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