06 - GENERAL DISTRICT REQUIREMENTS
The following provisions shall apply to all districts, and no property shall be used and no building shall be constructed, altered, placed or used except in conformity with this chapter and this shall include any change to a nonconforming use.
(Ord. 2018-24, § 1, 11-20-2018; Ord. 97-900 § 1: prior code § 13.3.1)
A.
All lots as defined by 17.04.440 of this title, within the incorporated area of the city, to include all structures as defined by 17.04.680 of this title, shall at all times comply with the rules and regulations as set forth in Section 15.54.040 of the City Code.
(Ord. No. 2017-09, § 1, 8-15-2017)
On a corner lot in any zone, no planting, fence, wall, building or other obstruction to vision more than three feet in height shall be placed or maintained within the triangular area bounded on two sides by front lot lines, and on the third side by a straight line connecting points on said lot lines (or their projections) each of which points is twenty-five feet from the point of intersection of said lot lines.
(Ord. 97-900 § 3; prior code § 13.3.3)
A.
The purpose of the site plan requirements is to provide detailed review where new developments may occur and to minimize land use conflicts and to prevent incompatible uses.
B.
No permit shall be issued for any new development in any zoning district until the proposed site plan has been first approved by the development services director or his/her designee.
C.
The owner or owners of property proposed for development shall submit a site plan indicating precisely what is planned for the property and shall include the information set forth below:
1.
Lot dimensions;
2.
All buildings and structures existing and proposed (including dimensions);
3.
Yards and spaces between buildings;
4.
Landscaping and screening as required by Chapter 17.48;
5.
Off-street parking as required by Chapter 17.44;
6.
Vehicular, pedestrian and service access;
7.
Signs and lighting, including location;
8.
Outdoor storage and activities;
9.
Location and name of adjacent rights-of-way;
10.
Specific site grading information and status within any designated flood area;
11.
Other data as may assist in determining the effect of the development on surrounding property.
(Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 97-900 § 4: prior code § 13.3.4)
Where two or more lots are used as a building site and where main buildings cross lot lines, then the entire area shall be considered as one lot, except that the front of the parcel shall be determined to be the front of the individual lots as platted, subdivided or laid out. The assessor parcel numbers of must be combined by the property owner with the assessor prior to the issuance of a certificate of occupancy, certificate of compliance or final inspection, as may be applicable.
(Ord. No. 2011-4, § 1, 4-19-2011; Ord. 97-900, § 5; prior code, § 13.3.5)
Upon application for a permit to erect, construct, enlarge, or improve any building or structure or to install any manufactured, mobile or modular home, it shall be determined whether said application for permit is for a lot or parcel included within an area of special flood hazard. If it is determined that said application for permit is within an area of special flood hazard, the floodplain regulations set forth in Chapter 15.36 shall be complied with and made a condition of any approvals.
(Ord. 97-900 § 6: prior code § 13.3.6)
A.
This section shall apply to all buildings, grounds, lots or premises within the city of Bullhead City without regard to use or zoning status, except that multiple-family, commercial, and industrial developments need only comply with the screening regulations for the trash receptacles when required to do so by Chapter 17.48 of the city code.
B.
Responsibility.
1.
The responsible party of any premises, business establishment, or industry shall be responsible for the sanitary condition of said premises, business establishment or industry.
2.
No person shall place, deposit, or allow to be placed or deposited on their premises or on any public street, road, or alley any refuse or other objectionable waste.
3.
The responsible party of any premises, business establishment or industry shall be responsible for the storage and disposal of all refuse accumulated.
C.
Single-Family Residential.
1.
It shall be the duty of every responsible party of any premises zoned for single-family residential use, to have located on their property and maintain in good order and repair, receptacles with lids fastened thereto, of sufficient number to contain the refuse that will accumulate on said premises.
2.
It shall further be the duty of every responsible party of any premises zoned for single-family residential use, to remove or to have removed the contents of all receptacles at least twice a week.
3.
Receptacles shall not be placed in view of any public rights-of-way sooner than eight a.m. the day prior to collection and shall be removed from the view of any public rights-of-way by eight a.m. the day following the removal of the receptacle's contents.
D.
Multiple-Family, Commercial and Industrial Developments.
1.
It shall be the duty of every responsible party of any premises zoned for multiple-family, commercial, or industrial use, to have located on their property and maintain in good order and repair receptacles of sufficient number to contain the refuse that will accumulate on said premises.
2.
It shall further be the duty of every responsible party of any premises zoned for multiple-family, commercial, or industrial use, to remove or to have removed, the contents of all receptacles at least once a week.
3.
All receptacles shall be screened in accordance with the provisions of Chapter 17.48.
E.
Refuse Receptacles.
1.
Refuse receptacles shall meet at least one of the sets of criteria set forth below.
a.
A minimum of twenty gallons and a maximum of thirty-two gallons, made of galvanized metal or a durable grade of plastic with a base smaller than the opening.
b.
A ninety-six gallon roll-out cart provided by the trash hauler under contract with the city.
c.
A bag made of heavy, multiple-ply paper or polyethylene or ethylene copolymer resin, for use outdoors and be of sufficient thickness and strength to contain the contents enclosed without tearing or ripping under normal handling.
d.
A metal trash receptacle provided by the trash hauler under contract with the city.
(Ord. 97-900 § 7: Ord. 91-438 § 1; Ord. 89-226 § 3: prior code § 13.3.7)
Outdoor illumination shall be of a minimum necessary to serve the purpose intended, with protective shielding to any residential zoned lot within two hundred feet thereof.
(Ord. 97-900 § 8 (part); prior code § 13.3.9)
When designated in both stories and feet, height limits shall not exceed the foot dimensions.
(Ord. 97-900 § 8 (part); prior code § 13.3.11 (part))
A.
The district height limitations for buildings are not applicable to spires, cupolas, chimneys, flues, vents, poles, beacons, mechanical equipment or towers; nor to any bulkhead, elevator, tank (or similar structure) extending above a roof when same occupies no more than twenty-five percent of such roof area.
B.
Unless shown by design proof of collapse safety, any such structure as enumerated above must be so located on a lot that its reclining length (in case of collapse) would be contained within the bounds thereof.
C.
The district height limitations are not applicable to horizontal wind turbine systems, vertical wind turbine systems, photovoltaic systems, wireless telecommunications towers, and antennas. The height limits established in Chapters 17.39 and 17.40 of the city code shall apply.
D.
The district height limitations are not applicable to churches, except as described below.
1.
If a church does not exceed the district height limitations for the zoning district in which they are located, the church shall comply with the setbacks established for the district in which they are located.
2.
If a church located on or adjacent to parcels of lands zoned for single-family residential, exceeds the district height limitations, the church shall be located so that the overall height is equal to or less than the setbacks from each property line. However, the overall height of said church shall not exceed sixty feet.
3.
If a church located on or adjacent to parcels of lands zoned for all other uses, exceeds the district height limitations, the overall height of said church shall not exceed sixty feet. The church shall also comply with the setbacks established for the district in which they are located.
(Ord. 2008-54 § 1; Ord. 2008-9 § 1: Ord. 2002-9 § 1: Ord. 97-900 § 9: prior code § 13.3.11(1))
Except as provided under Chapter 17.34 (ANH Airport Noise and Height Overlay District) herein and notwithstanding any other provision of this code to the contrary, Sports facility, as defined in Chapter 17.04 herein, is authorized a maximum building height of eighty feet.
(Ord. No. 2017-14, § 1, 10-17-2017)
A.
Fences and walls shall not exceed the heights as set forth below.
1.
On any single-family residential zoned lot as follows:
a.
Four feet in front yard as determined by the front yard setback and six feet in side or rear yards.
b.
Gates are allowed an additional two feet for decorative features.
c.
On lots used for essential public utility buildings and facilities, eight feet.
2.
On any multiple-family zoned lot, six feet.
a.
Gates are allowed an additional two feet for decorative features.
3.
On commercial and industrial zoned lots, eight feet.
4.
On public lands zoned lots, ten feet.
5.
Four feet on any portion of the rear third of a corner lot backing to a key lot by a line joining required key lot setback and the street right-of-way intersection. Height may be increased up to six feet provided such height increase does not hamper visibility for traffic safety.
6.
Three feet within the triangular area formed by measuring twenty-five feet along the boundary of roadways and drives from the intersection thereof (including hedges and other plantings). Height may be increased not to exceed four feet, provided such height increase does not hamper visibility for traffic safety.
7.
Where a fence or wall is required as screening or other protection on single-family residential zoned lots, a minimum of five feet in height.
(Ord. No. 2017-02, § 3, 2-21-2017; Ord. No. 2015-15, § 1, 10-20-2015; Ord. No. 2011-4, § 1, 4-19-2011; Ord. 2004-39, § 1; Ord. 97-900, § 10; prior code, § 13.3.11(2))
Notwithstanding Chapter 17.34 (Airport Noise and Height Overlay District) and Chapter 17.38 (Density Districts) or any other provision of this code to the contrary, building heights in the Industrial, General Limited (M1) and the Industrial, Heavy (M2) zoning districts are authorized a maximum of sixty feet or five stories, whichever is less.
(Ord. No. 2016-14, § 1, 12-20-2016)
Buildings located on sloping lots are permitted an extra story on the downhill side, provided the building height (measured from the floor above such extra story) does not exceed the maximum height in feet allowed in the district.
(Ord. 97-900 § 11 (part); prior code § 13.3.11(3))
Except as provided under Chapter 17.34 (ANH Airport Noise and Height Overlay District) herein and notwithstanding any other provision of this code to the contrary, a hotel or motel, as defined in Chapter 17.04 herein, is authorized a maximum building height of sixty feet or five stories, whichever is less.
(Ord. No. 2014-23, § 1, 9-16-2014)
A.
Any lot of record existing at the time the ordinance codified in this chapter, or amendments thereto, became effective, which does not conform with the lot area or width requirements for the district in which it is located, may be used for any use permitted in that district provided other applicable regulations of this title are complied with.
B.
Any lot, after the ordinance codified in this chapter, or amendments thereto, become effective, shall not be reduced in any manner below the lot area and dimension requirements of this title for the district in which it is located; or if a lot is already less than the minimums so required, such lot area or dimension shall not be further reduced.
C.
Any lot, after the ordinance codified in this chapter, or amendments thereto, become effective, shall not be reduced or diminished so as to cause the yards, lot coverage or other open spaces to be less than that required by this title, or to decrease the lot area per dwelling unit except in conformity with this title.
(Ord. 97-900 § 11 (part); prior code § 13.3.12)
A.
Accessory uses are permitted only in conjunction with any "principal" use, provided same is compatible therewith and does not alter the character of the premises.
B.
Accessory buildings and structures that do not meet the minimum spacing requirement from the principal building as set forth in Table 17.38.010 of the City Code shall comply with the yard (setback) requirements established for the principal building except as provided for in Sections 17.06.190 and 17.06.200 of the City Code.
C.
Accessory buildings may be attached to or detached from the "principal" building, except that no accessory building housing fowl or animals (other than domestic pets) may be attached to any dwelling unit.
D.
An accessory building designed or used for sleeping or living purposes, defined as a guest house in 17.04 of this code, shall comply with the yard (setback) requirements established for the principal building.
E.
A detached accessory building in the front one-half of the lot shall comply with the yard (setback) requirements established for the principal building.
F.
Accessory buildings in single-family residential, districts which are located within the building envelope, shall not exceed the height of the principal building measured to the peak of the highest truss or top of the parapet wall, or twenty-five feet measured to the mid-span of the highest truss or top of the parapet wall, whichever is greater.
G.
Accessory buildings in single-family residential districts, which are located within the required front-side, rear or side yard(s) shall not exceed fifteen feet in height and shall be measured to the mid-span of the highest truss or top of the parapet wall.
H.
The square footage of accessory building(s) and structure(s) in single-family residential and multiple-family residential districts shall not exceed the livable floor area of the principal building by more than fifty percent. The square footage of structures, which meet all of the following criteria, attached, unenclosed, and roofed, shall not be included in the calculation for accessory buildings and structures. Guest houses and other accessory living spaces shall not be included in the calculation for accessory buildings and structures. Accessory living spaces are limited to two per parcel. The total square footage of all buildings and structures on a lot shall not exceed the maximum lot coverage percentages set forth in Table 17.38.010 of the City Code.
I.
On properties less than one-acre in size, the exterior building facade of accessory buildings, including the trim, roof fascias, and the like, shall consist of wood, stucco, horizontal siding, brick, Masonite, masonry, veneer, adobe, or other facsimile of a building material commonly used in residential construction. The colors and materials used for the accessory buildings and structures shall be compatible and similar to those used for the principal building. Metal siding is prohibited, unless the siding has a baked on finish or pattern. Prefabricated buildings that do not require a building permit shall be exempt from this regulation.
J.
Medical marijuana. A qualifying patient or a designated caregiver, as defined under A.R.S. § 36-2801, may cultivate marijuana for medical use as an accessory use to a residential zone in accordance with the security restrictions stated in A.R.S. § 36-2801(1) and (6) and any applicable DHS regulation, so long as the qualifying patient or designated caregiver do not reside within twenty-five miles of a medical marijuana dispensary.
(Ord. No. 2017-09, § 1, 8-15-2017; Ord. No. 2011-2, § 2, 3-15-2011; Ord. No. 2011-4, § 1, 4-19-2011; Ord. No. 2009-11, § 1, 5-19-2009; Ord. 2004-33, § 1; Ord. 2002-61, § 1; Ord. 2000-1051, § 2; Ord. 97-900, § 12; prior code, § 13.3.13; Ord. No. 2023-18, § 1, 8-15-2023; Ord. No. 2023-27, § 1, 12-5-2023)
A.
Prior to commencing any alteration, construction and/or enlargement to any fence and/or wall that is located on the perimeter of the subject property, around a swimming pool, around a trash receptacle, used to screen a parking lot, within any easement, or considered a retaining wall, a permit shall be obtained from the development services department. The fence and/or wall/screening device shall comply with the regulations set forth in Chapters 15.12, 15.14 and 17.48 of the City Code and in accordance with the International Building Code, the latest edition adopted by the City of Bullhead City.
B.
When a permit is required, the property owner or his/her agent shall, upon site plan submission, verify by his/her signature that survey monuments for all property corners shall be in place and maintained for construction and installation inspection purposes during the effective term of the permit.
C.
The site plan shall call out the type of survey monuments in place, i.e., two-inch iron pin, No. 4 rebar, etc. Any missing property corners shall be restored by an Arizona registered land surveyor.
D.
Fences located on land zoned single-family residential shall be made of chain link, chain link with ultra violet resistant, interlocking vertical privacy slats, brick, masonry block, masonry with a stucco or mortar wash finish, cedar, redwood, split railing, wrought iron, mortared rock, or other similar material approved by the development services director.
E.
Fences located on land zoned for multiple-family, commercial, or industrial uses shall be made of chain link, chain link with ultraviolet resistant, factory installed interlocking vertical privacy slats, brick, masonry block, masonry with a stucco or mortar wash finish, cedar, redwood, split railing, wrought iron, mortared rock or other similar material approved by the development services director.
F.
The permit fee for a fence and/or wall shall be computed according to the fee schedules approved by the city council.
(Ord. No. 2024-16, § 1, 5-21-2024; Ord. No. 2018-05, § 1, 4-17-2018; Ord. No. 2017-09, § 1, 8-15-2017; Ord. No. 2015-15, § 1, 10-20-2015; Ord. No. 2011-4, § 1, 4-19-2011; Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2003-24 § 1: Ord. 97-900 § 13: Ord. 97-851 (part); Ord. 93-565 § 2: Ord. 89-234 § 1: prior code § 13.3.8)
In applying density formulas to determine the number of units allowed on a lot, credit shall be allowed for the area of any contiguous dedicated half street, half alley, or similar dedicated easements.
(Ord. 97-900 § 13: prior code § 13.3.14)
A.
All swimming pools shall be enclosed in accordance with the International Building Code, the latest edition adopted by the City of Bullhead City.
B.
In single-family residential zoning districts or uses, swimming pools shall be in the side or rear yard. On parcels over ten thousand square feet in size, swimming pools may be located in the front yard, provided the swimming pool and required enclosure are located outside the required front yard setback.
C.
In all other zoning districts, swimming pools shall be in the side or rear yard and there shall be a distance of at least twenty-five feet between any property line and the water's edge.
(Ord. No. 2023-04, § 1, 1-17-2023; Ord. No. 2021-10, § 1, 5-18-2021; Ord. No. 2015-15, § 1, 10-20-2015; Ord. 97-900 § 14: Ord. 91-453 § 1; Ord. 86-108; prior code § 13.3.15)
All security gates shall comply with the Underwriters Laboratory (UL) requirements for safety.
(Ord. 2000-1029 § 1)
A.
A yard shall be unobstructed from the ground up by structures, except for fences, free-standing walls, signs and other similar encroachments described herein.
B.
Where in this chapter reference is made to the phrase "required setback" for a structure, such requirement shall additionally be construed to designate the "minimum required yard" for said structure.
C.
Through lots fronting on two streets shall be considered (for required setback purposes) as having two front yards. No device (such as doors and windows) may be so installed as to protrude beyond a lot boundary in the operation thereof.
(Ord. 97-900 § 15: Ord. 93-609 § 1)
A.
Front Yard Deviations.
1.
Where all or some of the existing buildings in the same block with a proposed building (and lying within one hundred feet therefrom) vary from the minimum front yard requirements, then the average front yard depth for such existing buildings, within five feet, shall determine the required minimum yard depth for such proposed building (unless waived in writing by owners of such other buildings). In no case may such yard depth be less than the minimum required for the district.
2.
On lots rising in elevation from front to center and exceeding twenty-six percent grade thereon, the front yard may be reduced not to exceed fifty percent of the required minimum.
3.
On lots zoned R1MH, a reduction in the required front setback from twenty-five feet to twenty feet shall be allowed if necessary to accommodate a longer manufactured or mobile home; provided, however, that the total length of said home so accommodated does not exceed sixty feet.
B.
Side Yard Deviations.
1.
On any interior residential zoned lot lacking rear access (other than from the front street) and where a garage or carport is not attached to the principal building, then one side yard must measure no less than nine feet to provide access to rear parking.
2.
On a corner lot backing to a key lot, no structure exceeding a four-foot height may be located adjacent to the side street within a triangular area formed by a line connecting the street intersection with the required front setback line of the key lot.
3.
When a lot sides on an alley such required side yard adjacent thereto may be reduced not to exceed fifty percent provided such reduced setback, plus half the alley width, is not less than the yard width required for the district.
(Ord. 97-900 § 16: prior code § 13.3.16(1))
No structure, other than fences, freestanding walls or signs, shall be located so as to encroach upon or reduce any open space, yard, setback requirements, lot area or parking areas as is designated by this title, except that:
A.
All Yard Encroachments.
1.
Cornices, eaves, open balconies, fire escapes, stairways or fire towers may project no more than two feet into any required yard.
2.
Sills, leaders, belt course, and similar ornamental features, and chimneys may project two feet into any required yard.
3.
Air conditioning, cooling and/or heating units may be located within one foot of any property line.
B.
Front Yard Encroachments. A bay window, oriel, entrance or vestibule, not exceeding a ten-foot width, may project three feet into any required front yard.
C.
Rear Yard Encroachments.
1.
A bay window, oriel, entrance or vestibule (not exceeding a ten-foot width) may project three feet into any required rear yard.
2.
An attached open porch or balcony, or a carport, may project no more than ten feet into any required rear yard, but no closer than ten feet from a rear property line and five feet from any interior side property line. An attached open porch or balcony may not project past the established high water mark or rear property line on properties with direct access to the Colorado River.
3.
A detached accessory structure may be placed in a required rear yard, provided the structure is located a minimum of five feet from the rear and side property lines.
(Ord. No. 2018-05, § 1, 4-17-2018; Ord. No. 2017-16, § 1, 10-17-2017; Ord. No. 2011-4, § 1, 4-19-2011; Ord. 2000-1051, § 3; Ord. 97-900, § 17 (part); Ord. 93-609, § 2)
A.
Construction of a nonflood control structure within any drainage easement shall be prohibited unless authorized by an encroachment permit.
B.
Construction within any public utility easement shall be limited to utilities, driveways, fences, retaining walls, landscaping, mailboxes, signs, and other similar construction.
C.
Construction within any road easement dedicated to the public shall be prohibited unless authorized by a right-of-way permit.
(Ord. 2002-4 § 10: Ord. 97-900 § 17 (part); Ord. 96-771 § 2)
A.
Setbacks from streets and alleys are measured from the boundary of a full width right-of-way or what would be such where only a partial right-of-way exists, or from a future width line, as are designated under Section 17.06.260.
B.
Measurements from the streets or alleys centerline are measured from the centerline of a full width right-of-way or what would be such where only a partial right-of-way exists, or from a future width line, as are designated under Section 17.06.250.
(Ord. 97-900 § 18: Ord. 93-609 § 3)
In providing for future growth it is necessary that adequate street rights-of-way be planned and that such be kept clear of permanent structures, the removal of which (in all or part) necessitated by roadway widening could be a burden to the public. Where reference in this title is to "streets," the same is deemed to mean a street right-of-way dedicated for public use, except as may be indicated otherwise on an approved recorded plat.
(Ord. 97-900 § 21 (part); prior code § 13.3.17 (part))
No lot of five acres or less shall be established without dedication, across its full width, of a street (or street easement) or right-of-way, of sufficient width as may be applicable for such street alignment or right-of-way, of sufficient width as my be appliciable for such street alignment (or half such right-of way width where owner has no control to provide the other half), except that in no case need such dedication be more than to create a one-hundred-ten-foot width (half such as the case may be); likewise, if other streets or alleys adjoin such lot (or project along same), any permit granting shall be contingent upon dedication to complete the owner's share thereof. Similarly, such dedications as enumerated above shall be required in securing permits for existing lots.
(Ord. 97-900 § 20 (part); prior code § 13.3.17(1))
Required right-of-way widths are as follows:
A.
Principal/major arterial street—one hundred ten feet to one hundred thirty feet;
B.
Minor arterial street—eighty four feet to one hundred feet;
C.
Collector street—seventy feet to eighty-four feet;
D.
Local street—sixty feet;
E.
Limited use street—fifty feet;
F.
Cul-de-sac street—fifty feet;
G.
Alley—twenty-four feet or such additional width deemed necessary by the development services director because of adjacent land uses.
(Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 97-900, § 20 (part); Ord. 94-682, § 5; Ord. 93-609, § 4)
A.
Future width lines are established in this section from which setbacks for structures, other than signs, fences and freestanding walls, shall be measured to comply with the district requirements, except as may be varied after findings and recommendations by the planning and zoning commission to the city council that all or part of such future width is unwarranted.
B.
Where no setback is required, no such structure shall be located nearer to the lot boundary than the future width line.
C.
Such future width lines are established as set forth below, except as may be indicated otherwise on an official highway map:
1.
Mid-section lines, twenty feet plus one-half of the right-of-way width for a collector street;
2.
Section lines, twenty feet plus one-half of the right-of-way width for an arterial street;
3.
Federal aid, state or federal highways, forty to sixty feet, depending upon topography, on each side of such existing or projected centerline.
(Ord. 97-900 § 20 (part); Ord. 93-609 § 5)
A.
Temporary buildings, structures and/or uses are permitted in any zoning district, in accordance with the provisions listed below.
1.
The development services director shall have the authority to issue a temporary use permit for travel trailers, recreational vehicles, construction offices, utility trailers and security fencing used only in conjunction with construction work and during the time of a valid building permit.
a.
Any temporary use permit issued shall, in the case of single-family home construction, be limited to one travel trailer or one recreational vehicle.
b.
A temporary use permit for commercial, industrial or multiple-family construction shall be limited to one residential trailer or recreational vehicle for a watchman or manager quarters, one construction office and one utility vehicle or trailer for each major building trade, limited to a total of four utility vehicles or trailers for each project.
c.
The temporary use permit issued shall be issued for the anticipated time of construction and shall not exceed one year. Requests for additional time may be submitted to the development services director.
d.
A request for an extension of time shall be considered as a conditional use permit in accordance with application procedures outlined in Chapter 17.08. Additionally, the applicant must furnish proof that construction is being diligently pursued to completion and indicating that the need for such a use continues to exist.
e.
Unless a temporary use permit is extended by said conditional use permit, all temporary facilities shall be removed from the property upon expiration of the temporary use permit or conditional use permit, or within ten days after completion of the construction work, whichever occurs first.
f.
All temporary facilities installed as specified in this section shall be served by available public utilities and shall be installed to be in compliance with all currently effective city, county and state health regulations applicable thereto.
2.
The development services director shall have the authority to issue a temporary use permit for model homes and temporary real estate offices/complexes.
a.
Temporary real estate offices/complexes shall only be located in new subdivisions.
b.
Model homes may be located in any subdivision.
c.
Model homes or temporary real estate offices/complexes shall be subject to the height, yard, and intensity of use regulations for the district in which it is located.
d.
Any signage used to advertise the model homes or temporary real estate office/complex and products available within the subdivision shall comply with Chapter 17.42 of the city code.
e.
Front and front side yards shall be landscaped and at all times be maintained free of debris, trash, weeds, etc. and in accordance with Chapter 17.48 of the city code.
f.
If a driveway/parking area is provided on the lot with the temporary real estate office/complex or on an adjacent lot, the areas shall be surfaced in accordance with Chapter 17.44 of the city code and the engineering procedures manual.
g.
The real estate broker and/or builder represented by the model home shall have a principle place of business that is located off site in an approved location. This requirement shall not apply to model homes located in new subdivisions.
h.
The temporary use permit issued shall be issued for a period of three years. Requests for additional time may be submitted to the development services director. A request for an extension of time shall be considered as a conditional use permit and processed in accordance with the application procedures outlined in Chapter 17.08.
(Ord. No. 2011-4, § 1, 4-19-2011; Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2003-57, § 2; Ord. 97-900, § 20 (part); Ord. 97-857, § 1; Ord. 92-525, §§ 1, 2; Ord. 89-216, (part); Ord. 88-175; prior code § 13.3.18)
Livestock, as defined under Chapter 6.04 of this Code, shall be allowed on lots which are one acre or larger in size and shall be limited to two such livestock per acre. "Poultry" within that definition, and for purposes of this section, does not include the chicken, gallus domesticus, which is regulated under Chapter 6.12 of this same Code. All such livestock, where permitted, shall be kept in conformance with Title 6 of this Code.
(Ord. No. 2023-14, § 5-16-2023; Ord. 97-900 § 20 (part); prior code § 13.3.19)
A.
Home occupations are permitted in residential zoning districts subject to the regulations listed below.
1.
A home occupation shall be conducted within a dwelling or accessory building and shall clearly be incidental to the use of the structure as a dwelling.
2.
There shall be no storage of equipment or supplies associated with the home occupation outside the dwelling.
3.
The parking of more than one commercial vehicle of a capacity of two tons or less, and commercial excavating equipment, or the parking of a commercial vehicle of more than two-ton capacity, on any lot associated with the home occupation shall be prohibited.
4.
There shall be no display of products visible in any manner from the outside of the dwelling.
5.
There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation.
6.
No advertising displays shall be permitted.
7.
No commercial telephone directory listing, internet, social-media, newspaper, radio, or television service shall be used to advertise the location of a home occupation to the general public.
8.
No one outside the family shall be employed in the conduct of the home occupation.
9.
The use shall not require additional off-street parking spaces for clients or customers of the home occupation.
10.
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, or odor detectable to the normal senses off the property.
11.
No equipment or process shall be used in a home occupation which creates visual or audible electrical interference in any radio or television receiver off the premises.
12.
The activity shall be limited to the hours between seven a.m. and ten p.m.
13.
No business shall be conducted which requires delivery vehicles to the home not customary to a residence.
14.
A home occupation must comply with requirements of all other regulatory agencies.
15.
A business license shall be necessary for each home occupation.
(Ord. No. 2017-02, § 4, 2-21-2017; Ord. 97-900 § 20 (part); Ord. 97-889 § 2)
A.
Garage/yard sales shall be permitted in any residential district subject to the provisions set forth below.
1.
No more than six garage/yard sales shall be conducted on the same premises in any calendar year.
2.
Each garage/yard sale shall not be conducted for longer than three days.
3.
Garage/yard sales shall be conducted only during daylight hours.
4.
At times other than during the garage/yard sale, all items offered at the sale and other items incidental to occupancy of the dwelling, shall be contained within an enclosed garage or accessory storage building.
5.
All signs used to advertise the garage/yard sale shall comply with Section 17.42.050(A)(8) of this code.
(Ord. No. 2013-1, § 1, 2-5-2013; Ord. 2002-55 § 3: Ord. 98-922 § 1)
A.
Dwelling or sleeping in any parked recreational vehicle within the city is prohibited, unless the recreational vehicle is parked in a recreational vehicle park.
B.
This prohibition shall not apply to recreational vehicles lawfully parked at a private residence and used exclusively by the owner or guests for a period not to exceed fourteen days in a calendar year.
C.
Recreational vehicles shall not be hooked to sewer and water facilities when parked on a private residence, except as permitted in subsection B. of this section.
(Ord. 2018-24, § 1, 11-20-2018; Ord. 2004-15 § 1: Ord. 98-942 § 1)
A.
Generally.
1.
A mobile food vendor as defined under Section 17.04.514 herein may operate in any zoning district so long as the vendor possesses a city business license and the license required by the State of Arizona for mobile food vendors.
2.
Use of the home address for the business license requires the applicant to establish a home occupation as defined under Title 17 of this same code.
3.
A mobile food vendor is not authorized to operate within established city parks or municipal parking lots absent applying for and being issued a separate licensing agreement under terms and conditions as authorized by the city manager. A mobile food vendor operating under a license must also possess a business license required by Title 5 of this same code.
4.
Mobile food units must be self-contained and not be connected to any water, wastewater or electrical source that is not part of the mobile food unit.
5.
A mobile food vendor is subject to state law and city code pertaining to traffic regulation and the standing or parking of vehicles. The specific listing of any particular city code or state law within this Section 17.06.315 does not abrogate the effect of any other applicable provision.
B.
Hours of operation.
1.
A mobile food vendor shall not remain within any authorized parking area in the right-of-way from 7:01 p.m., through 5:59 a.m.
2.
Notwithstanding the permission of a person owning or having lawful control of private real property, a mobile food vendor shall not remain on private real property from 10:01 p.m., through 5:59 a.m.
C.
Operational conditions.
1.
In accordance with Section 17.06.020 of this same code, a mobile food vendor shall not be located within the sight triangle for corner lots or driveways.
2.
The parking area used by the mobile food vendor, including what would consist of anticipated reasonable foot traffic of customers to and from the mobile food vendor, must be surfaced in accordance with Section 17.44.070(A) of this same code.
3.
A mobile food vendor must provide a at least one thirty-gallon trash receptacle in the vicinity of the mobile food unit for the deposit of waste materials generated by customers in connection with the mobile food vendor. The mobile food vendor is responsible for the removal of the waste generated and the receptacle upon leaving the area or space upon which the mobile vendor is parked, and depositing the waste at an authorized waste disposal location. The area must be maintained clean and free from litter, garbage or other waste related to the mobile food vending operation.
4.
A mobile food unit shall have adequate lighting during hours of darkness to ensure customer safety in the vending area. Lighting shall be directed downwards and away from the right-of-way and adjacent properties.
5.
A mobile food vendor must provide at least one hand sanitizer dispenser attached to the exterior of the mobile food unit.
6.
A mobile food vendor must cease all audible marketing activities, such as music and announcements while the mobile food unit is parked and providing services.
7.
A mobile food vendor is limited to signage installed and part of the mobile food unit.
8.
Mobile food vendor may not place tables or chairs for customer use outside of the mobile food unit.
9.
If a mobile food unit is parked in the right-of-way, no service to the public shall be made from the street side of the food unit.
D.
Conditions specific to private property.
1.
A mobile food vendor must obtain written consent of the property owner for operation on private property and provide proof of the written consent upon demand by city personnel.
2.
Mobile food units must be set back at least fifteen feet from the right-of-way.
3.
The mobile food vendor's use must not result in less than the parking spaces required by city code being available to the public or customers of the private property owner nor obstruct reasonable ingress/egress or other parking on the property necessary to public safety.
4.
The possession of a mobile food vendor license issued by the city or State of Arizona does not deprive any real private property owner of the right to control the owner's real property or its use pursuant to this chapter nor does it confer any other particular right or abrogate any duty imposed by law.
(Ord. 2018-24, § 1, 11-20-2018)
A.
The development services director may grant exemptions to the regulations set forth above based on:
1.
Lot size and dimensions;
2.
Amount of existing lot coverage and building locations;
3.
Surrounding uses;
4.
If the request involves the screening of the trash enclosure, written verification from the appropriate trash hauler stating that they will not be able to serve the property in question if the trash receptacle is enclosed.
B.
A request for an exemption shall be made on the city's application and as a minimum the following shall also be submitted:
1.
A fully dimensioned site plan of the subject parcel and any existing or proposed buildings;
2.
Square footage totals for lot(s), all buildings, landscaping and parking;
3.
Locations of all buildings, landscaping, and parking;
4.
Written text outlining why a hardship will be created if strict application of the regulations set forth herein are enforced;
5.
If the exemption involves the screening of the trash enclosure, written verification from the appropriate trash hauler stating that they will not be able to serve the property in question if the trash receptacle is enclosed.
C.
The development services director shall make a determination and notify the applicant in writing, within thirty days of the submittal.
D.
If the applicant wishes to appeal the development services director's decision, a request shall be submitted to the board of adjustment in accordance with the procedures set forth in Chapter 2.48 of this code.
(Ord. 2018-24, § 1, 11-20-2018; Ord. 2018-05, § 1, 4-17-2018)
06 - GENERAL DISTRICT REQUIREMENTS
The following provisions shall apply to all districts, and no property shall be used and no building shall be constructed, altered, placed or used except in conformity with this chapter and this shall include any change to a nonconforming use.
(Ord. 2018-24, § 1, 11-20-2018; Ord. 97-900 § 1: prior code § 13.3.1)
A.
All lots as defined by 17.04.440 of this title, within the incorporated area of the city, to include all structures as defined by 17.04.680 of this title, shall at all times comply with the rules and regulations as set forth in Section 15.54.040 of the City Code.
(Ord. No. 2017-09, § 1, 8-15-2017)
On a corner lot in any zone, no planting, fence, wall, building or other obstruction to vision more than three feet in height shall be placed or maintained within the triangular area bounded on two sides by front lot lines, and on the third side by a straight line connecting points on said lot lines (or their projections) each of which points is twenty-five feet from the point of intersection of said lot lines.
(Ord. 97-900 § 3; prior code § 13.3.3)
A.
The purpose of the site plan requirements is to provide detailed review where new developments may occur and to minimize land use conflicts and to prevent incompatible uses.
B.
No permit shall be issued for any new development in any zoning district until the proposed site plan has been first approved by the development services director or his/her designee.
C.
The owner or owners of property proposed for development shall submit a site plan indicating precisely what is planned for the property and shall include the information set forth below:
1.
Lot dimensions;
2.
All buildings and structures existing and proposed (including dimensions);
3.
Yards and spaces between buildings;
4.
Landscaping and screening as required by Chapter 17.48;
5.
Off-street parking as required by Chapter 17.44;
6.
Vehicular, pedestrian and service access;
7.
Signs and lighting, including location;
8.
Outdoor storage and activities;
9.
Location and name of adjacent rights-of-way;
10.
Specific site grading information and status within any designated flood area;
11.
Other data as may assist in determining the effect of the development on surrounding property.
(Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 97-900 § 4: prior code § 13.3.4)
Where two or more lots are used as a building site and where main buildings cross lot lines, then the entire area shall be considered as one lot, except that the front of the parcel shall be determined to be the front of the individual lots as platted, subdivided or laid out. The assessor parcel numbers of must be combined by the property owner with the assessor prior to the issuance of a certificate of occupancy, certificate of compliance or final inspection, as may be applicable.
(Ord. No. 2011-4, § 1, 4-19-2011; Ord. 97-900, § 5; prior code, § 13.3.5)
Upon application for a permit to erect, construct, enlarge, or improve any building or structure or to install any manufactured, mobile or modular home, it shall be determined whether said application for permit is for a lot or parcel included within an area of special flood hazard. If it is determined that said application for permit is within an area of special flood hazard, the floodplain regulations set forth in Chapter 15.36 shall be complied with and made a condition of any approvals.
(Ord. 97-900 § 6: prior code § 13.3.6)
A.
This section shall apply to all buildings, grounds, lots or premises within the city of Bullhead City without regard to use or zoning status, except that multiple-family, commercial, and industrial developments need only comply with the screening regulations for the trash receptacles when required to do so by Chapter 17.48 of the city code.
B.
Responsibility.
1.
The responsible party of any premises, business establishment, or industry shall be responsible for the sanitary condition of said premises, business establishment or industry.
2.
No person shall place, deposit, or allow to be placed or deposited on their premises or on any public street, road, or alley any refuse or other objectionable waste.
3.
The responsible party of any premises, business establishment or industry shall be responsible for the storage and disposal of all refuse accumulated.
C.
Single-Family Residential.
1.
It shall be the duty of every responsible party of any premises zoned for single-family residential use, to have located on their property and maintain in good order and repair, receptacles with lids fastened thereto, of sufficient number to contain the refuse that will accumulate on said premises.
2.
It shall further be the duty of every responsible party of any premises zoned for single-family residential use, to remove or to have removed the contents of all receptacles at least twice a week.
3.
Receptacles shall not be placed in view of any public rights-of-way sooner than eight a.m. the day prior to collection and shall be removed from the view of any public rights-of-way by eight a.m. the day following the removal of the receptacle's contents.
D.
Multiple-Family, Commercial and Industrial Developments.
1.
It shall be the duty of every responsible party of any premises zoned for multiple-family, commercial, or industrial use, to have located on their property and maintain in good order and repair receptacles of sufficient number to contain the refuse that will accumulate on said premises.
2.
It shall further be the duty of every responsible party of any premises zoned for multiple-family, commercial, or industrial use, to remove or to have removed, the contents of all receptacles at least once a week.
3.
All receptacles shall be screened in accordance with the provisions of Chapter 17.48.
E.
Refuse Receptacles.
1.
Refuse receptacles shall meet at least one of the sets of criteria set forth below.
a.
A minimum of twenty gallons and a maximum of thirty-two gallons, made of galvanized metal or a durable grade of plastic with a base smaller than the opening.
b.
A ninety-six gallon roll-out cart provided by the trash hauler under contract with the city.
c.
A bag made of heavy, multiple-ply paper or polyethylene or ethylene copolymer resin, for use outdoors and be of sufficient thickness and strength to contain the contents enclosed without tearing or ripping under normal handling.
d.
A metal trash receptacle provided by the trash hauler under contract with the city.
(Ord. 97-900 § 7: Ord. 91-438 § 1; Ord. 89-226 § 3: prior code § 13.3.7)
Outdoor illumination shall be of a minimum necessary to serve the purpose intended, with protective shielding to any residential zoned lot within two hundred feet thereof.
(Ord. 97-900 § 8 (part); prior code § 13.3.9)
When designated in both stories and feet, height limits shall not exceed the foot dimensions.
(Ord. 97-900 § 8 (part); prior code § 13.3.11 (part))
A.
The district height limitations for buildings are not applicable to spires, cupolas, chimneys, flues, vents, poles, beacons, mechanical equipment or towers; nor to any bulkhead, elevator, tank (or similar structure) extending above a roof when same occupies no more than twenty-five percent of such roof area.
B.
Unless shown by design proof of collapse safety, any such structure as enumerated above must be so located on a lot that its reclining length (in case of collapse) would be contained within the bounds thereof.
C.
The district height limitations are not applicable to horizontal wind turbine systems, vertical wind turbine systems, photovoltaic systems, wireless telecommunications towers, and antennas. The height limits established in Chapters 17.39 and 17.40 of the city code shall apply.
D.
The district height limitations are not applicable to churches, except as described below.
1.
If a church does not exceed the district height limitations for the zoning district in which they are located, the church shall comply with the setbacks established for the district in which they are located.
2.
If a church located on or adjacent to parcels of lands zoned for single-family residential, exceeds the district height limitations, the church shall be located so that the overall height is equal to or less than the setbacks from each property line. However, the overall height of said church shall not exceed sixty feet.
3.
If a church located on or adjacent to parcels of lands zoned for all other uses, exceeds the district height limitations, the overall height of said church shall not exceed sixty feet. The church shall also comply with the setbacks established for the district in which they are located.
(Ord. 2008-54 § 1; Ord. 2008-9 § 1: Ord. 2002-9 § 1: Ord. 97-900 § 9: prior code § 13.3.11(1))
Except as provided under Chapter 17.34 (ANH Airport Noise and Height Overlay District) herein and notwithstanding any other provision of this code to the contrary, Sports facility, as defined in Chapter 17.04 herein, is authorized a maximum building height of eighty feet.
(Ord. No. 2017-14, § 1, 10-17-2017)
A.
Fences and walls shall not exceed the heights as set forth below.
1.
On any single-family residential zoned lot as follows:
a.
Four feet in front yard as determined by the front yard setback and six feet in side or rear yards.
b.
Gates are allowed an additional two feet for decorative features.
c.
On lots used for essential public utility buildings and facilities, eight feet.
2.
On any multiple-family zoned lot, six feet.
a.
Gates are allowed an additional two feet for decorative features.
3.
On commercial and industrial zoned lots, eight feet.
4.
On public lands zoned lots, ten feet.
5.
Four feet on any portion of the rear third of a corner lot backing to a key lot by a line joining required key lot setback and the street right-of-way intersection. Height may be increased up to six feet provided such height increase does not hamper visibility for traffic safety.
6.
Three feet within the triangular area formed by measuring twenty-five feet along the boundary of roadways and drives from the intersection thereof (including hedges and other plantings). Height may be increased not to exceed four feet, provided such height increase does not hamper visibility for traffic safety.
7.
Where a fence or wall is required as screening or other protection on single-family residential zoned lots, a minimum of five feet in height.
(Ord. No. 2017-02, § 3, 2-21-2017; Ord. No. 2015-15, § 1, 10-20-2015; Ord. No. 2011-4, § 1, 4-19-2011; Ord. 2004-39, § 1; Ord. 97-900, § 10; prior code, § 13.3.11(2))
Notwithstanding Chapter 17.34 (Airport Noise and Height Overlay District) and Chapter 17.38 (Density Districts) or any other provision of this code to the contrary, building heights in the Industrial, General Limited (M1) and the Industrial, Heavy (M2) zoning districts are authorized a maximum of sixty feet or five stories, whichever is less.
(Ord. No. 2016-14, § 1, 12-20-2016)
Buildings located on sloping lots are permitted an extra story on the downhill side, provided the building height (measured from the floor above such extra story) does not exceed the maximum height in feet allowed in the district.
(Ord. 97-900 § 11 (part); prior code § 13.3.11(3))
Except as provided under Chapter 17.34 (ANH Airport Noise and Height Overlay District) herein and notwithstanding any other provision of this code to the contrary, a hotel or motel, as defined in Chapter 17.04 herein, is authorized a maximum building height of sixty feet or five stories, whichever is less.
(Ord. No. 2014-23, § 1, 9-16-2014)
A.
Any lot of record existing at the time the ordinance codified in this chapter, or amendments thereto, became effective, which does not conform with the lot area or width requirements for the district in which it is located, may be used for any use permitted in that district provided other applicable regulations of this title are complied with.
B.
Any lot, after the ordinance codified in this chapter, or amendments thereto, become effective, shall not be reduced in any manner below the lot area and dimension requirements of this title for the district in which it is located; or if a lot is already less than the minimums so required, such lot area or dimension shall not be further reduced.
C.
Any lot, after the ordinance codified in this chapter, or amendments thereto, become effective, shall not be reduced or diminished so as to cause the yards, lot coverage or other open spaces to be less than that required by this title, or to decrease the lot area per dwelling unit except in conformity with this title.
(Ord. 97-900 § 11 (part); prior code § 13.3.12)
A.
Accessory uses are permitted only in conjunction with any "principal" use, provided same is compatible therewith and does not alter the character of the premises.
B.
Accessory buildings and structures that do not meet the minimum spacing requirement from the principal building as set forth in Table 17.38.010 of the City Code shall comply with the yard (setback) requirements established for the principal building except as provided for in Sections 17.06.190 and 17.06.200 of the City Code.
C.
Accessory buildings may be attached to or detached from the "principal" building, except that no accessory building housing fowl or animals (other than domestic pets) may be attached to any dwelling unit.
D.
An accessory building designed or used for sleeping or living purposes, defined as a guest house in 17.04 of this code, shall comply with the yard (setback) requirements established for the principal building.
E.
A detached accessory building in the front one-half of the lot shall comply with the yard (setback) requirements established for the principal building.
F.
Accessory buildings in single-family residential, districts which are located within the building envelope, shall not exceed the height of the principal building measured to the peak of the highest truss or top of the parapet wall, or twenty-five feet measured to the mid-span of the highest truss or top of the parapet wall, whichever is greater.
G.
Accessory buildings in single-family residential districts, which are located within the required front-side, rear or side yard(s) shall not exceed fifteen feet in height and shall be measured to the mid-span of the highest truss or top of the parapet wall.
H.
The square footage of accessory building(s) and structure(s) in single-family residential and multiple-family residential districts shall not exceed the livable floor area of the principal building by more than fifty percent. The square footage of structures, which meet all of the following criteria, attached, unenclosed, and roofed, shall not be included in the calculation for accessory buildings and structures. Guest houses and other accessory living spaces shall not be included in the calculation for accessory buildings and structures. Accessory living spaces are limited to two per parcel. The total square footage of all buildings and structures on a lot shall not exceed the maximum lot coverage percentages set forth in Table 17.38.010 of the City Code.
I.
On properties less than one-acre in size, the exterior building facade of accessory buildings, including the trim, roof fascias, and the like, shall consist of wood, stucco, horizontal siding, brick, Masonite, masonry, veneer, adobe, or other facsimile of a building material commonly used in residential construction. The colors and materials used for the accessory buildings and structures shall be compatible and similar to those used for the principal building. Metal siding is prohibited, unless the siding has a baked on finish or pattern. Prefabricated buildings that do not require a building permit shall be exempt from this regulation.
J.
Medical marijuana. A qualifying patient or a designated caregiver, as defined under A.R.S. § 36-2801, may cultivate marijuana for medical use as an accessory use to a residential zone in accordance with the security restrictions stated in A.R.S. § 36-2801(1) and (6) and any applicable DHS regulation, so long as the qualifying patient or designated caregiver do not reside within twenty-five miles of a medical marijuana dispensary.
(Ord. No. 2017-09, § 1, 8-15-2017; Ord. No. 2011-2, § 2, 3-15-2011; Ord. No. 2011-4, § 1, 4-19-2011; Ord. No. 2009-11, § 1, 5-19-2009; Ord. 2004-33, § 1; Ord. 2002-61, § 1; Ord. 2000-1051, § 2; Ord. 97-900, § 12; prior code, § 13.3.13; Ord. No. 2023-18, § 1, 8-15-2023; Ord. No. 2023-27, § 1, 12-5-2023)
A.
Prior to commencing any alteration, construction and/or enlargement to any fence and/or wall that is located on the perimeter of the subject property, around a swimming pool, around a trash receptacle, used to screen a parking lot, within any easement, or considered a retaining wall, a permit shall be obtained from the development services department. The fence and/or wall/screening device shall comply with the regulations set forth in Chapters 15.12, 15.14 and 17.48 of the City Code and in accordance with the International Building Code, the latest edition adopted by the City of Bullhead City.
B.
When a permit is required, the property owner or his/her agent shall, upon site plan submission, verify by his/her signature that survey monuments for all property corners shall be in place and maintained for construction and installation inspection purposes during the effective term of the permit.
C.
The site plan shall call out the type of survey monuments in place, i.e., two-inch iron pin, No. 4 rebar, etc. Any missing property corners shall be restored by an Arizona registered land surveyor.
D.
Fences located on land zoned single-family residential shall be made of chain link, chain link with ultra violet resistant, interlocking vertical privacy slats, brick, masonry block, masonry with a stucco or mortar wash finish, cedar, redwood, split railing, wrought iron, mortared rock, or other similar material approved by the development services director.
E.
Fences located on land zoned for multiple-family, commercial, or industrial uses shall be made of chain link, chain link with ultraviolet resistant, factory installed interlocking vertical privacy slats, brick, masonry block, masonry with a stucco or mortar wash finish, cedar, redwood, split railing, wrought iron, mortared rock or other similar material approved by the development services director.
F.
The permit fee for a fence and/or wall shall be computed according to the fee schedules approved by the city council.
(Ord. No. 2024-16, § 1, 5-21-2024; Ord. No. 2018-05, § 1, 4-17-2018; Ord. No. 2017-09, § 1, 8-15-2017; Ord. No. 2015-15, § 1, 10-20-2015; Ord. No. 2011-4, § 1, 4-19-2011; Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2003-24 § 1: Ord. 97-900 § 13: Ord. 97-851 (part); Ord. 93-565 § 2: Ord. 89-234 § 1: prior code § 13.3.8)
In applying density formulas to determine the number of units allowed on a lot, credit shall be allowed for the area of any contiguous dedicated half street, half alley, or similar dedicated easements.
(Ord. 97-900 § 13: prior code § 13.3.14)
A.
All swimming pools shall be enclosed in accordance with the International Building Code, the latest edition adopted by the City of Bullhead City.
B.
In single-family residential zoning districts or uses, swimming pools shall be in the side or rear yard. On parcels over ten thousand square feet in size, swimming pools may be located in the front yard, provided the swimming pool and required enclosure are located outside the required front yard setback.
C.
In all other zoning districts, swimming pools shall be in the side or rear yard and there shall be a distance of at least twenty-five feet between any property line and the water's edge.
(Ord. No. 2023-04, § 1, 1-17-2023; Ord. No. 2021-10, § 1, 5-18-2021; Ord. No. 2015-15, § 1, 10-20-2015; Ord. 97-900 § 14: Ord. 91-453 § 1; Ord. 86-108; prior code § 13.3.15)
All security gates shall comply with the Underwriters Laboratory (UL) requirements for safety.
(Ord. 2000-1029 § 1)
A.
A yard shall be unobstructed from the ground up by structures, except for fences, free-standing walls, signs and other similar encroachments described herein.
B.
Where in this chapter reference is made to the phrase "required setback" for a structure, such requirement shall additionally be construed to designate the "minimum required yard" for said structure.
C.
Through lots fronting on two streets shall be considered (for required setback purposes) as having two front yards. No device (such as doors and windows) may be so installed as to protrude beyond a lot boundary in the operation thereof.
(Ord. 97-900 § 15: Ord. 93-609 § 1)
A.
Front Yard Deviations.
1.
Where all or some of the existing buildings in the same block with a proposed building (and lying within one hundred feet therefrom) vary from the minimum front yard requirements, then the average front yard depth for such existing buildings, within five feet, shall determine the required minimum yard depth for such proposed building (unless waived in writing by owners of such other buildings). In no case may such yard depth be less than the minimum required for the district.
2.
On lots rising in elevation from front to center and exceeding twenty-six percent grade thereon, the front yard may be reduced not to exceed fifty percent of the required minimum.
3.
On lots zoned R1MH, a reduction in the required front setback from twenty-five feet to twenty feet shall be allowed if necessary to accommodate a longer manufactured or mobile home; provided, however, that the total length of said home so accommodated does not exceed sixty feet.
B.
Side Yard Deviations.
1.
On any interior residential zoned lot lacking rear access (other than from the front street) and where a garage or carport is not attached to the principal building, then one side yard must measure no less than nine feet to provide access to rear parking.
2.
On a corner lot backing to a key lot, no structure exceeding a four-foot height may be located adjacent to the side street within a triangular area formed by a line connecting the street intersection with the required front setback line of the key lot.
3.
When a lot sides on an alley such required side yard adjacent thereto may be reduced not to exceed fifty percent provided such reduced setback, plus half the alley width, is not less than the yard width required for the district.
(Ord. 97-900 § 16: prior code § 13.3.16(1))
No structure, other than fences, freestanding walls or signs, shall be located so as to encroach upon or reduce any open space, yard, setback requirements, lot area or parking areas as is designated by this title, except that:
A.
All Yard Encroachments.
1.
Cornices, eaves, open balconies, fire escapes, stairways or fire towers may project no more than two feet into any required yard.
2.
Sills, leaders, belt course, and similar ornamental features, and chimneys may project two feet into any required yard.
3.
Air conditioning, cooling and/or heating units may be located within one foot of any property line.
B.
Front Yard Encroachments. A bay window, oriel, entrance or vestibule, not exceeding a ten-foot width, may project three feet into any required front yard.
C.
Rear Yard Encroachments.
1.
A bay window, oriel, entrance or vestibule (not exceeding a ten-foot width) may project three feet into any required rear yard.
2.
An attached open porch or balcony, or a carport, may project no more than ten feet into any required rear yard, but no closer than ten feet from a rear property line and five feet from any interior side property line. An attached open porch or balcony may not project past the established high water mark or rear property line on properties with direct access to the Colorado River.
3.
A detached accessory structure may be placed in a required rear yard, provided the structure is located a minimum of five feet from the rear and side property lines.
(Ord. No. 2018-05, § 1, 4-17-2018; Ord. No. 2017-16, § 1, 10-17-2017; Ord. No. 2011-4, § 1, 4-19-2011; Ord. 2000-1051, § 3; Ord. 97-900, § 17 (part); Ord. 93-609, § 2)
A.
Construction of a nonflood control structure within any drainage easement shall be prohibited unless authorized by an encroachment permit.
B.
Construction within any public utility easement shall be limited to utilities, driveways, fences, retaining walls, landscaping, mailboxes, signs, and other similar construction.
C.
Construction within any road easement dedicated to the public shall be prohibited unless authorized by a right-of-way permit.
(Ord. 2002-4 § 10: Ord. 97-900 § 17 (part); Ord. 96-771 § 2)
A.
Setbacks from streets and alleys are measured from the boundary of a full width right-of-way or what would be such where only a partial right-of-way exists, or from a future width line, as are designated under Section 17.06.260.
B.
Measurements from the streets or alleys centerline are measured from the centerline of a full width right-of-way or what would be such where only a partial right-of-way exists, or from a future width line, as are designated under Section 17.06.250.
(Ord. 97-900 § 18: Ord. 93-609 § 3)
In providing for future growth it is necessary that adequate street rights-of-way be planned and that such be kept clear of permanent structures, the removal of which (in all or part) necessitated by roadway widening could be a burden to the public. Where reference in this title is to "streets," the same is deemed to mean a street right-of-way dedicated for public use, except as may be indicated otherwise on an approved recorded plat.
(Ord. 97-900 § 21 (part); prior code § 13.3.17 (part))
No lot of five acres or less shall be established without dedication, across its full width, of a street (or street easement) or right-of-way, of sufficient width as may be applicable for such street alignment or right-of-way, of sufficient width as my be appliciable for such street alignment (or half such right-of way width where owner has no control to provide the other half), except that in no case need such dedication be more than to create a one-hundred-ten-foot width (half such as the case may be); likewise, if other streets or alleys adjoin such lot (or project along same), any permit granting shall be contingent upon dedication to complete the owner's share thereof. Similarly, such dedications as enumerated above shall be required in securing permits for existing lots.
(Ord. 97-900 § 20 (part); prior code § 13.3.17(1))
Required right-of-way widths are as follows:
A.
Principal/major arterial street—one hundred ten feet to one hundred thirty feet;
B.
Minor arterial street—eighty four feet to one hundred feet;
C.
Collector street—seventy feet to eighty-four feet;
D.
Local street—sixty feet;
E.
Limited use street—fifty feet;
F.
Cul-de-sac street—fifty feet;
G.
Alley—twenty-four feet or such additional width deemed necessary by the development services director because of adjacent land uses.
(Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 97-900, § 20 (part); Ord. 94-682, § 5; Ord. 93-609, § 4)
A.
Future width lines are established in this section from which setbacks for structures, other than signs, fences and freestanding walls, shall be measured to comply with the district requirements, except as may be varied after findings and recommendations by the planning and zoning commission to the city council that all or part of such future width is unwarranted.
B.
Where no setback is required, no such structure shall be located nearer to the lot boundary than the future width line.
C.
Such future width lines are established as set forth below, except as may be indicated otherwise on an official highway map:
1.
Mid-section lines, twenty feet plus one-half of the right-of-way width for a collector street;
2.
Section lines, twenty feet plus one-half of the right-of-way width for an arterial street;
3.
Federal aid, state or federal highways, forty to sixty feet, depending upon topography, on each side of such existing or projected centerline.
(Ord. 97-900 § 20 (part); Ord. 93-609 § 5)
A.
Temporary buildings, structures and/or uses are permitted in any zoning district, in accordance with the provisions listed below.
1.
The development services director shall have the authority to issue a temporary use permit for travel trailers, recreational vehicles, construction offices, utility trailers and security fencing used only in conjunction with construction work and during the time of a valid building permit.
a.
Any temporary use permit issued shall, in the case of single-family home construction, be limited to one travel trailer or one recreational vehicle.
b.
A temporary use permit for commercial, industrial or multiple-family construction shall be limited to one residential trailer or recreational vehicle for a watchman or manager quarters, one construction office and one utility vehicle or trailer for each major building trade, limited to a total of four utility vehicles or trailers for each project.
c.
The temporary use permit issued shall be issued for the anticipated time of construction and shall not exceed one year. Requests for additional time may be submitted to the development services director.
d.
A request for an extension of time shall be considered as a conditional use permit in accordance with application procedures outlined in Chapter 17.08. Additionally, the applicant must furnish proof that construction is being diligently pursued to completion and indicating that the need for such a use continues to exist.
e.
Unless a temporary use permit is extended by said conditional use permit, all temporary facilities shall be removed from the property upon expiration of the temporary use permit or conditional use permit, or within ten days after completion of the construction work, whichever occurs first.
f.
All temporary facilities installed as specified in this section shall be served by available public utilities and shall be installed to be in compliance with all currently effective city, county and state health regulations applicable thereto.
2.
The development services director shall have the authority to issue a temporary use permit for model homes and temporary real estate offices/complexes.
a.
Temporary real estate offices/complexes shall only be located in new subdivisions.
b.
Model homes may be located in any subdivision.
c.
Model homes or temporary real estate offices/complexes shall be subject to the height, yard, and intensity of use regulations for the district in which it is located.
d.
Any signage used to advertise the model homes or temporary real estate office/complex and products available within the subdivision shall comply with Chapter 17.42 of the city code.
e.
Front and front side yards shall be landscaped and at all times be maintained free of debris, trash, weeds, etc. and in accordance with Chapter 17.48 of the city code.
f.
If a driveway/parking area is provided on the lot with the temporary real estate office/complex or on an adjacent lot, the areas shall be surfaced in accordance with Chapter 17.44 of the city code and the engineering procedures manual.
g.
The real estate broker and/or builder represented by the model home shall have a principle place of business that is located off site in an approved location. This requirement shall not apply to model homes located in new subdivisions.
h.
The temporary use permit issued shall be issued for a period of three years. Requests for additional time may be submitted to the development services director. A request for an extension of time shall be considered as a conditional use permit and processed in accordance with the application procedures outlined in Chapter 17.08.
(Ord. No. 2011-4, § 1, 4-19-2011; Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2003-57, § 2; Ord. 97-900, § 20 (part); Ord. 97-857, § 1; Ord. 92-525, §§ 1, 2; Ord. 89-216, (part); Ord. 88-175; prior code § 13.3.18)
Livestock, as defined under Chapter 6.04 of this Code, shall be allowed on lots which are one acre or larger in size and shall be limited to two such livestock per acre. "Poultry" within that definition, and for purposes of this section, does not include the chicken, gallus domesticus, which is regulated under Chapter 6.12 of this same Code. All such livestock, where permitted, shall be kept in conformance with Title 6 of this Code.
(Ord. No. 2023-14, § 5-16-2023; Ord. 97-900 § 20 (part); prior code § 13.3.19)
A.
Home occupations are permitted in residential zoning districts subject to the regulations listed below.
1.
A home occupation shall be conducted within a dwelling or accessory building and shall clearly be incidental to the use of the structure as a dwelling.
2.
There shall be no storage of equipment or supplies associated with the home occupation outside the dwelling.
3.
The parking of more than one commercial vehicle of a capacity of two tons or less, and commercial excavating equipment, or the parking of a commercial vehicle of more than two-ton capacity, on any lot associated with the home occupation shall be prohibited.
4.
There shall be no display of products visible in any manner from the outside of the dwelling.
5.
There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation.
6.
No advertising displays shall be permitted.
7.
No commercial telephone directory listing, internet, social-media, newspaper, radio, or television service shall be used to advertise the location of a home occupation to the general public.
8.
No one outside the family shall be employed in the conduct of the home occupation.
9.
The use shall not require additional off-street parking spaces for clients or customers of the home occupation.
10.
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, or odor detectable to the normal senses off the property.
11.
No equipment or process shall be used in a home occupation which creates visual or audible electrical interference in any radio or television receiver off the premises.
12.
The activity shall be limited to the hours between seven a.m. and ten p.m.
13.
No business shall be conducted which requires delivery vehicles to the home not customary to a residence.
14.
A home occupation must comply with requirements of all other regulatory agencies.
15.
A business license shall be necessary for each home occupation.
(Ord. No. 2017-02, § 4, 2-21-2017; Ord. 97-900 § 20 (part); Ord. 97-889 § 2)
A.
Garage/yard sales shall be permitted in any residential district subject to the provisions set forth below.
1.
No more than six garage/yard sales shall be conducted on the same premises in any calendar year.
2.
Each garage/yard sale shall not be conducted for longer than three days.
3.
Garage/yard sales shall be conducted only during daylight hours.
4.
At times other than during the garage/yard sale, all items offered at the sale and other items incidental to occupancy of the dwelling, shall be contained within an enclosed garage or accessory storage building.
5.
All signs used to advertise the garage/yard sale shall comply with Section 17.42.050(A)(8) of this code.
(Ord. No. 2013-1, § 1, 2-5-2013; Ord. 2002-55 § 3: Ord. 98-922 § 1)
A.
Dwelling or sleeping in any parked recreational vehicle within the city is prohibited, unless the recreational vehicle is parked in a recreational vehicle park.
B.
This prohibition shall not apply to recreational vehicles lawfully parked at a private residence and used exclusively by the owner or guests for a period not to exceed fourteen days in a calendar year.
C.
Recreational vehicles shall not be hooked to sewer and water facilities when parked on a private residence, except as permitted in subsection B. of this section.
(Ord. 2018-24, § 1, 11-20-2018; Ord. 2004-15 § 1: Ord. 98-942 § 1)
A.
Generally.
1.
A mobile food vendor as defined under Section 17.04.514 herein may operate in any zoning district so long as the vendor possesses a city business license and the license required by the State of Arizona for mobile food vendors.
2.
Use of the home address for the business license requires the applicant to establish a home occupation as defined under Title 17 of this same code.
3.
A mobile food vendor is not authorized to operate within established city parks or municipal parking lots absent applying for and being issued a separate licensing agreement under terms and conditions as authorized by the city manager. A mobile food vendor operating under a license must also possess a business license required by Title 5 of this same code.
4.
Mobile food units must be self-contained and not be connected to any water, wastewater or electrical source that is not part of the mobile food unit.
5.
A mobile food vendor is subject to state law and city code pertaining to traffic regulation and the standing or parking of vehicles. The specific listing of any particular city code or state law within this Section 17.06.315 does not abrogate the effect of any other applicable provision.
B.
Hours of operation.
1.
A mobile food vendor shall not remain within any authorized parking area in the right-of-way from 7:01 p.m., through 5:59 a.m.
2.
Notwithstanding the permission of a person owning or having lawful control of private real property, a mobile food vendor shall not remain on private real property from 10:01 p.m., through 5:59 a.m.
C.
Operational conditions.
1.
In accordance with Section 17.06.020 of this same code, a mobile food vendor shall not be located within the sight triangle for corner lots or driveways.
2.
The parking area used by the mobile food vendor, including what would consist of anticipated reasonable foot traffic of customers to and from the mobile food vendor, must be surfaced in accordance with Section 17.44.070(A) of this same code.
3.
A mobile food vendor must provide a at least one thirty-gallon trash receptacle in the vicinity of the mobile food unit for the deposit of waste materials generated by customers in connection with the mobile food vendor. The mobile food vendor is responsible for the removal of the waste generated and the receptacle upon leaving the area or space upon which the mobile vendor is parked, and depositing the waste at an authorized waste disposal location. The area must be maintained clean and free from litter, garbage or other waste related to the mobile food vending operation.
4.
A mobile food unit shall have adequate lighting during hours of darkness to ensure customer safety in the vending area. Lighting shall be directed downwards and away from the right-of-way and adjacent properties.
5.
A mobile food vendor must provide at least one hand sanitizer dispenser attached to the exterior of the mobile food unit.
6.
A mobile food vendor must cease all audible marketing activities, such as music and announcements while the mobile food unit is parked and providing services.
7.
A mobile food vendor is limited to signage installed and part of the mobile food unit.
8.
Mobile food vendor may not place tables or chairs for customer use outside of the mobile food unit.
9.
If a mobile food unit is parked in the right-of-way, no service to the public shall be made from the street side of the food unit.
D.
Conditions specific to private property.
1.
A mobile food vendor must obtain written consent of the property owner for operation on private property and provide proof of the written consent upon demand by city personnel.
2.
Mobile food units must be set back at least fifteen feet from the right-of-way.
3.
The mobile food vendor's use must not result in less than the parking spaces required by city code being available to the public or customers of the private property owner nor obstruct reasonable ingress/egress or other parking on the property necessary to public safety.
4.
The possession of a mobile food vendor license issued by the city or State of Arizona does not deprive any real private property owner of the right to control the owner's real property or its use pursuant to this chapter nor does it confer any other particular right or abrogate any duty imposed by law.
(Ord. 2018-24, § 1, 11-20-2018)
A.
The development services director may grant exemptions to the regulations set forth above based on:
1.
Lot size and dimensions;
2.
Amount of existing lot coverage and building locations;
3.
Surrounding uses;
4.
If the request involves the screening of the trash enclosure, written verification from the appropriate trash hauler stating that they will not be able to serve the property in question if the trash receptacle is enclosed.
B.
A request for an exemption shall be made on the city's application and as a minimum the following shall also be submitted:
1.
A fully dimensioned site plan of the subject parcel and any existing or proposed buildings;
2.
Square footage totals for lot(s), all buildings, landscaping and parking;
3.
Locations of all buildings, landscaping, and parking;
4.
Written text outlining why a hardship will be created if strict application of the regulations set forth herein are enforced;
5.
If the exemption involves the screening of the trash enclosure, written verification from the appropriate trash hauler stating that they will not be able to serve the property in question if the trash receptacle is enclosed.
C.
The development services director shall make a determination and notify the applicant in writing, within thirty days of the submittal.
D.
If the applicant wishes to appeal the development services director's decision, a request shall be submitted to the board of adjustment in accordance with the procedures set forth in Chapter 2.48 of this code.
(Ord. 2018-24, § 1, 11-20-2018; Ord. 2018-05, § 1, 4-17-2018)