ORDINANCE NO. 02008-01 

AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVE 

CREEK, MARICOPA COUNTY, ARIZONA, AMENDING SECTION 92, HEALTH AND 

SANITATION BY ADDING SECTION 92.20, AIR QUALITY AND FUGITIVE DUST, TO 

THE CAVE CREEK TOWN CODE; PROVIDING FOR SEVERABII-ITY; AND 

ESTABLISHING PENALTIES FOR VIOLATION. 

NOW THEREFORE, be it ordained by the Mayor and Town Council of the Town of 

Cave Creek, Arizona, as follows: 

Section 92 is hereby amended by adding Section 92.20, Air Quality and Fugitive Dust, 

as follows: 

AIR QUALITY AND FUGITIVE DUST 

Section 92.20.1 

Section 92.20.2 

Section 92.20.3 

Section 92.20.4 

Section 92.20.5 

Section 92.20.6 

Section 92.20.7 

Section 92.20.8 

Section 92.20.9 

Section 92.20.10 

Section 92.20.1 1 

PURPOSE 

DEFINITIONS 

ENFORCEMENT, VIOLATIONS AND PENALTIES 

VEHICLE PARKING AND USE ON VACANT LOTS 

OPERATION OF VEHICLES ON PUBLIC AND PRIVATE 

PROPERTY 

PARKING, MANEUVERING, INGRESS AND EGRESS 

LEAF BLOWER RESTRICTIONS 

VIOLATIONS DEEMED A PUBLIC NUISANCE 

REMEDIES NOT EXCLUSIVE 

COMPATIBILITY WITH OTHER REGULATIONS 

SEVERABILITY 
5 92.20.1. PURPOSE 

The purpose of this ordinance is to provide for the health, safety, and general welfare of 

the citizens of the Town of Cave Creek by improving air quality through the regulation of 

Fugitive Dust and PM-10 particles to the maximum extent practicable as required by 

federal and state law. The Town hereby finds and declares that this ordinance is not a 

land use law. The Town hereby finds and declares the objectives of this ordinance are: 

A. To regulate the contribution of Fugitive Dust and PM-I0 from any Town resident, 

developer or visitor; and 

B. To establish legal authority to implement all inspection, surveillance, monitoring, 

and enforcement procedures necessary for compliance with this ordinance; and 

C. To meet requirements imposed by state and federal law; and 

D. To limit or prohibit situations that could be recognized as public nuisances; and 

E. To allow for the protection of the public's health and safety, including, 

transportation or traffic control, health and sanitation and pollution control. 

5 92.20.2. DEFINITIONS 

For the purposes of this ordinance, the following shall mean: 

A. Area A means the part of the greater Phoenix metropolitan area where specific 

pollution control programs are in place for ozone, carbon monoxide, and 

particulate matter, as defined in Arizona Revised Statutes (ARS) 549-541(1). 

B. County Dust Control Permit means a perrr~it issued by Maricopa County 

evidencing that a dust generating operation has a satisfactory dust control plan in 

place approved by the Maricopa County Air Quality Department. 

C. Fugitive Dust means the particulate matter not collected by a capture system 

that is entrained in the ambient air and is caused from human andlor natural 

activities, such as, but not limited to, movement of soil, vehicles, equipment, 

blasting, and wind. For the purpose of this ordinance, fugitive dust does not 

include particulate matter emitted directly from the exhaust of motor vehicles and 

other internal combustion engines, from portable brazing, soldering, or welding 

equipment, or from piledrivers. 

D. Landscape Debris means debris generated or accumulated as a result of, or 

moved in the course of, landscape operations. Landscape debris includes, but is 

not limited to, grass clippings, leaves, branches, vegetative matter, rubbish, soil 

and rock. 

E. Leaf Blower means any device that generates a stream of air that is designed, 

or used, to move landscape debris. 
Off-Road Vehicle means a self-propelled device and its appurtenances, 

including, but not limited to, off-road or all-terrain equipment, trucks, cars, 

motorcycles, motorbikes, or motor buggies and excluding devices moved by 

human power or used exclusively on stationary rails or tracks and excluding 

motorized wheelchairs. 

PM-10 means the standard adopted by the Environmental Protection Agency that 

focuses on smaller particulates in the air that are likely responsible for adverse 

health effects because of their ability to reach the lower regions of the respiratory 

tract. The PM-10 standard includes particles with an aerodynamic diameter 

smaller than or equal to ten (10) microns (micrometers) as measured by the 

applicable state and federal reference test methods. 

Person means any individual, organization, public or private corporation or other 

entity recognized by law, company, partnership, firm, 'association or society of 

persons, the Federal Government and any of its departments or agencies, or the 

State and any of its departments or agencies, or political subdivisions. 

Public Roadway means any street, alley, road, highway or thoroughfare of any 

kind that is used by the public or that is open to the public as a matter of right, for 

the purpose of vehicular travel. 

Stabilized means a surface that has been stabilized with asphaltic concrete, 

cement concrete, penetration treatment of biturr~inous material and seal coat of 

bituminous binder and a mineral aggregate, suggested 2-inch minimum 

decomposed granite cover, suggested 2-inch minimum crushed granite cover, 

suggested 2-inch minimum aggregate cover, suggested 2-inch minimum gravel 

cover, or any combination of such stabilizing or other effective method. 

Town means the Town of Cave Creek, Arizona. 

Unstabilized means a surface that has not been stabilized. 

Vacant Lot means any of the following: 

1. An unsubdivided or undeveloped tract of land. 

2. A subdivided residential, industrial, institutional, governmental, or commercial 

lot that contains no approved or permitted buildings, structures, or uses of a 

temporary or permanent nature. 

3. A partially developed residential, industrial, institutional, governmental, or 

commercial lot. 

4. For the purpose of this ordinance, a vacant lot is not a public roadway. 

Vehicle means a self-propelled device and its appurtenances, excluding devices 

moved by human power or used exclusively on stationary rails or tracks. 
5 92.20.3. ENFORCEMENT, VIOLATIONS AND PENALTIES 

A. Responsibilitv for Administration 

1. The Enforcement Officer, acting through and designated by the Town 

Manager, shall administer the provisions of this ordinance involving air quality 

and fugitive dust. The Enforcement Officer is authorized with the 

responsibility to administer this ordinance by filing an enforcement action as a 

civil code infraction pursuant to Town Code, Chapter 31, § 31.28. 

2. The term "Enforcement Officer" means a person who is authorized by the 

Town Manager to administer the provisions of this ordinance and who has 

authority to enforce the Town of Cave Creek rules, regulations, resolutions 

and ordinances. 

B. Violations. Penalties of General Ap~licabilitv for Ordinance. Unless an 

alternative process or penalty is expressly indicated within this ordinance or the 

Town Code, any violation of this Section 92.20 shall constitute a civil code 

infraction subject to the provisions of 5 10.99 and § 31.28 of the Town Code. 

C. This Ordinance shall not apply during a period of public emergency as declared 

by the Town, state authorities or federal authorities or if the operation is directed 

by a peace officer or other public authority. 

D. Pursuant to A.R.S. §9-500.04(H), the requirements of Sections 92.20.4, 92.20.6 

and 92.20.7 of this ordinance do not apply to any site that has a permit issued by 

a control officer as defined in A.R.S. $49-471 for the control of fugitive dust from 

dust generating operations. 

5 92.20.4 VEHICLE PARKING AND USE ON VACANT LOTS 

A person shall not park or use a vehicle on an unstabilized vacant lot within the Town. 

This Section does not apply to sites that have been issued a County Dust Control 

Permit for the control of fugitive dust from dust generating operations. 

5 92.20.5 OPERATION OF VEHICLES ON PUBLIC AND PRIVATE PROPERTY 

A. A person shall not operate any vehicle, including off-road vehicles, on 

unstabilized public property that is not a public roadway or lawful easement, 

without lawful authority. Lawful authority shall consist of rules, regulations, or 

orders of a federal agency, this state, a county or municipality, which shall be 

made available to the public by any one of the following methods: 

1. A sign to designate the property islas open. Such sign shall be in compliance 

with the standard travel management sign protocol used by Southwest Land 

Management Agencies and shall at a minimum be conspicuously placed at all 

points of vehicular access and contain the following information: "Travel Must 

Remain On Designated Routes." Copies of the standard travel management 
sign protocol are available for review at the Maricopa County Air Quality 

Department, 1001 North Central Avenue, Phoenix, AZ, 85004; 

2. Orders of a government land management agency; and 

3. Most current maps approved by such government land management agency. 

B, A person shall not operate any vehicle, including off-road vehicles, on 

unstabilized private property that is not a private road, street or lawful easement 

and that is closed by the landowner by rule or regulation of a federal agency, this 

state, a county or a municipality or by a proper posting, without the consent of the 

lawful owner. Consent of the lawful owner consists of either or both of the 

following: 

1. A sign to designate the property islas open. Such sign shall be in compliance 

with the standard travel management sign protocol used by Southwest Land 

Management Agencies and shall at a minimum be conspicuously placed at all 

points of vehicular access and contain the following information: "Travel Must 

Remain On Designated Routes." Copies of the.standard travel management 

sign protocol are available for review at the Maricopa County Air Quality 

Department, 1001 North Central Avenue, Phoenix, AZ, 85004; 

2. Prior written permission which contains the following: 

(a) the name, address and telephone number of the person granting 

permission for the use of the property; 

(b) a description of the interest the person granting permission has in the 

property (i.e., property owner, lessee or agent); 

(c) if the person granting pem~ission is not the owner of the property, the 

written permission shall also contain the name, address and telephone 

number of the property owner; 

(d) specific period of time for which permission for the use of the property 

is being granted; and 

(e) The signature of the person granting permission for the use of the 

property. 

C. Whenever any person is stopped by an Enforcement Officer for a violation of 

Section 92.20.5 of ,this ordinance, helshe shall, upon the request of the 

Enforcement Officer identify or present the lawful authority or consent of the 

lawful owner required in this section. 

D. The property owner, person entitled to immediate possession of the property, or 

invitee who has lawful authority may operate such vehicles on the property if 

such use does not violate any other applicable laws. 
E. Exemption. This Section 92.20.5 shall not apply to the operation of vehicles used in 

the normal course of business, including the uses and maintenance permitted by the 

underlying zoning or the normal course of government operations, as long as such 

use does not violate any other applicable laws. 

F. Exemption. This Section 92.20.5 shall not apply to operations directed by utilities for 

operation, distribution, and transmission systems provided that both of the following 

conditions are satisfied: a) Operations are performed wi,th a marked company 

vehicle; and b) If operations are performed with a personal vehicle, then 

identification of the company shall be visible and readable by the public. 

G. As mandated by A.R.S. 39-500.27, a person who violates this Section 92.20.5 of 

the ordinance is guilty of a class 3 misdemeanor. 

H. As mandated by A.R.S. 39-500.27, if a person is deemed to have violated this 

Section 92.20.5, in addition to or in lieu of a fine, a judge may order the person to 

perform at least eight (8) but not more than twenty-four (24) hours of community 

restitution or to complete an approved safety course related to the off-highway 

operation of motor vehicles, or both. 

5 92.20.6 PARKING, MANEUVERING, INGRESS AND EGRESS 

A. Other than Residential. All persons who are owners, tenants or operators shall 

maintain parking, maneuvering, ingress and egress areas at developments other 

than residential buildings with four (4) or fewer units with one or more of the 

following stabilization methods: 

1. Asphaltic concrete; 

2. Cement concrete; 

3. Penetration treatment of bituminous material and seal coat of bituminous 

binder and a mineral aggregate; 

4. A stabilization method approved by the Town and consistent with this 

Ordinance. 

Pursuant to A.R.S. $9-500.04(A)(6), commencement of enforcement of this 

Section 92.20.6 (A) related to "Other than Residential" may commence on 

October 1, 2008. 

6. Residential. All persons who are owners, tenants or operators shall maintain 

parking, maneuvering, ingress and egress areas that are three thousand (3,000) 

square feet or more in size at residential buildings with four (4) or fewer units with 

a stabilization method authorized by the Town Code or permit and consistent 

with this Ordinance. 

Pursuant to A.R.S. 39-500.04(A)(7), commencement of enforcement of this 
Section 92.20.6 (B) related to "Residential" may commence on October 1, 2009. 

5 92.20.7 LEAF BLOWER RESTRICTIONS 

A. A person shall not operate a leaf blower in a manner that causes landscape 

debris to be blown into a public roadway. 

6. No person who is an employee or contractor of the Town shall operate a leaf 

blower on any high pollution advisory day forecast by the department of 

environmental quality, except while in vacuum mode. 

§ 92.20.8 VIOLATIONS DEEMED A PUBLIC NUISANCE 

In addition to the enforcement process and penalties provided herein, any condition 

caused or permitted to exist in violation of any of the provisions of this ordinance is a 

threat to p~~blic health, safety, and welfare, and is declared and deemed a nuisance, 

and may be summarily abated or restored at the violator's expense, andlor a civil action 

to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. 

§ 92.20.9 REMEDIES NOT EXCLUSIVE 

The remedies listed in this ordinance are not exclusive of any other remedies available 

under any applicable federal, state or local law and it is within the discretion of the Town 

to seek cumulative remedies. 

The Town may recover all attorneys' fees, court costs and other expenses associated 

with enforcement of this ordinance, including monitoring expenses. 

§ 92.20.10 COMPATIBILITY WITH OTHER REGULATIONS 

This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, 

or other provision of law. The requirements of this ordinance are in addition to the 

requirements of any other ordinance, rule, regulation, or other provision of law, and 

where any provision of this ordinance imposes restrictions different from those imposed 

by any other ordinance, rule, regulation or other provision of law, whichever provision is 

more restrictive or imposes higher protective standards of human health or the 

environment shall control. 

The provisions of this ordinance are hereby declared to be severable. If any provision, 

clause, sentence or paragraph of this ordinance or the application thereof to any 

person, establishment, or circumstances shall be held invalid, such invalidity shall not 

affect the other provision or application of this ordinance. 
PASSED AND DOPTED by the Mayor and Council of the Town of Cave Creek, 

Arizona, this -day of h~, ,2008. 

Mariscal, Weeks, Mclntyre & Friedlander, P.A. 

CERTIFICATION 

I, Carrie A. Dyrek, Town Clerk, certify that the foregoing is a tnJe copy of Ordinance No. 

02008-01, duly passed and adopted-by affirmative vote of the Town Council of Cave 

Creek at a meeting held on the Sk day of , 2008. Passage of this 

Ordinance appears in the rr~inutes of the meeting. The Ordinance has not been 

rescinded or modified and is now in effect. I further certify that the municipal 

corporation is duly organized and existing, and has the power to take the action called 

for by the Ordinance. 

n 

U:\AlTORNEYS\CLM\Cave Creek\PM-lO\Ordinance PM-10 CLM draft 02-07-08 v 03-28-08 REDLINE.doc 
DWELLING UNIT: A building or portion thereof containing cooking 

accommodations and designed or used exclusively for residential 

occupancy by a single housekeeping unit. 

FACTORY-BUILT BUILDING: A residential or nonresidential building 

including a dwelling unit or habitable room thereof which is either wholly 

or in substantial part manufactured at an off-site location to be assembled 

on-site, except for a manufactured home or recreation vehicle as defined 

by this Ordinance. A factory-built building shall be erected on a 

permanent foundation in accordance with the Uniform Building Code 

(UBC) as adopted by the Town. 

FLOOD PLAIN: The portion of a watercourse, outside of the stream 

channel but adjacent to it, which is described by the perimeter of the 

probable limiting flood. It is the land which is not covered by the stream 

at low or average flow but which has been flooded in the past or is likely 

to be flooded. 

FLOOD, REGULATORY: The 100-year ,flood with a peak discharge of 50 

cubic feet per second (cfs) , or greater, and which has a one percent 

(1%) chance of being equaled or exceeded in any given year. 

FLOODING, SHEET: A condition which occurs within those areas which 

are subject to flooding of about one (1) foot in depth, more or less, during 

the regulatory flood, and where a clearly-defined channel does not exist, 

so that the path of the flooding is often unpredictable and indeterminate. 

FLOW, SHEET: The shallow, diffuse runoff produced from rainfall on a 

large flat surface. It is characterized by approximately equal depth of 

runoff across a broad width of flow. 

FLOODWAY: The area along a watercourse which will allow passage of 

the regulatory flood without increasing flood elevations by more than one 

(I) foot after a hypothetical encroachment has been made into the 

floodway fringe. 

FLOODWAY FRINGE: The portion of the regulatory flood plain that lies 

outside the floodway. 

GARAGE, PRIVATE: A covered and completely enclosed building 

designed for the parking of motor vehicles. A.private garage is accessory 

to the principal structure. 

GARAGE, PUBLIC: A building or portion thereof, other than a private 

garage, designed or used for servicing, repairing, equipping, hiring, 

selling, or storing motor vehicles. 

GRADING: Any land excavation, land clearing, land filling, or disturbance 

of natural terrain and vegetation, or combination thereof. 

Article II: Rules And Definitions 9 
TOWN OF CAREFREE 

100 EASY STREET 

P.O. BOX 740 

CAREFREE, AFUZONA 85377 

(480) 488-3686 FAX (480) 488-3845 

STATE OF ARIZONA 

COUNTY OF MARICOPA ) 

I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of 

Carefree, County of Maricopa, State of Arizona, do hereby certify and attest the attached to 

be a true and correct copy of Town Of Carefree Zoning Ordinance loth Publication 

Article I11 Section 3.11 Zoning Clearance and Building Permit (5) through (6) , Article 

IX General Provisions 9.10 (5) through Section 9.10 Grading and Drainage (1) and 

Article I1 Rules and Definitions (32) through (42) all as appears of record in the office of 

the Town Clerk. 

IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of 

the Town of Carefree affixed hereunto this 29th day of April, 2008. 

Elizabeth Wise, Town Clerk 

cerification of copy of record 115-01-02 
TOWN OF CAREFREE 

100 EASY STREET 

P.O. BOX 740 

CAREFREE, ARIZONA 85377 

(480) 488-3686 FAX (480) 488-3845 

STATE OF ARLZONA 1 

COUNTY OF hfARICOPA ) 

I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of 

Carefree, County of Maricopa, State of Arizona, do hereby certify and attest the attached to 

be a true and correct copy of Town Of Carefree Code Of Ordinances Offenses Section 

6-2-4 G. through Section 6-2-6 Violations and Penalties A.2. all as appears of record in 

the office of the Town Clerk. 

IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of 

the Town of Carefree affixed hereunto this 29th day of April, 2008. 

Elizabeth Wise, Town Clerk 

cenfication of copy of record 1 15-01-02 

---..,-- - 

Section 7.06 Design Standards for Required Parking 

(1) For perpendicular parking, each space shall be at least nine (9) feet wide 

and twenty (20) feet deep with a rninimum aisle width of twenty-two (22) 

feet. 

(2) For other than perpendicular parking, the design shall be approved by the 

Zoning Administrator. 

(3) Except for single family dwellings, all parking areas shall be paved with one 

of the following methods: 

(A) Asphaltic concrete. 

(B) Cement concrete. 

(C) Stabilized decomposed granite. 

(D) Paving blocks. 

(E) O.lher paved surface as approved by the Development Review 

Board . 

(4) Driveways shall be designed so that access to a street is by forward motion. 

(5) For Commercial, Garden Office, and Multi-Family uses, except when a wall 

is required, a minimum six (6) inch high curb or bumper guard shall be 

utilized or employed so that no part of the vehicle shall extend over or 

beyond any property line. 

(6) For Commercial, Garden Office, and Multi-Family uses, required parking 

spaces shall be striped and the striping shall be maintained in good 

condition. 

(7) All Commercial, Garden Office, or Multi-Family uses shall screen off-street 

parking from view of any adjacent single family residential use by using 

landscaping and three (3) foot high earth berming andlor a three (3) foot 

high screen wall that blends into the bl-~ilding architecture as approved by 

the Development Review Board 

(8) All Commercial, Garden Office, or Muhi-Family uses shall contain a 

minimum eight (8) foot wide landscape area between off-street parking 

areas and abutting rights-of-ways. A minimum fifteen (1 5) foot wide 

landscape area shall be provided between off-street parking and abutting 

residential uses. 

ARTICLE VII: Parking 
TOWN OF CAREFREE 

100 EASY STREET 

P.O. BOX 740 

CAREFREE, ARIZONA 85377 

(480) 488-3686 FAX (480) 488-3845 

STATE OF ARIZONA 1 

1 

COUNTY OF MARICOPA ) 

I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of 

Carefree, County of Maricopa, State of Arizona, do hereby certify and attest the attached to 

be a true and correct copy of Town Of Carefree Zoning Ordinance loth Publication 

Section 7.06 Design Standards for Required Parking (1) through (8) all as appears of 

record in the office of the Town Clerk. 

IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of 

the Town of Carefree affixed hereunto this 29th day of April ,2008. 

Elizabeth Wise, Town Clerk 

cerification of copy of record 115-01-02 - 
Section 3.1 I Zoning Clearance and Building Permit 

(5) A zoning clearance and building permit for a principal use are required prior 

to starting any construction including any change to existing buildings, roads, 

driveways, or native plants and including grading or grubbing. 

(6) A zoning clearance may not be required for the repair or replacement of a 

roof or exterior finish depending upon the extent of the work involved. 

However, approval by the Zoning Administrator is required. 

Article Ill: Administration 
(5) Pool enclosl-~res shall meet the following requirements: 

(A) No pool enclosure (fence or solid masonry wall) shall be located 

more than fifty (50) percent (halfway) into any side or rear required 

yard (building setback). Pool enclosures are prohibited in any 

required front yard (building setback). 

(B) Pool areas shall be secured from outside access by a masonry 

wall, ornamental iron fence, or combination thereof not less than 

five (5) feet in height above finished grade measured on the side of 

the fence opposite the pool. 

(C) Access to the pool area, other than through the house, shall be 

through a self-closing, self-latching gate not less than five (5) feet in 

height as measured on the side of the fence opposite the pool. 

(D) Gate mounting and latching hardware shall be positioned on the 

pool side of the gate. 

(E) Accessory equipment such as pumps, heaters, and filters shall be 

enclosed by a solid wall at least four and one-half (4.5) feet in 

height to screen sound and sight from neighboring lots. 

(6) Private tennis court fences and walls are allowed only in the Rural-190, 

Rural-70, R-3 and Lodging zoning districts and shall meet the following 

requirements: 

(A) Private tennis court fences are not permitted in any required yard 

(building setback). 

(B) Private tennis court fences shall not exceed ten (10) feet in height. 

(C) Above the height of six (6) feet, the fencing shall consist of an open 

weave and not a corr~plete barrier that inhibits flow of air and 

visibility. 

(D) Private tennis court fences shall consist of a color which blends 

with the natural surrounding area. 

(7) Public utility fences or walls are exempt from the height limitations and 

standards of this Ordinance if necessary to comply with national, state, or 

local safety and security standards. 

Section 9.10 Grading and Drainage 

(1) There shall be no grading on or to any site other than percolation and test 

borings (1 00 square feet maximum in size) prior to rhe issuance of a Zoning 

Clearance and a Building Permit. 

Article IX: General Provisions 
Attachment B 
TOWN OF CAREFREE 

100 EASY STREET 

P.O. BOX 740 

CAREFREE, ARIZONA 85377 

(480) 488-3686 FAX (480) 488-3845 

STATE OF ARIZOlVA 1 

COUNTY OF MARICOPA ) 

I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of 

Carefkee, County of Maricopa, State of Arizona, do hereby certify and attest the attached to 

be a true and correct copy of Ordinance 2006-02 all as appears of record in the office of 

the Town Clerk. 

IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of 

the Town of Carefree affixed hereunto this 29th day of April ,2008. 

Elizabeth Wise, Town Clerk 

(SEAL) 

cerification of copy of recol.d I 15-01 -02 
Attachment C 
NATURAL GRADE 

YES 

Figure 9.5: Example of appropriate cut and fill ratio. 

(D) All cut and fill shall be constructed in a way to ensure they are nonerosive. 

(8) All retentionldetention basins shall consist of vertically and horizontally 

und~~lating banks with side slopes having less than a 4 to 1 ratio. 

(9) Floodplain(s) containing a 24 hour, 100-year storm event discharge of 50 

cubic feet per second or greater shall be delineated on all development plans 

and shall illustrate appropriate erosion setbacks. 

Section 9. I I Driveways 

(1) The paved width of the driveway at the street shall be sixteen (16) feet then 

diminish to twelve (12) feet unless otherwise approved by the Zoning 

Administrator. 

(2) Driveways with a ten (10%) percent slope or greater shall have a paved 

width of fourteen (14) feet. Driveways with a fifteen (15) percent slope or 

greater shall have a minimum paved width as required by the Development 

Review Board and/or the Town's fire service provider. The maximum slope 

of any driveway shall not exceed fifteen (15) percent unless otherwise 

approved by the Development Review Board and the Town's fire service 

provider. 

(3) The width of the disturbed area for the development of a driveway shall not 

exceed twenty (20) feet unless otherwise approved by the Zoning 

Administrator. 

(4) A maximum one-third of the cross section width of a driveway at any point 

may be on fill material, and a minimum of two-thirds of the cross section 

width shall be on cut material or natural grade, unless otherwise approved by 

the Zoning Administrator. Spill slopes are prohibited. 

Article IX: General Provisions 84 
Attachment D 

Town of Carefree 

Zoning Ordinance 

(The 2004 Amended Zoning Ordinance) 

, , 

,. . 3. . . . 

L 1, 

' " . . 

. . . 

10th Publication 

Amended Ordinance #2005- 03 

Adopted: June 7, 2005 - Effective: July 7, 2005 

Amended Ordinance #2005-05 

Adopted: July 5, 2005 - Effective: August 7, 2005 .-.- 

Amended Ordinance #2006-05 

Adopted: June 6, 2006 - Effective: July 6, 2006 

Amended Ordinance #2007-05 

Adopted: August 7, 2007 - Effective: September 6, 2007 

-- - - - - 
TOWN OF CAREFREE 

100 EASY STREET 

P.O. BOX 740 

CAREFREE, ARIZONA 85377 

(480) 488-3686 FAX (480) 488-3845 

STATE OF ARIZONA 1 

1 

COUNTY OF MARICOPA ) 

I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of 

Carefree, County of Maricopa, State of Arizona, do hereby certify and attest the attached to 

be a true and correct copy of Town Of Carefree Zoning Ordinance loth Publication 

Article IX General Provisions 9.10 (7) (D) through Section 9.11 Driveways (1) through 

(4) all as appears of record in the office of the Town Clerk. 

IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of 

the Town of Carefree affixed hereunto this 29th day of April, 2008. 

Elizabeth Wise, Town Clerk 

(SEAL) 

cerification of copy of record 115-01-02 
Attachment E 

CAREFREE, ARIZONA 

CODE OF ORDINANCES 

Contains 2008 S-2 Supplement, 

current through Ordinance 2008-01, passed 1-8-2008 

AMERICAN LEGAL PUBLISHING CORPORATION 

432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 
OFFENSES 

G. In lieu of or in addition to pursuing criminal prosecution for any violation of any of the 

provisions of this Section 6-2-4, the town may issue a civil citation for any violation of any 

of the provisions of this Section 6-2-4 and may bring civil proceedings in a court of competent 

jurisdiction to seek imposition of civil sanctions and to enforce compliance with this Section 

6-2-4 including prevention, restraining andlor abatement of the violation(s). Use of the civil 

citation alternative is not mandatory and shall be at the discretion of the town official 

undertaking enforcement action. 

H. Any violation of any of the provisions of this Section 6-2-4 is declared to be a public nuisance 

and the town may enjoin or restrain said violation like any other nuisance under authority of 

any applicable town or State law. 

Section 6-2-5 All Terrain vehicles* 

A. No person shall operate an all terrain vehicle in such a manner as to be injurious to health by 

reason of excessive dust or noise and so as to interfere with the comfortable enjoyment of life 

and property by persons in the vicinity of such vehicle's operations. 

B. It shall be 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 propelled 

by an internal combustion engine, upon the private property of another or upon public property 

which is not held open to the public for vehicle use, without the written permission of the 

owner thereof or the person entitled to immediate possession thereof, or the authorized agent 

of either. Whenever any person is stopped by a police officer of the town for violation of this 

subsection, helshe shall, upon request of the police officer, display written permission. 

Section 6-2-6 Violations and Penaltiest* 

A. Any person or owner and/or operator of a motor vehicle, including a motorcycle, found to be 

in violation of any section of this Article 6-2, shall be deemed responsible/guilty as follows: 

1. A first offense shall be deemed a civil infraction, punishable by a fine of not more than 

one hundred seventy-five dollars ($175.00). 

2. A second offense committed within twelve (12) months shall be deemed a civil 

infraction, punishable by a fine of not more than three hundred fifty dollars ($350.00). 

ALP 2/08 S-2 64 

*ordinances 86-02, 86-04 and 02-07 

**Modified by Ordinances 0 1-01 and 02- 14 
Section 7.06 Design Standards for Required Parking 

(1) For perpendicl-~lar parking, each space shall be at least nine (9) feet wide 

and twenty (20) feet deep with a minimum aisle width of twenty-two (22) 

feet. 

(2) For other than perpendicular parking, the design shall be approved by the 

Zoning Administrator. 

(3) Except for single family dwellings, all parking areas shall be paved with one 

of the following methods: 

(A) Asphaltic concrete 

(B) Cement concrete. 

(C) Stabilized decomposed granite. 

(D) Paving blocks. 

(E) Other paved surface as approved by the Development Review 

Board. 

(4) Driveways shall be designed so that access to a street is by forward motion. 

(5) For Con-~mercial, Garden Office, and Multi-Family uses, except when a wall 

is required, a minimum six (6) inch high curb or bumper guard shall be 

utilized or employed so that no part of the vehicle shall extend over or 

beyond any property line. 

(6) For Commercial, Garden Office, and Multi-Family uses, required parking 

spaces shall be striped and the striping shall be maintained in good 

condition. 

(7) All Commercial, Garden Office, or Multi-Family uses shall screen off-street 

parking from view of any adjacent single family residential use by using 

landscaping and three (3) foot high earth berming andlor a three (3) foot 

high screen wall that blends into the building architecture as approved by 

the Development Review Board 

(8) All Commercial, Garden Office, or Multi-Family uses shall contain a 

mir~imum eight (8) foot wide landscape area between off-street parking 

areas and abutting rights-of-ways. A minimum fifteen (1 5) foot wide 

landscape area shall be provided between off-street parking and abutting 

residential uses. 

ARTICLE VII: Parking 
TOWN OF CAREFREE 

100 EASY STREET 

P.O. BOX 740 

CAREFREE, ARIZONA 85377 

(480) 488-3686 FAX (480) 488-3845 

STATE OF ARIZONA ) 

) 

COUNTY OF MARICOPA ) 

I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of 

Carefree, County of Maricopa, State of Arizona, do hereby certify and attest the attached to 

be a true and correct copy of Town Of Carefree Zoning Ordinance loth Publication 

Section 7.06 Design Standards for Required Parking (1) through (8) all as appears of 

record in the office of the Town Clerk. 

IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of 

the Town of Carefree affixed hereunto this 29th day of April ,2008. 

Elizabeth Wise, Town Clerk 

(SEAL) 

cerification of copy of record 1 15-01-02 -