Clarkdale City Zoning Code

CHAPTER 1

ZONING CODE OF THE TOWN OF CLARKDALE

Prior legislation: Prior code 1-4.

Section 1-010 Identity

This code shall be known as and may be cited as: “The Zoning Code of the Town of Clarkdale.” (Revised by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on )

Section 1-020 Purpose and Intent

A. This code is adopted and enacted under the authority and power of Article 6, Chapter 4, Title 9, Arizona Revised Statutes, for every purpose permissible under such statutes, but is not intended to be contradictory thereto or in violation thereof, and every reasonable construction is intended which may be required to avoid any such contradiction or violation.

B. The provisions of this code shall be interpreted and applied as minimum requirements for the promotion of the public’s health, safety, and welfare. Such provisions are intended to provide for adequate light, pure air, safety from fire and other danger, ample parking facilities and prevent undue concentration of population. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on )

Section 1-030 Scope

This code shall not repeal, abrogate, annul, impair, or interfere with existing provisions of other laws or ordinances unless specifically repealed by or in irreconcilable conflict with this code; or with private restrictions placed upon property by covenant, deed or other private agreement; or with restrictive covenants running with the land. Where this code imposes greater restrictions upon the use of land, buildings, or structures than is imposed or required by such existing provisions of law, ordinance, contract, covenant or deed, the provisions of this code shall control. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on )

Section 1-040 Zoning Districts

A. Classifications. For the purpose of this code, the Town of Clarkdale is hereby divided into districts as follows:

1. Single-family residential (R1).

2. Single-family residential alternate (R-1A).

3. Single-family residential limited (R-1L).

4. Single-family residential and multiple dwelling units (R-2).

5. Multiple family residential (R-3).

6. Manufactured home residential (R-4).

7. Manufactured home residential alternate (R-4A).

8. Suburban residential (RS3).

9. Central business (CB).

10. Commercial (C).

11. Industrial (I).

12. Open space (OS).

13. Arts and entertainment overlay (AE).

1. The boundaries and areas of these districts are hereby established as indicated by means of lines, symbols, figures expressing distance in feet otherwise on the Zoning Map adopted in Section 4 hereof and declared to be part of this code.

2. The indicated boundary lines are intended generally to follow existing property lines or street lines or as may be otherwise indicated on the Zoning Map.

3. Determination of Doubtful Lines. In case of doubt or disagreement concerning the exact location of a district boundary line, the determination shall be made by the Board of Adjustment.

4. Interpretation of District Boundaries. Where uncertainty exists with respect to the boundaries of any of the districts as shown on the Zoning Map, the Board of Adjustment shall adopt the following rules in resolving the issue:

a. Where Boundaries Approximately Follow Streets, Alleys or Highways. Where district boundaries are indicated as approximately following the center line or street line of streets, the center line or alley line of alleys, or the center line or right-of-way line of highways, such lines shall be construed to be such district boundaries.

b. Where Boundaries Parallel Street Lines, Alley Lines, or Highway Right-of-Way Lines. Where district boundaries are so indicated that they are approximately parallel to center lines or street lines of street, the center lines or alley lines of alleys, or the center lines of right-of-way lines of highways, such district boundaries shall be construed as being the center lines of said streets, alleys or highways at the time of the adoption of this Zoning Code. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.

c. Where Boundaries Approximately Follow Lot Lines. Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries.

d. Where the Boundary Follows a Railroad Line. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located at the middle of the right-of-way.

e. Where the Boundary Follows a Body of Water. Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be construed to be at the limit of the jurisdiction of the Town of Clarkdale, unless otherwise indicated.

f. Submerged Areas Not Included in District. All areas within the corporate limits of the Town which are under water and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water districts. The boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.

g. District Regulations Apply to Schools, Parks, Etc. Any areas shown on the Zoning Map as park, playground, school, cemetery, water, streets, or right-of-way, shall be subject to the zoning regulations of the district in which they are located. In case of doubt, the zoning regulation of the most restricted adjoining district shall govern.

h. Where Property Has Not Been Included in a District. Where property has not been specifically within a district, or where territory has become a part of the Town by annexation, the same shall be classed as lying and being in a district until such classifications shall have been changed by an amendment to the Zoning Code, as provided by law.

i. Vacation of Public Ways. Whenever any street, alley or other public way is vacated, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated area and that area shall then be subject to all regulations of the extended districts. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 1-050)

Section 1-050 General Provisions of Building and Uses

A. Future Changes. Zoning affects every structure and use. No building, structure, or premises shall be used or occupied, and no building or part thereof of other structures shall be erected, raised, moved, placed, maintained, reconstructed, extended, enlarged, or altered except in conformity with the regulations specified for the district, as shown on the official map, in which it is located.

B. Conformity of Buildings. No building, structure or premises shall be erected, maintained, altered or used so as to produce greater heights, smaller yards or less unoccupied area, and no building shall be occupied by more families than prescribed for such building, structure or premises for the district in which it is located.

C. Conformity of Open Spaces. No yard or open space, or part thereof, shall be included as part of the yard or open space similarly required for any other building, structure or dwelling under this code.

D. Ordinance Not Retroactive. If at the time of the enactment of the ordinance codified in this code any lot, building or structure is being used in the manner or for a purpose which does not conform to the provisions of this code and which is not prohibited by some other ordinance, such manner or use or purpose may be continued as provided in A.R.S. 9-462(B). Except that any person or corporation who has notice of this code during the time it is being considered, proceeds thereafter at his own peril if he thereafter proceeds contrary to this code.

E. Extending Existing Uses. Any existing, legal, nonconforming use may be extended throughout any part of a building which is arranged or designed for such use at the time of the enactment of this code.

F. Conditions Affecting Nonconforming Uses. The lawful use of any structure or land existing at the time a provision of this code becomes effective which provision makes the use or structure unlawful may be continued, although such use or structure does not conform with said provisions provided the following conditions are met:

1. Unsafe Structures. Nothing in this code shall prevent requiring the strengthening or restoring to a safe condition of any portions of a structure declared unsafe by a proper authority.

2. Alterations. A structure devoted to a nonconforming use may be altered, improved or reconstructed, provided such work does not exceed in aggregate cost fifty percent (50%) of the appraised value of the structure.

3. Changes. A nonconforming use may be changed to a no less restrictive nonconforming use provided all other zoning standards are met, including number of parking spaces, sign size, paved parking area, etc.

4. Restoration. Nothing in this code shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming structure damaged by fire, collapse, explosion, or acts of God, wherein the expense of such work does not exceed fifty percent (50%) of the value of the structure immediately prior to the occurrence of such damage, provided such reconstruction or rebuilding is started within six (6) months after damage is diligently pursued to completion.

5. Abandonment. A nonconforming use of a structure or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned:

a. When the intent of the owner to discontinue the use is apparent or non-use has continued for six (6) months, or;

b. When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within six (6) months unless other facts show intention to resume the nonconforming use; or

c. When it has been replaced by a conforming use, or when it has been replaced by another nonconforming use of a more restrictive zoning district.

a. When a provision of this code makes a legal use nonconforming and when a written application by the property owner is made to the Community Development Department within one (1) year after noncompliance, the Community Development Director or designee shall issue a certificate of nonconforming use to the property owner.

b. No use of land, or structures, shall be made other than that specified on the certificate of nonconforming use.

c. A copy of each certificate of nonconforming use shall be filed with the Community Development Department. No building occupation permit or license shall be issued to any property for which a certificate of nonconforming use has been issued until the certificate is filed and the permit or license has been approved.

7. District Change. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provision shall also apply to any use and structures made nonconforming by such change. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 1-050)