Clarkdale City Zoning Code

1. Permitted Uses. Those uses listed as “permitted uses” shall be allowed to be established within any zoning district in which they are listed, subject to the specific requirements of this code. All other uses shall be prohibited except as otherwise provided in this code.

2. Conditional Uses. Uses identified as “conditional” within a zoning district may be allowed only upon approval of a conditional use permit.

3. Accessory Uses. Accessory uses and structures are permitted in any zoning district where a principal use is lawfully established, provided such accessory use is incidental and subordinate to the principal use; is located on the same lot as the principal use; and does not alter the character of the principal use.

4. Unspecified Uses. If a proposed use is not specifically identified within a zoning district, the Planning and Zoning Commission shall determine the most appropriate classification based on similarity in character, intensity, and impact to listed uses. Such determination shall be made through minute action. In making its decision, the Commission shall consider the purpose and intent of the zoning district and comparable listed uses.

1. A lot lawfully created and recorded prior to the effective date of the ordinance codified in this code may be developed with a permitted use within its zoning district, even if the lot does not meet current minimum lot area or width requirements.

2. Development on such lot shall comply with all applicable setback, lot coverage, height, and other dimensional standards unless otherwise authorized.

3. Where two (2) or more contiguous lots under common ownership are proposed to be developed with a building that would cross lot lines, the lots shall be legally combined prior to submittal of development or building permit applications.

4. Lots proposed for combination shall have the same zoning designation prior to approval of the lot combination.

5. Any lot that has more than one (1) zoning designation shall be rezoned to the appropriate zoning district prior to any other project related approvals.

1. No lot shall be divided in a manner that results in a parcel that fails to comply with the standards of this code.

2. Lots may be divided or combined only in accordance with the procedures established in Chapter 12 (Subdivision Regulations) or other applicable Town procedures.

1. All newly created lots shall:

2. No building permit shall be issued for a lot that does not have direct frontage on a dedicated public street unless:

3. As a condition of rezoning or development approval, the Town may require dedication of rights-of-way, utility easements, or other public improvements reasonably necessary to serve the proposed development, subject to the Town’s Engineering Standards.

1. Land determined by the Community Development Director or Planning Commission to be unsuitable for development due to conditions including but not limited to flood hazards, concentrated or inadequate drainage, unstable soils or rock formations, steep or hazardous topography, low percolation rates, insufficient bearing capacity, erosion potential, or other physical conditions that may endanger public health, safety, or welfare shall not be developed until such conditions are adequately addressed.

2. Approval of development may be conditioned upon implementation of corrective measures, construction standards, or ongoing maintenance requirements necessary to ensure site stability and public safety.

1. No building or structure shall be erected, constructed, reconstructed, enlarged, relocated, or structurally altered except in compliance with the yard, lot, area, height, and building placement standards applicable to the zoning district in which the property is located, unless expressly authorized elsewhere in this chapter. Required open space and yard areas shall not be reduced below the minimum standards established for the zoning district.

2. Required Yards.

3. Projections Into Required Yards. The following architectural features may encroach into required yards, subject to the limitations below and compliance with applicable building and fire codes:

4. Porches, patios, steps and balconies that provide a transition between interior and exterior spaces are permitted, subject to the following standards:

1. General Requirements Fore Detached Accessory Structures in Residential Zones (Not Including Accessory Dwelling Units).

2. Accessory Structures in Commercial and Industrial Zoning Districts.

3. Attached Accessory Structures.

4. All accessory structures, whether attached or detached, shall comply with the development standards of the zoning district in which they are located.

5. Multiple dwelling units are required to have storage facilities as follows:

1. No recreational vehicle shall by any definition be deemed a residence, and use of such as a residence is prohibited in all zoning districts except in accordance with subsection B.2 of this section.

2. Recreational vehicles may be used as temporary residences during construction and only so long as a valid building permit for construction remains in force, and not to extend beyond the date of the issuance of a certificate of occupancy. Power for the recreational vehicle shall be provided through the establishment of a temporary power connection of adequate amperage, on a freestanding pole of adequate construction.

3. No certificate of occupancy shall be issued until the developer can demonstrate compliance with all health laws and regulations of the State of Arizona and Yavapai County.

4. Each lot, parcel, or tract of land used for a campground or RV park shall have a minimum of three (3) acres.

5. Service buildings associated with the campground or RV park, including utilities, management office, repair shop, equipment storage, sanitary facilities, laundry facilities, and recreational facilities are permitted accessory uses. Maximum building height shall not exceed two (2) stories or thirty-five (35) feet, regardless of zoning district.

6. Campgrounds shall provide plumbed sanitary facilities in a permanent structure and shall provide one (1) men’s and one (1) women’s, or two (2) all-gender (separately locking) toilets, lavatories, and showers for each fifteen (15) spaces, subject to the requirements of the adopted building and plumbing codes.

7. No campground or RV park space, site, or plot shall be occupied unless and until thirty percent (30%) of the total planned area or ten (10) spaces, sites, or plots are completely prepared and equipped for use in all respects, as well as all driveways, on-site circulation features, laundry facilities, and bath, wash, and toilet facilities.

8. A financial assurance may be required at the discretion of the Community Development Director.

1. Each camping space shall have an area of not less than one thousand (1,000) square feet, and a width of no less than twenty-five (25) lineal feet.

2. Maximum lot coverage, including all buildings, RV spaces and campsites, and paved areas shall not exceed the greater of sixty percent (60%) of the lot area or the maximum allowable lot coverage of the lot’s zoning designation.

3. The maximum density shall be twelve (12) sites per acre.

4. All utility lines, cable TV and electric transmission lines under twelve thousand (12,000) volts shall be placed underground within a campground or park.

5. On-site circulation and parking shall be as follows:

6. The minimum distance from any portion of the camping or RV space from lot lines shall be as follows:

7. Landscaping and signage requirements are as follows:

1. The street frontage property line; and

2. The intersecting side street property line; and

3. A straight line connecting points measured twenty-five (25) feet along each property line from their point of intersection.

1. A fence permit shall be required before a fence or wall may be constructed, reconstructed, or altered within the Town of Clarkdale.

2. A legible drawing shall be submitted showing all fence dimensions, gates, lot lines, setbacks, meter boxes and buildings on the property and all adjacent streets and alleys. The drawing shall also indicate the height of the fence and the type of materials from which it is to be constructed. Block or concrete wall may be subject to additional requirements per adopted building codes.

3. Fences intended for the keeping of livestock within agricultural zoning districts shall be exempt from permit requirements; however, shall comply with all applicable height, location, and safety requirements of this chapter.

4. Existing fences, with a previously approved permit, may be reconstructed, repaired, or replaced if done in the same manner, and with the same materials as indicated on the previously approved permit.

1. Fences located in front yards:

2. Fences located along street side yards (corner lots) and exterior side yards (reverse corner lots):

3. No fence shall exceed six (6) feet in height in any rear or interior side yard.

4. Fences exceeding the above heights may be built around schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof.

5. Fences within Industrial districts may exceed the above heights with design review approval.

6. The height limitations shall not apply when fences of greater height are approved through design review to provide adequate screening.

7. Maximum fence height in residential districts may not exceed six (6) feet, except at gated entryways, where pillars or posts and a single crossbar only may exceed such six (6) foot height.

8. All fences exceeding six (6) feet in height must meet minimum standards for wind load and design standards, as certified by a State of Arizona licensed engineer.

1. Mixed Use Developments. Required off-street parking spaces shall be the sum of those for individual uses, unless it is demonstrated that intended uses are compatible for shared parking facilities.

2. Uses Not Mentioned. The required off-street parking for any building, structure or use of land of a type not listed in this section shall be determined by the Community Development Director. The Community Development Director shall be guided by comparison with the parking standards for similar uses which are listed in this or other zoning codes.

3. Exempted Areas. Lots 1 through 10, Block 44, and lots 7 through 16, Block 45, Clarkdale Subdivision, are exempt from the standards specified in subsection B.1 of this section.

1. All off-street automobile parking facilities shall be designed with appropriate means of vehicular access to a street, alley or public thoroughfare, as well as necessary maneuvering areas adjacent to parking spaces.

Ingress, egress, internal traffic circulation, off-street parking and loading facilities, and pedestrian ways shall be designed so as to promote safety and convenience so that traffic visibility is not obstructed.

2. All driveways shall be of sufficient width to permit access into spaces, but in no case less than ten (10) feet wide for one (1) way travel and twenty (20) feet wide for two (2) way travel.

3. Each parking space shall consist of an area of not less than nine (9) feet in width by twenty (20) feet in length, except that the length may be reduced to eighteen (18) feet where the front or rear of a vehicle hangs over a berm or curb. No part of the vehicle shall extend over or beyond any property line. Parking spaces shall be exclusive of driveways required to make such space accessible from a street, alley or public thoroughfare.

4. A minimum space of ten (10) feet in width, thirty-five (35) feet in length, and fourteen (14) feet in height with access useable at all times to a street, alley, or public thoroughfare shall be deemed a loading space for one vehicle.

5. Surfacing. All off-street parking areas, except residential dwelling units, shall be surfaced with a permanent, dust free pavement striped to requirements herein.

6. Illumination. All light used to illuminate parking space shall be so arranged as to reflect the light away from adjoining lots in residential districts.

7. Parking areas with more than two spaces must be arranged so that it is not necessary for vehicles to back into the street.

8. Parking stalls and aisle layout must conform to the following standards:

9. In lots utilizing diagonal parking, the direction of proper traffic flow must be indicated by signs, pavement markings, or other permanent indications and maintained as necessary.

10. Parking areas for nonresidential use must be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Double stack (tandem) parking may be permitted for resident parking in conjunction with residential uses if both spaces are assigned to the occupants of the same dwelling unit.

11. Provisions must be made to restrict the overhang of parked vehicles when it might restrict traffic flow on adjacent through roads, restrict pedestrian or bicycle movement on adjacent walkways.

1. Off-street parking space required herein shall be located on the lot, except that required parking space for any use amounting to ten (10) such spaces or more may be located in any permissible location not farther than three hundred (300) feet distant in a direct line from the nearest part of such use. A parking agreement approved by the Town is required if parking is to be located off site.

2. Parking lots should be located to the side or rear of the building. Parking lots should not be located between the building and the street.

3. The use of shared parking, shared driveways, and the cross-connection of parking lots is encouraged. A shared parking agreement approved by the Town is required if parking is to be shared.

4. Parking lots on adjoining lots may be connected by access ways not exceeding twenty-four (24) feet in width. No parking or maneuvering will take place in the setback areas.

5. Spaces utilized for ingress and egress for a parking area shall not exceed forty (40) feet in width measured along the street frontage and shall not constitute more than fifty percent (50%) of the total frontage of the parking area.

6. All parking spaces, access drives, and impervious surfaces must be located at least five (5) feet from any side or rear lot line, except where standards for buffer yards require a greater distance.

7. No parking spaces or asphalt type surface shall be located within five (5) feet of the front property line.

8. All garages or other space allocated for the parking of vehicles, within buildings, basements or on roofs of buildings, shall be considered part of the off-street parking facilities and may be included as such in computing the parking area requirements.

9. Exceptions. The Community Development Director may administratively approve a reduction of up to fifty percent (50%) of required off-street parking for nonresidential uses located within three hundred (300) feet of a Town of Clarkdale owned public parking lot, as measured from the building entrance to the parking lot. Appeal of the decision of the Director shall be to the Planning Commission.

10. Location. Required off-street parking shall be located within three hundred (300) feet of the building or use it is intended to serve; the distance being measured along the street line from the nearest point of the building or use to the nearest point of the parking lot.

11. Off-Site Parking. The Community Development Director may approve the location of required off-street parking spaces on a separate lot from the lot on which the principal use is located subject to the following conditions:

12. Off-street parking spaces shall be situated in a manner which will not result in automobiles backing onto a public street, except the Community Development Director and the Town Engineer may administratively waive this requirement under the following conditions:

13. Surfacing.

14. Fire Lanes.

15. Access.

16. The Town will require engineered plans for grading, parking space and striping design, drainage retention/detention facilities, culvert location and size, etc., for off-street parking facilities within the Town of Clarkdale and must be designed by a registered professional engineer. These plans may require the need for a hydrologic study by a licensed professional in conformance with the Yavapai County Drainage Criteria Manual.

17. The Town Engineer shall review such plans for adequacy and may require additional documentation. If the submitted plan is approved by the Town Engineer, no design changes for construction will be permitted unless approved by the Town Engineer.

18. Upon completion of the development of the parking area and other required physical improvements, the developer’s engineer of record shall provide and certify a set of “as-built” construction plans to the Town Engineer, stating that all the required improvements have been completed in conformance to the specifications and standards as submitted for construction. This shall include horizontal as well as vertical verification of improvements.

19. No certificate of occupancy shall be issued until the “as-built” plans have been submitted and approved by the Town Engineer.

20. Reduction of Requirements. Requests to reduce the otherwise applicable parking requirements may be granted by the Community Development Director after the applicant shows that:

1. In a Central Business, Commercial and Industrial district, every building erected on an interior lot, extending back to an alley or on a lot eighty (80) feet or more in depth, located at the intersection of a street with an alley shall provide on such lot adequate space for loading and unloading of trucks and commercial vehicles serving such building. Such loading space, unless otherwise adequately provided for, shall include a rear yard space extending at least fourteen (14) feet in height above the grade of the alley and at least twenty-five (25) feet in depth back from the alley line, along fifty percent (50%) of such alley frontage of an interior lot and along twenty percent (20%) of such alley frontage of a lot eighty (80) feet or more in depth located at the intersection of a street with an alley.

2. A loading space requirement may be modified or waived by the Board of Adjustment on application in the case of a bank, theater, assembly hall or other buildings of limited loading space requirements.

1. Purpose. These standards are intended to ensure bicycles may be parked and stored in a manner that is safe, convenient and secure.

2. Applicability. The provisions of this section shall apply to all buildings, site plans, landscape plans and other plans which are to be hereafter developed within the Town of Clarkdale, as follows:

3. Existing Properties. The provisions of this section shall apply to proposed expansion and modification of existing commercial, civic and institutional development that is subject to the design review process, where such changes otherwise require additional vehicle parking spaces. Bicycle parking facilities shall be required at a minimum based on the extent of expanded on-site parking requirements.

4. Exempt Uses. Certain uses shall be exempt from bicycle parking requirements, including residential uses, historic properties and districts, self-storage facilities and where determined as not practical or feasible.

5. General Standards.

6. Location Criteria. Required bicycle parking shall be:

7. Number of Spaces.

8. Bicycle Racks. Bicycle racks shall comply with the following criteria:

9. Exceptions. The Community Development Director or designee may allow exceptions to the standards based on a finding that the proposed location or use is consistent with the best practices pertaining to bicycle parking, particularly in regard to visibility, security, and convenience for bicyclists. Modifications to standards may be considered as follows:

10. Shade and Weather Protection. Bicycle parking facilities are encouraged to provide shade and weather protection where feasible, including locating to take advantage of building shade, under roof overhangs, canopies, awnings, near large shade trees, or inside buildings or in bicycle lockers, or within or under other structures.

11. Signage. On-site signs providing direction to bicycle parking facilities may be installed subject to the provisions of Chapter 7, Signage.

12. Lighting. Bicycle parking facilities located outdoors are encouraged to provide night lighting for safety and security. Where provided, outdoor lighting must be in compliance with Chapter 8, Outdoor Lighting .

1. Residential Uses.

2. Office and Service Uses.

3. Retail Sales and Services.

4. Education, Religious, Recreation, Assembly.

5. Industrial Uses.

1. The pedestrian network may be located either in the street right-of-way or outside of the right-of-way in open space or recreation areas. The system must be designed to link the project with residential, recreational, and commercial facilities, schools, bus stops, and existing sidewalks in the neighborhood or, when appropriate, to connect with amenities such as parks or open space on or adjacent to the site.

2. Sidewalks. Where a proposed project driveway interrupts an existing or planned public sidewalk, the sidewalk material must continue to be maintained across the driveway, or the driveway must be painted to distinguish it as a sidewalk.

1. Access Into the Site. Vehicular access to and from the development must be safe and convenient.

2. Access Way Location and Spacing. Access way must meet the following standards:

3. Internal Vehicular Circulation. The layout of the site must provide for the safe movement of passenger, service, and emergency vehicles through the site.

1. Facility shall be owner-occupied with no more than fifty percent (50%) of the floor area of the primary structure used for guest quarters or bed and breakfast purposes.

2. State and County Health Department approval and permits are required.

3. Building shall meet the requirements of the International Building Code.

4. When changing the use or occupancy, both zoning compliance check and building safety clearance is required prior to commencement of the use.

5. No more than three (3) guest units shall be available for rent at any time.

6. A guest unit consisting of more than one (1) room shall not be constructed, converted, or modified so as to permit division into separate guest units.

7. In addition to the required parking, per zoning code district, one (1) parking space per guest unit shall be provided on site in accordance with the parking standards of this code.

8. One (1) sign, for identification purposes, not exceeding the size permitted per zoning code district, may be attached to the primary structure or placed in the front yard no higher than three (3) feet above grade.

9. A current business license is required.

1. Facility shall be owner-occupied with no more than seventy-five percent (75%) of the floor area or structural coverage to be used for guest quarters or bed and breakfast purposes.

2. Building shall meet the requirements of the International Building Code.

3. When changing the use or occupancy, both zoning compliance check and building safety clearance are required prior to commencement of the use.

4. No more than five (5) guest units shall be available for rental at any time.

5. A guest unit consisting of more than one (1) room shall not be constructed, converted, or modified so as to permit division into separate guest units.

6. In addition to the required parking, per zoning code district, one (1) parking space per guest unit shall be provided on site in accordance with the parking standards of this chapter.

7. One (1) sign, for identification purposes, not exceeding the size permitted per zoning code district, may be attached to the primary structure or placed in the front yard no higher than three (3) feet above grade.

8. A current business license is required.

1. Installation of commercial kitchen facilities, as well as acquisition of necessary permits per county and State Health Department requirements.

2. Building shall meet the requirements of the International Building Code.

3. When changing the use or occupancy, both zoning compliance check and building safety clearance required prior to commencement of the use.

4. Signage shall meet applicable sign code standards.

5. In addition to the required parking, per zoning code district, one (1) parking space per guest unit and employee shall be provided on site in accordance with the parking standards of this code.

6. A current business license is required. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26)

1. Permit Application. The application shall follow all design review submittal requirements, in addition to:

2. Permit Process. All sidewalk café applications shall be reviewed and approved by the Planning Commission for compliance with design review regulations prior to commencement of operations of the sidewalk café. DRB application fees are one (1) time unless the operator wishes to make significant changes (i.e., to the approved layout) such as increasing the number of tables or area of service or overall theme/design of the café. Appeals of the application decision by the Planning Commission may be made by the applicant to the Board of Adjustment within fifteen (15) days of the meeting at which the decision is made.

1. All permitted encroachments shall maintain a minimum clear distance of sidewalk width of five (5) feet.

2. No outdoor cooking of any type is permitted within the sidewalk café area.

3. All services to support sidewalk cafés shall be supplied from within the adjacent building. Temporary service equipment such as beverage containers or welcome stands may be used if included in the design review approval.

4. No amplified music is permitted within the sidewalk café area. Single acoustic instruments such as a guitar will be allowed so long as musicians have a contractual arrangement with the owner.

5. Liquor Service. Each sidewalk café serving alcoholic beverages shall provide all services in compliance with relevant local, state, and federal laws, including but not limited to the compliance with State Liquor License requirements and the verification of the legal drinking age of all patrons. No alcoholic beverages shall be removed from the sidewalk café in which they were served. Food service shall be available at all times commensurate with alcohol service. The operator of the sidewalk café shall comply with all barriers as may be required with an extension of premises of the relevant liquor license.

6. Health Codes Compliance. Each sidewalk café shall ensure compliance with all applicable Yavapai County Health Codes and obtain any necessary extension/expansion permits required by the county.

7. Trash Removal. The operator of the sidewalk café shall ensure all trash is removed from the sidewalk café area at the close of operating hours daily.

8. Sidewalk Café Location Restrictions. The café shall not block or restrict the sidewalk to less than applicable Americans with Disabilities Act (ADA) requirements or block the ingress/egress to any building. Also, no items shall be placed so as to block any doorway, driveway, crosswalk, or counter service window. Clearances should take into consideration nearest immovable object on the sidewalk. The encroachment area shall not extend laterally beyond the business’s building frontage.

9. Smoking. The availability of smoking areas shall be in compliance with applicable federal, state and local laws.

10. Any outdoor heating devices need Fire District and Building Official review and approval.

11. The Town may temporarily suspend an encroachment permit or a sidewalk café approval when construction, street repair, or utility work in the area would create a hazard.

1. Applicant will be required to submit plans that demonstrate that the proposed project meets the standards set by the Arizona Department of Water Resources for golf courses in the active management areas including limiting water usage to no more than five (5) irrigated acres per hole times the turf water allotment presented in the water allotment table.

2. Applicant to obtain a report of physical availability of water from the Arizona Department of Water Resources demonstrating an adequate water supply for the entire development including the golf course prior to recording the final plan/final site plan and prior to construction of the golf course.

3. Applicant to demonstrate that the proposed development will be of an appropriate size and scale and reasonable or appropriate for a given area to generate sufficient effluent or re-use water to meet the entire irrigation needs of the golf course or demonstrate that an alternative supply of effluent or other renewable source of water will be available.

4. Applicant will be required to submit a water balance study to demonstrate that sufficient water supply other than groundwater will be available for use on the golf course. The format and standard assumptions and criteria will be used as a guide to complete the water balance study.

5. Applicant will be required to conduct a monitoring program as it pertains to surface water and groundwater quality and quantity. The monitoring program will be developed in concert with the appropriate approval authorities.

6. Applicant will be required to conduct monitoring program as it pertains to the performance of the wastewater treatment plant including effluent discharge quality and quantity for review and approval by the Community Development Department and Building staff or other appropriate agencies.

1. Emphasis shall be placed upon the design of irrigation, drainage and retention systems that provide for the efficient use of water. Drainage and storm water retention systems should be incorporated to help provide for both the short- and long-term irrigation needs of the maintained turf and the un-maintained areas of the course. Storm water retention systems may require an appropriate surface water right from the Arizona Department of Water Resources.

2. The course shall be designed with sustainable maintenance in mind. The design shall incorporate resource conservation strategies that are environmentally responsible, efficient and cost effective.

1. Water Allotments. Five (5) irrigated acres per hole is the maximum acreage allotment, except when considering a previous water right allotment for surface water rights. The allotments presented in the table are for purposes of calculating the water balance for the facility and assume a seventy-five percent (75%) efficient irrigation system. If the applicant cannot meet the water requirements of a typical golf course with effluent, consideration will be given for a demonstration of reduced water use (for example, reducing the area irrigated).

2. Water Allotments for Turf Facilities.

3. Leaching Requirement. Turf may require the occasional leaching of salts from the root zone. Although treated effluent may not be as efficient as groundwater, even low quality water can be appropriately used for leaching. If the applicant believes that a leaching allotment is necessary, the applicant will have to demonstrate a sufficient amount of renewable water supply. The standard equation utilizing electrical conductivity of the water shall be used to compute the leaching requirement.

4. Effective Precipitation. Precipitation that is effective in offsetting the irrigation water demands is included in the water allotments in the table above. Consideration will be given if the applicant can demonstrate an additional amount of precipitation is effective in offsetting irrigation demands.

5. Additional Precipitation Allowance. If the applicant plans to capture additional runoff or off-site precipitation for use on the golf course, the applicant shall demonstrate adequate storage capacity, probability and volume of the captured water, and legal right to conduct the capture activity.

6. Effluent Production. The standard water requirements of a new housing development shall be computed according to the standard water use rates specified in the Prescott AMA Third Management Plan. Only the interior water use requirements (interior gallons per capita-day) will be considered to be a contribution to the effluent re-use system. Outside water use will be considered lost and non-recoverable. An average value of 2.5 persons per household will be the standard housing unit occupancy level. Consideration will be given if the applicant has good evidence that the development water use and effluent capture rates are different from the values presented.

7. Seasonal Fluctuations. Typical golf course water requirements have a peak water use period during the hot-dry part of the summer that is much greater than the average annual water use. However, effluent production does not typically match this high peak. The applicant should demonstrate that available effluent is sufficient to meet the summer peak water use requirements of the golf course (approximately one (1) acre-foot/acre during the one month period from June 15th to July 15th, or three (3) acre-feet/day for a ninety (90) acre golf course). (Revised by Ordinance #454 on 5/12/26; effective 6/11/26)

1. The purpose of this section is to regulate the placement, construction, and modification of wireless communication facilities in order to:

2. This section shall be interpreted and applied consistently with the Telecommunications Act of 1996, the Spectrum Act, and applicable federal Communications Commission (FCC) regulations.

3. Nothing in this section shall be interpreted or applied in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services, consistent with 47 U.S.C. § 332(c)(7).

1. This section applies to all wireless communication towers, monopoles, antennas, small wireless facilities, and related equipment installed within the Town.

2. Amateur radio antennas and receive-only antennas used for residential purposes are exempt from this section but shall comply with applicable height limits and building codes.

3. The Town shall not regulate the placement, construction, or modification of wireless communication facilities on the basis of radio frequency emissions where such facilities comply with FCC regulations concerning such emissions.

1. New Towers. Construction of a new wireless communication tower shall require a conditional use permit and design review approval.

2. Co-location. Co-location on an existing tower or structure that does not constitute a substantial change shall be subject to administrative review.

3. Small Wireless Facilities. Small wireless facilities shall be reviewed administratively in accordance with federal and state law.

4. Eligible Facilities Requests.

1. Preferred Siting Hierarchy. Applicants shall demonstrate that the following siting preferences have been evaluated:

2. Residential Areas. New towers shall not be permitted within residential zoning districts unless the applicant demonstrates that no feasible alternative location exists and that visual impacts are mitigated to the greatest extent practicable.

3. Highway Corridor. Wireless communication facilities located within five hundred (500) feet of the centerline of State Route 89A shall be subject to enhanced design review standards to minimize visual impacts; however, such facilities shall not be categorically prohibited where the applicant demonstrates a significant coverage gap or capacity need consistent with federal law.

4. Required Yards. Towers shall not be located within required front yards.

1. Towers shall comply with the setback requirements of the underlying zoning district.

2. Unless otherwise required by federal law, a tower shall not be located closer to a residential dwelling than a distance equal to the height of the tower unless approved through conditional use permit with findings of necessity and mitigation.

3. Towers shall not exceed the maximum height permitted in the zoning district unless approved through conditional use permit upon demonstration of need.

1. Visual Impacts. All wireless communication facilities shall incorporate stealth or concealment techniques to minimize visual impacts, including:

2. Equipment Enclosures. Ground-mounted equipment shall be screened by walls, fencing, or landscaping sufficient to prevent visibility from public rights-of-way and adjacent residential properties.

3. Lighting. Towers shall not be illuminated except as required by the federal Aviation Administration (FAA) or other governmental authority. Security lighting, if provided, shall be fully shielded.

4. Signage. Only signage required by federal law or necessary for safety identification shall be permitted.

1. An accurate site plan showing tower location, height, setbacks, and supporting facilities.

2. A coverage map demonstrating existing facilities within ten miles and identifying the service gap addressed.

3. Scaled elevation drawings of the proposed tower and equipment, including concealment features.

4. Environmental review documentation as required by federal regulations.

5. Proof of FCC license or authorization.

6. A signed certification that the facility will comply with FCC radio frequency emission standards.

7. Letter of authorization from the property owner.

1. A wireless communication facility that is not operated for a continuous period of one hundred eighty (180) days shall be considered abandoned.

2. The owner shall remove the facility within ninety (90) days after notice from the Town.

3. Failure to remove an abandoned facility shall constitute a violation of this code, and the Town may remove the facility at the owner’s expense. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26)

1. A temporary use permit (TUP) shall be required for all temporary uses and structures. Permits are provided through administrative review by the Community Development Department.

2. Permit applications shall be submitted at least thirty (30) days prior to commencement of temporary uses. The Community Development Director may waive this requirement if special circumstances are determined to apply.

3. Notices of the temporary use permit application will be sent to surrounding property owners within three hundred (300) feet with direction to provide comments to the Community Development Department.

4. Temporary use permits shall be issued for a maximum of ninety (90) consecutive days. Temporary uses exceeding ninety (90) days within a calendar year shall require conditional use permit approval. The Community Development Director may approve up to two (2) extensions not exceeding thirty (30) days each.

5. The fee for a temporary use permit shall be as established by Clarkdale Town Council.

1. Temporary uses and structures shall comply with the following general requirements, as determined by the Community Development Director:

2. Informal activities such as garage sales, neighborhood parties and other informal, noncommercial events do not require a temporary use permit.

3. Special events do not require temporary use permits but are subject to the requirements of Town Code Article 8-4.

4. The Community Development Director may revoke a temporary use permit upon determination that the use violates the conditions of approval, creates a nuisance, or poses a threat to public health, safety, or welfare.

5. Decisions by the Community Development Director may be appealed to the Board of Adjustment. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26)

1. Measurement Criteria.

1. No work shall commence before 5:00 a.m. nor continue past 7:00 p.m. Monday through Friday; except that the pouring of concrete may begin at 4:00 a.m. on those days.

2. No work shall commence before 7:00 a.m. nor continue past 7:00 p.m. on Saturdays and Sundays.

3. Any contractor, subcontractor, tradesman, materials supplier, owner, or bona fide representative or employee of any of the above who is present at the job site at the time of a violation will be held responsible.

4. The Community Development Director, Building Official, or Public Works Director may authorize extended hours where necessary to protect public health, safety, and welfare or to avoid substantial loss or inconvenience. Conditions may include limitations on equipment, hours, and noise levels.

5. Emergency work necessary to prevent injury, property damage, or interruption of essential services is exempt from time restrictions.

1. No emission of smoke shall exceed Ringelmann No. 1 density.

2. Smoke equal to Ringelmann No. 2 may be permitted for a period not exceeding four (4) minutes in any thirty (30) minute period.

3. The Ringelmann Chart as published by the U.S. Bureau of Mines shall be the standard reference.

1. Operations producing intense glare or radiant heat shall be conducted within enclosed buildings or screened to prevent glare or heat from being visible or perceptible at the property line.

2. Lighting shall comply with the Town’s adopted Outdoor Lighting Code.

3. The Community Development Director may require shielding, reorientation, screening, or material modification to eliminate nuisance glare.

1. No vibration shall be permitted that is discernible without instruments beyond the property line.

2. For purposes of enforcement, vibration shall not exceed:

1. No emission of fly ash, dust, fumes, vapors, or gases shall be permitted that:

2. All operations shall comply with applicable federal, state, and Yavapai County air quality regulations.

1. No discharge of liquid or solid waste shall:

2. All waste handling, storage, and disposal shall comply with applicable federal, state, and local regulations.

1. No emission of odorous matter shall be permitted in quantities that are detectable beyond the property line in a manner that creates a nuisance or hazard.

2. Uses generating odors shall implement mitigation measures including filtration, containment, or operational controls sufficient to prevent odor migration.

1. The handling, storage, and disposal all materials identified by the standards of a federal or state agency as hazardous, special, or radioactive shall comply with all applicable federal, state, and local regulations.

2. Above-ground bulk storage of flammable or explosive materials shall be located not less than seventy-five (75) feet from any property line or forty (40) feet in the case of underground storage, unless otherwise approved under the adopted fire code.

3. Secondary containment and spill control measures shall be provided where required by code.

4. Materials must be stored in a manner and location that is in compliance with appropriate rules and regulations of the Arizona Department of Public Safety and other federal, state, and local agencies with jurisdiction.

1. The purpose of this section is to regulate the outdoor storage of materials, equipment, and merchandise in order to:

2. Outdoor storage shall comply with this section in all zoning districts where permitted.

3. Outdoor storage not specifically permitted in a zoning district shall be prohibited.

1. Outdoor storage shall be located only in areas designated and approved through site plan review or conditional use permit where applicable.

2. Outdoor storage areas shall not be located within:

3. Outdoor storage shall not obstruct pedestrian circulation or required access drives.

4. All outdoor storage areas shall be maintained in an orderly and safe condition.

1. General Storage. Outdoor storage in residential districts shall be limited to items customarily incidental to residential use.

2. Prohibited Items. The following shall not be stored outdoors in residential districts unless fully screened from public view and adjacent properties:

3. Screening.

4. Duration. Storage of construction materials for an active building permit shall be permitted for the duration of the permit.

1. Permitted Outdoor Storage. Outdoor storage shall be permitted in commercial and industrial districts when:

2. Screening Requirements.

3. Height of Stored Materials. Stored materials shall not exceed the height of the screening wall or fence, except for materials customarily stored in vertical racks in industrial districts, which may exceed screening height provided they are not visible from public streets.

4. Surface Requirement. Outdoor storage areas shall be surfaced with asphalt, concrete, compacted aggregate base, or other approved dust-free material.

5. Setbacks. Outdoor storage shall not be located closer than ten (10) feet to any residential zoning district boundary unless additional screening is provided.

1. Storage of hazardous materials not in compliance with adopted fire code.

2. Storage of junk, scrap, salvage, or dismantled materials except within approved salvage or recycling facilities.

3. Storage of solid waste except in approved containers.

4. Storage that creates odor, dust, glare, vibration, or other violations of Section 4-160, Performance Standards.

1. Temporary outdoor display of merchandise in commercial districts may be permitted subject to administrative approval when:

2. Temporary construction storage shall be permitted for the duration of an active building permit.

1. Commercial vehicles, trailers, or heavy equipment exceeding one ton capacity shall not be stored outdoors in residential districts unless fully screened and incidental to a lawful home occupation.

2. In commercial and industrial districts, fleet vehicle storage shall comply with screening requirements.

1. Outdoor storage areas that become unsafe, abandoned, or noncompliant shall be subject to enforcement action.

2. Failure to maintain screening or orderly storage shall constitute a violation of this code.

1. Mobile homes, commercial trailers, utility trailers, boat trailers, or recreational vehicles (including travel trailers) shall not be stored, parked, or located in any zoning district other than as listed in the zoning district’s regulations or as otherwise provided herein, with the following exceptions for residential uses:

2. Construction Office or Security Personnel Housing. A mobile home or recreational vehicle may be allowed in any zoning district to conduct business or provide housing for security personnel during the construction of a permanent building when a valid building permit is in effect. The mobile home or recreational vehicle must be removed immediately after completion of the building. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26)

1. If authorized by state law and a valid permit has been obtained from the Town, a marijuana establishment or a medical marijuana dispensary is permitted in Clarkdale, subject to the following conditions and limitations:

2. Shall be authorized in the Industrial Zoning District.

3. Shall be authorized in Commercial and Central Business District Zoning Districts, except that there shall be no cultivation.

4. Infusion of marijuana into food products by a marijuana establishment with a valid food establishment license shall be permitted as a conditional use in the Commercial and Central Business District Zoning Districts.

5. Shall not be located within five hundred (500) feet of a preschool, kindergarten, elementary, secondary or high school. This distance shall be measured from the lot line of the property in which the business is conducted or proposed to be conducted to the property line of the protected use.

6. Shall be located in a permanent building on an established foundation adhering to Town building codes and shall not include any temporary, portable or self-powered mobile facilities, or trailer, cargo container or motor vehicle.

7. Shall be a total maximum one thousand five hundred (1,500) square feet. Maximum square footage may be expanded subject to use permit application and hearing procedures set forth under Chapter 5, Conditional Use Permit, of the Zoning Code of the Town of Clarkdale.

8. The secure storage area for the marijuana stored at the location shall not exceed five hundred (500) square feet of the total one thousand five hundred (1,500) square-foot maximum floor area of the facility. Maximum square footage may be expanded subject to use permit application and hearing procedures set forth under Chapter 5, Conditional Use Permit.

9. Shall not provide drive-thru services or offsite deliveries of marijuana or marijuana products.

10. Shall allow on-site consumption or ingestion of food products infused with marijuana by a marijuana establishment only in the Commercial or Commercial Business Districts with a conditional use permit and with a valid food establishment license in the storefront location where the infused food product was produced.

11. Shall provide for proper disposal of marijuana remnants or by-products. The remnants or by-products shall not to be placed within the facility’s exterior refuse containers, Town trash can, bin or other Town facility, or in any park refuse container unless authorized by the Town.

12. Shall not emit dust, fumes, vapors or odors into the environment from the facility and shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of the Town of Clarkdale.

13. Shall not sell marijuana or marijuana products, except as permitted by state law to consumers.

14. Shall not display or keep marijuana or marijuana products that are visible from outside the premises.

15. Shall be located in a storefront with windows facing the street. Window covers shall be open during business hours.

16. Shall utilize one secure entrance/exit for customer use where purchasing area is located.

17. Shall comply with applicable county health regulations for food preparation and handling.

18. Shall submit a written security plan to the Community Development Department that describes the actions taken to deter and prevent unauthorized entrance into limited access areas including use of security equipment, exterior lighting to facilitate surveillance, and electronic monitoring such as video cameras.

19. For a marijuana establishment located in the Industrial (I) Zoning District that engages in cultivation or manufacturing, shall submit a written operations plan to the Community Development Department that describes the following:

20. If the Department has not adopted final rules pursuant to this section at the time marijuana establishment licenses are issued pursuant to this section, licensees shall comply with the rules adopted by the Department to implement Chapter 28.1 of A.R.S. § 36-2854 except those that are inconsistent with this section.

1. It shall be unlawful for a person to operate a marijuana testing facility at any location within the Town without obtaining a security plan approval and business license permit from the Town Clerk or his/her designee in accordance with Town Code, including any application and review procedures pursuant to regulations promulgated by the Arizona Department of Health Services.

2. A marijuana testing facility is permitted in the Town of Clarkdale subject to the following conditions:

1. To the fullest extent allowable by law, marijuana possession, consumption, processing, manufacturing, transportation, and cultivation are permitted in a Residential Zoning District in Clarkdale and is subject to the following conditions and limitations:

2. If the Department has not adopted final rules pursuant to this section at the time the “Smart and Safe Arizona Act” is effectuated, individuals shall comply with the rules adopted by the Department to implement Chapter 28.1 of A.R.S. § 36-2854 except those that are inconsistent with this section. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26)

1. Tiny houses shall be constructed and sited on permanent foundations in compliance with adopted International Residential Codes, Town Codes, and Fire Codes IRC Appendix Q regulations.

2. Tiny houses shall have wastewater systems sized for the occupancy and fixture count or connect to the Town’s wastewater system.

3. Certificates of occupancy shall only be issued to tiny houses that comply with the provisions of this chapter. If the tiny house is moved from one site to another, a new certificate of occupancy will be required.

1. Data centers are permitted in the Industrial (I) Zone subject to approval of a conditional use permit pursuant to Chapter 5.

2. Accessory data centers serving only the primary on-site use may be permitted subject to approval by the Community Development Director or designee and compliance with this section, when all the following are true:

1. Conditional Use Permit. In addition to the requirements of this chapter, an application for a conditional use permit for the purpose of data center development shall be required and include the following information:

2. Minimum Site Area.

3. Setbacks.

4. Height.

5. Lot Coverage.

6. Power Infrastructure.

7. Generators and Fuel Storage.

8. Noise.

9. Water Use.

10. Landscaping and Screening.

11. Lighting.

12. Access.

13. Security.

1. Adequate electrical infrastructure is available.

2. Municipal water supply will not be adversely impacted.

3. Noise mitigation measures are sufficient to meet this section.

4. Generator emissions comply with applicable state and federal regulations.

5. The project provides adequate buffering and screening.

1. Utility service verification letter.

2. Water demand assessment.

3. Noise study.

4. Emergency operations plan. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26)

1. Flagpoles may be erected on residential properties subject to the following conditions:

2. Flagpoles may be erected on commercial properties subject to the following conditions:

1. Flagpoles must be constructed using durable and weather-resistant materials capable of withstanding environmental conditions and windspeeds eighty (80) miles per hour.

2. The height of the flagpole shall not exceed fifteen (15) feet above ground level in residential zoning without obtaining a permit or twenty-five (25) feet above ground level in commercial zoning.

3. Flagpoles must be securely anchored to the ground to prevent instability or collapse. The base must meet manufacturer specifications.

4. Any lighting fixtures installed on or around the flagpole, including those mounted on nearby structures or in the ground, must comply with the Town’s dark sky requirements as outlined in Chapter 8, Outdoor Lighting. All lighting shall be equipped with appropriate shielding. Additionally, any hard wiring for these fixtures must be installed underground in accordance with Chapter 8, Outdoor Lighting.

5. Installation of the flagpole must adhere to manufacturer specifications and industry best practices for safe assembly.

6. On residential properties, flagpoles must be situated within the confines of the property lines to ensure that the height of the pole does not exceed the distance to the nearest property line.

1. Prior to the construction or installation of a flagpole exceeding fifteen (15) feet in height on residential property, the owner must obtain a permit from the Town of Clarkdale’s Community Development Department.

2. Prior to the construction or installation of any flagpole on commercial property, the owner must obtain a permit from the Community Development Department.

3. Permit applications shall include fully dimensioned plans, materials, method of construction for the flagpole, and a site plan delineating the flagpole’s location and its distance from property lines.

1. Flagpoles that were legally installed prior to the adoption of this code and do not conform to the current regulations shall be considered preexisting nonconforming flagpoles.

2. Such preexisting nonconforming flagpoles may continue to be used and maintained, provided they do not pose a safety hazard.

3. Any modification, replacement, or relocation of a preexisting nonconforming flagpole shall comply with the current regulations set forth in this code.

4. If a preexisting nonconforming flagpole is removed, any new flagpole installed on the property must conform to the current regulations. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26)

1. Eligibility. No more than one (1) attached or detached accessory dwelling unit (ADU) per lot is permitted.

2. Maximum Size. An accessory dwelling unit (ADU) shall not exceed one thousand (1,000) square feet of habitable space.

3. Location. The accessory dwelling unit (ADU) may be constructed where the zoning allows for a single-family dwelling on the lot or parcel.

4. Setbacks. The accessory dwelling unit (ADU) is subject to the same setback requirements that apply to a single-family dwelling on the same lot or parcel except that:

5. Lot Coverage. The accessory dwelling unit (ADU) is subject to the same lot coverage regulations that apply to a single-family dwelling on the same lot or parcel.

6. Height. The accessory dwelling unit (ADU) is subject to the same height restrictions that apply to a single-family dwelling on the same lot or parcel.

7. Exterior Design. The exterior design of the accessory dwelling unit (ADU) is not required to match the exterior design of the single-family dwelling on the same lot or parcel.

8. Roof Pitch. The roof pitch of the accessory dwelling unit (ADU) is not required to match the roof pitch of the single-family dwelling on the same lot or parcel.

9. Finishing Materials. The finishing materials of the accessory dwelling unit (ADU) are not required to match the finishing materials of the single-family dwelling on the same lot.

10. Parking and Access. No additional parking space or in-lieu parking fee shall be required to accommodate the accessory dwelling unit (ADU).

11. Permanent Structure. Accessory dwelling units (ADU) shall be constructed as permanent structures. Recreational vehicles (RV), travel trailers, manufactured homes, mobile homes, and similar structures are prohibited for use as accessory dwelling units.

1. For single-family dwellings.

2. For multifamily residential properties with four (4) or fewer units.

3. For multifamily residential properties with five (5) or more units, if the property owner or responsible person has provided, in writing to the Community Development Director, a letter indicating hardship, due to other requirements and development standards, and further proposes alternatives that would satisfy the needs of the occupants, and the Community Development Director authorizes the exception.

4. For manufactured homes.

1. Be constructed of block walls, solid fencing such as weather resistant wood, or chain link fencing with screening slats.

2. Be constructed so that the contents are not visible from a height of five (5) feet above grade from any abutting street or property and of sufficient height to conceal contents, including containers. In no case shall the enclosure be less than five (5) feet in height above grade, but no greater than six (6) feet unless greater heights are allowed with design review approval.

3. Gates shall be solid or baffled, equal to the height of the enclosure, and equipped with latches to ensure closure when not in use.

1. A detailed site plan of the proposal showing all required setbacks, proposed and existing buildings and structures, and proposed access and easements.

2. A comprehensive low water use plan incorporating best practices.

3. An integrated pest management (IPM) plan. All chemicals shall be contained to the property under cultivation.

4. If fertilizer and soil amendments are proposed, a plan outlining use shall be included.

5. A dust control plan incorporating best management practices per Clarkdale Town Code shall be provided. Only nonpotable water shall be used for dust control measures.