Section 658. Deer Valley Airport Overlay (DVAO) District.
A. Purpose. The Deer Valley Airport Overlay (DVAO) District is intended to protect the health, safety and welfare of persons and property in the vicinity of Deer Valley Airport (DVA) and to protect the long term viability of DVA as a general aviation facility by:
•Ensuring land use compatibility with airport operations.
•Protecting navigable airspace from physical encroachment.
•Requiring permanent notice of flight operations to property owners.
B. Applicability. This district applies to properties around the Deer Valley Airport within an area that, in general, is bounded by Happy Valley Road on the north, 29th and 31st Avenues on the west, Rose Garden Lane (and its alignment) on the south, and Cave Creek Road, the Central Arizona Project Canal, 16th Street and 20th Street alignment on the east. The district boundaries and related regulation areas are delineated on the City’s Official Supplementary Zoning Map No. 1116 adopted on November 29, 2006.
All new land uses or new development established after the effective date of this ordinance, February 14, 2007, are subject to the standards and procedures established herein. The requirements of the DVAO District do not apply to those land uses or developments that have received preliminary site plan approval or a building permit prior to the effective date of this ordinance. Except as provided in Section 658.C, land in the DVAO District may be used for all uses permitted in the underlying district in accordance with the standards and procedures established herein. The more restrictive regulation shall apply where there is conflict between the provisions of this ordinance and any other section of the City of Phoenix Zoning Ordinance.
C. Regulation Areas: The DVAO District is divided into three separate regulation areas. When a parcel falls partially into one or more of the regulation areas, the most restrictive regulation area shall apply to the entire parcel.
1. Prohibited uses, Area 1: No residential uses are permitted in the A-1 Zoning District; except that one dwelling unit, which may be a mobile home, may be maintained as an accessory use to an industrial or agricultural use for housing a watchman or caretaker employed on the premises.
2. Prohibited uses, Areas 2 and 3: Same as Area 1 and the following:
a. Adult day care home or center.
b. Assembly hall and auditorium.
c. Boarding house.
d. Church or similar place of worship; including parish houses, parsonages, rectories and convents, and dormitories (including all elements of such as defined in Section 608.E.21).
e. Community residence home or center.
h. Group home.
i. Gymnasium; private or commercial.
(j) Hospital.
(k) Motion picture theater.
(l) Nursery school.
(m) Nursing home.
(n) Public assembly uses limited to active recreational and spectator only.
(o) Residential uses in the C-1, C-2 or C-3 Zoning Districts; except that one dwelling unit may be maintained as an accessory use to a self-service storage warehouse for housing a watchman or caretaker employed on the premises.
(p) School, private.
3. Height restrictions: The underlying zoning shall establish the allowable height for a parcel in Areas 1 and 2 of the DVAO District. In Area 3, all structures and any parts of any structure, as well as any of the listed items in Section 701.B, are subject to the following height restrictions as shown in figure 1. Distances shown shall be measured horizontally from the centerline of 19th Avenue and 7th Street, respectively. All heights shall be measured from the existing natural grade of the site.
D. Avigation Notice Requirement: The property owner shall provide a copy of the recorded avigation notification to the Planning and Development Department when applying for a building permit. The avigation notification shall have been recorded upon the title of the parcel by the property owner and bear the seal of the Maricopa County Recorder’s Office. This notice requirement shall apply to the expansion of an existing building or new construction greater than 2,000 square feet.
The avigation notification shall be on a City approved template form that is available from the Planning and Development Department. The avigation notice will include the following information:
1. Disclosure language describing the operational characteristics of the airport, including flight training operations, and;
2. Reference to the availability of the approved Deer Valley Airport Master Plan for public review, and;
3. A complete legal description of the subject parcel, and;
4. A copy of the official airport disclosure map, as provided to the Arizona Department of Real Estate per A.R.S. § 28-8486, and;
5. A notation of the applicability of 49 U.S.C. § 401 and 14 C.F.R. § 91.119 (2005) to the operation of aircraft and that the airspace above the property is always subject to the public right of transit through navigable airspace, and;
6. That aircraft traffic and utilization of the airport is expected to increase over time. (Ord. No. G-4841, 2006; Ord. No. G-4867, 2007; Ord. No. G-6331, 2017; Ord. No. G-6451, 2018; Ord. No. G-7160, § 24, 2023)