§ 7.200. Additional Area Regulations.
A.
Accessory buildings. This section shall apply only to residential districts.
1.
No accessory building shall be constructed upon a lot unless the construction of the main building has been actually commenced.
2.
No accessory building shall be permitted in a required front or side yard.
3.
Accessory buildings may be constructed in a rear yard, but such accessory buildings shall not occupy more than thirty (30) percent of a rear yard, except in R-5 multiple-family residential districts where the lot is used for multiple-family units, accessory buildings may occupy seventy-five (75) percent of the rear yard.
4.
Except as otherwise provided:
a.
Accessory buildings shall not be constructed closer than two (2) feet to any side or rear lot line, and
b.
Accessory buildings within a required side or rear yard, which are more than ten (10) feet in height, shall be set back an additional one (1) foot for each foot of building height above ten (10) feet.
5.
Except as otherwise provided:
a.
Accessory buildings used as a garage or carport, having access from an alley, shall not be located closer than fifteen (15) feet to the centerline of said alley, and
b.
One (1) additional foot of setback shall be provided for each foot of building height above twelve (12) feet.
6.
Accessory buildings used as a garage or carport, having direct access from a street, shall not be located closer than twenty (20) feet to the back of ultimate improvements, and one (1) additional foot of setback shall be provided for each foot of building height above twelve (12) feet.
B.
Projections into required yards of residential buildings. This section shall apply only to residential districts. Yards shall be open and unobstructed from the ground to the sky except for the following:
1.
Front Yards.
a.
Sills, belt courses, cornices, eaves, and ornamental features may project two (2) feet into the required yard.
b.
Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the adjacent natural ground level may project into the required yard provided these projections be distant at least two (2) feet from the adjacent side lot line.
c.
Balconies, stairs, covered porches may project four (4) feet into the required yard.
d.
Canopies and awnings projecting over windows may extend into the required yard three (3) feet; however, a canopy extending from the main entrance to the sidewalk and not wider than the entrance may project to the front property line.
a.
Chimneys may project two (2) feet into the required yard.
2.
Side Yards.
a.
Sills, belt courses, cornices, eaves, and ornamental features may project two (2) feet into the required yard.
b.
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the adjacent natural ground level may project into the required yard provided these projections be distant at least two (2) feet from the adjacent side lot line.
c.
Balconies and stairs may project two (2) feet into the required yard, but not nearer than two (2) feet to the adjacent side property line.
d.
Canopies and awnings projecting over windows may extend into the required yard three (3) feet.
e.
Chimneys may project two (2) feet into the required yard.
f.
Mechanical equipment such as air conditioners may be constructed in the side yard provided the blower system is not directed toward the adjacent property, and provided said mechanical equipment shall not be closer than ten (10) feet to any opening to an indoor living area on an adjacent lot.
3.
Rear Yards.
a.
Sills, belt courses, cornices, eaves and ornamental features may project two (2) feet into the required yard.
b.
Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the adjacent natural ground level may project into the required yard provided these projections be distant at least two (2) feet from the adjacent side lot line.
c.
Balconies and stairs may project four (4) feet into the required yard.
d.
Covered porches may project into the required yard provided they are not nearer than ten (10) feet to the rear property line.
e.
Canopies and awnings projecting over windows may extend into the required yard three (3) feet.
f.
Chimneys may project two (2) feet into the required yard.
g.
Mechanical equipment such as air conditioners may be constructed in the rear yard provided the blower system is not directed toward the adjacent property, and provided said mechanical equipment shall not be closer than ten (10) feet to any opening to an indoor living area on an adjacent lot.
C.
Basement or cellar occupancies. This section shall apply only to residential districts. No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed, and in no event shall the basement or cellar be occupied for longer than two (2) years from the time of completion of the basement or cellar.
D.
Temporary buildings. Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion or abandonment of the construction work.
E.
Swimming pool.
1.
No swimming pool shall be located closer than two (2) feet to any property line. Any portion of a pool wall constructed with a distance from a property line less than the depth of the pool, may be subject to special structural requirements.
F.
Satellite receiving earth stations. Satellite receiving earth stations may be located in rear and side yards provided that the installation is screened to the height of the installation from off-property views by means of buildings, solid walls, and/or solid fences. The height of screening shall comply with the requirements of the zoning district. The method of screening for installations below six (6) feet in height shall be approved by the planning staff. Appeals of staff decisions shall be made to the Development Review Board. Installations for a single-family residential use shall be limited to six (6) feet in height measured from grade level. Installations above six (6) feet in height of non-single residential family use shall be approved by the Development Review Board.
G.
Accessory uses.
1.
This section shall apply only to residential districts.
a.
Tennis courts. Tennis courts are a permitted accessory use to a single-family dwelling. Tennis courts, including the enclosure and lighting, may be built on a single-family lot as follows:
i.
Tennis courts shall not be permitted in a required front yard.
ii.
Tennis courts without lighting shall be setback five (5) feet from all side and rear lot lines (measure from the edge of the playing surface).
iii.
Tennis courts with lighting shall be setback twenty (20) feet from all side and rear lot lines (measured from the edge of the playing surface and base of the lighting standard).
iv.
Outdoor lights shall be shielded to comply with Section 7.600 of this Article and shall not be operated between 10:00 p.m. and sunrise.
v.
Tennis courts shall be fenced or otherwise enclosed to prevent tennis balls from landing on adjacent properties. The maximum wall and/or fence height shall comply with the standards of the zoning district for the lot.
vi.
Plans for the construction of a tennis court shall be submitted to the development services manager for a determination of zoning compliance. Tennis court plans shall include setback dimensions from all property lines and the location and height of any walls, fences, or lighting related to the tennis court.
2.
This section applies only to dwelling units.
a.
Medical marijuana qualifying patient cardholder may cultivate medical marijuana if:
(i)
Permitted by the Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, as amended.
(ii)
The cultivation takes place in an "enclosed, locked facility" as that term is defined in the Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, as amended.
(iii)
The medical marijuana is cultivated by the medical marijuana qualifying patient cardholder only: on the property where the cardholder resides if the cardholder resides in a single-family dwelling or two-family dwelling; or in the dwelling where the cardholder resides if the cardholder resides in an apartment, condominium or other communal living arrangement.
(iv)
The medical marijuana is used only by the medical marijuana qualifying patient cardholder who resides in the dwelling unit.
H.
Wireless communications facilities (WCF). The purpose of the WCF regulations is to encourage and promote wireless communications coverage for all areas of the city while minimizing the visual, environmental, and neighborhood impacts. The preferred WCF locations include locations having the least amount of visual and neighborhood impact. More preferred locations include commercial and industrial areas, and less preferred locations include residential and school areas. The wireless communications service providers shall adhere to all applicable federal regulations, such as the Federal Communications Commission (FCC) and the National Environmental Protection Act (NEPA). Locations may require an environmental assessment.
1.
WCF concealment and screening. All WCF antennas, mounting hardware, and cabling shall be covered or painted to match the color and texture of the building, tower, or pole on which it is mounted. Equipment cabinets, service panels, and service connections shall be screened by solid walls, landscaping, or berms. Screening shall blend with or enhance the surrounding context in terms of scale, form, texture, materials, and color. WCF shall be concealed as much as possible by blending into the natural and/or physical environment. All gates shall be opaque.
2.
WCF height. The height of free-standing WCF shall be measured from natural grade to the top of all appurtenances.
3.
WCF setbacks. The setback of all WCF shall meet the yard development standards and step back requirements of the underlying zoning district, except as otherwise permitted herein.
4.
WCF co-location. All new monopoles or towers over forty (40) feet in height shall allow for co-location by other wireless communications service providers. The applicant shall demonstrate that the engineering of the monopole or tower and the placement of ground-mounted WCF will accommodate other providers' WCF. The owner of the tower or monopole and the property on which it is located must certify that the monopole or tower is available for use by another wireless communications service provider on a reasonable and non-discriminatory basis.
5.
WCF lighting. Any exterior lighting for WCF shall be fully shielded, screened by the same screening surrounding the WCF, and located below the height of the screening.
6.
WCF identification. Each WCF shall be identified by a permanently installed plaque or marker, no larger than four (4) inches by six (6) inches, clearly identifying the wireless communications service provider's name, address, e-mail contact, and emergency phone number.
7.
Temporary WCF. All temporary WCF shall be limited to being in conjunction with a special event, or be in response to an emergency or disaster as determined by the Zoning Administrator.
8.
WCF Types. All WCF are classified as Type 1, Type 2, Type 3, or Type 4 (except temporary WCF). WCF Types are in order of preference, with Type 1 being the most preferable with the least number of impacts, and Type 4 being the least preferable with the most number of impacts. Each Type has specific criteria, requirements, processes, and guidelines. WCF user guidelines have been created to provide additional standards and expectations.
In the event of a conflict, the more restrictive Type shall apply.
A.
Type 1 WCF. Type 1 WCF have antennas and equipment cabinets that are fully concealed. Type 1 WCF have an expedited review process and are subject to approval by the Zoning Administrator, subject to Section 1.906.
1.
Type 1 WCF shall not include the following:
A.
WCF on lots where the existing or planned primary use is a single-family dwelling;
B.
WCF within one hundred fifty (150) feet of a lot where the existing or planned primary use is a single-family dwelling;
C.
WCF on school property (K-12); and
D.
WCF within the recommended study boundary for the McDowell Sonoran Preserve as approved by city council.
2.
Type 1 WCF shall only include the following:
A.
The replacement of any existing WCF, if the replacement is smaller and/or more concealed than the original WCF, or there is no obvious visible change from the original WCF.
B.
WCF on or within existing buildings, walls, and water tanks subject that antennas and equipment cabinets shall be fully concealed within or behind existing buildings, existing walls, and/or buried completely underground. All wall replacements shall match the existing colors and materials. Antenna and equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district. All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
C.
On existing or replaced traffic signal poles, limited only to pre-approved pole designs with all equipment cabinets buried underground.
B.
Type 2 WCF. All Type 2 WCF shall blend with the surroundings and are subject to approval by the Zoning Administrator, subject to Section 1.906.
1.
Type 2 WCF shall not include the following:
A.
WCF antennas on lots where the existing or planned primary use is a single-family dwelling;
B.
WCF antennas within one hundred fifty (150) feet of a lot where the existing or planned primary use is a single-family dwelling;
C.
WCF on school property (K-12); and
D.
WCF within the recommended study boundary for the McDowell Sonoran Preserve as approved by city council.
2.
Type 2 WCF shall only include the following:
A.
WCF on or within buildings, walls, and water tanks subject to the following criteria:
1.
Does not include R1 zoned properties with visible changes;
2.
Antennas shall be fully concealed or snug-mount;
3.
Existing building heights shall not increase by more than fifteen (15) percent, and no increase in height of water tanks;
4.
Existing rooftop appurtenances shall not be raised in height more than two (2) feet;
5.
New rooftop appurtenances shall comply with Section 7.100, shall be no more than ten (10) percent of the roof area, shall not exceed six-hundred (600) square feet, and shall not exceed six (6) feet in height; and
6.
Antenna and equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district, except as provided in 7.C below.
7.
Equipment cabinets:
A.
Shall be located inside buildings, screened behind walls, or buried underground;
B.
Ground-mounted equipment cabinets shall not exceed eight (8) feet in height and one hundred fifty (150) cubic feet (measured above ground); and
C.
All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
B.
WCF co-located on existing monopoles and towers subject to the following criteria:
1.
Monopole or tower shall not increase in height by more than six (6) feet, and shall not exceed eighty (80) feet (including the antenna) in total height;
2.
Monopole diameter or tower footprint shall not increase;
3.
Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;
4.
Canister shall not exceed eighteen (18) inches in diameter;
5.
There shall be no more than three (3) separate WCF on each monopole or tower;
6.
All cables shall be located inside the monopole or tower; and
7.
Equipment cabinets:
A.
Shall be located inside buildings, screened behind walls, or buried underground:
B.
Equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district, except as provided in E. below.
C.
Equipment cabinets located in ESL right-of-way or ESL scenic corridor shall not exceed four (4) feet tall above natural grade and one hundred fifty (150) cubic feet measured above natural grade. Colors shall match corridor colors and no screenwall is required.
D.
Equipment cabinets located outside of ESL shall not exceed eight (8) feet in height and one hundred fifty (150) cubic feet (measured above ground); and
E.
All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
C.
WCF located on existing or replaced utility poles and towers, subject to the following criteria:
1.
WCF shall not be located on utility poles/towers planned for removal by the city, utility company, or improvement district;
2.
Antennas located on twelve-kilovolt (12-KV) utility line poles shall only be located along collector, arterial, or higher classification streets;
3.
Pole/tower size, diameter, and height shall be no larger/taller than would normally accommodate the necessary utility, as determined by the utility company;
4.
Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;
5.
Canister shall not increase the pole height by more than six (6) feet, and shall not exceed eighty (80) feet in height;
6.
Canister shall not exceed eighteen (18) inches in diameter;
7.
There shall be no more than three (3) separate WCF on each pole or tower;
8.
All cables shall be located inside the pole or concealed behind the tower structure; and
9.
Equipment cabinets:
A.
Shall be located inside buildings, screened behind walls, or buried underground;
B.
Equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district, except as provided in E. below;
C.
Equipment cabinets located in ESL right-of-way or ESL scenic corridor shall not be more than four (4) feet tall measured above natural grade and one hundred fifty (150) cubic feet above natural grade. Colors shall match corridor colors and no screenwall is required.
D.
Equipment cabinets located outside ESL right-of-way and ESL scenic corridor shall not exceed eight (8) feet in height and one hundred fifty (150) cubic feet (measured above ground).
E.
All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
D.
WCF located on existing or replaced sports and field light poles, subject to the following criteria:
1.
WCF located in the ESL district and within scenic corridors shall not be type 2;
2.
Replacement poles or pole reinforcement shall not exceed the diameter of the existing pole by more than forty (40) percent;
3.
Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;
4.
Canister shall not increase the pole height by more than six (6) feet, and the pole shall not exceed eighty (80) feet (including the antenna);
5.
Canister shall not exceed eighteen (18) inches in diameter;
6.
There shall be no more than three (3) separate WCF on each pole;
7.
All cables shall be located inside the pole, or match existing condition on nearby poles on same site; and
8.
Equipment cabinets:
A.
Shall be located inside buildings, screened behind walls, or buried underground;
B.
Shall comply with the height and yard development standards of the underlying zoning district, except as provided in D. below;
C.
Shall not exceed eight (8) feet in height and one hundred fifty (150) cubic feet (measured above ground); and
D.
All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
E.
WCF located on traffic signal poles, subject to the following criteria:
1.
New traffic signal poles shall be warranted by traffic volumes, as determined by the city;
2.
Traffic signal pole diameter shall not exceed fourteen and one-half (14½) inches (city standard);
3.
Antennas shall be limited to canister-mount antennas, shall be no more than eighteen (18) inches in diameter, and shall not increase the city standard traffic signal pole height by more than six (6) feet;
4.
All cables shall be located inside the pole; and
5.
Equipment cabinets:
A.
Shall be located inside buildings, screened behind walls, pole mounted, or buried underground;
B.
Shall comply with the height and yard development standards of the underlying zoning district, except as provided in E. below;
C.
Equipment cabinets located in ESL right-of-way or ESL scenic corridor shall not exceed four (4) feet tall measured above natural grade and one hundred fifty (150) cubic feet above natural grade. Colors shall match approved corridor colors and no screenwall is required.
D.
Equipment cabinets located outside ESL right-of-way and ESL scenic corridor shall not exceed eight (8) feet tall and one hundred fifty (150) cubic feet (measured above ground).
E.
All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
F.
WCF located on freeway directional sign poles, subject to the following criteria:
1.
Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;
2.
Canisters shall not exceed eighteen (18) inches in diameter, and shall not increase the standard sign pole height by more than six (6) feet;
3.
All cables shall be located inside the sign pole;
4.
Equipment cabinets shall be screened behind walls, pole mounted, or buried underground; and
5.
Colors shall match approved corridor colors.
G.
WCF monopoles (new or replacement), not including monopoles with a flag, subject to the following criteria:
1.
Limited to existing utility substations and limited to one (1) WCF monopole for every twenty thousand (20,000) square feet of substation;
2.
Monopole and equipment cabinets shall be located in an existing utility substation enclosure that is fully screened by a solid wall (no WCF monopoles outside substation screen walls);
3.
Monopole shall not exceed forty (40) feet in height, including antennas;
4.
Monopole shall not exceed a diameter of fourteen (14) inches;
5.
Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;
6.
Canister shall not exceed eighteen (18) inches in diameter; and
7.
Equipment cabinets shall not be visible from outside the wall.
H.
WCF equipment cabinets on single-family lots, subject to the following criteria:
1.
Limited to equipment cabinets only (no antennas);
2.
Lots shall be a minimum size of one (1) acre;
3.
Equipment cabinets shall be buried, screened, and/or hidden;
4.
Equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district, except as provided in 6. below;
5.
Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from other lots where the existing or planned primary use is a single-family dwelling; and
6.
All equipment cabinets that are located completely underground are exempt from yard development standards.
C.
Type 3 WCF. All Type 3 WCF shall blend with the surrounding environment and require Development Review Board approval, subject to Section 1.900.
1.
Type 3 WCF shall not include the following:
A.
WCF antennas on lots where the existing or planned primary use is a single-family dwelling;
B.
WCF within the recommended study boundary for the McDowell Sonoran Preserve as approved by city council.
2.
Type 3 WCF shall only include the following:
A.
WCF on or within buildings, walls, and water tanks, subject to the following criteria.
1.
WCF shall be designed to match the structure on which it is mounted;
2.
Equipment cabinets:
A.
Shall be located inside buildings, screened behind walls, pole mounted, or buried underground;
B.
Shall comply with the height and yard development standards of the underlying zoning district, except as provided in C. and D. below;
C.
Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and
D.
All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
B.
WCF co-located on existing monopoles and towers subject to the following criteria:
1.
Monopole or tower shall not increase in height by more than twelve (12) feet, and shall not exceed eighty (80) feet (including the antenna) in total height;
2.
Monopole shall not increase the diameter of the existing monopole by more than sixty percent (60%);
3.
Antennas shall not extend more than two (2) feet from the monopole or tower;
4.
Limited to three (3) separate WCF on each monopole or tower;
5.
All cables shall be located inside the monopole or tower or within an encasement colored to match the monopole and located on a side with the least visual impact;
6.
Equipment cabinets:
A.
Shall be located inside buildings, screened behind walls, pole mounted, or buried underground;
B.
Equipment cabinets located in ESL right-of-way or ESL scenic corridor shall not be more than six (6) feet tall measured above natural grade and one hundred fifty (150) cubic feet above natural grade. Colors shall match corridor colors and no screenwall is required.
C.
Equipment cabinets located outside ESL right-of-way and ESL scenic corridor shall comply with the height and yard development standards of the underlying zoning district, except as provided in D. and E. below;
D.
Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and
E.
All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
C.
WCF located on existing or replaced utility poles and towers, subject to the following criteria:
1.
WCF shall not be located on poles/towers planned for removal by the city, utility company, or improvement district;
2.
Antennas located on twelve-kilovolt (12-KV) power line poles shall only be located along collector, arterial, or higher classification streets;
3.
There shall be no more than three (3) separate WCF on each pole or tower;
4.
Pole/tower size, diameter, and height shall be no larger/taller than would normally accommodate the necessary utility (not to exceed an eight (8) foot height increase);
5.
Canister shall not increase the pole height by more than twelve (12) feet, not to exceed eighty (80) feet (including the antenna);
6.
Canister shall not exceed eighteen (18) inches in diameter;
7.
On poles, antennas shall not extend more than two (2) feet from the pole;
8.
On towers, antennas shall not extend more than two (2) feet from the tower or exceed the maximum width of the tower;
9.
All cables shall be located inside the pole or within an encasement to hide all cables colored to match the pole/tower and located to a side with the least visual impact;
10.
Equipment cabinets:
A.
Shall be located inside buildings, screened behind walls, pole-mounted, or buried underground;
B.
Equipment cabinets located in ESL right-of-way or ESL scenic corridor shall not be more than six (6) feet tall measured above natural grade and one hundred fifty (150) cubic feet above natural grade. Colors shall match approved corridor colors and no screenwall is required.
C.
Equipment cabinets located outside ESL right-of-way and ESL scenic corridor shall comply with the height and yard development standards of the underlying zoning district;
D.
Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and
E.
All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
D.
WCF located on existing or replaced sports and field light poles, subject to the following criteria:
1.
There shall be no more than three (3) separate WCF on each pole;
2.
Pole shall not exceed the diameter of the existing pole by sixty percent (60%);
3.
Canister shall not increase the pole height by more than twelve (12) feet, not to exceed eighty (80) feet (including the antenna);
4.
Canister shall not exceed eighteen (18) inches in diameter;
5.
Antennas shall not extend more than two (2) feet from the pole;
6.
All cables shall be located inside the pole or within an encasement to hide all cables colored to match the pole and oriented to a side with the least visual impact;
7.
Equipment cabinets:
A.
Shall be located inside buildings, screened behind walls, pole mounted, or buried underground;
B.
Equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district;
C.
Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and
D.
All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
E.
WCF located on traffic signal poles, subject to the following criteria:
1.
New signal poles shall be warranted by traffic volumes, as determined by the city;
2.
Traffic signal poles and WCF shall be no more than eighteen (18) inches in diameter and shall not increase the city standard signal pole height by more than six (6) feet;
3.
Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;
4.
All cables shall be located inside the pole or within an encasement to hide all cables colored to match the pole and oriented to a side with the least visual impact;
5.
Equipment cabinets:
A.
Shall be located inside buildings, screened behind walls, pole-mounted, or buried underground;
B.
Equipment cabinets located in ESL right-of-way or ESL scenic corridor shall not be more than six (6) feet tall measured above natural grade and one hundred fifty (150) cubic feet above natural grade. Colors shall match corridor colors and no screenwall is required.
C.
Equipment cabinets located outside ESL right-of-way and ESL scenic corridor shall comply with the height and yard development standards of the underlying zoning district;
D.
Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and
E.
All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
F.
WCF located on existing or replaced street light poles, parking lot light poles, and street sign poles, subject to the following criteria:
1.
The replacement pole and WCF shall not increase the diameter of the existing pole by more than sixty (60) percent, not to exceed eighteen (18) inches total, or increase the height of the existing pole by more than six (6) feet;
2.
Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;
3.
All cables shall be located inside the pole or within an encasement to hide all cables colored to match the pole and oriented to a side with the least visual impact;
4.
Equipment cabinets:
A.
Shall be located inside buildings, screened behind walls, pole mounted, or buried underground;
B.
Equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district;
C.
Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and
D.
All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
G.
WCF located on freeway directional sign poles, subject to the following criteria:
1.
Antennas shall be limited to snug-mount, canister-mount, and concealed antennas
2.
Canisters shall be no more than eighteen (18) inches in diameter, and shall not increase the standard sign pole height by more than six (6) feet;
3.
All cables shall be located inside the pole or encased in a sheath to match pole;
4.
Equipment cabinets shall be screened behind walls, pole mounted, or buried underground; and
5.
Colors shall match corridor colors.
H.
Alternative concealment WCF, subject to the following criteria:
1.
WCF shall comply with the height requirements of the underlying zoning district;
2.
Equipment cabinets shall be concealed within the structure, fully screened, or buried underground;
3.
Equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district;
4.
Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and
5.
All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.
D.
Type 4 WCF. Type 4 WCF are the least preferred and generally have the most impact on their surrounding environments. All Type 4 WCF shall require a conditional use permit and are subject to Development Review Board approval (subject to Zoning Ordinance article 1).
1.
Type 4 WCF include:
A.
The following WCF are classified as Type 4 if they do not meet the criteria to be classified as Type 1, 2, or Type 3:
1.
WCF located on or within buildings, walls, and water tanks;
2.
WCF co-located on existing communication monopoles and towers;
3.
WCF located on existing or replaced utility poles and towers;
4.
WCF located on existing or replaced sports and field light poles;
5.
WCF located on existing or replaced street light poles, parking light poles, and street sign poles;
6.
WCF located on existing or replaced traffic signal poles; and
7.
Alternative concealment WCF.
B.
WCF concealed within flagpoles (monopoles with a flag).
C.
WCF, including both antennas and equipment cabinets, located on lots where the existing primary use is a single-family dwelling and where the lot size is a minimum of five (5) acres. These WCF shall meet the height and yard development standards of the underlying zoning district, and shall be architecturally integrated into an existing building. No WCF shall be allowed on structures needing additional height allowed in Section 7.100 unless the additional height was built prior to the effective date of this ordinance provision.
D.
WCF located within the recommended study boundary for the McDowell Sonoran preserve as approved by City Council, except new monopoles or towers.
E.
The fourth or more separate WCF co-located on any one tower or pole.
F.
WCF located on utility poles/towers that are planned for removal by the city, utility company, or improvement district.
G.
Communication (WCF) monopoles or towers (new or replacement), not including monopoles with a flag, subject to the following:
1.
Monopoles or towers on any school property (K—12):
A.
Antenna heights shall not exceed eight (8) feet, not to exceed eighty (80) feet in total height (including the antenna).
2.
Monopoles or towers in the I-1, C-4, and S-S districts:
A.
Height shall not exceed eighty (80) feet including all antennas;
B.
Shall be separated from the nearest monopole or tower a minimum distance of one-quarter (¼) mile; and
C.
WCF which are located within two hundred (200) feet of a designated arterial or collector street, or within three hundred (300) feet of a R1 zoned property, shall have front and side yard setbacks a minimum of two (2) feet for every one (1) foot in height.
3.
Monopoles or towers in the C-S, C-2, C-3, P.N.C., P.C.C., P.R.C., C-O, PCP, and W-P districts:
A.
Height shall not exceed forty (40) feet including all antennas. Monopoles up to fifty (50) feet in height will be allowed in these districts if two (2) providers locate WCF on the pole at the time of final plans approval.
B.
Any new monopole or tower shall be separated from the nearest monopole or tower a minimum distance of one-quarter (¼) mile.
4.
Additional setbacks for monopoles and towers.
A.
Monopoles or towers shall have a setback from the nearest edge of a scenic corridor, vista corridor or any land zoned open space (O-S), conservation open space (COS), hillside conservation (HC) or conservation area a minimum of three (3) feet for every one (1) foot in height.
B.
Monopoles or towers shall have a minimum setback from any ESLO special feature of three hundred (300) feet.
C.
Monopoles or towers shall have a setback from lots where the existing or planned primary use is a single-family dwelling a minimum of three (3) feet for every one (1) foot of height.
H.
Type 4 equipment cabinets. Equipment cabinets for all type 4 WCF shall be located inside buildings/structures, screened behind walls, pole mounted, or buried underground. All equipment cabinets that are located within the right-of-way or completely underground are exempt from these setback requirements. However, all equipment cabinets with air-conditioning shall be enclosed and setback a minimum of fifteen (15) feet from other lots where the existing or planned primary use is a single-family dwelling.
9.
WCF submittal requirements. Applicants proposing WCF (Types 1, 2, 3, or 4) shall submit the following:
A.
All WCF:
1.
A written report verifying that, at its maximum load, including cumulative effects of multiple facilities, the WCF meets or exceeds the Federal Communication Commission's radio frequency safety standards. Submission of this report is required before communication operations can begin, before any extension periods are granted, and before the city's acceptance of any improvements or upgrades to the WCF;
2.
A map of the service area for the WCF;
3.
A map that shows other existing or planned WCF that will be used by the WCF provider who is making the application. Describe the height, mounting style, and number of antennas on each WCF;
4.
Photo documentation of existing conditions;
5.
A photo simulation (except for type 1 WCF);
6.
A concealment and screening plan showing the WCF blending with the existing environment;
7.
Written description of efforts to minimize the visual impact of the antennas and equipment cabinets;
8.
A site line representation drawing;
9.
Community notification documentation, including the names and dates (notification shall be a minimum fifteen (15) days prior to application submittal); and
10.
Written description of conformance with applicable design guidelines and use permit criteria.
B.
New towers and monopoles (including monopoles with flags):
1.
A map that shows any WCF monopoles or towers, and monopoles with flags, within a mile radius of the project that are existing or are currently under construction;
2.
Written description of any efforts to co-locate the proposed WCF on another site or building. Include a map of the sites and provide engineering information or letters from the owners of the site describing why co-location is not a possibility;
3.
A map that shows other potential stand-alone locations for the proposed WCF that have been explored. Describe why the proposed location is superior to other potential locations. Factors to consider in the community perspective shall include: costs, visual aspects, setbacks, and proximity to single family residences;
4.
Written description of efforts to blend the WCF with the surrounding area, including the process for arriving at the color and materials for the proposed monopole or tower;
5.
Written description of efforts to minimize the diameter of the monopole and the mass of the tower supporting the proposed WCF. Provide engineering/structural information related to these efforts; and
6.
Written description of all equipment that will be ancillary to the antennas, such as whip and dish antennas. Describe the function of this ancillary equipment and the need to locate it on this WCF.
C.
Properties within the environmentally sensitive lands (ESL) district:
1.
Photo simulations taken from the closest streets and single family residences surrounding the proposed site;
2.
Color samples and their light reflective values; and
3.
Written analysis describing the most effective way to screen or blend the new WCF with the surrounding environment.
D.
All WCF located on school properties (K—12) shall provide a letter demonstrating that the parents of the students and the surrounding neighbors were properly noticed of the proposed WCF (letters sent out, dates and times of public meetings, list of attendees, and minutes of meeting).
The Zoning Administrator may require additional information or may waive submittal requirements determined unnecessary for appropriate review of the project.
10.
Community notification. For all WCF applications, the applicant shall provide written notice to residences, businesses, schools, and public facilities within seven hundred fifty (750) feet of the proposed WCF. All notices shall include a request that the recipient post and distribute the notice to all tenants, employees, and students.
11.
Continued monitoring. Every three (3) years, each wireless communications service provider shall submit to the city a written report verifying that, at its maximum load, including cumulative effects of multiple facilities, each WCF was tested and certified to meet or exceed the Federal Communication Commission's radio frequency safety standards. The three (3) years shall be from the most recent approval of the respective WCF or from the effective date of this ordinance, whichever is earlier, and every three (3) years thereafter.
12.
Third party review. The Zoning Administrator may require a third party review of the technical data submitted by the provider, to be paid for by the applicant. Selection of the third party expert may be by mutual agreement among the applicant and interested parties or at the discretion of the city, with a provision for the applicant and interested parties to comment on the proposed expert(s) and to review qualifications.
The expert review is intended to be a site-specific review of technical aspects of the wireless communications service WCF and not a subjective review of the site selection. Such a review shall address the accuracy and completeness of the technical data, whether the analysis techniques and methodologies are legitimate, the validity of the conclusions and any specific technical issues outlined by the City Council, Planning Commission, the Zoning Administrator, or interested parties.
The expert review of technical submission shall address the following:
A.
The accuracy and completeness of submissions;
B.
The applicability of analysis techniques and methodologies;
C.
The validity of conclusions reached; and
D.
Any specific technical issues designated by the city council or planning commission.
13.
Abandonment. WCF which are not in use for six (6) or more months shall be removed by the wireless communications service provider or the property owner. This removal shall occur within ninety (90) days of the end of such six-month period. Upon removal, the site shall be revegetated to blend with the surrounding vegetation.
I.
Designated parking in front yards. This section shall apply only to single-family detached homes in residential districts.
1.
The total aggregate parking and/or driveway area shall be the lesser of thirty-five (35) percent of the front yard area or thirty (30) linear feet of the lot frontage.
2.
No vehicle shall be occupied for permanent living purposes while stored at a residence.
3.
Any vehicle parked in a front yard must be parked:
a.
At least one (1) foot from any existing sidewalk that runs parallel to a public or private street;
b.
At least three (3) feet from the street curb if there is no sidewalk along the street frontage; and
c.
At least one (1) foot from the side lot line located within the front yard area.
4.
General standards for designated parking areas:
a.
All areas designated as parking or driveway shall be completely covered by (1) concrete, asphalt, cement or sealed aggregate pavement; (2) three (3) inches deep crushed rock completely contained in a permanent border; or (3) another stabilization material approved by Maricopa County.
b.
All areas designated as parking or driveway shall be completely contained within a permanent border.
c.
Dust free surface does not include areas of grass, lawn, compacted or hard packed dirt.
5.
The provisions of this subsection I, shall apply to the parking of all vehicles and shall take precedence over the nonconforming use provisions of Article I.
(Ord. No. 1839, § 1, 10-15-85; Ord. No. 2020, § 1, 4-19-88; Ord. No. 2430, § 1, 1-21-92; Ord. No. 2431, § 1, 1-21-92; Ord. No. 2470, § 1, 6-16-92; Ord. No. 2557, § 1, 5-4-93; Ord. No. 2509, § 1, 6-1-93; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3365, § 1, 12-11-01; Ord. No. 3484, § 1, 1-14-03; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3774, § 1, 3-18-08; Ord. No. 3853, § 2, 10-5-10; Ord. No. 3899, § 1(Res. No. 8342, Exh. A, § 17), 8-30-10; Ord. No. 3920, § 1(Exh. § 91), 11-9-10; Ord. No. 3923, § 1(Exh. § 7), 1-25-11; Ord. No. 3982, § 1(Res. No. 8902, Exh. A, § 7), 1-10-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 205), 5-6-14; Ord. No. 4265, § 1, 6-21-16)