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Clarkdale City Zoning Code

CHAPTER 4

GENERAL PROVISIONS

Section 4-010 Accessory Structures

A. Accessory Structures Standards.

1. Accessory structures, if permitted in a district, are approved, provided:

a. They are not in a front yard.

b. They shall be distant at least three (3) feet from all alley lines.

c. They shall be distant at least three (3) feet from adjoining lot lines with exception of zone R1A, where they may be distant at zero (0) feet from all alley lines.

d. They are not erected more than six (6) months prior to the erection of the principal building.

e. They are located as specified in a Conditional Use Permit.

f. They do not exceed fifteen (15) feet in height.

g. For specifications regarding fowl, coops, maintenance and setbacks see Section 6-3-1, Permit for Livestock, Poultry, and Fowl – Limitations, of the Town Code.

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

a. Minimum of twenty-four (24) square feet per unit.

b. One (1) side must be at least four (4) lineal feet.

c. Minimum of one (1) exterior entrance.

d. Conform to all other requirements of codes in effect. (Revised by Ordinance #433 on 12/10/24; effective 12/10/24; prior code § 4-1)

Section 4-020 Campgrounds and Recreational Vehicle Parks

A. Purpose and Intent. The purpose of this section is to provide regulations and standards for development of campgrounds and recreational vehicle parks, and accessory uses such as recreational and community sanitary facilities. For the purposes of this section, the words “space,” “stall,” or “site” shall indicate the individual area used by a single RV or as a single campsite and shall be used interchangeably.

B. 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 Section 10-1-20 of the Town Code.

C. 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.

D. General Requirements.

1. Campgrounds and recreational vehicle parks shall be developed in accordance with Chapter 6, Standards for Planned Unit Development and Planned Area Development, Section 6-020, Standards for Planned Area Development.

2. 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.

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

4. 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 35 feet, regardless of zoning district.

5. 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.

6. 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.

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

E. Development Standards.

1. Each RV space shall have an area of not less than 1,800 square feet, and a width of no less than 25 lineal feet.

2. Each camping space shall have an area of not less than 1,000 square feet, and a width of no less than 25 lineal feet.

3. 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.

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

5. All utility lines, cable TV and electric transmission lines under 12,000 volts shall be placed underground within a campground or park.

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

a. A minimum of two (2) off-street parking spaces will be provided on each camping or RV site. The parking spaces and the drive shall be dust-proofed and surfaced with crushed rock or similar material and may be configured in a tandem design.

b. Guest parking shall be provided at a minimum ratio of one (1) parking space for each five (5) camping or RV spaces and surfaced with dust-free materials.

c. Interior drives or roadways within a campground or RV park shall be paved to a minimum width of 22 feet.

d. A minimum of two (2) vehicular entrances shall be provided; one (1) entrance may be used as an emergency access and closed to the public.

e. Street lighting shall be provided along park streets for the safety of pedestrians and shall comply with the outdoor lighting provisions of Chapter 8, Outdoor Lighting Code.

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

a. From front space line: 5 feet from the nearest edge of an interior drive or roadway.

b. From the rear space line: 5 feet.

c. From other space boundaries not in common with the edge of an interior drive or roadway: 5 feet.

d. From an exterior boundary of the park abutting public streets: 20 feet; from all other exterior park boundaries: 10 feet.

e. From another recreational vehicle on an adjoining space: 10 feet.

8. Landscaping and signage requirements are as follows:

a. Landscaping shall be installed in accordance with Chapter 9, Landscape Design Standards.

i. Refuse collection areas shall be central to the campground or RV park and screened from public view.

ii. Campgrounds and RV parks shall be screened in an attractive manner from surrounding lots by a solid wall, fence, or suitable planning as follows:

A. Front yards and street facing yards: not less than 4 feet in height nor greater than 6 feet in height;

B. Any other yard: 6 feet in height;

C. A 20-foot landscaping strip shall be maintained as a landscaped area on the perimeter of all campgrounds or RV parks; and

D. When adjacent to any single-family residential district, the finished side of the fence or wall shall face the residential use and be set back from the property boundary by a 20-foot buffer area. The buffer area shall be landscaped in accordance with the requirements of Chapter 9, Landscape Design Standards.

b. Signage shall be in compliance with Chapter 7, Signs. (Revised by Ordinance #411 on 6/8/21; effective 7/9/21; prior code § 4-2)

Section 4-030 Lots in Two Districts

A. Where a district boundary line divides a lot which was in single ownership and of record at the time a district boundary line becomes effective thereon, the other district requirements applying to the most restricted portion of such lot shall be considered as extending to the entire lot. (Prior code § 4-3)

Section 4-040 Corner Lots

A. On every corner lot there shall be provided, along the side street adjacent to the side containing the front entry door, a side yard equal in depth permitted in the R4A Zoning District.

B. Corner Visibility: On any corner lot in a “Residence” District, no building, fence, structure, shrubbery or planting, such as will obstruct street traffic visibility, within a radius of twenty (20) feet of the intersection of any two (2) street lines shall be permitted higher than four (4) feet. (Prior code § 4-4)

Section 4-050 Reducing Lot Areas

A. No lot shall hereafter be so reduced in area after a building permit is granted as to cause any open space required by this Ordinance to be less in any dimension that is herein required for the District and lot in question. (Prior code § 4-5)

Section 4-060 Swimming Pools

A. In a Residential District:

1. Shall be owned and operated by a public agency, or

2. Shall be an accessory to a residential use, or

3. Shall be an accessory to a non-residential use which is permitted in such a district,

4. Shall be located no nearer than ten (10) feet to any property line

5. Shall be so walled or fenced as to prevent uncontrolled access by children from the street or any adjacent property.

B. In a Commercial or Business District:

1. Shall comply with the regulations set forth in Section 4-060A above if the pool is for residential use.

2. If the pool is for commercial use, it shall be enclosed by a solid wall, fence, or chain link fence a minimum of six (6) feet in height. (Prior code § 4-6)

Section 4-070 Payment By Owner Of Professional Services Deemed Necessary By Town Council

A. In the event the Building Official or the Town Council finds it necessary to use the professional services of any person, either in their regular employ or retained outside of their regular employ, in connection with approval and acceptance of any lot, structure, or performance standard, said services shall be paid for by the owner of the property under consideration. (Prior code § 4-7)

Section 4-080 Fence Height

A. Fence height in the R1L and RS3 zone districts shall be as follows:

1. Fences exceeding four (4) feet in height may be permitted in required front yard areas adjacent to streets provided:

a. They are a minimum 80% open (chain link, split rail, pipe, wrought iron and stock fences are examples);

b. A sight distance triangle is maintained at the intersection of two (2) street, or a street and alley, measured thirty-five (35) feet along the edges of easement or right-of-way, the third side being a diagonal connection the first two (2);

c. A sight distance triangle is maintained at the intersection of a street and a driveway measured twenty (20) feet along the edge of the right of way or easement, and driveway, the third side being a diagonal connecting the two (2); and

d. The property is developed such that access to streets may be taken in a forward manner.

2. Fences may not exceed four (4) feet in height in required front yard areas adjacent to streets or exterior side yards of a reverse corner lot, if they:

a. Are less than 80% open; or

b. They are located within a sight distance triangle as defined in Section 4-080 A 1. b or c are maintained.

B. Fence height in residential districts other than the R1L or RS3 zone districts shall be as follows:

1. Fences may not exceed four (4) feet in height in required front yard areas.

2. Fences may exceed four (4) feet in height along the exterior side yard of a corner lot provided sight distance triangles as defined in Section 4-080 A 1. b or c are maintained;

3. Fences may not exceed four (4) feet in height along the exterior side yard of a reverse corner lot;

4. Fences may exceed four (4) feet in height along the rear yard of a through lot provided:

a. All adjacent through lots have their front yards facing the same street; and

b. Sight distance triangles as defined in Section 4-080 A 1.b or c are maintained.

C. 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 6 foot height.

D. Fences adjacent to streets in the Commercial (C) and Industrial (I) zone districts may exceed four (4) feet provided sight distance triangles as defined in Section 4-080 A 1. b or c. are maintained.

E. 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.

F. The use of barbed wire and similar materials is not allowed unless specifically approved, in writing, by the Community Development Department. The use of electric fences is strictly prohibited.

G. Height Limit Exceptions: Height limitations shall not apply to fire stations, church spires, domes, belfries, monuments, water tank towers, fire towers, observation towers, transmission towers. (Prior code § 4-8)

Section 4-090 Miscellaneous Projections of an Architectural Member

A. Any architectural member or feature otherwise permitted to project into a yard shall be distant not less than three (3) feet from any lot line. (Prior code § 4-9)

Section 4-100 Yard Encroachments

A. Cornices, canopies, eaves, or any architectural features may extend into a front yard for a distance not to exceed two (2) feet, six (6) inches.

B. A landing or uncovered porch may extend into the front yard to a distance of six (6) feet measured from the front line of the building, across one-half (½) the width of the lot.

C. Open, unroofed stairs leading from the ground to said landing or porch may project beyond the said six (6) feet. An open-work railing no higher than three (3) feet may be placed around said landing or porch. Outside stairways, unroofed and unenclosed, shall not project more than four (4) feet into any rear yard or side yard, or be closer than three (3) feet to any lot line. Terraces, steps, uncovered porches, or other similar features not over three (3) feet above the average natural grade and distant at least five (5) feet from every lot line, may project into a required side yard.

D. In the R4A zoning districts the stairs leading from the ground to the landing shall be installed to ensure pedestrian traffic be directed away from the street adjacent to the structure. Landings and stairs shall be permitted to encroach on the established ten (10) foot side yard setback a maximum of three (3) feet. (Prior code § 4-10)

Section 4-110 Home Occupation Standards

A. Home Occupations, where permitted, shall be subject to all of the following provisions:

1. HOME OCCUPATIONS: The business shall be clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes; and not change the character of the exterior of the structure.

2. AREA: No more than twenty-five percent (25%) of the gross floor area of the dwelling and no more than twenty-five percent (25%) of the property shall be devoted to the Home Occupation.

3. EMPLOYEES: There shall be no more than two (2) part-time employees, each working no more than thirty-two (32) hours per week.

4. DELIVERY VEHICLES: No business shall be conducted which requires delivery vehicles or other services not customary to a residence.

5. NUISANCES: there shall be no external evidence of the activity such as outdoor storage, displays, noise, dust, fumes, vibrations, or other nuisances discernable beyond the property line.

6. SIGNS: One non-illuminated sign, not to exceed two (2) square feet in area.

7. TRAFFIC: The business shall not generate traffic which unreasonably disrupts the neighborhood.

8. HOURS OF OPERATION: Noise shall not be generated before sunrise or after sunset.

9. PARKING: Off-street parking is required as set forth in the Town Zoning Code Section 4-120. For one (1) family and two (2) family dwellings, two (2) parking spaces per family dwelling unit. For multi-family dwellings or condominiums of three (3) or more family units, one & one-half (1 ½) parking spaces per family dwelling unit.

10. FIRE INSPECTIONS: The Town shall conduct fire safety inspections of all structures where Home Occupations will be conducted. (Prior code § 4-11)

Section 4-120 Off-Street Parking and Loading

A. In all zoning districts there shall be provided at the time any new building or structure is erected off-street parking spaces as set forth in the following subsections. Any existing building or use which is enlarged, altered, increased in capacity, or in which the use or occupancy is changed to the extent of increasing off-street parking requirements shall provide additional off-street parking space.

1. Standards for Off-Street Parking.

a. Residential Uses.

Multi-Family, Efficiency and 1-Bed

1.5/dwelling unit

2 or More Bedroom Units

2/dwelling unit

Manufactured Home Units

2/dwelling unit

Fraternity, Boarding House

1/sleeping unit

Group Care Facilities

1/2 sleeping units + 1/employee

b. Office and Service Uses.

General Offices

1/250 square feet

Medical Offices

4/practitioner + 1/2 employees

Day Care Centers

1/each 8 clients + 1/employee

Veterinary Hospitals, Clinics

3/practitioner

Hotel, Motel

1/sleeping unit

Beauty, Barber Shop

3/practitioner

Mortuary

1/3 seats + 1/business vehicle

Self-Service Laundry

1/4 machines

Restaurant, Bar, Nightclub

1/4 seating capacity + 5 stacking spaces per drive-through lane

Hospital

1/bed + 1/2 employees

c. Retail Sales and Services.

General Retail

1/200 square feet

Banks, Financial Institutions

1/250 square feet + 5 stacking spaces per drive-through lane

Motor Vehicle and Machinery Sales

1/200 square feet of indoor office/display area

Motor Vehicle Repair, Accessory Installation

2/service stall, min. of 6 spaces

Furniture, Major Appliance Stores

1/400 square feet

Car Wash

4/bay + 1/employee

d. Education, Religious, Recreation, Assembly.

Elementary and Jr. High Schools

2/classroom

High Schools

1/4 students

Colleges, Universities

10/classroom

Place of Worship

1/4 seats + assembly

Fitness Center

3/4 capacity

Golf Course

59/9 holes

Commercial Recreation Facility

1/4 total capacity

Fraternal Lodge

1/4 total capacity

Auditorium, Sports Arena, Theater,

1/4 seats (24"/seat)

Stadium

Exhibition Hall, Assembly

1/100 sq. ft., or

(Nonfixed seating)

1/5 occ. (Fire code)

e. Industrial Uses.

Manufacturing, Fabrication

1/1,000 sq. ft., or 1.5 employees, whichever is greater

Warehouse

1/2,000 sq. ft. + parking for vehicles used on site

Self-Storage, Mini-Warehouse

24-ft.-wide aisles + caretaker parking

f. For 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.

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

h. Exempted Areas. Lots 1 through 10, Block 44, the westerly half of Lot 10 and Lots 11 through 16, Block 45, Clarkdale Subdivision, are exempt from the standards specified in subsection a of this section.

2. Design Standards for Off-Street Parking.

a. 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 shall be arranged in accordance with the diagrams contained in this section.

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

c. Each parking space shall consist of an area of not less than nine feet in width by 20 feet in length, except that the length may be reduced to 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.

d. A minimum space of 10 feet in width, 35 feet in length, and 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 (1) vehicle.

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

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

g. Parking areas with more than two (2) spaces must be arranged so that it is not necessary for vehicles to back into the street.

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

Parking Angle

Stall Width

Stall Depth

Lane Width

Direction

90 degree

9'-0"

20'-0"

24'-0"

two-way

60 degree

9'-0"

20'-0"

18'-0"

one-way only

45 degree

9'-0"

20'-0"

12'-0"

one-way only

30 degree

9'-0"

20'-0"

12'-0"

one-way only

i. 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.

j. 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.

k. 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.

3. Location Standards for Off-Street Parking.

a. 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 300 feet distant in a direct line from the nearest part of such use.

b. 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.

c. The use of shared parking, shared driveways, and the cross-connection of parking lots is encouraged.

d. Parking lots on adjoining lots may be connected by access ways not exceeding 24 feet in width. No parking or maneuvering will take place in the setback areas.

e. Spaces utilized for ingress and egress for a parking area shall not exceed 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.

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

g. No parking spaces or asphalt type surface shall be located within five feet of the front property line.

4. 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.

5. 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.

6. 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.

7. No certificate of occupancy shall be issued until the “as-built” plans have been submitted and approved by the Town Engineer. (Revised by Resolution #1621 on 2/25/20; Revised by Ordinance #403 on 2/25/20; effective 3/26/20; prior code § 4-12)

Section 4-121 Traffic and Pedestrian Access

A. Pedestrian Circulation. The site plan must provide for a system of pedestrian ways within the development appropriate to the type and scale of development. This system must connect the major building entrances/exits with parking areas and with sidewalks, if they exist or are planned in the vicinity of the project.

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. 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.

3. 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.

B. Vehicular Circulation.

1. Adequacy of Roadway System. Vehicular access to the site must be on roads that have adequate capacity to accommodate the additional traffic generated by the development. The developer shall be responsible for the acquisition of any private easements necessary to provide adequate access to the proposed development. Each commercial/multi-family development shall provide for adequate traffic circulation based on average daily traffic (ADT) and the classification system below.

STREET CLASSIFICATION AND MINIMUM DESIGN STANDARDS

STREET CLASS

STREET CATEGORY

TRAVEL LANE WIDTH

PARKING LANE WIDTH

TOTAL IMPROVED WIDTH

CURB OR SHOULDER

GRADED AREAS OR SIDEWALK

SURFACE

ROW/EASEMENT WIDTH

MAXIMUM AVG. DAILY TRAFFIC (ADT)

DESIGN SPEED MPH

I

ARTERIAL

12'

NONE

60'

VERTICAL

SIDEWALK

76'

3,000+

55

II

INDUSTRIAL

12'

12'

48'

ROLLED

GRADED

64'

3,000

40

III

COMMERCIAL

12'

8'

40'

VERTICAL

SIDEWALK

60'

3,000

40

IV

RESIDENTIAL COLLECTOR

16'

NONE

28'

VERTICAL

SIDEWALK

2" W/6" BASE OR 3"W/4" BASE

40'

3,000

40

a. Any streets determined to be necessary to support the new development shall be constructed, by the developer, to the street classification and minimum design standards set below herein and adopted by the Town or any other standards adopted by the Town. Upon completion of any access roads to these standards, the roadway, upon acceptance by the Town, shall be dedicated to the Town as public right-of-way.

b. Vehicular access to the site must be on roads that have adequate capacity to accommodate the additional traffic generated by the development.

c. For developments which generate one hundred (100) or more peak hour trips based on the latest edition of the Trip Generation Manual of the Institute of Traffic Engineers, intersections on major access routes to the site within one (1) mile of any entrance road which are functioning at a level of service of C or better prior to the development must function at a minimum level of service D after development.

d. If any such intersection is functioning at a level of service D or lower prior to the development, the project must not reduce the current level of service. This requirement may be waived by the Site Plan Review Committee if the Committee determines that the project will not have an unnecessary adverse impact on traffic flow or safety.

e. A development not meeting this requirement may be approved if the applicant demonstrates that:

i. A public agency has committed funds to construct the improvements necessary to bring the level of access to this standard; or

ii. The applicant will assume financial responsibility for the improvements necessary to bring the level of service to this standard and will assure the completion of the improvements with a financial guarantee acceptable to the Town.

2. Access into the Site. Vehicular access to and from the development must be safe and convenient.

a. Any driveway or proposed street must be designated so as to provide the minimum sight distance according to the Town’s standards, to the maximum extent possible.

b. Points of access and egress must be located to avoid conflicts with existing truing movements and traffic flows. Shared entryways are strongly encouraged.

c. The grade of any proposed drive or street must be not more than +/- three percent (3%) for a minimum of two (2) car lengths, or 40 feet, from the intersection.

d. The intersection of any access/egress drive or proposed street must function:

i. At a level of service of C following development if the project will generate one thousand (1,000) or more vehicle trips per twenty-four (24) hour period; or

ii. At a level that will allow safe access into and out of the project if less than one thousand (1,000) trips are generated.

e. Where lot has frontage on two (2) or more streets, the primary access to and egress from the lot must be provided from the street where there is less potential for traffic congestion and for traffic and pedestrian hazards.

f. Where it is necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, the applicant shall be responsible for providing turning lanes, traffic directional islands, and traffic controls within public streets. special care to be given to ensure traffic does not directly impact adjoining residential street system.

g. Access ways must be designated and have sufficient capacity to avoid queuing of entering vehicles on any public street.

h. The following criteria must be used to limit the number of driveways serving the proposed project:

i. No use which generates less than one hundred (100) vehicle trips per day shall have more than one (1) driveway onto a single roadway. Such driveway must be no greater than 30 feet wide.

ii. No use which generates one hundred (100) or more vehicle trips per day shall have more than two (2) points of egress to a single roadway. The combined width of all access ways must not exceed 60 feet.

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

a. Private entrances/exits must be located at least 120 feet from the closest unsignalized intersection and 160 feet from the closest signalized intersection, as measured from the point of tangency from the corner to the point of tangency for the access way.

b. Private access ways in or out of a development must be separated by a minimum of 120 feet where possible.

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

a. Nonresidential projects that will be served by delivery vehicles must provide a clear route for such vehicles with appropriate geometric design to allow turning and backing for a minimum of forty (40) foot wheelbase vehicles.

b. Clear routes of access must be provided and maintained for emergency vehicles to and around buildings and must be posted with appropriate signage (fire lane – no parking).

c. The layout and design of parking areas must provide for safe and convenient circulation of vehicles throughout the lot.

d. All roadways must be designed to harmonize with the topographic and natural features of the site. (Created by Resolution #1621 on 2/25/20; Created by Ordinance #403 on 2/25/20; effective 3/26/20)

Section 4-130 Parking Lots and Driveways Abutting Residence District

A. Whenever a parking lot or a driveway to a parking lot is hereafter established in other that a R1, R2, R3, R4, or R4A District so as to adjoin the side or abut the rear line of a lot in one (1) of these listed Districts, a solid masonry wall, or substantial solid fence six (6) feet high, shall be constructed and maintained along said side or rear lot line up to, but not beyond, the front setback building line. In addition, in all use districts, the lighting, including any permitted illuminated sign, on any parking lot or driveway shall be arranged so that there will be no annoying glare directed or reflected toward residence buildings of R1, R2, R3, R4, or R4A Districts. (Prior code § 4-13)

Section 4-140 Rear Yards In Business and Commercial Zones-Loading and Unloading

A. In a business 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.

B. 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. (Prior code § 4-14)

Section 4-150 Bed and Breakfast Establishments

A. Homestay Regulations: Bed & Breakfast Homestays, as defined in Chapter 2, Section 2-010, are permitted in the following Zones: R1, R1L, R2, R3, R4, R4A, C, I, & C-B. Said Bed & Breakfast Homestay facility shall comply with the following regulations and performance standards:

1. Facility shall be owner-occupied with no more than 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.

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

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

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. Necessary to have a current business license.

B. Bed & Breakfast Inn Regulations: Bed and Breakfast Inns, as defined in Chapter 2, Section 2-010, are permitted in the following Zones: R1, R1L, R2, R3, R4, R4A, C, I, and C-B. Said Bed & Breakfast Inn facility shall comply with the following regulations and performance standards.

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 of 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.

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

5. In addition to the required parking for the owner of the Bed & Breakfast Inn, per zoning code district, one (1) parking space per guest unit shall be provided on site in accordance with the parking standards of the Ordinance

6. 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.

7. Necessary to have a current business license.

C. Country Inn Regulations: Country Inns, as defined in Chapter 2, Section 2-010, are permitted in the following Zones: C, I, & C-B. Said Country Inn facility shall comply with the following regulations and performance standards.

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 of 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 for the owner of the Bed & Breakfast Country Inn, 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 the Ordinance.

6. Necessary to have a current business license. (Prior code § 4-15)

Section 4-160 Sidewalk Café Permit

(Created 2/14/12 by Resolution 1388 – Ordinance 342; Effective 3/14/2012)

A. Purpose and intent: This section shall apply to the establishment, operation and maintenance of all sidewalk/outdoor café dining areas accessory and incidental to lawful restaurants/dining establishments within the Town’s rights-of-way directly in front of and/or adjacent to the specific business to which they pertain. The purpose of this section is to promote general economic development, protect the public health, safety and general welfare and the atmosphere of the Town for the benefit of all businesses and our citizens and visitors. No rights of individuals or individual businesses are created therein.

B. Definitions:

1. Furniture means tables, umbrellas, chairs, benches or other objects used for the purpose of seating or of supporting the dining business.

2. Sidewalk cafe means a dining experience created within a portion of the public right-of-way kept, used, maintained and held out to the public as a place for sidewalk dining, where food, beverages or other refreshments are served for consumption on the premises adjacent to a business licensed to operate as an eating and/or refreshment establishment.

3. Removable barrier or barrier means a physical separator that can easily be lifted and moved immediately without the assistance of tools.

4. Sidewalk means that area of public right-of-way between the curb lines or the lateral lines of a roadway and the adjacent property lines reserved for pedestrian traffic, not including street crossings.

5. Operator means the persons or businesses permitted to operate a specific sidewalk café.

6. Applicant means persons or businesses applying for a permit to operate a specific sidewalk café.

C. Permit required and fees: An annual permit issued by the Town to operate a sidewalk café is required and may be issued only to a business that holds all current Federal, State and local licenses required to operate said business wishing to establish a sidewalk cafe on the public or private property directly adjacent to the business to be used by the general public.

1. Permit application: The application shall contain the following information:

a. The name, home and business address, email address, and telephone number of the applicant/operator, and the name, email address, telephone number and address of the owner/operator of the business, if other than the applicant.

b. The name, home address, email address, and telephone number of a responsible person whom the Town may notify or contact at any time concerning the applicant’s permit.

c. A copy of the current business license to operate a business establishment which is the subject of the application.

d. A statement of how the sidewalk dining area will be supervised and maintained.

e. Proof of current liability insurance, issued by an insurance company licensed to do business in the State of Arizona, protecting the licensee and the Town from all claims for damage to property and bodily injury, including death, which may arise from operation under or in connection with the sidewalk dining permit. Such insurance shall name the Town as an additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days’ advanced written notice to the Town.

f. Two copies and an original sketch to scale of the proposed location showing the layout and dimensions of the proposed sidewalk cafe area.

g. Proof of any required permit from the Arizona Department of Liquor Licenses and Controls.

h. Photographs, drawings, or manufacturer’s brochures fully describing the appearance of all proposed dining area furniture or other objects related to the operation of the sidewalk dining area by the applicant.

i. Non-refundable annual fee as shown in the Town of Clarkdale fee schedule: The applicant must pay necessary water and/or sewer capacity fees for additional seats within the sidewalk dining area. In addition the applicant must pay monthly sewer fees as agreed in order for the permit to remain valid. Failure to pay sewer fees as agreed shall result in the immediate revocation of the permit.

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 Town Council within fifteen (15) days of the meeting at which the decision is made.

D. Furniture: Use furniture and any other objects of such quality, design, materials, and workmanship that are approved as part of design review, including but not limited to barriers, umbrellas, chairs, and tables made of fire retardant and/or pressure treated materials and that can be properly secured/weighted to withstand strong winds. Umbrellas, chairs or tables with advertising, signage or other writing on them are not allowed.

E. Signage: One temporary, single-sided sign not exceeding six square feet in area, non-illuminated and displayed at a height not exceeding four feet, shall be permitted. The wording of such temporary sign shall be limited to the name of the business operating the sidewalk cafe and may state the items and prices of food offered for sale. The temporary sign shall be placed within the permitted area and shall not be placed on the adjacent building or on any permanent structure and shall be displayed only while the sidewalk café is open and operating. The following types of signs and decorations are prohibited: Signs painted or lettered on banner-type material; moving, fluttering and flapping pennants, flags, balloons and similar decorations.

F. Hours: Sidewalk cafes may operate during the regular business hours of the restaurant operating the sidewalk café, but no later than 11:00 p.m. No orders for food and/or beverages shall be taken after 10:00 p.m. for service at the sidewalk cafe.

G. Lighting: Lighting shall be that from the existing business or street lamps. For safety reasons, no extension cords or free standing temporary lighting will be permitted. Battery operated lights attached to the umbrella poles so as to minimize impact on dark skies and adjacent properties will be permitted.

H. Other restrictions:

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

2. 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

3. Liquor Service. Each sidewalk cafe 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.

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

5. 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.

6. 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.

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

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

I. Indemnity and Liability: As part of the permitting process set forth herein, any person or entity receiving a permit set forth herein shall execute an indemnity agreement indemnifying and releasing the Town of Clarkdale, its agents, employees and elected officials from any and all liability against any and all claims, actions and suits of any type whatsoever. The Town shall not be liable to any permittee or any license holder for any damage, loss, inconvenience, business interruption, demolition, loss of business. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; prior code § 4-16)

Section 4-170-010 Standards for Golf Course Developments

(Created 10/9/12 by Resolution 1414 – Ordinance 344; Effective 11/9/2012)

A. Purpose: To ensure that every golf course be developed and managed with consideration for the unique conditions of the ecosystem of which it is a part, and specifically to ensure that no depletions to the aquifer occur from the irrigation of golf courses, and to encourage the use or reuse of effluent.

B. General Requirements: The following requirements shall apply to the development and processing of golf courses in conjunction with a Planned Area Development proposal or any other golf course development:

1. Applicant will be required to submit plans that demonstrate that the proposed project meets the standards set by the Arizona Department of Water Resource 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. These format and standard assumptions and criteria are attached in Section 4-170-040.

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. (Prior code § 4-17-1)

Section 4-170-020 Design and Construction Standards

A. Applicant will be required to submit plans demonstrating that the golf course is designed, constructed and maintained in accordance with environmental practices as set out in Environmental Principles for Golf Courses in the United States or United States Golf Association guidelines or similar and which meet the following conditions:

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. (Prior code § 4-17-2)

Section 4-170-030 Construction Documents

Conceptual grading, drainage, irrigation, clearing and landscaping plans will be required as part of the Final Site Plan application and in conjunction with a development plan. Plans must have sufficient detail to demonstrate that the design, construction and maintenance will incorporate environmental principles and meet the intent of the water use standards for golf courses specified in this document. (Prior code § 4-17-3)

Section 4-170-040 Water Balance Study

The applicant shall conduct a water balance study to demonstrate that the development has a sufficient supply of water other than groundwater to meet the water requirements of the golf course.

A. 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).

Water Allotments for Turf Facilities

Type of Use

Water Allotment Facilities at 4,000 to 5,500 feet above MSL (ac-ft/acre)

Water Allotment Facilities at 3,000 and up to 4,000 feet above MSL (ac-ft/acre)

Turf

4.9

5.2

New Turf (1st year)

5.9

6.2

Artificial Lakes

5.5

5.8

Low Water Use Landscaping

1.5

1.5

B. 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.

1. Additional Leaching =(1/(1-(ECw/(5ECe-ECw)))-1)*CU/.75Allotment

2. Where: ECw = Electrical Conductivity of the water used ECe =Tolerance of the crop to soil salinity in electrical conductivity of the soil saturation extract (millimhos per centimeter) CU = Consumptive use of the crop.

C. 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.

D. 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.

E. 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.

Type of Residential Unit

Interior Gallons per Capita-day

Average Persons per Housing Unit

Exterior use (Gallons per Housing Unit per Day)

Total Water Use per Housing Unit (Gallons per Day)

Single-Family Homes

57

2.5

75

217.5

Town Homes

57

2.5

58

200.5

F. 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 1 acre-foot/acre during the one month period from June 15-July 15, or 3 acre-feet/day for a 90 acre golf course). (Prior code § 4-17-4)

Section 4-180 Wireless Communication Tower

(Created 7/9/13 by Ordinance #352; Effective 8/9/13)

A. Purpose. To minimize the impacts of wireless communications facilities on surrounding areas by establishing standards for location, structural integrity, compatibility, and appearance while encouraging the availability of broadband wireless connectivity for residents and visitors.

B. Permitted Zones. Wireless communication facilities are permitted in the Commercial and Industrial Zoning Districts with a Conditional Use Permit, but are not allowed to be placed within five hundred (500) feet on either side of the centerline of State Route 89A. Co-location of providers is encouraged. A Conditional Use Permit shall also be required for any substantial change to an existing Wireless Communication Tower; a substantial change means any change or cumulative changes over time: (1) changing the physical dimensions (height or width) of the Wireless Communication Tower or its supporting structures by more than ten percent (10%); or, (2) changing the design of the Wireless Communication Tower that would make it significantly more obtrusive.

A conditional use permit for Wireless Communication Tower shall include:

An accurate site plan showing the exact location of the tower and supporting facilities with dimensions for each structure and setbacks from property boundaries.

A map of all locations owned, leased or operated by the applicant and their coverage located within 10 miles of the proposed site.

A detailed drawing, scaled to not less than one-inch equal to 100 feet, of the exterior of the proposed Wireless Communication Tower, including a cross-section detail of the tower, including height from grade, number of poles and number of arms, and features to make the tower visually unobtrusive. Aerial photographs and renderings may augment the drawing.

An environmental assessment of the site, per the specifications of Section 1.1307 of the rules of the Federal Communication Commission and the Federal Aviation Administration rules regarding antenna structures.

Exterior paint or finish samples.

Letter of authorization from the property owner.

A signed statement stating the radio frequency emissions comply with the standards of the Federal Communications Commission.

Proof of a license from the Federal Communications Commission to transmit/receive radio signals.

A summary of any planned community outreach regarding the application.

C. General Requirements and Restrictions:

1. Towers and accessory structures shall, as much as feasible, be designed to be visually unobtrusive with the surrounding landscape and area. Landscaping from the Town’s approved plant list shall be used to screen all structures. Stealth or concealed towers may be required as a condition of the Conditional Use Permit.

2. Outdoor storage of equipment shall not be permitted at the site.

3. Lighting shall be fully shielded and used for security reasons only unless otherwise regulated by the Federal Communication Commission or the Federal Aviation Administration.

4. Only signage required by the Federal Communications Commission is permitted.

5. All components of a Wireless Communication Tower shall be removed, at the expense of the property owner, the entity leasing or owning the tower, or the applicant’s (or the applicant’s successor), if not used for 180 consecutive days. If the facility is not removed, the Town shall remove at the cost of the property owner, the entity leasing or owning the tower, or the applicant’s (or the applicant’s successor) after 30-days’ written notice. (Revised by Ordinance #427 on 8/13/24; effective 9/14/24; prior code § 4-18)

Section 4-190 Temporary Uses and Temporary Structures

A. Temporary Uses and Temporary Structures.

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 with direction to provide comments to the Community Development Department.

4. Temporary use permits shall be issued for a specific time period. Permits may be extended for an additional time period upon submittal of an additional permit application and after review and approval of the Community Development Director.

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

B. Requirements for a Temporary Use or Structure.

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

a. Shall not cause an unreasonable effect to surrounding properties;

b. Shall not negatively impact public health or safety;

c. Temporary signs associated with a temporary use are permitted and must be included in the TUP application for review and approval of the Community Development Director;

d. Temporary uses or structures must be in conformity with the underlying zoning district;

e. At the conclusion of a temporary use or structure, all material shall be removed from the site and/or revegetated with plants from the Town’s approved plant list;

f. At the conclusion of a temporary use or structure, all disturbed areas shall be restored;

g. Off-street parking shall be sufficient to accommodate the proposed use.

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. Violations of the terms of a temporary use permit constitutes grounds for immediate revocation.

5. Decisions by the Community Development Director may be appealed to the Board of Adjustment. (Created by Resolution #1605 on 7/9/19; effective 8/8/19; Created by Ordinance #397 on 7/9/19; effective 8/8/19)

Section 4-200 Noise

A. The maximum permissible sound pressure level of any continuous, regular or frequent or intermittent source of sound produced by any activity on the site has to be limited by the time period and by the abutting land use as listed below. Sound levels shall be measured at least four feet above ground at the property boundary of the source.

B. Noise shall be measured by a meter set on a weighted response scale, fast response. The meter shall meet the American National Standards Institute (ANSI S1-4-1961) American standards specification for general purpose sound level meters.

C. No person shall engage in construction activities on a site abutting any residential use between the hours of 9:00 p.m. and sunrise. (Created by Resolution #1621 on 2/25/20; Created by Ordinance #403 on 2/25/20; effective 3/26/20)

Section 4-210 Hazardous, Special, and Radioactive Materials

A. The handling and use of all materials identified by the standards of a Federal or State agency as hazardous, special, or radioactive must be done in accordance with the standard of these agencies.

B. No flammable or explosive liquids, solids, or gases shall be stored in bulk above ground unless they are located at least 75 feet from any lot line, or 40 feet in the case of underground storage.

C. 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. (Created by Resolution #1621 on 2/25/20; Created by Ordinance #403 on 2/25/20; effective 3/26/20)

Section 4-220 Storage of Materials

A. Exposed nonresidential storage areas, exposed machinery, and areas used for the storage or collection of discarded automobiles, auto parts, metals, other articles of salvage or refuse, or dead storage must have sufficient setback and screening to screen said uses from public view at a minimum eighty percent (80%) opacity.

B. All dumpsters or similar large collection receptacles for trash or other waste must be located on level surfaces that are paved or graveled and enclosed with solid wall or fence and gates that screen it from public view.

C. Where a potential safety hazard or attractive nuisance is likely to arise, physical screening sufficient to prevent entry to the premises must be provided and maintained in good and effective condition. (Created by Resolution #1621 on 2/25/20; Created by Ordinance #403 on 2/25/20; effective 3/26/20)

Section 4-230 Recreational and Medical Marijuana (Created by Ordinance #409 11-10-20 – Effective 12-10-20)

A. Purpose. This section is adopted to protect the health, safety, and welfare of the community. Except as allowed by law for personal, private use, the Town enacts reasonable regulations and requires compliance with zoning laws for the retail sale, cultivation and manufacturing of marijuana or marijuana products in a marijuana establishment or marijuana testing facility and the cultivation, processing and manufacturing of marijuana in a primary residence. Nothing in this section is intended to promote or condone the sale, cultivation, manufacture, transport, production, distribution, possession, or use of marijuana or marijuana products in violation of any applicable law.

B. Definitions. The below words and phrases, wherever used in this section, shall be construed as defined in this section unless, clearly from the context, a different meaning is intended. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

Chemical extraction: The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana.

Chemical synthesis: Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.

Consume, consuming, and consumption: The act of ingesting, inhaling or otherwise introducing marijuana into the human body.

Consumer: An individual who is at least twenty-one years (21) of age and who purchases marijuana or marijuana products.

Cultivate and cultivation: To propagate, breed, grow, prepare and package marijuana.

Deliver and delivery: The transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.

Department: The state of Arizona Department of Health Services or its successor agency.

Dual licensee: An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.

Enclosed area: A building, greenhouse, or other structure that has:

a. A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof;

b. Is secure against unauthorized entry;

c. Has a foundation, slab or equivalent base to which the floor is securely attached; and

d. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors.

Extraction: The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals or chemical processes.

Manufacture and manufacturing: To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.

Marijuana:

a. Means all parts of the plant of the genus Cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin.

b. Includes cannabis as defined in A.R.S. § 13-3401.

c. Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus Cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

Marijuana concentrate:

a. Means resin extracted from any part of a plant of the genus Cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.

b. Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.

Marijuana establishment: An entity licensed by the Department to operate all of the following:

a. A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.

b. A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.

c. A single off-site location at which the licensee may manufacture marijuana products and package and store marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.

Marijuana products: Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.

Marijuana testing facility: The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants.

Medical marijuana: All parts of marijuana as defined by A.R.S. § 36-2801(8), used pursuant to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency.

Medical marijuana caregiver facility: A facility assisting with the use of medical marijuana and operated by an individual or entity registered by the state of Arizona according to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including compliance with security measures.

Medical marijuana cultivation: The growing of medical marijuana plants, as authorized by the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including compliance with security measures.

Medical marijuana dispensary: A nonprofit entity as defined in A.R.S. § 36-2801(11), and operated by an individual or entity registered by the state of Arizona according to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including compliance with security measures.

Medical marijuana processing facility: A facility that:

a. Engages in the growing of medical marijuana and/or incorporates medical marijuana into consumable or edible goods by the means of cooking, or blending;

b. Is operated by an individual or entity registered by the state of Arizona according to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including compliance with security measures; and

c. Is associated with a medical marijuana dispensary.

Medical marijuana qualifying patient: A person who has been diagnosed by a physician as having a debilitating medical condition as defined in A.R.S. § 36-2801.13 and is registered with the state of Arizona according to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency.

Nonprofit medical marijuana dispensary: A nonprofit entity as defined in A.R.S. § 36-2801(12).

Open space: A public park, public sidewalk, public walkway or public pedestrian thoroughfare.

Person: An individual, partnership, corporation, association, or any other entity of whatever kind or nature.

Process and processing: To harvest, dry, cure, trim or separate parts of the marijuana plant.

Public place: Has the same meaning prescribed in the Smoke-Free Arizona Act, A.R.S. § 36-601.01 and further regulated in Chapter 10, Offenses, Article 10-2, Smoking, of the Town Code of the Town of Clarkdale.

Smoke: To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.

Storefront location: The use 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.

C. Marijuana Establishments Permitted – Nonresidential.

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:

a. To the fullest extent allowable by law, shall be authorized in Clarkdale for:

i. A dual licensee who operates both a nonprofit medical marijuana dispensary and marijuana establishment.

ii. Any other entity licensed by the Department to provide marijuana or marijuana products to consumers.

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 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 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 500 square feet of the total 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, of the Town of Clarkdale Zoning Code.

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 (1) 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:

a. Procedures showing that the marijuana cultivation will be conducted in accordance with state and local laws and regulations regarding use and disposal of pesticides and fertilizers.

b. The legal water source, irrigation plan, wastewater systems to be used, and projected water use.

c. The plan for addressing odor and other public nuisances that may derive from the establishment.

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.

D. Marijuana Testing Facility Permitted.

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:

a. Shall ensure that access to the area of the facility where marijuana or marijuana products are being tested or stored for testing is limited to a facility’s owners or authorized agents.

b. Shall ensure that transportation of marijuana or marijuana products is in compliance with applicable law.

c. Shall comply with all testing processes, protocols, standards, and criteria adopted by the Department for testing marijuana and marijuana products.

d. Shall maintain records, equipment and instrumentation as required by the Department.

e. Shall submit a written security plan to the Town that specifies the measures that will be taken to deter and prevent unauthorized entrance into limited access areas including the use of security equipment to detect unauthorized intrusion, exterior lighting to facilitate surveillance, and electronic monitoring such as video cameras that provide coverage of all entrances to and exits from limited access areas and all entrances to and exits from the building and has sufficient recording resolution.

f. If the Department has not adopted final rules pursuant to this section at the time marijuana testing facility 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.

E. Individual’s Primary Residence for Personal Use.

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

a. It shall be unlawful for any individual who is at least twenty-one (21) years of age to possess, transport, cultivate or process more than six (6) marijuana plants.

b. It shall be unlawful for two (2) or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals’ primary residence.

c. Except as provided by A.R.S.. § 36-2801 et al. and this section, it shall be unlawful for an individual to otherwise cultivate marijuana in a Residential Zoning District within the Clarkdale Town limits.

d. Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit.

e. Kitchens, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation.

f. A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals 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.

g. Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors.

h. Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids.

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. (Created by Ordinance #409 on 11/10/20; effective 12/10/20)

Section 4-240 Tiny Houses; Tiny Houses on Wheels; Tiny House Recreational Vehicles

A. Tiny houses are permitted in any single-family residential zoning district as follows:

1. Tiny houses shall be sited on permanent foundations in compliance with 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 section. If the tiny house is moved from one site to another, a new certificate of occupancy will be required.

B. Tiny houses on wheels and tiny house recreational vehicles are hereby regulated the same as travel trailers under this code, and shall be subject to all Clarkdale Town Zoning Code provisions applicable to travel trailers. (Created by Ordinance #410 on 2/9/21; effective 3/11/21)

Section 4-250-010 Purpose and Intent

The purpose of this article is to regulate the construction and installation of flagpoles on residential and commercial properties within the Town of Clarkdale, ensuring safety, aesthetic compatibility, and compliance with relevant regulations. (Created by Ordinance #427 on 8/13/24; effective 9/14/24)

Section 4-250-020 Permissible Locations

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

1. The flagpole must be located within the boundaries of the residential property.

2. The flagpole must not obstruct public rights-of-way, or utility easements, or impede visibility for vehicular or pedestrian traffic.

3. The flagpole must comply with setback requirements specified in the zoning regulations.

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

1. The flagpole must be located within the boundaries of the commercial property.

2. The flagpole must not obstruct public rights-of-way, or utility easements, or impede visibility for vehicular or pedestrian traffic.

3. The flagpole must comply with the setback requirements specified in the zoning regulations unless it is engineered to collapse on itself, in which case it may be positioned within the setback boundaries. (Created by Ordinance #427 on 8/13/24; effective 9/14/24)

Section 4-250-030 Construction Standards

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

B. 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.

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

D. 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 Section 8-070, Lighting Requirements. All lighting shall be equipped with appropriate shielding. Additionally, any hard wiring for these fixtures must be installed underground in accordance with Section 8-070, Lighting Requirements.

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

F. 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. (Created by Ordinance #427 on 8/13/24; effective 9/14/24)

Section 4-250-040 Permit Requirements

A. 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.

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

C. 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. (Created by Ordinance #427 on 8/13/24; effective 9/14/24)

Section 4-250-050 Preexisting Nonconforming Flagpoles

A. Flagpoles that were legally installed prior to the adoption of the ordinance codified in this chapter and do not conform to the current regulations shall be considered preexisting nonconforming flagpoles.

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

C. Any modification, replacement, or relocation of a preexisting nonconforming flagpole shall comply with the current regulations set forth in the ordinance codified in this chapter.

D. If a preexisting nonconforming flagpole is removed, any new flagpole installed on the property must conform to the current regulations. (Created by Ordinance #427 on 8/13/24; effective 9/14/24)

Section 4-260-010 Accessory Dwelling Units (ADUs)

A. Accessory dwelling units (ADUs) are subject to all the following provisions.

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

2. Maximum Size. An accessory dwelling unit (ADU) shall not exceed seven hundred (700) 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:

a. The rear setback for the accessory dwelling unit (ADU) shall be no less than five (5) feet from the property line.

b. The side setbacks for the accessory dwelling unit (ADU) shall be no less than five (5) feet from the property line.

c. The front setback for the accessory dwelling unit (ADU) shall be no less than the setback required for a single-family dwelling in the zoning district in which it is located.

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 (ADUs) shall be constructed as permanent Structures. Recreational Vehicles (RVs) may not be used as an accessory dwelling unit. (Created by Ordinance #436 on 12/10/24; effective 1/10/25)