May 6,2008 

/-- 

Diane Arnst, Planning Section Manager 

ADEQ Air Quality Division 

1 1 10 W. Washington Street 

Phoenix, AZ 85007 

Planning & O?velopment Services 

7437 E. tqdisn Schgci Road, Sl;iie 1 C5 

Scgf:sdale. AZ 85251 

SUBJECT: City of Scottsdale Adopted Municipal Ordinances 

Dear Ms. Arnst: 

On March 18,2008, the Scottsdale City Council approved adoption of Ordinance No.'s, 

3775,3776 and 3777, amending Chapters 18,19 and 46 of the City Code and Ordinance 

No. 3774, amending Articles VII and IX of the Zoning Ordinance regarding 

implementation of provisions in Senate Bill 1552 (Arizona Laws 2007, Chapter 292). 

Subsequent amendments were adopted by the Scottsdale City Council, Ordinance No.'s, 

3789 and 3790, on April 15,2008. 

The new City of Scottsdale code and zoning ordinance amendments passed in regards to 

the implementation of provisions in Senate Bill 1552 and Maricopa County's air 

pollution control regulation 3 10.0 1 are: 

J Section 1, amending A.R.S. 5 9-500.04.5 

Ban leaf blower debris in public roadways 

*3 Adoption of Ordinance No. 3775 

> Restrictions on blowing landscape waste into public roadways. 

> Enforcement began on April 18,2008 

J Section 1, amending A.R.S. 5 9-500.04.6 

Adopt codes requiring dustproof paving or stabilization at parking, 

maneuvering, ingress and egress areas at developments or other than 

residential buildings with 4 or fewer units 

*:* Adoption of Ordinance No. 3777 

> Requires stabilization methods for parking, maneuvering, ingress and 

egress areas on all commercial, industrial and multi-family residential uses 

with more that four units. 

> Effective date: October 1,2008 

*3 Adoption of Ordinance No. 3774 

3 Requires areas used for parking, maneuvering, ingress and egress to be 

improved with a dust free surface. 
3 Applies to all industrial, commercial and non-commercial uses and 

residential uses with five or inore units. 

3 Effective date for the improvement standards: October 1, 2008 

* Currently a Referendum Petition has been submitted on this Ordinance. 

J Section 1, amending A.R.S. 5 9-500.04.7 

Adopt codes requiring paving or stabilization of parking, maneuvering, 

ingress and egress areas 3,000 square feet or larger at residential buildings 

with 4 or fewer units 

*:* Adoption of Ordinance No. 3777 

> Requires stabilization methods for areas in excess of 3,000 square feet 

used for parking, maneuvering, ingress and egress on residential uses. 

> Effective date: October 1, 2009 

*:* Adoption of Ordinance No. 3774 

> Requires areas used for parking, maneuvering, ingress and egress to be 

improved with a dust free surface. 

3 Applies to residential uses with a total area of three thousand (3,000) 

square feet or greater devoted to parking, maneuvering, ingress and egress. 

> Effective date for the improvement standards: October 1, 2009 

* Currently a Referendum Petition has been submitted on this Ordinance. 

*:* Adoption of Ordinance No. 3789 

> Amendment to Ordinance No. 3775. 

> Excludes livestock activity areas and residentially-zoned property 

connecting to an unpaved street as its sole access from being dust free 

surfaces. 

3 Effective date remains October 1, 2009 

*:* Adoption of Ordinance No. 3790 

> Amendment to Ordinance No. 3777 

3 Exclusions for livestock activity areas and properties connecting to an 

unpaved street as its sole access. 

> Effective date remains October 1, 2009 

J Section 1, amending A.R.S. 5 9-500.04.8 

Adopt codes restricting vehicle parking and use on unpaved or unstabilized 

lots 

*:* Adoption of Ordinance No. 3775 

> Requires treatment to prevent future use (operating and/or parking) of any 

motor vehicle, motorcycle, mini-bike, trailbike, dune buggy, motor 

scooter, jeep, or other form of transportation or recreational vehicle 

propelled by an internal combustion engine on vacant lot. 

> Enforcement began April 18,2008 
J Section 1, amending A.R.S. 5 9-500.27 

Adopt an ordinance banning operation of any vehicle including off-highway 

vehicles, all-terrain vehicles, and off-road recreational motor vehicles - from 

operation on unpaved public or private roads closed by the landowner by rule 

or regulation or by proper posting, excepting vehicles used in the normal 

course of business or government operations. 

*:* Adoption of Ordinance No. 3776 

3 Limits operation of off-road vehicles and specifies penalties. 

3 Enforcement began on April 18,2008. 

At this time a Scottsdale citizen group has submitted a Referendum Petition referring to 

Zoning Text Amendment Ordinance No. 3774. Maricopa County is in the process of 

evaluating the petition signatures. We will provide an update on the Referendum Petition 

as soon as we receive a notice of the results. 

Please feel free to call Victor Valliere, Acting Director of the Office of Environmental 

Initiatives at 480-3 12-2649 if you have any further questions. 

Sincerely, 

r--- -- 

---- 

Manager 

~evelo~ment Services 

Attached: Marked Agenda City Council Meeting March 18,2008 

Ordinance No. 3774 

Ordinance No. 3775 

Ordinance IVo. 3776 

Ordinance No. 3777 

Marked Agenda City Council Meeting April 15,2008 

Ordinance No. 3789 

Ordinance No. 3790 

CC: John Little, Acting City Manager 

Victor Valliere, Acting Director, Office of Environmental Initiatives 
, - t- 

' :i7 - 11. ' 1 - ,,r -, SCOTTSDALE -1' ; -TI,., l-IJ.( 

CITY COUNCIL MEETING 03 !:rv - [,-I; ;: 

***AMENDED***MEETING NOTICE AND AGENDA 

IADDE~ COH~ENTAGENM ITEM NOS. 24A~HD246; REMOVED CONSENT AGENDA ITEM NO. 15 AND MAYOR 

AND Counc~r ITEM No. 281 

Couwclr 

Mary Manross, IWayor 

Betty Drake Robert W. Littlefield 

Wayne Ecton Ron McCullagh 

W.J. "Jim" Lane Tony Nelssen 

Tuesday, March 18,2008 

5:00 P.M. 

CITY COUNCIL MEETING 

Call to Order - City Hall Kiva Forum, 3939 N. Drinkwater Boulevard - 5:20 PM 

Roll Call - ALL PRESENT 

Pledge of Allegiance - CHARLES SCHREIBMAN, BOY SCOUT TROOP NO. 30 

Invocation - CHARLESCHREIBMAN, BOY SCOUT TROOP NO. 30 

Presentations/Information Updates 

Approval of Minutes - OK - AS AMENDED - 710 

REGULAR MEETINGS SPECIAL MEETINGS EXECUTIVE SESSIONS 

February 19, 2008 Febr~tarv 26. 2008 August 29,2006 

September 12, 2006 

September 19, 2006 

November 27,2006 

December 1 1.2006 

Public Comment - DARLENE PETERSON EXPRESSED CONCERN ABOUT BEING HARASSED WHILE GATHERING REFERENDUM 

PETITION SIGNATURES; JOHN WASHINGTON INTRODUCED A VIDEO AND SPOKE TO INCIDENTS OF HARASSMENT REGARDING 

REFERENDUM PETITION SIGNATURE EFFORTS; BERNARD KESSLER EXPRESSED CONCERN ABOUT BEING DENIED THE RIGHT TO 

SOLICIT FUNDS FOR ANIMAL AND HOMELESS SHELTERS; TOM GILLER SAID THE COUNCIL SHOULD PROTECT INTERESTS OF 

CITIZENS, NOT DEVELOPERS. 

Citizens may complete one Request to Speak "Public Comment" card per night and submit it to the City 

Clerk before or during this evening's meeting. Please check the box that refers to "Public Comment." This 

"Public Comment" time is reserved for citizen comments regarding non-agendized items. No official 

Council action can be taken on these items. Speakers are limited to three minutes to address the Council 

during "Public Comment" time. 

PERSONS WITH A DISABILITY MAY REQUEST A REASONABLE ACCOMMODATION BY CONTACTING THE CITY CLERK'S 

OFFICE AT (480-312-2412). REQUESTS SHOULD BE MADE 24 HOURS IN ADVANCE, OR AS EARLY AS POSSIBLE TO ALLOW TIME TO 

ARRANGE ACCOMMODATION. FOR TTY USERS, THE ARIZONA RELAY SERVICE (1-800-367-8939) MAY CONTACT THE CITY 

CLERK'S OFFICE (480-312-2412). 
ITEMS 25-27 

Tuesday, March 18,2008 

Page 10 of 12 

How the Regular Agenda Works: The Council takes a separate action on each item on the Regular Agenda. If you 

wish to address the Council regarding any or all of the items on the Regular Agenda, please complete a Comment Card 

for each topic you wish to address and submit it to the City Clerk. Speakers will be given at least three minutes to speak 

per item. Additional time mav be granted to speakers representing two or more persons. Cards for designated speakers 

and the persons they represent must be submitted together. Comment cards must be submitted before public 

testimony has begun on any regular agenda or public hearing item. 

25. Dust Control Text Amendment (1 -TA-2008) 

MOTION TO APPROVE 1 -TA-2008, OPTION B, EXCLUDING SECTION 9.1 06, TO ALLOW FURTHER INVESTIGATION OF THE 

IMPACT TO RESIDENTIAL PROPERTIES WlTH UNPAVED DRIVING OR PARKING AREAS OF 3,000 SQUARE FEET OR GREATER 

- FAILED - 314 (MM, WE, BD, RM) 

MOTION TO APPROVE 1-TA-2008, OPTION B, AND INSTRUCT STAFF TO CONTINUE WORKING WlTH AFFECTED PRIVATE 

PROPERTY OWNERS, SPECIFICALLY EQUESTRIAN USERS, AS WELL AS WORKING WlTH MARICOPA COUNTY OFFICIALS 

REGARDING LESS ONEROUS PROVlSiONS FOR ENFORCEMENT OF REGULATIONS; AND PROVIDE AN ESTIMATION OF COSTS 

AND OPTIONS TO THE COUNCIL - OK - 512 (JL, TN) 

Requests: 

1. Approve text amendments to City Zoning Ordinance No. 455, Article VII, General Provisions. Section 

7.200.1., Designated parking in front yard; Article IX, Parking and Loading Requirements., Section 

9.104.F, Parking Master Plan, Section 9.106, Design standards for public and private on-site parking areas, 

and Section 9.200, Off-street loading with the purpose of regulating the surface material of parking, 

maneuvering, ingress, and egress areas. 

2. Adopt Ordinance No. 3774 affirming the text amendment. 

Related Policies, References: 

Zoning Ordinance 

City Code, Chapters 18, 19, and 46 

Staff Contact(s): Frank Gray, Planning and Development Services General Manager, 480-3 12-2890, 

fcrav~2scortsdaleaz~; Lusia Galav, Current Planning Director, 480-3 12-2506, leala~~il;scottsdaleaz.irov 

26. Dust Control Code Amendments - MOTION TO APPROVE OPTION B - OK - 710 

Requests: 

1. Adopt Ordinance No. 3775 amending Chapter 18 of the Scottsdale Revised Code, Public Nuisance and 

Property Maintenance, by amending Section 18-2, Definitions, and Section 18-1 1, Preservation of rural 

residential lifestyle; and adding Section 18-9.1, Blowing landscape waste, and Section 18-9.2, Treatment of 

vacant lots. 

2. Adopt Ordinance No. 3776 amending Chapter 19 of the Scottsdale Revised Code, Offenses - 

Miscellaneous, by amending Section 19-14. Operation of vehicles on private property, and adding Section 

19- 14.1, Operation of vehicles on property - penalties. 

3. Adopt Ordinance No. 3777 amending Chapter 46 of the Scottsdale Revised Code, Planning, Development 

and Fees, by amending Section 46-1 6, Scope, and Section 46-1 7, Surfacing and Drainage; and by deleting 

Section 46-1 8. Dust Control. 

Related Policies, References: 

Resolution No. 4752, dated March 3 1, 1997, implementing six action items in a region-wide 

communication plan. 

Resolution No. 4864, dated August 4, 1997 implementing 21 measures related to particulate and carbon 

monoxide air pollution. 

Resolution No. 4942, dated December 1, 1997, implementing 13 measures related to particulate pollution 

from unpaved roads, shoulders, access points, parking lots, vacant lots, and weed abatement activities. 

Resolution No. 5 100, dated December 1, 1998, implementing six measures related to particulate dust 

control. 

(Item No. 26 continued on next page) 
Tuesday, March 18,2008 

Page 11 of 12 

(Item No. 26 continued from previous page) 

Resolution No. 6588, dated December 6, 2004, implementing one measure related to reducing reentrained dust emissions from targeted paved roads in Scottsdale and a protocol for implementing 

the measure. 

Ordinance No. 3095, adopted December 1, 1997, Building Code amendment on residential - 

fireplaces. 

Resolution No. 7280, dated July 9,2007, related to MAG Five Percent Plan commitments from the 

City of Scottsdale to take specific actions to reduce air pollution from particulate dust (PM-10). 

Senate Bill 1552, passed in June 2007. 

Staff Contact(s): Frank Gray, Planning and Development Services General Manager, 480-3 12-2890, 

f~~-ay'iisc~~ttsdalea~.go~ ; Raun Keagy, Citizen and Neighborhood Resources Interim General 

Manager, 480-3 12-2373, rkea! /L; scoltscl a.cctr.gciv 1 -, - 

Water Service Options for Citv of Scottsdale Arizona American Water Companv 

Customers - MOTION TO EXPAND THE EXISTING STUDY TO INCLUDE DETAILED ENGINERING 

EVALUATIONS, FINANCING AND REPAYMENT ALTERNATIVES, APPRAISAL OF ASSETS NECESSARY TO 

DETERMINE THE FEASlBlLlTY OF ADDING APPROXIMATELY 2,600 SCOTTSDALE BUSINESSES AND 

HOUSEHOLDS WHICH ARE CURRENTLY ARIZONA AMERICAN CUSTOMERS TO THE SCOTTSDALE WATER 

SYSTEM - OK - 710 

Request: Discuss options and receive Council direction for action regarding water service for 

Scottsdale residents currently served by the Arizona American Water Company. 

Staff Contact(s): Marshall Brown, Water Resources General Manager, 480-3 12-5683, 

mbro\sn~scottsdaleaz.gov; - - Roger Klingler, Assistant City Manager, 480-3 12-5830, 

~~kIinr!Ier'~scottsdaIeaz.~ov 

Mayor and Council Item begins on the following uage 
Ordinance No. 3774 

Page 1 of 5 . . 

#:. ;/; ! , ., . -. L' .-. .,., ,:.-;I : * ) j ?.' 

i ::/:,,.,,. , .: j3;{ OPTION B -WITH DELAYED ENFORCEMENT 08 ',:.:,! k?: :! +.,q 

ORDINANCE NO. 3774 . ; ! ..!/c: /I 

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SCOTTSDALE, 

MARICOPA COUNTY, ARIZONA, AMENDING ORDINANCE NO. 455, THE 

ZONING ORDINANCE OF THE CITY OF SCOTTSDALE, BY AMENDING 

ARTICLE VII, GENERAL PROVISIONS (SEC1-ION '7.200, ADDITIONAL 

AREA REGULATIONS), AND ARTICLE IX, PARKING AND LOADING 

REQUIREMENTS, (SEC'l7ON 9.104, PROGRAMS AND INCENTIVES TO 

REDUCE PARKING REQUIREMENTS; SECTION 9.106, DESIGN 

STANDARDS FOR PUBLIC AND PRIVATE ON-SITE PARKING AREAS; AND 

SECTION 9.201, GENERAL REGULATIONS) FOR THE PURPOSE OF 

STABILIZING CERTAIN PARKING, MANEUVERING, INGRESS AND 

EGRESS AREAS FOR DUST CONTROL, IN COMPLIANCE WITH STATE 

LAW. 

WHEREAS, the Council of the City of Scottsdale wishes to amend certain provisions in 

the Zoning Ordinance to stabilize certain parking, maneuvering, ingress and egress areas for 

dust control, in compliance with state law, and amend certain other provisions to promote 

internal consistency, and 

WHEREAS, the Planning Commission held a public hearing on February 27, 2008 and 

considered the amendments, and 

WHEREAS, the City Council held a public hearing on March 18, 2008, and considered 

the amendments; 

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Scottsdale, 

Arizona, that the Zoning Ordinance be amended as follows: 

Section 1 . Subsection 7.200.1, Additional area regulations, Designated parking in front 

yards, is amended to read as follows: 

Sec. 7.200. Additional area regulations. 

I. Designated parking in front yards. This section shall apply only to single-family detached 

homes in residential districts. 

1. The total aggregate parking andlor driveway area shall be the lesser of thirty-five 

percent (35%) 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 
Ordinance No. 3774 

Page 2 of 5 

COMPLETELY 

jOR SEALED 

AGGREGATE PAVEMENT; (2) THREE (3) INCHES DEEP CRUSHED 

ROCK COMPLETELY CONTAINED IN A PERMANENT BORDER; OR 

(3) ANOTHER STABILIZATION MATERIAL APPROVED BY 

MARICOPA COLINTY. 

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 Section 1.1 300 

et. seq. of the Zoning Ordinance of the City of Scottsdale. 

Section 2. Subsection 9.104.F.6, Programs and incentives to reduce parking 

requirements, Parking master plan, Performance standards, is amended to read as follows: 

Sec. 9.104. Programs and incentives to reduce parking requirements. 

F. Parking master plan. 

6. Performance standards. Parking shall comply with the requirements of the zoning 

ordinance as amended except where application of the following criteria can 

show that a modification of the standards is warranted. This shall be determined 

by the City Manager or designee pending his or her review of the materials 

described in subsection 5. above. 

a. The parking master plan shall provide sufficient number and types of 

spaces to serve the uses identified on the site. 

b. Adequate provisions shall be made for the safety of all parking facility 

users, including motorists, bicyclists and pedestrians. 

c. Parking master plans shall be designed to minimize or alleviate traffic 

problems. 

d. Parking spaces shall be located near the uses they are intended to serve. 

e. Adequate on-site parking shall be provided during each phase of 

development of the district. 

f. The plan shall provide opportunities for shared parking or for other 

reductions in trip generation through the adoption of transportation 

demand management (TDM) techniques to reduce trip generation, such 

as car pools, van pools, bicycles, employer transit subsidies, compressed 

work hours, and high occupancy vehicle (HOV) parking preference. 

g. Surfacing of the lot shall be dust-proof, as provided by Section 

9.106.C.1.&2. 

h. The parking master plan shall attempt to reduce environmental problems 

and to further the city's compliance with the federal Clean Air Act 

amendments of 1990 through appropriate site planning techniques, such 

as but not limited to reduced impervious surfaces and pedestrian 

connections. 

I. Compliance with the federal Clean Air Act amendments of 1990 shall be 

considered. 

j. Reductions in the number of parking spaces should be related to 

significant factors such as, but not limited to: 

(1) Shared parking opportunities; 

(2) Hours of operation; 
Ordinance No. 3774 

Page 3 of 5 

(3) The availability and incorporation of transit services and facilities; 

(4) Opportunities for reduced trip generation. Through pedestrian 

circulation between mixed-uses (as defined in article Ill, 

definitions); 

(5) Off-site trafic'mitigation measures; 

(6) Recognized variations in standards due to the scale of the 

facilities; 

(7) Parking demand for a specified use; and 

(8) The provisions of accessible parking spaces beyond those 

required per Section 9.105. 

k. Reductions in the number of parking spaces for neighborhood-oriented 

uses may be granted at a rate of one (I) space for every existing or 

planned residential unit located within two (2) blocks of the proposed use, 

and one-half (0.5) space for every existing or planned residential unit 

located within four (4) blocks of the proposed use. 

Section 3. Subsection 9.106.C.1, Design standards for public and private on-site parking 

areas, Design and improvement standards, Vehicular, is amended to read as follows: 

Sec. 9.106. Design standards for public and private on-site INGRESS, EGRESS, 

MANEUVERING AND parking areas. 

C. Design and improvement standards. 

1. Vehicular. 

A. I ?K P4 n4 D4 7 r)4 F D3 D 

FOR RESIDENTIAL USES, WlTH A TOTAL AREA OF THREE THOUSAND (3,000) 

SQUARE FEET OR GREATER, SHALL BE IMPROVED IN COMPLIANCE WlTH THE 

DESIGN STANDARDS AND POLICIES MANUAL AND THEREAFTER MAINTAINED 

BY SURFACING, TO PREVENT EMANATION OF DUST, WlTH (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. 

aB. 

NON-RESIDENTIAL USES AND RESIDENTIAL 

USES WlTH MORE THAN FOUR (4) UNITS: PARKING, MANEUVERING, INGRESS 

AND EGRESS AREAS FOR (1) INDUSTRIAL, COMMERCIAL, AND NONRESIDENTIAL USES, AND (2) RESIDENTIAL USES WlTH MORE THAN FOUR 

UNITS SHALL BE.IMPROVED IN COMPLIANCE WlTH THE DESIGN STANDARDS 

AND POLICIES MANUAL AND THEREAFTER MAINTAINED.WITH REGARD TO: 

(1) Grading and drainage. 

G3m 

@URFACING, TO PREVENT 
Ordinance No. 3774 

Page 4 of 5 

EMANATION OF DUST, WITH (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. 

(32) Parking stall layout and markings. 

(43) Protective pipes at driveway entrances. 

(54) Curbs, barriers and wheel stops. This requirement shall not apply within the 

taxilane safety area as defined in Chapter 5 of the Scottsdale Revised Code. 

(65) Directional signs. 

aC. NON-RESIDENTIAL USES AND RESIDENTIAL USES W/TH MORE THAN FOUR (4) 

UNITS: PARKING AREAS FOR (1) INDUSTRIAL, COMMERCIAL, AND NONRESIDENTIAL USES, AND (2) RESIDENTIAL USES WlTH MORE THAN FOUR (4) 

UNITS SHALL MEET THE FOLLOWING STANDARDS: 

k(1) The parking lot shall be designed so that vehicles exiting therefrom will not be 

required to back out across any sidewalk or street. 

~(2) Allrequired on-site parking spaces shall open directly upon an aisle or 

driveway.' All on-site parking facilities shall be provided with appropriate means of 

vehicular access to a public street. 

&(3) All parking lots shall be illuminated in accordance with Section 7.600. outdoor 

lighting, or as determined by the Development Review Board. 

44) Illumination of an on-site parkirrg area shall be arranged so as not to reflect 

direct rays of light into adjacent residential districts and streets. In no case shall 

such lighting cause more than one (1) footcandle of light to fall on adjacent 

properties as measured horizontally at the lot line. Shields shall be used where 

necessary to prevent exposure of adjacent properties. 

f: (5) Any wall, fence or landscaping provided shall be adequately protected from 

damage by vehicles using the parking lot and shall be properly maintained and 

kept in good repair at all times. 

D. THE EFFECTIVE DATES FOR THE IMPROVEMENT STANDARDS REGARDING 

SURFACING SET FORTH IN THIS SECTION SHALL BE: 

(1) OCTOBER 1,2008 FOR PARKING, MANEUVERING, INGRESS AND EGRESS 

AREAS FOR INDUSTRIAL, COMMERCIAL, AND NON-RESIDENTIAL USES, 

AND RESIDENTIAL USES WlTH MORE THAN FOUR UNITS; AND 

(2) OCTOBER 1,2009 FOR PARKING, MANEUVERING, INGRESS AND EGRESS 

AREAS, FOR RESIDENTIAL USES, WlTH A TOTAL AREA OF THREE 

THOUSAND (3,000) SQUARE FEET OR GREATER. 
Ordinance No. 3774 

Page 5 of 5 

Section 4. Subsection 9.201, General regulations, is amended to read as follows: 

Sec. 9.201. General regulations. 

All buildings hereafter erected or established shall have and maintain loading space(s) 

as determined by Development Review BOARD approval as outlined in article I, section 1.900 

hereof and subject to conditions herein. 

A. No part of an alley or street shall be used for loading excepting areas designated 

by the city. 

B. No loading space that is provided in an approved development review shall 

hereafter be eliminated, reduced or converted, unless equivalent facilities are 

provided elsewhere. 

C. All loading space shall be surfaced and maintained subject to the standards of 

SECTION 9.1 06.C.1. 

PASSED AND ADOPTED by the Council of the City of Scottsdale, Arizona, this ~8'~ day 

of March, 2008. 

CITY OF SCOTSDALE, an Arizona 

municipal corporation 

By: By: 

- - 

Mayor 

By: 

City Attorney 
Ordinance No. 3775 

Page 1 of 3 

,r '- ,,it ! ;: . ,. 7. ,: ,, - l.:,.. / ; -. ,.-:., 

OPTION B - DELAYED ENFORCEMENT :.., / . .,, t : .. . 08 4: :, .J; ; ,:-. 

ORDINANCE NO. 3775 -,7 L%il

LJ 4/f ,!,?, 

AN ORDINANCE OF 'THE COUNCIL OF THE CITY OF SCOTTSDALE, -. 20 

MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 18, PUBLIC 

NUISANCE AND PROPERTY IVIAINTENANCE, BY AMENDING SECTION 

18-2, DEFINITIONS; SECTION 18-1 1, PRESERVATION OF RURAL 

RESIDENTIAL LIFESTYLE; AND ADDING SEC-TION 18-9.1, BLOWING 

LANDSCAPE WASTE AND SECTION 18-9.2, TREATMENT OF VACANT 

LOTS, FOR THE PURPOSES OF LlMlTlNG BLOWING LANDSCAPE 

WASTE, STABILIZING CERTAIN PARKING AND MANEUVERING AREAS 

AND MINIMIZING DUST FROM VACANT LOTS SUBJECT TO ILLEGAL 

VEHICLE USE, ALL IN COMPLIANCE WITH STATE LAW. 

WHEREAS, the Council of the City of Scottsdale wishes to amend Chapter 18, Public 

Nuisance and Property Maintenance, to comply with newly revised state law addressing dust 

control by adding and amending certain definitions; revising the exclusions for preserving rural 

residential lifestyle; limiting leaf blower use; and minimizing access to vacant lots subject to 

illegal vehicle use; and 

WHEREAS, the City Council held a hearing on March 18, 2008 and considered the 

amendments; 

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Scottsdale, 

Arizona, that Chapter 18, Public Nuisance and Property Maintenance, be amended as follows: 

Section 1. Section 18-2, Definitions, is amended to change the definition of dust free 

surface to read as follows: 

(10) Dust free surface means an area completely covered by (1) concrete, asphalt, cement or 

sealed aggregate pavement; e&y (2) three (3) inches deep crushed rock completely contained 

in a permanent border; OR (3) ANOTHER STABILIZATION MATERIAL APPROVED BY THE 

CITY. Dust free surface does not include areas of grass, lawn, compacted dirt or hard-packed 

dirt. 

Section 2. Section 18-2, Definitions, is amended to add the following definitions in 

alphabetical order, and to renumber the remaining definitions as appropriate: 

LANDSCAPE WASTE MEANS ANY DIRT, DUST, SAND, STONES, EXCAVATION 

MATERIAL, LEAVES, LANDSCAPE CLIPPINGS, SEVERED PLANT GROWTH OR ANY 

OTHER MATERIAL RESULTING FROM LANDSCAPE INSTALLATION OR MAINTENANCE. 

LEAF BLOWER MEANS ANY DEVICE THAT GENERATES A STREAM OF AIR THAT IS 

DESIGNED OR USED TO MOVE LANDSCAPE WASTE OR LIlTER. 

PUBLIC ROADWAY MEANS THAT PART OF THE STREET USED OR INTENDED FOR USE 

BY THE GENERAL PLIBI-IC FOR MOTOR VEHICLES. 

VACANT LOT MEANS LAND THAT HAS BEEN OR HAS NOT BEEN DISTURBED AND/OR 

WAS PREVIOUSLY DEVELOPED, AND MAY CONTAIN STRUCTLIRES BUT DOES NOT 

CONTAIN BUILDINGS. 
Ordinance No. 3775 

Page 2 of 3 

Section 3. Section 18-9.1, Blowing landscape waste, is added to read as follows: 

SEC. 18-9.1. BLOWING LANDSCAPE WASTE. 

NO PERSON SHALL USE A LEAF BLOWER TO BLOW LANDSCAPE WASTE INTO 

THE PUBLIC ROADWAY. 

Section 4. Section 18-9.2, Treatment of vacant lots, is added to read as follows: 

SEC. 18-9.2. TREATMENT OF VACANT LOTS. 

THE OWNER OF A VACANT LOT THAT HAS BEEN SUBJECT TO USE 

(OPERATING AND/OR PARKING) BY ANY MOTOR VEHICLE, MOTORCYCLE, MINI-BIKE, 

TRAILBIKE, DUNE BUGGY, MOTOR SCOOTER, JEEP OR OTHER FORM OF 

TRANSPORTATION OR RECREATIONAL VEHICLE PROPELLED BY AN INTERNAL 

COMBUSTION ENGINE, SHALL TAKE MEASURES TO PREVENT FUTURE USE 

(OPERATING AND/OR PARKING) ON THE VACANT LOT. THE MEASURES MAY INCLUDE 

ERECTING A FENCE, CONSTRUCTING A DITCH AND BERM, AND/OR PLACING FOUR (4) 

FOOT HIGH POSTS AT FOUR (4) FOOT INTERVALS. ANY MEASURES UNDER THIS 

SECTION SHALL BE TAKEN ONLY IN CONFORMANCE WITH REQUIRED PERMITS. 

Section 5. Section 18-11, Preservation of rural residential lifestyle, is amended to read 

as follows: 

Sec. 18-1 1. Preservation of rural residential lifestyle. 

(a) The purpose of this section is to recognize that presewation of the western rural 

residential lifestyle in limited areas of the city promotes the health, safety, aesthetic and 

general welfare of the citizens of the city. 

(b) 'THE 

property maintenance standards that require the owner andlor occupant of land to park 

or store a vehicle or watercraft only on a dust free surface set forth in subsection 18-7(b) 

shall not apply to rural residential lifestyle land, EXCEPT: 

(1) A CONDITION THAT IS A PUBLIC NUISANCE AS SET FORTH IN SECTION 18-5 

IS PROHIBITED, OR 

(2) SURFACES FOR INGRESS, EGRESS, PARKING AND MANEUVERING THAT 

ARE GREATER THAN THREE THOUSAND (3000) SQUARE FEET MUST BE 

DUST FREE SURFACES. 
Ordinance No. 3775 

Page 3 of 3 

(C) THE EFFECTIVE DATE FOR SllRFAClNG INGRESS, EGRESS, PARKING AND 

MANEUVERING. AREAS GREATER THAN THREE THOUSAND (3000) SQUARE 

FEET IS OCTOBER 1,2009. 

PASSED AND ADOPTED by the Council of the City of Scottsdale, Arizona, this 18'~ day 

of March, 2008. 

ATTEST: CITY OF SCOTTSDALE, an Arizona 

municipal corporation 

Mary Manrosy 

Mayor 

APPROVED AS TO FORM: 

City Attorney 
Ordinance No. 3776 

Page 1 of 3 .r. . ;$ :, . " .A: ::,T~, 

.J,.;( ;f.. ': 

y :)I, 08::,$ i., 1 J;;', 

'-1 -. 7 /g,~ ORDINANCE NO. 3776 " d:,t I? 14: zo 

AN ORDINANCE OF THE COUNCIL OF THE ClTY OF SCOTTSDALE, 

MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 19, OFFENSESMISCELLANEOUS, BY AMENDING SECTION 19-14, OPERATION OF 

VEHICLES ON PRIVATE PROPERTY, AND ADDING SECTION 19-14.1, 

OPERATION OF VEHICLES ON PROPERTY-PENALTIES, FOR THE 

PURPOSE OF MINIMIZING DUST FROM PROPERTY SUBJECT TO 

ILLEGAL VEHICLE USE, IN COMPLIANCE WITH STATE LAW. 

WHEREAS, the Council of the City of Scottsdale wishes to amend Chapter 19, 

Offenses--Miscellaneous, to comply with newly revised state law addressing dust control by 

amending certain provisions regarding operating vehicles on property; and adding specialized 

penalty provisions regarding operating vehicles on property; and 

WHEREAS, the City Council held a hearing on March 18, 2008 and considered the 

amendments; 

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Scottsdale, 

Arizona, that Chapter 19, Offenses-Miscellaneous, be amended as follows: 

Section 1. Section 19-14, Operation of vehicles on private property, is amended to read 

as follows: 

Sec. 19-14. Operation of vehicles on p&&e property. 

(a) It is unlawful for any person to operate or drive or leave any motor vehicle, 

motorcycle, mini-bike, trailbike, dune buggy, motor scooter, jeep or other form of transportation 

OR RECREATIONAL VEHICLE propelled by an internal combustion engine, upon tM+k&e 

WT3 

I 

AND THAT IS CLOSED BY (I) THE LANDOWNER, (2) A FEDERAL, STATE, COUNTY OR 

ClTY RULE OR REGULATION OR (3) PROPER POSTING NOTICING CLOSURE. EVEN IF 

WRllTEN PERMISSION IS GRANTED BY THE LANDOWNER, ALL USE BY A MOTOR 

VEHICLE, MOTORCYCLE, MINI-BIKE, TRAILBIKE, DUNE BUGGY, MOTOR SCOOTER, 

JEEP OR OTHER FORM OF TRANSPORTATION OR RECREATIONAL VEHICLE 

PROPELLED BY AN INTERNAL COMBUSTION ENGINE SHALL BE ON A DUST FREE 

SURFACE. 

(B) SUBSECTION (A) ABOVE DOES NOT APPLY TO THE OPERATION OF 

VEHICLES USED IN THE NORMAL COURSE OF BUSINESS OR THE NORMAL COURSE 

OF GOVERNMENT OPERATIONS. 

(C) SUBSECTION (A) ABOVE DOES NOT APPLY TO THE OPERATION OF 

UTILITY VEHICLES FOR OPERATION, DISTRIBUTION AND TRANSMISSION SYSTEMS IF 

OPERATIONS ARE PERFORMED: 
Ordinance No. 3776 

Page 2 of 3 

(1) USING A MARKED UTILITY VEHICLE, OR 

(2) USING A PERSONAL VEHICLE WITH UTILITY IDENTIFICATION 

CLEARLY VISIBLE ON OR IN THE VEHICLE. 

(D) IN THlS SECTION: 

DUST FREE SURFACE MEANS AN AREA 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 THE CITY. DUST FREE 

SURFACE DOES NOT INCLUDE AREAS OF GRASS, LAWN, COMPACTED DIRT OR 

HARD-PACKED DIRT. 

VACANT LOT MEANS LAND THAT HAS BEEN OR HAS NOT BEEN 

DISTURBED AND/OR WAS PREVIOUSLY DEVELOPED, AND MAY CONTAIN 

STRUCTURES BUT DOES NOT CONTAlN BUILDINGS. 

(E) THE CITY MANAGER OR DESIGNEE AND CERTIFIED POLICE OFFICERS 

SHALL ENFORCE THlS SECTION. 

Section 2. Section 19-14.1, Operation of vehicles on private property--penalties, is 

added to read as follows: 

SEC. 19-14.1. OPERATION OF VEHICLES ON PROPERTY-PENALTIES. 

(A) A PERSON CONVICTED OF A VIOLATION OF SUBSECTION 19-14(A) 

SHALL BE GUILTY OF A CLASS 3 MISDEMEANOR. 

(B) IN ADDITION TO OR IN LIEU OF A FINE PURSUANT TO THlS SECTION, A 

JUDGE MAY ORDER THE PERSON TO PERFORM AT LEAST EIGHT (8) BUT NOT MORE 

THAN TWENTY-FOUR (24) HOURS OF COMMUNITY RESrITU'rION OR TO COMPLETE AN 
Ordinance No. 3776 

Page 3 of 3 

APPROVED SAFETY COURSE RELATED TO 'THE OFF-HIGHWAY OPERATION OF 

MOTOR VEHICLES, OR BOTH. 

PASSED AND ADOPTED by the Council of the City of Scottsdale, Arizona, this 18" day 

of March, 2008. 

CITY OF SCOTTSDALE, an Arizona 

municipal corporation 

By: By: 

Mary Manross 1 

Mayor 

APPROVED AS TO FORM: 

City Attorney 
Ordinance No. 3777 

Page 1 of 2 

- . I ..;I .,\ ' 

< /Ll;f OPTION B-DELAYED ENFORCE MEN^'!(^!! - o 

ORDINANCE NO. 3777 

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SCOTTSDALE, 

MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 46, PLANNING, 

DEVELOPMENT AND FEES, BY AMENDING SECTION 46-16, SCOPE, 

AND SECTION 46-17, SURFACING AND DRAINAGE; AND DELETING 

SECTION 46-18, DUST CONTROL, FOR THE PURPOSE OF STABILIZING 

CERTAIN PARKING, MANEUVERING, INGRESS AND EGRESS AREAS 

FOR DUST CONTROL, IN COMPLIANCE WlTH STATE LAW. 

WHEREAS, the Council of the City of Scottsdale wishes to amend Chapter 46, Planning, 

Development and Fees, to comply with newly revised state law addressing dust control by 

amending certain provisions regarding stabilizing certain parking, maneuvering, ingress and 

egress areas for dust control, in compliance with state law; and 

WHEREAS, the City Council held a hearing on March 18, 2008 and considered the 

amendments: 

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Scottsdale, 

Arizona, that Chapter 46, Planning, Development and Fees, be amended as follows: 

Section 1. Section 46-16, Scope, is amended to read as follows: 

Sec. 46-1 6. Scope. 

All THE FOLLOWING public and private PARKING, MANEUVERING, INGRESS AND 

EGRESS AREAS pad&=@& -, shall 

comply with the requirements of this article ?? w- 

(1) PARKING, MANEUVERING, INGRESS AND EGRESS AREAS FOR INDUSTRIAL, 

COMMERCIAL, AND NON-RESIDENTIAL USES. 

(2) PARKING, MANEUVERING, INGRESS AND EGRESS AREAS FOR RESIDENTIAL 

USES WlTH MORE THAN FOUR UNITS. 

(3) PARKING, MANEUVERING, INGRESS AND EGRESS AREAS FOR RESIDENTIAL 

USES, WlTH A TOTAL AREA OF THREE THOUSAND (3,000) SQUARE FEET OR 

GREATER. 

Section 2. Section 46-17, Surfacing and drainage, is amended to read as follows: 

Sec. 46-1 7. Surfacing -AND EFFECTIVE DATES. 
Ordinance No. 3777 

Page 2 of 2 

(A) PARKING, MANEUVERING, INGRESS AND EGRESS AREAS SHALL BE SURFACED 

WlTH MATERIALS APPROVED BY THE CITY. ALL CONSTRUCTION STANDARDS, 

MATERIALS AND METHODS SHALL BE IN COMPLIANCE WlTH THE DESIGN 

STANDARDS AND POLICIES MANUAL. 

(B) THE EFFECTIVE DATES FOR THE IMPROVEMENT STANDARDS SET FORTH IN 

SUBSECTION A. OF THIS SECTION SHALL BE: 

(1) OCTOBER 1, 2008 FOR PARKING, MANEUVERING, INGRESS AND EGRESS 

AREAS FOR INDUSTRIAL, COMMERCIAL, AND NON-RESIDENTIAL USES, AND 

RESIDENTIAL USES WlTH MORE THAN FOUR UNITS; AND 

(2) OCTOBER 1, 2009 FOR PARKING, MANEUVERING, INGRESS AND EGRESS 

AREAS, FOR RESIDENTIAL USES, WlTH A T.0TAL AREA OF THREE THOUSAND 

(3,000) SQUARE FEET OR GREATER. 

Section 3. Section 46-1 8, Dust control, is deleted. 

PASSED AND ADOPTED by the Council of the City of Scottsdale, Arizona, this 1 8th day 

of March, 2008. 

ATTEST: CITY OF SCOTTSDALE, an Arizona 

municipal corporation 

By: 

Mayor -/ 

APPROVED AS TO-F-~RM; 

v 3 /&,bL, . - By: ,L . .- 

Deborah W. ~obberson~ 40" 

City Attorney 
SCOTTSDALE - --r 

CITY COUNCIL MEETING L'-,, , - ; ,,., 

"tJ/( 

09rjy! -,? fi., 

I,, j 12: -8 ***AMENDED***MEETING NOTICE AND AGENDA LO 

[ITEM NO. 25 REWORDED, NEW COUNCIL REP~RT AND RESOLUTION; ITEMS NO. 32A, 32B,35 

AND 36 ADDED] 

Councr1 

Mary Manross, Mayor 

Betty Drake 

Wayne Ecton 

W.J. "Jim" Lane 

Robert W. Littlefield 

Ron McCullagh 

Tony Nelssen 

Tuesday, April 15,2008 

500 P.M. 

CITY COLINCIL MEETING MARKED AGENDA 

Call to Order - City Hall Kiva Forum, 3939 N. Drinkwater Boulevard - 5:07 PM 

Roll Call - ALL PRESENT 

Pledge of Allegiance - BOY SCOUT TROOP NO. 30 

Invocation - PASTOR DAVE OTTO, SCOTTSDALE BIBLE CHURCH 

Presentations/Information Updates 

Approval of Minutes - OK - 7'0 

REGULAR MEETINGS SPECIAL MEETINGS WORK STUDY SESSIONS EXECUTIVE SESSIONS 

March 18. 2008 Varch 25, 2008 

April 1. 2008 

Public Comment - LINDA Ross PRESENTED A CITIZEN PETITION REQUESTING COUNCIL ADOPT AN ORDINANCE TO CHANGE 

CONSTRUCTION START TIMES TO 7 AM IN THE SUMMER MONTHS AND 8 AM IN THE WINTER MONTHS. 

Citizens may complete one Request to Speak "Public Comment" card per night and submit it to the City 

Clerk before or during this evening's meeting. Please check the box that refers to "Public Comment." This 

"Public Comment" time is reserved for citizen comments regarding non-agendized items. No official 

Council action can be taken on these items. Speakers are limited to three minutes to address the Council 

during "Public Comment" time. 

How the Consent Agenda Works: The Council may take one vote to act on all items on the Consent Agenda, 

or may remove items for further discussion. Every interested citizen will have one opportunity to speak on any or 

all Consent Agenda items. If you wish to speak on these items, please complete a Request to Speak card for each 

topic you wish to address. You will be given at least three minutes to speak on the Consent Agenda items 

you wish to address. Additional time for multiple agenda items will be at the Mayor's discretion. 

OFFICE AT (480-312-2412). REQUESTS SHOULD BE MADE 24 HOURS IN ADVANCE, OR AS EARLY AS POSSIBLE TO ALLOW TIME TO 

ARRANGE ACCOMMODATION. FOR TTY USERS, THE ARIZONA RELAY SERVICE (1-800-367-8939) MAY CONTACT THE CITY 

CLERK'S OFFICE (480-312-2412). 
REGULAR AGENDA 

Tuesday, April 15,2008 

Page 12of 14 

***32A. Citv-w-trol T-dment I1 - TA - 2008a 

Request: Initiate a text amendment to Article VII. General Provisions, and Article IX. Parking and Loading 

Requirements of City of Scottsdale Zoning Ordinance No. 455 for the purpose of implementing air quality 

regulations affecting parking and vehicle maneuvering areas as mandated by the Arizona Revised Statutes. 

Related Policies, References: 

Zoning Ordinance 

City Code, Chapters 18, 19, and 46 

Ordinance Nos. 3775,3776, and 3777, adopted March 18, 2008, amending Chapters 18, 19, and 45 of the 

City Code. 

Ordinance No. 3774, adopted March 18, 2008, amending Articles Vii and IX of the Zoning Ordinance. 

Staff Contact(s): Frank Gray, Planning and Development Services General Manager, 480-3 12-2890, 

f~rav~@scottsdaleaz.ov; Lusia Galav, Current Planning Director, 480-3 12-2506, Irralavilscottsdaleaz.~ov 

-326. Code Amen- Rekd to Dust Contrm 

Requests: 

1. Adopt Ordinance No. 3789 amending Scottsdale Revised Code Chapter 18. Public Nuisance and Property 

Maintenance, by amending Section 18-2. Definitions, and Section 18-1 1. Preservation of rural residential 

lifestyle. 

2. Adopt Ordinance No. 3790 amending Scottsdale Revised Code Chapter 46. Planning, Development and 

Fees, by amending Section 46-16. Scope, and Section 46-17. Surfacing and drainage. 

Related Policies, References: 

Resolution No. 4752, dated March 3 1, 1997, implementing six action items in a region-wide 

communication plan. 

Resolution No. 4864, dated August 4, 1997 implementing 21 measures related to particulate and carbon 

monoxide air pollution. 

Resolution No. 4942, dated December 1, 1997, implementing 13 measures related to particulate pollution 

from unpaved roads, shoulders, access points, parking lots, vacant lots, and weed abatement activities. 

Resolution No. 5 100, dated December 1, 1998, implementing six measures related to particulate dust 

control. 

Resolution No. 6588, dated December 6,2004, implementing one measure related to reducing re-entrained 

dust emissions from targeted paved roads in Scottsdale and a protocol for implementing the measure. 

Ordinance No. 3095, adopted December 1, 1997, Building Code amendment on residential fireplaces. 

Resolution No. 7280, dated July 9, 2007, related to MAG Five Percent Plan commitments from the City of 

Scottsdale to take specific actions to reduce air pollution from particulate dust (PM-10). 

Senate Bill 1552, passed in June 2007. 

Ordinance No. 3775, adopted March 18,2008, amending Chapter 18. 

Ordinance No. 3776, adopted March 18, 2008, amending Chapter 45. 

Ordinance No. 3774, adopted March 18,2008, amending Articles VII and IX of the Zoning Ordinance. 

Staff Contact(s): Frank Gray, Planning and Development Services General Manager, 480-312-2890, 

f~rav~scottsdaleaz.~~~; Lusia Galav, Current Planning Director, 480-31 2-2506,lealav~.scottsdaleaz.~ov 

MOTION TO ADOPT ORDINANCE NO. 3789 AMENDING SCOTTSDALE REVISED CODE CHAPTER 18 AND ORDINANCE NO. 3790 

AMENDING SCOTTSDALE REVISED CODE CHAPTER 45; INITIATING TEXT AMENDMENT NO. 1 -TA-2008#2 TO ARTICLES 7 AND 9 OF 

THE ZONING ORDINANCE, INCLUDING HOLDING PUBLIC MEETINGS; REQUESTING THE ZONING ADMINISTRATOR PROVIDE 

DOCUMENTATION OF THE DECISION REGARDING RANCH USE PERMIT PROPERTY NOT BEING CONSIDERED COMMERCIAL AND, 

THEREFORE, NOT SUBJECT TO THE IMMEDIATE ENFORCEMENT AND IMPLEMENTATION PROVISIONS OF SB 1552; DOCUMENTATION 

THAT SPEED CONTROL IS AN AUTHORIZED DUST CONTROL MEASURE IN SCOTTSDALE AND THAT A 5 MPH POSTED SPEED LIMIT ON 

A PROPERTY IS AN ADEQUATE DUST CONTROL MEASURE; DIRECTING STAFF TO EXPLORE METHODS TO NOTIFY PROPERTY 

OWNERS OF THE NEED FOR DUST CONTROL REMEDIATION PRIOR TO FEDERAL MANDATED DEADLINES; AND DIRECTING 

INTERGOVERNMENTAL RELATIONS STAFF TO WORK AGGRESSIVELY WITH THE LEGISLATURE IN UPCOMING SESSIONS TO PURSUE 

DUST CONTROL ISSUES - OK - 611 (TN) 
Ordinance No. 3789 

Page 1 of 2 

ORDINANCE NO. 3789 

AN ORDINANCE OF THE COUNCIL OF THE ClTY OF SCOTSDALE, 

MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 18, PUBLIC 

NUISANCE AND PROPERTY MAINTENANCE, BY AMENDING SECTION 

18-2, DEFINITIONS AND SECTION 18-1 1, PRESERVATION OF RURAL 

RESIDENTIAL LIFESTYLE, TO ADDRESS RESIDENTIAL PROPERTIES 

WlTH ACCESS TO UNPAVED STREETS AND MARICOPA COUNTY AIR 

QUALITY REGULATIONS REGARDING LIVESTOCK ACTIVITIES. 

WHEREAS, on March 18, 2008, the Council of the City of Scottsdale passed 

amendments to Chapter 18, Public Nuisance and Property Maintenance, to comply with newly 

revised state law addressing.dust control; 

WHEREAS, the Council of the City of Scottsdale wishes to further amend Chapter 18, 

Public Nuisance and Property Maintenance, to address residential properties with access to 

unpaved streets and the Maricopa County Air Quality Regulations regarding livestock activities 

on residential properties; and 

WHEREAS, the City Council held a hearing on April 15, 2008 and considered the 

amendments; 

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Scottsdale, 

Arizona, that Chapter 18, Public Nuisance and Property Maintenance, be amended as follows: 

Section 1. Section 18-2, Definitions, is amended to charlge the definition of dust free 

surface to read as follows: 

(10) Dust free surface means an area 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 OR METHOD approved by the city. Dust 

free surface does not include areas of grass, lawn, compacted dirt or hard-packed dirt. 

Section 2. Section 18-2, Definitions, is amended to add the following definitions in 

alphabetical order, and to renumber the remaining definitions as appropriate: 

LIVESTOCK ACTlVlN AREAS MEANS AREAS DEVOTED TO ANY ACTIVITY DIRECTLY 

RELATED TO FEEDING ANIMALS, DISPLAYING ANIMALS, RACING ANIMALS, 

EXERCISING ANIMALS, AND/OR FOR.ANY OTHER SUCH ACTIVITY, INCLUDING, BUT 

NOT LIMITED TO, LIVESTOCK ARENAS, HORSE ARENAS, FEED LOTS, AND ACCESS. 

UNPAVED STREET MEANS A PUBLIC OR PRIVATE STREET THAT IS NOT PAVED OR 

TREATED BY THE ClTY WlTH DUST PALLIATIVES. 
* Ordinance No. 3789 

Page 2 of 2 

Section 3. Section 18-1 1, Preservation of rural residential lifestyle, is amended to read 

as follows: 

Sec. 18-1 1. Preservation of rural residential lifestyle. 

(a) The purpose of this section is to recognize that preservation of the western rural 

residential lifestyle in limited areas of the city promotes the health, safety, aesthetic and 

general welfare of the citizens of the city. 

(b) The property maintenance standards that require the owner andlor occupant of land to 

park or store a vehicle or watercraft only on a dust free surface set forth in subsection 

18-7(b) shall not apply to rural residential lifestyle land, except: 

(1) A condition that is a public nuisance as set forth in section 18-5 is prohibited, or 

(2) Surfaces for ingress, egress, parking and maneuvering that are greater than three 

thousand (3000) square feet, EXCLUSIVE OF LIVESTOCK ACTIVITY AREAS, 

must be dust free surfaces. 

(c) THE REQUIREMENTS IN SUBSECTION (6) ABOVE FOR INGRESS, EGRESS 

PARKING AND MANEUVERING AREAS SHALL NOT APPLY TO A 

RESIDENTIALLY-ZONED PROPERTY CONNECTING TO AN 1lNPAVED STREET AS 

ITS SOLE ACCESS. 

(60) The effective date for surfacing ingress, egress, parking and maneuvering areas greater 

than three thousand (3000) square feet is October 1, 2009. 

PASSED AND ADOPTED by the Council of the City of Scottsdale, Arizona, this 15'" day 

of April, 2008. 

AlTEST: /- 

CITY OF SCOlTSDALE, an Arizona 

municipal corporation 

By: By: 

Mayor 

APPROVED AS TO FORM: 

By: AAI 

Deborah W. Robberson 

City Attorney 
Ordinance No. 3790 

Page 1 of 2 

MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 46, PLANNING, 

DEVELOPMENT AND FEES, BY AMENDING SECTION 46-16, SCOPE, TO 

ADDRESS RESIDENTIAL PROPERTIES WITH ACCESS TO UNPAVED 

STREETS AND MARICOPA COUNTY AIR QUALITY REGULATIONS 

REGARDING LIVESTOCK ACTIVITIES. 

WHEREAS, on March 18, 2008, the Council of the City of Scottsdale passed 

amendments to Chapter 46, Planning, Development and Fees, to comply with newly revised 

state law addressing dust control; 

WHEREAS, the City Council wishes to further amend Chapter 46, Planning, 

Development and Fees, to address residential properties with access to unpaved streets and 

the Maricopa County Air Quality Regulations regarding livestock activities on residential 

properties; and 

WHEREAS, the City Council held a hearing on April 15, 2008 and considered the 

amendments; 

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Scottsdale, 

Arizona, that Chapter 46, Planning, Development and Fees, be amended as follows: 

Section 1. Section 46-16, Scope, is amended to read as follows: 

Sec. 46-16. Scope AND EXCLUSIONS. 

(A) All the following public and private parking, maneuvering, ingress and egress areas 

shall comply with the requirements of this article: 

(1) Parking, maneuvering, ingress and egress areas for industrial, commercial, and nonresidential uses. 

(2) Parking, maneuvering, ingress and egress areas for residential uses with more than 

four units. 

(3) Parking, maneuvering, ingress and egress areas for residential uses, with a total 

area of three thousand (3,000) square feet or greater, EXCLUSIVE OF LIVESTOCK ACTIVITY 

AREAS. 

(B) THE REQUIREMENTS IN SECTION 46-1 7 FOR PARKING, MANEUVERING, 

INGRESS AND EGRESS AREAS SHALL NOT APPLY TO A RESIDENTIALLY-ZONED 

PROPERTY CONNECTING TO AN UNPAVED STREET AS ITS SOLE ACCESS. 

(C) FOR PURPOSES OF THIS ARTICLE: 

LIVESTOCK ACTIVIN AREAS MEANS AREAS DEVOTED TO ANY ACTIVITY DIRECTLY 

RELATED TO FEEDING ANIMALS, DISPLAYING ANIMALS, RACING ANIMALS, 

EXERCISING ANIMALS, AND/OR FOR ANY OTHER SUCH ACTIVITY, INCLUDING, BUT 

NOT LIMITED TO, LIVESTOCK ARENAS, HORSE ARENAS, FEED LOTS, AND ACCESS. 
Ordinance No. 3790 

Page 2 of 2 

UNPAVED STREET MEANS A PUBLlC OR PRIVATE STREET THAT IS NOT PAVED OR 

TREATED BY THE CITY WlTH DUST PALLIATIVES. 

Section 2. Section 46-17, Surfacing and drainage, is amended to read as follows: 

Sec. 46-17. Surfacing and effective dates. 

(a) Parking, maneuvering, ingress and egress areas shall be surfaced with materials OR 

TREATED WlTH METHODS approved by the city. All construction standards, materials and 

methods shall be in compliance with the Design Standards and Policies Manual. 

(b) The effective dates for the improvement standards set forth in subsection (a) of this 

section shall be: 

(1) October 1, 2008 for parking, maneuvering, ingress and egress areas for industrial, 

commercial, and non-residential uses, and residential uses with more than four units; 

and 

(2) October 1, 2009 for parking, maneuvering, ingress and egress areas for residential 

uses, with a total area of three thousand (3,000) square feet or greater, EXCLUSIVE OF 

LIVESTOCK ACTIVITY AREAS. 

PASSED AND ADOPTED by the Council of the City of Scottsdale, Arizona, this 1 5m day 

of April, 2008. 

CITY OF SCOlTSDALE, an Arizona 

municipal corporation 

By: By: 

Ma j Manro& 

City Clerk Mayor 

APPROVED AS TO FORM: 

Deborah W. Robberson 

City Attorney