones on property having direct access to an arterial street or highway as indicated by the General Plan.

C.    Principal Uses.

1.    Travel Trailer Facilities. A minimum of one acre shall be established for parking travel trailers.

2.    Campgrounds. Campgrounds and freestanding tent sites shall be limited to 15 percent of the commercial campground.

D.    Accessory Uses.

1.    Recreational facilities, laundry buildings, service retail store, manager’s office, storage buildings, sanitary facilities, and fences shall be constructed in compliance with all the provisions of this section and all other applicable City regulations.

2.    One manufactured home or single-family dwelling may be located in the park subject to the approval of a conditional use permit.

E.    Development and Design Requirements.

1.    A maximum density of 15 units per acre.

2.    Recreation area or common space requirements shall be at a ratio of 100 square feet per unit site.

3.    No direct access to an individual site shall be permitted from a public street.

4.    All public utilities shall be placed underground.

5.    Interior landscaping of the park shall require at least one tree per lot, existing, or if planted the tree shall be at least a 15-gallon container in size.

F.    Individual Travel Trailer or Recreational Vehicle Sites Development Standards.

1.    Minimum width: 25 feet.

2.    Minimum depth: 45 feet.

G.    Tent Sites. Campground areas of any travel trailer park shall provide a minimum of 500 square feet for each tent site. A 10-foot separation shall be maintained between tents.

H.    Sanitary Garbage Pickup. In every commercial campground there shall be provided at least one sanitary garbage pickup area on the site. The garbage pickup area shall be screened from view in compliance with Division 10-50.50, Fences and Screening.

I.    Parking. Parking shall be in compliance with Division 10-50.80, Parking Standards.

10-40.60.140 Community Garden

A.    General. Community gardens shall consist of land used for the cultivation of fruits, vegetables, plants, flowers or herbs by multiple users. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

Community gardens are allowed on rooftops of structures in compliance with the City’s Low Impact Development (LID) Manual, Section 4.7 (Vegetated Roofs).

B.    Community gardens are subject to the following regulations:

1.    Community gardens shall have a set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, and security requirements and responsibilities. A garden coordinator shall be designated to perform the coordinating role for the management of the community gardens. The garden coordinator shall be responsible for assigning garden plots in a fair and impartial manner according to the operating rules established for that garden. The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on file with the Public Works Division and posted on-site.

2.    The site is designed and maintained so that water and fertilizer will not drain onto adjacent property.

3.    There shall be no retail sales on-site, except for produce grown on the site.

4.    No building or structures shall be permitted on the site, with the exception of the following:

a.    Sheds for storage of tools limited in size to 200 square feet;

b.    Greenhouses, limited in size to 200 square feet and designed in compliance with setbacks for accessory structures, consisting of buildings made of glass, plastic or fiberglass in which plants are cultivated; and

c.    Other small hardscape areas and amenities (such as benches, bike racks, raised/accessible planting beds, compost or waste bins, picnic tables, seasonal farm stands, fences, garden art, rain barrels, and children’s play areas).

5.    The combined area of all structures shall not exceed 15 percent of the community garden site area.

6.    Fences shall be in compliance with Division 10-50.50, Fences and Screening.

7.    The sale of fresh produce and cottage foods (i.e., baked, pickled, canned or similarly produced foods grown in the community garden) is permitted subject to compliance with all State and local regulations.

8.    On-site storm water systems and irrigation shall be consistent with the Stormwater Regulations.

C.    Maintenance Required. Maintenance of community gardens shall be in compliance with Section 10-50.60.080, Maintenance.

D.    Abandoned or Unproductive Community Gardens. If a community garden is left in an unproductive state for longer than a period of 12 months, the garden coordinator or other individual(s) responsible for the community garden shall ensure that it is replaced with landscaping in compliance with Division 10-50.60, Landscaping Standards, or seeded in accordance with Chapter 13-17 of the Engineering Standards.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.150 Day Care Home and Center

A.    Day Care Home.

1.    No more than one full-time person not residing on the premises may be employed in the home day care use.

2.    The home day care shall be conducted in a manner that does not create adverse impacts on the residential character of the neighborhood, including, but not limited to dust, noise, order, and traffic.

3.    During the hours of activity of the day care use, there is no limit on the amount of floor area devoted to this secondary use.

4.    Outdoor activities and equipment associated with the home day care are permitted and must be screened by a minimum five-foot-high fence or wall.

5.    The hours of operation shall not create adverse impacts on adjoining properties.

6.    The maximum number of persons that day care services may be provided for in a dwelling or a dwelling’s accessory structure shall not exceed eight persons. The maximum number of eight persons shall include children under the age of 14, and any older individual, or disabled person (14 years of age or older) that resides in the dwelling and supervision is provided for.

7.    Supervision of children, older individuals, or disabled adults is limited to less than 24 hours.

8.    When required by the State of Arizona, all day care homes shall maintain an active State issued license.

B.    Day Care Center.

1.    Day care center facilities shall comply with all applicable State and fire codes, including Arizona Revised Statutes.

2.    Day care center on-site exterior lighting shall be consistent with Division 10-50.70, Outdoor Lighting Standards.

3.    A six-foot-high solid fence or wall shall be constructed on all property lines or around the outdoor activity areas of day care centers, except in the front setback or within a traffic safety visibility area, in compliance with Division 10-50.50, Fences and Screening.

4.    All day care center facilities shall have public access.

5.    The hours of operation shall not create adverse impacts on adjoining properties.

6.    Supervision of children, older individuals, or disabled adults is limited to less than 24 hours.

7.    When required by the State of Arizona, all day care centers shall maintain an active State issued license.

(Ord. 2019-32, Amended, 11/5/2019 (Res. 2019-49))

10-40.60.160 Drive-Through Retail or Service Facility

A.    Design Objectives. A drive-through retail or service facility shall only be permitted if the Director first determines that the design and operation will avoid congestion, excessive pavement, litter, and noise.

B.    Limitation on Location. The drive-through shall only be located along the building’s facade away from a street frontage.

C.    On-Site Circulation Standards. The drive-through retail or service facility shall be provided internal circulation and traffic control as follows:

1.    Drive-Through Lane Design.

a.    The entrance/exit of any drive-through lane shall be a minimum of 50 feet from an intersection of public rights-of-way (measured at the closest intersecting curbs).

b.    The drive-through lane shall be designed with a minimum 10-foot interior radius at curves and a minimum 10-foot width.

c.    To the maximum extent feasible, drive-through lanes shall not be located between a property line and the front of the building. Where this is not practical, the drive-through lane shall be screened by a wall designed to match the building materials of the primary building(s) on the site.

Figure 10-40.60.160.A.

An Appropriately Screened Drive-Through Lane

2.    Drive-Through Stacking Area. A clearly identified area shall be provided for vehicles waiting for drive-up or drive-through service that is physically separated from other on-site traffic circulation.

a.    The stacking area shall accommodate a minimum of five cars for each drive-up or drive-through window in addition to the vehicle receiving service.

b.    The stacking area shall be located at and before the service window (e.g., pharmacy, teller, photo shop).

c.    Separation of the stacking area from other traffic shall be by concrete curbing or paint striping on at least one side of the lane.

d.    Stacking areas adjacent and parallel to streets or public rights-of-way shall be prohibited.

3.    Parking. Parking shall be in compliance with Section 10-50.80.040, Number of Motor Vehicle Parking Spaces Required.

4.    Building Types. Building types shall be in compliance with suburban building types identified in Section 10-50.110, Building Types.

5.    Walkways. An on-site pedestrian walkway shall not intersect a drive-through aisle.

6.    Visual Buffer. The drive-through aisle shall be screened from the sidewalk or street with landscaping or walls and berms.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.170 Dwelling, Cluster

A.    Cluster dwellings shall allow for single-family and co-housing residential uses that include, as part of the design, common open space providing for one unit per lot. A cluster dwelling can be affordable housing (Division 10-30.20, Affordable Housing Incentives), if the requirements of this section are met.

B.    Building form standards for cluster dwelling may be modified from those provided in Section 10-40.30.030, Residential Zones. If there is a conflict between any standards, the provisions of this section control over Section 10-40.30.030, Residential Zones, for cluster dwellings.

C.    Table 10-40.60.170.A, Cluster Dwelling, identifies the different lot standards that apply to cluster dwelling depending upon the zone in which the cluster lot is located. Figure 10-40.60.170A illustrates the cluster dwelling standards.

Table 10-40.60.170.A: Cluster Dwelling

Type of Decision

RR

ER

Setback

 

 

Front

50'

30'

Side

15/40'1

15/35'1

Rear

50'

30'

Building Height (max)

35'

35'

Building Coverage (max)

0.10

0.22

Lot Size (min)2

136,680 sf

21,000 sf

Lot Width (min)

130'

100'

Common Open Space

40%

40%

 

End Notes

1The first (lower) number applies to a single setback and the second to the combined side setback.

2 Excluding required open space areas in compliance with subsection (D) of this section.

D.    Common Open Space for Cluster Dwellings.

1.    Common open space areas shall not include any required setback.

2.    The open space shall include a restricted covenant with a natural conservation easement to prohibit any future development beyond the permit activities allowed in resource areas in compliance with Division 10-50.90, Resource Protection Standards.

3.    Rights-of-way shall be excluded from the gross open space calculation.

Figure 10-40.60.170A

Cluster Dwelling in the ER Zone

10-40.60.175 High Occupancy Housing Developments and Mixed-Use High Occupancy Housing Developments

A.    General Requirements.

1.    The applicant of an HOHD or MHOHD with four dwelling units or more shall submit typical floor plans or a typical residential unit study that illustrates how the residential units of an HOHD or MHOHD could be converted to a residential unit that is no longer an HOHD or MHOHD with minimal structural or minimal plumbing modifications. The required study shall be designed and sealed by an Arizona registrant.

2.    An HOHD or MHOHD with four or more dwelling units shall be located inside of a pedestrian shed of an activity center delineated in the General Plan or applicable Specific Plan.

3.    An HOHD or MHOHD with four dwelling units or more, and that has more than 29 dwelling units per acre or more than 72.5 bedrooms per acre shall have:

a.    A minimum of 20 percent of the bedrooms contained in studio and/or one-bedroom dwelling units; and

b.    A maximum of 30 percent of bedrooms contained in dwelling units with four bedrooms or more.

4.    An HOHD or MHOHD with four dwelling units or more, and that has 29 dwelling units per acre or less or 72.5 bedrooms per acre or less shall not exceed a Bedroom-to-Dwelling Unit Ratio greater than 3.5.

5.    The maximum number of bedrooms in a two-unit HOHD or MHOHD: 10.

6.    The maximum number of bedrooms in a three-unit HOHD or MHOHD: 12.

7.    Inside of a pedestrian shed of a Regional Activity Center, an HOHD or MHOHD in a commercial zone may contain more than 50 dwelling units per acre and/or 125 bedrooms per acre.

8.    An HOHD in a Commercial Zone shall be:

a.    On a lot or parcel that is setback at least 300 feet from the centerline of a street classified as a Commercial Corridor identified on the General Plan; and

b.    There shall be an existing primary mixed-use development or commercial use(s), excluding primary transportation and infrastructure uses, on the lot(s) or parcel(s) between the HOHD and the Commercial Corridor street.

9.    An MHOHD shall comply with the mixed-use development standards of Section 10-40.60.260.

10.    Prior to the final approval of a land division that creates one or more lots or parcels with a development that conforms to the definition of an HOHD or MHOHD, the property owner shall obtain approval of a Conditional Use Permit for the Development Site that will contain the HOHD or MHOHD.

11.    An MHOHD shall be on a lot or parcel that abuts a street classified as a commercial corridor shown on the General Plan.

B.    Building Footprint1 Sizes and Separation Requirements.

1.    Maximum building footprint1 inside a pedestrian shed of a Historic Activity Center delineated in the General Plan or applicable Specific Plan, excluding properties zoned Commercial Business (CB): Equal to, or less than, 5,000 square feet.

2.    Maximum building footprint1 inside a pedestrian shed of a Historic Activity Center delineated in the General Plan or applicable Specific Plan, and on a property zoned Commercial Business (CB): Equal to, or less than, 22,000 square feet.

3.    Maximum building footprint1 inside a pedestrian shed of a Regional Activity Center delineated in the General Plan or applicable Specific Plan: No Maximum.

4.    Maximum building footprint1 inside a pedestrian shed of an activity center in all other areas not described in subsections B.1., B.2., and B.3. of this section: Equal to, or less than, 22,000 square feet.

5.    Excluding the Commercial Business (CB) zone, the minimum separation between the building footprints of structures on the same lot or parcel, and structures on an abutting lot or parcel, shall be separated by a distance that is the greater of 10 feet, or one-third the height of the taller structure.

6.    Where the area of a pedestrian shed of an activity center intersects with the area of a pedestrian shed of another activity center, the pedestrian shed with the more restrictive maximum building footprint requirement shall govern the intersecting area. The locations of the pedestrian sheds of the activity centers are identified in the General Plan, including any applicable Specific Plans.

Note 1:     For the purpose of the requirements of subsection B. of this section, the maximum allowable building footprint is equal to the largest floor plate of a structure, including interior courtyards, abutting and interior, or partial interior, podium and above ground parking structure(s), and structures connected with a continuous roof.

C.    Waste Management Plan.

1.    The property owner of an HOHD or MHOHD with four dwelling units or more shall obtain approval of a waste management plan from the City’s Public Works Director, or designee, prior to the approval of the site plan.

2.    Prior to the issuance of any building permit, the property owner shall incorporate into the construction documents the improvements required to comply with the approved waste management plan.

3.    If a Certificate of Occupancy is not required, the property owner shall provide all necessary apparatus, equipment, and improvements within 182 days from the date of the approval of the CUP, or another date specified in the conditions of approval for the CUP.

a.    The Director may approve a one-time 91-day extension, for no more than 273 days from the date of the CUP approval, to allow the property owner to complete the improvements. The property owner shall request an extension at least 14 days prior to the date indicated in subsection C.3. of this section.

4.    The HOHD or MHOHD shall be maintained in compliance with the approved Waste Management Plan.

D.    Crime Free Multi-Housing Program.

1.    The property owner of an HOHD or MHOHD shall maintain compliance with the Flagstaff Police Department’s Crime Free Multi-Housing Program, unless exempted by the Police Department’s Crime Free Multi-Housing Program representative.

2.    Prior to the issuance of the Conditional Certificate of Occupancy, or Certificate of Occupancy, whichever is first, or within 63 days of the approval of the Conditional Use Permit if a Certificate of Occupancy is not required, the property owner of a HOHD or MHOHD shall enter into an agreement with the City to comply with the Flagstaff Police Department’s Crime Free Multi-Housing Program.

3.    The property owner, or agent, shall:

a.    Utilize a Crime Free Lease Addendum, or an alternative approved by the Flagstaff Police Department’s representative, as part of each tenant lease;

b.    Obtain written verification as part of a tenant lease that each tenant has received and agreed to the Crime Free Lease Addendum or the approved alternative; and

c.    Have completed the Flagstaff Police Department’s Crime Free Multi-Housing Program required training within the Program’s required time frames.

4.    Within 182 days from the date of the agreement, the property owner, or managing agent, shall have completed the first phase requirements of the Flagstaff Police Department’s Crime Free Multi-Housing Program.

5.    A new Flagstaff Police Department’s Crime Free Multi-Housing Program first phase training and related requirements shall be completed within 182 days from the date of a change of ownership, management company, or a site manager of an existing HOHD or MHOHD.

6.    Every two years from the date of the agreement, the property owner, or managing agent, shall complete the required training that complies with the Flagstaff Police Department’s Crime Free Multi-Housing Program.

E.    Additional Conditional Use Permit Criteria. In addition to the criteria of Section 10-20.40.050.E., the Planning and Zoning Commission shall not approve a Conditional Use Permit unless:

1.    For the properties subject to Division 10-30.30, Heritage Preservation, the City’s Historic Preservation Officer or the Heritage Preservation Commission has made a determination that the proposed HOHD or MHOHD has no adverse effect or has appropriately mitigated its effects on the historic cultural resource.

2.    Adequate transit service is available to the Development Site containing four dwelling units or more. Adequate transit service from a Development Site to a permanent transit stop is:

a.    Less than or equal to 1,320 feet; or

b.    A distance greater than 1,320 feet when the Planning and Zoning Commission finds that the route to the permanent transit stop has adequate nighttime lighting and does not have a significant grade change, and the distance does not impede reasonable access to transit.

The distance between the permanent transit stop to the Development Site shall be measured following a continuously improved sidewalk and/or public paved trail.

(Ord. 2020-28, Added, 11/17/2020 (Res. 2020-59))

10-40.60.180 Home Occupations

A.    The use of a dwelling for a home occupation shall be compatible with the residential character of the dwelling and the neighborhood.

B.    The home occupation shall be conducted only inside the dwelling or inside an accessory building or garage.

C.    The business shall only be conducted by a resident or residents of the dwelling with no more than one outside employee coming to the residence.

D.    No more than 20 percent of the total floor area of the dwelling shall be used for the home occupation.

E.    No stock, goods, and/or materials shall be displayed or sold at the location of the home occupation, except as permitted in subsection (F) of this section; provided, that this provision shall not be interpreted to prevent pick up of orders made either through the telephone or at sales meetings outside of the dwelling in which the home occupation is located.

F.    The sale of fresh produce and cottage foods (i.e., baked, pickled, canned or similarly produced foods grown in a vegetable garden at the location of the home occupation) is permitted subject to compliance with all State and local regulations.

G.    No outdoor display or storage of materials, goods, supplies, or equipment shall be permitted in connection with a home occupation.

H.    Signs shall be used in compliance with Division 10-50.100, Sign Standards.

I.    No more than two home occupations shall be carried on in a single residence; provided, that together they do not exceed the 20 percent area limitation in subsection (D) of this section, or violate any other conditions specified in this section.

J.    The home occupation shall not be conducted in such a manner or advertised in such a way as to generate more pedestrian or vehicular traffic than typical for the zone within which it is located based on the standards in the current edition of the Trip Generation Manual published by the Institute of Transportation Engineers.

K.    A home occupation shall not utilize flammable liquids or hazardous materials in quantities not customary to a residential use, in compliance with the adopted City Fire Code and Building Code.

L.    The home occupation shall not create any radio, television, computer, or power line interference, or noise audible beyond the boundaries of the site.

M.    No more than one motor vehicle, or vehicle-trailer combination, not exceeding a gross vehicle weight rating (GVWR) of 14,000 pounds shall be stored at a residence and/or used in connection with a home occupation.

N.    A home occupation requires the issuance of a Home Occupation Permit in compliance with Section 10-20.40.070, Home Occupation Permit, prior to commencement of the home occupation.

O.    Any change in use of a home occupation, or if the applicant/permit holder of a home occupation no longer resides in the home where the home occupation permit was originally issued, will result in the automatic termination of the home occupation. A new owner of a home occupation or a change in use of a previously approved home occupation will require the issuance of a new home occupation permit and a new privilege license from the City prior to commencement of the home occupation.

P.    No home occupation permit is needed for a business located within a residence in any commercial zone.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.190 Homeless Shelter

Homeless shelters, which include emergency shelters, short term housing, and transitional housing, shall meet the following development and performance standards:

A.    Require Good Neighbor Meetings and a Good Neighbor Agreement (Management Plan). Before commencing the use of a property as a homeless shelter, the owner or operator of the shelter shall hold a good neighbor meeting with residents and property owners within 300 feet of the property. The intent of the meeting is to ensure that residents and owners of neighboring properties are informed of the effects upon neighboring properties of homeless shelters, and shelter owners and operators are educated about ways to mitigate, reduce, or eliminate potential impacts upon neighboring properties. Owners and operators shall implement a good neighbor agreement (management plan) when establishing a shelter. The management plan must be solidified as an agreement with neighboring properties and the shelter in order to detail agreed upon ways to mitigate, reduce or eliminate potential impacts upon neighboring properties.

B.    A management plan for a homeless shelter may be waived only when the City Manager waives the requirements that the applicant organizes, hosts, and participates in a Good Neighbor meeting upon finding that the needs of the facility’s clients for anonymity and a safe and secure environment would be compromised by such a meeting.

C.    On-site management and on-site security shall be provided during hours when the homeless shelter is in operation.

D.    Adequate external lighting shall be provided for security purposes, and shall be installed in compliance with Division 10-50.70, Outdoor Lighting Standards.

E.    The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:

1.    Central cooking and dining room(s).

2.    Recreation room.

3.    Counseling center.

4.    Day care facilities for children.

5.    Other support services.

F.    Parking shall be in compliance with Division 10-50.80, Parking Standards, and outdoor facilities shall be designed to provide security for residents, visitors, employees and the surrounding area.

G.    The agency or organization operating the shelter shall comply with the following requirements:

1.    Staff and services shall be provided to assist residents in obtaining permanent shelter and income.

2.    The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and training, counseling, and treatment programs for residents.

H.    The facility shall maintain good standing with City and/or State licenses for the owner(s), operator(s), and/or staff on the proposed facility.

I.    In residential zones, the maximum number of residents of the facility shall not exceed six persons for each 1,600 square feet of lot area on the site; with the exception of those homeless shelters developed in an individual dwelling unit format, in which case the underlying zone’s maximum unit density standard shall apply.

10-40.60.195 Kennel, Animal Boarding

A.    An Animal Boarding Kennel in the Highway Commercial (HC) zone shall comply with the following:

1.    Maximum Gross Floor Area: 10,000 square feet;

2.    Prior to the issuance of a building permit, or occupancy of the building area if a building permit is not required, an Arizona Registrant shall certify that the perimeter walls and ceiling/roof of the Animal Boarding Kennel area will be, or have been (if a building permit is not required), constructed to comply with a sound transmission class of not less than 50, or an Arizona Registrant shall certify that the perimeter walls and ceiling/room of the Animal Boarding Kennel area were field tested and comply with a sound transmission class of not less than 45, in accordance with the American Standard Test Method publication ASTM E90 Standard Test Method for Laboratory Measurements of Airborne Sound Transmission Loss of Building Partitions and Elements, as amended; and

3.    No outdoor activities shall be allowed.

(Ord. 2020-11, Added, 5/5/2020 (Res. 2020-17))

10-40.60.200 Live/Work

A.    Purpose. This section provides standards for the development of live/work units and for the reuse of existing residential, commercial, and industrial structures to accommodate live/work opportunities.

1.    Live/Work – Residential Zones. A live/work unit in residential zones shall function predominantly as living space with limited work facilities. The standards of this section do not apply to mixed-use developments, which are instead subject to Section 10-40.60.260, Mixed Use.

2.    Live/Work – Commercial and Industrial Zones. A live/work unit shall function predominantly as work space with limited living facilities. The standards of this section do not apply to mixed-use developments, which are instead subject to Section 10-40.60.260, Mixed Use.

B.    Limitations on Use. The nonresidential component of a live/work development shall only be a use allowed within the applicable zone. A live/work unit shall not be established or used in conjunction with any of the following activities:

1.    Adult-oriented businesses;

2.    Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles, vehicle detailing and painting, upholstery);

3.    Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

4.    Welding, machining, or any open flame work;

5.    Medical marijuana dispensary; and

6.    Any other activity or use as determined by the Director not to be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents because of the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products or wastes.

C.    Residential Density. Live/work units shall not exceed the density in the underlying zone, except for planned residential development (Section 10-40.60.280).

D.    Occupancy Requirement. The residential space within a live/work unit shall be occupied by at least one individual employed in the business conducted within the live/work unit.

E.    Design Standards.

1.    Floor Area Requirements.

a.    Floor Area Requirements – Residential Zones. The floor area of the living space shall be at least 50 percent of the total floor area. All floor area other than that reserved for work space shall be reserved and regularly used for living space.

b.    Floor Area Requirements – Commercial and Industrial Zones. The floor area of the working space shall be at least 50 percent of the total floor area. All floor area other than that reserved for living space shall be reserved and regularly used for work space.

2.    Separation and Access. Access to each live/work unit shall be provided from a public street or common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the structure.

3.    Facilities for Commercial or Industrial Activities, Location. A live/work unit shall be designed to accommodate commercial or light industrial uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or light industrial facilities used for the same work activity.

a.    Location – Residential Zones. Nonresidential space may be incorporated into the ground floor or upper floors of a live/work unit in compliance with subsection (E)(1)(a) of this section.

b.    Location – Commercial and Industrial Zones. Nonresidential space shall be incorporated into the ground floor of a live/work unit; the upper floors shall only be used for residential space.

4.    Integration of Living and Working Space. Areas within a live/work unit that are designated as living space shall be an integral part of the live/work unit. The living space of a live/work unit should be accessed by means of an interior connection from the work space, but may have exterior access if designed in compliance with the Building Code.

5.    Mixed Occupancy Structures. If a structure contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the Building Official.

6.    Signage. All signage for live/work units shall be in compliance with Division 10-50.100, Sign Standards.

7.    Parking. Parking shall be in compliance with Section 10-50.80.040, Number of Motor Vehicle Parking Spaces Required. The review authority may modify parking requirements for the use of existing structures with limited parking.

8.    Landscaping. All landscaping for live/work units shall be in compliance with Division 10-50.60, Landscaping Standards.

F.    Operating Requirements.

1.    Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.

2.    On-Premises Sales. On-premises sales of goods are limited to those produced within the live/work unit; provided, the retail sales activity shall be incidental to the primary production work within the unit. These provisions shall allow occasional open studio programs and gallery shows.

3.    Non-Resident Employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless this employment is prohibited, expanded, or limited by a conditional use permit. The employment of three or more persons who do not reside in the live/work unit may be allowed, subject to conditional use permit approval, based on an additional finding that the employment will not adversely affect parking and traffic conditions in the immediate vicinity of the unit.

4.    Client and Customer Visits. Client and customer visits to live/work shall be compatible with adjacent commercial or industrial uses, or adjacent residentially zoned areas.

G.    Changes in Use. No live/work unit shall be changed to exclusively a residential or commercial use in any building or structure unless the residential or commercial use is permitted in the zone in which the building or structure is located.

H.    Required Findings. Where a conditional use permit is required for a live/work unit, approval shall require that the review authority first make all of the following findings, in addition to meeting the requirements for conditional use permit approval in Section 10-20.40.050, Conditional Use Permits:

1.    The establishment of live/work units will not conflict with nor inhibit residential, commercial, or industrial uses in the area where the development is proposed;

2.    The structure containing live/work units and each live/work unit within the structure has been designed to ensure that the units will function predominantly as residential with incidental work spaces; and

3.    Any changes proposed to the exterior appearance of the structure will be compatible with adjacent residential, commercial, or industrial uses.

10-40.60.210 Manufactured Homes

A.    Parking or Placement of a Manufactured Home. A manufactured home for residential purposes may be placed only in a manufactured home park or subdivision in any zone where such park or subdivision is permitted, except as provided by this section.

B.    Temporary Manufactured Homes and Trailers. Temporary manufactured homes and trailers may be used under the following circumstances, and shall be limited as follows to other than residential uses:

1.    As a construction office use while a new building is under construction on the same lot. If such manufactured home is used as a real estate sales office, a temporary use permit is required. See Section 10-20.40.150, Temporary Use Permits, for temporary uses.

2.    With a temporary use permit, to operate a business by the owner or lessee during the time of construction of a new building on the same commercial or industrial site. See Section 10-20.40.150, Temporary Use Permits.

3.    For subsections (B)(1) and (B)(2) of this section, such manufactured homes or trailers shall be removed from the site prior to the issuance of a certificate of occupancy for the new building on the same lot.

C.    Manufactured Home Subdivisions. Additional standards for manufactured home subdivisions are included in Chapter 11-20, Subdivision and Land Split Regulations.

D.    Manufactured Home Park.

1.    The minimum area of the manufactured home park shall be five acres.

2.    The density of manufactured home park developments shall be regulated by separation requirements and recreational requirements as set forth in these standards.

3.    Maps showing location of all parking spaces, buildable areas, accessory buildings, and common buildings, and for all common open areas, shall be included with an application for approval of a manufactured home park.

4.    The area in which buildings, structures, manufactured homes, single-family homes, and accessory buildings are located shall be shown on a map for each site. This area is called the buildable area. The maximum length and width of any manufactured home shall be shown on the map within each buildable area.

5.    No manufactured home, structure, single-family dwelling, or accessory building may be located outside of the buildable areas indicated on the map.

6.    No buildable area may be located any closer than 16 feet from another buildable area.

7.    No buildable area may be closer than eight feet from property boundaries.

8.    There shall be a minimum distance of eight feet between the front of the buildable area and any private street. There shall be a minimum distance of 12 feet between the side of a buildable area and a private street. A minimum distance of 25 feet shall exist between any buildable area and a public street with no access from a buildable area onto a public street.

9.    Recreation Area.

a.    Not less than 10 percent of the gross site area shall be devoted to recreational facilities and common area.

b.    Recreation areas shall generally be provided in a central location in the manufactured home park. Recreational areas can be decentralized if at least one area of at least two-thirds acre can be provided.

c.    No recreation area shall be smaller than 5,000 square feet.

d.    Recreation areas may include space for community buildings and community use facilities, such as indoor recreation areas, swimming pools, hobby and repair shops, and service buildings. When such community buildings and community use facilities are provided, for each square foot of recreational building area, the open space requirements shall be reduced by three square feet.

e.    All recreation areas shall be maintained in a dust free condition.

10.    Streets.

a.    All private streets shall be improved in accordance with the Engineering Standards.

b.    All manufactured home parks shall be provided with safe, convenient paved vehicular access from abutting streets to each mobile home lot.

c.    Entrances to a manufactured home park shall have two separated direct connections to public streets and shall be designed to allow free movement of traffic on such adjacent streets.

d.    Access to a manufactured home park shall not be through a residential area to reach a collector route.

11.    All outdoor lighting shall comply with the provisions of Division 10-50.70, Outdoor Lighting Standards.

12.    Standards for Manufactured Home Spaces.

a.    The limits of each manufactured home space shall be clearly marked on the ground following the dimensions and layout of the site plan for the manufactured home park.

b.    Each manufactured home space shall be improved to provide adequate support for the placement and tie down of the manufactured home.

c.    Each manufactured home space shall be provided with an outdoor living and service area. Such area shall be improved as necessary to assure reasonable privacy and comfort. The minimum area shall not be less than 300 square feet with at least a dimension of 15 feet. This area shall not be a part of the buildable area.

13.    Solid Waste Disposal System. Solid waste collection stands shall be provided for all waste containers. Such stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning of the area. Solid waste collection stands shall be screened in accordance with the standards provided in Division 10-50.50, Fences and Screening.

14.    Storage Area. Storage areas shall be provided for the storage of boats, travel trailers, utility trailers, and extra vehicles at the ratio of 300 square feet for each four manufactured home spaces. Storage areas shall be enclosed with a chain link or comparable fence six feet in height.

15.    Travel Trailer Parking Spaces. A manufactured home park located on a major highway or a City arterial street may be designed such that a maximum of 20 percent of the manufactured home park accommodates travel trailers or similar recreational vehicles in accordance with the standards established in Section 10-40.60.130, Commercial Campground.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.220 Marijuana Establishments

A.    Applicability. Prior to the submittal of a Building Permit or Business license application, or prior to the occupancy of a structure, for a Marijuana Establishment, the applicant shall complete a Concept Plan in accordance with Section 10-20.30.050, Concept Plan Review.

B.    The Concept Plan application shall include the following:

1.    A notarized authorization executed by the property owner acknowledging and consenting to the use of the property as a Marijuana Establishment;

2.    The name of the Marijuana Establishment and the name of the owner(s) of the Marijuana Establishment;

3.    The name, address, birth date, and valid registry identification card number of each nonprofit medical Marijuana Dispensary agent or registered Marijuana facility agent;

4.    A security plan describing details of alarm systems and exterior lighting in compliance with Division 10-50.70, Outdoor Lighting Standards, and including a floor plan showing the location, dimensions, and type of security measures demonstrating that the Marijuana Establishment will be secured, enclosed, and locked as required by law;

5.    A scaled survey sealed by a land surveyor registered in the State of Arizona depicting the property lines of the lot or parcel that is proposed to contain the Marijuana Establishment and the separations from the nearest lot or parcel that contain any of the existing uses listed in subsection F of this section; and

6.    An affidavit signed and notarized by the applicant attesting that the lot or parcel proposed to contain the Marijuana Establishment meets the separation requirements from the nearest lot or parcel containing any of the existing uses listed in subsection F of this section.

C.    A Marijuana Dispensary shall have operating hours not earlier than 8:00 a.m. and not later than 7:00 p.m.

D.    A Marijuana Establishment shall:

1.    Not be located in a temporary building or structure (e.g., shipping container, storage structure, tent, trailer, vehicle, etc., as determined by the Zoning Administrator);

2.    Not emit dust, fumes, vapors, smoke, or odors into the environment;

3.    Prohibit consumption of Marijuana on the premises, including the parking area associated with the Marijuana Establishment;

4.    Display a current City of Flagstaff business license;

5.    Include a secure storage area that can be enclosed and locked as required by law;

6.    Have a single secure entrance or, if a dual licensee, demonstrate appropriate security measures to deter and prevent the theft of Marijuana and to reasonably regulate customer access to the premises, including equipping all entrances and exits with an alarm system;

7.    Provide additional exits in accordance with the Building Code or Fire Code; and

8.    Dispose of Marijuana remnants and by-products in accordance with State and local regulations.

E.    A Marijuana Dispensary shall not have a drive-through service or an outdoor seating area for dispensary customers. An outdoor seating area for employees shall be designed in a manner that prohibits access and use by dispensary customers.

F.    A Marijuana Establishment shall meet the following minimum separations, measured in a straight line from the boundary of the lot or parcel containing the use to the property boundary of the lot or parcel containing any of the existing uses listed below:

1.    Two thousand feet from another Marijuana Establishment;

2.    Five hundred feet from a residential substance abuse treatment facility or other residential drug or alcohol rehabilitation facility licensed by the State of Arizona;

3.    Five hundred feet from a community college, university, or from any public, private, parochial, charter, dramatic, dancing, music learning center, or other similar school or educational facility that caters to children;

4.    Five hundred feet from a daycare home or daycare center;

5.    Five hundred feet from a public library or public park; and

6.    Five hundred feet from a facility devoted to family recreation or entertainment.

(Ord. 2021-13, Amended, 6/15/2021 (Res. 2021-26); Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.230 Meeting Facilities, Public and Private

A.    General Requirements.

1.    All buildings shall be located not less than 20 feet from side and rear lot lines.

2.    Parking requirements for meeting facilities shall be in compliance with Division 10-50.80, Parking Standards.

B.    Neighborhood Meeting Facilities.

1.    Neighborhood meeting facilities include such uses as small community centers, social halls, union halls, and clubs that directly service the surrounding residential neighborhood.

2.    Neighborhood meeting facilities are limited to less than 250 seats. Such facilities with 250 seats or more shall require a conditional use permit in compliance with Section 10-20.40.050, Conditional Use Permits.

3.    A conditional use permit in compliance with Section 10-20.40.050, Conditional Use Permits, is also required to serve alcohol in a meeting facility in a residential or commercial zone.

4.    Neighborhood meeting facilities in residential zones shall be built to fit in with the surrounding residential and neighborhood environment.

5.    Neighborhood meeting facilities shall have access to a collector or thoroughfare street, or be able to provide access without causing heavy traffic on a local residential street.

6.    No facilities shall be allowed to indicate any external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building.

C.    Regional Meeting Facilities.

1.    Regional meeting facilities serve the entire City and, potentially, the surrounding region.

2.    A conditional use permit shall be required in compliance with Section 10-20.40.050, Conditional Use Permits, for regional meeting facilities with a seating capacity of 250 or more seats.

3.    Regional meeting facilities with 250 seats or more shall have primary access to a collector or minor arterial street, at a minimum. Meeting facilities in existence prior to the effective date of this Zoning Code are exempt from this requirement.

4.    Regional meeting facilities with more 1,000 seats shall be located on a major arterial.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.240 Micro-Brewery or Micro-Distillery

Micro-breweries and micro-distilleries shall meet the following development and performance standards:

A.    Micro-breweries and micro-distilleries shall comply with all applicable State and local regulations.

B.    A taproom is permitted within the micro-brewery or micro-distillery where customers for a fee may sample and consume the product without food

service. The taproom shall be no more than 15 percent of the gross floor area of the structures on the premises.

C.    An eating and drinking establishment is permitted as an accessory use to the micro-brewery or micro-distillery; provided, that eating and drinking establishment shall be limited to 25 percent of the gross floor area of the structures on the premises.

D.    Parking shall be provided in compliance with Division 10-50.80, Parking Standards.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.250 Mini–Storage Warehousing

A.    No business shall be operated out of a storage unit or outdoor storage area.

B.    All storage shall be within an enclosed building, except for accessory outdoor storage: (1) is limited to operable vehicles with a valid governmental registration; and (2) shall not exceed 10 percent of the gross site area; and, shall comply with Section 10-40.60.275, Outdoor Storage.

C.    Maximum area of an individual storage unit: 1,000 square feet.

D.    The storage of refuse, compost, explosives, flammable materials, and other noxious or dangerous materials, as determined by the City Fire Marshal, is prohibited.

E.    Minimum vehicle drive aisle width: 21 feet.

F.    Minimum fire lane width: Comply with the Fire Code.

(Ord. 2019-32, Amended, 11/5/2019 (Res. 2019-49))

10-40.60.260 Mixed Use

A.    Purpose. The Regional Plan promotes the concept of a more compact development pattern for the City by mapping and describing activity centers in urban, suburban, and rural area types, and encouraging mixed-use development. Mixed use is intended to encourage reinvestment of under-utilized parcels and infill development of vacant parcels with a compatible and balanced mix of residential, commercial, and institutional uses within close proximity to each other, rather than the separation of uses. Mixed use is also encouraged in new developments in Greenfield locations. Mixed-use developments foster pedestrian-oriented residential and commercial development by providing more housing options, reducing traffic congestion, providing a stronger economy in commercial areas, and encouraging pedestrian trips. Mixed use also has the potential to provide increased opportunities for affordable housing. In order to accomplish these goals, higher intensities of land use are permitted for mixed-use structures than for the individual uses permitted in a zone.

B.    Mix of Uses.

1.    A mixed-use development combines residential and nonresidential uses, or different types of nonresidential uses, on the same site with the residential units either located above the nonresidential uses (vertical mixed use) or allowed at ground level behind street-fronting nonresidential uses (horizontal mixed use) under the limited circumstances specified by this section. Examples of vertical and horizontal mixed use are illustrated in Figure 10-40.60.260.A.

Figure 10-40.60.260.A.

Vertical and Horizontal Mixed-Use Development

2.    A use on the ground floor must be different from a use on an upper floor. The second floor may be designed to have the same use as the ground floor provided there is at least one more floor above the second floor that has a different use from the first two floors. At least one of the floors shall contain residential units. See Figure 10-40.60.260.B.

Figure 10-40.60.260B

Examples of Use Mixes within a Building

3.    Mixed-use development shall incorporate a minimum of two uses.

4.    The minimum depths of pedestrian-oriented commercial space in mixed-use developments within activity centers determined in the General Plan are provided in Table 10-40.60.260.A.

Table 10-40.60.260.A: Standards for Pedestrian-Oriented Commercial Space

Activity Center

Min. Depth of Pedestrian-Oriented Commercial Space

Urban Activity Center

20' min.

All Other Locations

60' min.

5.    If any one of the uses of the mixed-use development requires the approval of a conditional use permit, then the development in its entirety shall be subject to the conditional use permit (see Section 10-20.40.050, Conditional Use Permits).

6.    Only uses allowed in the underlying zone shall be permitted in the mixed-use development.

C.    Design Considerations. A mixed-use development shall be designed to achieve the following objectives:

1.    The design shall provide for internal compatibility between the residential and nonresidential uses on the site.

2.    Potential glare, noise, odors, traffic and other potential nuisance conditions for residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.

3.    The design shall take into consideration existing and potential future uses on adjacent properties and shall include specific design features to minimize potential impacts.

4.    The design shall ensure that the residential units are of a residential character, and that appropriate privacy between residential units and other uses on the site is provided.

5.    Site planning and building design shall provide for convenient pedestrian access from streets, courtyards, plazas, and walkways.

6.    Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of building design, color, exterior materials, landscaping, lighting, roof styles, scale, and signage.

D.    Site Layout and Development Design Standards.

1.    Each proposed mixed-use development shall comply with the property development standards of the applicable zone, and the requirements of Table 10-40.60.260.B, Site Layout and Development Design Standards.

Table 10-40.60.260.B.: Site Layout and Development Design Standards 

Pedestrian-oriented Commercial Space

(1) Pedestrian-oriented commercial space includes a lobby serving other uses in the building or uses not open to the general public (e.g., a private gymnasium).

(2) Ground floor commercial space shall have a customer entrance opening directly onto the sidewalk.

(3) Depth of the ground floor commercial space must be no less than the standard established in Table 10-40.60.260.A.

(4) Floor-to-ceiling height of the ground floor commercial space of min. 14 feet.

(5) Private frontage must be in compliance with Division 10-50.120 (Specific to Private Frontages) as determined by the Director.

Location of Residential Units1

Residential units shall not occupy the ground floor street frontage space adjacent to a primary street.

Parking

To encourage the development of residential uses in existing and new commercial areas, the use of shared parking provisions shall be incorporated into mixed-use developments in compliance with Section 10-50.80.060, Parking Adjustments.

Loading Areas

Commercial loading areas shall be located away from residential units and screened from view from the residential portion of the development to the maximum extent feasible, in compliance with Table 10-50.60.040.B, Buffer and Screening Requirement.

Refuse and Recycling Areas

Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.

Open Space

A mixed-use development shall be designed to provide residential uses with common or private open space, which may be in the form of roof gardens, individual balconies, or other means as approved by the Director.

End Notes

1. The Director may waive or modify the requirement for pedestrian-oriented commercial space on the ground floor of a mixed-use building. See Section 10-20.40.090, Minor Modifications to Development Standards.

E.    Performance Standards. Each proposed mixed-use development shall comply with the performance standards of Table 10-40.60.260.C., Performance Standards.

Table 10-40.60.260.C.: Performance Standards 

Lighting

Lighting for commercial uses shall be appropriately shielded to limit impacts on the residential units.

Noise

Each residential unit shall be designed and constructed to minimize nonresidential development noise levels.

Hours of Operation

A mixed-use development proposing a commercial component shall operate between the hours from 6:00 a.m. to 10:00 p.m. to ensure that the commercial uses will not negatively impact the residential uses within the development, or any adjacent residential uses.

(Ord. 2020-28, Amended, 11/17/2020 (Res. 2020-59); Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.270 Outdoor Commercial Recreation Structures

Outdoor structures such as bleachers, movie screens, permanent rides, and outdoor seating areas shall be a minimum of 100 feet from any property line.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.275 Outdoor Storage

A.    Screening Requirement for a Primary or Accessory Outdoor Storage Use.

1.    Heavy Industrial (HI) and Heavy Industrial – Open Sub-Zone (HI-O) Zones. All outdoor storage shall be completely enclosed within an area contained by a solid wall or fence, or chain link fence with slats that has a minimum height of six feet. A screen wall or fence within the required building area may be constructed to the maximum height allowed by the property’s zone.

2.    All Other Zones.

a.    All outdoor storage shall be completely enclosed within an area contained by a solid wall or fence that is at least one foot taller than the tallest object being screened.

b.    The maximum height of a wall or fence within the required setbacks shall comply with Table 10-50.50.030.A.

c.    A screen wall or fence within the required building area may be constructed to the maximum height allowed by the property’s zone.

B.    Ground Surface Treatment. The ground of an outdoor storage area, including areas used for vehicle circulation, shall be maintained weed-free and have a dust-free surface (e.g., gravel, decomposed granite, etc.) approved by the Director. Based upon the intensity or frequency of vehicle traffic that is anticipated within the storage area, or the proximity to an adjacent residential use, the Director may require an outdoor storage area or vehicle travel lanes to have a pavement surface.

C.    Nonconforming Outdoor Storage. Screening and ground surfaces for all outdoor storage areas shall be provided in compliance with the requirements of this section when the cumulative expansion of a nonconforming outdoor storage area, or a building with a nonconforming outdoor storage area, is enlarged by 25 percent or more.

(Ord. 2019-32, Added, 11/5/2019 (Res. 2019-48))

10-40.60.280 Planned Residential Development

A.    Applicability.

1.    This section provides a mechanism to allow the building types listed in Table 10-40.60.280.A. (see Division 10-50.110, Specific to Building Types, for additional standards) in the non-transect zones and for achieving gross densities on undeveloped lands where substantial natural resources are present on the site. (See Division 10-50.90, Resource Protection Standards.)

2.    Affordable housing developments (refer to Division 10-30.20) may utilize planned residential development standards in any zone where residential uses are allowed.

3.    Site plan review and approval (refer to Section 10-20.40.140) is required for all building types that include three or more units, including the bungalow court, townhouse, apartment house, courtyard apartment and commercial block building types.

B.    Building Types for Planned Residential Development.

1.    Planned residential developments may integrate different building types as identified in Table 10-40.60.280.A., Planned Residential Development Building Type Options. Planned residential developments shall be planned with an integrated site plan as one comprehensive development or as a traditional neighborhood community plan in compliance with Division 10-30.80, Traditional Neighborhood Community Plans.

2.    Building Types Not Specifically Listed.

a.    The Director may approve the integration of building types not specifically listed in Table 10-40.60.280.A.; provided, that the building type:

(1)    Meets the intent of the zone;

(2)    Is compatible with the form, scale and character of other on-site buildings; and

(3)    Is compatible with the context of existing and proposed development in the vicinity of the site.

b.    An example of a building type that is appropriate in a non-transect zone such as the MR or HR zone or any of the commercial zones is an apartment building more typically associated with suburban environments described in Section 10-00.040.C., Drivable Suburban.

3.    Determination of Building Types.

a.    The building types that may be utilized in the non-transect zones as a planned residential development are identified in Table 10-40.60.280.A., and described in Division 10-50.110, Specific to Building Types.

b.    Each section of Division 10-50.110 establishes unique standards for each building type, including lot size, number of units, pedestrian and vehicle access, allowed frontages, etc.

c.    Building placement and form standards (i.e., building height, setbacks, etc.) for the building types selected for development as a planned residential development are determined by the transect zone in which the building type is permitted from Table 10-50.110.030.A., Building Types General. When a building type is allowed in more than one transect zone, the Director shall determine which transect zone’s building placement and form standards should apply based on the form, character and scale of existing and proposed development, and the compatibility of the proposed building type within the context of existing and proposed development in the vicinity of the site.

C.    Open Space Requirement. Planned residential developments must designate a minimum of 15 percent of the gross site area as common open space. Such open space can be included within any areas of the site with natural resources such as floodplains, slopes or forests that may be required to be protected as stipulated in Division 10-50.90, Resource Protection Standards.

Table 10-40.60.280.A.: Planned Residential Development Building Type Options

Building Type

Residential Zones

See Section 10-40.30.030.C. for Building Form Standards

Commercial Zones

See Section 10-40.30.040.C. for Building Form Standards

RR

ER

RI

R1N

MR

HR

SC

CC

HC

CS

CB

Carriage House

--

Single-family

Estate

--

--

--

--

--

--

--

--

House

--

--

--

--

Cottage

--

--

--

--

Bungalow Court

--

--

--

--

Duplex

Side-by-Side

--

--

--

Stacked

--

--

--

Front-and-Back

--

--

--

Stacked Triplex

--

--

--

--

--

--

--

Townhouse

--

--

--

Apartment House

--

--

--

--

--

Courtyard Apartment

--

--

--

--

--

Apartment Building

--

--

--

--

--

--

--

--

Live/Work

--

--

--

--

Commercial Block

--

--

--

--

--

--

--

(Ord. 2019-32, Amended, 11/5/2019 (Res. 2019-49); Ord. 2019-22, Amended, 7/2/2019 (Res. 2019-31); Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-40.60.290 Quarrying Operations

A.    Plans Required.

1.    A plan of the area within a one-mile radius of site shall be prepared at a scale of 1,000 feet to the inch or less, with a 10-foot contour interval or less. There shall also be a plan of the proposed site at a scale of 100 feet to the inch or less, with a two-foot contour interval or less, showing all that is listed in Table 10-40.60.290.A., Plan of Area Requirements.

Table 10-40.60.290.A.: Plan of Area Requirements 

Basic Data

Proposed Usage

Soils and geology

Final grading by contours

Groundwater data and water courses

Interior road pattern, its relocation to operation yard, and points of ingress and egress to State, county or City roads.

Vegetation, with dominant species

Estimated amount and description of aggregate/overburden removed

Wind data, with directions and percentage of time

Ultimate use and ownership of site after completion of operation

2.    A plan of operation shall be prepared showing all that is listed in Table 10-40.60.290.B., Plan of Operation:

Table 10-40.60.290.B.: Plan of Operation 

Basic Data

Disposal Facilities

Proposed tree and berm screen locations

Average and maximum amount of cubic yards or thousands of gallons of waste to be accepted per day.

Soil embankments for noise, dust, and visual barriers, and heights of spoil mounds

Detailed description of the operation process and schedule

Method of disposition of excess water during operation

Method of protecting wastes from exposure to wind, rain, or biological influences

Location and typical schedule of blasting

Types of liners or other barriers to prevent movement through soils

Machinery; type and noise levels.

Types of leachates generated and method of managing these materials

Safety measures and monitoring of complaints.

Type and origination of the waste materials

Disposal Facilities. Information must be provided about the following:

Average number and maximum number of vehicles entering site and routes taken to get there and ability of roads and bridges to support such loadings and traffic impact on adjacent areas

 

Table 10-40.60.290.B.: Plan of Operation 

Basic Data

Disposal Facilities

 

Off-site and on-site management techniques used to protect against odor, dust, litter, and animal and insect vectors

Data on developments that have been submitted to the City for either building permits, zoning reviews, subdivisions, or land developments

3.    End Use Plan and Restoration Requirements.

a.    In order to ensure that the area of extraction or disposal operation shall be restored to a condition of practical usefulness and reasonable physical attractiveness, the owner or operator shall, prior to the issuance of a conditional use permit, submit to the Planning Commission an end use or open space use plan for such restoration in the form of the following:

(1)    An agreement with the City whereby the applicant contracts to restore the premises to a condition and within a time satisfactory to the City.

(2)    A physical restoration plan showing the existing and proposed contours at two feet and at National Geodetic Vertical Datum after restoration, plantings, and other special features of restoration, and the method by which such restoration is to be accomplished.

(3)    A bond, written by a licensed surety company, a certified check, letter of credit, or other financial guarantee satisfactory to the City in an amount sufficient in the opinion of the Director to secure the performance of the restoration agreement.

(4)    Such agreement and financial guarantee shall be in a form approved by the City Attorney.

(a)    If the applicant fails to fulfill the agreement, such bond, check, or other financial guarantee shall be deemed forfeited for the purpose of enabling the City to perform the restoration.

(b)    Restoration shall proceed as soon as practicable and at the order and direction of the Director. However, the owner or operator may, at his option, submit a plan for progressive restoration as the operation is being carried on. The required bond in such case may cover progressive stages of the restoration for periods of not less than two years.

(c)    At any stage during the restoration, the plan may be modified by mutual agreement between the City and the owner or operator.

(d)    Where there is any backfilling, the material used or method of fill shall not be such as to create a health or environmental hazard or which would be objectionable because of odor, combustibility, or unsightliness. In any case, the finished condition of the restored area, except for rock faces, outcroppings, water bodies, or areas of proposed building or paving construction, shall be of sufficient depth of earth to support plant growth.

(e)    Within six months after the cessation of the operation, all temporary structures (except fences) and equipment shall be removed; stockpiles, rubble heaps or other debris shall be removed or backfilled into excavation so as to leave the premises in a neat and orderly condition and covered with a minimum of four inches of topsoil with hydro seeding of native grasses.

(f)    In any restoration procedure which takes place in sand or gravel pits or on other sites where the material is of a loose or friable nature, no slope shall be left which is steeper than a ratio of one and one-half horizontal to one vertical. In no case shall any slope exceed the normal angle of slippage or repose of the material involved.

(g)    In addition, all restoration shall be in conformance with the Engineering Standards and Stormwater Regulations.

If there is an end use other than open space, then engineering data on the length of time needed for the restoration work to settle sufficiently to provide a stable base for the proposed end use shall be submitted.

B.    Performance Standards.

1.    Operations. Extractive and/or disposal operations shall meet all development and performance standards of this Zoning Code and all applicable local, State and Federal regulations.

2.    Setbacks. No disposal/area, excavation, quarry wall, or storage area shall be located within 125 feet from any street right-of-way. The setbacks listed in Table 10-40.60.290.C, Quarry Operation Setbacks, are required from the periphery of the subject property to any disposal area, excavation, quarry wall, or storage area on the subject property. Setback distance is dependent upon the use of adjacent property.

 

Table 10-40.60.290.C: Quarry Operation Setbacks 

Use of Abutting Property

Required Setback from Lot Line

Vacant

200'

Open Space

200'

Recreational

200'

Agricultural

150'

Residential

200'

Institutional

200'

Commercial

150'

Industrial

50'

3.    Grading. All disposal areas and excavations shall be graded in such a way as to provide an area which is harmonious with the surrounding terrain and not dangerous to human or animal life.

a.    Excavations shall be graded and backfilled to the grades indicated by the site plan. Grading and backfilling shall be accomplished continually and as soon as practicable after excavation. Grading and backfilling may be accomplished by use of construction rubble such as concrete, asphalt, or other materials, provided such materials are composed of non-noxious, noncombustible solids.

b.    Grading and backfilling shall be accomplished in such a manner that the slope of the fill or its cover shall not exceed the normal angle of slippage of such material, or 33 degrees in angle, whichever is less. During grading and backfilling, the setback requirements in subsection (B)(2) of this section may be reduced by one-half, so that the top of the graded slope shall not be closer than 25 feet to any lot line, 75 feet to any street line, nor within 100 feet of any natural resource protection area or residential zone boundary line.

c.    When excavations which provide for a body of water are part of the final use of the tract, the banks of the excavation shall be sloped to a minimum ratio of seven feet horizontal to one-foot vertical, beginning at least 50 feet from the edge of the water and maintained into the water to a depth of five feet.

d.    Drainage shall be provided, either natural or artificial, so that disturbed areas shall not collect nor permit stagnant water to remain.

4.    Access. Truck access to any disposal or excavation area shall be arranged as to minimize danger to traffic and nuisance to surrounding properties.

5.    Planting. Landscaping shall be done in compliance with Division 10-50.60, Landscaping Standards.

10-40.60.300 Research and Development Uses

A.    All equipment, material storage, and uses located in a research and development facility shall be performed or carried out entirely within an enclosed building that is so designed and constructed that the enclosed operations and uses do not cause or produce a nuisance to other lots or property, such as, but not limited to, vibration, sound, electromechanical disturbances, electromagnetic disturbances, radiation, air or water pollution, dust, or emission of odorous, toxic, or non-toxic matter (including steam), nor create a potential for explosion or other hazard. The Director may approve certain activities that cannot be carried out within a building; provided., that such activity is screened so as not to be visible from neighboring properties and streets.

B.    Any use established or conducted within a research and development facility shall comply with the following standards:

1.    Smoke, gas, and odor emissions shall comply with the most current standards of the Arizona Department of Environmental Quality Air Pollution Control Rules and Regulations;

2.    The disposal of all waste materials shall comply with the Hazardous Waste Regulations of the Arizona Department of Environmental Quality; and

3.    As a prerequisite of site plan approval the property owner shall inform the Arizona Department of Environmental Quality (ADEQ) of all development proposals. Written recommendation from ADEQ shall be transmitted to the Community Development Division with the site plan application.

C.    Explosive or hazardous processes certification shall be provided by the Flagstaff Fire Department Prevention Bureau that all manufacturing storage and waste processes planned for the site shall meet safety standards.

D.    Specific to RD Zone.

1.    General services, restaurants, and lodging as listed in Section 10-40.30.050(B) shall be permitted only in conjunction with the establishment of a business park use as defined in Division 10-80.20, Definition of Specialized Terms, Phrases, and Building Functions. These uses shall be limited to a maximum of 10 percent of the net building site area determined by Section 10-40.30.050(C).

2.    Automobile service stations are permitted as a conditional use, subject to the 10 percent limitation in subsection (D)(1) of this section, the provisions of Section 10-20.40.050, Conditional Use Permits, and the provisions of Section 10-40.60.090, Automobile Service Station and Convenience Store.

10-40.60.305 Seasonal Amusement, Entertainment and Sales, Indoor

A.    Applicability. The following apply to all seasonal amusement, entertainment and sales, indoor, uses in the Light Industrial (LI) Zone.

B.    Access. To avoid conflict between passenger vehicles, large trucks and pedestrians, (public) access to the building area of the use, or any portion thereof, by employees, licensees and invitees of the use shall not be located on the same facade or side of the building that has loading bays, service areas or truck yard facilities.

C.    Parking.

1.    Minimum Number. The minimum of number of parking spaces required is one space per four persons based on maximum person capacity of the tenant area, or the number specified in a parking demand study approved by the Planning Director.

2.    Minimum Customer Parking. A minimum of 60 percent of the required parking, or the number specified in the parking demand study approved by the Planning Director, shall be provided as customer parking.

a.    Customer parking for the use shall be:

i.    Clustered together, and located nearest to the use’s primary public entry/exit;

ii.    Shall not be located on side of the building that has loading bays, service areas or truck yard facilities; and

iii.    Signed and exclusively reserved for use by customers during use’s event hours of operation.

b.    The property owner shall submit and obtain approval from the Planning Director of a pedestrian circulation, signage and traffic control plan. The plan shall identify the pedestrian route from the customer parking to the primary public entry and exit. Also, the plan shall include signage and marking in accordance with the following:

(1)    When a pedestrian route from the customer parking to the primary public entry and exit crosses a primary drive aisle that serves the remainder of the development, the pedestrian route shall include signage and markings to notify the pedestrian of potential vehicle traffic and hazards. In addition, a pedestrian route across a drive aisle, at a minimum, shall be signed and marked in accordance with the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD) for crosswalks. Additional signage and markings shall be provided to visually communicate to vehicle traffic that pedestrians may be present.

D.    Temporary Nature. A seasonal amusement/entertainment and sales, indoor, use event, including public or private event functions, shall be limited to a total of 98 days in any one calendar year, and no more than 98 consecutive days. The said time frames do not include setup, training, breakdown and closing activities before and after the event.

E.    Compatibility with Existing Uses. In addition to the criteria of Section 10-20.40.050.E., in order to approve a conditional use permit for the seasonal amusement, entertainment and sales, indoor use, the Planning and Zoning Commission shall find:

1.    There are no anticipated health, safety, or welfare conflicts between the proposed use and the functions of the existing uses on the property or the existing use on the adjacent properties; and

2.     There are no anticipated health, safety, welfare or undue risks to the use’s customers arising from the proximity to the existing use on the property and on adjacent properties.

(Ord. 2019-22, Enacted, 7/2/2019)

10-40.60.310 Telecommunication Facilities

A.    Purposes. This section is intended to accommodate the communications needs of residents and businesses in the City while protecting public health, safety, and welfare by:

1.    Establishing predictable and balanced regulations that facilitate the provision of communications services;

2.    Minimizing adverse visual effects of telecommunications facilities through careful design, siting, landscape screening, height limitations, innovative camouflage techniques, and protection of view shed corridors;

3.    Avoiding potential damage to adjacent properties from tower failure through appropriate engineering;

4.    Maximizing use of existing and future towers to minimize the number of towers needed to serve the City;

5.    Locating telecommunications facilities away from residential neighborhoods and historical sites whenever feasible; and

6.    Requiring compliance with the important public interest protections of this section without taking into consideration economic considerations or cost, unless such economic considerations or costs are so extraordinary, substantial, and unusual so as to prohibit or have the effect of prohibiting the provision of telecommunications services.

B.    Permitting Applicability.

1.    Uses Permitted by Right.

a.    FM/DTV/Low Wattage AM Broadcasting Facilities. All applications for new FM/DTV/low wattage AM broadcasting facilities shall be subject to review and approval by the Director, in compliance with the procedures provided in Division 10-20.30, Common Procedures.

b.    Attached Telecommunications Facilities.

i.    All applications for new attached telecommunications facilities shall be subject to review and approval by the Director, in compliance with the procedures provided in Division 10-20.30, Common Procedures.

ii.    The Director may require an application for co-location to be considered by the Planning Commission at a public hearing on the basis of potential location, aesthetic or visually related impacts.

c.    Collocation Facilities.

i.    All applications for collocation of a new wireless communications facility on an existing antenna-supporting structure that has been designed and approved to accommodate multiple wireless communications facility providers shall be subject to review and approval by the Director, in compliance with the procedures provided in Division 10-20.30, Concept Plan Review.

ii.    The Director may require an application for co-location to be considered by the Planning Commission at a public hearing on the basis of potential location, aesthetic or visually related impacts.

d.    Stealth Telecommunication Facilities. All applications for new stealth telecommunications facilities shall be subject to review and approval by the Director, in compliance with the procedures provided in Section 10-20.30.050, Concept Plan Review.

2.    Uses Requiring a Conditional Use Permit.

a.    Antenna-Supporting Structures. All new antenna-supporting structures and replacement antenna-supporting structures intended for commercial and emergency services or public facility use shall obtain a conditional use permit in compliance with Section 10-20.40.050, Conditional Use Permits, prior to submittal for building permit approval and the initiation of construction.

b.    AM Broadcasting Facilities. All applications for new AM broadcasting facilities shall obtain a conditional use permit in compliance with Section 10-20.40.050, Conditional Use Permits, prior to submittal for building permit approval and the initiation of construction.

C.    General Requirements for Telecommunications Facilities. The requirements set forth in this subsection shall govern the location, construction, and operation of all telecommunications facilities governed by this section.

1.    Building Code and Safety Standards. Telecommunications facilities shall be maintained in compliance with applicable building and technical codes, including the most recent revision to the ANSI/TIA-222 Standards published by the Telecommunications Industries Association, as amended. Structural integrity shall be ensured through the approval of the applicable building permit.

2.    Regulatory Compliance. All telecommunications facilities must comply with the regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the State or Federal government with authority to regulate telecommunications facilities.

3.    Security. All telecommunications facilities shall have appropriate security, as determined by the Director, including solid fencing that complies with Division 10-50.50, Fences and Screening.

4.    Lighting. No artificial lighting of telecommunications facilities is permitted unless such artificial lighting is:

a.    Required by the Federal Aviation Administration, the Federal Communications Commission, or another State or Federal agency of competent jurisdiction; or

b.    Necessary for security.

c.    Such lighting shall comply with the development lighting regulations in Division 10-50.70, Outdoor Lighting Standards.

5.    Advertising. No advertising is permitted on telecommunications facilities. Signage in compliance with Division 10-50.100, Sign Standards, is permitted at telecommunications facilities where personnel work permanently.

6.    Visual Impact. Telecommunications facilities shall be sited and constructed to preserve the preexisting character of the surrounding buildings and vegetation, and shall comply with the natural resource protection standards in Division 10-50.90, Resource Protection Standards.

a.    All telecommunications facilities shall be painted a neutral non-reflective color, or be painted and/or textured to match adjoining structures or vegetation so as to reduce visual obtrusiveness, unless otherwise required by the Federal Aviation Administration or other competent State or Federal regulatory agency. Special attention shall be paid to camouflaging, to the maximum extent feasible, all portions of a telecommunications facility.

b.    To the maximum extent feasible, telecommunications facilities shall be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

c.    An equipment shelter or cabinet that supports telecommunications facilities shall be concealed from public view or made compatible with the architecture of surrounding structures. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet shall be regularly maintained.

d.    Equipment shelters and screen units shall be in compliance with Division 10-50.50, Fences and Screening, and Division 10-30.60, Site Planning Design Standards.

e.    Camouflaged sites may be required by the Director and will be subject to the following minimum standards:

(1)    Simulated pine branches must be located from a point that is 25 percent the height of the tower measured from finished grade to the top of the tower.

(2)    A density of 2.3 simulated branches per one lineal foot of the tower is required. Branches shall be installed on the tower in a random organic pattern.

(3)    The minimum length for the lower level simulated branches is 10 feet long. Simulated branches must taper toward the top of the tower to give the appearance of a natural conically shaped evergreen tree.

(4)    The tower shall be painted to emulate a natural tree trunk, while the bottom 25 percent of the height of the trunk shall be covered with a simulated tree bark product.

(5)    Antennas shall be fitted with a cover or otherwise camouflaged, and shall not extend beyond the tree branches located immediately adjacent to the antennas.

Figure 10-40.60.310A: Standards for Camouflaged Sites

7.    Landscaping. Landscaping shall be used to mitigate the visual impact of telecommunications facilities and ancillary structures. Evergreen plant material of a minimum height of five feet shall be planted adjacent to the exterior of any wall or fence a minimum of every 10 feet on center. The Director or the Planning Commission may waive or reduce these landscaping requirements if it is determined that the landscaping is unnecessary or it is impractical to provide necessary screening.

8.    Maintenance. The site of a telecommunications facility shall have sufficient room for maintenance vehicles and other equipment used for maintenance to maneuver on the property. Vehicles and other equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of a telecommunications facility. Unmanned sites shall provide a gravel area for parking of maintenance vehicles.

9.    Site Size and Setbacks.

a.    The site of a telecommunications facility shall be of a size and shape sufficient to provide adequate landscape screening as required by subsection (C)(7) of this section.

b.    For rooftop antennas, a 1:1.2 setback ratio shall be maintained as a fall zone (for example, a 10-foot-tall antenna shall require a 12-foot setback from the edge of the building’s roof).

10.    Height.

a.    Height of a tower shall be measured from the natural undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted.

b.    A telecommunications facility located on a preferred site, as defined in subsection (E)(1) of this section, shall not exceed a height of 100 feet.

c.    A telecommunications facility located on a neutral site, as defined in subsection (E)(2) of this section, shall not exceed a height of 75 feet.

d.    A telecommunications facility located on a disfavored site, as defined in subsection (E)(3) of this section, shall not exceed a height that is the greater of:

(1)    Sixty feet; or

(2)    Five feet above the average maximum height of the foliage within 200 feet of the telecommunications facility, but in no case greater than 70 feet.

D.    Additional Requirements for Towers. In addition to the general requirements set forth in subsection (C) of this section, towers shall be subject to the additional requirements set forth in this section.

1.    Towers shall not be sited where they will negatively affect historic districts or scenic view corridors or where they will create visual clutter.

2.    Towers shall be constructed to permit future co-location, unless doing so would be technically infeasible or aesthetically undesirable, as determined by the Planning Commission. Tower owners shall negotiate in good faith with providers of telecommunications services that seek to co-locate.

3.    New towers shall not be located any closer than 300 feet from the right-of-way lines of the following streets and highways within the Flagstaff City limits:

a.    Interstate 40.

b.    Interstate 17.

c.    U.S. Highway 89N.

d.    U.S. Highway 89A.

e.    U.S. Highway 180/Fort Valley Road.

f.    Route 66.

g.    Milton Road.

h.    Switzer Canyon Drive.

i.    North Humphreys Street.

j.    Cedar Avenue from Turquoise Drive to West Street.

k.    Lake Mary Road.

E.    Preferred, Neutral and Disfavored Sites.

1.    Preferred Sites.

a.    Community Structures. Any police or fire station, library, community center, civic center, courthouse, utility structure, smokestack, water tower, bridge, clock or bell tower, light pole, church steeple or other similar structure is a preferred site.

b.    Collocation. Any existing lawful wireless telecommunications facility shall be a preferred site. Any existing building where the antenna can be mounted directly to the side of the building or parapet is a preferred site.

c.    Industrial Zones and Public Land. Any site zoned LI, HI, or PF is a preferred site; provided, that such site is not park or open space land or a school site; and provided further, that such site is not a site described in subsection (E)(3) of this section. School sites are considered neutral or disfavored sites, depending on their zoning, proximity to residential neighborhoods, and the extent to which such sites meet the requirements of this section and the required findings listed in Section 10-20.40.050, Conditional Use Permits.

d.    Power Line Corridors. An existing tower structure that supports high voltage power lines in a power line corridor is a preferred site.

2.    Neutral Sites. Any site zoned SC, CC, HC, CS, CB or RD is a neutral site; provided, that such site is not a site described in subsection (E)(3) of this section.

3.    Disfavored Sites.

a.    Residential Neighborhoods. Any site in a zone not specified in subsection (E)(1) or (E)(2) of this section is a disfavored site, unless such site has a General Plan designation or current governmental use of industrial or commercial, which may reclassify the site as preferred or neutral, respectively.

b.    Designated Locales. Any site that is within a scenic view corridor as defined in subsection (E)(3)(c) of this section.

c.    Scenic Locales. Any site along an exposed ridgeline, a public trail, public park, or other outdoor recreation area is a disfavored site, unless the telecommunications facility blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable, as determined by the Planning Commission.

F.    Applications and Procedure.

1.    Permit Requirements. An application for a conditional use permit for a telecommunications facility shall be submitted on a form prescribed by the City in compliance with Section 10-20.30.020, Application Process. The application shall include the information and materials specified in the checklist for applications for a telecommunications facility, together with the required fee established in Appendix 2, Planning Fee Schedule. Additional submittal requirements are also listed below.

a.    Engineering Report. Each application shall include a report from a structural engineer licensed in the State of Arizona documenting the following:

(1)    Telecommunications facility height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design;

(2)    Total anticipated capacity of the telecommunications facility, including, in the case of a tower, the number and types of antennas that can be accommodated;

(3)    Evidence of structural integrity; and

(4)    Structural failure characteristics of the telecommunications facility and demonstration that site and setbacks are adequate to contain debris.

b.    Five-Year Plan and Site Inventory. Each application shall include a five-year facilities plan and site inventory addressing the following:

(1)    A description of the type of technology (cellular, PCS, radio, television, etc.) that will be provided using the telecommunication facility over the next five years, including the radio frequencies to be used for each technology and the types of consumer services (voice, video, data transmission) to be offered;

(2)    A list of all of the applicant’s existing telecommunications facility sites within the City and the Flagstaff Metropolitan Planning Organization Area, a list of all of the applicant’s proposed telecommunications facility sites within the City and the Flagstaff Metropolitan Planning Organization Area for which the applicant has filed a conditional use permit application, and a map showing location of these sites and service boundaries of other facilities operated by the applicant/provider in the area; and

(3)    If the applicant does not know specific future telecommunications facility site locations but does know of the areas where the telecommunications facilities will be needed within the next five years to provide service, the applicant shall identify the areas.

c.    Additional Information for Sites that Are Not Preferred Sites. Whenever an applicant proposes to construct a telecommunications facility on a site that is not a preferred site, as defined in subsection (E)(1) of this section, the applicant shall provide the following additional information:

(1)    A map showing the area in which the proposed telecommunications facility could be sited to provide the needed coverage, and all preferred sites in that area; and

(2)    A justification as to why the applicant is not proposing a preferred site, including the best efforts made to secure each of the preferred sites, why such efforts were unsuccessful, and why each of the preferred sites is not technically or legally feasible.

d.    Additional Information for Towers.

(1)    The applicant must explain why existing towers and other supporting structures cannot accommodate the proposed telecommunications facility. The applicant should describe in detail its best efforts made to obtain the use of such facilities, including, where applicable, the names and phone numbers of property owners contacted, summaries of meetings held with property owners, and written documentation from property owners denying use of their property;

(2)    The applicant must state whether additional antennas can be co-located on the new tower and, if not, explain why the tower is not being constructed to accommodate future co-location; and

(3)    The applicant must prepare a site review plan application that meets the requirements of Section 10-20.40.140, Site Plan Review and Approval.

2.    Technical Experts. The Director is authorized to employ on behalf of the City an independent technical expert to review any technical material submitted under this section. The applicant shall pay all costs of said review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party.

3.    Legal Counsel. The City Attorney may employ on behalf of the City legal counsel to assist in the review of an application for a conditional use permit submitted. The applicant shall pay all costs of said review, including any administrative costs incurred by the City.

4.    Procedure – General. Applications for a conditional use permit for a telecommunications facility shall be subject to the general procedural requirements found in Section 10-20.40.050, Conditional Use Permits. Any decision to deny an application for a conditional use permit for a telecommunications facility, including on appeal to the Council, shall be in writing and shall be supported by substantial evidence in the written record.

5.    Report of Director. In connection with the report of the Director required by Section 10-20.30.020, Application Process, the Director may require the applicant to submit additional justifications, documentation and other information in support of the showings that the applicant must make in compliance with the section. For each applicable showing or requirement of this section, the report shall:

a.    Review the application and the supporting documentation submitted by the applicant and any information prepared by or on behalf of the City or received by the City; and

b.    Explain how the information reviewed (or lack of information submitted) supports the recommendation to the Planning Commission required by Section 10-20.30.020, Application Process. Failure of the applicant to submit such information as the Director may require in compliance with this section shall be noted in the report and may be considered by the Planning Commission.

6.    Review. The Planning Commission shall not issue a conditional use permit for a telecommunications facility, as required by subsection (B)(2) of this section, until:

a.    The applicant has submitted an application in the form set forth in subsection (F)(1) of this section;

b.    The Planning Commission has determined that the requirements set forth in subsection (C) of this section have been met; and

c.    The Planning Commission has made the findings required under Section 10-20.30.090, Findings Required. In addition, the following findings shall be required, where applicable:

i.    For Telecommunications Facilities Not on Preferred Sites. Applications for a conditional use permit for a telecommunications facility on a site other than a preferred site, as defined in subsection E.1. of this section, shall not be granted unless the applicant has shown that it made its best efforts to locate the telecommunications facility on a preferred site and that it is not technically or legally feasible or aesthetically desirable to locate the telecommunications facility on a preferred site.

ii.    For Towers. Applications for a conditional use permit for a tower shall not be granted unless the applicant has shown that:

(a)    Existing towers cannot accommodate the proposed telecommunications facility;

(b)    The new tower will have room to co-locate additional facilities or it is not technically or legally feasible or aesthetically desirable to construct a tower with such co-location capacity; and

(c)    Construction of the tower will not disrupt existing utilities. In addition, the applicant also must meet the requirements set forth in subsection D. of this section.

iii.    For Telecommunications Facilities on Disfavored Sites. Applications for a conditional use permit for a telecommunications facility on a disfavored site, as defined in subsection E.4. of this section, shall not be granted unless the applicant has shown that:

(a)    It has made its best efforts to locate the telecommunications facility on a site that is not a disfavored site;

(b)    It is not technically or legally feasible or it is aesthetically undesirable to locate the telecommunications facility on a site that is not a disfavored site; and

(c)    Denial of the conditional use permit would unreasonably discriminate among providers of functionally equivalent personal wireless services or prohibit or have the effect of prohibiting the provision of personal wireless services within the meaning of 47 U.S.C. § 332(c)(7)(B)(i).

7.    Additional Information. The Planning Commission may require the applicant to submit additional information or provide further justification if the Planning Commission believes it is necessary or appropriate in light of the showings required by subsection F.6. of this section, the report submitted by the Director, the application, or the requirements of this section.

8.    Waived Requirements for Collocation. The Director may waive the requirements for a conditional use permit for telecommunications facilities that meet all the criteria in subsection C. of this section if the new facility or equipment is co-located on or adjoining an existing telecommunications facility.

G.    Removal of Telecommunications Facilities.

1.    All telecommunications facilities shall be maintained in compliance with the standards contained in applicable building and technical codes, including the most recent revision to the ANSI/TIA-222 Standards published by the Telecommunications Industries Association, as amended, so as to ensure the structural integrity of such facilities.

2.    If upon inspection by the Review Authority any such telecommunications facility is determined not to comply with the code standards referenced in subsection G.1. of this section or to constitute a danger to persons or property, then upon notice being provided to the owner of the telecommunications facility and the owner of the site of the telecommunications facility, such owners shall have 30 days to bring the telecommunications facility into compliance. The following measures will be followed if telecommunication facility remains noncompliant based on this subsection:

a.    If such telecommunications facility is not brought into compliance within 30 days, the City may provide notice to the owners requiring the telecommunications facility to be removed and the site restored to its natural condition.

b.    If such telecommunications facility is not removed within 30 days of receipt of such notice and the site restored to its natural condition, the City may remove such telecommunications facility and place a lien upon the property for the costs of removal and restoration.

c.    Delays by the City in taking action shall not in any way waive the City’s right to take action.

d.    The City may pursue all legal remedies available to it to ensure that telecommunications facilities not in compliance with code standards or which constitute a danger to persons or property are brought into compliance or removed.

e.    The time periods for repair, removal and restoration set forth in subsection G.2. of this section may be shortened if the review authority determines that a telecommunications facility poses an immediate danger to persons or property.

H.    Abandoned Telecommunications Facilities.

1.    Any telecommunications facility that is not operated for a continuous period of six months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it. The following persons have a duty to remove an abandoned telecommunications facility and restore the site to its natural condition:

a.    The owner of the abandoned telecommunications facility.

b.    The former operator of the abandoned telecommunications facility.

c.    The owner of the site upon which the abandoned telecommunications facility is located.

d.    Any lessee or sub-lessee of the site.

e.    Any telecommunications service provider that, by ceasing to utilize the telecommunications facility, caused the telecommunications facility to be abandoned.

f.    Any person to whom there has been transferred or assigned any license issued by the Federal Communications Commission under which the communications facility was operated.

g.    Any successor of any of the foregoing persons by asset sale or merger.

h.    Any parent, subsidiary, or affiliate of any of the foregoing persons.

i.    Any managing partner of any of the foregoing that is a limited partnership.

j.    Any general partner of any of the foregoing that is a general partnership.

2.    If such telecommunications facility is not removed and the site is not restored to its natural condition within 60 days of receipt of notice from the City notifying the owner of such abandonment, the City may remove such telecommunications facility and restore such site to its natural condition and place a lien upon the property for the costs of removal. The City also may pursue all legal remedies available to it to ensure that abandoned telecommunications facilities are removed. Delay by the City in taking action against abandoned telecommunication facilities shall not in any way waive the City’s right to take action. The City may seek to have the telecommunications facility removed and the site restored to its natural condition regardless of the owner’s or operator’s intent to operate the telecommunications facility and regardless of any permits that may have been granted to do so.

3.    A new conditional use permit must be granted before an abandoned telecommunications facility is brought back into use, and the applicant must meet all of the conditions of this section as if the abandoned telecommunications facility were a new telecommunications facility.

I.    Coordination with Federal Law.

1.    A conditional use permit may be granted despite noncompliance with the provisions of this section whenever denial of conditional use permit would unreasonably discriminate among providers of functionally equivalent personal wireless services or prohibit or have the effect of prohibiting the provision of personal wireless services, within the meaning of 47 U.S.C. § 332(c)(7)(B)(i).

2.    In evaluating an application for a conditional use permit, no consideration shall be given to the environmental effects of radio frequency emissions to the extent that such emissions are in compliance with the regulations of the Federal Communications Commission, as provided in 47 U.S.C. § 332(c)(7)(B)(iv).

3.    If any portion of this section is found invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision of this section, and such holding shall not affect the validity of the remaining portions of this section.

J.    Exclusions. The following shall be exempt from this section:

1.    Any tower and antenna under 60 feet in total height above the ground that is owned and operated by an amateur radio operator licensed by the Federal Communications Commission; and

2.    Any receive-only consumer device designed for over-the-air reception of television broadcast signals, multi-channel multi-point distribution service, or direct broadcast satellite service.

(Ord. 2019-22, Amended, 7/2/2019 (Res. 2019-31); Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))