### 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 BYADDING 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 Section92.20, Air Quality and Fugitive Dust, asfollows:

AIR QUALITY AND FUGITIVEDUST Section 92.20.1 

### Section 92.20.2 

### Section 92.20.3 

### Section 92.20.4 

### Section 92.20.5 

### Section92.20.6 

### Section92.20.7 

### Section92.20.8 

### Section 92.20.9 

### Section 92.20.10 

### Section 92.20.11 

### PURPOSE DEFINITIONS ENFORCEMENT,VIOLATIONSAND PENALTIES VEHICLE PARKINGAND USE ONVACANT LOTS OPERATION OF VEHICLES ON PUBLIC AND PRIVATE PROPERTY PARKING, MANEUVERING, INGRESSAND EGRESS LEAF BLOWER RESTRICTIONS VIOLATIONS DEEMED A PUBLIC NUISANCE REMEDIES NOT EXCLUSIVE COMPATIBILITYWITH OTHER REGULATIONS SEVERABILITY

## 5 92.20.1. PURPOSE 

### The purpose of this ordinance isto provide for the health, safety, and generalwelfare of the citizens of the Town of Cave Creek by improvingair qualitythrough the regulationof Fugitive Dust and PM-10 particles to the maximum extent practicable as required by federal and state law. The Town hereby finds and declaresthat this ordinance is not a land use law. The Town herebyfinds and declaresthe objectives of thisordinance are: A. To regulate the contribution of Fugitive Dust and PM-I0 from any Town resident, developer orvisitor; and B. To establish legal authority to implement all inspection, surveillance, monitoring, and enforcement proceduresnecessaryfor compliancewiththis 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, healthand sanitationand 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 metropolitanarea where specific pollution control programs are in place for ozone, carbon monoxide, and particulatematter, as defined inArizona Revised Statutes (ARS) 549-541(1). 

### B. County Dust Control Permit 

### means a perrr~itissued by Maricopa County evidencingthat a dust generatingoperationhas a satisfactory dust control plan in place approved bythe Maricopa CountyAir 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 inthe courseof, landscapeoperations. Landscapedebris 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 motorizedwheelchairs. PM-10meansthe 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 abilityto reachthe 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 andfederal referencetest methods. Person means any individual,organization, public or private corporationor other entity recognized by law, company, partnership, firm, 'association or society of persons, the FederalGovernment and any of its departmentsor agencies, or the State and any of its departmentsor agencies, or politicalsubdivisions. Public Roadway means any street, alley, road, highway or thoroughfare of any kindthat is used bythe public or that is open to the public as a matterof right, for the purpose ofvehicular 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 ofthe 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. 

### Forthe 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 poweror used exclusively onstationary rails or tracks.

## 5 92.20.3. 

### ENFORCEMENT, VIOLATIONS AND PENALTIES A. Responsibilitvfor Administration 1. The Enforcement Officer, acting through and designated by the Town Manager, shall administer the provisionsof this ordinance involving air quality and fugitive dust. The Enforcement Officer is authorized with the responsibilityto administerthis ordinance by filing an enforcementaction as a civil code infraction pursuantto 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~licabilitvfor 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 infractionsubjectto the provisionsof 

## 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 ofthis 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 PARKINGAND USE ON VACANT LOTS A person shall not park or use a vehicle on an unstabilizedvacant 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 dustfrom dust generatingoperations. 

## 5 92.20.5 

### OPERATIONOF VEHICLES ON PUBLICAND 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 availableto 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 ManagementAgencies and shall at a minimum be conspicuously placed at all points of vehicular access and containthe following information: "Travel Must RemainOn Designated Routes." Copies of the standard travel management

### sign protocol are available for review at the Maricopa County Air Quality Department, 1001 NorthCentralAvenue, 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 bythe landowner by rule or regulation of a federal agency, this state, a county or a municipalityor 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 signto designatethe property islas open. Such sign shall be in compliance with the standard travel management sign protocol used by Southwest Land ManagementAgencies 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 CentralAvenue, Phoenix, 

### AZ, 85004; 2. Prior written permission which contains the following: (a)the name, address and telephone number of the person granting permissionfor the use of the property; (b) a description of the interest the person granting permission has in the property (i.e., propertyowner, 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 propertyowner; (d)specific period of time for which permissionfor 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 courseof business, includingthe uses and maintenancepermitted bythe 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 bythe public. 

### G. As mandated byA.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, inadditionto or in lieu of a fine, ajudge may orderthe 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, INGRESSAND 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 binderand 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 insize at residential buildingswithfour (4) orfewer unitswith 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) relatedto "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, exceptwhile invacuum 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 inthis ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretionof 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 monitoringexpenses.

§ 

### 92.20.10 

### COMPATIBILITYWITH 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 provisionof 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 declaredto 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 provisionor applicationof 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, certifythat the foregoing is a tnJe copy of Ordinance No. 02008-01, duly passed and adopted-byaffirmative vote of the Town Council of Cave Creek at a meeting held on the 

# Skday 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 bythe Ordinance. n

U:\AlTORNEYS\CLM\Cave Creek\PM-lO\OrdinancePM-10 CLMdraft 02-07-08 v 03-28-08 REDLINE.docDWELLING 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 beerected 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 beenflooded in the past or is likely to be flooded. FLOOD, REGULATORY: The 100-year ,floodwith 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 broadwidth of flow. FLOODWAY: The area along a watercourse which will allow passageof the regulatory flood without increasingflood 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 outsidethe 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 motorvehicles. GRADING: Any land excavation, land clearing, land filling, or disturbance of natural terrain and vegetation, or combinationthereof.

Article II: RulesAnd Definitions 9

# TOWN 

# OF CAREFREE 100 EASY STREET P.O. BOX 740 CAREFREE,AFUZONA 85377 (480) 488-3686 FAX (480)488-3845

STATE OFARIZONA

COUNTY OFMARICOPA )



### I,Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of Carefree, County ofMaricopa, State of Arizona, do hereby certify and attest the attachedto be atrue 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 ofrecord in the officeof the Town Clerk. 

### IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of theTown of Carefree affixed hereunto this 29th day ofApril, 2008.

Elizabeth Wise, Town Clerk

cerification of copy ofrecord 115-01-02

# TOWN OF 

# CAREFREE 100EASY STREET P.O. BOX 740 CAREFREE,ARIZONA 85377 (480) 488-3686 FAX (480) 488-3845

STATE OF ARLZONA 

## 1

COUNTY OFhfARICOPA )

I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of Carefree, County ofMaricopa, State of Arizona, do hereby certify and attest the attached to be atrue 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 ofrecord in the office ofthe Town Clerk. IN WITNESS WHEREOF, I hereunto set myhand and caused the official seal of the Town ofCarefree affixed hereunto this 29th day ofApril, 2008.

Elizabeth Wise, Town Clerk

cenfication of copy ofrecord 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.lherpaved 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 100EASY STREET P.O. BOX 740 CAREFREE,ARIZONA 85377 (480) 488-3686 FAX (480) 488-3845

STATE OFARIZONA 

## 1 

## 1 COUNTY OFMARICOPA )



### I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of Carefree, County ofMaricopa, State of Arizona, do hereby certify and attest the attached to be atrue and correct copy of Town Of Carefree Zoning Ordinance 

### loth Publication Section 7.06Design Standardsfor Required Parking (1) through (8) all as appears of record in the office ofthe Town Clerk. 

### INWITNESS WHEREOF, I hereunto setmyhand and caused the official seal of the Town ofCarefree affixed hereunto this 29th day of April ,2008.

Elizabeth Wise, Town Clerk

cerification of copy ofrecord 115-01-02 

### -

### Section 

### 3.1 

### IZoning 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 requiredfor the repair or replacement of a roof or exterior finish depending uponthe 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 morethan fifty (50) percent (halfway) into any side or rear required yard (building setback). Pool enclosures are prohibited inany requiredfront yard (building setback). (B) Pool areas shall be secured from outside access by a masonry wall, ornamental iron fence, or combinationthereof 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~pletebarrier 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 (100 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 100EASY STREET P.O. BOX 740 CAREFREE,ARIZONA 85377 (480) 488-3686 FAX (480) 488-3845

STATE OFARIZOlVA 

## 1

COUNTY OFMARICOPA )


### I, Elizabeth Wise, the duly appointed, qualified and actingTown Clerk ofthe Town of Carefkee,County ofMaricopa, State ofArizona, do hereby certify and attest the attached to be atrue and correct copy of Ordinance 2006-02 all as appears ofrecord in the office of the Town Clerk. 

### IN WITNESS WHEREOF, Ihereunto setmy hand and caused the official seal of the Town of Carefree affixed hereunto this 29th day of April ,2008.

Elizabeth Wise, Town Clerk
(SEAL)

cerificationofcopy ofrecol.d I 15-01 -02Attachment CNATURAL GRADE



# YES
Figure 9.5: Example of appropriate cut and fill ratio. (D) All cut and fill shall beconstructed 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 84Attachment 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 OFARIZONA 

## 1 1 COUNTY OFMARICOPA )



### I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk ofthe Town of Carefree, County ofMaricopa, State of Arizona, do hereby certify and attest the attached to be atrue 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 ofrecord in the office ofthe Town Clerk. IN WITNESS WHEREOF, Ihereunto set myhand and caused the official seal of the Town of Carefree affixed hereunto this 29th day ofApril, 2008.

Elizabeth Wise, Town Clerk
(SEAL)

cerification of copy of record 115-01-02Attachment 

### 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 ofthis Section 6-2-4, thetown may issue a civil citation for any violation of any oftheprovisions ofthis Section6-2-4 andmaybringcivil proceedings in a courtofcompetent jurisdiction to seekimposition of civil sanctions and to enforce compliancewith this Section 6-2-4 including prevention, restraining andlor abatement ofthe violation(s). Use ofthe civil citation alternative is not mandatory and shall be at the discretion of the town official undertaking enforcement action.


### H. Any violation ofany ofthe provisions ofthis Section 6-2-4 isdeclaredtobe apublic 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 Terrainvehicles*
A. No person shall operate an all terrain vehicle in such amanner as to be injurious to health by reason ofexcessive dustor noise and soasto interferewiththe comfortable enjoymentoflife and property by persons in the vicinity of such vehicle's operations.


### B. It shallbeunlawful for anypersonto operate ordrive or leave anymotor vehicle, motorcycle, mini-bike, trailbike, dunebuggy,motor scooter,jeep orotherformoftransportationpropelled by

### aninternalcombustionengine,uponthe private propertyofanotherorupon publicproperty which is not held open to the public for vehicle use, without the written permission of the ownerthereof ortheperson entitledto immediatepossession thereof, orthe authorized agent ofeither. Whenever anyperson is stoppedby apolice officer ofthetownfor violation ofthis subsection, helshe shall, upon request ofthe police officer, display written permission.

Section 6-2-6 Violations andPenaltiest* 

### A. Anyperson or ownerand/or operator of amotor vehicle,including amotorcycle,foundto be inviolation of any section of this Article 6-2, shallbe deemed responsible/guilty asfollows: 

### 1. A first offense shallbe deemed a civil infraction,punishableby afine ofnotmorethan one hundred seventy-five dollars ($175.00).
2. A second offense committed within twelve (12) months shall be deemed a civil infraction, punishable by afine ofnot more thanthree hundred 

### fiftydollars ($350.00).



### ALP 2/08 S-2 64

*ordinances86-02, 86-04 and 02-07 **Modified by Ordinances 01-01and 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) Exceptfor single family dwellings, all parking areas shall be pavedwith one of the following methods:

(A) Asphaltic concrete (B) Cement concrete. (C) Stabilized decomposed granite. (D) Paving blocks. (E) Other paved surface as approved bythe Development Review Board. (4) Driveways shall be designed so that access to a street is byforward 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 

### (15) foot wide landscape area shall be provided between off-street parking and abutting residential uses.

ARTICLE VII: Parking

# TOWN OF 

# CAREFREE 100EASY STREET P.O. BOX 740 CAREFREE,ARIZONA 85377 (480) 488-3686 FAX (480) 488-3845

STATE OFARIZONA ) ) COUNTY OFMARICOPA )



### I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk ofthe Town of Carefree, County ofMaricopa, State ofArizona, do hereby certify and attest the attachedto be a true and correct copy of Town Of Carefree Zoning Ordinance

## loth Publication Section 7.06 Design Standards forRequired Parking (1) through 

### (8) all as appears of record in the office of the Town Clerk. IN WITNESS WHEREOF, I hereunto set myhand and caused the official seal of the Town ofCarefree affixed hereunto this 29th day ofApril ,2008.

Elizabeth Wise, Town Clerk

(SEAL)

cerification of copy ofrecord 1 15-01-02 

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