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ORDINANCE NO. 6018
AN ORDINANCE AMENDING SECTION 11-3-2, OFFICIAL ZONING DISTRICT
MAP AND DISTRICT BOUNDARIES, OF THE MESA CITY CODE, CHANGING
THE ZONING OF CERTAIN PROPERTY DESCRIBED IN ZONING CASE ZON25-
00635 LOCATED AT THE NORTHEAST CORNER OF EAST BROWN ROAD AND
NORTH
32ND
STREET
(40±
ACRES).
REZONE
40+
ACRES
FROM
AGRICULTURAL (AG) TO SINGLE RESIDENCE-15 WITH A PLANNED AREA
DEVELOPMENT OVERLAY (RS-15-PAD) AND PROVIDING PENALTIES FOR
THE VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MESA:
Section 1: That Section 11-3-2, Official Zoning Map and District Boundaries, of the Mesa Zoning
Ordinance is hereby amended by adopting the Official Supplementary Zoning Map for Zoning Case
ZON25-00635 signed by the Mayor and City Clerk, which accompanies and is annexed to this ordinance
and declared a part hereof.
Section 2: The Official Supplementary Zoning Map attached hereto is adopted subject to compliance
with the following conditions:
1. Submit revised plans, including the Preliminary Plat, to be in conformance with the 1.24 dwelling
unit per acre density of the RS-35 zoning district within 60 days of City Council approval and
adoption of this ordinance.
2. Compliance with the final site plan, landscape plan, and documents as submitted.
3. Prior to the issuance of any building permit, obtain approval of a Preliminary Plat and obtain
approval of and record a Final Plat.
4. Prior to the issuance of any building permit, obtain product approval through an Administrative
Review.
5. During the building permit process, landscaping on the individual lots will be reviewed.
6. Compliance with all applicable City development codes and regulations.
7. Installation of all off-site improvements and street frontage landscaping during the first phase of
construction.
8. Compliance with all City development codes and regulations, except the modifications to the
development standards as approved with this PAD overlay as shown in the following table:
Development Standards
PAD Approved
Maximum Building Coverage - MZO
Table 11-5-3.A.1
50%
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Development Standards
PAD Approved
Maximum Height – MZO Table 11-5-
3.A.1
Restrict lots 40-47 to be single story for
the primary unit.
Fences and Freestanding Walls –
Section 11-30-4(A)(1)(b) –
Side and rear yards, no fence or
freestanding wall within or along the
exterior boundary of the required side
or rear yards shall exceed a height of 7
feet.
Fences and Freestanding Walls –
Section 11-30-4(E)
The maximum length of continuous,
unbroken and uninterrupted fence or
wall place adjacent to right-of-way or
private streets functioning as public
roads shall be forty feet. Articulation
shall be provided through a
combination of variation in wall type,
wall height, and wall projections,
including trellises.
Detached Accessory Buildings or
Structures – Section 11-30-
17(B)(2)(e)(ii) – Building Setback
For lots not adjacent to Brown Road,
detached buildings or structures over
15 feet in height at the peak of the roof
shall maintain a 15-foot rear setback.
For lots adjacent to Brown Road,
detached buildings or structures over
15 feet in height at the peak of the roof
shall maintain a 30-foot rear setback.
Minimum Dimension for Residential
Enclosed Garages – Section 11-32-
4(F)(2) - Depth
A double-car garage shall be at least 20
feet wide and 21 feet long.
9. Compliance with all requirements of Chapter 19 of the Zoning Ordinance including:
a. Owner must execute the City’s standard Avigation Easement and Release for Falcon Field
Airport prior to or concurrently with the recordation of the Final Plat or the issuance of a
building permit, whichever occurs first.
b. Due to the proximity to the Falcon Field Airport, any proposed permanent or temporary
structure, as required by the FAA, is subject to an FAA filing for review in conformance
with CFR Title 14 Part 77 (Form 7460) to determine any effect to navigable airspace and
air navigation facilities. A completed form with a response by the FAA must accompany
any building permit application for structures(s) on the property.
c. Prior to the issuance of any building permit, provide documentation by a registered
professional engineer or registered professional architect demonstrating compliance with
the noise level reductions required in Section 11-19-5 of the Mesa Zoning Ordinance.
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d. Provide written notice to future property owners that the project is within three miles of
Falcon Field Airport.
e. All Final Plats must include a disclosure notice in accordance with Section 11-19-5(C) of
the Zoning Ordinance which must state in part: “This property, due to its proximity to
Falcon Field Airport, will experience aircraft overflights, which are expected to generate
noise levels that may be of concern to some individuals.”
Section 3: PENALTY.
CIVIL PENALTIES:
A. Any owner, occupant or responsible party who is found responsible for a civil violation of this
Ordinance, whether by admission, default, or after a hearing, shall pay a civil sanction of not less
than $150 or more than $1,500, per citation. A second finding of responsibility within 24 months of
the commission of a prior violation of this Ordinance shall result in a civil sanction of not less than
$250 or more than $2,500. A third finding of responsibility within 36 months of the commission of
a prior violation of this Ordinance shall result in a civil sanction of not less than $500 or more than
$2,500. In addition to the civil sanction, the responsible party shall pay the applicable fees and
charges set forth in the City’s Development and Sustainability Department (Code Compliance)
Schedule of Fees and Charges, and may be ordered to pay any other applicable fees and charges.
B. The 36 month provision described above of this Section shall be calculated by the dates the
violations were committed. The owner, occupant, or responsible party shall receive the enhanced
sanction upon a finding of responsibility for any violation of this Chapter that was committed within
36 months of the commission of another violation for which the owner or responsible party was
convicted or was otherwise found responsible, irrespective of the order in which the violations
occurred or whether the prior violation was civil or criminal.
C. Each day in which a violation of this Ordinance continues, or the failure to perform any act or duty
required by this Ordinance or by the Civil Hearing Officer continues, shall constitute a separate civil
offense.
HABITUAL OFFENDER:
A. A person who commits a violation of this Ordinance after previously having been found responsible
for committing three (3) or more civil violations of this Ordinance within a twenty-four (24) month
period – whether by admission, by payment of the fine, by default, or by judgment after hearing –
shall be guilty of a class 1 criminal misdemeanor. The Mesa City Prosecutor is authorized to file a
class 1 criminal misdemeanor complaint in the Mesa City Court against habitual offenders. For
purposes of calculating the twenty-four (24) month period under this Subsection, the dates of the
commission of the offenses are the determining factor.
B. Upon conviction of a violation of this Section, the Court may impose a sentence of incarceration not
to exceed six (6) months in jail; or a fine not to exceed two thousand five hundred dollars ($2,500.00),
exclusive of penalty assessments prescribed by law; or both such fine and imprisonment. The Court
shall order a person who has been convicted of a violation of this Section to pay a fine of not less
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than five hundred dollars ($500.00) for each count upon which a conviction has been obtained. A
judge shall not grant probation to or suspend any part or all of the imposition or execution of a
sentence required by this Subsection except on the condition that the person pay the mandatory
minimum fines as provided in this paragraph.
C. Every action or proceeding under this Section shall be commenced and prosecuted in accordance
with the laws of the State of Arizona relating to criminal misdemeanors and the Arizona Rules of
Criminal Procedure.
Passed and adopted by the City Council of the City of Mesa on June 1, 2026.
____________________________________
Mark Freeman, Mayor
ATTEST:
__________________________________
Holly Mosley, City Clerk