Home Acknowledgments
The Town of Superior would like to thank the various people and
committees for taking the time to provide suggestions and acknowledge
their input in the drafting of this Ordinance. Also listed are
several cities and towns whose various development documents helped
in providing some of the framework for the preparation of this
Ordinance.
Prepared by:
Contract Planning Services
17203 E. Calaveras Avenue
Fountain Hills, Arizona 85268
(480) 837-7056 Fax (480) 836-1460
Superior Town Council: Superior Planning & Manufacture Housing
Roy Chavez, Mayor Zoning
Commission: Ad-Hoc
Committee: Gilbert Preciado, Vice Mayor Dennis Van Gorp, Chrm.
Michael Hing
Manuel Ruiz David Lira Eddie Eisele
Henry Munoz Walter Martin Ed
Martinez
Yolanda Ewing Harry
Smith John
Ycedo
Amparo Gomez Mary Sanchez Manuel
Ortega
Richard Green Rosie
Lee Polly
Drakovich
Marguerite Kelly Yolanda
Ewing
Manuel Ruiz
Dennis Van Gorp
American Planning Town
of Queen Creek Town of Gilbert
Association Zoning Ordinance Zoning Ordinance
PAS Report #478 Parking Standards
City of Glendale City
of Peoria Town
of Fountain Hills
Zoning Ordinance Zoning Ordinance Zoning
Ordinance
Downtown - "PR" Zone
City of Phoenix City of Mesa
Zoning Ordinance Zoning Ordinance
ZONING ORDINANCE TABLE OF CONTENTS
Pg. #’s
Article I Title, Purpose and Scope ….………………………………………………
2
1.0 Short Title ………………………………………………………………....
2
1.1 Purpose and Intent...…………………………………………………
2
1.2 Filing Fees …………………………………………………………………
2
1.3 Interpretation ………………………………………………………………
3
1.4 Applicability ……………………………………………………………….
3
1.5 Enforcement ……………………………………………………………….
3
1.6 Violations and Penalties …………………………………………………
4
1.7 Severability ………………………………………………………………..
4
Article II Administration ………………………………………………….................
5
2.0 Town Council ……………………………………………………...............
5
2.1 Planning and Zoning Commission …………………………………….
5
A. Establishment and Purpose ……………………….………..…………
5
B. Membership …………………………………………………………….
5
C. Term of Office.
5
D. Organization …………………………………………………………...
5 & 6
E. Duties …..……………………………………………………………….
6 & 7
F. Compensation ………………………………………………..................
7
2.2 Board of Adjustment …………………………………………………….
7
A. Establishment and Purpose …………………………………………..
7
B. Membership ……………………………………………........................
7
C. Term of Office ……………………..…………………………………..
7
D. Organization ………………………………………………...................
7 & 8
E. Duties …………………………………………………………………
8
F. Appeals of Board of Adjustment Decision …………………………
9
2.3 Zoning Administrator …………………………………………………..
9
A. Establishment and Purpose …………………………………………
9
B. Duties …………………………………………………………………
9 & 10
2.4 Town Center Review Board ……………………………………………
10
A. Establishment and Purpose …………………………………………
10
B. Membership …………………………………………………...............
10 & 11
C. Term of Office …………………………………………………………
11
D. Organization of Town Center Board ………………………………
11 & 12
E. Duties …………………………………………………………………
12
F. Exemptions to Board Review ………………………………………
12 & 13
G. Additional Requirements ………………………….………………
13
Article III Zoning Procedures ……………………………………………….
14
3.0 General Procedural Requirements …………………………..
14
A. Application Process …………………………………………..
14
B. Planning Commission ………………………………………..
14
C. Records ………………………………………………………..
14
D. Town Council …………………………………………………
15
E. Scope of Action ……………………………………………….
15
3.1 Notification for Public Hearings …………………………………
15 & 16
3.2 Zoning Text Amendment and Zoning Changes ……………….
17
A. Purpose ……………………………………………………….
17
B. Application …………………………………………………...
17
C. Initiation of Ordinance Text Amendment …………………
17
D. Initiation of a Rezoning ……………………………………..
17
E. Submittal Requirements …………………………………….
17 & 18
F. Procedures ……………………………………………………
18 & 19
G. Protest ………………………………………………………...
19
H. Subsequent Applications ……………………………………
19
3.3 Conditional Use Permits ………………………………………….
19
A. Purpose ……………………………………………………….
19
B. Application …………………………………………………...
19
C. Submittal Requirements …………………………………….
20
D. Procedures ……………………………………………………
20
E. Approval Criteria ……………………………………………
20
F. Validity Limit ………………………………………………...
20
3.4 Temporary Use Permit ……………………………………………
20
A. Purpose ……………………………………………………….
20
B. Application …………………………………………………...
20 & 21
C. Submittal Requirements …………………………………….
21
D. Procedures ……………………………………………………
21
E. Approval Criteria ……………………………………………
21
3.5 Variances and Appeals ……………………………………………
21
A. Purpose ……………………………………………………….
21
B. Application …………………………………………………...
21 & 22
C. Approval Criteria ……………………………………………
22
D. Public Hearing ……………………………………………….
22
E. Validity Limit …………………………………………………
22
3.6 Site Plan Review …………………………………………………
22
A. Purpose ……………………………………………………….
22
B. Application …………………………………………………...
23
C. Submittal Requirements …………………………………….
23
D. Procedures ……………………………………………………
23
E. Scope of Action ……………………………………………….
23
3.7 General Plan Amendment ………………………………………
23
A. Application …………………………………………………...
23 & 24
B. Procedures …………………………………………………….
24
C. Approval Criteria ……………………………………………
24
Article IV Zoning Districts and Map …………………………………………
25
4.0 Purpose ……………………………………………………………
25
4.1 Establishment of Zoning Districts ………………………………
25, 26 & 27
4.2 Zoning Map ……………………………………………………….
27
4.3 District Boundaries ………………………………………………
27
4.4 Establishing Town Zoning in Annexed Areas ………………
27
Article V Single Residence Zoning Districts ………………………………
28
5.0 Purpose ……………………………………………………………
28
A. Estate Residential Zoning Districts .......................................
28
B. Suburban Residential Zoning Districts ……………………
28 & 29
5.1 Permitted Uses ……………………………………………………
29 & 30
5.2 Uses Subject to Conditional Use Permit ………………………
31 & 32
5.3 Compliance With Other Provisions ……………………………
32
5.4 Density, Area, Building and Yard Regulations ………………
32
Table No. 1
33
Article VI Multiple Residence Zoning Districts …………………………
34
6.0 Purpose …………………………………………………………….
34
6.1 Permitted Uses ……………………………………………………
34 & 35
6.2 Uses Subject to Conditional Use Permit ………………………
35
6.3 Design Standards Requirements ……………………………….
36
6.4 Landscape and screening Requirements ………………………
36
A. Landscaping Requirements …………………………………...
36 & 37
B. Screening Requirements ………………………………………
37
6.5 Compliance With Other Provisions …………………………….
37
6.6 Density, Area, Building and Yard Regulations ………………
38
Table No. 2
38
Article VII Commercial Zoning Districts ………………………………..
39
7.0 Purpose …………………………………………………………….
39
7.1 Permitted Uses ……………………………………………………
39, 40 & 41
7.2 Uses Subject to Conditional Use Permit ………………………
41
7.3 Prohibited Uses in C-2 General Commercial …………………
42
7.4 Design Standards Requirements ……………………………….
42
A. General Architectural Requirements ………………………
42
B. General Site Planning Requirements ………………………
42
7.5 Landscape and Screening Requirements …………………….
43
A. Landscaping Requirements …………………………………
43
B. Screening Requirements ……………………………………..
44
7.6 Compliance With Other Provisions ……………………………
44
7.7 Density, Area, Building and Yard Regulations ………………
45
Table No. 3
45
Article VIII Town Center Zoning District ………………………………..
46
8.0 Purpose …………………………………………………………….
46
8.1 Permitted Uses ……………………………………………………
46 & 47
8.2 Prohibited Uses ………………………………………………….
47
8.3 Design Standards Requirements ……………………………..
47
A. General Architectural Requirements .................................
47
B. General Site Planning Requirements ……………………..
47 & 48
C. Outdoor Sidewalk Cafes …………………………………..
48
D. Vacant Buildings …………………………………………..
48 & 49
8.4 Landscape and Streetscape Requirements …………………
49
A. Landscaping Requirements ………………………………
49
B. Streetscape Requirements …………………………………
49 & 50
8.5 Compliance With Other Provisions …………………………
50
8.6 Density, Area, Building and Yard Regulations ……………
51
Table No. 4
51
Article IX Industrial Zoning Districts …………………………………..
52
9.0 Purpose ………………………………………………………….
52
9.1 Permitted Uses …………………………………………………
52 & 53
9.2 Uses Subject to Conditional Use Permit ……………………
53 & 54
9.3 Prohibited Uses …………………………………………………
54
9.4 Design Standards Requirements …………………………….
54
A. General Architectural Requirements …………………….
54
B. General Site Planning Requirements ……………………..
54
9.5 Landscape and Screening Requirements ……………………
55
A. Landscaping Requirements ……………………………….
55 & 56
B. Screening Requirements ……………………………………
56
9.6 Buffer Yard Requirements …………………………………….
56
9.7 Compliance With Other Provisions ………………………….
56
9.8 Density, Area, Building and Yard Regulations …………….
57
Table No. 5
57
Article X Open Space Zoning Districts …………………………………..
58
10.0 Purpose ……………………………………………………………
58
10.1 Permitted Uses ……………………………………………………
58 & 59
10.2 Uses Subject to Conditional Use Permit ……………………...
59
10.3 Prohibited Uses …………………………………………………..
59
10.4 Development Standards ……………………………………….
59 & 60
10.5 Compliance With Other Provisions …………………………...
60
10.6 Density, Area, Building and Yard Regulations …………….
61
Table No. 6
61
Article XI Manufactured Home Overlay Zoning District ………………
62
11.0 Purpose …………………………………………………………...
62
11.1 Intent ……………………………………………………………...
62
11.2 Permitted Uses …………………………………………………..
62
11.3 Planning Review Process ………………………………………
62 & 63
11.4 Review Criteria ………………………………………………….
63 & 64
11.5 Design Standards ………………………………………………
64
A. Manufactured Homes on Parcels or Individual Lots ……
64 & 65
B. Manufactured Home Land-Lease Developments ………..
65, 66 & 67
11.6 Uses Subject to Conditional Use Permit …………………….
67
11.7 Exception ………………………………………………………..
67 & 68
11.8 Compliance With Other Provisions …………………………
68
11.9 Density, Area, Building and Yard Regulations ……………
69
Table No. 7
69
Article XII Planned Development Overlay Zoning Districts …………
70
12.0 Purpose ……………………………………………………………
70
12.1 Minimum District Size ………………………………………….
70 & 71
12.2 Use Regulations ………………………………………………….
71 & 72
12.3 Planning Review Process ……………………………………….
72
12.4 Review Criteria …………………………………………………..
72 & 73
12.5 Design Standards ………………………………………………..
73 & 74
12.6 Compliance With Other Provisions …………………………..
74
Article XIII General Provisions …………………………………………….
75
13.0 Purpose ……………………………………………………………
75
13.1 Use Restrictions ………………………………………………….
75
13.2 Re-dividing of Recorded Lots …………………………………
75
13.3 Street Dedication Requirements ………………………………
75 & 76
13.4 Unsuitable Sites …………………………………………………
76
13.5 Performance Standards …………………………………………
76 & 77
13.6 Projections into Required Yards ………………………………
77 & 78
13.7 Height Limitations ………………………………………………
78
13.8 Accessory Buildings and Uses …………………………………
79
13.9 Fences and Walls …………………………………………………
79 & 80
13.10 Swimming Pools ………………………………………………….
80 & 81
13.11 Home Occupations ……………………………………………….
81 & 82
13.12 Outdoor Storage and Junk Automobiles ……………………..
82 & 83
13.13 Dumping and Disposal ………………………………………….
83
13.14 Temporary Events or Uses ………………………………………
83 & 84
13.15 Recreational Vehicle Parks ……………………………………..
84
Article XIV Parking Provisions ………………………………………………
85
14.0 Purpose …………………………………………………………….
85
14.1 General Regulations ……………………………………………..
85
14.2 Improvements …………………………………………………….
85 & 86
14.3 Required Parking Spaces By Use Type ……………………….
86 – 88
14.4 Parking Space/Maneuvering Dimensions ……………………
89
A. Large Vehicle Parking ………………………………………...
89
B. Disabled Parking ………………………………………………
89
C. Standard Parking ………………………………………………
89
D. Loading Space …………………………………………………
89
E. Exceptions ……………………………………………………...
89
F. Hours of Operation ……………………………………………
89
14.5 Parking Lot Landscape Requirements ………………………..
90
A. Amount Required …………………………………………….
90
B. Location ………………………………………………………..
90
C. Irrigation of Parking Lot Landscaping ……………………..
90
D. Maintenance of Landscaping ……………………………….
90
Article XV Outdoor Lighting Provisions ………………………………….
91
15.0 Purpose …………………………………………………………..
91
15.1 Conformance With Applicable Codes ……………………….
91
15.2 Definitions ………………………………………………………
91
A. Filtered ………………………………………………………..
91
B. Fossil Fuel Light ………………………………………………
91
C. Fully Shielded ………………………………………………...
91
D. Individual ……………………………………………………..
92
E. Installed ………………………………………………………..
92
F. Luminary ………………………………………………………
92
G. Outdoor Light Fixtures ………………………………………
92
H. Partially Shielded …………………………………………….
92
15.3 General Requirements ………………………………………….
92
A. Shielding ………………………………………………………
92
B. Filtration ………………………………………………………
92
C. Building and Structures ……………………………………..
92
D. Parking Lot Lighting …………………………………………
93
E. Outdoor Advertising Signs ………………………………….
94
15.4 Prohibitions ………………………………………………………
94
A. Searchlights ……………………………………………………
94
B. Recreational Facilities …………………………………………
94
C. Exterior Lighting ………………………………………………
94
D. Mercury Vapor and Quartz-Halogen ……………………….
94
E. Signage ………………………………………………………….
94
15.5 Exemptions ……………………………………………………….
94
A. Nonconforming Fixtures …………………………………….
94
B. Fossil Fuel Light ……………………………………………….
95
C. Federal and State Facilities …………………………………...
95
15.6 Procedures For Compliance …………………………………….
95
A. Application …………………………………………………….
95
B. Contents of Application ………………………………………
95
C. Issuance of Permit …………………………………………….
95
D. Amendment to Permit ……………………………………….
95
Article XVI Wireless Communications …………………………………….
96
16.0 Purpose ……………………………………………………………
96
16.1 Intent ………………………………………………………………
96
16.2 Conformance With Applicable Codes ………………………..
96
16.3 Definitions ………………………………………………………..
96
A. Alternative Tower Structure …………………………………
96
B. Antenna …………………………………………………………
96
C. Building Mounted Antenna ………………………………….
97
D. Co-location …………………………………………………….
97
E. Equipment Cabinet ……………………………………………
97
F. FAA ……………………………………………………………..
97
G. FCC ……………………………………………………………..
97
H. Height ………………………………………………………….
97
I. Monopole ……………………………………………………….
97
J. Mount ……………………………………………………………
97
K. Personal Wireless Service Facility (PWSF) ………………….
97
L. Site ………………………………………………………………
97
M. Tower ………………………………………………………….
98
16.4 General Requirements ………………………………………….
98 & 99
16.5 Permitted Uses …………………………………………………..
99
16.6 Conditional Use Permits ……………………………………….
99 & 100
16.7 Submittal Requirements ……………………………………….
100
A. All Wireless Communication Facilities ……………………
100
B. All New Towers and Poles ………………………………….
100 & 101
C. All New Rooftop and Building Mounted …………………
101
16.8 Exemptions ………………………………………………………
101
Article XVII Sign Provisions ……………………………………………….
102
17.0 Purpose …………………………………………………………..
102
17.1 Intent ……………………………………………………………..
102
17.2 Definitions ………………………………………………………
102-105
17.3 General Requirements …………………………………………
105 & 106
17.4 Permitted Permanent Signs ……………………………………
106
A. Single and Multiple Residence Districts …………………...
106 & 107
B. Commercial Districts …………………………………………
107 & 108
C. Town Center District …………………………………………
108 & 109
D. Industrial Districts ……………………………………………
109 & 110
E. Open Space Districts …………………………………………
110
17.5 Conditional Use Permits ……………………………………….
110
17.6 Temporary Signs ………………………………………………..
110
A. Banner, Pennants and Displays for Grand Openings ……
110
B. Portable Signs …………………………………………………
111
C. Off-Site Directional Signs for Special Events ………………
111
D. Fixed Balloon Signs …………………………………………..
111
E. Banner Signs …………………………………………………..
111
F. Political Signs …………………………………………………
111
G. Real Estate Signs ……………………………………………..
112
17.7 Submittal Requirements ………………………………………
112
17.8 Exceptions ……………………………………………………….
112
A. Permits Not Required ……………………………………….
112
B. Accepted Signage …………………………………………….
112 & 113
17.9 Prohibited Signs ………………………………………………..
114
Article XVIII Nonconforming Uses ……………………………………….
115
18.0 Purpose …………………………………………………………..
115
18.1 Limitation on Buildings and Uses ……………………………
115 & 116
18.2 Limitation on Lots ………………………………………………
116
18.3 Limitation on Signs …………………………………………….
116
A. Legal Nonconforming Signs ………………………………..
116 & 117
B. Signs for a Legal Nonconforming Use ……………………..
117
C. Signs Rendered Discontinued ………………………………
117
Appendix A Glossary of Terms and Definitions
119-130
Appendix B Plant List for Right-of-Way Landscaping
131
ZONING ORDINANCE TABLES
Table 1 Zoning Ordinance Summary - Single Residence Districts…….
V-7
Table 2 Zoning Ordinance Summary - Multiple Residence Districts…...
VI-7
Table 3 Zoning Ordinance Summaries - Commercial Districts…………..
VlI-9
Table 4 Zoning Ordinance Summaries - Town Center District…………… VIII-7
Table 5 Zoning Ordinance Summary - Industrial Districts.........................
IX-8
Table 6 Zoning Ordinance Summaries - Open Space Districts…………… X-4
Table 7 Zoning Ordinance Summaries - Manufactured Home Overlay…....
XI-l0
Table 8 Required Parking Spaces……………………………………………..
XIV-2
Table 9 Requirements for Shielding and Filtering . . . . . . .
. . . . . . . . . . . . ... XV-3
Article I - Title Purpose and Scope
- .
SEC. 1.0 SHORT TITLE.
This
Ordinance shall be known as and may be cited as the "Town of Superior
Zoning Ordinance". All appendices, exhibits and/or maps within
this ordinance are hereby adopted and shall be incorporated herein
as a part of this ordinance.
SEC. 1.1 PURPOSE and INTENT.
A. The purpose of this Zoning Ordinance and the intent of its
application is to provide the minimum requirements for the implementation
of the General Plan; promote the public interest, health, comfort,
safety, convenience, and general welfare; to protect the character
and the stability of residential, business, recreational, and
industrial areas of the community; to guide, control and regulate
the future growth and development of the Town of Superior; and
to provide for adequate light and air, avoidance of overcrowding
of land and excessive concentration of population by establishing
land use classifications and by imposing regulations on the use
of land, on the location, height and bulk of buildings and structures
and by establishing standards for design and development.
B. This Zoning Ordinance establishes procedures, offices, boards,
and commissions for the enforcement, interpretation, and processing
of amendments, variances, special and conditional uses permits,
and appeals and for violations and penalties for infractions of
these zoning regulations.
C. All buildings, structures, and uses of land, constructed or
developed, shall be subject
to all provisions of this Zoning Ordinance.
D. All changes to distinguishing traits or primary features or
the use of a building or land, as evidenced by increased parking
requirements, change of occupancy, change of outside storage,
or other features, occurring to existing properties after the
effective date of this Zoning Ordinance shall be subject to all
provisions of this Zoning Ordinance. The use of a building or
land shall refer to the primary or specific purpose for which
the building or land is occupied, designed, intended, or maintained.
SEC. 1.2 FILING FEES.
The Mayor and Town Council of the Town of Superior may from time
to time establish and set by resolution the amount of charges
for all planning and zoning applications within the jurisdiction
of the Town of Superior. The developer/applicant shall. At the
time of filing, pay to the Town those established planning and
zoning fees. These fees shall be non°©refundable.
SEC. 1.3 INTERPRETATION A. The standards and restrictions established
by this Ordinance shall be held to be the minimum requirements
for the promotion of the General Plan, and for the interpretation
and administration of the zoning regulations, standards,
restrictions, uses, procedures, enforcement, fees, administration,
and all other areas addressed herein.
B. It is not the intention of this Zoning Ordinance to repeal,
abrogate, annul, or in any way impair or interfere with existing
provisions of other laws or ordinances, except those zoning and
building ordinances specifically repealed by this Ordinance, or
with restrictions placed upon property by covenant, deed, easement,
or other agreement between parties, provided that where this Ordinance
imposes higher standards or a greater restriction on land, buildings
or structures than is imposed or required by such existing provisions
of law, ordinance, contract, or deed, the provisions of this Ordinance
shall prevail.
C. This Ordinance amends this text of any other Zoning Ordinance
previously adopted by the Town of Superior, Arizona.
SEC. 1.4 APPLICABILITY.
A. This Ordinance shall govern the development and the use of
land and structures within the corporate limits of the Town. No
building, structure, or land shall be used or occupied, and no
building, structure, or land shall be developed, and no permit
shall be issued for any building, structure, or land unless it
is in conformity with all applicable provisions of this Ordinance.
B. All conditional uses which have been legally approved and established,
shall be permitted to proceed under such approvals, provided that
the person, firm, or corporation that obtained such conditional
uses have also obtained Building Permits for all buildings and
structures to be constructed and have completed all construction
within twelve (12) months of the approval of such conditional
use, unless the Council action approving such conditional use
had a longer period of time.
SEC. 1.5 ENFORCEMENT.
This Ordinance shall be enforced by the Zoning Administrator who
shall in no case grant permission for the issuance of any permit
for the construction, reconstruction, alteration, demolition,
movement or use of any building, structure, lot, or parcel if
the Zoning Administrator determines that the building, structure,
lot or parcel as proposed to be constructed, reconstructed, altered,
used, or moved, would be in violation of any of the provisions
of this Ordinance, unless directed to issue such permit by the
Board of Adjustment after interpretation of the ordinance or the
granting of variance, or when appropriate, by the Town Council
after interpretation of this ordinance.
SEC. 1.6 VIOLATIONS and PENALTIES.
A. It is hereby declared to be unlawful to construct, erect, install,
alter, change, demolish, maintain, use, or permit the construction.
erection, installation, alteration, change, maintenance, or use
of any building, structure, or land contrary to, or in violation
of, any provision of this Ordinance or of any provision designated
as a condition of approval either by the plan review process or
through an amendment, special or conditional use permit, variance,
site plan, design review, or appeal by an office, board, commission,
or the Town Council as established by this Ordinance.
B. Unless otherwise provided in this Ordinance, any person, firm,
or corporation found to be violating any of the provisions of
this Zoning Ordinance and any amendments thereto, shall be guilty
of a Class one misdemeanor, punishable as provided in Article
1-8 of the Superior Town Code; and each day of violation continued
shall be a separate offense, punishable as described.
SEC. 1.7 SEVERABILITY.
If any part of the Zoning Ordinance of the Town of Superior, Arizona
is found to be invalid or unconstitutional by any court, such
action shall not apply to the Ordinance as a whole, but only to
that specific part, and shall not affect the validity of the remaining
portion3 or provisions of this Ordinance.
Article II - Administration
SEC. 2.0 TOWN COUNCIL.
The Mayor and Town Council shall have the following powers and
duties under this Ordinance:
A. To hear, review and consider recommendations of the Planning
and Zoning Commission on zoning applications, use permits, special
use permits, and appeals, in accordance with the provisions of
this Ordinance.
B. To hear, review and adopt amendments to the Zoning District
Map after recommendation by the Planning and Zoning Commission
in accordance with the provisions of this Ordinance.
C. To hear, review and adopt amendments to the text of this Ordinance
after the recommendation by the Planning and Zoning Commission,
in accordance with the provisions of this Ordinance.
SEC. 2.1 PLANNING and ZONING COMMISSION.
A. Establishment and Purpose.
There is hereby created a Planning and Zoning Commission for the
purpose of promoting the health, safety, order, beauty, prosperity
and general welfare of the Town; and for securing efficiency,
economy and concerted effort in the growth and development of
the Town; and for exercising such powers as are granted by this
Ordinance and Arizona Revised Statutes Sections 9-461 through
9-462.08 as same may be amended from time to time.
B. Membership.
The Commission shall consist of seven (7) members, all residents
of the Town, who shall be appointed by, and serve at the pleasure
of, the Town Council.
C.
Term of Office.
The members of the Commission shall serve for terms of three (3)
years. In the event of a death, resignation, or removal from the
Commission, the vacancy shall be filled by the council for the
unexpired term. Three (3) successive unexcused absences during
a calendar year from any regular or special meetings may be considered
inefficiency or neglect of duty and may be grounds for termination
at the will and pleasure of the Town Council.
D. Organization.
1. Officers:
The Commission shall elect a chairperson and vice°© chairperson
from among its own members at the first meeting held in each calendar
year. The chairperson shall preside at all meetings. The vice-chairperson
shall perform the duties of the chairperson in the latter’s
absence or disability. The Clerk of the Commission shall be a
member of the Town staff appointed by the Town Manager, and is
not a voting member of the Commission.
2. Meetings:
Meetings of the Commission shall be open to the public, the minutes
of the proceedings, showing the votes of each member and records
of it examinations and other official actions shall be kept and
filed in the office of the Town Clerk as a public record.
3. Quorum:
Four (4) members of the Commission shall constitute a quorum for
the transaction of business. The affirmative vote of at least
the majority of the quorum present and voting shall be required
to pass a motion. A member may abstain from voting only upon a
declaration that he/she has a conflict of interest, in which case
such member shall take no part in the deliberation on the matter
in question.
4. Rules and Regulations:
The Commission may make and publish bylaws to govern its proceedings
and to provide for its meetings. The by-laws are to be reviewed
by the Town Attorney and approved by the Town Council.
E. Duties.
In addition to any authority granted to the Town Planning and
Zoning Commission by Arizona law, other ordinances of the
Town or by this Ordinance, the Town Planning and Zoning Commission
shall have the following powers and duties:
1. to hold public hearings when necessary or when required by
law.
2. To initiate, hear, review, and make recommendations to the
Town Council regarding applications for amendments to the Comprehensive
General Plan or any other such plan, in accordance with the provisions
of this Ordinance, To conduct a review and make recommendations
to the Mayor and Council, on an annual basis, on the Comprehensive
General Plan and for any land outside the Town’s planning
area which, in the opinion of the Commission, is substantially
related to the planning of the Town.
3. To make recommendations to the Town Council on all matters
concerning or relating to the creation of Zoning Ordinances, the
boundaries thereof, the appropriate regulations to be enforced
therein, and amendments of this Ordinance, and to undertake any
other activities usually associated therewith and commonly known
as "planning and zoning".
4. To initiate, hear and review applications for amendments to
either the Zoning District Map and/or the text of this Ordinance,
in accordance with the provisions of this Ordinance.
5. To hear, review and make recommendations to the Town Council
regarding tentative subdivision plats, in accordance with the
provisions of the Town's Subdivision Ordinance.
6. To serve as an advisory body to the Town Council on such matters
as applications for use permits, special use permits, and any
other permit or review process pursuant the provisions of this
Ordinance.
7. To confer and advise with other town, county, regional, or
state planning agencies and commissions.
F. Compensation.
The members of the Commission shall serve without compensation.
The Commissioners may be reimbursed for actual expenses incurred
in connection with their duties upon authorization in advance
by the Commission and approval of such expenditures by the Town
Manager.
SEC. 2.2 BOARD of ADJUSTMENT.
A. Establishment and Purpose.
The Town of Superior shall have a Board of Adjustment appointed
by the Town Council. In lieu of appointing a separate Board of
Adjustment, the Mayor, with the consent of the Town Council, may
establish the Town Council as the Board of Adjustment.
B. Membership.
The Board shall consist of seven (7) members who shall be residents
of the Town of Superior. The members of the Board shall be appointed
by the Mayor, subject to the approval by the Town Council. The
members of the Board shall serve without compensation.
C. Term of Office.
Whenever the Town Council is not serving as the Board, the term
of office of the members of the Board shall be two (2) years,
with the terms of members so staggered that the terms of no more
than four (4) members shall expire in anyone year. In the event
of a death, resignation, or removal from the Board, the vacancy
shall be filled by the council for the unexpired term. Three (3)
unexcused absences during a calendar year from any regular or
special meetings may be considered inefficiency or neglect of
duty and may be grounds for termination at the will and pleasure
of the Town Council.
D. Organization of Board of Adjustment.
1. Chairpersons:
Whenever the Town Council is serving as the Board, the Mayor and
Vice Mayor shall serve as the chairperson and vice- chairperson
respectively. Otherwise, the Board shall elect a chairperson and
a vice-chairperson from the members of the Board at the first
meeting held in each calendar year. The chairperson shall preside
at all meetings. The vice-chairperson shall perform the duties
of the chairperson in the latter’s absence or disability.
The Clerk of the Board shall be a member of the Town staff appointed
by the Town Manager, and is not a voting member of the Board.
2. Meetings:
Meetings of the Board shall be open to the public, the minutes
of the proceedings, showing the votes of each member and records
of it examinations and other official actions shall be kept and
filed in the office of the Town Clerk as a public record.
3. Quorum:
Four (4) members of the Board shall constitute a quorum for the
transaction of business. The affirmative vote of at least the
majority of the quorum present and voting shall be required to
pass a motion. A member may abstain from voting only upon a declaration
that he/she has a conflict of interest, in which case such member
shall take no part in the deliberation on the matter in question.
4. Rules and Regulations:
The Board shall adopt and publish rules and procedures necessary
for the conduct of us business, subject to review by the Town
Attorney and approval by the Town Council.
E. Duties.
In addition to any authority granted to the Board of Adjustment
by Arizona State law, the Board shall have the following
powers and duties:
1. to hear and decide appeals in which it is alleged that there
is an error in an order, requirement or decision made by the Zoning
Administrator in the enforcement of this Ordinance. This power
shall include the power to reverse, affirm, or modify, wholly
or partly, any order, requirement or decision of the Zoning Administrator
properly appealed to the board, and make such order, requirement,
decision or determination as is necessary.
2. To hear and decide requests for variances from the terms of
this Ordinance, only if, because of special circumstances applicable
to the property, including its size, shape, topography, location,
or surroundings, the strict application of the Zoning Ordinance
will deprive such property of privileges enjoyed by other property
of the same classification in the same zoning district. Any variance
granted
is subject to such conditions as will assure that the adjustment
authorized shall not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the
same zoning district in which such property is located.
3. A variance may only be granted, in accordance to State law,
provided evidence is presented that satisfies the specific conditions
outlined by State Statutes:
a. There exists special circumstances or conditions regarding
the land, or-building for which the variance or adjustment is
sought which do not apply generally to other land or buildings
in the same zoning district and these special circumstances or
conditions are preexisting and are not created or self-imposed;
And
b. The variance is necessary for the preservation of substantial
property rights. Without a variance the property cannot be used
for purposes otherwise allowed in the same zoning district and
the variance or adjustment, as granted, is the minimum adjustment
that will accomplish this purpose;
And
c. The granting of the adjustment will not be materially detrimental
to persons residing or working in the vicinity, to adjacent property,
or to the neighborhood or the public welfare.
4. The Board of Adjustment may not:
a. Make any changes in the uses permitted in any zoning classification
or zoning district, or make any changes in the terms of the zoning
ordinance, provided the restrictions in this paragraph shall not
affect the authority to grant variances pursuant to this article.
F. Appeals of Board of Adjustment Decision.
1. A person aggrieved by a decision of the Board of Adjustment
or an officer or department of the Town of Superior affected by
a decision of the Board may at any time within thirty (30) days
after the Board has rendered its decision, file a complaint for
special action in Superior Court to review the Board or Town Council
decision, sought to be reviewed. The court review shall be in
conformance with the rules of special action adopted by the Arizona
Supreme Court.
SEC. 2.3 ZONING ADMINISTRATOR.
A. Establishment and Purpose.
The staff position of Zoning Administrator is hereby created for
the general and specific administration of this Ordinance. The
Zoning Administrator shall possess all powers of a Zoning Administrator
under this Ordinance and Arizona Law and shall perform such duties
as are set forth under the direction of the Town Manager. During
any period that the position of Zoning Administrator is vacant,
the Town Building Official shall perform the duties of the Zoning
Administrator.
B. Duties of the Zoning Administrator.
The Zoning Administrator shall have the following duties:
1. to establish rules, procedures and forms to provide for processing
of applications or requests for action under the provisions of
this Ordinance.
2. Accomplish all administrative actions required by this Ordinance,
including the giving of notice, scheduling of hearings, preparation
or reports, receiving and processing appeals, the acceptance and
accounting of fees, and the rejection or approval of site plans
as provided in other provisions of this Ordinance.
3. To provide advice and recommendations to the Town Planning
and Zoning Commission, the Board of Adjustment, the Town Center
Review Board, and the Town Council with respect to applications
and requests for approvals and permits required by this Ordinance.
4. To direct such inspections, observations and analysis of any
and all erection, construction, reconstruction, alteration, repair
or use of buildings, structures or land within the Town as is
necessary to fulfill the purposes and procedures set forth in
this Ordinance. No building shall be occupied until such time
as the Zoning Administrator has issued a letter of compliance
with this Ordinance.
5. To take such action as is necessary for the enforcement of
this Ordinance with respect to any violations of the Ordinance.
6. Interpret the Zoning Ordinance to the public, Town departments,
and other branches of government, subject to the supervision of
the Town Manager and general specific policies established by
the Town Council.
7. Undertake preliminary discussions with, and provide non-legal
advice to, applicants requesting zoning adjustment action.
8. Determine the location of any district boundary shown on the
Zoning
Map adopted as part of this Ordinance when such location is in
dispute.
9. To allow an opportunity for staff input and proper evaluation,
all requests for action by the Planning and Zoning Commission,
Board of Adjustment, or Town Center Review Board shall be filed
with the Zoning Administrator. All requests shall be in a form
required by the Zoning Administrator and in a manner provided
in this Ordinance or in rules or regulations approved by resolution
of the Town Council.
10. The Zoning Administrator shall not make any changes in the
uses permitted in any zoning classification or zoning district
or make any changes in the terms of the Zoning Ordinance.
SEC. 2.4 TOWN CENTER REVIEW BOARD.
A. Establishment and Purpose.
There is hereby created a Town Center Review Board for the purpose
of;
(1) Promoting the preservation of the unique historically and
archaeologically significant structures and sites within the Town
Center area and the Town of Superior Historical District(s), and
(2) acting as an advisory board to the Town Council in matters
pertaining to the designation of sites, districts, and structures
within the Town limits as historically and/or archaeologically
significant, and
(3) providing the plan review and approval for all preservation,
rehabilitation, restoration, or reconstruction of buildings within
the Town Center area, Historic District(s) or historically designated
sites, and
(4) to insure that the construction of new structures within the
Town Center area or within Historic District(s) shall be in harmony
with the historical character as well as all Town Center requirements
or historic district requirements.
B. Membership.
The Board shall consist of no fewer than five (5) nor more than
seven (7) members, who shall be appointed by, and serve at the
pleasure of, the Town Council. The members of the Board shall
serve without compensation.
Members shall meet the following qualifications:
1. All members shall have demonstrated interest and/or experience
in or knowledge of the history of the community and the preservation
of its historic and prehistoric past.
2. To the extent available in the community, at least two professionals
from the disciples of architecture, architectural history, planning,
archaeology, or historic preservation disciplines such as cultural
geography should be members of the Board. If a field is not represented
by a Board member, the Board must obtain expertise in the field
when considering National Register nominations and other actions
that will impact properties that are normally evaluated by a professional
in that field (le., archaeological sites should be evaluated by
a professional archaeologist).
3. To the extent available in the community, at least one (1)
member should be a licensed building contractor or journeyman
building trades craftsman with demonstrated interest in the techniques
involved in the preservation of historic structures.
4. To the extent available in the community, at least one (1)
member shall also be a member of the Superior Historical Society.
5. Whenever feasible, at least one (1) member shall be the owner
of a designated site or structure within a designated district.
C. Terms of Office-Staggered Terms.
The members of the commission shall be appointed by the Mayor
subject to the approval of the Council. These appointments
shall be for a period of three (3) years each, with the terms
of members so staggered that the terms of no more that three
(3) members shall expire in any one (1) year. The initial
appointments shall be for two (2) members with terms beginning
on June 1, 2003 and expiring on May 31, 2004; for two (2)
members with terms beginning on June 1, 2003 and expiring
on May 31, 2005’ and for three (3) members with terms
beginning on June 1, 2003 and expiring on may 31, 2006. Thereafter,
all members shall be appointed for full three (3) year terms,
except that in the event if death or resignation of a member,
the vacancy may be filled for the unexpired term. The term
of all members shall extend until their successors are qualified’ except
that three successive unexcused or unexplained absences from
any regular or special meeting shall be grounds for termination
at the will and pleasure of the appointing authority without
the necessity of a hearing of notice and such action shall
be final.
D. Organization of Town Center Board.
1. Chairpersons:
The Board shall elect a chairperson and vice-chairperson from
among its own members at the first meeting held in each calendar
year. The chairperson shall preside at allmeetings. The vice-chairperson
shall perform the duties of the chairperson in the latter’s
absence or disability. The Clerk of the Board shall be a member
of the Town staff appointed by the Town Manager, and is not a
voting member of the Board.
2. Meetings:
Meetings of the Board shall be open to the public, the minutes
of the proceedings, showing the votes of each member and records
of it examinations and other official actions shall be kept and
filed in the office of the Town Clerk as a public record. The
Board shall meet at least four (4) times each year.
3. Quorum:
Four (4) members of the Board shall constitute a quorum for the
transaction of business. The affirmative vote of at least the
majority of the quorum present and voting shall be required 10
pass a motion. A member may abstain from voting only upon a declaration
that he/she has a conflict of interest, in which case such member
shall take no part in the deliberation on the matter in question.
4. Rules and Regulations:
The Board shall adopt and publish rules and procedures necessary
for the conduct of its business, subject to review by the Town
Attorney and approval by the Town Council.
E. Duties.
In addition to any authority granted to the Board by Arizona law
or this ordinance, the Board shall have the following powers and
duties:
1. Shall review all building and demolition permit applications
for the modification, addition, alteration, movement, demolition,
or new construction of all existing or proposed structures within
the Town Center area and/or the Town of Superior Historic District(s).
The specific guidelines to be used by the Board in its review
shall be those outlined in the "Secretary of the Interior's
Standards for the Treatment of Historic Properties 1995" or
subsequent editions thereof.
2. The Board shall recommend to the Mayor and Council the approval
or denial of building permits for the modification, addition,
alteration, movement, demolition, or new construction of all existing
or proposed structures within the Town Center area and/or the
Town of Superior Historic District(s) in accordance with those
procedures herein set forth.
3. The Board shall review all applications for designation and
nominations to the National Register of Historic Places, and make
recommendations for approval or denial to the Mayor and Council.
4.
May recommend to the Mayor and Town Council acquisition by the
Town of structures, sites, or easements for maintenance or repair
for preservation purposes where private preservation is not feasible.
5. Shall initiate and conduct, in a methodical manner, an update
of the previous historical studies or surveys for the entire area
in an effort to identify, inventory, and recommend designation
for all those structures, sites, and districts of historical and/or
archeological significant found, with the understanding, however,
that the Board may not engage consultants or incur costs related
to such studies and/or surveys without the prior consent of the
Council.
6. The Board shall work in close cooperation with the State Historic
Preservation Office under the directives of 36 CFR 61.4(8) and
any other applicable code and shall prepare an annual report of
its activities to be submitted to the Mayor and Council and the
State Historic Preservation office.
7. The Commission may, with the consent of the Mayor and Council,
engage such consultants and advisors as it deems necessary to
assist and advise it in carrying out its assigned duties.
F. Exemptions to Board Review.
The following improvements shall not require review by the Town
Center Review Board in order to obtain a building or demolition
permit:
1. Emergency repairs which are needed to preserve the structural
integrity of the structure. This exemption will, however, only
be granted in case of an actual emergency as certified by the
Town Manager.
2. Emergency demolitions which are required to preserve the health,
safety, and welfare of the citizens of the Town of Superior. These
emergencies shall also be certified by the Town Manager.
G. Additional Requirements.
In addition to the requirements for plans and other details which
the Town has for issuing a building or demolition permit,
the Town Center Review Board may require the following:
1. A plan drawn to scale, which shows the locations of all existing
structures on the property and the location of all proposed changes;
a plan showing the location of all existing and proposed parking
areas, driveways, and easements; a plan showing the prevailing
setbacks of existing structures within the block; other information
deemed necessary by the Board.
2. Drawings showing all elevations of the proposed changes or
of the proposed new construction.
3. A street scene elevation, including the elevations of the immediately
adjacent structures, which depict the building proportions, facades,
materials, and the rhythm of the street wall;
4. A cost/benefit analysis of a proposed project or demolition.
Article III - Zoning Procedures
SEC. 3.0 GENERAL PROCEDURAL REQUIREMENTS.
A. Application Process.
The purpose of this Article is to provide procedures for the various
requests for amendments to the text of this Ordinance, amendments
to the Official Zoning Map(s), Conditional Use Permits, Variances
or appeals, and Site Plan Review. The specific procedures followed
in reviewing the various applications differ. Generally, the procedures
for all applications have three common elements:
(1) Submittal of a completed Town application, including required
fee payment along with appropriate information;
(2) Review of the submittal by appropriate Town staff, agencies,
commissions, and boards; and
(3) Action to approve, approves with conditions, or denies the
application.
1. Pre-application Conference:
The applicant shall meet with the Zoning Administrator to discuss
the nature of the proposed application, application submittal
requirements, procedure for action and the standards for evaluation
of the application.
2. Sketch Plan:
The applicant, at the time of the pre-application conference,
shall provide the Zoning Administrator with a sketch plan depicting
the boundaries of the property requested for rezoning and a tentative
development proposal for the property.
3. Complete Submittal:
The applicant shall submit the required materials to the Zoning
Administrator. Only complete applications shall be accepted.
B. Planning Commission. The Planning Commission shall hold regularly
scheduled public hearings to receive and review public input on
those items required by this Ordinance. On those items where it
has review authority, the Commission shall recommend that the
Town Council approve, approve with conditions or deny applications.
Planning Commission decisions and recommendations shall be based
on consideration of the following evidence and analysis:
1. Conformance with this Ordinance;
2. Conformance to the Superior General Plan and other adopted
plans;
3. Staff recommendations;
4. Review agency input;
5. Public input and testimony received at the hearing; and
6. Effects of the proposal on the neighborhood, area, and community-at-°©large.
C. Records.
The Town shall provide for minutes to be written and retained,
shall record the evidence submitted, and shall include a summary
of the consideration and the action of the Planning and Zoning
Commission.
D. Town Council.
The Town Council shall hold regularly scheduled public hearings
to act upon all items required by this Ordinance. The Town
Council shall decide whether or not to approve, approve with
conditions or deny any applications. Action on those items
heard will be based on consideration of evidence presented
including, but not limited to, the following:
1. Planning and Zoning Commission recommendations;
2. Conformance with this Ordinance, the Superior General Plan,
and other adopted plans, standards and policies;
3. Staff recommendations;
4. Review agency input;
5. Public input and testimony received at the hearing; and
6. Effects of the proposal on the neighborhood, area, and community-at-
large.
E. Scope of Action.
The reviewing body may take any action on the application that
is consistent with the notice given, including approval of
the application, conditional approval of the application
or denial of the application. The reviewing body may allow
amendments to the application if the effect of the amendments
is to allow a lesser change than that requested on the original
application or to reduce the impact of the development or
to reduce the amount of land involved from that indicated
in the notices of the hearing. The reviewing body shall not,
in any case, permit a greater amount of development, or a
use falling in a different general use category, or a larger
land area than indicated in the original application, or
a greater variance than was indicated in the notice.
SEC. 3.1 NOTIFICATION FOR PUBLIC HEARINGS.
A. Notification of public hearing(s) required for zoning text
amendments, zoning amendments (rezoning), use permits, and
variances shall be provided as set forth in A.R.S. §9-462.04
and herein described. The Planning Commission shall hold
a public hearing on any zoning ordinance. Notice of the time
and place of the hearing including a general explanation
of the matter to be considered and including a general description
of the area affected shall be given at least fifteen (15)
days before the hearing in the following manner:
1. The notice shall be published at least once in a newspaper
of general circulation published or circulated in the town and
shall be posted on the affected property in such a manner as to
be legible from the public right-or-way. A posted notice shall
be printed so that the following are visible from a distance of
one hundred (100) feet; the word "zoning," the present
zoning district classification, the proposed zoning district classification
and the date and time of the public hearing.
2. In proceedings involving rezoning of land which abuts other
municipalities or unincorporated areas of the county or a combination
thereof, copies of the notice of public hearing shall be transmitted
to the planning agency of such governmental unit abutting such
land. In addition to notice by publication, the Town may give
notice of the hearing in such other manner as it may deem necessary
or desirable.
3. In proceedings that are not initiated by the property owner
involving rezoning of land which may change the zoning classification,
notice by first class mail shall be sent to each real property
owner, as shown on the last assessment of the property, of the
area to be rezoned and all property owners, as shown on the last
assessment of the property, within three hundred feet of the property,
to be rezoned.
4. In proceedings involving one or more of the following proposed
changes or related series of changes in the standards governing
land uses, notice shall be provided in the manner prescribed by
paragraph 5 of this section:
a.
A ten percent (10%) or more increase or decrease in the number of square
feet or units that may be developed.
b.
A ten percent (10%) or more increase or reduction in the allowable
height of buildings.
c.
An increase or reduction in the allowable number of stories of buildings.
d.
A ten percent (10%) or more increase or decrease in setback or open
space requirements.
e. An increase or reduction in permitted uses.
5. In proceedings governed by paragraph 4 of this subsection,
the town shall provide notice to real property owners pursuant
to at least one of the following notification procedures:
a. Notice shall be sent by first class mail to each real property
owner, as shown on the last assessment, whose real property is
directly governed by the changes.
b. If the town issues utility bills or other mass mailings that
periodically include notices or other informational or advertising
materials, the town shall include notice of such changes with
such utility bills or other mailings.
c. The town shall publish such changes prior to the first hearing
on such changes in a newspaper of general circulation in the town,
The changes shall be published in a ‘1display ad” covering
not less the one-eighth (1/8) of a full page.
6. If notice is provided pursuant to subparagraphs 5 (b) or 5 (c)
of this subsection the town shall also send notice by first class
mail to persons who register their names and addresses with the
town as being interested in receiving such notice, The town may
charge a fee not to exceed five (5) dollars per year for providing
this service and may adopt procedures to implement this provision.
7. Notwithstanding the notice requirements set forth in paragraph
5 of this section, the failure of any person or entity to receive
notice shall not constitute grounds for any court to invalidate
the actions of the Town for which the notice was given.
SEC. 3.2 ZONING TEXT AMENDMENT and ZONING CHANGES.
A. Purpose.
In accordance with the provisions of Arizona State Law, the Town
Council may from time to time adopt text amendments to this Ordinance
and/or amend the Official Zoning Map(s). Such amendments or changes
may be initiated by the Town Council, Planning Commission, or
Town staff.
B. Application.
Before any applications are accepted by the Town, the petitioner
shall schedule a pre-application meeting. The purpose of
the pre-application meeting is to discuss, in general, the
procedures and requirements for either a zoning text amendment
or a zoning change (rezoning) pursuant to these regulations.
All applications shall be filed on a form provided by the
Town and shall be accompanied by the required fee and all
required materials as outlined in this Ordinance. Depending
upon the specifics of the amendment or rezoning, additional
materials or studies may be required by the Town in order
to adequately review the application.
C. Initiation of Ordinance Text Amendment.
Any person may request an amendment of the text of the Ordinance,
after a pre-application meeting is held, by filing a completed
application and submitting the required fee with the Town.
The application must state the exact section of this Ordinance
proposed for amendment, the proposed substitute wording,
and the reasons for requesting the amendment Graphic material
should also be submitted if it will assist in understanding
the benefits of the amendment.
D. Initiation of a Rezoning.
An owner of real properly within the Town, or that owner's authorized
representative, may, upon proof of ownership, apply for a change
in .zoning district boundaries (rezoning) for that ~~downer's
properly. Such amendments also may be initiated by the Planning
Commission, Town staff and the Town Council. In the case were
the rezoning application filed by a party other than the Planning
Commission, Town staff or Town Council includes other properly,
in addition to that owned by the petitioner, the application shall
include the signatures of the real properly owners representing
at least seventy-five (75%) percent of the land in the area proposed
to be changed.
E. Submittal Requirements. All zoning amendments (rezoning) applications shall
include at a minimum the following information:
1. A map showing the particular properly or properties for which
the rezoning application is being requested and the adjacent properties,
buildings and structures, land uses, and public streets and ways
within a radius of three hundred (300) feet of the exterior boundaries
thereof.
2. A preliminary development plan which at a minimum shall include
the following:
a. A site plan drawn to scale and in such a manner as to indicate
clearly and precisely what is planned for the subject properly;
Lot dimensions and topography, showing existing, as well as, proposed
grades and drainage systems with natural and manmade features
with indication as to which are being retained and which are to
be altered or removed.
b.
All buildings and structures existing and proposed.
c. Proposed block layout, street system, street dedications, improvements
and utility plans.
d. Proposed reservation for parks, parkways, playgrounds, recreation
areas, pedestrian access and other open space.
e. Off-street parking facilities including number of spaces and
dimensions of parking area, loading bays and service access drives.
f. Proposed landscaping, including the native vegetation that
will be salvaged, walls and fences, outdoor lighting, signs, and
outdoor storage and activities.
3. The Town reserves the right to require additional information
and material, and to require the submission of studies in order
to adequately review the request.
F. Procedures.
1. A pre-application conference shall be scheduled by the applicant
with the Zoning Administrator to discuss the proposal.
2. The petitioner shall submit a completed application, the required
fees, and all materials and studies related to the development
plan or the proposed text amendment.
3. Once the Zoning Administrator has determined that the application
package is complete and all necessary information has been submitted,
the application will be forwarded to the appropriate reviewing
agencies for comments and a public hearing will be scheduled.
4. Notification of the public hearing shall be provided as set
forth in A.R.S. §9-462.04 and Sec 3.1 of this Ordinance.
A public hearing shall be conducted by the Planning Commission
in accordance with the requirements of A.R.S. §9-462.04.
5. The Planning Commission shall render a decision in the form
of a written recommendation for approval, approval with conditions,
or denial of the petitioned rezoning or zoning text amendment.
The recommendation shall then be forwarded to the Mayor and Council.
6. After the Planning Commission’s public hearing, the Town
Council may adopt the recommendation of the Planning Commission
without holding a second public hearing provided there is no objection,
request for public hearing, or other protest.
7. The Town Council shall approve, approve with conditions, or
deny the text amendment or rezoning request. Approval of a petition
to rezone land may not be enacted as an emergency measure and
the rezoning shall not become effective for at least 30 days after
Town Council approval.
8. When a rezone application is accompanied by an application
for a conditional use permit or subdivision plat approval such
dual applications may be processed and reviewed concurrently.
If the proposed rezoning is inconsistent with the General Plan – General
Land Use Plan, an application for an amendment to the General
Land Use Plan shall be submitted by the applicant in accordance
with ARS. §9-461.06 and Sec. 3.6 of this Ordinance.
G. Protest.
The majority of votes, three-fourths (3/4), prescribed by ARS. § 9°©462.04.G,
shall be required if a protest petition is filed in accordance
with said statute. The protest petition shall be filed in writing
with the Town Clerk at or before noon on the date of the Town
Council hearing.
H. Subsequent Applications.
In the event that an application for amendment is denied by the
Town Council or that the application is withdrawn after the Planning
Commission hearing, the planning Commission shall not accept another
application for the same amendment within one year of the original
hearing unless agreed to by a super majority (%) vote of the Commission.
SEC. 3.3 CONDITIONAL USE PERMITS.
A. Purpose.
Conditional uses are those uses which are generally compatible
with the land uses permitted by right in a zoning district, but
which require individual review of their location, design and
configuration and the imposition of conditions in order to ensure
the appropriateness of the use at a particular location within
a given zoning district.
B. Application.
1.
Only those uses that are enumerated as conditional uses in a zoning
district, as set forth in this Ordinance, shall be authorized by the
Town Council. A conditional use permit shall not be required for a
use allowed as a permitted use in a given zoning district. No conditional
use shall be established until a site plan has been approved in accordance
with the provisions of this Article.
2. Before any applications are accepted by the Town, the applicant
shall schedule a pre-application meeting. The purpose of the pre-°©application
meeting is to discuss, in general. The procedures and requirements
for a conditional use permit pursuant to these regulations. All
applications shall be filed on a form provided by the Town and
shall be accompanied by the required fee and all required materials
as outlined in this Ordinance. Depending upon the specifics circumstances
of the use additional materials may be required by the Town in
order to adequately review the application.
C. Submittal Requirements.
All conditional use permit applications shall comply with the
submittal requirements outlined in Sec. 3.2 E. of this Ordinance.
D. Procedures.
All conditional use permits shall be processed in accordance with
Sec. 3.2 F. of this Ordinance.
E. Approval Criteria:
As may be specified within each zoning district, uses permitted
subject to a conditional use permit shall be permitted only
after review and approval by the Planning Commission and
the Town Council and only if the applicant demonstrates that:
1. The proposed conditional use shall be in compliance with all
regulations of the applicable zoning district, design standards,
or general provision requirements of this Ordinance.
2. The establishment, maintenance, or operation of the proposed
use shall not be detrimental to the health, safety, and general
welfare of occupants of surrounding land nor be noxious or offensive
by reason of vibration, noise, odor, dust, smoke or gas.
3. The proposed use shall not burden the existing and anticipated
traffic conditions including parking facilities on adjacent streets
and land.
4. The proposed use shall not impede the orderly development and
improvement of surrounding property and shall be in conformance
with the General Plan adopted by the Town.
F. Validity Limit.
1. Approval shall become effective immediately.
2. If an application is denied, the denial shall constitute a
finding that the applicant has not shown that the conditions required
for approval do exist. No application for a Conditional Use Permit
which has been denied wholly or in part shall be resubmitted for
a period of one (1) year from the date of said order of denial,
unless agreed to by a super majority (3/4) vote of the Commission.
SEC. 3.4 TEMPORARY USE PERMITS.
A. Purpose.
The Temporary Use Permit is a mechanism by which the Town may
allow a use to locate within the Town on a short-term basis and
by which it may allow seasonal or transient uses not otherwise
allowed.
Permissible temporary uses are outlined in Sec. 13.14 of this
Ordinance.
Prior to conducting or establishing a temporary use, approval
of a Temporary Use Permit by the Town Council is required.
B. Application.
1. Before any applications are accepted by the Town, the applicant
shall schedule a pre-application meeting. The purpose of the pre°©-application
meeting is to discuss, in general, the procedures and requirements
for a temporary use permit pursuant to these regulations. All
applications shall be filed on a form provided by the Town and
shall be accompanied by the required fee and all required materials
as outlined in this Ordinance. Depending upon the specific circumstances
of the temporary use additional materials may be required by the
Town in order to adequately review the application.
2. Every temporary use permit issued shall be applicable only
to the specific use, specific person, entity or organization,
and to the specific property for which it is issued.
C. Submittal Requirements.
All temporary use permit applications shall comply with the submittal
requirements outlined in Sec. 3.2 E. of this Ordinance as applicable.
D. Procedures.
All temporary use permits shall be determined by the Town Council
directly after proper notification as prescribed in Sec. 3.1 of
this Ordinance.
E. Approval Criteria.
The Town Council may approve an application for a Temporary Use
Permit based on the review criteria outlined in Sec. 13.14. B.
of this Ordinance.
SEC. 3.5 VARIANCES and APPEALS.
A. Purpose.
In accordance with the provisions of Arizona State Law, the Town
Council may sit as the Board of Adjustment. The Board of Adjustment
may decide appeals of administrative interpretations and decisions
as well as authorize a departure from the terms of the zoning
regulations but not to the permitted uses.
B. Application. Before any applications are accepted by the Town,
the petitioner shall schedule a pre-application meeting. The purpose
of the pre-°©application meeting is to discuss, in general,
the procedures and requirements. A request for variance shall
be made by filing an application with the Zoning Administrator
and paying the required application fee. The application shall
be accompanied by a development plan showing such information
as the Zoning Administrator may reasonably require for purposes
of this Ordinance. The plans shall contain sufficient information
for the Board to make a proper decision on the matter. In all
cases, the application shall address the following hardship criteria:
1. Existence of special circumstances or conditions regarding
the land, building or use referred to in the application which
do not apply to other properties in the district
2. The above special circumstances or conditions are preexisting
and are not created or self-imposed by the owner or applicant.
3. The Variance is necessary for the preservation of substantial
property rights. Without a Variance the property cannot be used
for purposes otherwise allowed in this district.
4. The authorizing of the variance will not be materially detrimental
to persons residing or working in the vicinity, to adjacent property,
or to the neighborhood or the public welfare.
C. Approval Criteria.
1. Appeal of Decision:
In an appeal to the Board regarding an administrative decision
or interpretation, the Board’s scope of review shall be
limited to determining whether the decision or interpretation
by the Zoning Administrator was in accordance with the intent
and requirements of this Ordinance. Accordingly, the Board may
reverse or affirm, wholly or partly, or modify the order, requirement
or decision of the Zoning Administrator.
2. Variance Requests:
A variance is not a right. It may be granted to an applicant only
if the applicant establishes compliance with the hardship criteria
established in ARS. §9-462.06 and in Sec 3.4.B of this Ordinance.
Pursuant to State Statutes, the Board may not:
a. Make any changes in the uses permitted in any zoning classification
or zoning district.
b. Grant a variance if the special
circumstances applicable to the property are self-imposed by the property
owner.
D. Public Hearing.
A hearing shall be held on the variance request with notification
of the public hearing in compliance with ARS. §9-462.04
and Sec. 3.1 of this Ordinance.
E. Validity Limit.
Rights and privileges established by the granting of a variance
shall be exercised within one year following the date of approval
unless a different time limit is specified by the Board at the
time the variance is granted. Failure to exercise a variance within
the time limits specified shall cause the variance to become null
and void.
SEC. 3.6 SITE PLAN REVIEW.
A. Purpose.
The purpose of the site plan regulations are to promote the safe,
functional and aesthetic development of property and to ensure
that new structures, utilities, streets, parking, circulation
systems, lighting, signage, landscaping, yards and open spaces
are developed in conformance with the standards of this Ordinance,
and the General Plan. The site plan review shall consider the
proposed development and the relationship of the project to adjacent
developments, the surrounding neighborhood, and the community.
B. Application.
1. Site Plan Review shall be required for the development and
construction of all proposed new developments that are of a multiple
residence, commercial, and industrial use and those projects located
within the "Town Center District". If the proposed development
requires a zoning change (rezoning), the site plan shall be submitted
with the rezoning application and considered concurrently. For
proposed developments which do not require rezoning, the site
plan shall be submitted prior to any construction or development.
2. Before any applications are accepted by the Town, the applicant
shall schedule a pre-application meeting. The purpose of the pre°©-application
meeting is to discuss, in general, the procedures and requirements
for the site plan review pursuant to these regulations. AU applications
shall be filed on a form provided by the Town and shall be accompanied
by the required fee and all required materials as outlined in
this Ordinance. Depending upon the specifics circumstances of
the development additional materials may be required by the Town
in order to adequately review the application.
C.
Submittal Requirements.
All
site plan review applications shall comply with the submittal requirements
outlined in Sec. 3.2 E. of this Ordinance.
D. Procedures.
All site plan review applications shall be processed in accordance
with Sec. 3.2 F. of this Ordinance.
E. Scope of Action:
1. Approval shall become effective immediately.
2. A site plan approval pursuant to these provisions shall run
with the land and shall continue to be valid upon a change of
ownership of the site or structure which was the subject of the
application.
3. After approval of a site plan by the Town Council, modifications
to the site plan may be approved by the Zoning Administrator,
when it is determined that the modifications are minor, such as
minor dimensional changes and building configurations.
4. Any modifications to a site plan, which has been approved by
the Town Council, that is considered a major modification by the
Zoning Administrator, such as changes in uses or densities, encroachments
into required yards, or other major changes, shall be returned
to the Town Council through the procedure described in this section
for the original Site Plan Review.
5. A “Certificate of Occupancy” shall not be issued
if development activities do not conform to the approved site
plan.
SEC. 3.7 GENERAL PLAN AMENDMENT.
A. Application:
1. In accordance with the provisions of Arizona State Law, the
Town Council may update and amend the Town of Superior General
Plan. Such amendments or changes may be initiated by the Town
Council, Planning Commission, and Town Staff or by a property
owner or his/her designated representative. By resolution, the
Town Council may establish a schedule prescribing when and how
frequently General Plan Amendments will be considered.
2. Before any applications are accepted by the Town, the applicant
shall schedule a pre-application meeting. The purpose of the pre-application
meeting is to discuss, in general, the procedures and requirements
for the General Plan Amendment pursuant to these regulations and
the Town of Superior General Plan. All applications shall be filed
on a form provided by the Town and shall be accompanied by the
required fee and all required materials as outlined in this Ordinance.
Depending upon the specifics circumstances of the amendment additional
materials may be required by the Town in order to adequately review
the application.
B. Procedures.
An application for a General Plan Amendment shall be processed
and public hearings be held in accordance with the Arizona Revised
Statutes.
C. Approval Criteria.
In determining whether the proposed amendment shall be approved,
the Commission and Town Council shall consider the following factors:
1. The development pattern contained in the land use plan inadequately
provides appropriate optional sites for the use proposed in the
amendment
2. That the amendment constitutes an overall improvement to the
Town of Superior general Plan and is not solely for the good or
benefit of a particular landowner or owners at a particular point
in time.
3. That the amendment will not adversely impact the community
as a whole or a portion of the community by:
a. Significantly altering acceptable existing land use patterns.
b.
Adversely impacting existing uses clue to increased traffic on existing
systems.
c.
Affecting the livability of the area or the health and safety of the
residents.
4. That the amendment is consistent with the overall intent of
the
General Plan.
5. Whether events subsequent to the General Plan adoption have
changed the character and/or condition of the area so as to make
the application acceptable.
Article IV – Zoning Districts and Maps
SEC. 4.0 PURPOSE.
The Town is hereby zoned and divided into zoning districts and
overlay districts. The purpose of establishing these districts
is:
A.
To implement the goals, objectives, and policies of the Superior General Plan;
B. To conserve and promote the public health, safety and general
welfare;
C. Encourage the most appropriate use of land throughout the Town
and to insure logical and orderly growth and development of the
physical elements of the Town;
D.
Conserve and enhance the economic, social, and aesthetic values of
the Town;
E. Protect and maintain the integrity and character of the established
neighborhoods, the historic buildings, and the natural scenic
resources of the Town.
SEC. 4.1 ESTABLISHMENT of ZONING DISTRICTS.
A. In accordance with the requirements of AR.S. §9462.01.B,
that zoning regulations be by districts, the Town of Superior,
as shown on the Official Zoning Map accompanying this Ordinance
and incorporated herein by this reference, is hereby divided into
the following zoning districts and overlay districts:
1.
Single Residence Districts:
Rl-190 Estate
Residential Zoning District - minimum 190,000 square feet (5 acres)
per dwelling unit.
R1-108 Estate Residential
Zoning District - minimum 108,900 square feet (2 1/2 acres) per
dwelling unit.
RI-43 Estate
Residential Zoning District - minimum 43,560 square feet (1 acre)
per dwelling unit.
RI-15 Suburban
Residential Zoning District - minimum 15,000 square feet per dwelling
unit.
R1-12 Suburban
Residential Zoning District - minimum 12,000 square feet per dwelling
unit.
R1-8 Urban Residential Zoning District - minimum 8,000 square feet per dwelling unit.
R1-6 Urban Residential Zoning District - minimum 6,000 square feet per dwelling unit.
2. Multiple Residence Districts:
R-2 Multiple
Residential Zoning District
(8 units per acre)
R-3 Multiple
Residential Zoning District
(20
units per acre)
3. Commercial Districts:
C-1 Neighborhood
Commercial Zoning District
C-2 General
Commercial Zoning District
4. Town Center District:
TC Town
Center District
5. Industrial Districts:
I-1 Garden
Industrial Zoning District
1-2 General
Industrial Zoning District
6. Open Space Conservation and Recreational Districts:
OSC Open
Space Conservation District
OSR Open
Space Recreational District
7. Overlay Districts:
MN Manufactured
Home Overlay District
PAD Planned
Area Development Overlay District
DMP Development
Master Plan Overlay District
B. Additional zoning districts may be added from time to time
upon the recommendation of the Planning Commission to the Town
Council. Proposed changes to the zoning district regulations or
the Official Zoning Map, including the addition of new districts,
may be submitted by the Planning Commission, Town staff, Town
Council, or any other interested party.
C.
Uses not listed as a permitted use or a conditional use within the
applicable zoning district regulations herein shall be prohibited.
D. If a-use does not conform to the uses designated as permitted
uses within the zoning district, the applicant may submit an application
for an amendment to the Official Zoning Map and/or the text of
the Zoning Ordinance, or an interpretation of district boundaries
or permitted uses pursuant to Article III of this Ordinance.
SEC. 4.2 ZONING MAP.
A. The locations and boundaries of zoning districts shall be designated
on a map or maps entitled Official Zoning Map(s) of the Town of
Superior. The Official Zoning Map(s), dated and signed by the
Mayor and Town Clerk, is hereby declared a part of this Zoning
Ordinance.
B. The Official Zoning Map(s) shall be located in the office of
the Zoning Administrator and a copy shall be kept on file with
the Town Clerk. Any changes thereto shall be clearly shown on
the Official Zoning Map (5) when officially adopted by the Town
Council.
SEC. 4.3 DISTRICT BOUNDARIES.
A. The zoning district boundary lines are intended to follow street,
alley, lot, or property lines as they exist at the effective date
of this Ordinance, except where such district boundary lines are
fixed by dimensions shown on the Zoning Map(s), in which case
such dimensions shall govern. In cases where these lines are not
used, the zoning district lines shall be determined by using the
scale of the Official Zoning Map. If a parcel of land is divided
by a zoning district boundary line at the time of the enactment
of this Ordinance or by subsequent amendments thereto, the appropriate
standards and uses for each zone shall apply on the portion of
the parcel covered by that zone.
B. Any dispute as to the boundary or location of property within
a zoning district shall be resolved in accordance with Article
III of this Ordinance.
C. Conditions imposed by special ordinance in conjunction with amendments
to the Zoning Map(s) are thereon referenced to separate files
maintained in the office of the Zoning Administrator and are hereby
made a part of the Zoning Map(s).
SEC. 4.4 ESTABLISHING TOWN ZONING IN ANNEXED AREAS.
Unincorporated areas annexed by the Town shall assign at the time
of annexation, or shortly thereafter, a similar Town zoning
classification. Town zoning designations should be included
as a part of the annexation ordinance.
Article V – Single Residence Zoning Districts:
R1-190, R1-108, R1-43, R1-12, R1-8, R1-6A, and R1-6
SEC. 5.0 PURPOSE:
The Single Residence Districts are designed to provide for a wide
range of single residence land uses. The purpose of these districts
is to protect the stability of existing neighborhoods and to encourage
desirable new residential developments, encompassing the many
lifestyles and areas of Town, from large rural estate development
to urban/cluster development It is also the intent of these Districts
to accommodate the needs of single residence neighborhoods by
providing for associated, limited, non-residential uses, including
religious, educational and recreational facilities. The Single
Residential Districts are further delineated in the following
categories:
A. Estate Residential Zoning Districts.
1. Rl-190 and RI-I08.
Estate Residential Zoning District - minimum 190,000 (5 acres)
and 108,900 (21h acres) per dwelling unit respectively.
The purpose of these zoning districts is to conserve and protect
open space land uses, foster orderly growth in steep topography,
and prevent urbanization of significant topographical areas with
native desert vegetation. The intent of these districts is to
encourage large lot, residential subdivisions and to allow for
limited residential development in environmentally sensitive area,
including flood plains, steep slopes which may contain unstable
rock and soils, areas of significant vegetation, and other sensitive
conditions.
2. Rl-43.
Estate Residential Zoning District - minimum 43,560 square feet
(1 acre) per dwelling unit.
The purpose of this zoning district is to provide for and conserve
existing rural residential uses in their present or desired character,
foster orderly growth in rural areas, promote open space land
uses, and prevent urbanization in areas having unique or significant
native desert vegetation whereby large lot residential uses would
be most compatible. The intent of this district is to encourage
areas where semi-estate residential uses can be maintained and
to provide a transition buffer between the estate and suburban
residential land uses.
B. Suburban Residential Zoning Districts.
1. R1-15
and R1-12
Suburban Residential Zoning District - minimum 15,000 and 12,000
square feet per dwelling unit respectively.
The purpose of these zoning districts is to provide for and preserve
suburban-type, residential uses and characteristics associated
with medium lot residential development. The intent of this district
is to encourage further transition to urban-type single residence
uses from the estate residential areas.
C. Urban Residential Zoning Districts.
1. R1-8
Urban Residential Zoning District - minimum 8,000 square feet
per dwelling unit.
The purpose of this zoning district is to provide for medium density
urban-type detached single residence development in areas where
adequate public facilities and services are available. The intent
of this district is to encourage a traditional neighborhood environment.
2.
R1-6A
Urban Residential Zoning District - minimum 6,000 square feet
per dwelling unit.
The purpose of this zoning district is to promote and preserve residential
development of an urban density. The intent of the district is
to encourage an environment of detached, single residence housing,
with higher residential densities.
3. R1-6
Urban Residential Zoning District - minimum 6,000 square feet
per dwelling unit.
The purpose of this zoning district is to promote and preserve residential
development of an urban density. The intent of the district is
to allow the continuation of previous standards within the older
sections of the community while encouraging an environment of
detached, single residence housing, with higher residential densities.
SEC. 5.1 PERMITTED USES.
A. Permitted uses in the R1-190, R1-108, R1-43, R1-15, R1-12,
R1-8, R1-6A, and R1-6 Single Residence Districts shall be
only those uses listed as permitted by-right within the respective
zoning district. Permitted uses are subject to all other
applicable standards of this Ordinance. No building permit
shall be issued for a use, not specifically mentioned and
unless approval has been issued by the Town.
1. One (1) single detached dwelling unit per lot of record.
2.
Churches, including parish houses, parsonages, rectories, convents, and
dormitories accessory thereto.
3.
Public schools (K-12).
4.
Publicly owned libraries, parks, playgrounds, and community activity
buildings.
5.
Golf courses including club houses located thereon and unlighted driving
ranges but not including miniature golf courses.
6.
Cemeteries.
7.
Public and private forests and open space preserves.
8.
Utility services, but not including business offices, repair or storage
facilities, wastewater treatment plants, and generating plants.
9.
Satellite dish antennas for private residential use provided that they
are located within the required rear yard, are ground mounted, and
screened from public view.
10. Wireless communication towers and antennas provided that they
are located on property owned, leased, or otherwise controlled
by the Town of Superior.
11.
Publicly owned or operated fire stations, police stations, and post offices.
12. Home-based day care with no more than six (6) children.
13.
Assisted living facilities and group care homes for the elderly and handicapped,
provided that:
a. No such home is located on a lot that is within one thousand°© two
hundred (1,200) feet of another group home for the handicapped
and elderly care;
b.
No such home contains more than six (6) residents;
c. Such home is licensed by the State of Arizona Department of
Health Services;
d. Such home is registered with, and administratively approved
by the Town, as to compliance with the standards of this
Ordinance.
B. Additional uses in the R1-190, R1408, and R1-43 zoning districts.
1. Corral, barns, stables, and other similar structures, for the
keeping of horses and other livestock as accessory to a primary
residential use provided that such corrals and structures are
setback from all lot lines a distance of not less than forty (40)
feet and contain at least ten thousand (10,000) square feet of
area for each horse or head of livestock kept therein.
2. One (1) guest house may be permitted only after it has been
found to be in compliance with the following standards:
a. the
guest house must conform to at least minimum yard and intensity of
use regulations.
b. The
guest house may not exceed fifty (50) percent of the square footage
of the livable area of the primary structure with a maximum gross area
of 1,100 square foot.
c. The
guest house must be connected to all of the primary structure’s
utilities and meter.
d. The
guest house may not be used for any commercial or nonresidential uses.
SEC. 5.2 USES SUBJECT TO CONDITIONAL USE PERMIT.
A. Uses permitted in the R1-190, R1-108, R143, R1-15, R1-12, R1-8,
R1-6A, and R1-6 Single Residence Districts only after review and
approval of a Conditional Use Permit, in accordance with Section
3.3 of this Ordinance, shall be as follows. Conditional uses are
subject to all other applicable standards of this Ordinance and
those requirements that may reasonably be imposed by the Town
Council.
1. Private schools, with a curricula substantially the same as
customarily offered in public schools.
2. Wireless communication towers and antennas not on property
owned, leased, or otherwise controlled by the Town of Superior
as approved in accordance with the requirements of Article XVI
of this Ordinance.
3. Home occupations as prescribed in the General Provision section
of this Ordinance.
4. Bed and breakfast operations provided that the following standards
shall apply:
a.
No more than two (2) bedrooms per residence may be used for the
business.
b. No more than two (2) persons per room.
c.
One (1) off-street, non tandem parking space per bedroom.
5. Model homes or temporary sales office pertaining to the sale
of homes being constructed in the immediate subdivision. In the
review for a model home or sales office, the Town may consider
lighting, landscaping, hours of operation, signage, parking, duration,
and neighborhood impact. Approval may be granted for a two (2)
year period, or until all homes in the subdivision are under construction,
whichever occurs first.
6. Day care centers for the care of more than six (6) children.
7. Assisted living facilities and group care homes for the elderly
end handicapped for
more than six (6) residents, provided that:
a. No such home is located on a lot that is within one thousand°© two
hundred (1,200) feet of another group home for the handicapped
and elderly care;
b. Such home is licensed by the State of Arizona Department of
Health Services;
c. Such home is registered with, and administratively approved
by the Town, as to compliance with the standards of this Ordinance.
8. Athletic facilities and day care centers in conjunction with
a place of worship provided such activities are on the same lot
or contiguous lot.
9. Temporary uses such as revivals, carnivals, circus, auctions,
holiday or seasonal sales boutiques or tree lots when such uses
are located on property used for church or school purposes only.
B. Additional uses permitted in the R1-190, and R1-108 Single Residence
District subject to approval of a conditional use permit shall
be as follows:
1. Commercial riding stables and boarding stables provided the
site contains at least ten (10) acres and that such stables are
located at least one hundred (100) feet from any property line.
In the review for a commercial riding stables or boarding stable,
the Town may consider lighting, landscaping, hours of operation,
signage, parking, plan of operation, and neighborhood impact.
2. Plant nurseries and greenhouses.
SEC. 5.3 COMPLIANCE WITH OTHER PROVISIONS.
A. General Provisions: The general provisions in Article XIII
herein shall apply.
B. Parking regulations: The parking regulations are as provided
in Article XIV herein.
C. Outdoor Lighting: All outdoor lighting shall comply with Article
XV herein.
SEC. 5.4 DENSITY, AREA, BUILDING AND YARD REGULATIONS.
The chart which follows specifies the minimum lot sizes, minimum
lot width, maximum building heights, minimum yard setbacks,
maximum lot coverage percentages, and distance between buildings.
TABLE NO.1
Zoning Ordinance Summary - Single Residence Districts
Minimum Yard Setbacks
Lot
Distance Between Buildings
District
Area
(Sq. Ft.)
Width
(Feet)
Bldg.
Height
(Feet)
Coverage
Front
Side Street Side
Rear
RI-190
190,000
300
24
60
60&60
60
60
5%
6
R1-108
108,900
300
24
50
30&30
50
50
10%
6
RI-43
43,560
145
24
40
20 &20
40
40
15%
6
Rl-15
15,000
120
24
25
10 & 10
25
25
35%
6
RI-12
12,000
100
24
20
7 & 10
20
25
40%
6
Rl-8
8,000
80
24
20
5&10
20
25
40%
6
RI-6A
6,000
60
24
20
5&10
20
25
40%
6
RI-6
6,000
60
24
20
5&5
5
15
40%
6
Article VI – Multiple Residence Zoning Districts:
R-2 and R-3
SEC. 6.0 PURPOSE.
The Multiple Residence Districts are designed to provide for a
range of multiple residence land uses. The purpose of these districts
is to provide for multiple residential developments in locations
which are suitable and appropriate, taking into consideration
existing conditions, future land use needs, and the availability
of public services. It is intended that these Districts accommodate
a variety of dwelling types, including apartments, townhouses
or patio homes, and condominiums. The Multiple Residential Districts
are further delineated in the following categories:
A. Multiple Residential Zoning Districts.
1. R-2 Multiple Residential Zoning District - 8 dwelling units
per acre.
The purpose of this Zoning District is to provide a transition
from Single Residential Districts to more intensive land uses,
and to allow low-density multiple residence dwellings. Principal
uses permitted in this Zoning District include attached or detached
small condominium units, town-homes or patio homes, and the uses
permitted in the Single Residential Zoning.
2. R-3 Multiple Residential Zoning District - 20 dwelling units
per acre.
The purpose of this zoning district is to provide for high-density
multiple attached residence development in areas where adequate
public facilities and services are available. The intent of this
district is to encourage cluster style developments and the traditional
apartment developments incorporating unique design and exceptional
amenities.
SEC. 6.1 PERMITED USES.
A. permitted uses in the R-2 and R-3 Multiple Residence Districts
shall be only those uses listed as permitted by-right within the
respective zoning district. Permitted uses are subject to all
other applicable standards of this Ordinance. No building permit
shall be issued for a use not specifically mentioned and unless
approval has been issued by the Town.
1. One (1) single detached dwelling unit per lot of record.
2. Churches, including parish houses, parsonages, rectories, convents, and
dormitories accessory thereto.
3. Public schools (K-12).
4. Publicly owned libraries, parks, playgrounds, and community
activity buildings.
5. Golf courses including club houses located thereon and unlighted
driving ranges but not including miniature golf courses.
6. Wireless communication towers and antennas provided that they
are located on property owned, leased, or otherwise controlled
by the Town of Superior.
7. Home-based day care with no more than three (3) children.
8. Assisted living facilities and group care homes for the elderly
and handicapped, provided that they are stand alone facilities
and that:
a. No
such home is located on a lot that is within one thousand- two hundred
(1,200) feet of another group home for the
handicapped and elderly care;
b. Such
home is licensed by the State of Arizona Department of Health Services;
c. Such
home is registered with, and administratively approved by the Town,
as to compliance with the standards of this Ordinance.
SEC. 6.2 USES SUBJECT TO CONDITIONAL USE PERMIT.
A. Uses permitted in the R-2 and R-3 Multiple Residence Districts
only after review and approval of a Conditional Use Permit,
in accordance with Section 3.3 of this Ordinance, shall be
as follows. Conditional uses are subject to all other applicable
standards of this Ordinance and those requirements that may
reasonably be imposed by the Town Council.
1. Private schools with a curriculum substantially the same as
customarily offered in public schools.
2. Wireless communication towers and antennas not on property
owned, leased, or otherwise controlled by the Town of Superior
as approved
in accordance with the requirements of Article XVI of this Ordinance.
3. Home occupations as prescribed in the General Provision section
of this Ordinance.
4. Model units or temporary sales office pertaining to the sale
of units being constructed in the immediate subdivision. In the
review for a model unit or sales office, the Town may consider
lighting, landscaping, hours of operation, signage, parking, duration,
and neighborhood impact. Approval may be granted for a two (2)
year period, or until all units in the subdivision are under construction,
whichever occurs first.
5. Athletic facilities and day care centers in conjunction with
a place of worship, provided such activities are on the same lot
or contiguous lot
B. Uses permitted in the R-3 Multiple Residence District only
after review and approval of a Conditional Use Permit, in accordance
with Section 3.3 of this Ordinance, shall be as follows.
1. Recreational Vehicle (RV) parks in accordance with Sec. 13.15
of this Ordinance.
SEC. 6.3 DESIGN STANDARDS REQUIREMENTS.
A. Mechanical equipment, electrical meter and service components,
and similar utility devices, whether ground level, wall mounted,
or roof mounted, shall be screened from public view and designed
to appear as an integral part of the building.
B. The building materials of a project shall be durable, require
low maintenance, and be of a substantial quality.
C. All buildings shall incorporate 360° architecture, a variety
of massing and building heights, and stepping roof lines. Straight
roof lines should be varied by using offsets, differing heights,
stepping, or different orientations to produce more variety within
a development.
D. All of the exterior elevations of the structures shall provide
interest and relief and utilize architectural pop-outs/detailing,
recess windows, and overhanging eaves.
E. Open space equivalent to 100% of the 1" floor F.A.R. and
50% of the 3rd floor F.A.R. shall be required for each development.
Open space does not include parking areas.
F. All R-3 multiply residence developments shall provide amenities
for the residents use. Examples of such amenities are; playground/
tot lot, swimming pool, club house, health & fitness center,
tennis courts, basketball courts etc. The area utilized by these
amenities may be credited as open space.
SEC. 6.4 LANDSCAPE and SCREENING REQUIREMENTS.
A. Landscaping Requirements.
1. Landscaping may include trees, shrubs, ground covers, vines,
fountains, benches or other organic materials used for creating
an attractive appearance.
2. Plant specifications:
TREES - Where required by this Ordinance shall be a minimum of
fifteen (15) gallon size with forty percent (40%) of the required
number of trees to be twenty-four (24) inch box size or larger.
SHRUBS - Where required by this Ordinance shall be a minimum of
one (1) gallon size upon installation with fifty (50%) of the
required number to be five (5) gallon in size.
ORGANIC GROUNDCOVERS - Where required by this Ordinance shall
be a minimum of one (1) gallon size upon installation.
INORGANIC GROUNDCOVERS - Where required by this Ordinance shall
be used and consist of decomposed granite (minimum size 1⁄2” minus)
or turf in selected areas may also be considered. A drip irrigation
system shall be installed by approved standards.
3. Plant Quantities:
Arterial and Major Collectors. A minimum of 1 free and 3 shrubs
and/or organic groundcover shall be required for every 500 square
feet, or fraction thereof, of total landscape area; exclusive
of that portion of the public right-of-way occupied by a driveway
area.
Local and Neighborhood Street. A minimum of 1 tree shall be planted,
every 20 feet, or fraction thereof, depending on the width of
the canopy at maturity of the particular tree chosen.
Interior Property lines. A ten (10) foot wide landscaped strip
minimum shall be maintained along all interior property lines.
A minimum of 1 tree and 1 shrub shall be planted in this landscape
stripe very 20 feet, or fraction thereof, depending on the width
of the canopy at maturity of the particular tree chosen.
Common Open Space Area. There shall be provided a minimum of 1
tree and 2 shrubs in the common or open space areas for each dwelling
unit.
4. A Homeowner's or Property Owner's Association shall maintain
all landscape materials and landscaped areas, including that within
the public rights-of-way adjacent to the site, in accordance with
the approved landscape plan.
B. Screening Requirements.
1. Parking areas adjacent to the required front yard shall provide
a decorative screen wan or landscape berm or combination thereof
to a height not to exceed three (3) feet in order to adequately
screen the undercarriages of the parked vehicles.
2. A dense hedge row or other vegetative screening is encouraged
rather than the use of a perimeter wall when adjacent to a single
residence zoning district. If a perimeter wan is constructed it
shall be a maximum of six (6) feet in height and decoratively
treated on all sides to match the architectural style and design
of the development.
3. Trash and refuse collection locations shall be screened with
a six (6) foot decorative masonry wall; except that a maximum
of fifty (50%) of the required screening may be composed of live
vegetation provided that the vegetation is view obscuring and
a minimum of six (6) feet in height. Trash and refuse areas shall
be located such that they are not the visual focal point of a
driveway or parking area, or can not be viewed from a public street.
SEC. 6.5 COMPLIANCE WITH OTHER PROVISIONS.
A. General Provisions: The general provisions in Article XIII
herein shall apply.
B. Parking regulations: The parking regulations are as provided
in Article XIV herein.
C. Outdoor Lighting: All outdoor lighting shall comply with Article
XV herein.
SEC. 6.6 DENSITY, AREA, BUILDING AND YARD REGULATIONS.
The chart which follows specifies the minimum lot sizes, minimum lot width, maximum building heights, minimum yard setbacks, maximum lot coverage percentages, and distance between buildings.
TABLE NO.2
Zoning Ordinance Summary - Multiple Residence Districts
District
Lot Area
Area/du
Bldg
Minimum
Yard Setbacks
Lot
Distance
(Sq Ft)
Height
(Feet)
Front
Side
Street Side
•
Rear
Coverage
Between
Buildings
R-2
18,000
5,445
30
20a
5&10
lOa
25a
40%
15a
R-3
18,000
2,178
30
20a
5&10
lOa
25a
50%
15a
a. Or height of building, whichever is the greater.
Article VII – Commercial Zoning Districts:
C-1 and C-2
.SEC. Sec.
7.0 PURPOSE. The Commercial Districts are designed to provide
for a range of commercial land uses. The purpose of these districts
is to provide for commercial developments in locations which are
suitable and appropriate, taking into consideration existing Conditions,
future land use needs, and the availability of public services.
It is intended that these Districts accommodate a variety of uses
including neighborhood retail and services, specialty retail,
and general retail and services. The Commercial Districts are
further delineated in the following categories:
A. Commercial Zoning Districts.
1. C-l Neighborhood Commercial Zoning District:
The purpose of this Zoning District is to provide a location for
moderate scale, well designed professional offices and limited
indoor commercial and retail uses to serve a surrounding residential
neighborhood. The intent of this Zoning District is to insure
compatibility with adjoining residential neighborhoods, while
satisfying their daily commercial and service business needs.
2. C-2 General Commercial Zoning District:
The purpose of this Zoning District is to provide for general
business and commercial uses. The intent of this Zoning District
is to allow commercial uses to satisfy the needs of the community
while' providing for a broad range of commercial activities.
SEC. 7.1 PERMI1TED USES.
A. Permitted uses in the C-1 Neighborhood Commercial Zoning District
shall be only those uses listed provided that all activities are
conducted entirely within an enclosed building with no outside
storage or display and excluding drive-°©through windows.
Outdoor play areas in association with a daycare center, shall
be permitted. Permitted uses are subject to all other applicable
standards of this Ordinance. No building permit shall be issued
for a use not specifically mentioned and until site plan approval
has been granted by the Town.
1. Personal and household services, such as clothing alteration,
seamstress shop, shoe repair shops, beauty and barber shops, jewelry
and watch repair, small appliance repairs, news stands, florists
and catering service.
2. Specialty retail store for the sale of gifts, curios, stationary
and cards, bakery, delicatessen, coffee house, and ice cream shop.
3. Studios for the practice and teaching of fine art, excluding
shops and galleries for retail sales.
4. Day care center, including the required outdoor play area.
5. Mortuaries excluding crematories.
6.
Professional and administrative offices.
7.
Medical, dental, and clinical offices.
8. Wireless communication towers and antennas provided that they
are located on property owned, leased, or otherwise controlled
by the Town of Superior.
B. Permitted uses in the C-2 General Commercial Zoning District
shall be only those uses listed. Permitted uses are subject to
all other applicable standards of this Ordinance. No building
permit shall be issued for a use not specifically mentioned and
until site plan approval has been granted by the Town.
1.
Those uses permitted in the C-l Neighborhood Commercial Zoning District.
2. Outdoor sales and displays are prohibited, except where one
(1) or more of the following conditions are present:
a.
Products and services displayed outdoors are customary, accessory,
and incidental to those sold and displayed in a primary business being
conducted in a permanent building on the property.
b.
Outdoor sales and displays do not interfere with pedestrian access
ways, fire lanes, required parking spaces, driveways, landscape areas,
or traffic visibility at driveway entries and street intersections.
3. Banks, credit unions, financial companies, and investment companies.
4. General
office uses.
5.
Drive-in window facilities.
6.
General retail such as: drug store, dry good and notions store, appliance
store, home or hardware store, bicycle and sporting good stores, and
apparel stores.
7.
Restaurants including drive-in and drive-through facilities.
8.
Medical, dental, and clinical laboratories.
9.
Small animal hospitals or clinics, confined to completely enclosed,
sound-attenuated facilities, subject to:
a. Animals shall not be boarded or lodged except for short periods
of observation incidental to care or treatment.
b. No kennel or exercise runs will be permitted.
10. Antique stores, art galleries.
11. Hotels and motels.
12. Dry cleaners and self serve laundry.
13. Household rental services, sickroom or office equipment.
14. Pool and dance halls, bowling alleys, night clubs, cocktail
lounges, and bars.
15. Grocery store, big box retail store, video store and other
similar uses.
16. Liquor store.
17. Movie theater excluding, drive-in movie theaters.
18. Car wash and auto service stations.
19. Outdoor display areas for the sale of new or used automobiles,
trucks, boats, trailers, recreational vehicles and manufactured
homes provided all sales and repair activities are conducted within
a building.
20. General auto repair, excluding auto painting and body repair,
provided all repair operations are conducted within a building
and including an outside vehicle storage area to be used only
for vehicles under repair which shall be screened from any street
or surrounding property.
21. Nurseries, flower and plant sales, provided all incidental
equipment and supplies including fertilizer and empty cans, are
kept within a completely enclosed building or within an area enclosed
on all sides by a solid fence or wall at least six (6) feet in
height and no goods, materials or objects are stacked higher than
the fence or wall.
22.
Mini-storage facility, including an on-site night watchman's quarters, provided
they are used solely for dead storage purposes.
23. Wireless communication towers and antennas provided that they
are located on property owned, leased, or otherwise controlled
by the Town of Superior.
C. Owner occupied residential quarters are permitted within the
commercial zoning districts provided the living quarters are wholly
contained within the main structure of the commercial building.
The square footage of the owner's residential quarters shall not
exceed the square footage of the commercial business area. A security
guard or night watch-mans room may be permitted provided it is
an ancillary use, is not a living quarters, and is confined within
the commercial structure.
D. Because no list of uses can be complete, decisions on additional
uses will be rendered by the Zoning Administrator with appeal
to the Town Council.
SEC. 7.2 USES SUBJECT TO CONDITIONAL USE PERMIT.
A. Uses permitted in the C-2 Commercial Zoning Districts only
after review and approval of a Conditional Use Permit, in accordance
with Section 3.3 of this Ordinance, shall be as follows. Conditional
uses are subject to all other applicable standards of this Ordinance
and those requirements that may reasonably be imposed by the Town
Council.
1. Amusement facilities, arcade, miniature golf, batting cages,
go-cart tracks and similar uses.
2. Commercial kennels provided all animals are kept indoors, and
no outside runs are permitted.
3. Social service and community service agency facilities such
as plasma centers, charity dining services, homeless shelters,
day labor hiring centers, substance abuse detoxification and treatment
centers, rescue missions, and other similar social service uses.
4.
Temporary uses such as revivals, carnivals, circus, auctions, holiday
or seasonal
sales boutiques or tree lots.
5. Wireless communication towers and antennas not on property
owned, leased, or otherwise controlled by the Town of Superior
as approved in accordance with the requirements of Article XVI
of this Ordinance.
SEC. 7.3 PROHIBITED USES IN C-2 GENERAL COMMERCIAL.
1. Churches or places of worship, except those existing at the
time of the adoption of this Ordinance.
2.
Public schools, private schools, or parochial schools.
3. There shall be no manufacturing, compounding, processing or
treatment of products other than that which is clearly incidental
to a retail store or business, and where all such completed products
are sold at retail on the premise.
SEC. 7.4 DESIGN STANDARDS REQUIREMENTS.
A. General Architectural Requirements.
1. Mechanical equipment, electrical meter and service components,
and similar utility devices, whether ground level, wall mounted,
or roof mounted, shall be screened from public view and designed
to appear as an integral part of the building.
2. The building materials of a project shall be durable, require
low maintenance, and be of a substantial quality.
3. All building elevations which face a public street or are adjacent
to residential uses or zoning district’s, shall have an
architectural design other than metal or corrugated metal.
4. All buildings shall incorporate 360 degree architecture, a
variety of massing, building heights, and stepping roof lines.
5. Pad buildings in group commercial development including service
stations, convenience stores, chain restaurants, auto maintenance
facilities and similar uses should be designed in a compatible
architectural style, and incorporate the same materials, colors
and landscaping as the host development.
B. General Site Planning Requirements.
1. Service and loading bays (car wash, automotive service, tire,
etc) should be oriented away from adjacent residential zoning
district and should not front onto or be visible from the public
street.
2. Drive-through windows should not face a public
street.
3. Equipment such as, but not limited to, vending machines should
be screened from street view and placed in an area designed for
their use, as an integral part of the structure.
4. Open space equivalent to 10% shall be required for group commercial
development. Open space does not include parking areas.
5.
Parking areas other than in front of the principal building is encouraged.
6.
Link structures to the public sidewalk where possible with textured
pavement, landscaping and trellises.
SEC. 7.5 LANDSCAPE and SCREENING REQUIREMENTS.
A. Landscaping Requirements:
1. Landscaping may include trees, shrubs, ground covers, vines,
fountains, benches or other organic materials used for creating
an attractive appearance. The use of exotic species or allergenic
species shall be prohibited. Landscaping within the public rights-of-way
required open space or landscape areas, parking areas, and retention/detention
basins shall be limited to those species listed in appendix "S" unless
otherwise approved by the Town Council.
2. Where building foundations are visible, foundation landscaping
should be required. Landscaping in this area should compliment
the building elevations.
3.
Plant specifications:
TREES - Where required by this Ordinance shall be a minimum of
fifteen (15) gallon size with forty percent (40%) of the required
number of trees to be twenty-four (24) inch box size or larger.
SHRUBS - Where required by this Ordinance shall be a minimum of
one (1) gallon size upon installation with fifty (50%) of the
required number to be five (5) gallon in size.
ORGANIC GROUNDCOVERS - Where required by this Ordinance shall
be a minimum of one (1) gallon size upon installation.
INORGANIC GROUNDCOVERS - Where required by this Ordinance shall
be used and consist of decomposed granite (minimum size W' minus)
or turf in selected areas may also be considered. A drip irrigation
system shall be installed by approved standards.
4.
Plant Quantities:
U.S. 60 CORRIDOR.
A minimum of 1 specimen tree and 3 shrubs and/or organic groundcover
shall be required for every 500 square feet, or fraction thereof,
of total landscape area; exclusive of that portion of the public
rights-of-way occupied by a driveway area. Additional streetscape
such as, but not limited to, benches, pedestrian and bike trail,
and historic mining artifacts or mechanisms (used as sculpture
pieces) may be required in accordance with the Town's approved
U.S. 60 Corridor Landscape Plan.
Arterial and Major Collectors.
A minimum of 1 tree and 3 shrubs and/or organic groundcover shall
be required for every 500 square feet, or fraction thereof, of
total landscape area; exclusive of that portion of the public
right-of-way occupied by a driveway area.
Local and Neighborhood Street .
A minimum of 1 tree shall be planted, every 20 feet, or fraction
thereof, depending on the width of the canopy at maturity of the
particular tree chosen.
5. The property owner or a "Property Owner's Association" shall
maintain all landscape materials and landscaped areas, including
that within the public rights-of-way adjacent to the site, in
accordance with the approved landscape plan.
B. Screening Requirements:
1. A dense hedge row or other vegetative screening is encouraged
rather than the use of a wall fence when a commercial development
is adjacent to a residential district. Exceptions to this may
be if the commercial use is required to have a wall/fence by National,
State or local standards or if the residential area would be adjacent
to the outdoor storage areas.
2. A dense hedge row or other vegetative screening is encouraged
rather than the use of a perimeter wall when adjacent to a residential
zoning district. If a perimeter wall is constructed it shall be
a maximum of six (6) feet in height and decoratively treated on
all sides to match the commercial product architectural style
and design.
3. Trash and refuse collection locations shall be screened with
a six (6) foot decorative masonry wall; except that a maximum
of fifty (50%) of the required screening may be composed of live
vegetation provided that the vegetation is view obscuring and
a minimum of six (6) feet in height. Trash and refuse areas shall
be located such that they are not the visual focal point of a
driveway or parking area. Projects which provide on-site daily
management and maintenance personnel (i.e. service stations and
convenience markets), and which have refuse enclosures at highly
visible locations, shall provide latching gates for screening
the opening to the enclosure.
4. Outside storage areas shall be screened from the public street
view and adjacent residences, office, and other commercial uses
to a height of at least six (6) feet. Materials shall not be stacked,
piled, or stored in such a manner as to project above the screen
wall.
5. Parking areas adjacent to the required front yard shall provide
a decorative screen wall or landscape berm or combination thereof
to a height not to exceed three (3) feet in order to adequately
screen the undercarriages of the parked vehicles.
SEC. 7.6 COMPLIANCE WITH OTHER PROVISIONS.
A. General Provisions:
The general provisions in Article XIII herein shall apply.
B. Parking regulations:
The parking regulations are as provided in Article XIV herein.
C. Outdoor Lighting:
All outdoor lighting shall comply with Article XV herein.
D. Signs:
All signage shall comply with Article XVII herein.
SEC. 7.7 DENSITY, AREA, BUILDING AND YARD REGULATIONS.
The chart which follows specifies the minimum lot sizes, minimum
lot width, maximum building heights, minimum yard setbacks, maximum
lot coverage percentages, and distance between buildings.
TABLE NO.3
Zoning Ordinance Summary - Commercial Districts
District
Lot Area
(Sq. Ft.)
Bldg.
Height
(Feet)
Minimum Yard Setbacks
Lot
Coverage
Distance
Between
Buildings
Front
Side Street Side Rear
C-1
6,000
30
20a
10
20a
25a
50%
15b
C-2
6,000
30
20a
10
20a
25a
60%
15b
a. Or height of building, whichever is the greater.
b. Or as required by the Uniform Building Code (UBC), whichever
is the greater.
Article VIII – Town Center Zoning District:
SEC. 8.0 PURPOSE.
The intent of the Town Center Zoning District is to maintain and
enhance the character of the historic buildings within the downtown
area while promoting a pedestrian-oriented specialty retail district
by encouraging the improvement of the pedestrian environment,
delineating the appropriate land uses within the district, and
ensuring new buildings are designed to be compatible with the
historic fabric of the area and in a human scale. It is intended
that this District accommodate a narrower range of uses including
specialty retail, and residential uses.
SEC. 8.1 PERMITIED USES.
A. Permitted uses in the "TC" Town Center Zoning District
shall be only those uses listed provided that all commercial activities,
be conducted entirely within the street frontage of the buildings
and on the first floor of the buildings. Residential uses are
encouraged as a mixed use with the commercial activities provided
they are located behind the commercial frontage on the first floor
or on the second floor above the commercial uses. Outdoor patios,
display areas and seating areas are encouraged to add to the pedestrian
environment at the street. Drive-through windows are prohibited.
Permitted uses are subject to all other applicable standards of
this Ordinance. No building permit shall be issued for a use not
specifically mention and until site plan review and building plan
approval, per Sec. 2.4 and Sec. 3.6 of this Ordinance, has been
granted.
1. Personal and household services, such as clothing alteration,
seamstress- shop, shoe repair shops, beauty and barber shops,
jewelry and watch repair, small appliance repairs, and catering
service.
2. Specialty retail uses including, but not limited to, gift shops,
stationary and card stores, bookstores, florists, bakery, delicatessen,
coffee house, and ice cream shop.
3. Apparel and accessories.
4. Art galleries, art supply shops, and art studios for the production
and teaching of fine art, when located above the first floor or
behind the commercial frontage.
5.
Antiques, crafts, and collectibles sales.
6. Restaurants (excluding drive-in and drive-through facilities),
cafeterias, taverns, and outdoor dining when ancillary to restaurant
use.
7. Hotels, with all guest rooms located above the first floor.
8. Residential units, when located above the first floor or behind
the commercial frontage.
9.
Professional and administrative offices.
10.
Medical, dental, and clinical offices.
11. Single residence dwellings; excluding manufactured homes.
B. Because no fist of uses can be complete, decisions on additional
uses shall be based on its pedestrian orientation. Final decisions
shall be rendered by the Zoning Administrator with appeal to the
Town Council, if necessary.
SEC. 8.2 PROHIBITED USES.
The following uses, which are automobile-oriented, are contrary
to the concept of a pedestrian-oriented retail town center, and
they are, therefore, not permitted in the TC district.
1. Automotive service uses, including but not limited to, gasoline
stations, repair or service facilities, and car washes.
2. Sales of automobiles, motorcycles, motor homes, boats, and
manufactured homes.
3.
Drive through window facilities.
4. Churches or places of worship, except those existing at the
time of the adoption of this Ordinance.
5.
Public schools, private schools, or parochial schools.
6.
Manufacturing, distribution or wholesale facilities.
SEC. 8.3 DESIGN STANDARDS REQUIREMENTS.
A. General Architectural Requirements for Renovation or New Construction.
1.
New construction or reconstruction located within the Town Center area
shall be differentiated from the old and will be compatible with the
historic materials, features, size, scale and proportions, and massing
of the surrounding historic structures.
2. Restoration and/or preservation of existing structures located
within the Town Center area shall be consistent with the Secretary
of the Interior's Standards for Restoration and Preservation.
3. Proposed alterations and/or additions to buildings located
within the Town Center area shall be consistent with the Secretary
of the Interior's Standards for Rehabilitation.
4. New construction shall sensitively maintain the rhythm of the
established street wall.
5. Match replacement doors and windows and/or new doors and windows
as closely as possible to the original building or those of adjacent
structures (in the case of new construction). Ensure that replacement
doors and windows fill the entire opening and that they duplicate
the original design.
6. Whenever possible, relocate or screen outdoor utilities. Mechanical
equipment must be screened horn public view.
B. General Site Planning Requirements.
1. New construction projects shall provide ground floor retail
space that opens directly unto the street or pedestrian spaces.
2. All required off-street parking spaces shall be located in
the rear or to the side of the structures to avoid visibility
from public streets and the interruption of the pedestrian environment
within the Town Center area.
3. Bicycle parking facilities shall be encouraged and should be
located near the pedestrian space and building entrance.
4. Link structures to the public sidewalk where possible with
texture pavement, landscaping, street furniture, canopies or trellises.
5.
Equipment such as, but not limited to, vending machines shall be prohibited
unless in conjunction with an outdoor sidewalk cafe.
C.
Outdoor Sidewalk Cafes.
Establishment of non-enc1osed outdoor sidewalk cafes on private
properly and within the public rights-of-way shall be encouraged
in the Town Center Zoning District. Minimum dimensional and performance
standards are established to ensure that the cafe design is functionally
compatible with other needs and adjacent uses and provides for
the protection of public health, safety and welfare and subject
to town approval.
1.
Outdoor sidewalk cafes must not obstruct sidewalk pedestrian traffic
or create public health and safety hazards.
2.
Roof material covering an outdoor cafe may be temporary, fixed, or
retractable and can extend into the public right-of-way from the
face of the building a maximum distance of ten (10) feet but in
no way shall the covering extend over on-street parking spaces
or the vehicular travel lane of the adjacent roadways.
3.
Awnings, canopies, or similar protective shelter must be fire-treated
or
Non-flammable
and be opaque.
4. A definable decorative barrier element which physically separates
the outdoor cafe seating area from adjacent pedestrian traffic
shall be provided. The design and materials of such barrier element
must complement and be compatible to the architectural design
of the restaurant building facade.
5.
All outdoor sidewalk cafes must be level with the adjacent pedestrian
sidewalk and handicap accessible.
6. Decorative/accent lighting may be incorporated into the outdoor
café structure, awning, or canopy and must meet all Town
code requirements.
D. Vacant Buildings.
The appearance of vacant buildings does not contribute to the
creation of a pedestrian environment in the Town Center area.
Since vacant buildings may inhibit the growth of the retail environment,
special provisions are necessary to mitigate the impact of vacant
buildings in the Town Center area. Buildings within the Town Center
area shall give the appearance of use. The following regulations
shall apply to all vacant retail space and are in addition to
other requirements.
1. All windows and other openings of a vacant structure shall
provide a window display or window covering that is aesthetically
compatible
2. Windows that are "boarded-up" or have security shutters
shall be professionally decorated in a manner that is of an artistic
quality. Expanded metal is not an acceptable material.
3. Upon receipt of a notice of noncompliance with this section,
the property owner shall have ninety (90) days in which to provide
the window display or covering.
4.
Failure to provide the window display within the ninety (90) day period
shall result in a violation of the ordinance.
SEC. 8.5 LANDSCAPE and STREETSCAPE REQUIREMENTS.
A. Landscaping Requirements.
1. Landscaping may include trees, shrubs, ground covers, vines,
or potted annuals. The use of exotic species or allergenic species
shall be prohibited. Landscaping within the public rights-of-way
and parking areas shall be limited to those species listed in
appendix "B" unless otherwise approved by the Town Council.
2.
Plant specifications:
TREES - Where required by this Ordinance shall be a minimum of
fifteen (15) gallon size with forty percent (40%) of the required
number of trees to be twenty-four (24) inch box size or larger.
SHRUBS - Where required by this Ordinance shall be a minimum of
one (1) gallon size upon installation with fifty (50%) of the
required number to be five (5) gallon in size.
HARDSCAPE - Where required by this Ordinance shall include textured
pavement, colored pavement, bricks or indigenous stone.
3.
Plant Quantities:
Main
Street and Magma Avenue:
All landscape and hardscape improvements shall be consistent with
the Town's adopted streetscape improvement plans, if such plans
exist, and shall be installed, per plan, as part of the off-site
development improvements requirements for properties fronting
Main Street and Magma Avenue.
Local Street:
A minimum of 1 tree shall be planted for every 30 lineal feet
of street frontage.
4. A landscape plan shall be required to be submitted and approved
by the Town for all new construction, additions, remodel, and
renovation projects within the Town Center Zoning District. Such
plan shall contain botanical and common names for all trees, shrubs
and groundcover; quantity; size; as well as other landscape elements
(i.e. boulders, decomposed granite etc).
5. A "Property Owner's Association" shall maintain all
landscape and hardscaped areas, including that within the public
rights-of-way, in accordance with the approved improvement plan.
B. Streetscape Requirements.
1. Benches, street lights, trash receptacles, street signs, planters,
pots or other containers, and tree grates shall all be consistent
in style with the approved "Town Center Streetscape" and
encouraged as part of the project design.
SEC. 8.6 COMPLIANCE WITH OTHER PROVISIONS.
A. General Provisions:
The general provisions in Article XIII herein shall apply.
B. Parking regulations:
The parking regulations are as provided in Article XIV herein.
C. Outdoor lighting:
All outdoor lighting shall comply with Article XV herein.
D. Signs:
All signage shall comply with Article XVII herein.
SEC. 8.7 DENSITY, AREA, BUILDING AND YARD REGULATIONS.
The chart which follows specifies the minimum lot sizes, minimum
lot width, maximum building heights, minimum yard setbacks, maximum
lot coverage percentages, and distance between buildings.
TABLE NO.4
Zoning Ordinance Summary - Town Center District
District
Lot Area
Bldg.
Minimum Yard Setbacks
Lot
Distance
(Sq. Ft.)
Height
Coverage
Between
(Feet)
Front
Side
Street Side
Rear
Buildings
TC
NJA
30
0
0
0
25a
100%
0c
Commercial
TC
6,000
24
20ab
10
20a
25a
60%
6c
Residential
a. Or height of building, whichever is the greater.
b. Or the distance equal to the prevailing historical distance
of other dwellings legally established on adjacent lots.
c. Or as required by the Uniform Building Code (UBC), whichever
is the greater.
Article IX – Industrial Zoning Districts:
I-1 and I-2
SEC. 9.0 PURPOSE.
The Industrial Zoning Districts are designed to provide for a
range of industrial land uses. The purpose of these districts
are to provide for industrial developments in locations which
are suitable and appropriate, taking into consideration existing
conditions, future land use needs, and the availability of public
services. It is intended that these districts accommodate a variety
of uses including office park, garden industrial park and general
industrial uses. The Industrial Districts are further delineated
in the following categories:
A. Industrial Zoning Districts.
1. 1-1 Garden Industrial Zoning District:
The purpose of this Zoning District is to accommodate employment
uses including administrative and research industries as well
as limited industrial uses involving light manufacturing, assembling,
warehousing, and wholesaling activities provided that the primary
activities are conducted entirely within an enclosed building.
Associated support office uses are also included within this district.
2. 1-2 General Industrial Zoning District:
The purpose of this Zoning District is to accommodate intense
industries involving manufacturing, warehousing, assembly, and
storage. The uses include the production, assembly, and processing
of large products as well as those which may generate special
impacts on surrounding properties. The district is characterized
by open uses and/or storage, industrial processes which may involve
chemical processing large amounts of materials transfer, and large
scale machinery and structures.
SEC. 9.1 PERMITIED USES.
A. Permitted uses in the 1-1 Garden Industrial Zoning District
shall be only those uses listed provided that all activities are
conducted entirely within an enclosed building with limited outside
storage. Outside storage of materials, equipment, and products
related to the primary activity is permitted provided that the
outside storage area is screened by a fence or building wall and
no goods, materials or objects are stacked higher than the fence
or wall. Permitted uses are subject to all other applicable standards
of this Ordinance. No building permit shall be issued for a use
not specifically mentioned and until site plan approval has been
granted by the Town.
1. Laboratories for research and product development.
2. Manufacturing, assembly, packaging, bottling, processing, distributing,
warehousing, wholesale sales uses provided that such uses shall
conform to the following requirements;
a.
The primary use of the property is not the basic processing and compounding
of raw materials.
b.
All outside storage of material or equipment, as ancillary to the primary
use, shall occupy the rear one-half (1/2) of the lot.
3. Food processing and kindred products, except;
a.
Fish canning and curing.
b. Meat and poultry slaughterhouses and packing plants.
c.
Rendering or refining of fats and oils.
4. Commercial kennels, animal shelters, and veterinary hospitals
with outdoor boarding or exercise facilities.
5.
Satellite earth station.
6. Wireless communication towers and antennas provided that, they
are located on property owned, leased, or otherwise controlled
by the Town of Superior.
B. Permitted uses in the 1-2 General Industrial Zoning District
shall be only those uses listed provided that all activities are
conducted entirely within an enclosed building or within an area
enclosed on all sides with a decorative solid masonry wall, not
less than six (6) feet in height. Outside storage of materials,
equipment, and products related to the primary activity is permitted
provided that the outside storage area is screened by a fence
or building wall and no goods, materials or objects are stacked
higher than the fence or wall. Permitted uses are subject to all
other applicable standards of this Ordinance. No building permit
shall be issued for a use not specifically mentioned and until
site plan approval has been granted by the Town.
1. Those uses permitted in the 1-1 Garden Industrial Zoning District.
2. Construction offices and construction yards provided that the
open storage yard area is screened by an eight (8) foot high solid
masonry wall.
3. Open storage yards for the storage of boats, trailers, and
recreational vehicles provided that there is no storage of abandoned,
damaged, or junked boats, trailers or recreational vehicles and
that the yard area is screened by an eight (8) foot decorative
view obscuring wall.
4. Heavy equipment
repair, sales, and rentals.
5. Automobile painting and body repair.
6. Retail and wholesale lumber yard, including incidental mill
work.
7. Commercial aviation businesses such as aircraft repair, aircraft
sales and services, and air charter services.
8. Wireless communication towers and antennas provided that they
are located on property owned, leased, or otherwise controlled
by the Town of Superior.
C.
Because no list of uses can be complete, decisions on additional uses
will be rendered by the Zoning Administrator with appeal to the Town
Council.
SEC. 9.2 USES SUBJECT TO CONDITIONAL USE PERMIT.
A. Uses permitted in the 1-2 General Industrial Zoning District
only after review and approval of a Conditional Use Permit, in
accordance with Section 3.3 of this Ordinance, shall be as follows.
Conditional uses are subject to all other applicable standards
of this Ordinance and those requirements that may reasonably be
imposed by the Town Council.
1.
Drive-in theater.
2. Recycling transfer stations or automated collection centers,
municipal or county landfills.
3. Water and
sewer treatment plants and utility generating plants.
4.
Mining and mineral extraction operations, including the removal of
sand, rock, soil and gravel.
5. Industrial metal smelting, refining, casting and extrusion.
6.
Central mixing plants for cement or concrete, or asphalt and asphalt
products processing plants.
7. Dyeing and finishing of textile products.
8.
The manufacture, disposal, distribution, warehousing or transfer of hazardous
materials.
9. Automobile wrecking and salvage yards, storage and processing
of scrap metals.
10. Wireless communication towers and antennas not on property
owned, leased, or otherwise controlled by the Town of Superior
as approved in accordance with the requirements of Article XVI
of this Ordinance.
SEC. 9.3 PROHIBITED USES.
1.
All residential uses.
2.
All uses that are otherwise allowed within the commercial zoning districts.
SEC. 9.4 DESIGN STANDARDS REQUIREMENTS.
A. General Architectural Requirements:
1. Mechanical equipment, electrical meter and service components,
and similar utility devices, whether ground level, wall mounted,
or roof mounted, shall be screened from public view and designed
to appear as an integral part of the building.
2. The building materials of a project shall be durable, require
low maintenance and be of a substantial quality.
3. All building elevations which face a public street or are adjacent
to residential uses or zoning districts shall have an architectural
design other than metal or corrugated metal.
4. All buildings shall incorporate 3600 architecture, a variety
of massing and building heights, and stepping roof lines.
B. General Site Planning Requirements:
1. Service areas and loading docks should be oriented away from
adjacent residential and office zoning distric1s and should not
front onto or be visible from the public street.
2. Open space equivalent to 10% shall be required for industrial
developments. Open space does not include parking areas.
SEC. 9.5 LANDSCAPE and SCREENING REQUIREMENTS.
A. Landscaping Requirements.
1.
Landscaping may include trees, shrubs, ground covers, vines, fountains,
benches or other organic materials used for creating an attractive
appearance. The use of exotic species or allergenic species shall be
prohibited. Landscaping within the public rights-of-way, required open
space or landscape areas, parking areas, and retention/detention basins
shall be limited to those species listed in appendix "B" unless
otherwise approved by the Town Council.
2. Where building foundations are visible, foundation landscaping
should be required. Landscaping in this area should compliment
the building elevations.
3.
Plant specifications:
TREES - Where required by this Ordinance shall be a minimum of
fifteen (15) gallon size with forty percent (40%) of the required
number of trees to be twenty-four (24) inch box size or larger.
SHRUBS - Where required by this Ordinance shall be a minimum of
one (1) gallon size upon installation with fifty (50%) of the
required number to be five (5) gallons in size.
ORGANIC GROUNDCOVERS- Where required by this Ordinance shall be
a minimum of one (1) gallon size upon installation.
INORGANIC GROUNDCOVERS- Where required by this Ordinance shall
be used and consist of decomposed granite (minimum size 1/2" minus)
or turf in selected areas may also be considered. A drip irrigation
system shall be installed by approved standards.
4.
Plant Quantities:
U.S. 60 CORRIDOR:
A minimum of -1 specimen tree and 3 shrubs and/or organic groundcover
shall be required for every 500 square feet, or fraction thereof,
of total landscape area; exclusive of that portion of the public
rights-of-way occupied by a driveway area. Additional streetscape
such as, but not limited to, benches, pedestrian and bike trail,
and historic mining artifacts or mechanisms (used as sculpture
pieces) may be required in accordance with the Town's approved
U.S. 60 Corridor Landscape Plan.
Arterial and Major Collectors:
A minimum of 1 tree and 3 shrubs and/or organic groundcover shall
be required for every 500 square feet, or fraction thereof, of
total landscape area; exclusive of that portion of the public
right-of-way occupied by a driveway area.
Local and Neighborhood Street:
A minimum of 1 tree shall be planted, every 20 feet, or fraction
thereof, depending on the width of the canopy at maturity of the
particular tree chosen.
Buffer Yard Area:
A minimum of 1 tree shall be planted, every 20 feet, or fraction
thereof, depending on the width of the canopy at maturity of the
particular tree chosen.
5. The property owner or a "Property Owner's Association" shall
maintain all landscape materials and landscaped areas, including
that within the public rights-of-way adjacent to the site, in
accordance with the approved landscape plan.
B. Screening Requirements.
1.
Parking areas adjacent to the required front yard shall provide a
decorative screen wall or landscape berm or combination thereof
to a height not to exceed three (3) feet in order to adequately
screen the undercarriages of the parked vehicles.
2. All perimeter walls, storage area walls, and screen walls shall
be decoratively treated on all sides to match the industrial product
architectural style and design.
3. Trash and refuse collection locations shall be screened with
a six (6) foot decorative masonry wall. Trash and refuse areas
shall be located such that they are not the visual focal point
of a driveway or parking area.
4. Outside storage areas shall be screened from the public street
view and adjacent residences, office, and commercial uses to a
height of at least six (6) feet. Materials shall not be stacked,
piled, or stored in such a manner, as to project above the screen
wall.
SEC. 9.6 BUFFER YARD REQUIREMENTS.
Where Industrial Zoning Distric1s are adjacent to or abut, even
if separated by an alley, a residential or commercial zoning district
there shall be a buffer yard of not less than 20 feet or the height
of the building, whichever is greater, of which a minimum of 15
feet shall be landscaped.
SEC. 9.7 COMPLIANCE WITH OTHER PROVISIONS.
A. General Provisions: The general provisions in Article XIII
herein shall apply.
B.
Parking regulations: The parking regulations are as provided in Article
XIV herein.
C. Outdoor lighting: All outdoor lighting shall comply with Article
XV herein.
D. Signs: All signage shall comply with Article XVII herein.
SEC. 9.8 DENSITY, AREA, BUILDING AND YARD REGULATIONS.
The chart which follows specifies the minimum lot sizes, minimum
lot width, maximum building heights, minimum yard setbacks,
maximum lot coverage percentages, and distance between buildings.
TABLE NO.5
Zoning Ordinance Summary - Industrial Districts
District
Lot Area
Bldg.
Minimum Yard Setbacks
Lot
Distance
(Sq. Ft.)
Height
Coverage
Between
(Feet)
Front
Side
Street Side
Rear
Buildings
I-I
43,560
40
20a
10
20a
25a
50%
15b
1-2
43,560
40
20a
10
20a
25a
60%
15b
a. Or height of building, whichever is the greater.
b. Or as required by the Uniform Building Code (UBC), whichever
is the greater.
Article X - Open Space Zoning Districts:
OSC and OSR
SEC. 10.0 PURPOSE.
The purpose of the Open Space Zoning Districts are to conserve
and protect open space, washes, natural desert lands, wildlife
habitat, and lands agreed to be left undeveloped through the plan
approval process. The primary purpose of designating these areas
is to raise the degree of assurance that designated open space
for conservation and recreational areas will remain open. The
Open Space Districts are further delineated in the following categories:
A. Open Space Zoning Districts:
1. OSC
Open Space Conservation Zoning District.
The purpose of this Zoning District is to conserve significant
natural features and open spaces, such as major peaks and ridges,
mountains, major rock outcrops, view corridors, and significant
stands of natural vegetation specimens.
2. OSR Open Space Recreational Zoning District.
The purpose of this Zoning District is to provide for land uses
in areas generally subject to periodic inundation. It is further
intended to provide for land uses in areas which have been set
aside to serve recreational functions or to provide open space
areas.
SEC. 10.1 PERMIITED USES.
A. Permitted uses in the OSC Open Space Conservation Zoning District
shall be only those uses listed. Permitted uses are subject to
all other applicable standards of this Ordinance. No building
permit shall be issued for a use not specifically mentioned and
until site plan approval has been granted by the Town.
1.
Undeveloped natural land.
2. Hillside lands designated as sending parcels in the density
transfer process through the subdivision development process.
3. Unpaved trails
or pathways for use by hikers and horses.
4.
Archaeological or historic sites.
B. A building or premise in an OSR Open Space Recreational Zoning
District shall be used only for the purposes listed. Permitted
uses are subject to all other applicable standards of this Ordinance.
No building permit shall be issued for a use not specifically
mentioned and until site plan approval has been granted by the
Town.
1. Golf course, including club houses and driving ranges located
thereon, but not including miniature golf courses or practice
driving ranges not associated with a golf course operated for
commercial purposes.
2. Park land including but not limited to; picnic grounds, playgrounds,
and playing fields.
3.
Manmade water features and watercourses.
4.
Paved or unpaved trails or pathway systems for use by hikers, bicyclists,
and pedestrians.
5.
Public and private natural wildlife reserves or sanctuaries, and arboretums.
6. Utility services, but not including offices, waste water treatment
plants, generating stations, and sub-stations.
7. Wireless communication towers and antennas provided that they
are located on property owned, leased, or otherwise controlled
by the Town of Superior.
SEC. 10.2 USES SUBJECT TO CONDITIONAL USE PERMIT.
A. Uses permitted in the OSC Open Space Conservation Zoning District
only after review and approval of a Conditional Use Permit, in
accordance with Section 3.3 of this Ordinance, shall be as follows.
Conditional uses are subject to all other applicable standards
of this Ordinance and those requirements that may reasonably be
imposed by the Town Council.
1.
Public and private natural wildlife reserves or sanctuaries, and arboretums.
2.
Access driveways and parking areas for trailheads.
B. Uses permitted in the OSR Open Space Recreational Zoning District
only after review and approval of a Conditional Use Permit, in
accordance with Section 3.3 of this Ordinance, shall be as follows.
Conditional uses are subject to all other applicable standards
of this Ordinance and those requirements that may reasonably be
imposed by the Town Council.
1. Equestrian facilities in conjunction with an approved single
family residential neighborhood development.
2. Commercial riding stables and boarding stables provided the
site contains at least five (5) acres. Additional acreage may
be required based on the number of horses stabled thereon.
3. Wireless communication towers and antennas not on property
owned, leased, or otherwise controlled by the Town of Superior
as approved in accordance with the requirements of Article XVI
of this Ordinance.
SEC. 10.3 PROHIBITED USES.
1.
All residential uses.
SEC. 10.4 DEVELOPMENT STANDARDS.
A. In order to fulfill the purposes of the Open Space Zoning Districts,
all of the land that is not used for the permitted or conditional
use in accordance with Section(s) 10.1 and 10.2 shall be natural
area open space that is undisturbed by man except where re-vegetation
has been approved.
B. Whenever a portion of the property is disturbed by the construction
of a permitted or conditional use, the disturbed area shall be
re-vegetated around the improvements to restore a natural desert
character. The location of areas to be restored to a natural appearance
and the re-vegetation techniques used shall be approved by the
Town.
C. If a portion of the land proposed for OSC has been cleared
of vegetation, the disturbed area shall be restored to a natural
appearance through re-vegetation and re-grading. Approval will
be by the Town.
SEC. 10.5 COMPLIANCE WITH OTHER PROVISIONS.
A. General Provisions:
The general provisions in Article XIII herein shall apply.
B.
Parking regulations:
The
parking regulations are as provided in Article XV herein.
C. Outdoor lighting:
All outdoor lighting shall comply with Article XV herein.
D. Signs:
All signage shall comply with Article XVII herein.
SEC. 10.6 DENSITY, AREA, BUILDING AND YARD REGULATIONS.
The chart which follows specifies the minimum lot sizes, minimum
lot width, maximum building heights, minimum yard setbacks,
maximum lot coverage percentages, and distance between buildings.
TABLE NO.6
Zoning Ordinance Summary - Open Space Districts
District
Lot Area
Bldg.
Minimum Yard Setbacks
Lot
Distance
(Sq. Ft.)
Height
Coverage
Between
(Feet)
Front
Side
Street Side
Rear
Buildings
OSC
5 acres
24
60
30
30
60
5%
15
OSR
5 acres
24
60
30
30
60
5%
15
Article XI – Manufactured Home
Overlay Zoning District
SEC. 11.0 PURPOSE.
To provide for an overlay zone that will permit the placement
and regulate the permanent installation of manufactured homes
for occupancy as single residential dwellings either on individual
parcels or lots or on a space within a manufactured home land-lease
development.
Manufactured homes located on individual parcels or lots shall
be defined and situated to assure similarity in exterior appearance
and in keeping with the architectural character of the neighboring
site built dwellings and the character of the surrounding neighborhood
in general.
Manufactured homes, within an approved land-lease development,
shall be situated and designed so to provide a desirable residential
environment that will protect adjacent residential property values
and is consistent with the future land-use plan of the community.
A variety of densities are possible depending upon the base zone
to which the overlay zone is applied.
SEC. 11.1 INTENT.
The intent of these provisions is to provide affordable and diversified
housing opportunities within the town while maintaining established
standards. Manufactured homes shall meet the most current HUD
Code standards, all regulations of the Office of Manufactured
Housing, as well as compliance with all provisions of this article.
SEC. 11.2 PERMIITED USES.
A. Permitted uses in the "MH" Manufactured Home Overlay
Zoning District shall be only those uses listed as permitted by-right
within the underlying Suburban and Urban Residential Zoning Districts
(Rl-15, Rl-12, Rl-8, and Rl-6), approved manufactured homes, and
manufactured home land-lease developments. Site built dwelling
units and modular homes are also permitted within the overlay
zone except within a manufactured home land/°©lease development.
Permitted uses are subject to all other applicable standards of
this Ordinance.
SEC. 11.3 PLANNING REVIEW PROCESS.
A. The property owner seeking to place a manufactured home on
an individual parcel or lot or on a space within a manufactured
home land-lease development shall be required to obtain a building
permit prior to the installation of the manufactured home. Prior
to submitting the building permit application to the Building
Department the owner shall submit the following materials for
Planning Review:
a.
Site Plan.
b. Elevations or color photographs of all sides of the structure.
c.
Roof slope (expressed in a ratio horizontal to vertical feet) and roofing, material
description.
d.
Description of any proposed additions or alterations including photographs
where possible.
e. Description of the exterior finish including materials and
colors.
SEC. 11.4 REVIEW CRITERIA.
A. In order for a manufactured home to be placed on a parcel or
individual lot, in existing residential or built-up residential
areas, where the "Manufactured Home Overlay Zone" has
been approved the manufactured home shall be reviewed for compliance
with the following criteria:
1. The residence should be situated on the lot in a compatible
manner with surrounding residences through location of windows,
doors, front porches, other architectural features, or landscaping.
2. The architectural design as well as the exterior materials
of the residence shall be compatible with the residential dwellings
in the immediate area and the Design Standards outlined in Section
11.5 of this Article.
3. The residence must have a varied appearance in relation to
the adjacent properties. Consideration will be given to the variation
in setbacks, architectural features, variation of building materials,
accessory structures, or landscaping accents proposed to achieve
the required appearance.
4.
The structure is certified under the National Manufactured Housing
Construction and Safety Standards Act of 1974 and the laws of
the State of Arizona and is in good physical condition structurally
and cosmetically, complies with the design standards of this article,
and was constructed not more than 10 years prior to date of application
for building/installation permit.
B. If the manufactured home is to be placed on a space within
a land-lease development it shall be in compliance with the specific
design standards approved by the Town Council for that development.
C. If the Zoning Administrator determines that anyone of the four
criteria stated in Sec. 11.4 A has not been met in the Planning
Review, the application will be referred to the Planning and Zoning
Commission for Final Review with written notice of why the application
failed to meet the required criteria.
D. The Commission shall consider the manufactured home application
and the Zoning Administrators report. If satisfied that all of
the criteria have been met, the Commission may approve the application.
If the Commission determines that all criteria have been met,
other than the age of the structure, the Commission may approve
the application. If the Commission finds that any, one of the
stated criteria have not been met, the Commission may recommend
that the application be denied.
E. If the Commission denies the application the applicant may
appeal the Commission's decision to the Town Council. The Town
Council's decision shall be final.
SEC. 11.5 DESIGN STANDARDS.
A. Manufactured Homes on Parcels or Individual Lots.
In order to be approved, the manufactured home must be found to
have design compatibility with other dwellings in the immediate
area, which is the area within 300 feet of the subject lot or
parcel or the nearest five (5) dwellings. The criteria for determining
acceptable compatibility shall be based upon a review of the following
design elements.
1. Minimum Width:
The minimum width of the main portion of the structure shall be
24 feet, exclusive of any garage or carport area, as measured
across the narrowest portion.
2. Unless the topography of a particular lot precludes it, the
manufactured home shall be installed no higher from grade than
18"(from ground to frame) on the highest side; and not less
than 12" on the low side. The building official is authorized
to approve minor deviations from the height requirement after
inspection of the property to determine such deviation is necessary
because of lot conformity.
3. Foundations:
The manufactured home shall be placed on an excavated foundation
with permanent foundation wall, or if permanent foundation wall
is not installed, all sides of the home shall extend to meet ground,
or a facade shall be used on all sides so that the home appears
to have a foundation wall similar in appearance and kind to conventional
site built homes. One of the following skirting options must be
utilized on the manufactured home:
(1)
Non-bearing concrete or CMU block perimeter stem wall. This wall
must be reinforced and have vents per UBC requirements.
(2)
Ground set or pit set. This eliminates the need for siding or skirting,
but shall not be authorized in a flood plain.
(3) Stemwall foundation (bearing). This option must be according
to the manufacture's installation requirements and meet minimum
building code standards.
(4) Hardboard/Lumber system. The hardboard siding must match the
siding on the manufactured home. This can have either a concrete
footing and stem or treated/redwood plate and be vented according
to the code.
4. Exterior Siding:
Exterior siding shall be made of non-reflective and non-metallic
materials. Acceptable siding materials include: vinyl, wood, stucco,
brick, stone, or other masonry materials or any combination of
these materials. The use of "Tl-ll siding (rough sawn plywood
siding with vertical grooves at 4" or 8" O.C.) shall
be avoid
5. Roof Structure and Materials:
All roof structures shall be sloped and provide an eave projection
of no less than six inches and no greater than 30 inches. Unfinished
galvanized steel, unfinished aluminum, wood shake shingles, or
fiberglass/asphalt shingles less than 325 lbs./100 sq. ft. shall
not be permitted.
6. All manufactured home running gear, tongues, axles, and wheels
must be removed at the time of installation. Mechanical equipment
such as electrical meter, coolers and air conditioning units,
service components, and similar devices, whether ground level,
wall mounted, or roof mounted, shall be screened and designed
to appear as an integral part of the building. Vegetative material
may be used as a screening device if the plant material used is
of a variety and size to sufficiently screen the equipment.
7. Garage or Carports:
The manufactured home shall have a garage or carport the design
and materials of which shall be compatible with the main structure.
8.
Accessory Structures:
Wood
or metal porches, decks or verandas are only
permitted on the front of the home when covered with a roof.
9. Steps:
If the dwelling unit has steps leading to the front entry the
steps shall be attached to a permanent foundation and designed
and constructed to be an integral part of the exterior of the
dwelling unit.
10. Anchor Ties:
The structure shall be anchored to the ground, in accordance with
approved manufactured home installation standards for high wind
areas.
11. Additions:
All additions and alterations shall be in compliance with the
Uniform Building Code (U.B.C.) as adopted by the Town or in compliance
with the most current HUD Code standards and the housing manufacture's
specifications.
B. Manufactured Home Land-Lease Developments.
The manufactured home (land-lease development) shall comply with
the following design elements.
1.
Site Size and Dimensional Requirements:
a.
Minimum Size. A manufactured home (land-lease development) shall be
a minimum of 10 acres in area.
b.
Space Size. Each manufactured home space shall comply with the area
requirements of the underlying zoning district.
c.
Setbacks. Each manufactured home space shall comply with the setback
requirement; of the underlying zoning district.
d. Open Space. Each manufactured home (land-lease development)
shall provide at least 10% of the net area for open space. Such
open space areas may include natural area open space easements
and active recreational areas such as community buildings, swimming
pools, play areas etc.
2.
Utilities and Streets:
a. Location. All utilities within a manufactured home land-lease development
shall be located underground.
b. Water. Connection to the water system serving the Town of Superior
and installation of fire hydrants meeting the standards of the
Town of Superior are required.
c.
Sewer. Connection to the public sewer system or installation of an
approved package treatment plant is required.
d.
Spaces. Each space shall be equipped with electricity, drinking water,
and wastewater disposal facilities.
e. Streets. Each land-lease development shall be improved with
paved private streets built to the specifications of the Town
of Superior.
f. Access. No manufactured home space shall have direct vehicular
access to a public street or private street outside of the development.
3.
Manufactured Home Standards:
a.
Minimum Width. The minimum width of the main portion of the structure
shall be 16 feet, exclusive of any garage or carport area, as measured
across the narrowest portion.
b. Foundation. The manufactured home shall be placed on an excavated
and back-filled foundation, and enclosed continuously at the perimeter
with material comparable to the predominant materials used in
foundations of conventional site built homes.
c. Exterior Siding. Exterior siding shall be made of non-reflective
and non-metallic materials. Acceptable siding materials include:
vinyl, wood, stucco, brick, stone, or other masonry materials
or any combination of these materials. The use of "T1-11
siding (rough sawn plywood siding with vertical grooves at 4" or
8" O.C.) shall be avoided.
d. Roof Structure and Material. All roof structures shall be sloped
and provide an eave projection of no less than six inches and
no greater than 30 inches. Unfinished galvanized steel or aluminum,
wood shake shingles, or fiberglass/asphalt shingles less than
3251bs./1OO sq. ft. shall not be permitted.
e. Mechanical Equipment. All manufactured home running gear, tongues,
axles, and wheels must be removed at the time of installation.
f. Garage or Carport. The manufactured home shall have a garage
or carport the design and materials of which shall be compatible
with the main structure.
g. Steps. If the dwelling unit has steps leading to the front
entry the steps shall be attached to a permanent foundation and
designed and constructed to be an integral part of the exterior
of the dwelling unit.
h. Anchor Ties. The structure shall be anchored to the ground,
in accordance with approved manufactured home installation standards
for high wind areas.
i. Additions. All additions and alterations shall be in compliance
with the Uniform Building Code (U.B.C.) as adopted by the Town,
or in compliance with the most current HUD Code standards and
the housing manufacture's specifications.
j.
Vacant Manufactured Homes. No storage of unoccupied and/or damaged
manufactured homes is permitted.
C. The building official may approve deviations from one or more
of the developmental or architectural standards provided herein
on the basis of finding that the materials to be utilized or the
architectural style proposed for the dwelling will be compatible
and harmonious with existing structures in the vicinity.
SEC. 11.6 USES SUBJECT TO CONDITIONAL USE PERMIT.
A. Manufactured Homes on Parcels or Individual Lots.
Pursuant to the requirements of Article III, Sec. 3.3 a property
owner may apply for a conditional use permit to place a manufactured
home, on a parcel or individual lot, which does not meet the minimum
width requirements of this article. The remaining development
standards as outlined in Sec 11.5 of this Article may not be varied
or deleted by the granting of a conditional use permit. The criteria
for granting a conditional use permit shall be based upon the
following:
1. There currently exists a manufactured home or mobile home on
the property which does not meet the 24 feet width requirement
(is not multi-sectional).
2. The configuration of the lot or parcel involved would preclude
the placement of a 24 foot manufactured home on said lot or parcel.
However this does not permit the placement of a manufactured home
on a lot that does not meet the minimum area requirements for
the zoning district in which it is located.
3. The upgrade would be beneficial to the residents of the Town
of Superior after considering all relevant factors including,
but not limited to aesthetics, safety, and health.
4. Provisions of this article, other than the width of the structure,
shall be complied, with by the applicant.
B. The Planning Commission and Town Council may approve deviations
from one or more of the design standards provided herein (i.e.
roof slope, foundation, mechanical equipment screening) on the
basis of finding that the materials to be utilized or the architectural
style proposed for the dwelling will be compatible and harmonious
with existing structures in the vicinity.
SEC.11.7 EXCEPTION.
This Article shall not prohibit the continued occupancy of a non-certified
mobile home or manufactured home located and occupied as a private
residence within the town at the time of adoption of this Article
which may not be located within a Manufactured Home Overlay District
or which may not be in compliance with the design standards of
this Article. Existing mobile homes or manufactured homes that
are not in compliance with the design standards of this Article
at the time of it’s adoption shall be brought into compliance
as additions or alterations to the structures are requested as
may be required by the provisions of this Ordinance on non-conforming
structures. The existing mobile home or manufactured home may
be replaced in its entirety only with a manufactured home that
is in compliance with all of the design standard and other provisions
of this Article.
SEC. ll.8 COMPLIANCE WITH OTHER PROVISIONS.
A. General Provisions:
The general provisions in Article XIII herein shall apply.
B.
Parking regulations:
The
parking regulations are as provided in Article XIV herein.
C. Outdoor Lighting:
All outdoor lighting shall comply with Article XV herein.
SEC. 11.9 DENSITY, AREA, BUILDING AND YARD REGULATIONS.
The chart which follows specifies the minimum lot sizes, minimum
lot width, maximum building heights, minimum yard setbacks, maximum
lot coverage percentages, and distance between buildings
TABLE NO.7
Zoning Ordinance Summary - Manufactured Home Overlay
District
Lot Area
Width
Bldg.
Minimum Yard Setbacks
Lot
Distance
& Area/du
(Feet)
Height
Coverage
Between
(Sq. Ft.)
(Feet)
Front
Side
Street Side
Rear
Buildings
MH Rl-t5
15,000
120
24
25
10 & 10
25
25
35%
6
MH Rl-12
12,000
100
24
20
7 & 10
20
25
40%
6
MH Rl-8
8,000
80
24
20
5& 10
20
25
40%
6
MH Rl-6
6,000
60
24
20
5&10
20
25
40%
6
°©
Article XII – Planned Development
Overlay Zoning Districts:
PAD and DMP
SEC. 12.0 PURPOSE.
The purpose of the Planned Development Overlay Zoning Districts
is to provide for the orderly development of land consistent with
the Town of Superior General Plan and Zoning Ordinance while permitting
flexibility in the design and development of residential, commercial
and/or industrial developments of a quality which could not be
achieved by traditional lot by lot development under conventional
zoning concepts. The Planned Development Overlay Districts are
further delineated in the following categories:
A. Planned Development Overlay Districts:
1. PAD Planned Area Development Overlay Zoning District.
The purpose of this overlay zoning district is to allow for innovative
design and flexibility in projects which are planned for development
as a cohesive unit. The intent of this district is to provide
for creative, high quality development which incorporates the
following:
a. Substantial open space and/or recreational facilities held
in common ownership.
b. Private or public streets.
c.
The preservation of significant aspects of the natural character of
the land.
d.
Building design, site design, and amenities that create a unique alternative
to conventional development.
e. Property owners' associations and recorded covenants, conditions,
and restrictions.
2. DMP Development Master Plan Overlay Zoning District.
The purpose of this overlay zoning district is to allow for conceptual
zoning of large land parcels into planned uses for future development.
The intent is to allow for both, specific site plan zoning for
immediate project development, as well as conceptual development
plans with specific site plans deferred to the time of future
project development.
SEC. 12.1 MINIMUM DISTRICT SIZE.
A. The minimum size for any "PAD" district shall be
forty (40) acres.
B. The minimum size for any "DMP" district shall be one
hundred sixty (160) acres.
C.
The Town Council shall have the authority to consider smaller parcel
acres as the circumstances
necessitate.
SEC. 12.2 USE REGULATIONS.
A. The "PAD" and "DMP" Overlay Zoning Districts,
are to be used in conjunction with one or more underlying zoning
district(s). An "underlying zoning district" shall mean
those zoning districts set forth in Article IV of this Ordinance.
Permitted uses in the "PAD" and "DMP" Overlay
Zoning Districts shall be only those uses listed as permitted
by-right within the underlying zoning districts or combination
of underlying districts, as approved by the Town. Permitted uses
are subject to all other applicable standards of this Ordinance.
B. A "PAD" and/or "DMP" Overlay Zoning District
may be approved with modifications of the requirements of the
underlying zoning district so long as the intent of this zoning
ordinance is met and the resulting land use will be of a quality
comparable to or exceeding the quality which would otherwise result
under conventional zoning concepts.
C. Notwithstanding the above, no modifications of the requirements
of the underlying zones with respect to overall density and use
shall be approved. For the purpose of calculating density, the
equation shall be as follows:
D
= _________du____________
A - (c + i + s + a + os)
where:
D
=
Density
du
=
Total number of dwelling units.
A
=
Total site area (acres)
c
=
Total commercial land (acres)
i
=
Total industrial land (acres)
s
=
Reserved but undedicated school sites (acres)
a
-
Arterial or collector rights-of-way (acres)
os
=
Open Space
D. All "PAD" and "DMP" developments shall
be phased so that the density of any phase, when combined with
previously constructed phases, does not exceed the approved overall
development density.
E. Applications for changes or modifications of the underlying
zoning district(s) shall be submitted and processed concurrently
with an application requesting approval of a "PAD" or
a "DMP".
F. The zoning of areas for neighborhood retail uses shall not
become effective until one-half (l/2) of the total number of dwelling
units planned are completed.
G. Adequate guarantee must be provided to insure permanent retention
of the "open space" land area, resulting from the "PAD" and/or "DMP" plan
approval, either through application of the open space zoning
districts or by dedication to the public or a combination thereof.
SEC. 12.3 PLANNING REVIEW PROCESS.
A. Requests for "PAD" and "DMP" Overly Zoning
District(s) shall be processed in accordance with Section 3.2
of this Zoning Ordinance. Additional materials may be required
due to the complexity or size of the proposed development. Additional
materials may be but are not limited to the following:
1. "Design Guidelines" which both narrativly and graphically
describe the character, site planning, architecture and landscaping
that can be expected from the development for the various underlying
zoning districts.
2.
Preliminary Drainage Report (refer to Section 7.2 (e) of the Town of
Superior Subdivision Ordinance for specific details).
3.
A Parcel Statistical Table.
4. A Native Plant Preservation and Salvage Plan (refer to Section
7.2 (d) of the Town of Superior Subdivision Ordinance for specific
details).
5.
A Slope Analysis and Land Disturbance Analysis (refer to Section 6.3
of the Town of Superior Subdivision Ordinance for specific details).
6.
A Visual Analysis (refer to Section 6.3 of the Town of Superior Subdivision
Ordinance for specific details).
7. A schedule of development (i.e., Phasing Schedule) of the specific,
proposed use or uses for which rezoning is required. The schedule
for development shall include a construction schedule for various
phases of the development if construction phases are anticipated.
8. Traffic Impact Study (refer to Section 7.2 (e) of the Town
of Superior Subdivision Ordinance for specific details).
B. Following adoption of the "PAD" or "DMP" master
plan or final document, as the case may be, said plan shall not
be changed, amended or altered in any manner except as set forth
herein. Any substantial change or alteration in the physical or
spatial characteristics of the plan or its configuration, shall
be considered a rezoning and shall only be accomplished pursuant
to the provisions of this Article and processed in accordance
with Section 3.2 of this Zoning Ordinance.
SEC. 12.4 REVIEW CRITERIA.
A. The development application proposes substantial land use planning
standards and principles over and beyond the minimum standards
required by the conventional application of this Ordinance.
B. The development application proposes at least three (3) distinct
zoning districts and a mix of housing types and styles creating
neighborhoods and a sustainable community.
C. The development application demonstrates by narrative specific
goals exceeded in the Town of Superior General Plan and demonstrates
how the overall goal of the General Plan is exceeded by the proposed
development.
D. The development application represents a unique and ingenious
approach to land use development that separates itself from other
typical suburban and/or urban developments found within the region.
SEC. 12.5 DESIGN STANDARDS.
A. Applications for a "PAD" and/or a "DMP" Overlay
Zone may include a request to modify the development requirements
of the underlying zoning district, except as to overall density
and use. Modifications to the underlying zoning district requirements
shall be permitted only upon a finding that the proposed land
use and development will include all or a minimum of 90% of the
design elements and/or amenities listed below:
1. The proposed land uses and site design standards enhance and
protect environmentally sensitive areas.
2. Protects natural features, preserves view corridors, and preserves
ridges and peaks through the transfer of development densities
and similar strategies. Refer to the Town of Superior Subdivision
Ordinance Sec. 6.3.
3. Delineates the required common open space. Refer to the Town
of Superior Subdivision Ordinance Sec. 6.2 for the standards required
by the various uses.
4. Recreation and open space facilities proposed by the development
are linked to the community wide open space system as applicable.
5. Development adjacent to washes, where public trail systems
have been identified in the Superior General Plan, shall have
trail improvements designed consistently with Town standards and
such improvements shall be dedicated to the Town of Superior upon
completion.
6. Sidewalks and bike lanes are included in all planned arterial
street improvements. Refer to the Town of Superior Subdivision
Ordinance Sec. 6.5.
7.
Incorporates sidewalks or other related pedestrian facilities within
all
collective, street improvements. Refer to the Town of Superior
Subdivision Ordinance Sec. 6.5.
8. Proposes to provide safe pedestrian and bicycle access to schools,
parks, churches or other such community facilities located within
the boundary of the development.
9. Neighborhood scale recreation facilities and amenities shall
be provided which are functional and linked to open space areas.
If retention/detention basins are used in conjunction with recreational
facilities or amenities it shall be designed in accordance with
the Town of Superior Subdivision Ordinance Sec 6.2.
. 10.
Establishes a homeowner or property owner association to maintain
all roadway/right-of-way landscaping, pedestrian and bicycle paths
to the Town's standards at a minimum.
11. Proposes a mix of housing types, architectural styles, and
development densities as described in the Town of Superior Subdivision
Ordinance Sec 6.2. Not less than 10% and not more than 25% of
all dwelling units shall be offered as affordable housing.
12.
Reserves a park/school combination site(s) in accordance with the Town
of Superior General Plan.
13. (optional element) Dedication of school park site(s) are incorporated.
Park sites that are intended to be open to the public, where dedication
to the Town is proposed, shall be in accordance with adopted standards.
14. (optional element) Activity centers provide a wide range of
appropriate recreational services.
B. The Town Council may determine, that due to the complexity
of the project, sensitivity of the area, or scale of the project,
other design elements and/or amenities shall be required along
with the "PAD" and/or "DMP" approval, which
may exceed or be in lieu of the minimum 90% design elements provided.
SEC. 12.6 COMPLIANCE WITH OTHER PROVISIONS.
A. General Provisions:
The general provisions in Article XIII herein shall apply.
B. Parking regulations:
The
parking regulations are as provided in Article XIV herein.
C. Outdoor Lighting:
All outdoor lighting shall comply with Article XV herein.
Article XIII – General Provisions
SEC. 13.0 PURPOSE.
The purpose of this Article is to establish general development
and performance standards applicable to all Zoning Distric1s.
The standards and regulations set forth in this Article shall
qualify or supplement, as the case may be, the District Regulations
set forth elsewhere in this Ordinance. Any use that is not specifically
allowed or not analogous is hereby declared to be prohibited.
SEC.13.1 USE RESTRICTIONS.
A. Permitted Uses:
Shall be only those uses listed as permitted uses within the zoning
districts and shall be subject to the specific requirements of
the ordinance.
B. Conditional Uses:
Shall be only those uses listed as conditional uses and shall
require a Conditional Use Permit in order to be established within
the zoning district in which they are listed.
C. Unspecified Uses:
Whenever a use is proposed which, is not listed as a permitted
or conditional use in any zoning district, the Zoning Administrator
may make such a determination concerning its applicability. The
Planning and Zoning Commission may be consulted to determine the
appropriate zoning classification of such use. In making their
determination, the Planning and Zoning Commission shall consider
similar uses which are listed in the Ordinance.
SEC. 13.2 REDIVIDING of RECORDED LOTS.
A. No lot may be divided to create a lot not in conformance with
these regulations. No lot shall be divided or combined in any
manner other than through subdivision procedures as specified
by the Town of Superior Subdivision Ordinance.
B. No lot may be reduced in area so as to cause any open space
or yard required by this Ordinance to be less in dimension than
is required for the Zoning District and lot in question.
SEC. 13.3 STREET DEDICATION REQUIREMENTS.
A. All lots shall abut a dedicated and accepted public street
connecting to the publicly dedicated and accepted street system.
Through the "PAD" or "DMP" process as described
in Article XII of this Ordinance, the Town Council may allow private
streets.
B. Except for lots abutting private streets which have been specifically
permitted
for a "PAD" or "DMP" a building permit shall
not be issued for a recorded lot, which does not abut a dedicated
and accepted public street and the abutting street does not connect
to the publicly dedicated and accepted street system.
C. Prior to the acceptance by the Town of the dedication of a
public street, such street shall be designed, graded, and paved
in accordance with the provisions of all applicable street standards
of the Town of Superior.
SEC. 13.4 UNSUITABLE SITES.
No land shall be used or structure erected if the Planning and
Zoning Commission has determined that the land is unsuitable for
such use or structure by reason of potential flooding, concentrated
runoff, inadequate drainage, adverse soil or rock formation, extreme
topography, low percolation rate or bearing strength, erosion
susceptibility or any other feature or features which may render
such use or structure likely to be harmful to the health, safety
and general welfare of the community. The person or entity proposing
such use or structure on land determined by the Planning and Zoning
Commission to be unsuitable for such use or structure may appeal
the Planning and Zoning Commission's determination of unsuitability
and may present evidence to the Town Council in support of such
an appeal. The Town Council thereafter may affirm, modify, or
withdraw the determination of unsuitability.
SEC. 13.5 PERFORMANCE STANDARDS.
A. Every activity, operation or land use shall comply with the
following performance standards regardless of the zoning district
in which located and provisions for enforcement of compliance
with these performance standards shall be invoked by the Zoning
Administrator against any use wherever there is reasonable evidence
that performance standards are being violated by such use.
1. Glare and Heat. Any activity producing intense glare or heat
shall be performed within a completely enclosed building in such
a manner as not to create a nuisance or hazard along lot lines.
2. Lighting. No light which flashes, revolves or otherwise resembles
a traffic-control signal shall be allowed in any area where such
light could create a hazard for passing vehicular traffic. All
outdoor lighting shall be installed, maintained, and utilized
in conformance will Article XV of this Ordinance.
3. Fire and Explosion Hazards. All disposal of waste materials
by outdoor incineration on the premises is expressly prohibited.
All storage of, and other activities involving inflammable and
explosive materials shall be provided adequate safety devices
against hazards of fire and explosion, together with adequate
fire-fighting and fire suppression equipment and devices standard
in industry. All storage of inflammable or explosive materials
shall further comply with location requirements set forth by the
Fire Department or as established by this or other Town codes
and ordinances.
4. Vibration. Every use shall be so operated that the ground vibration
inherently and recurrently generated is not discernable, without
instruments, at any point beyond the site property line.
5. Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air
Pollution. No emission shall be permitted which can cause damage
to health, to animals, or vegetation, or other forms of property,
or which can cause excessive soiling.
6.
Liquids and Solid Waste. No materials, compounds or chemicals,
which can contaminate any water supply, interfere with bacterial
process in sewerage treatment or otherwise cause emission of elements
which are offensive or hazardous to the pubic health, safety,
welfare or comfort shall be discharged at any point into any public
sewer, private sewage disposal system or stream or into the ground,
except in accordance with the standards approved by the Arizona
State Department of Health and/or Environmental Services or such
governmental agency as may have jurisdiction over such activities.
7. Odors. No emission of odorous gases or other odorous matter
shaD be permitted in such quantities as to be offensive in such
a manner as to create a nuisance or hazard beyond the site property
line.
SEC. 13.6 PROJECTIONS INTO REQUIRED YARDS.
A. Except as authorized in this Section, the space in any required
yard shall be open and unobstructed, except for the ordinary projections
of chimney flues, awnings, open outside stairways and balconies,
window sills, belt courses, cornices, eaves and other architectural
features provided such features shall not project further than
three (3) feet into any required yard, and provided further that
in no case shall such projections be nearer than five (5) feet
to any property line.
B. Bay Windows, including their cornices and eaves, may project
into any required yard not more than three (3) feet, provided
the sum of such projections on any wall does not exceed one-third
(1/3) the length of the wall and provided that in no case shall
such projections be nearer that five (5) feet to any property
line.
C. Mechanical equipment, such as air conditioners, may be constructed
within any yard in conformance with this Ordinance, provided that
in no case shall said mechanical equipment create an open side
yard area of less than five (5) feet.
This open clear area extends from the front of the structure to
five (5) feet beyond the rear of the structure. All mechanical
equipment shall be screened from public view.
D. Upon compliance with the provisions of Section 3.3 of this
Ordinance, a conditional use permit (permit) may be granted for
the following encroachments within a single residential district
provided that no structure shall encroach or overhang any property
line or public right-of-way and all drainage from such structures
must flow onto the owner's property:
1. A permit may authorize a covered or enclosed one (1) story
porch to project into a required front yard, a distance of not
to exceed five (5) feet. No such encroachment, however, shall
be authorized into a required side yard.
2.
A permit may authorize a side entry garage to project into a required
front
yard a distance not to exceed ten (10) feet, but such structure
shall not extend into any required side yard.
3. A permit may authorize an .open carport to project into a required
front yard, provided all other provisions of this Ordinance are
complied with, and such authorization is consistent with the carport
structures that have been legally placed upon other residential
property on the block on which the applicant's property is located.
E. Any permit granted pursuant to subsection (D) of this Section
shall be at the sole discretion of the Mayor and Council after
receiving the recommendation of the Commission and considering
other legally existing encroachments of the nature requested in
the area in which the applicant's property is located.
SEC. 13.7 HEIGHT LIMITATIONS.
A. Building Height No building shall be erected, reconstructed,
or structurally altered to exceed the height limitations designated
for the zone in which such building or structure is located. Height
regulations established elsewhere in this Ordinance shall not
apply to the following:
1. In any district, to church spires, belfries, cupolas and domes
not for human occupancy, monuments, water towers, flagpoles for
displaying the flags of the U.SA or the State of Arizona, noncommercial
radio or television antennas or wireless communication towers
as approved in accordance with the requirements of Article XVI
of this Ordinance.
2. Chimneys in residential districts may be two (2) feet above
the roof line of the residential structure, even if the roof line
is at the maximum building height.
3. In industrial districts, to chimneys, smokestacks, derricks,
conveyors, grain elevators, or other similar structures wherein
the industrial process involved customarily requires a height
greater than otherwise permitted provided that such structure
shall be so located and constructed that if it should collapse,
its reclining length would still be contained on the property
on which it was constructed.
B. Height Limitation on Comer Lots:
Notwithstanding any other provisions in any zoning district the
height of any fences, walls, gateways, ornamental structures,
construction, hedges, shrubbery or other landscape plantings on
comer lots in all districts shall be limited to a height not to
exceed three (3) feet above the established elevation of the intersecting
streets for a distance of twenty (25) feet along the front and
side lot lines and within the triangle formed by the connection
of these two lot lines. Within this triangle, and in cases where
front yards are terraced, the ground elevation of such front yards
also shall not exceed three (3) feet above the established elevation
of the intersecting streets.
SEC. 13.8 ACCESSORY BUILDINGS and USES.
A. Accessory buildings or uses shall not be constructed or established
on a lot until construction of the principal building has been
actually commenced or the primary use established. Accessory buildings
shall not be used for dwelling purposes except for a guest house
as permitted elsewhere in this Ordinance.
B. Detached accessory buildings shall not be located in the required
front yard and may be built in the required rear yard but such
accessory buildings shall not occupy more than thirty (30%) percent
of the required rear yard and shall not be nearer than five (5)
feet to any side or rear lot line or setback line.
1. Should the accessory building be located partially within the
required rear yard and partially within the build-able area, that
portion within the build-able area shall be setback from any side
or rear lot line one (1) foot for every one (1) foot of height
of the accessory building but at no time shall it be closer to
any side or rear lot line than five (5) feet.
2. Accessory buildings located
in the rear half of the lot, at the rear of the
principal structure, may be located nearer than the otherwise
required side yard setback provided it is setback from any side
or rear lot line one (1) foot for every one (1) foot of height
of the accessory building but at no time shall it be closer to
any side or rear lot line than five (5) feet.
3. In the case of comer lots, accessory buildings shall maintain
side yard setbacks from the street side lot line as required for
the main structure in that zone; and when a garage is entered
from an alley, it shall not be located nearer than ten (10) feet
to the alley line.
4. Shall not exceed the height regulations of the zoning district
within any part of the buildable lot area, and shall not exceed
fifteen (15) feet in height in any required yard.
SEC.13.9 FENCES and WALLS.
A. No person, firm or corporation, shall construct, or cause to
be constructed or erected, any fence or wall within the town,
without first making application for and obtaining a building
permit for such construction.
B. All fences and walls shall be located entirely on the private
property of the person, firm or corporation constructing, or causing
the construction of any such fence or wall unless the owner of
the adjoining property agrees, in writing that such fence or wall
may be erected on the division line of the respective properties.
C. Every fence or wall shall be constructed in a diligent workmanlike
manner and of substantial material reasonably suited for the purpose
for which the fence or wall
is proposed to be used. Every fence or wall shall be maintained
in a condition of reasonable good repair and shall not be allowed
to become and remain in a condition of disrepair, damage, or unsightliness,
and shall not be allowed to constitute a nuisance, public or private.
Any such fence or wall which is, or has become, dangerous to the
public safety, health or welfare, or has become unsightly through
improper maintenance or neglect shall be deemed to be a public
nuisance and the Zoning Administrator may commence proper proceedings
for the abatement of such nuisance.
D. Electrical, barbed wire, or razor wire fences or walls shall
be prohibited.
E. In all districts no fence or wall shall be erected or maintained
at a height of no greater than three (3) feet six (6) inches within
the required front or street side setback. In all districts the
maximum height of any fence or wall shall be six (6) feet. These
height regulations shall not apply when fences of greater height
are required by the Planning and Zoning Commission or Town Council
in order to provide adequate screening as required by this Ordinance.
Utility companies which are regulated by the Arizona Corporation
Commission may be allowed increased fence heights due to national
or state standards.
SEC. 13.10 SWIMMING POOLS.
A. No swimming pool shall be located within the required front
yard or any utility easement and the waterline shall not be closer
than five (5) feet to any property line or any building.
B. Any swimming pool along with incidental installations. such as pumps and filters, shall be completely enclosed from adjoining lots by a protective fence, which does not contain openings that might be used for foothold climbing purposes, not less than five (5) feet in height. Residential structure walls containing an exterior entry door may be used in meeting pool enclosure requirements.
C. Access to such an enclosed area shall be through buildings, or
gates that are equipped with a minimum five (5) foot high self-closing
and self-latching gate which shall open outward away from the
pool with the latch/lock placed at least fifty (50) inches above
the underlying ground and with the closing devise (spring, pneumatic)
at least thirty-six (36) inches above the underlying ground. Any
vertical opening(s) or openings at ground level in a pool enclosure
fence (e.g. wrought iron) shall be of such size that a spherical
object four (4) inches in diameter cannot pass through the openings.
Wrought iron or wood barriers or enclosures shall be constructed
with at least fifty-four (54) inches between the top surfaces
of the horizontal members.
D. No heater, filter, pump or other mechanical equipment used
in association with any swimming pool shall be located within
five (5) feet of any property line. Any such mechanical equipment
shall be situated so that no exhaust, vibration, noise, or other
nuisance creates a disturbance to the adjoining property.
E. In all residential districts, contained bodies of water, either
above or below ground level, with the container being eighteen
(18) or more inches in depth and/or wider than eight (8) feet
at any point, measured perpendicular to the long axis, shall conform
to the location and fencing requirements for swimming pools. Irrigation
and storm water retention facilities, and the water features in
public parks and golf courses are exempt from the fencing requirements
of this section.
F. Day care centers and home day care centers which have swimming
pools. Fish ponds and other contained bodies of water, either
above or below ground level must provide a separate enclosure
between the day care facility and the body of water. Such barrier
shall be a protective fence of not less than five (5) feet in
height and of a distance of not less than three (3) feet from
the pool to the day care facility. Said protective fence shall
adhere to the specifications outlined in paragraph C of this section.
SEC. 13.11 HOME OCCUPATIONS.
A. A home occupation shall be considered a permitted accessory
use in all residential districts provided that they are operated
and maintained to not interfere with the peace, quiet, and dignity
of the neighborhood, if it complies with the following regulations:
1. All home occupations shall be clearly incidental and subordinate
to the use of the property and dwelling unit for dwelling purposes.
A valid Town sales tax and/or business license shall be maintained
for the home occupation use.
2. Is conducted entirely from within the principal residence or
garage, and shall not change the residential character thereof.
Carports, accessory buildings, and yards may not be used for home
occupations.
3. No more than twenty-five (25) percent of the gross floor area
of the dwelling shall be devoted to the home occupation. Areas
devoted to the home occupation use shall maintain a residential
appearance.
4. There shall be no employees other than members of the immediate
family residing in the dwelling unit where the home occupation
is being operated.
5. No business shall be conducted which requires delivery vehicles
or other services not customary to a residence. Deliveries and
pickups shall not block traffic circulation and shall occur only
between 8:00 a.m. and 8:00 p.m. Monday-Saturday.
6. There shall be no external evidence of the activity such as
outdoor storage, displays, noise, dust, odors, fumes, vibration,
electrical interference or fluctuation, or other nuisances discernible
beyond the property lines.
7. No signs signifying the business or any commercial product
or service are allowed.
8. Customer/patron and shipping/receiving trip generation shall
not exceed five (5) trips a day. Exceptions to this shall be allowed
for music, art, craft or similar lessons, swim lessons and home
day care providers.
9. No truck or van with a payload rating of more than one ton
shall be stored on the site. Outside storage of heavy equipment
or material shall be prohibited.
10.
Any parking incidental to the home occupation shall be provided only
in driveway and shall not create hazards or street congestion.
11. Storage of goods and materials necessary for the home occupation
shall not include flammable, combustible or explosive materials.
B. The following are examples of uses which would be acceptable
as home occupations provided they comply with the above regulations:
1. Home offices
with no client visits to the home permitted.
2. Personal services such as beauty shop, barber shop, seamstress
and catering.
3. Artists, sculptors, composers not selling their artistic product
to the public on the premise.
4. Craft work, such as jewelry-making and pottery with no sales
permitted on the premise.
5. Fine arts
lessons (music, art, crafts, dance), and swim lessons.
6. Telephone answering, message services, word processing and
other computer applications.
7. Day care as specified in Article V and Article VI of this Ordinance.
8.
Door to door sales or party sales not on the premise.
C. A home occupation shall not include, but shall not be limited
to, the following uses:
1. Medical, dental, physical or psycho-therapy, and real estate
offices.
2. Motor vehicle repair, painting, storage, restoration or conversion,
engine repair or similar uses.
3. Temporary or permanent motor vehicle display for purposes of
sale or lease.
4. Furniture refinishing.
5. Veterinarian office, animal grooming facilities, and animal
care, kennels or boarding facilities.
6.
Machine shop.
7.
Retail sales.
8. Contractors shops or storage yards.
9. Body piercing and/or painting and tattoos.
D. Any violation of the above conditions shall constitute just cause
for the immediate termination of the home occupation use. Complaints
by citizens or local residents may be cause for termination of
the home occupation use.
SEC. 13.12 OUTDOOR STORAGE and JUNK AUTOMOBILES.
A. With the exception of retail sales displays in an approved
commercial area, outdoor storage shall be screened from public
view by a six (6) foot high solid masonry fence or a view obscuring
fence. The presence of hazardous materials not to be used on-site
is prohibited.
B. In all residential districts, junk automobiles shall be stored
in a completely enclosed building. In commercial and industrial
districts, junk automobiles shall be stored in an enclosed building
or in an area that is screened from neighboring properties and
public view either by a solid wall or a view obscuring fence.
C. Storage of motor homes, travel trailers, camping trailers,
other trailers, boats or utility trailers may be permitted in
any residential district provided that the owner of the motor
home, travel trailer, camping trailer, other trailer, boat or
utility trailer resides on the property to which it is stored.
Such vehicles must be located behind the front line of the primary
structure.
SEC. 13.13 DUMPING and DISPOSAL.
A. No person shall obstruct or reduce the capacity of Queen Creek
Wash or any other natural water way within the Town by filling
or dumping any earth, stone or other materials therein.
B. The use of land for the dumping or disposal of scrap iron,
junk garbage, rubbish or other refuse, or of ashes, slag, or other
industrial wastes or byproducts shall be prohibited in every zoning
district except as specifically otherwise provided in this Ordinance.
SEC. 13.14 TEMPORARY EVENTS or USES.
A. The provisions of this section do not apply to garage sales
or rummage sales.
All other temporary carnivals, circuses, revivals, rodeos, swap
meets, seasonal or cultural activity, block parties, holiday boutiques,
pumpkin and Christmas tree lots, haunted houses or other community
activity may be permitted only in residential districts when utilizing
a public facility site, such as but not limited to, school grounds
or church facilities, and in the "TC" and commercial
districts. All such temporary uses shall be subject to the criteria
of subsection B of this section and shall be processed in accordance
with Sec. 3.4 of this Ordinance.
B. A temporary use permit shall be obtained from the Town Council
in accordance with the following:
1. The Zoning Administrator shall ensure that health and safety
are considered, and shall obtain approval of the Pinal County
Health Department, as well as the Towns' Fire and Police Departments
prior to submitting the temporary use permit for Town Council
consideration.
2. The Town Council shall ensure that land area is adequate for
the purposed use and consequent parking, and shall ensure that
traffic safety is considered.
3. The Town Council shall require any measures necessary to protect
surrounding property.
4.
A time limit shall be established for each use conducted under the
temporary use permit. This time limit shall in no case exceed seven
(7) consecutive days, nor shall more than four (4) temporary use permits
be issued for the same use during any calendar year. Exceptions to
the time limitation may be granted for seasonal uses by the Town Council.
5. Permanent structures shall not be permitted under a temporary
use permit.
SEC. 13.15 RECREATIONAL VEHICLE PARKS.
A. Recreational vehicle (RV) parks shall be allowed within the
zoning district which specifically allows this use, and shall
require a conditional use permit issued by the Town Council in
accordance with Sec. 3.3 of this Ordinance.
B. Site Specification. All RV parks shall provide adequate streets,
driveways, walkways, proper layout of park, proper sanitary facilities,
adequate fire protection, adequate water supply, and adequate
protection of surrounding properties. All RV parks shall comply
with the following in addition to other requirements of this Ordinance:
1. No manufactured homes or site built dwelling units shall be
permitted except for that of the owner/manager and permanent maintenance
personnel.
2. RV parks shall not be used as permanent residences except for
that of the owner/manager and permanent maintenance personnel.
Maximum length of stay in any RV park shall be one hundred eighty
(180) days per calendar year.
3. Recreational amenities or social centers, which may be used
for dancing, crafts, hobbies, games, meeting, banquets, and similar
recreational uses may be of conventional construction.
4. There shall be a maximum density of 20 spaces per net acre.
Each space shall be a minimum of one thousand two hundred fifty
(1250) square feet and at least thirty (30) feet in width. There
shall be a minimum of ten (10) feet between adjoining recreational
vehicles, including all attached awnings or shade canopies.
5. Each park must provide an adequate and easily identifiable
office or registration area. The location of the office shall
not interfere with the normal flow of traffic into and out of
the RV park.
6. Each RV unit shall be equipped with wheels which remain on
the unit however the wheels may be blocked for stability.
7. No permanent room addition shall be attached to the RV unit
nor shall the unit be attached to any permanent structure.
8. A minimum of one (1) toilet, one (1) sink, and one (1) hot
shower provided for men and one (1) toilet, one (1) sink, and
one (1) hot shower provided for women, each designed for complete
privacy, for each twenty (20) spaces or fraction thereof.
9. A common use laundry facility shall be provided at a ratio
of one (1) washer and one (1) dryer for each twenty (20) spaces
or fraction thereof.
10. At least one (1) public telephone shall be provided.
11. Conversion of an established RV park, to another residential
use, shall be subject to approval as outlined in Article III.
Sec.3.6 of this Ordinance and shall be limited to the number of
dwelling units per acre that can be constructed at a density that
is compatible with the existing residential development in the
surrounding area.
Article XIV – Parking Provisions
SEC. 14.0 PURPOSE.
The purpose of this Article is to establish minimum standards
for the provisions of adequate off-street parking, loading and
maneuvering spaces for the uses permitted by this Ordinance in
a manner which is safe, efficient, convenient and visually attractive.
These regulations shall apply to new construction and expansion
of or changes to existing uses permitted by this Ordinance. The
regulations set forth in this Article shall supplement the District
Regulations set forth elsewhere in this Ordinance.
SEC. 14.1 GENERAL REGULATIONS.
A. All required parking and loading spaces and maneuvering areas
shall be provided on the same parcel or lot as the principal structure
wherever possible. A contiguous lot may be used for parking purposes
if incorporated into the development site and properly zoned for
parking purposes.
B.
All vehicular egress from parking lots to public right-of-way shall
be by forward motion only, except in the case of a single residence
fronting on a local street.
C. Parking spaces shall not be located in the front yard setback,
or a side yard setback when adjacent to a residential zoning district.
D. No part of any vehicle may overhang into a public sidewalk
or within five (5) feet of a street curb where no sidewalk exists.
E. Tandem arrangement of required parking spaces is prohibited.
F.
The parking of commercial rated vehicles in a residential zone may
be permitted. The keeping or storage of commercial rated vehicles in
a residential zoning district is prohibited.
SEC. 14.2 IMPROVEMENTS.
A.
Required parking and loading spaces, maneuvering areas, driveways,
and fire lanes shall be paved with asphalt, concrete, paving stones
or masonry to a sufficient thickness to withstand repeated vehicular
traffic, except in single residence uses.
B. All required off-street parking spaces shall be connected with
a public street by a paved driveway not less than twenty (20)
feet in length within the property line, except for single residence
uses.
C. All off-street parking lots shall be screened from street view
and landscaped in accordance with the regulations of this Ordinance
for the specific zoning district of the use and this article.
D. A six (6) inch vertical concrete curb shall be required between
any parking area and landscape area to protect the landscaped
area and control vehicular circulation.
SEC. 14.3 REQUIRED PARKING SPACES BY USE TYPE.
A. The number of parking spaces required to be provided for uses
permitted in this Ordinance are specified in the following table.
TABLE S - REQUIRED PARKING SPACES
LAND USE
REQUIRED
REQUIRED
VEHICLE PARKING
SPECIAL PARKING
Residential Uses
Single Residence. detached dwellings
2 spaces: dwelling
N/A
Multiple Residence:
Efficiency
1 space: unit plus *
One (II bedroom units
1.5 spaces: unit plus *
N/A
Two (2) bedroom units and larger
2 spaces: unit plus *
Town homes and Condominiums
2 spaces: unit plus *
*
One (II visitor space per ten (10) units must be provided.
At least one parking space per multiple residence unit must
be covered and assigned to a unit.
Institutional Uses
Churches:
Main assembly (fixed seating)
1 space: 4 seats
Main assembly (without fixed seating)
1 space: 100 sq. It. of G.F.A-
1 bicycle: 20 vehicle spaces
Classrooms and other buildings
1 space: 300 sq. ft. of G.F.A.
Hospitals
1 space: bed plus
1 bicycle: 20 vehicle spaces
1 space: physician
Elementary Schools & Jr. High Schools.
1 space: classroom; plus
1 bicycle: 10 students
1 space: 300 sf. G.FA
High Schools. Trade Schools & Colleges
1 space: each employee plus
1 bicycle: 20 students
1 space: 6 students
LAND USE
REQUIRED
REQUIRED
VEHICLE PARKING
SPECIAL PARKING
Commercial Uses
Commercial Amusement - Outdoors:
Golf courses
2 space: hole plus
1 space: 200 sf GFA clubhouse
Miniature golf courses
1 space: 200 sf
1 bicycle: golf hole
Driving ranges
1 space: 1 tee spaces
Batting cages
1 space: cage
1 bicycle: cage
Stadiums
1 space: 4 seats
Commercial Amusement - Indoors:
Amusement center / arcades
1 space: 100 sf GFA
1 bicycle: 10 vehicle spaces
Skating rinks
1 space: 200 sf GFA
1 bicycle: 10 vehicle spaces
Dance clubs
1 space: 200 sf GFA
1 bicycle: 20 vehicle spaces
Theaters
1 space: 6 seats
1 bicycle: 20 vehicle spaces
Bowling alleys
4 spaces: lane
1 bicycle space: lane
Billiard hall
2 spaces: table
1 bicycle space: table
Parks (public or private)
30 spaces: athletic field
1 bicycle: 10 vehicle spaces
Health clubs, gymnasiums
1 space: 100 sf GFA
1 bicycle: 20 vehicle spaces
1 motorcycle: 10 vehicle
Medical & Dental Offices, Clinics
1 space: 200 sf G.FA .
1 bicycle: 20 vehicle spaces
1 space: 2 employees
1 motorcycle: 10 vehicle
General, Professional & Civic Offices
1 space: 250 sf G.FA
1 motorcycle: 10 vehicle
Retail sales, personal services, banks,
1 space: 250 sf GFA
1 bicycle: 20 vehicle spaces
Grocery stores, convenience stores
1 motorcycle: 10 vehicle
1 large vehicle: 10 vehicles
Hotels, Motels and Bed & Breakfast
1 space: room plus
1 motorcycle: 20.vehic1e
ancillary use requirements
1 large vehicle: 10 vehicles
Bars and Cocktail Lounges
1 space: 75 sf GFA
1 motorcycle: 10 vehicle
Restaurants
1 space: 50 sf GFA
1 bicycle: 20 vehicle spaces
1 motorcycle: 10 vehicle
1 large vehicle: 10 vehicles
Funeral Home
1 space: 4 seats
N/A
Automobile repair
1 space: 100 sf GFA \plus
1 space: employee
1 motorcycle: 10 vehicle
LAND USE
REQUIRED
VEHICLE PARKING
REQUIRED
SPECIAL PARKING
Outdoor Sales:
plant nursery, building supplies, RV & boat sales, and automobile sales
1 space: 375 sf GFA display plus
1 space: employee
N/A
Swap Meet, Farmers Market
1 space: 100 sf GFA sales area
1 bicycle: 20 vehicle spaces
1 motorcycle: 10 vehicle
Industrial
Uses
Manufacturing, Assembly, Production
1 space: 500 sf GFA
1 motorcycle: 20 vehicle
Wholesale Sales, Warehouse and Freight Movement
1 space: 800 sf GFA
1 motorcycle: 20 vehicle
Waste Related Uses
1 space: employee
1 motorcycle: 20 vehicle
Mini-warehouse / self-storage facility
4 spaces plus
2 spaces for manager's quartets
N/A
B. In calculating the total number of required off-street
parking spaces, fractional amounts shall be rounded up to
the nearest whole number if the fraction is 0.5 or greater.
C. The number of parking spaces required for uses not listed
shall be determined by the Zoning Administrator and approved
through the site plan process.
D. In the case of mixed uses, the total requirement for off-street
parking spaces shall be the sum of the requirements of the
various uses computed separately. Cumulative parking space
requirements for mixed-use occupancies may be reduced where
it can be demonstrated that the peak requirements of the
several occupancies occur at different times.
E. Required parking areas should be located to the rear or
side of the building.
F. Covered parking spaces shall be provided as follows:
1. Multiple residence projects shall provide one covered
parking space per unit.
2. Office use developments shall provide one covered parking
space per office or suite.
SEC. 14.4 PARKING SPACE/MANEUVERING DIMENSIONS.
A. Large Vehicle Parking:
Certain uses may be required to install large customer parking
spaces for trucks, trucks hauling equipment, and recreational
vehicles. Minimum dimension standards for large vehicles
shall be twelve (12) feet wide by thirty five (35) feet long.
Said spaces shall be clearly marked for customer use.
B. Disabled Parking:
All off-street parking areas, other than for single residence
uses, shall include reserved spaces for use by disabled persons.
Disabled parking, in accordance with the Americans with Disability
Act (ADA) of 1990, shall be provided at a rate of two (2%)
percent of the total required vehicular parking spaces. Minimum
dimension standards for disabled parking shall be as follows: °©
1. Single space: Sixteen (16) feet wide by twenty (20) feet
long and shall be prominently stripped (eleven (11) feet
width of space plus a five (5) foot access aisle).
2. Double space: Twenty-seven (27) feet wide by twenty (20)
feet long and shall be prominently stripped (eleven (11)
feet width of each space plus a five (5) foot access aisle
between spaces).
C. Standard Parking:
The standard parking space shall be nine (9) feet wide by
eighteen (18) feet long unless specified otherwise by this
Ordinance.
D. Loading Space:
There shall be provided on the same lot with each commercial
and industrial building or structure adequate space for off-street
loading, unloading and the maneuvering of commercial vehicles.
There shall be no loading or unloading of commercial vehicles
on the public street. Off street maneuvering space shall
be provided so that no backing onto or from a public street
is required. The loading space shall be twelve (12) feet
wide by forty-five (45) feet long and a minimum of fourteen
(14) feet-in height.
E. Exceptions:
Off-street parking and loading requirements, as specified
in this Article, may be modified by the Town Council for
properties located within the Town Center area.
F. Hours of Operation:
On-site operations shall prohibit non-emergency loading and
unloading of materials, exterior maintenance, refuse removal
and other activities which generate noise beyond the property
boundaries between the hours of 7:00 p.m. and 7:00 a.m.
G. No loading docks, service bays, or service windows shall
be visible from an arterial
or collector roadway.
H. Applicants shall be required to differentiate on applications
the different type of
customer parking provided.
SEC. 14.5 PARKING LOT LANDSCAPE REQUIREMENTS.
A. Amount Required.
In parking lots, at least ten (10%) percent of the interior
parking area, exclusive of perimeter landscaping and frontage
landscaping. For every ten (10) required parking spaces,
or portion thereof, a minimum of one (1) tree and two (2)
shrubs shall be provided within the interior of the parking
area. Trees located in the interior of the parking area shall
have a clear trunk of at least five (5) feet and shrubs located
in the interior of the parking area a maximum height of three
(3) feet for adequate visibility.
B. Location.
Landscape areas shall be located and designed in such a manner
as to break up the expanse of paving, better define parking
circulation, and provide shade and comfort. The required
landscaping should be located in protected areas such as
along walkways, in center islands, at the ends of bays, or
between parking stalls. Landscape areas shall contain a minimum
of twenty-five (25) square feet and shall have a minimum
width of five (5) feet.
C. Irrigation of Parking Lot Landscaping.
All right-of-way street frontage, perimeter and interior
parking area landscaping shall be provided with a pressurized,
underground irrigation system.
D. Maintenance of Landscaping. The maintenance of all required
landscaping, whether located on the property or within the
adjoining right-of-way frontage shall be the responsibility
of the property owner.
Article XV – Outdoor Lighting Provisions
SEC. 15.0 PURPOSE.
The purpose of this Article is to control artificial illuminating
devices emitting rays into the night sky which have a detrimental
effect on the rural atmosphere, astronomical observations, or
which would otherwise be offensive to neighboring and near-by
properties.
SEC. 15.1 CONFORMANCE WITH APPLICABLE CODES.
A. All outdoor artificial illuminating devices shall be installed
and utilized in conformance with the provisions of this section,
and all other ordinances or building codes of the Town of Superior.
B. Where any provisions of the Arizona State Statutes, or any
federal law, or any companion ordinance conflicts with the requirements
of these outdoor lighting provisions the most restrictive shall
govern.
C. The provisions of this Article are not intended to prevent
the use of any material or method of installation not specifically
prescribed by this Article, provided any such alternate has been
approved in writing by the Town of Superior Zoning Administrator.
The Zoning Administrator shall consider any state of the art technology
which is consistent with the intent of the Ordinance as new lighting
technology develops which is useful in reducing light above the
horizontal plane.
SEC. 15.2 DEFINITIONS.
For the purpose of this Article the following terms shall have
the following definitions:
A. Filtered.
Outdoor light fixtures whose transmission is less that five percent
(5%) total emergent flux at wavelengths less than thirty-nine
hundred (3900) angstroms. Total emergent flux is defined as that
between three-thousand (3000) and seven-thousand (7000) angstrom
units.
B. Fossil Fuel Light.
Light produced directly or indirectly by the combustion of natural
gas or other utility-type fossil fuels.
C. Fully Shielded.
Means the fixture shall be shielded so that light rays emitted
by the fixture, either directly from the lamp or indirectly from
the fixture, are projected below a horizontal plane running through
the lowest point on the fixture where light is emitted.
D. Individual.
Any private individual, tenant, lessee, owner, or any commercial
entity including, but not limited to, companies, partnerships,
joint ventures or corporations.
E. Installed.
The initial installation of outdoor light fixtures, defined herein,
on or after the effective date of this Article.
F. Luminary.
A body that gives light.
G. Outdoor Light Fixtures.
Outdoor artificial illuminating devices, outdoor fixtures, lamps
and other devices permanent or portable, used for illumination
or advertisement purposes. Such devices shall include, but are
not limited to search, spot, or floodlights for:
1. Buildings and structures.
2. Recreational areas.
3. Parking lot lighting.
4. Landscape lighting.
5. Billboards and other signage (advertising or others). 6. Street
lighting.
7. Building overhangs and open canopies.
8. Product display area lighting.
H. Partially Shielded.
Means the fixture shall be shielded so that the bottom edge of
the shield is below the plane centerline of the light source (lamp),
minimizing the emission of light above the horizontal plane.
SEC. 15.3 GENERAL REQUIREMENTS.
A. Shielding.
All outdoor light fixtures, except those exempt from this Article,
shall be fully or partially shielded as required in the following
Table 9 of this section. Light sources that must be shielded shall
be shielded in a manner that the bulb or light source from the
fixture is not visible from an adjoining property or from the
street view.
B. Filtration. All outdoor light fixtures, except those exempt
from this Article, shall be filtered as required in the following
Table 9 of this section.
C. Building and Structures.
Overhead lighting used to light building overhangs and open canopies
shall be fully recessed within the overhang or canopy. The architectural
use of light bars shall be minimized and the light directed downward.
Within a fifteen foot radius of the entry door there shall be
lighting. Security lighting mounted on the building shall be shielded
in accordance with Table 9 and shall not exceed a height of fifteen
(15) feet.
TABLE 9 - REQUIREMENTS FOR SHIELDING AND FILTERING
FIXTURE LAMP TYPE
SHIEILDING
FILTERlNG l
Low Pressure Sodium2
Fully
None
High Pressure Sodium
Fully
None
Metal Halide
Fully
Yes
Fluorescent
Fully3
Yes4
Incandescent greater than 75W
Fully
None
Incandescent less than 75W
Partially
None
Fossil Fuel
None
None
Glass Tubes filled with Neon,
None
None
Argon, Krypton
Other Lamp Types
AS APPROVED BY THE ZONING ADMINISTRATOR
FOOTNOTES:
1.
Glass, acrylic, or translucent enclosures satisfy these filter
requirements except that quartz
glass does not meet this requirement.
2.
This is the preferred lamp type to minimize undesirable light
into the night sky affecting
astronomical observations.
3.
Outdoor advertising signs of the type constructed of translucent
materials and wholly
illuminated by fluorescent light from within do not require
shielding. For such signs, total
lamp wattage per sign shall be less than 75 watts except
for signs using dark backgrounds
with light lettering or symbols.
4.
Warm White and Natural Lamps are preferred to minimize detrimental
effects.
5.
For the purpose of this Chapter, quartz lamps shall not be
considered an incandescent
light source.
D. Parking Lot Lighting:
The use of fixtures with excessive candle power shall be
avoided.
1. The minimum lighting intensity in parking areas should
be 1.0 foot-candle with the level of illumination as measured
at the property line not to exceed 0.25 foot-candle.
2. The maximum height of parking lot lighting standards (poles)
shall be fifteen (15) feet. Lighting standards located near
buildings and adjacent to sidewalks shall not exceed twelve
(12) feet in height. This provision does not apply to lighting
on buildings nor to lighting along Hwy U.S. 60.
3. High activity areas such as near building entrances and
pedestrian corridors may provide greater lighting intensity
as may be approved by the Town.
E. Outdoor Advertising Signs. All exterior lighting fixtures
used to illuminate an outdoor advertising sign or billboard
shall be mounted on the top of the sign structure and directed
downward.
F. All outdoor or exterior lighting shall be directed down.
No intermittent, flickering
or flashing lights shall be permitted.
G. Low pressure sodium lamps are the preferred light source
for minimizing adverse effects on astronomical observations.
SEC. 15.4 PROHIBITIONS.
A. Searchlights.
The operation of searchlights for advertising purposes is
prohibited.
B. Recreational Facilities.
No outdoor recreational facility, public or private, shaD
be illuminated by non-conforming means after 11:00 P.M. except
to conclude a specific recreational, sporting or other activity
that began prior to 10:00 P.M.
C. Exterior Lighting.
All lighting for off-street parking or loading areas, external
illumination of the building or signs, or any product display
lighting shall be directed away from and shielded from any
residential property and shall not detract from driver visibility
on adjacent streets.
D. Mercury Vapor and Quartz-Halogen.
The installation of mercury vapor or quartz halogen fixtures
is prohibited. Existing mercury vapor and quartz halogen
fixtures shall either be replaced or equipped with a filter
and fully shielded.
E. Signage.
Bottom mounted outdoor light sources for any advertising
sign lighting.
SEC. 15.5 EXEMPTIONS.
A. Nonconforming Fixtures. All outdoor light fixtures existing
and fully installed prior to the effective date of this Ordinance
may remain "nonconforming" indefinitely; provided,
however, that no change in use, replacement, structural alteration,
or restoration (after abandonment of outdoor light fixtures)
shall be made unless it thereafter conforms to the provisions
of this Article.
B. Lighting produced by the combustion of natural gas or
other utility-type fossil fuels is exempt. (This does not
exempt lighting produced indirectly from combustion of natural
gas or other utility-type fossil fuels, such as through the
use of electricity to produce lighting.)
C. Federal and State Facilities. Those facilities and lands
owned, operated or protected by the U.S. Federal Government
of the State are exempted by law from all requirements of
this Article. Voluntary compliance with the intent of this
Article at those facilities is encouraged.
SEC. 15.6 PROCEDURES FOR COMPLIANCE.
A. Application.
1. Any individual applying for a building or use permit under
the Town regulations intending to install outdoor lighting
fixtures shall, as a part of said application, submit evidence
that the proposed work will comply with this Article.
2. All other individuals intending to install outdoor lighting
fixtures shall submit an application to the Building Inspector
providing evidence that the proposed work will comply with
this Article. Landscape lighting or decorative lighting consisting
of light fixtures of incandescent bulbs under twenty-five
(25) watts are exempt from the requirements of this paragraph.
B.
Contents of Application.
The
application shall contain, but shall not necessarily be limited
to, the following information:
1. Plans indicating the location on the premises, and the
type of illuminating devices, fixtures, lamps, supports,
other devices, etc.
2. Manufacturer's catalog cut sheets and drawings which describe
the illuminating devices, fixtures, lamps, supports, and
other devices, etc.
C. Issuance of Permit.
Upon compliance with the requirements of this Article, the
Building Inspector shall issue a permit for installation
of the outdoor lighting fixtures, to be installed per the
approved application. In the event the application is part
of a building permit application, the issuance of the building
permit win be granted if the applicant is in compliance with
this Article as well as other pertinent laws and regulations.
D. Amendment to Permit.
Should the applicant desire to substitute outdoor light fixtures
or lamps, after a permit has been issued the applicant must
submit all changes to the Building Inspector for approval,
as well as adequate information to assure compliance with
this Article.
Article XVI – Wireless Communications
SEC. 16.0 PURPOSE.
The purpose of this Article is to establish general guidelines
and a review procedure for the sitting of wireless communications
towers and antennas.
SEC. 16.1 INTENT.
The intent of these provisions is to protect neighborhoods, protect
scenic and environmentally sensitive areas, prompt co-location,
prompt location on existing structures, and improve the aesthetics
of the facilities through careful design and innovative camouflaging
techniques.
SEC. 16.2 CONFORMANCE WITH APPLICABLE CODES.
A. All towers and antennas must meet or exceed current standards
and regulations of the FAA, the FCC, any other agency of the state
or federal government with the authority to regulate towers and
antennas, and the provisions of this Article. The following provisions
are not intended to prevent the use of any material or method
of installation not specifically prescribed by this Article, provided
any such alternate has been approved in writing by the Town of
Superior Zoning Administrator. The Zoning Administrator shall
consider any state of the art technology, which is consistent
with the intent of the Ordinance, as new wireless communication
technology develops.
SEC.16.3 DEFINITIONS.
For the purpose of this Article the following terms' shall have
the following definitions:
A. Alternative Tower Structure.
Any clock or bell towers, church steeples, chimneys or stacks,
elevators, light poles, power poles and similar alternative°© design
mounting structures that camouflage or conceal the presence of
antennas or towers.
B. Antenna.
Any exterior transmitting or receiving device mounted on a tower.
building or structure and used in communications that radiates
or captures electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunication
signals, or other communication signals.
1.
Whip Antenna - A long and thin device that transmits and/or receives radio
frequency signals in a 360 degree radial pattern.
2. Panel Antenna - A relatively flat rectangular device that transmits
and/or receives radio frequency signals in a directional pattern
of less than 360 degrees.
3. Dish Antenna - A bowl-shaped device for the reception and/or
transmission of radio frequency communications signals in a specific
directional pattern.
C. Building Mounted Antenna.
Any antenna that is attached to the walls of, or integrated into
buildings or parapet- walls.
D.
Co-location.
The
use of a single mount and/or site by more than one personal wireless
service.
E. Equipment Cabinet.
An enclosed shed or box at the base of or near a PWSF mount within
which are housed, among other things, batteries and electrical
equipment (hereinafter referred to as "equipment").
This equipment is connected to the antenna by cable.
F. FAA.
The Federal Aviation Administration.
G.
FCC.
The
Federal Communications Commission.
H. Height.
The height of monopoles and towers shall be measured from natural
grade to the top of all appurtenances. The height of rooftop mounted
communication equipment shall be measured from the roof elevation
to the top of all appurtenances. The height of building mounted
communication equipment shall be from the top of the equipment
to natural grade.
I. Monopole.
A
facility used exclusively for PWSF mounts and is self°© supporting
with a single shaft of steel, concrete or wood.
J. Mount.
The ground or the structure to which a PWSF is attached.
K. Personal Wireless Service Facility (PWSF).
A facility for the provision of personal wireless services as
defined by the Telecommunications Act of 1996, and any amendments
thereto. Personal wireless service facilities are composed of
two (2) or more of the following components:
1. Antenna
2. Mount
3. Equipment Cabinet
4. Wall or Security Barrier.
L.
Site.
The
physical location occupied by a single tower and its accompanying ground-mounted
or roof-mounted equipment. .
M. Tower.
Any structure which is designed and constructed primarily for
the purpose of supporting one (1) or more antennas for telephone,
radio and similar communication purposes, including monopole towers.
The term includes radio and television transmission towers, microwave
towers, common-carrier towers, and digital and/or cellular telephone
towers, alternative tower structures, and the like. The term also
includes the structure and any support thereto. Lattice-type structures
or structures which require the use of guy wires are discouraged.
SEC. 16.4 GENERAL REQUIREMENTS.
A. Antennas and towers may be considered as either a principal
or an accessory use. A different existing use of an existing structure
on the same lot shall not preclude the installation of an antenna
or tower on such a lot.
B. For purposes of determining whether the installation of a tower
or antenna complies with district development regulations, including
but not limited to setback requirements, lot coverage requirements
and other such requirements, the dimensions of the entire lot
shall control, even though the antennas or towers may be located
on leased parcels within such lot.
C. The setback of the communication equipment and/or the accessory
structures shall meet the building setbacks for the zoning district
in which it is located. Towers shall be set back a distance equal
to at least one hundred percent (100%) of the height of the tower
from any adjoining lot line. Facilities that are located on street
lights, traffic signals poles, sixty-nine (69) kilovolt or above,
and existing electrical utility poles are exempt from setback
requirements.
D. Towers shall be painted or treated to minimize the contrast
of the tower against the horizon. At a tower site, the design
of the buildings and related structures shall use materials, colors,
textures, screening and landscaping that will blend them into
the natural setting and surrounding development.
E. If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment
must be painted or treated such that they match the color and/or
texture of the supporting structure.
F. Rooftop mounted equipment shall be screened from off-site views
to the extent possible by solid screen walls or the building parapet.
Screening shall be integrated into and architecturally compatible
with the building design.
G. Building mounted antennas shall be mounted a minimum of one
(1) foot below the top of the building wall, shall not be extended
more than twelve (12) inches from the face of the building, and
shall be either treated or painted to match the color and texture
of the building.
H. Towers shall be enclosed by security fencing not less than six
(6) feet in height and no more than eight (8) feet in height and
shall be non-climbable. Above ground equipment cabinets shall
be completely screened from view by a compatible solid wall or
view obscuring fence.
I. All equipment shall be unmanned. Equipment storage buildings
or cabinets shall comply with all applicable building codes.
J. Any exterior lighting shall be within the walled area and shall
be mounted on poles or on the building wall below the height of
the screening fence or wall. Towers shall not be artificially
lighted, unless required by the FAA or other applicable authority.
If lighting is required, the lighting alternatives and design
chosen must cause the least disturbance to the surrounding views.
K. No signs shall be allowed on an antenna, on a tower or on any
portion of the premises leased for wireless communication use
except that each PWSF shall be identified by a permanently installed
plaque or marker, no larger than 4" by 6", clearly identifying
the provider's name, address and emergency phone number.
L. All new towers or poles over 40 feet in height shall allow
for co-location by other wireless communications providers.
SEC. 16.5 PERMITIED USES.
A. Wireless communication towers and antennas located on property
owned, leased, or otherwise controlled by the Town of Superior
shall require review and approval by the Zoning Administrator
provided a license or lease authorizing such antenna or tower
has been approved by the Town of Superior Town Council. No such
license or lease shall be issued for a tower located within three
hundred (300) feet of any residentially zoned property until a
public hearing has been held at a regular or special Town Council
meeting. No such license or lease shall be granted for a tower
or antenna located within the "OSC" or "TC” zoning
districts.
B. Upon compliance with the requirements of this article and stipulations
of the Conditional Use Permit, if applicable, the Building Inspector
shall issue a permit for installed per the approved application.
SEC. 16.6 CONDITIONAL USE PERMITS.
The following provisions shall govern the issuance of Conditional
Use Permits for towers and antennas by the Town Council.
A. Wireless communication towers and antennas proposed to be located
on property that is not owned, leased, or otherwise controlled
by the Town of Superior shall require a Conditional Use Permit,
in accordance with Section 3.3 of this Ordinance.
B. In granting a Conditional Use Permit the Town Council may impose
conditions to the extent such conditions are necessary to minimize
adverse effects of the proposed tower or antenna on adjoining
properties, and to blend with other similar vertical objects and
not be intrusive in its setting or obtrusive to views and the
surrounding landscape.
C. When a use permit is granted for a co-location on a facility
with an existing use permit, the action of granting the new use
permit shall extend the existing use permit so that they will
expire simultaneously.
SEC. 16.7 SUBMITTAL REQUIREMENTS.
A. All wireless communication facilities shall submit the following
information:
1.
All PWSF applications will go through the normal pre-application process
as outlined in Section 3.0 of this Ordinance.
2.
A map of the service area for this facility.
3.
A scaled site plan indicating the location, type and height of the
proposed facility, mounting style and number of antennas on each
facility, on-site land uses and zoning, adjacent land uses and
zoning, proposed means of access, setbacks horn property lines,
elevation drawings of the proposed facilities, and any other information
deemed by the Zoning Administrator to be necessary to assess compliance
with this article.
4. Each applicant for an antenna and/or a tower shall provide
the Town with an inventory of its existing towers, antennas, or
sites approved for towers, antennas, which are within the jurisdiction
boundaries of the Town of Superior, the Town's planning area as
determined by the Superior General Plan, and within one mile of
the Town's border. The inventory shall include specific information
about the location, height, range, design of each antenna and/or
tower, and the owner/operator of the existing facilities if known.
This inventory shall also include a one-year build-out plan for
all other wireless communications facilities within the Town.
B. All new towers or poles shall also provide the following information:
1. A map that shows any personal wireless antenna monopoles or
towers, within a mile radius of the proposed site that are existing
or are currently under construction.
2. Description of any efforts to co-locate the proposed facility
on one of the monopoles or towers that currently exists, or is
under construction. Provide engineering information or letters
from the owners of the existing monopoles describing why co-location
is not a possibility.
3. Description of detailed efforts to locate the proposed facility
on an existing vertical element, such as a building or a pole,
that is comparable to the height of the proposed facility. Include
a map of the sites.
4. The applicant shall demonstrate that the engineering of a proposed
new tower or pole and the placement of ground mounted facilities
will accommodate other providers' facilities. The owner of the
tower or pole and the property on which it is located must certify
that the tower or pole is available for use by another wireless
telecommunications provider on a reasonable and non-discriminatory
basis.
5. Description of efforts to blend personal wireless facilities
with the surrounding area, including the process for arriving
at the color for the proposed pole or tower. Describe the efforts
to minimize the diameter of the pole and the mass of the tower
supporting the proposed facility.
6.
Illustrate the method of fencing and the finished texture and color
and, if applicable, the method of camouflage and illumination.
C.
All new rooftop and building mounted PWSF shall also provide the following information:
1.
Description of the type, height, mounting style, number of antennas,
and method of screening or blending the facility with the building.
2. Description of the process for arriving at the color of the
personal wireless facility and the options that were explored
for screening the personal wireless facility.
3. Description of the alternative structures used and any structural
alterations that may be required to accommodate the PWSF, such
as but not limited to, elements that camouflage or conceal the
presence of antennas or poles, if a pole is utilized to support
the personal wireless facility.
SEC. 16.8 EXEMPTIONS.
A.
Amateur radio towers and antennas are permitted in all residential
districts, without a Conditional
Use Permit, provided:
1. Such structures shall not be located in the required front
yard, or required street side, side yard, or in front of the front
line of the dwelling or principal building; and
2. Such structures does not exceed a height of fifteen (15) feet
within a required side or rear yard; and
3.
Such structures does not exceed the maximum building height of the
zoning
district in which such structure is located; and
4.
Not more than two (2) such structures shall be erected per lot or parcel.
B. Communication towers and antennas designed and used specifically
for public safety purposes shall be reviewed by the Zoning Administrator
and are exempt from the Conditional Use Permit process. Communication
towers and antennas approved for public safety purposes and which
are also utilized by commercial communication companies shall
be considered commercial communication towers and are subject
to approval of a Conditional Use Permit.
Article XVII – Sign Provisions
SEC. 17.0 PURPOSE.
The purpose of this Article is to establish comprehensive provisions
that will eliminate confusing, distracting and unsafe signs; establish
reasonable regulations to promote economic vitality for local
businesses and services; and enhance the visual environment of
the Town of Superior.
SEC. 17.1 INTENT.
The intent of these provisions is to maximize establishment identification,
minimize visual clutter, and maintain a high quality of signs
throughout the Town.
SEC. 17.2 DEFINITIONS.
For the purpose of this Article the following words, terms and
phrases shall have the
following meanings as prescribed in Appendix A of this Ordinance:
Animated, sign.
Any sign or part of a sign which changes physical position by
any movement, rotation or undulation or by the movement of any
light used in conjunction with a sign such as blinking, traveling,
flashing or changing degree of intensity of any light movement
other than burning continuously.
Awning, Canopy or Marquee, sign.
A sign that is mounted or painted on, or attached to, an awning,
canopy, or marquee that is otherwise permitted by Ordinance. A
marquee is defined as a canopy constructed of rigid materials
which projects over an entrance to a building.
Banner, sign.
A temporary sign of fabric, pliable plastic, paper, or other light
material not enclosed in a rigid frame.
Billboard.
Same as Off-Site, sign.
Bulletin Board.
A sign which identifies a noncommercial institution or organization,
on site, which contains the name of the institution or organization
and associated individuals, and general announcements of events
or activities at the institution, or similar messages of general
public interest.
Business, sign.
A sign which attracts attention to a business or profession conducted
on-site, or to a commodity or service sold, offered or manufactured
on°©site, or to an entertainment offered on-site.
Construction, sign.
A temporary sign, limited to the period of construction, providing
information about future development or current construction on
a site, and the parties involved in the project.
Directional, sign.
Signs limited to directional messages, which do not contain either
identification or advertising copy, which aid the flow of pedestrian
and vehicular traffic as well as providing directional information
relating to points of interest, institutions, facilities and districts.
Directory, sign.
A sign listing the names, uses, or locations of the various businesses’ or
tenants within a building or a multi-tenant development, but not
for the purpose of advertising products, goods, or services.
Fascia, sign.
A sign which is mounted to the horizontal member covering the
joint between the top of the building wall and the projecting
eaves of the roof.
Fixed Balloon.
Any lighter than air or gas filled inflatable object attached
by a tether to a fixed place.
Freestanding, sign.
A sign which is erected on its own self-supporting permanent structure,
detached from any supporting elements of a building.
Identification, sign.
A sign that includes, as copy, only the name of the business,
place, organization, building, street address, or person it identifies.
Illuminated, sign.
A sign which is artificially lighted, either internally or externally.
Menu Board, sign.
A sign displaying the bill of fare of a drive-in or drive-thru
restaurant.
Non-conforming, sign.
A sign lawfully erected and maintained prior to the adoption of
this Ordinance which does not conform with the requirements of
this Ordinance.
Off-Site, sign.
A sign which directs attention for a commercial purpose to a business,
commodity, a service, entertainment or product not related to
the other commercial uses existing on the premises upon which
the sign is located.
Parapet, sign.
A sign attached to that portion of a building's exterior wall
that projects above the plate line of the building.
Political, sign.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
Portable, sign.
A temporary sign not affixed to a structure or ground mounted
on a site.
Projecting, sign.
A sign attached to a building or other structure and extending
in whole or in part more than fourteen (14) inches beyond the
building.
Roof,
sign.
A sign erected on, above, or over the roof of a building so that
it projects above the highest point of the roof line, parapet,
or fascia.
Shingle, sign.
A sign suspended from, and located entirely under a covered porch,
covered walkway, or an awning and is anchored or rigidly
hung to prevent the sign from swinging due to wind movement.
Sign.
Any object, device, display or structure (including but not limited
to letters, words, numerals, figures, symbols, pictures, outline,
character, color, illumination, trademark, logo or any part or
combination) used for 'visual communication which is intended
to attract the attention of the public and is visible from the
public rights-of-way or other properties.
The term "sign" shall also mean and include any display
of one or more of the following; multiple colored bands, stripes,
patterns, outlines or delineations displayed for the purpose of
commercial identification.
The term "sign" shall not include any national or state
flags, window displays, athletic score boards or the official
announcement or signs of government.
Vehicle, sign.
A sign mounted, painted or otherwise placed on a trailer, truck,
automobile or other vehicle so parked or placed so that the sign
thereon is visible from a public street or right-of-way and is
so parked primarily for the purpose of displaying advertising
signage.
Wall, sign.
A sign fastened to or painted on the wall of a building or structure
in such a manner that the wall becomes the supporting structure
for, or forms the background surface of the sign.
Window, sign.
Any poster, cut-out letters, painted text or graphic, or other
text or visual presentation affixed to, or placed within six (6)
feet behind a window pane, and is placed to be read from the exterior
of a building.
SEC. 17.3 GENERAL REQUIREMENTS.
A.
The regulations, requirements, and provisions set forth in this section
shall apply to all signs erected, placed, or constructed
within the Town.
1. All signs shall require a sign permit issued by the Town in
accordance with the provisions of this article; except those signs
specified in Section 17.8.
2. All signs shall be structurally designed, constructed, erected,
and maintained in accordance with all applicable provisions and
requirements of the Town of Superior codes and ordinances.
3. Signs shall not be located in a manner which interferes with
pedestrian or vehicular travel or poses a hazard to either pedestrians
or vehicles.
4. Signs shall not be located within or projecting over any public
street, right-of-way, or other public property, except shingle
signs and projecting signs as provided in Section 17.4. The Town
may install signs on its own property to identify public buildings
and uses, to provide necessary traffic control, and to provide
pedestrian directional signs in the TC Zoning District as provided
in Section 17.4.
5. Signage shall be located on the building in such a manner that
the signage can be seen only from the main entrance point(s) where
the customer accesses the building.
6. All signs and sign structures, conforming and nonconforming,
shall be maintained in good order, repair, and appearance at all
times so as not to constitute a danger or hazard to the public
safety or create visual blight.
7. Signs may be externally illuminated or non-illuminated. The
source of the sign's illumination shall not be visible from any
street, sidewalk, or adjacent property. This shall not preclude
the use of neon sign elements.
8. There shall be no visible angle iron supports, guy wires, braces
or secondary supports. All sign supports shall be an integral
part of the sign design.
B. Sign height is defined as follows.
1.
Free-standing signs shall be measured as the vertical distance from
the top of the highest element of the sign or sign structure to the
top of the curb, sidewalk, or street grade nearest the sign. The height
of any monument base or other structure erected to support or ornament
the sign shall be measured as part of the sign height.
2. Wall, fascia, or parapet mounted sign height shall be measured
as the vertical distance from the top of the sign or sign structure
from the base of the wall on which the sign is located.
C. Sign Area is defined as follows.
1. Sign copy mounted or painted on a background panel or area
distinctively painted, textured or constructed as a background
for the sign copy shall be measured as that area within the outside
dimensions of the background panel or surface.
2. Sign copy mounted as individual letters or graphics against
a wall, fascia, or parapet of a building or other structure that
has not been painted, textured, or otherwise altered to provide
a distinctive background for the sign copy shall be measured as
a sum of the smallest rectangle that will enclose each word and
each graphic in the total sign.
3. A double faced sign shall be considered as one sign when determining
the sign area, provided both faces are parallel and the distance
between faces does not exceed one (1) foot.
4. Where a sign has three (3) or four (4) faces the area of the
sign shall be calculated as the total area of all faces.
SEC. 17.4 PERMITTED PERMANENT SIGNS.
A. Single and Multiple Residence Districts: (RI-I90, RI-I0B, RI43,
RI°©
15,
R1-12, RI-8, RI-6, R-2 and R-3) In all single and multiple residence
zones the following shall apply:
1. Wall Sign:
a. Single Residence Uses: One (1) wall mounted sign per lot or
parcel not exceeding two (2) square feet in area shall be permitted.
The sign may include only the name of the residence or occupant,
and the street address.
b. Multiple Residence Uses: One (1) wall mounted sign per lot
or unit not exceeding two (2) square feet in area shall be permitted.
The sign may include only the name of the residence or occupant,
and the street address. Building number or letter signs and necessary
directional signs for multiple building developments shall be
in compliance with Fire Department requirements and shall not
be counted as part of the aggregate sign area.
c. Non-residential Uses: One (1) wall mounted sign per lot or
parcel not exceeding six (6) square feet in area shall be permitted.
The sign may include only the name of the facility, organization
or development and the street address.
2.
Freestanding Sign:
a.
Single Residence Uses: One (1) freestanding sign per lot not exceeding
two (2) square feet in area nor a height of five (5) feet shall be
permitted. The sign may include only the name of the residence or occupant,
and the street address.
b.
A maximum of two (2) freestanding identification signs with an aggregate
area of twenty-four (24) square feet may be permitted at each main
entrance for an apartment or condominium complex or similar such use.
The maximum height shall be five (5) feet. The sign may include only
the name of the development and the street address.
c.
Non-residential Uses: One (1) freestanding sign per lot not exceeding
twelve (12) square feet in area nor a height of five (5) feet shall
be permitted. The sign may include only the name of the facility, organization
or development and the street address.
3. Total Signage:
a.
Single Residence Uses: Only one (1) sign per lot or parcel may be permitted.
b. Multiple Residence Uses: Only one (1) wall sign per individual
units or lot may be permitted. A maximum of (2) freestanding identification
signs per development may be permitted.
c.
Non-residential Uses: Maximum of two (2) signs per lot or parcel may
be permitted.
4. Subdivision Identification Signs:
a. A maximum aggregate area of twenty-four (24) square feet may
be permitted in accordance with Section 6.2 of the Subdivision
Ordinance.
b. The maximum height shall be six (6) feet. The sign may include
only the name of the development and the street address.
5.
Reader Panel Signs:
a.
Churches may use up to one-half (1/2) of the allowed freestanding sign
area for a reader panel.
b. Public and private schools may have one (1) freestanding reader
panel sign not to exceed twenty-four (24) square feet in area
and six (6) feet in height.
B.
Commercial Districts:
(C-1 and C-2). In the Commercial Zoning Districts the following
shall apply:
1. Window
Signage:
a.
The total aggregate area of all window signs shall not exceed twenty-five
(25) percent of the total area of the windows through which they are
visible. All window signage shall be counted towards the total allowed
signage per business.
2. Wall and Awning Signage:
a.
The sign area for each business or individual tenant shall not exceed
one (1) square foot for each linear foot of street or store frontage.
b.
Signage shall not extend horizontally a distance greater than fifty
(50%) percent of the width of the building wan on which it is displayed.
3.
Freestanding Signage:
a. One (1) freestanding sign shall be permitted per development.
b. For multiple
tenant developments one (1) sign may be permitted for every 330 foot
of street frontage. The minimum distance between two signs on the same
street frontage shall be 330 feet.
c.
The sign shall not exceed six (6) feet in height.
d.
The sign shall not exceed twenty-four (24) feet in area.
e.
For single tenant buildings the sign may include only the name of the
business and the address.
f.
For multiple tenant buildings and complexes the sign may include only
the center identification name and address.
4. Banners:
a. Banners shall be made of cloth, nylon, or similar material.
b. Banners may be hung from street lights that are specifically
designed to accommodate banners and which advertise a town-authorized
special event or a community wide event or a community message
but not for individual businesses.
c.
Banners which advertise a town-authorized special event, a community
wide event or a community message may be hung on the bridge at Hwy
177 and US 60 with an approved Conditional Use Permit.
5.
Reader Panel Signs:
a.
Municipal uses only may have one (1) freestanding reader panel sign
not to exceed twenty-four (24) square feet in area and six (6) feet
in height.
6. Total Signage:
a.
The total maximum aggregate signage shall not exceed sixty (60) square
feet per business.
b.
Freestanding multi-tenant center identification signs shall not be
counted towards the individual businesses or anchor tenant's allowed
signage provided the name of the businesses or anchor tenant is not
part of the center identification name on the freestanding sign.
C. Town Center District:
In the "TC" Zoning District the following types of signs
may be permitted as well as preserved or restored signage, historical
to the individual buildings, provided that the combined aggregate
signage for each ground floor business, on a street, not exceed
one (1) square foot for each linear street frontage of business,
up to a maximum of fifty (50) square feet.
1.
Shingle Signs and Projecting Signs:
a.
One (1) shingle sign or projecting sign which is designed and oriented
primarily for the aid of pedestrians may be allowed per business and
shall be located immediately adjacent to the business it identifies.
b.
Shall have a seven and one-half (7 1/2) foot minimum clearance between
the bottom of the sign and the sidewalk.
c.
Shingle signs shall have a maximum area of three (3) square feet.
d. Projecting signs for each ground floor business, on a street,
shall not exceed one (1) square foot for each linear street frontage
of business, up to a maximum of fifteen (15) square feet.
e.
May only identify the name of the business. Such signs shall not include
advertising copy.
f.
A wall, fascia, or parapet sign is not permitted if a projecting sign
is used to identify the business.
2.
Awning Signs:
a.
A maximum of twenty-five (25) percent of the front face area of the
awning may be used for signage.
b.
May only identify the name of the business. Such signs shall not include
advertising copy.
3. Window Signs:
a.
The total aggregate area of all window signs shall not exceed twenty-five
(25%) percent of the total area of the windows through which they are
visible.
4.
Parapet Signs:
a. Shall not project above the top of the building parapet.
5. Banners:
a.
Banners shall be made of cloth, nylon, or similar material.
b. Banners may be
hung from street lights that are specifically designed to accommodate
banners and which advertise a town-authorized special event within
the Town Center area or a community wide event or a community message
but not for individual businesses.
c. Banners may be strung across or over the public streets for
community events, with an approved Conditional Use Permit.
6. Total Signage:
a.
The total maximum aggregate signage shall not exceed fifty (50) square
feet per business.
D.
Industrial Districts:
In
the Industrial zoning districts the following shall apply:
1.
Freestanding Signage:
a.
One (1) freestanding monument sign shall be permitted per development.
b. The sign shall not exceed twelve (12) feet in height nor eighty
(8O) square feet in area if no other building or wall signage
is used.
c. If wall, building or other types of signage will be used for
the development then the maximum height of the freestanding sign
shall be six (6) feet with a maximum area of twenty-four (24)
square feet.
2. Wall or Building Signage:
a. The sign area for each business or development shall not exceed
one (1) square foot for each linear foot of street frontage for
a maximum of forty-eight (48) square feet.
b. Signage shall not extend horizontally a distance greater than
fifty (50%) percent of the width of the building wall on which
it is displayed.
c.
Sign age should be located near the building entryway and shall not
exceed a height of twenty-four (24) feet as measured per Section 17.3
B.
E. Open Space Districts.
In the Open Space zoning districts the following shall apply:
1. Wall
Sign:
a. One (1) wall mounted sign per lot or parcel not exceeding six
(6) square feet in area shall be permitted. The sign may include
only the name of the facility, organization or development and
the street address.
2.
Freestanding Sign:
a. One (1) freestanding sign per lot not exceeding twelve (12)
square feet in area nor a height of five (5) feet shall be permitted.
The sign may include only the name of the facility, organization
or development and the street address.
3.
Directional or Informational Signage:
a.
Signs shall be non-illuminated.
b.
Signs shall not exceed twelve (12) square feet in area nor six (6)
feet in height.
SEC. 17.5 CONDITIONAL USE PERMITS.
The following signs may be permissible with a Conditional Use
Permit.
1. Off-site subdivision signs when in conjunction with a PAD or
a DMP development with an approved comprehensive sign package
which has been approved by the Planning and Zoning Commission
and the Town Council.
SEC.17.6 TEMPORARY SIGNS.
A. Banners, Pennants and Displays for Grand Openings:
1. Banners, pennants, and other displays shall be allowed on a
one time basis for a minimum of fourteen (14) consecutive days
during the grand opening of a business.
2. A Temporary Use Permit must be obtained prior to the installation
of any grand opening banners, pennants, signs, balloon, or other
displays.
3.
The maximum banner size shall be four (4) foot by eight (8) foot and shall
be limited to one (1) per street frontage for the business.
4. Banners and pennants shall be displayed only on the building
and not within the parking area, perimeter landscape, or some
other area of the development.
5. Balloon shall be tethered so as not to exceed the allowed building
height for the zoning district in which the business is located,
and shall not occupy any required parking spaces.
6. Balloons which display any product not legally available to
all residents of the town shall not be permitted.
B. Portable Signs:
1. Portable signs
shall be allowed only in the Commercial "C-l" and
"C-2" Zoning Districts. Signs may be placed in the public
rights-of°©-way provided they are placed in a manner that
does not impede or restrict vehicular, non-vehicular, or pedestrian
traffic. No portable signs shall be allowed within the center medians
that divide portions of paved or unpaved roads.
2. All portable signs shall be professionally made and shall not
exceed three (3) feet in height nor six (6) square feet in area
and shall not exceed one (1) sign per business.
3. Signs may be placed, in the permitted areas, only between sunrise
and sunset. Signs shall be removed daily prior to sunset, except
if used to advertise a meeting then they shall be removed at the
conclusion of the meeting, or they shall be subject to confiscation
by the Town.
C. Off-Site Directional Signs for Special Events:
1. A sign plan shall be required in conjunction with the Special
Event Permit or Temporary Use Permit. Said sign plan shall show
the proposed location, placement, and size of all off-site directional
signs.
2. All signs
shall be professionally made.
3. Signs may be placed twenty-four (24) hours in advance of the
event and shall be removed within twenty-four (24) hours after
the conclusion of the event.
D. Fixed Balloon Signs:
1. Fixed balloon signs may be used in the advertisement of a model
home complex in conjunction with a new subdivision or residential
development while under construction.
2. Balloons shall be tethered so as not to exceed a height which
is twice the maximum allowed height for the zoning district in
which the residential development is located.
3. Balloons
shall not display any advertising copy.
E. Banner Signs:
1.
Banners shall be made of cloth, nylon, or similar material.
2. Banners may be used in conjunction with a grand opening or,
pedal business events with an approved Conditional Use Permit.
3.
Such Conditional Use Permits shall be valid for a maximum period of
thirty (30) consecutive days.
F. Political Signs:
1. Signs shall not be displayed earlier than sixty (60) days prior
to an election and shall be removed within ten (10) days following
the election.
2. Signs
shall not be placed in any portion of the public right-of-way.
G. Real Estate Signs:
Signs advertising the sale, lease or renting of a building, suite,
dwelling or lot shall conform to the following regulations and
are exempt from the total aggregate sign area:
1.
In residential zoning districts signs shall be non-illuminated and
shall not exceed four (4) feet in area nor five (5) feet in height.
All signs shall be professionally made.
2. In non-residential zoning districts signs shall be non-illuminated
and shall not exceed six (6) feet in area nor five (5) feet in
height. All signs shall be professionally made.
3. No off-site real estate development or builder signs shall
be allowed.
SEC.17.7 SUBMITTAL REQUIREMENTS.
A. An application for a sign permit must be made in writing on
forms provided by the Town. The following information will be
required on all sign permit applications:
1. Business owner's name, address and telephone number.
2. Sign contractor's name, address and telephone number.
3. Inventory of all existing signs on the property showing the
type, dimensions, and location of each sign.
4. Fully dimensioned plans and elevations showing the dimensions,
design copy, and location of each proposed sign in relation to
the property line(s) and public right-of-way.
5. Plans indicating the scope and structural detail of the work
to be done; including details of all connections, supports, footings,
and materials to be used.
6. Required information for an electrical permit for all signage
illumination.
7. All new signs within a group commercial development shall also
provide information regarding the color(s), material, type, and
letter samples that are for all tenant, freestanding center identification
signage, directional signs, window signs and any other information
deemed necessary by the Town to adequately review the centers'
comprehensive sign package.
SEC.17.8 EXCEPTIONS.
A. Permits Not Required:
Sign permits are not required for the following signs provided
that such signs are subject to all other provisions of this Ordinance.
Note: Electric permit required for all exterior electric signs.
1. Any sign not exceeding six (6) square feet in area and not
otherwise prohibited by this Ordinance.
2. Standard sign maintenance.
3. Relocation as required by the Town.
4. Garage sale signs not exceeding six (6) square feet. Such signs
shall not be up longer than three (3) days. Signs may be placed
in the public rights-of-way provided-they are placed in a manner
that does not impede or restrict vehicular, non-vehicular, or
pedestrian traffic or otherwise prohibited by this Ordinance (see
Sec 17.9 (4)). Signs may be placed, in the permitted areas, only
between sunrise and sunset. Signs shall be removed daily prior
to sunset or they shall be subject to confiscation by the Town.
5. Political signs not exceeding sixteen (16) square feet, nor
six (6) feet in height Signs are allowed to be placed sixty (60)
days prior to an election and remain until ten (10) days after
an election.
6. Messages painted directly on, or adhesive vinyl film affixed
to, the exterior surface of existing mineral glass windows; except
that the aggregate square footage of such signs shall be calculated
as window signage.
B. Excepted Signage:
The provisions of this Ordinance shall not apply to the following.
(Note: Electric permits are required for all exterior electric
signs).
1. Rags, pennants or insignia of any nation, state, county, town
or other political unit, or any church or religious organization.
2. Tablets, grave markers, headstones, statuary or remembrances
of persons or
events noncommercial in nature.
3. Works of fine art, historic or cultural artifacts when not
displayed in conjunction with a commercial enterprise which may
derive direct commercial gain from such display.
4.
Temporary decorations or displays celebrating the occasion of traditionally
accepted patriotic, religious or local holidays or events.
5. Temporary signs for events of a general Town wide civic or
public benefit
as part of a temporary use permit.
6. Signs not visible beyond the boundaries of the lot or parcel
upon which
they are located, or from any public right-of-way.
7. The placement and maintenance of official traffic, fire and
police signs, signals and devices and markings of the State of
Arizona and the Town of Superior or other authorized public agency,
and the posting of notices as required by law.
8. Non-illuminated directional or informational signs of a non-commercial
public or quasi-public nature, including street, building or suite
numbers which do not exceed six (6) square feet.
9. Signs displayed during recognized holidays as identification
of temporary sales areas for trees and similar holiday items in
conjunction with an approved Temporary Use Permit. Such signs
shall be excepted only when displayed within thirty (30) days
of the recognized holiday.
10. Signs displayed within the interior of a building.
11. Name plate signs for individual residences.
12. On-site directional and similar informational signs provided
such signs are utilized only when necessary for traffic directional
or similar informational purposes and do not display corporate
colors, logos or other commercial messages. Such signs shall be
wall mounted or, if detached, shall not exceed a height of three
feet (3').
SEC.17.9 PROHIBITED SIGNS.
A. Any sign not specifically listed as permitted by this Ordinance
is prohibited, including, but not limited to the following:
1. Internally illuminated signs are prohibited in the Town of
Superior.
2. Billboards are prohibited in the Town of Superior.
3. Signs mounted, attached, or painted on trailers, boats, or
motor vehicles primarily or consistently parked, stored, or displayed
in a manner intended to attract the attention of the public for
advertising purposes.
4. Signs attached to any utility pole or structure, street light,
tree, fence, fire hydrant, bridge, park bench or other location
on public property unless otherwise specifically addressed in
this article.
5.
The use of pennants, banners, balloons, and similar displays except
as permitted elsewhere in this article.
6. Off-site signs are prohibited except as permitted in Sec. 17.5.
7. Signs that are animated or audible, or rotate or have intermittent
or flashing illumination, or emit audible sound or visible matter;
except time and temperature units or to drive-up menu boards.
8.
Roof signs.
9. Signs
displayed in a location prohibited by this Ordinance.
10. Reader panel signs except as specifically authorized herein.
11. Portable signs except as provided in Sec. 17.6.
Article XVIII – Nonconforming Uses
SEC. 18.0 PURPOSE.
A. The purpose of this article is to provide for the regulation
and limit the development and continued existence of nonconforming
buildings, structures, uses, and lots. These regulations are designed
to protect the rights of legally existing nonconforming uses,
structures and buildings under specific conditions and within
certain parameters. It is also the intent of this article to curtail
substantial investment in non-conformities and to bring about
their eventual improvement or elimination in order to preserve
the integrity of this Ordinance, promote adopted plans and policies,
and enhance the character of the Town.
B. Any use or activity conducted under County zoning regulations
at the effective date of annexation or under previous zoning regulations
in effect at the adoption of this Ordinance, or any amendment,
shall be considered a legal nonconforming use under this Ordinance.
SEC. 18.1 LIMITATION ON BUILDINGS AND USES.
A legal nonconforming use may continue only in the manner and
to the extent that it existed at the time of such enactment, amendment,
or annexation, subject to the following provisions:
A.
This Ordinance does not prohibit routine repairs or maintenance on
legal nonconforming buildings or structures.
B. A nonconforming building, structure or use shall not be expanded
or extended more than fifty (50%) percent beyond the floor area
or lot area that it occupied on the effective date of this Ordinance
or any amendments of this Ordinance, or the effective date of
annexation into the Town rendering such building, structure or
use nonconforming.
C. This Ordinance shall not prohibit the continued occupancy of
a non-certified mobile home or manufactured home located and occupied
as a private residence within the town at the time of adoption
of this Ordinance which may not be located within a Manufactured
Home Overlay District or which may not be in compliance with the
design standards of Article XI of this Ordinance. Any existing
mobile home or manufactured home that is not in compliance with
the design standards of Article XI at the time of the adoption
of this Ordinance shall be brought into compliance, with said
design standards, as additions or alterations to the structures
are requested. Anyexisting mobile home or manufactured home, even
if it is not located within a Manufactured Home Overlay District,
may be replaced in it's entirety only with a manufactured home
that is in compliance with an of the design standard of Article
XI and other provisions of this Ordinance.
D. Any nonconforming building or structure, which has been damaged
by fire, windstorm, flood, or some similar abnormal and identifiable
event, for which the cost of restoring the structure to its original
condition does not exceed fifty (50%) percent of the total replacement
cost, may be reconstructed and used as before provided that a
building permit is secured, reconstruction is started within six
(6) months from the date of damage, and such reconstruction is
diligently pursued to completion. The Board of Adjustment may
determine that such delay in reconstruction was caused by unforeseen
circumstances beyond the control of the owner of the premises
and permit a reasonable extension of time for reconstruction.
E. If a nonconforming building or structure is destroyed or damaged
by fire, windstorm, flood, or some similar abnormal and identifiable
event, for which the cost of restoring the structure to its original
condition exceeds fifty (50%) percent of the total replacement
cost, a Conditional Use Permit, in accordance with Section 3.3
of this Ordinance, shall be required. The owner of the premise
or property must apply for said Conditional Use Permit within
one (1) year of such calamity or the building or structure shall
lose any legal nonconforming statues and will be required to rebuild
in conformance with all provisions of this Ordinance.
F. No nonconforming building, structure or use which ceases to
be used for a period of three hundred sixty-five (365) consecutive
days or is suspended by a conforming use, shall again be devoted
to the nonconforming use except as otherwise provided in the preceding
paragraph. A nonconforming use shall not be changed to a different
nonconforming use. This shall not prevent a name change or change
in ownership of the same nonconforming use.
SEC. 18.2 LIMITATION ON LOTS.
A.
This Ordinance does not prohibit routine maintenance on legal nonconforming
lots.
B.
This Ordinance shall not prohibit the continued occupancy of a building
or structure which has been legally
constructed on a nonconforming lot.
C. Any legal lot existing at the time of the enactment of this
Ordinance, or any amendment, which does not conform with the required
lot width and or lot area may be used for any use permitted in
that zoning district provided that the lot does not constitute
more than a 20% reduction in the required lot area and all other
applicable regulations of this Zoning Ordinance are complied with.
SEC.18.3 LIMITATION ON SIGNS.
A. Legal Nonconforming Signs:
1. Legal nonconforming sign(s) shall mean a sign which is lawfully,
existing at the time of the enactment of this Ordinance which
does not conform to the regulations as specified in this Ordinance.
2. A legal non-conforming sign may continue to be utilized in
perpetuity only in the manner and to the extent that it existed
at the time of the adoption of this Ordinance or any amendment
thereto.
3. A legal nonconforming sign may not be altered in any manner
not in conformance with this Ordinance. This does not apply to
the normal repair and maintenance of the sign nor to a change
of copy provided that by changing the copy structural alterations
are not required.
4. Any construction permit which invokes Certificate of Occupancy
requirements shall specify and require that any nonconforming
sign located within the boundaries of the development site authorized
by said permit shall be brought into conformance with the provisions
of this Ordinance, provided that if the nonconforming sign is
a type of sign that is prohibited under Article XVII of this Ordinance,
it shall be removed.
5. Notwithstanding any other provision of this Chapter, legal
nonconforming signs that are located on a parcel of property which
is severed from a larger parcel of property and acquired by a
public entity for public use by condemnation, purchase or dedication
may be relocated on the remaining parcel without extinguishing
the legal nonconforming status of that sign provided that the
nonconforming sign:
a. Is not increased in area or height;
b. Remains structurally unchanged except for reasonable repairs
or alterations;
c. Is placed in the same relative position on the remaining property
that it occupied prior to the relocation; and
d.
Is relocated in a manner so as to comply with all applicable safety
requirements.
B. Signs For a Legal Non-conforming Use:
1.
New or additional signs for a nonconforming use shall not be permitted.
2.
A nonconforming sign for a nonconforming use which ceases to be used
for a period of three hundred sixty-five (365) consecutive days or
is suspended by a conforming use, shall be considered a prohibited
sign and shall be removed or brought into conformance upon establishment
of a conforming use.
C. Signs Rendered Discontinued:
1. Sign structures which remain vacant, unoccupied, de-void of
any message, or display a message pertaining to a time, event
or propose that no longer applies shall be deemed to be discontinued.
2. A sign whose use has been discontinued is prohibited and shall
be removed by the owner of the sign or owner of the premises.
ZONING ORDINANCE APPENDICES
Appendix A : Glossary of Terms and Definitions
Appendix B : Plant List for Right-of-Way Landscaping
Appendix A
Glossary of Terms and Definitions
For the purpose of carrying out the intent of this Zoning Ordinance,
certain terms or words used herein shall be interpreted or defined
as follows:
A.
Words used in the present tense include the future; words used in the
singular include the
plural; and words in the plural include the singular.
B.
The word "shall" is mandatory.
C.
The word "may" is permissive.
D. The word "person" includes an individual, firm, co-partnership,
joint venture, corporations, associations, estate, trust, receiver,
or and any other group or combination acting as a singular entity,
including the federal government, another City, county, or school
district, except as exempt by law.
E. The following words or terms when applied in this ordinance
may be used interchangeably unless contrary to the circumstances:
lot, plat, parcel or premise; and "building" applies
to the word "structure".
F.
The following additional words and phrases shall, for the purpose of
this Ordinance, have the following meanings:
Abutting: Having property or zoning district lines in common.
Contact at boundary with street or alley.
Access or Access Way: The place, means, or way by which pedestrians
and vehicles shall have safe, adequate and usable ingress and
egress to a property or use as required by this Ordinance.
Accessory Building: A detached building, situated on the same
lot or building site, the use of which is customarily incidental
to that of a principal use of the main building or premise
Accessory Use: A use, building, structure, part of a building,
or part of a structure which is subordinate to, and the use of
which is incidental to, that of the main building, structure or
use on the same lot, including a private garage. If a building
otherwise qualified as an accessory building is attached to the
main building by a common wall or roof, such building shall be
considered part of the main building.
Adjacent: Nearby, but not necessarily touching.
Adjoining: Touching at some point.
Administrative Decision: Any decision on a development application
made by an authorized Town employee pursuant to this Ordinance.
Alley: A public thoroughfare, other than a street, which affords
a secondary means of vehicular access to abutting property.
Alteration: Any architectural, mechanical, or structural change
to a building which requires a permit under the Building Code
of the Town.
Amendment: A change in the wording, context, or substance of this
Ordinance, or an addition or deletion or change in the zoning
district boundaries or classifications of the zoning map.
Amateur Radio Tower: A free-standing or building-mounted structure, including any base, tower or pole, antenna and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the Federal Communications Commission.
Antique Shop: A retail business specializing in the sale of merchandise
made in, or typical of, a previous era. Typical merchandise
includes, but is not limited to, furniture, silverware, glassware,
and other collectibles. Items shall not be donated for resale,
but may be displayed on consignment.
Archeologically Significant: A site which has revealed or has
the potential of revealing important information regarding the
lifestyles of prehistoric peoples and/or cultures which occupied
the Town and surrounding region in prehistoric and historic times.
Assisted Living Facility: See "Group Home".
Automobile Repair (general): Servicing of motor vehicles including
tire repair, battery changing, engine rebuilding and transmission
repair, storage of merchandise and supplies related to the servicing
of motor vehicles, sale of lubricants, automobile washing and
lubrication, but excluding body work and painting of vehicles,
or other similar activities.
Automobile Service Station: A convenience use having pumps and
storage tanks or other facilities from which gasoline, diesel
or alternative fuels are dispensed into motor vehicles.
Awning: A roof like structure or cover supported by and extending
from a building for the purpose of protecting openings therein,
from the elements.
Bar or Cocktail Lounge: An establishment whose primary business
is the serving of alcoholic beverages to the public for consumption
on the premises and where food may be available for consumption
as an accessory use.
Bed & Breakfast Establishment: A dwelling in which the occupants
of the dwelling
provide, for compensation, the short term lodging and meals for
guests, occupying not more than two (2) guest rooms, located within
the same dwelling. Any dwelling in which more than two (2) guest
rooms are provided shall be deemed a hotel.
Big Box Retail: A single retail establishment with a gross floor
area not less than 25,000 square feet, and which may include fast
food restaurants and other accessory retail uses with an entrance
inside the primary retail establishment.
Buildable Area: The portion of a lot which is within the envelope
formed by the required yards. See '''Yard, Required".
Building: Any structure having a roof supported by columns or
walls for the shelter, use, occupancy, or enclosure of persons,
animals, or chattel or property of any kind, with the exception
of dog houses, playhouses and similar structures.
Building, Accessory: A building or structure which is subordinate
to, and the use of which is customarily incidental to, that of
the main building, structure, or use on the same lot or parcel.
Building Area: The total areas, taken on a horizontal plane at
the mean grade level, of the principal buildings and an accessory
buildings, exclusive of uncovered porches, steps, roof overhangs,
and balconies.
Building Height: The vertical distance measured from the natural
grade to the highest point of the coping of a flat roof, or to
the highest point of a mansard roof, or to the highest gable of
a pitch or hip roof.
Building Official: An employee of the Town authorized to issue
building permits and Certificates of Occupancy and to generally
assist in the administration of this Ordinance.
Building Permit: An authorization to construct, repair, alter,
or add on to a building or structure as issued by the Building
Official and authorized by the Zoning Administrator.
Building, Principal: A building or structure in which the principal
or dominant use of the property is conducted. This shall include
any buildings which are attached to the principal structure by
a covered structure.
Building Setback Line: The required, minimum, distance as prescribed
by this Ordinance between, property line and the closest point
of any building or structure.
Carport: A roofed structure which may be attached or unattached
to the principal structure providing space for the storage of
motor vehicles, at least two (2) sides of which shall be at least
50% open. Enclosed storage facilities may be provided as part
of a carport.
Church: A permanently affixed building where one of the principal
uses is for
religious worship.
Collector Streets: Major, minor, and residential collectors. The
collector streets provide the traffic movement between the neighborhoods
of the Town, to the arterial streets pursuant to Exhibit 12 of
the Subdivision Ordinance.
Commission:
The Planning and Zoning Commission of the Town of Superior.
Conditional Use: A "conditional use" is a use permitted
in any particular zoning district only upon a showing that such
use in a specified location will comply with all the conditions
and standards for the location or operation of such use as specified
in this Ordinance.
Contributing Structure: Any structure located within the Town
Center area or a Historic District which, when evaluated separately,
would substantially meet the criteria for individual designation.
Council: The Town Council of the Town of Superior.
Day Care, Home Based: Any single residence dwelling in which child
care is regularly provided for compensation for no more than six
(6) children not related to the proprietor.
Day Care Center: Any facility in which the care, supervision and
guidance of a child or children is regularly provided for compensation
for six (6) or more children not related to the proprietor. The
child care center shall meet all requirements for certification
by the State of Arizona State Department of Health.
Demolish: To pull down or tear down a structure without regard
to maintaining the visual or structural integrity of its various
components.
Density: A ratio expressing the number of dwelling units, lots
or spaces per acre. For the purpose of calculating density the
equation shall be as follows:
D = _________du____________
A - (c + i + s + a + os)
where:
D
=
Density
du
=
Total number of dwelling units.
A
=
Total site area (acres)
c
=
Total commercial land (acres)
i
=
Total industrial land (acres)
s
=
Reserved but undedicated school sites (acres)
a
-
Arterial or collector rights-of-way (acres)
os
=
Open Space
Designation: The process through which a site, structure, objects
or district is officially recognized as worthy of preservation.
Dwelling, Multiple Residence: A building or buildings containing
two (2) or more housekeeping units.
Dwelling, Single Residence: A building containing only one (1)
housekeeping unit.
Dwelling Unit: A room or group of rooms within a building, containing
provisions for living, sleeping, eating, cooking, and sanitation
which are designed to be occupied exclusively, by a single housekeeping
unit.
Fence or Wall Height: Where a fence or wall faces a public street,
highway or alley, height shall be measured from the top of the
curb, or where no curb exists, the center line of the street,
highway, or alley. Where a fence or wall is between two (2) properties,
the height shall be the average measured from each side of the
base of the fence as established at the time of final grading.
A retaining wall will be counted as part of the total wall or
fence height where the minimum horizontal distance between the
retaining wall and the fence is less than the average height of
the retaining wall. Where the minimum horizontal distance between
the retaining wall and the fence is greater than the average height
of the retaining wall the fence or wall height shall be measured
from the base of the fence or wall.
Floor Area: The combined gross area of all of the floor(s) within
the exterior walls of a building. Included shall be any basement
floor, interior balconies and mezzanines, elevator shafts and
stair wells and enclosed porches. The floor area of accessory
uses and of accessory buildings on the same lot shall be included.
Floor Area Ratio (FAR): The ratio of the gross floor area of all
structures on a parcel to the net area of the parcel expressed
as a percent or decimal. .
Frontage: The frontage of a parcel of land is that distance where
a property line is common with a road right-of-way.
Grade, Finish: Final elevation of the ground surface conforming
to the approved grading plans.
Grade, Natural: Elevation of the natural or undisturbed ground
surface prior to any grading operation. Building elevations for
purposes of height limitations shall be measured from natural
grade.
Group Home: Dwelling unit shared as their primary residence by
handicapped and/or elderly
persons living together as a single housekeeping unit in which
staff persons provide on-site care, meals, supervision, and other
support services for the residents. Group homes shall not include
nursing homes, shelter care facilities, recovery homes, community
correctional facilities, or homes for the developmentally disabled
as regulatedby the Arizona Revised Statutes.
Guest House: Living quarters for guests or servants on the premises
in an accessory building or attached to the principal residence.
A guest house shall not be rented, and/or otherwise used for income
purposes.
Historically Significant: A site, structure, object, place, view,
or district which exemplifies or reflects special elements of
the Town's cultural, social, economic, political, aesthetic, engineering,
or architectural past; which embodies distinguishing characteristics
of a style, period, method of construction, or development or
serves as a valuable example of the use of indigenous materials
or craftsmanship in the Town's history; which represents the notable
work of a master builder, designer, or architect; which represents
a rare building type, style, design, or indigenous building form;
or which is identifiable with a person or event significant in
local, state, or national history.
Home Occupation: A business activity conducted as an accessory
use to a dwelling unit.
Kennel: Any establishment at which dogs, cats, or other small
animals are commercially cared for, bred, boarded, or trained.
Junk Automobile: Any vehicle, missing one or more body parts;
or is incapable of operating under its own power; or is missing
any wheels; or has missing or severely shattered glass which prohibits
safe operation; or has one or more flat tires for a period of
seventy-two (72) or more hours.
Junk Yard: The use of a lot, or portion thereof, for the storage,
keeping, baling, packing, disassembly, exchange or handling of,
including but not limited to; junk, scrap iron and other metals,
paper, rags, rubber tires, bottles, dismantled or wrecked automobiles
or other motor vehicles or machinery but does not include uses
confined entirely within enclosed buildings.
Loading Space: An off-street space or berth on the same lot with
a building, or contiguous to a group of buildings, for the temporary
parking of a commercial vehicle while loading or unloading merchandise
or materials.
Lot: A single piece of property located in a recorded subdivision,
having frontage on a publicly dedicated and accepted street or
a private road approved by the town, which is described and denoted
as such. A lot also includes a parcel of land, shown in the records
of the Pinal County Assessor's Office, divided to be used separately
from other parcels of property by description,
as on a recorded survey map, or by metes and bounds, for purposes
of sale, lease, or separate use in a legal manner pursuant to
all state, county, and town requirements for the development and
purposed use of that property.
Lot Area: The area of a horizontal plane within the lot lines
of a lot but not including any area in a public way.
Lot, Corner: A lot located at the intersection of two (2) or more
streets.
Lot Coverage: The percentage of the area of a lot which is occupied
by all buildings or other covered structures using the roof outline
for all outer dimensions.
Lot Depth: The horizontal length of a straight line connecting
the midpoints of the front and rear lot lines; and for triangular
shaped lots, the shortest horizontal dis1ance between the front
lot line and a line within the lot, parallel to and at a maximum
dis1ance from the front lot line, having a length of not less
than ten (10) feet.
Lot, Interior: A lot other than a comer lot.
Lot, Key: A lot adjacent to a comer lot having its side lot line
in common with the rear lot line of the comer lot and fronting
on the street which foons the side boundary of the comer lot.
.
Lot Line: Any line bounding a lot.
Lot Line, Front: In the case of an interior lot, a line, separating
the lot from the street right-of-way. In the case of a comer lot,
the narrower of the two lot lines adjoining a street right-of-way.
Lot Line, Rear: A lot line which is opposite and most distant
from, the front lot line; except that in the absence of a rear
lot line as is the case of the triangular shaped lot, the rear
lot line may be considered as a line within the lot, parallel
to and at a maximum dis1ance from the front lot line, having a
length of not less than ten (10) feet.
Lot Line, Side: The boundary of a lot which is not a front lot
line or a rear lot line.
Lot Through: A lot having a part of opposite lot lines abutting
two (2) streets, and which is not a comer lot, (Also known as
a "double frontage lot"). On such lot, both lot lines
are front, except that where a non-access easement has been established
on such a lot, the front lot line shall be considered as that
lot line most dis1ant from the lot line containing the non-access
easement.
Lot Width: For rec1angular lots, lots having side lot lines not
parallel, and lots on the outside of the curve of a street, the
distance between side lot lines measured at the required minimum
front yard line on a line parallel to the street or street chord;
and for lots on the inside of the curve of a street, the distance
between side lot lines measured 30 feet behind the required minimum
front yard line on a line parallel to the street or street chord.
Manufactured Home: A residential dwelling built in accordance
with and certified as a manufactured home under the Federal Manufactured
Housing Construction and Safety Standards Act of 1974, which became
effective June 15, 1976, and the laws of the State of Arizona