The following provisions shall apply to all districts, except as may be modified, supplemented or supplanted under the provisions of any particular district.

(Ord. § 500, passed 9-4-2008)

   (A)   Accessory uses (including facilities and equipment) are permitted in conjunction with any principal use, provided same is compatible and common to the district in which it is located therewith and does not alter the character of the premises; any reference to a permitted use shall be deemed to include such accessory use.

   (B)   Accessory buildings may be attached to or detached from the principal building, except that no accessory building housing fowl or animals (other than domestic pets) may be attached to any dwelling unit, except that an accessory dwelling unit shall be detached, subject to the performance standards set forth in § 153.075.5.

   (C)   Amateur radio towers and antennas are permitted in all residential districts, with a use permit, provided:

      (1)   The structures shall not be located in the required front yard, or required street side yard, or in front of the front line of the dwelling or principal building;

      (2)   The structure shall in no case be located nearer than five feet to any side or rear property line;

      (3)   The structure does not exceed a height of 15 feet within a required side or rear yard;

      (4)   The structure does not exceed the maximum building height of the zoning district in which the structure is located;

      (5)   Not more than two such structures shall be erected per lot or parcel; and

      (6)   The tower and antenna shall be retractable.

   (D)   Accessory uses or structures are allowed prior to installation of the principal structure only when a construction permit is issued for the principal structure and construction of same is commenced within six months.

   (E)   Animal husbandry activities or projects, i.e., Future Farmers of America, 4-H, or any agricultural or large livestock activity/project conducted primarily for educational purposes or school credits, are permitted in any zoning district. The following criteria shall be met:

      (1)   Active membership must be maintained and verification of such may be required upon request.

      (2)   The keeping of all animals shall be subject to the regulations of the Yavapai County Environmental Unit and the Health Department.

      (3)   (a)   A sign designating a 4-H member is in residence must be posted on the property at all times any such project or activity is in progress.

         (b)   Under the 4-H exemption, the setback requirements and number of animals allowed per acre do not apply for animals utilized in 4-H projects, with the exception of equine and breeding projects.

   (F)   Allowed animal chart.

 

 

(Ord. 08-44 § 501, passed 10-21-2008; Am. Ord. 15-110, passed 4-7-2015)

   Those uses subject to administrative review with comment period must go through the following process. The applicant will submit a to-scale site plan illustrating the proposed use for review. The administrative review would include review by all affected agencies such as but not necessarily limited to Planning and Zoning Department, Building Safety and the Fire District with jurisdiction. Surrounding property owners within 300 feet of the subject property and affected community organizations shall be notified by mail (mailing list and addressed envelopes provided by applicant) and posted on the property and given 21 days from the date of mailing of notice to file written protest with the Zoning Administrator. If an administrative review with comment period application is denied by the Zoning Administrator, the applicant may then apply for a use permit, and appeal the decision before the Planning and Zoning Commission and Town Council, if desired. If the application for administrative review with comment period is found acceptable by the reviewing agencies with no written protest received from the noticed public, the Zoning Administrator will accept and issue appropriate or needed building permits and/or issue a letter approving the use subject to applicable standards. Application fees are as found in the adopted fee schedule set forth in Appendix A to this chapter.

(Ord. § 504, passed 9-4-2008)

   (A)   Bed and breakfast homestays, as defined under § 153.005, are subject to the following regulations and performance standards:

      (1)   Homestays shall only be permitted on parcels exceeding 35,000 square feet in size;

      (2)   No employees;

      (3)   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;

      (4)   Access to the guestrooms shall be allowed through the main entrance of the building only;

      (5)   State and County Health Department approval and permits are required;

      (6)   Change of use or occupancy and zoning and building safety clearance/permit required prior to commencement of the use;

      (7)   No more than three guest units shall be available for rental. 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;

      (8)   Maximum duration of stay of any one guest shall be 14 days;

      (9)   In addition to the required parking for the owner of the homestay, one parking space per guest unit shall be provided on site in accordance with the parking standards in § 153.110; and

      (10)   One sign, for identification purposes, not exceeding four square feet in size may be attached to the primary structure or placed in the front yard no higher than three feet above grade.

   (B)   Bed and breakfast inns, as defined under § 153.005, are subject to the following regulations and performance standards:

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

      (2)   Change of use or occupancy and zoning and building safety clearance/permit required prior to commencement of the use;

      (3)   In addition to the required parking for the owner of the Inn, one parking space per guest unit and employee shall be provided on site in accordance with the parking standards in § 153.110; and

      (4)   One sign for identification purposes, not exceeding six square feet in size, may be attached to the primary structure or placed in the front yard no higher than three feet above grade.

(Ord. § 507, passed 9-4-2008)

   (A)   The following density districts and regulations are intended to be combined with the appropriate use districts. The density provisions in the accompanying chart, together with applicable general provisions (§ 153.065) as excepted below in divisions (C) and (D), shall regulate building heights, yards, lot sizes, lot area per dwelling unit, lot coverage and distance between buildings as though the same had been fully described in this section.

   (B)   Requirements of the density regulations are set forth in the table that follows.

 

   (C)   Detached accessory structures, other than structures housing animals, may encroach within five feet to rear lot line to maintain a ten-foot building separation. All other setbacks and building spacing separations must be achieved.

   (D)   The above is general information pertinent to the zoning requirements in the creation of a buildable parcel. It does not deal with specific questions, such as building safety, floodplain unit, environmental unit or engineering. These departments should be contacted before any actual splitting is pursued.

(Ord. 08-44 §516, passed 10-21-2008)

   Density formulas are hereby established for each density district for the purpose of determining (where applicable) the amount of lot area required for each dwelling unit, hotel or motel unit, or mobile home court space.

   (A)   In applying density formulas to determine the number of units allowed on a lot, credit shall be allowed for the area of any contiguous dedicated half street or half alley (or similar dedicated easements).

   (B)   Where dwelling units are combined with nonresidential uses or structures on a conforming lot, then each 800 square feet (or fraction thereof) of area occupied by such shall be deducted from the total density formula area in determining the number of units allowed.

   (C)   The density may be reduced 20% for any units consisting of a combined bed-living room (commonly referred to as an efficiency apartment).

(Ord. § 519, passed 9-4-2008)

   In all instances with the exception of single family residential and accessory uses, a drainage report for storm water planning, analysis and design and construction in accordance with the Yavapai County Drainage Criteria Manual (Resolution #1151) shall be submitted. The Flood Control District Director may grant a waiver from the need to comply with certain sections of the Drainage Criteria Manual requirements in instances where it is determined that there are limited impacts from surface drainage and a detailed drainage report is not needed to achieve the objectives of the Drainage Criteria Manual, or to protect property, or the health, safety and welfare of the citizens of the community with regard to flooding and drainage issues. All permitted uses shall be constructed in accordance with the construction requirements in the approved drainage plan.

(Ord. § 522, passed 9-4-2008)

   Dwelling prohibition in any district shall not be construed to prohibit from any lot the residential facilities to accommodate one individual (and his or her family) acting in the capacity of manager, caretaker or watchman.

(Ord. § 528, passed 9-4-2008)

   (A)   As an open land use (requiring underground storage tanks, with dispensing mechanism equal to or better than minimum requirements of Underwriters Laboratories, Inc.); or

   (B)   As having aboveground fuel storage of less than 40,000 cumulative gallons capacity, where a variance has been obtained from the Office of the State Fire Marshal from the prohibition of the International Fire Code from dispensing motor vehicle fuel from aboveground fuel storage tank(s) per current International Fire Code. Installation of aboveground tanks will require the granting of a use permit and shall include the following performance criteria/standards:

      (1)   The design of the proposed facility shall meet the standards of the Office of the State Fire Marshal.

      (2)   The parcel or lot shall be of sufficient size to meet all parking and automobile circulation requirements set out by this chapter. Aboveground storage tank(s) shall not be permitted on lots or parcels not meeting current parking or circulation standards.

      (3)   Aboveground fuel storage tank(s) shall be spaced apart a minimum distance as set forth in the current International Fire Code.

      (4)   Guard posts for protection from vehicular damage shall be provided per current International Fire Code.

      (5)   A minimum setback or separation of 100 feet shall be maintained to the nearest residentially zoned parcel or "R" residential occupancy building as specified under the International Building Code.

(Ord. § 531, passed 9-4-2008)

   (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 minimize the use of groundwater for irrigation purposes and encourage effluent or reuse. A development agreement with the town is required for the development of any golf course and shall include the use of effluent resulting from a wastewater treatment facility legally permitted by the town and the Arizona Department of Environmental Quality.

   (B)   General requirements. The following requirements shall apply to the development and processing of golf courses in conjunction with a PAD 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 (ADWR) for golf courses in the Active Management Areas (AMA) including limiting water usage to no more than 450 acre-feet per year (325,851 gallons in one acre-foot of water) and limiting the amount of turf area to no more than 90 acres.

      (2)   Applicant to obtain a report of physical availability of water from ADWR demonstrating an adequate water supply for the entire development including the golf course prior to recording the final plat/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 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 will be available.

      (4)   Applicant will be required to submit a water balance study and phasing program for conversion and reliance on effluent using the town's format and standard assumptions and criteria as a guide in preparing the study. The Board may set a reasonable time for conversion from irrigating with groundwater to irrigating with a renewable water supply.

      (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 town staff or other appropriate agencies.

   (C)   Design and construction standards. 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 Course Association Guidelines, or similar or better recognized national standards 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 unmaintained areas of the course.

      (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.

   (D)   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 AMA standards for golf courses.

(Ord. 08-44 § 534, passed 10-21-2008)

   Accessory dwelling units are subject to the following requirements:

   (A)   An accessory dwelling unit is permitted only on a minimum lot size of 70,000 square feet in the R1L and RMM Zoning Districts and a minimum lot size of 35,000 square feet in the R1 Zoning District, and on all lots in the RCU District where the minimum lot size is 87,120 square feet.

   (B)   Primary dwelling and accessory dwelling unit shall both comply with the setback regulations set forth in § 153.069 Density Districts of this code.

   (C)   The accessory dwelling unit shall be serviced and metered by the primary structure electric utility hookups. Individual accessory dwelling unit septic systems may be approved where necessary in order to reduce sewer line extensions as authorized by the County Environmental Unit.

   (D)   The primary and accessory dwelling unit structures shall share a common driveway or entrance.

   (E)   An accessory dwelling unit structure shall not exceed 750 square feet in size or 25% of the total square footage of the primary structure living area under roof, whichever is greater.

   (F)   An accessory dwelling unit shall comply with the separation requirements set forth in the town Building, Fire and Municipal Codes.

   (G)   A kitchen facility is permitted in an accessory dwelling unit structure.

   (H)   An accessory dwelling unit shall be used to house a non-paying or non-reimbursing relative or guest.

(Ord. 08-44 § 537, passed 10-21-2008; Am. Ord. 15-110, passed 4-7-2015)

   When designated in both stories and feet shall not exceed the foot dimensions.

   (A)   Towers, poles, tanks and the like. The district height limitations may be exceeded by five feet for spires, cupolas, chimneys, parapets or similar structural additions integrated directly into the rooftop. The district height limitations for buildings are not applicable for flues, vents, poles, beacons, towers or other similar nonhabitable structure(s) extending above a room when same occupies no more than 25% of such roof area. Unless shown by design (proof of collapse safety), any such structure as enumerated above must be so located on a lot that its reclining length, in case of collapse, would be contained within the bounds thereof.

   (B)   Fences and freestanding walls.

      (1)   Height shall be determined for fences and walls above the average elevation of the ground level within a six-foot radius of the point of measurement on the fence or wall (see fence height calculation example below).

      (2)   Fences and freestanding walls within the required yards/setbacks shall maintain the following maximum heights for that opaque or solid portion which obstructs the passage of air or light more than 50%:

         (a)   On any residential zoned lot (or that portion of other lots contiguous thereto): four feet in front yard and six feet in side or rear yards;

         (b)   On commercial and industrial zoned lots: eight feet;

         (c)   Four feet on any portion of the rear one-third of a corner lot backing to a key lot by a line joining required key lot setback and the street right-of-way intersection;

         (d)   Three feet within the triangular area formed by measuring ten feet along the boundary of roadways and drives from the intersection thereof (including hedges and other plantings). Height may be increased not to exceed four feet, provided the height increase does not hamper visibility for traffic safety; or

         (e)   Where a fence or wall is required as a screening or other protection to residential zoned lots, such shall comply to the height limits of the residential zoned lot.

      (3)   Total height (solid plus any nonsolid portions) shall not exceed the stated opaque or solid maximums by more than 50% for residential lots or contiguous thereto and by more than 25% for commercial and industrial zoned lots.

   (C)   Buildings.  

      (1)   No portion of any building exceeding a height of four feet shall occupy the triangular area formed by measuring ten feet along the right-of-way lines from the intersection thereof (see example below).

      (2)   Buildings located on sloping lots equal or greater than 26% average slope are permitted an extra story on the downhill side, provided the building height does not exceed the maximum height in feet allowed in the district.

(Ord. 08-44 § 540, passed 10-21-2008)

   (A)   Review criteria.

      (1)   Incidental. A home occupation shall be conducted in a primary dwelling or in an attached or detached accessory structure and shall be clearly incidental to the use of the primary structure as a dwelling or accessory structure as a garage, workshop, storage shed or barn.

      (2)   Appearance. In no way shall the appearance of the structure or premises be so altered or the conduct of the occupation within the structure be such that it can be recognized as serving a nonresidential use (either by color, materials, construction, lighting, signs, sounds or noises, vibrations, display of equipment and the like).

      (3)   Nuisance. The home occupation shall not cause any sustained or unpleasant noises, vibrations, noxious fumes, dust, odors or glare. The use shall not create any radio or television interference or cause any parking or additional traffic beyond what a normal single family residence would generate in the immediate neighborhood.

      (4)   Employees. No one other than a resident of the dwelling shall be employed in the conduct of a home occupation.

      (5)   Storage. No storage of materials and/or supplies, including vehicles or equipment used in the occupation, indoors or outdoors, shall be permitted which will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood. Outside storage shall be in keeping with outside storage requirements for a single family residence per this chapter.

      (6)   Vehicles. The home occupation shall not utilize or rely upon delivery or service from large vehicles not customary in residential areas.

      (7)   Traffic. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.

      (8)   Signage. Signage shall be in keeping with §§ 153.125 through 153.130 regarding nameplate identification signage for a residence and shall not advertise the home occupation.

   (B)   Enforcement. Home occupations, where permitted, shall be subject to issuance of a home occupation permit and shall comply with the noted criteria. The home occupation application shall be subject to review by the Zoning Administrator at any time. Violation of any of the criteria for a home occupation as set out in this chapter shall be grounds for cancellation of the home occupation permit. The Zoning Administrator shall have the authority to revoke the home occupation permit if it has been demonstrated that the terms and conditions of this section have been violated.

(Ord. 08-44 § 543, passed 10-21-2008)

   (A)   Purpose. This section provides standards for the installation and maintenance of landscaping, walls and screening devices in order to preserve and enhance the natural environment and beauty of the town, to minimize the adverse effects of development, and to promote the general welfare of the citizens of the town. Landscaping materials, including ground cover, shrubs and trees facilitate the control of erosion and the reduction of glare and dust, and soften the visual impact of building masses. Walls and screening devices allow the separation of potentially incompatible uses and the buffering of road noise and intensive activities. Landscaping, walls and screening devices together help to effectuate privacy, logical development and enhancement of property values. In order to preserve the unique natural character of the town, these standards emphasize the retention of native trees, shrubs, rock formations and other natural site features. To conserve water resources, use of drought tolerant plant materials and efficient irrigation systems is encouraged.

   (B)   Applicability. This section shall apply to:

      (1)   All new multi-family and nonresidential development;

      (2)   Change of use from residential to nonresidential where town approvals are required;

      (3)   Change of use from single family to multi-family residential where town approvals are required; and

      (4)   Expansion, remodeling and renovation of existing buildings on a lot or building tract, or a related or stand-alone parking lot shall provide an amount of landscaping and screening commensurate with the level or scale of the improvements.

   (C)   General requirements.

      (1)   Landscape and site plan.   

         (a)   All proposed buildings and uses shall be shown on a landscape and site plan prepared by an Arizona registrant, unless waived by the Zoning Administrator. Landscaping shall be installed per approved plan unless otherwise modified by the Zoning Administrator.

         (b)   All landscape and site plans shall indicate:

            1.   Location of existing and proposed buildings, parking areas, drainage and street improvements;

            2.   Location of existing trees outside of building footprints;

            3.   Locations and general types of landscaped treatment areas, i.e., lawn areas, low-water use areas and inorganic areas;

            4.   Proposed plant or inorganic materials to be used in each treatment area;

            5.   Underground irrigation systems to be used in each planted area; and

            6.   Curbs, walls and screening devices.

      (2)   Location of utilities and drainage facilities.

         (a)   Proposed utilities shall be located, when possible, so that their installation will not adversely affect vegetation to be retained on a site.

         (b)   Drainage ways and detention basins may be located within landscaped areas when designed compatible with the planted area and plant species.

      (3)   Installation. Landscaping, underground irrigation systems, walls and screening structures shall be installed in accordance with the approved landscape or screening plan prior to issuance of a final certificate of occupancy for the building or use. The Building Official may grant a temporary certificate of occupancy for up to six months when a performance bond is provided by the applicant to guarantee the completion of any incomplete landscape or screening improvements.

      (4)   Maintenance requirements.

         (a)   Unless otherwise specified, the maintenance of landscaping in the public right-of-way is the responsibility of the adjacent property owner, whether an individual, corporation or homeowners' association.

         (b)   Landscaped areas shall be reasonably maintained by the owner or the lessee of the property, including pruning, trimming, weeding, and other requirements necessary to create an attractive appearance for the development. Lack of maintenance of required landscaping material shall constitute a violation of this Code.

         (c)   Plant materials not surviving shall be replaced within 90 days of their demise.

      (5)   Landscaping in rights-of-way. Approval of the Public Works Director is required prior to placing landscaping and other improvements in rights-of-way.

      (6)   Irrigation. All required landscaped areas shall include a permanent, underground water irrigation system as defined herein to ensure the long-term health and growth of the landscape. Irrigation system design shall take into consideration the water-demand characteristics of plant or landscape materials used. Alternative irrigation systems may be approved the Zoning Administrator subject to proven effectiveness.

      (7)   Site disturbance. Any portion of a site disturbed by site preparation and/or construction, especially cut or fill slopes, shall be adequately revegetated and stabilized, prior to issuance of a certificate of occupancy.

   (D)   Existing vegetation; replacement and credits.

      (1)   To the extent practical, existing significant landscape features shall be preserved and incorporated into the final landscape and site plans. Existing landscaping may be used to meet the requirements of this Code if it meets the purpose and intent of this section and is included on the approved landscape plan. Such vegetation shall be protected during all phases of site development and given sufficient area and means for growth and water absorption. A credit of up to a 200% may be allowed toward shrubs otherwise required pursuant to divisions (E), (F) and (H) of this section for every shrub greater than two square feet that is preserved or transplanted.

      (2)   The tree replacement requirement shall be 50% of the total caliper of trees removed from outside of the building envelope. A 200% credit toward the tree replacement requirement shall be granted for retaining and preserving healthy trees four inches or greater in caliper size, excluding Siberian elm. This tree credit shall also count toward required landscaping in divisions (E), (F) and (H) below. Trees to be preserved shall be adequately protected from vehicles, undermining or collapse.

   (E)   Minimum landscaping standards. All undeveloped areas of each lot or tract and the adjacent right-of-way or parkway shall be landscaped with trees, shrubs, grasses, ground cover and other organic and assorted inorganic materials that create an attractive appearance in accordance with the requirements of this section; provided, however, smooth concrete or asphalt surfaces are not landscaping. Clustering of trees and shrubs is encouraged.

      (1)   Trees, shrubs and grasses. Recommended plant materials for on-site landscaping are listed in the Plant Palette below. Minimum landscaping shall include the following frequency and size of plantings:

         (a)   Trees. One tree shall be utilized per 25 linear feet (in no case closer than 25 feet apart) of required landscaped area.

         (b)   Shrubs. Four shrubs per 250 square feet (or fraction thereof) of required landscaped area shall be provided.

         (c)   Grasses, ground covers and inorganic materials. Any combination of grasses, ground covers and inorganic materials may be used for the balance of the required landscaping at the developer's discretion; however, a dressing of gravel, decomposed granite or mulch shall be required to hold moisture, slow runoff and restrain weed growth. Such dressing material shall be selected and sized to withstand potential removal by wind and storm water flows.

      (2)   Plant types/minimum plant sizes. The following minimum plant size requirements shall apply in all cases:

 

 

      (3)   Landscape plant list.

         (a)   Public rights-of-way. Plants compiled in a list by the Arizona Department of Water Resources for the Prescott AMA are required for use within any public right-of-way where potable water is utilized for irrigation.

         (b)   All other properties. Plants used to satisfy landscape requirements other than public rights-of-way are not specified in the interest of property owner discretion and creativity. However, please see the recommended plant list, or Plant Palette, in the commentary below.

   (F)   Parking area landscaping. Parking lot landscaping shall be subject to the following minimum standards:

      (1)   Parking lot perimeters.

         (a)   Street frontages.

            1.   All parking lots adjacent to a street shall be landscaped with a minimum width of ten feet on site (measured from the right-of-way edge), with plantings as specified in division (E) above. Right-of-way edges shall be cleaned up and integrated with the street frontage landscaping. The minimum landscape strip may be reduced along part of the frontage, provided an average landscaped width of ten feet is maintained along the overall frontage.

            2.   In addition, parking areas with street frontages longer than 200 feet shall be screened from street view to a height of three feet with a masonry wall, berm or dense landscaping, or a combination of two or more of these elements. Such walls shall utilize materials and otherwise be designed to be compatible with the architecture of the principal structure on the site. Landscaping shall be provided adjacent to the outside of such walls with plantings as specified in division (E) of this section.

         (b)   Other parking perimeters. Non-frontage perimeters of a parking lot shall be landscaped with a five-foot wide landscape strip with plantings as specified in division (E) above. This minimum landscape strip may be reduced to three feet when a minimum three-foot high wall is provided in accordance with division (F)(1)(a)2., above.

         (c)   Transfer of required landscaping. The Zoning Administrator may approve the transfer of required parking area landscaping from required locations to other locations on the site, provided the purpose for this section is achieved.

         (d)   Landscape protection. All landscaped areas adjacent to vehicular parking and access areas shall be protected by six-inch vertical concrete curbing, six-inch pre-cast bumpers or similar materials in order to control storm water flows and minimize damage by vehicular traffic. Vehicles may overhang landscaped areas up to two feet into landscaped areas that are at least five feet wide, but may not overhang sidewalks and other pedestrian walkways. This provision applies equally to vehicle display areas.

      (2)   Landscaped islands. Parking lots with more than 50 spaces shall provide landscaped parking islands according to the following standards:

         (a)   All landscaping parking islands shall be a minimum of four feet wide and contain a minimum of 40 square feet in area; provided, however, landscape islands may be aggregated into fewer and larger islands that meet overall planting and area standards.

         (b)   A minimum of one tree and two shrubs for every ten parking spaces shall be preserved or planted within the parking lot.

         (c)   No parking space is farther than 100 feet from a landscaped area.

         (d)   These requirements may be modified upon approval of the Zoning Administrator where exceptional design of the parking lot merits such modification and where the intent of the standard is met through alternate design schemes.

   (G)   Foundation plantings. One small (understory) tree and four shrubs per 50 linear feet of building wall shall be required within four-foot minimum width planters along all building walls that are 50 feet or longer; provided, however, that this requirement shall not apply where other required landscaping adjoins the building or where such walls are not visible from surrounding streets.

   (H)   Screening standards. Where screening is required by this Code, minimum screening in accordance with the following standards shall apply in addition to other applicable requirements. Existing vegetation or natural conditions may be used to satisfy these requirements (see division (B) of this section).

      (1)   Screening materials. Screening may be accomplished by the use of plants, earth berms, solid walls, or trees and shrubs in combination as necessary to produce an effective screening from view off-site of the use or facility requiring screening within a reasonable time.

      (2)   Screening plant list. Plants used to satisfy any required screening standards shall be limited to plants with a mature height of between six and 15 feet and foliage characteristics similar to those of the recommended plants for this purpose.

      (3)   Height of screening devices. The height of screening devices shall be measured from the highest finished grade adjacent to the screening device to maximize effectiveness in accordance with the maximum fence height requirements.

      (4)   Outdoor storage areas. All outdoor storage areas for materials and garbage containers, heavy equipment, or other similar items shall be screened from street view by a minimum six-foot high screening device. Such screening device shall consist of plant material and/or a wall constructed of or finished with materials compatible with the principal structure on the site. See also division (H)(6) below.

      (5)   Mechanical equipment.

         (a)   Roof-mounted equipment shall be screened from view from the adjoining street(s) or alley(s) in a manner integrated with the roof structure and color.

         (b)   Ground-mounted mechanical equipment shall be screened from off-site view by a screening device consisting of either plant material, a wall constructed of or finished with materials to match the principal structure on the site, a lattice or other similar containment.

      (6)   Dumpsters and solid waste receptacles.

Dumpsters and receptacles shall be completely screened from view of adjacent property in a more restrictive zoning district by opaque fence or wall that is at least one foot taller than the dumpster or solid waste receptacle.

      (7)   Loading area. Loading areas shall be screened from view off-site on three sides by a solid, fence, finished wall, or hedge at least six feet in height.

(Ord. § 547, passed 9-4-2008)

   (A)   The design and operation of the proposed facility shall meet the standards of the Office of the Arizona State Fire Marshal.

   (B)   The parcel or lot shall be of sufficient size to meet all parking and automobile circulation requirements set out by this chapter. Aboveground storage tanks shall not be permitted on lots or parcels not meeting current parking or circulation standards.

   (C)   Aboveground L.P. (liquid propane) storage tank(s) shall be a minimum of 25 feet from all property lines.

   (D)   Crash guards shall be installed on three-foot centers on all sides of L.P. fuel storage tank(s) consisting of six-foot lengths of six-inch Schedule 40 steel and embedded in concrete two feet deep and 12 inches around.

   (E)   A minimum setback or separation of 100 feet shall be maintained from the tank to the nearest residentially zoned parcel or "R" residential occupancy building as specified under the International Building Code.

   (F)   The maximum size L.P. storage tank shall not exceed 2,000 gallons (water capacity).

(Ord. § 549, passed 9-4-2008)

   (A)   Zoning requirements. Multi-sectional manufactured homes/manufactured homes are subject to the design/performance standards which follow.

   (B)   Design/performance standards.

      (1)   All manufactured homes located within the incorporated area of the town shall have an affixed "HUD" label certifying that the unit has been manufactured in accordance with the July 1, 1976 Federal Guidelines promulgated by the U.S. Department of Housing and Urban Development (HUD).

      (2)   Mobile homes, as defined in § 153.005, are prohibited as dwelling units on individual lots.

      (3)   All multi-sectional manufactured and manufactured homes located on a parcel of land are to be serviced by an approved sewage disposal system prior to habitation.

   (C)   Rehabilitation; mobile home rehabilitation. The placement or relocation of a "pre-HUD" mobile home within the incorporated area of the town shall only be authorized subject to the rehabilitation of the mobile home in accordance with established performance criteria. Mobile homes shall not be relocated and placed on-site prior to renovation and rehabilitation as provided for in this chapter. The following requirements must be certified as being met before any mobile home which is not certified as meeting HUD standards by the Arizona Office of Manufactured Housing can be installed in the incorporated area of the town. These requirements are from the Arizona Department of Building and Fire Safety Regulations (ADBFSR) and the most current edition of the International Residential Code and the International Property Maintenance Code as adopted by the town.

      (1)   A smoke detector is installed in all rooms or hallways providing access to sleeping rooms. This detector may be battery operated or hard wired with a battery backup, and is installed according to its listing.

      (2)   The walls and ceiling of each gas-fired furnace and/or water heater compartment, including doors, are lined with a minimum five-sixteenths inch drywall. If the door opens directly to the outside, it need not be covered with drywall if it is entirely of metal construction. Compartments which open to the outside are sealed from the interior of the mobile home.

      (3)   Each sleeping room has egress directly to the exterior of the mobile, either through a door, or a window of a minimum of 24 inches in clear opening height and 20 inches in clear opening width and a minimum clear opening of five square feet, and a sill height of no more than 36 inches.

      (4)   The electrical system has been tested for continuity to assure proper bonding of all metallic parts.

      (5)   The electrical system has been tested for operation to demonstrate that all parts (switches, outlets, light fixtures, panels and the like) are in good working order.

      (6)   The electrical system has been given a polarity check to determine that all connections are proper.

      (7)   The electrical system is properly protected for the required amperage load.

      (8)   If the wiring in the mobile home is of aluminum conductors, all switches and outlets connected directly to the conductors are marked CO/ALR.

      (9)   All exterior outlets are GFCI protected.

      (10)   Conductors of dissimilar metals (i.e., copper and aluminum) are connected in accordance with NEC Section 110-14.

      (11)   The gas piping system has been tested with a mercury manometer or slope gauge with appliance valves removed and piping capped at a minimum pressure of three PSI for ten minutes without showing loss of pressure.

(ADBFSR)

      (12)   There is at least one room of at least 120 square feet, and all habitable rooms are at least 70 square feet in size.

      (13)   There is at least one bathroom with a water closet, lavatory and a bathtub or shower, all of which are in working order; this bathroom is separated from other rooms of the mobile by a tight fitting door.

      (14)   There is a kitchen with a kitchen sink and cooking facilities.

      (15)   The mobile home is plumbed for hot and cold running water.

      (16)   The floor of the area surrounding the water closet is finished, that is the floor surface is a finished material (e.g., tile, vinyl and the like) not adversely affected by moisture.

      (17)   The mobile home is structurally protected to provide shelter for the occupant against the elements and to exclude dampness. Windows and siding are in place and in serviceable condition. SERVICEABLE shall mean all windows are glazed and no openings boarded over. Siding shall be free of holes and shall not exhibit undue or detrimental weathering.

      (18)   There are heating facilities capable of maintaining a temperature of 70°F at a point three feet above the floor in all habitable rooms.

      (19)   Every habitable room has two electrical convenience outlets and one electrical light fixture.

      (20)   The structure is safe. No conditions exist which endanger life, limb, health, property, safety or welfare of the public or occupants.

   (D)   Certification.

      (1)   It shall be the responsibility of the permittee to demonstrate to the Zoning Administrator that any mobile home for which an installation permit is requested to be placed within the incorporated area of the town was previously permitted or pre-existing within the town and is in compliance with the requirements set forth in this chapter prior to installation.

      (2)   Upon completion and certification demonstrating that the unit meets the prescribed rehabilitation requirements in this chapter, the Zoning Administrator will issue a certificate of compliance for placement of each unit.

      (3)   Upon completion of rehabilitation modifications as specified and upon verification of same, a certificate of rehabilitation will be issued by the Zoning Administrator. The certificate shall verify that the mobile home was inspected on (date) by (qualified inspector named) and found to fully comply with mobile home rehabilitation standards of this chapter.

(Ord. § 552, passed 9-4-2008)

   (A)   Permits.

      (1)   Permits shall be required for all buildings and structures within manufactured home parks. It shall be unlawful for any person to construct, maintain or operate any manufactured home park or trailer camp within the limits of the town unless he, she or any firm holds a valid clearance issued by the Zoning Administrator in the name of such person, persons or firm for each specific manufactured home, trailer or structure. The fee for this clearance shall be determined by resolution of Town Council. Upon completion of the administrative review with comment period process (§ 153.067), issuance of zoning clearances and applicable permits shall be made by the Zoning Administrator and shall be contingent upon:

         (a)   Compliance with all health laws and regulations of the State of Arizona and the County of Yavapai; and

         (b)   Compliance with this local regulation.

      (2)   Applications for zoning clearance and building permits to construct or enlarge manufactured home parks, RV parks or travel trailer camps shall be made in writing, signed by the applicant who shall file with the application proof of ownership of the premises or of a lease or written permission from the owner thereof, together with a complete set of plans drawn to scale, showing the location of the proposed manufactured home park, RV park or trailer camp, and which shall include:

         (a)   The areas and dimensions of the tract of land;

         (b)   The maximum number, location and size of all RV, manufactured home or trailer spaces;

         (c)   The location of any existing buildings and any proposed structures;

         (d)   The location and width of access driveways, roadways, parking areas, walkways and turn-arounds;

         (e)   The location of electrical, water, storm drainage, and sewer lines and the sewage disposal systems;

         (f)   The location and elevation of all flood hazard areas; and

         (g)   A contour map showing the proposed grading of the park or camp.

      (3)   No person shall construct or enlarge a manufactured home park, RV park or trailer camp without first obtaining favorable outcome of the administrative review with comment period process or use permit.

      (4)   Before giving site plan approval the Zoning Administrator may require a performance bond from the operator of the park to assure that the park or camp is constructed and maintained in a satisfactory manner. The Zoning Administrator may require any other improvements and facilities before approving the manufactured home park, RV park or trailer camp, in the interest of public safety, health and welfare. The Zoning Administrator may accept the proposed plan, accept the proposed plan with recommended changes, or reject the plan.

   (B)   Manufactured home park standards. The following regulations shall apply in respect to manufactured home parks and all recreational vehicles, manufactured homes and travel trailers in the park:

      (1)   Parks shall provide for individual spaces, access driveways, parking and recreation open spaces.

      (2)   Parks shall provide at least 10% of the total area for recreation or other open space purposes.

      (3)   Parks shall be developed in accordance with § 153.048, unless otherwise specified in this section.

      (4)   All utility lines, cable TV and electric transmission lines shall be placed underground. Each space shall be provided with water, sanitary sewer, electric lines, telephone lines and gas lines if needed in compliance with applicable county and town ordinances. Fire hydrants shall be installed by the developer as approved by the Zoning Administrator and the Fire District in which the park is to be located.

      (5)   Refuse collection areas shall be central and screened from public view.

      (6)   Minimum ratio of community use area shall be 10% of the total area. Such land may include all land devoted to recreation and service facilities, landscaping not included within manufactured home spaces, and accessory parking areas. Such land shall not include recreational vehicle storage areas, private streets, boundary landscaping areas and refuse areas.

      (7)   Recreational vehicle storage areas, if provided, shall be at the minimum ratio of 50 square feet of land for each manufactured home space and shall be surfaced with surface material. If no recreational vehicle storage is provided, recreational vehicles shall not be stored at individual spaces.

   (C)   Parking requirements.

      (1)   A minimum of two off-street parking spaces will be provided for each unit space. The parking spaces and the drive shall be dust-proofed and surfaced with crushed rock or similar material. The parking spaces may be arranged in tandem design.

      (2)   Guest automobile parking shall be provided at a minimum ratio of three parking spaces for each five unit spaces.

      (3)   A minimum of two vehicular entrances shall be provided for each park. One entrance may be kept closed to the public if provision is made for emergency access.

      (4)   Street lighting shall be provided along the park streets for the safety of pedestrians.

      (5)   A sidewalk shall be provided along one side of all streets and drives within the park.

      (6)   A strip of land, 20 feet in width, shall be maintained as landscaped area abutting all park property lines.

   (D)   Certificate of compliance. No certificate of compliance shall be issued unless and until the following requirements have been met: unless and until 30% of the spaces planned in any park, or ten such spaces, whichever is greater, shall have been completely prepared, constructed and equipped for use in all respects; and unless and until such portion of the park's community facilities in the category of, but not limited to, driveways, laundry facilities, bath, wash and toilet rooms as the Zoning Administrator may require, shall have been completely prepared, constructed and equipped for use in all respects.

   (E)   Travel trailer camp standards. The following regulations shall apply in respect to all trailer camps:

      (1)   Trailer camps shall provide for individual trailer spaces, access driveways and parking.

      (2)   Each trailer space shall be at least 1,500 square feet in area, and at least 30 feet in width and have at a minimum a compacted gravel surface at least ten feet in width and 20 feet in depth.

      (3)   A strip of land at least 20 feet in width shall be maintained as a landscaped area abutting all trailer camp property lines except when the camp boundary is adjacent to residential uses, when the landscaped area shall be at least 50 feet in width.

   (F)   Nonconforming uses.

      (1)   Existing mobile home parks may be exempted from the requirements of this chapter, except in the expansion of the mobile home park, whereby areas of expansion shall be in conformance with the requirements of this chapter. Expansion in addition to the expansion allowed under the nonconforming use provisions shall result in the full compliance of the existing mobile home park with the provisions of this chapter.

      (2)   Existing mobile home parks shall be subject to § 153.002 for zoning clearance and permit issuance.

(Ord. § 555, passed 9-4-2008)

   No use or structure shall be operated in such a manner as to be an explosion or fire hazard; nor cause to be exhausted or emitted into the atmosphere any smoke, soot, dust, radiation, odor, noise, vibration, heat, glare or toxic fumes to such an extent as to constitute a nuisance; nor shall water carried waste or pollutants be diverted into any open water course. The dispensing or handling of fuels, paint thinner or similar explosion- or fire-producing materials shall comply with Underwriters Laboratories, Inc. standards or better.

(Ord. 08-44 §558, passed 10-21-2008)

   (A)   A site plan acceptable to the Zoning Administrator shall be submitted prior to the creation or expansion of outside display.

   (B)   Where an area of outside display is contiguous to a parcel or parcels zoned or used for residential purposes:

      (1)   A solid screen six feet or more in height shall be installed, the screening to be reduced to four feet in height within the front yard area of the abutting parcels (or elsewhere for purposes of safe sight distance for ingress/egress), and the screening to consist of one or more of the following: decorative wall, decorative fence, earth landscaping, dense live plant material, or depressed (lower than surrounding grade) display area in keeping with natural terrain; or

      (2)   A setback of the display area of at least 20 feet shall be maintained from the abutting parcels.

   (C)   Where an area of outside display abuts a street on the side or rear which is contiguous to a parcel or parcels zoned or used for residential purpose:

      (1)   There shall be a landscaped border not less than six feet in width and a solid wall four feet in height shall be erected between the landscaped area and display area (excepting areas for ingress and egress); or

      (2)   A setback of the display area of at least 20 feet shall be maintained from the abutting street right-of-way.

   (D)   Where an area of outside display abuts a public right-of-way (or a private street used as if it were a public right-of-way) a setback of the display area shall be maintained meeting the following minimum conditions:

      (1)   Twenty feet from the nearest edge of pavement (or useable road surface); and

      (2)   Six feet from the right-of-way line.

   (E)   No outside display shall interfere with required parking or maneuvering room for employees and customers, nor with required loading areas, nor with fire lanes to the building(s) nor with pedestrian ways or crosswalks, nor with safe sight distance for ingress and egress.

   (F)   Paving of display area shall meet minimum town road standards.

   (G)   Landscaping of a six-foot strip around the periphery of the display area shall be maintained, except where a zero setback is permitted, such as an internal lot line adjacent to a commercial zone.

   (H)   Lighting of the display area shall be reduced (to the minimum necessary for security purposes) between hours of operation.

   (I)   No unscreened outside storage of parts, nor outside display or parking of vehicles or accessories not in operating and saleable condition shall take place on the premises (whether or not other outside display is taking place).

(Ord. 08-44 § 561, passed 10-21-2008)

   (A)   The outside storage of objects and materials shall be permitted as an accessory use (i.e.: where a primary use has already been established) in all residential zones that allow residential uses plus RS, PAD, PM, RCD and OS zones, provided the following conditions are met:

      (1)   A property owner or tenant may park or store any number of personally owned vehicles outside on residential property where a primary residential use has been established, provided that all vehicles are for personal use and are complete, operable and currently licensed and are arranged in an orderly fashion. Vehicles unable to meet these conditions will be deemed disabled or inoperable. Said disabled vehicles or vehicles determined to meet the definition of a junk vehicle are limited to two per parcel. These disabled, inoperable junk vehicles must be placed in the side or rear yard (but not within the required front yard setback) and screened in such a manner so as they are not visible from any public or private street right-of-way or adjacent property. Personally owned vehicles may be offered for sale on an individual person-to-person basis on a residentially zoned parcel where a primary residential use has already been established, provided that no more than two vehicles may be offered for sale at any one time. Unlimited areas of firewood may be stored, provided that the firewood is for on-site personal use only and is stacked no higher than six feet unless against a structure.

      (2)   Unlimited areas of construction materials may be temporarily stored, provided that the construction materials are for use on-site pursuant to a current, valid construction permit and are stacked no higher than six feet and are kept at least ten feet from all property lines of adjacent occupied residential properties.

      (3)   A property owner or tenant may park or store any number of personally owned (and for personal use) travel trailers, motor homes, recreational vehicles, boats, boat trailers, utility trailers, or other similar items designed for personal noncommercial uses outside on residential property where a primary residential use has been established. No more than one travel trailer, motor home or recreational vehicle, boat, trailer, etc. which is owned by a party other than the present owner or tenant of the property shall be stored. No travel trailers, motor homes or recreational vehicles on residentially zoned parcels or lots shall be used or made suitable for use for long-term occupancy without a temporary dwelling permit or use permit. Evidence of an intention for long-term occupancy shall include at least three of the following:

         (a)   Being hooked up to power.

         (b)   Being hooked up to water.

         (c)   Being hooked up to sewer or septic facilities.

         (d)   Being raised or leveled by means of jacks or blocks.

         (e)   Having a mailbox.

         (f)   Having any attached or adjacent structure or improvement that enhances the on-site livability and/or decreases the mobility of the vehicle.

         (g)   Removal of wheels or axles or hitches on a vehicle normally fitted with wheels and axles and/or hitches.

      (4)   Temporary use of a travel trailer, motor home or recreational vehicle as an occasional overflow guest room for non-paying or non-reimbursing relatives or guests is authorized as outlined provided such interim use does not exceed 90 days of continuous duration or a total of 90 days in a year or one 12-month period. Temporary use of recreational vehicles shall be only authorized upon satisfaction of the following performance criteria:

         (a)   Subject property is occupied by a permitted primary residential structure.

         (b)   The Yavapai County Environmental Unit shall be furnished with information to determine that the septic or sanitary facilities are adequate to accommodate additional effluent from the temporary recreational vehicle (RV) unit installation.

         (c)   Verification by the Zoning Administrator that the foregoing criteria have been addressed prior to authorizing occupancy of the unit.

      (5)   All boats, trailers, motor homes, travel trailers, recreational vehicles shall be kept in reasonable repair and operable and neatly arranged.

      (6)   No mobile home shall be placed or kept on a lot without a current valid zoning clearance or a current valid construction permit or temporary dwelling permit and without erection of permanent foundations and hook ups to facilities, permanent piers, blocks or foundations.

      (7)   Appliances (washers, dryers, refrigerators, freezers, ranges, stoves, furnaces, water heaters, air conditioners, etc.) may be stored outside, provided said appliances are in an operable condition and are hooked up for personal on-site use and are placed behind a screen wall or landscaping such that the appliances are not within the public view.

      (8)   Furniture may be stored outside, provided such furniture is in reasonable repair and weather resistant condition and is intended for personal on-site use and are placed behind a screen wall or landscaping such that the appliances are not within the public view.

      (9)   A property owner or tenant may park or store construction, mining, or farming equipment or machinery outside, provided such equipment or machinery is in operable condition and is intended for personal on-site use.

      (10)   No vehicular parts, components or accessories not independently operable, nor any large non-structural objects, which are in disuse, or for use other than on site shall be stored outside.

      (11)   Any outside storage unable to meet the above exceptions and conditions must meet one of the following restrictions:

         (a)    Methods of screening for outside storage may include acceptable wooden fencing, masonry walls, rock walls, landscaped berms or live vegetative screening. All outside storage shall be totally screened from view of any contiguous property or right-of-way or easement and located in the side or rear yard. All screening for outside storage shall be subject to the review and approval of the Zoning Administrator. Adjoining property owners will be notified by mail of the proposed location and method of screening when an alternative method of screening is presented to staff for their consideration.

         (b)   Outside storage, except outside storage of steel cargo containers governed by § 153.086(A)(13), shall not exceed the heights and square footages provided for the setbacks from the nearest property line as follows:

 

 

      (12)   Manufactured homes, mobile homes, travel trailers, recreational vehicles, truck trailers, commercial trailers, boxcars, or any other vehicle shall not be attached to or placed on any lot and are not allowed to be stored or utilized for storage purposes in any district, with the exception of the specific allowances referenced in division (A)(1) through (12) and § 153.035. These prohibited vehicles/containers may be considered for storage when there are unique circumstances subject to obtaining an approved use permit.

      (13)   The outside storage of steel storage containers is allowed as an accessory use, solely for the storage of personal items owned by the property owner, occupant or business (in appropriate commercially designated areas in the RMM and the use districts listed in § 153.086(A)), provided as follows:

         (a)   An approval letter from the Zoning Administrator is obtained prior to placement of the unit.

         (b)   Containers shall meet the minimum yard requirements of the primary structure in the applicable density district as well as building separation and lot coverage requirements.

         (c)   Any electrical service to comply with applicable adopted building codes and other town codes.

   (B)   The outside storage of objects and materials shall be a permitted accessory use in C1 and C2 (general commercial) zones provided that:

      (1)   All conditions of outside storage shall be met except that “on-site personal use” shall be construed to include those uses incidental to the permitted commercial (as well as personal) uses pertaining to the property.

      (2)   All conditions of outside storage shall apply except that one travel trailer, motor home or recreational vehicle may be hooked up to power, water, sewer or septic facilities or otherwise made suitable for long term occupancy for the purposes of a caretaker/watchman’s quarters only per parcel in a C1 or C2 zone without a use permit approval or PAD for a travel trailer/recreational vehicle park for watchman/caretaker purposes.

      (3)   No merchandise shall be displayed or stored outside in a C1or C2 zone except as provided for vehicles in the C1 Use District or by use permit (§ 153.091). Merchandise displayed temporarily during business hours only under the roof of an attached porch or carport shall be considered inside display. Vending machines permanently installed against but outside of a structure shall not be considered outside display.

   (C)   The outside storage of objects and materials shall be a permitted accessory use in C3 (heavy commercial) zones as per divisions (B)(1) and (2). above except that square footage limits and setbacks shall be waived. Height limitations and screening requirements shall not be waived.

   (D)   The outside storage of objects and materials shall be a permitted accessory use in M1 and M2 (industrial) zones, provided that screening is provided from non-industrially zoned properties within 200 feet.

   (E)   Outside storage not complying with this division is hereby deemed a public nuisance and shall not enjoy any rights to continuation, restoration, exchange of uses, or expansion as if a lawful non-conforming use, and shall be abated.

(Ord. 08-44 § 564, passed 10-21-2008; Am. Ord. 20-150, passed 1-21-2020)

   Where a commercial, office or nonresidential use abuts property in any residential zone, a masonry wall six feet in height, above the average elevation of the ground level within a six-foot radius of the point of measurement on the fence or wall shall be erected and maintained between such uses and the residential zone. Walls in the front yard setback shall not exceed heights of four feet. Alternatives that are equivalent to a six-foot masonry wall, including double-sided solid wood fencing, stuccoed wood frame walls, native stone or rock veneered walls or a dense live vegetative buffer, may be approved by the Planning and Zoning Commission or the Community Development Director or Zoning Administrator or his/her designee.

(Ord. 08-44 § 567, passed 10-21-2008)

   (A)   Use district provisions. Temporary real estate offices are permitted within the R1L (Single Family Limited) Use District in conjunction with an approved subdivision plat and subject to performance standards outlined under division (C) below.

   (B)   Use restrictions. No activities other than the representation for sale of lots and homes within the approved subdivision in which the sales office is located.

   (C)   Design/performance standards.

      (1)   Sales facility shall be utilized for on-site sales of lots and homes within the approved subdivision only.

      (2)   Temporary sales facility shall only be administratively authorized for a period of three years from approval of phase one of the project and/or issuance of the public report from the Arizona Department of Real Estate (ADRE). Extensions beyond the initial period shall require a use permit.

      (3)   Staff approval of site plan drawn to scale prior to issuance of building permits and initiation of the use. Plan shall indicate number of on/off-street parking spaces, handicap parking, disabled accessibility, restroom facilities, lot surfacing, signage height/location and compliance with other applicable regulations.

      (4)   Temporary signage to comply with current Planning and Zoning Ordinance and Subdivision Regulations.

      (5)   At the end of the three-year authorization period or termination of the use, whichever comes first, all temporary signage is to be removed.

(Ord. 08-44 § 570, passed 10-21-2008)

   (A)   Zoning requirements. Self-service storage facilities are allowed in C2, C3, PM, M1 and M2 Zoning Districts.

   (B)   Use restrictions. No activities other than rental of storage units and pick-up and deposit of dead storage shall be allowed within the self-storage complex.

      (1)   Other permitted uses may be allowed on the property subject to all applicable zoning district regulations. General commercial uses set out under the C2 Zoning District are permitted on residual commercially zoned acreage that is not involved in the mini-storage complex. Security guard's or manager's quarters are permitted subject to compliance with residential building code requirements.

      (2)   Examples of activities prohibited at self-storage facilities include but are not limited to the following:

         (a)   Commercial wholesale or retail sales, or miscellaneous auctions and garage sales prohibited except for the purpose of foreclosure liquidation by a proprietor as outlined under A.R.S. §§ 33-1701 through 33-1706;

         (b)   The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment;

         (c)   The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment;

         (d)   The establishment of a transfer and storage business;

         (e)   Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations;

         (f)   Storing of radioactive materials, explosives and flammable or hazardous chemicals;

         (g)   Use as a residence or for housing animals is prohibited; and

         (h)   Utilizing the self-storage facility for other than dead storage (see definitions in § 153.005).

      (3)   All storage, rental or purchase contracts shall include the above listed restrictions.

   (C)   Design/performance standards.

      (1)   Lot requirements.

         (a)   Lot size to be a minimum of one-half acre; and

         (b)   Lot coverage to be a maximum of 50%.

      (2)   Lane width. Driving/loading lanes shall be a minimum of 26 feet in width (paved driving surface) when cubicles open onto one side of the lane only and a minimum of 36 feet when cubicles open onto both sides of the lane. Driveway corners shall have a minimum 30-foot radius. Dead-end driveways shall in no instance exceed in length the requirements of the Fire Code and in instances that dead-end driveways exceed 150 feet in length, same shall be reviewed and approved in writing by the local Fire Marshal and in the absence of a Fire District, the Chief Building Official to verify compliance with the International Fire Code.

      (3)   Setbacks.

         (a)   All facets of the development structures shall be set back a minimum of 20 feet from the required fence for fire access purposes.

         (b)   A ten-foot separation must be maintained between all buildings.

      (4)   Fire suppression. Facility shall conform to the International Fire Code requirements relating to type of construction, accessibility, building separations, water storage and fire flows, and the like. A zoning approval letter drafted by the Zoning Administrator shall be included with a written statement from the affected local Fire District Fire Marshal.

      (5)   Access. An emergency ingress/egress shall be provided in addition to at least one main ingress/egress for customer use.

      (6)   Building height restrictions.

         (a)   Maximum height for one story not to exceed 14 feet at the eaves; and

         (b)   Maximum height for two stories not to exceed 30 feet.

      (7)   Signage. Signage restrictions shall be as specified in §§ 153.125 through 153.130 .

      (8)   Fencing. Perimeter fencing shall conform to the general provisions for protective screening (§ 153.087).

      (9)   Parking. One parking space per employee plus one space per 50 storage units will be required.

(Ord. 08-44 § 573, passed 10-21-2008)

   (A)   General. Every swimming pool shall be completely enclosed by a permanent fence, wall or barrier intended to restrict access to the swimming pool from public property, adjacent private property, and directly from all dwelling units or guestrooms located on the same premises as the swimming pool. For purposes of this section, the term SWIMMING POOL shall mean any structure intended for swimming, diving or recreational bathing which contains water 18 inches or more in depth at any point, including temporary, portable or permanent swimming pools, hot tubs or spas, whether located indoors, outdoors, in ground, on grade or above grade.

      (1)   Exceptions include:

         (a)   In lieu of the barrier requirements listed, a spa, hot tub or other contained body of water which is more than 18 inches in depth and less than eight feet at its widest point may be equipped with a safety cover which complies with ASTM F-1346.

         (b)   Aboveground swimming pools which have nonclimbable sides not less than 48 inches high above adjacent ground level may be located on a single family residential property without requiring a fence or barrier between the pool and the dwelling while still requiring the pool to be fenced/enclosed from other properties, provided any steps or ladders are either removable without the use of tools or are designed to be secured in an inaccessible position with a lock or latch located not less than 54 inches above adjacent ground level. Prior approval of the Chief Building Official shall be required for this exception to be applicable.

      (2)   The swimming pool enclosure and barrier detail requirements of this section shall apply to all new swimming pools installed on or after the adoption hereof, and to all alterations, repairs or replacements made to existing swimming pool enclosures.

      (3)   It is the responsibility of the property owner and any other responsible person in charge of a swimming pool to ensure that the required swimming pool enclosure, including all gates, doors, locks, latches and other portions of the barrier, are maintained in safe and in good working order at all times. No person shall alter or remove any portion of a swimming pool enclosure except to repair, reconstruct or replace the enclosure in compliance with the provisions of this section.

   (B)   Barrier details.  

      (1)   Generally.  

         (a)   Swimming pool barriers shall be of a permanent fence, a wall, a building wall, or a combination thereof which completely surrounds the swimming pool. The pool side of the barrier shall not be less than 20 inches from the water's edge. The top of the barrier, including all gates and doors therein, shall not be less than five feet above the floor or underlying ground, measured on the exterior side of the enclosure.

         (b)   Exception: Due to changes in pool technology, the 20-inch requirement may be waived by the Chief Building Official in those circumstances where this waiver will not affect the intent of this section (pool safety). There shall be no openings, holes or gaps in a swimming pool barrier large enough for a sphere four inches in diameter to pass through. A barrier fence or wall shall not be climbable; that is, have no handholds or footholds accessible from the exterior side of the enclosure. Wire mesh or chain link fences shall have a maximum mesh size of one and three-fourths inches measured horizontally.

      (2)   Gates. All gates in a swimming pool enclosure shall be equipped to accommodate a locking device. All pedestrian access gates shall be self-closing and self-locking and open outward, away from the pool. Gates other than pedestrian access gates need not be self-closing or self-locking when they are kept secure by a padlock or similar locking device. Gate locks shall be located not less than 54 inches above the underlying ground. Exception: The Chief Building Official may approve the use of a self-latching device if it is demonstrated that comparable safety may be achieved with this substitution and approval is secured in advance.

      (3)   Doors. All doors leaving from a dwelling unit or guestroom directly into a swimming pool enclosure shall be self-closing and self-locking. Sliding doors shall not form part of a required barrier unless the self-closing and self-locking mechanism is specifically approved by the Chief Building Official for this purpose prior to construction.

      (4)   Windows. Emergency escape or rescue windows from sleeping rooms which face within a swimming pool enclosure shall be equipped with a latching device located 54 inches above the floor. All other operable dwelling unit or guestroom windows facing within a swimming pool enclosure shall be equipped with screwed in-place wire mesh screen, a keyed lock that prevents opening the window more than four inches, or a latching device located not less than 54 inches above the floor.

   (C)   Limitation of application. This section does not apply to:

      (1)   A system of sumps, irrigation canals, irrigation, flood control or drainage work constructed or operated for the purpose of storing, delivering, distributing or conveying water;

      (2)   Stock ponds, storage tanks, livestock operations, livestock watering troughs, or other structures used in normal agricultural purposes;

      (3)   Pools which are regulated by the Arizona Department of Environmental Quality;

      (4)   Ornamental water fixtures not intended for swimming, recreational bathing or other water-related activities; or

      (5)   A contained body of water or barrier constructed prior to the effective date of this section.

   (D)   Site requirements. The site of the contained body of water subject to this section shall be located in accordance with yards and courts, as set forth in § 153.093. The location of accessory equipment shall be in accordance with the requirements of the latest adopted edition of the International Mechanical Code.

   (E)   Approval required before use. These enclosure requirements shall be in place and approved prior to admitting water into the swimming pool, hot tub, spa or other regulated water container.

   (F)   Stricter provisions. This section, adopted after the effective date of A.R.S. § 36-1681, is certified as being equal to or more stringent than the provisions thereof.

   (G)   Fencing requirement not exempted. Exemption from other requirements of the Zoning Regulations or adopted building codes shall not eliminate requirements for pool fencing as required by this section.

   (H)   Interpretation. Enclosure requirements and performance criteria shall be interpreted and ruled by the Chief Building Official. He or she may approve alternate designs if investigation of the alternative finds that the proposed design is satisfactory and provides the same or a higher level of safety. The Chief Building Official's decisions may be appealed to the Building Safety Advisory and Appeals Board.

(Ord. § 579, passed 9-4-2008)

      (1)   Is compatible with permitted uses in the underlying zoning district;

      (2)   Is in compliance with the town's General Plan and applicable town regulations; and

      (3)   Meets or exceeds the conditions and criteria described in this section.

      (1)   All uses allowed in the use district where a use permit is specified shall be processed in accordance with the regulations of this section.

      (2)   A use permit may also be requested for a use that is first permitted in a less restrictive zoning district, except for those specifically excluded as noted in division (B)(5) below. Zoning districts as described in §§ 153.035(B) through 153.047 allow uses of varying intensities that range from:

         (a)   Most restrictive, such as low density residential single family to medium density residential single-family;

         (b)   To less restrictive uses, such as higher density residential multi-family and commercial-business uses;

         (c)   And to the least restrictive uses, such as manufacturing-industrial uses.

 

 

      (3)   Use permits are granted at the sole discretion of the Town Council and refusal is not the denial of a right.

      (4)   The granting of a use permit by the Town Council does not constitute a permanent use nor does it grant a vested right beyond the term of the permit.

      (5)   Uses which are excluded from the granting of a use permit (i.e., can not be granted) are those specifically prohibited in the Town Code including but not limited to landfill disposals, solid waste landfills and any similar storage or processing of solid waste; and those specified within each use district including but not limited to the exclusion of the following:

 

      (1)   Use permits may contain specific limitations on the scope, nature and duration of the use as deemed proper to secure the objectives of the town's General Plan and to be in accordance with the following conditions and criteria.

         (a)   Use permits may be granted for duration of no more than five years. A request for renewal/extension (to extend the duration of the permitted use as originally approved) must be processed in the same manner as the original use permit request, except that the Town Council may review and extend a use permit upon its expiration without posting or publication, provided no material condition of the use permit is altered.

      (2)   The applicant must demonstrate to the satisfaction of the Town Council that any structure or use requested will not be detrimental to persons or property in the vicinity and that the use is in the best interests of the public health, safety and welfare; criteria to be considered include the following:

         (a)   Any significant increase in vehicular or pedestrian traffic;

         (b)   Nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat, or glare at a level exceeding that of ambient conditions;

         (c)   Contributions to the deterioration of the neighborhood or to the downgrading of property values;

         (d)   Incompatibility with existing adjacent structures and uses;

         (e)   Nuisances from inadequate control of disruptive behavior both inside and outside the premises.

      (3)   The applicant must demonstrate the ability to comply with any specific conditions imposed by the Town Council.

      (1)   Use permits shall be applied for in the same manner as zoning district changes as specified in § 153.022, reviewed at public hearings of both the Planning and Zoning Advisory Commission and the Town Council.

      (2)   Where an application involves a definite scheme, the applicant must submit a layout and landscape plan, building elevations and other pertinent data as may be requested.

      (3)   Permittees must obtain building permits within one year from the permit date and diligently pursue completion. Failure of such shall void the use permit unless a longer time has been granted or an extension of time has been applied for with the Zoning Administrator prior to the expiration of the one-year period.

         (a)   The Zoning Administrator may administratively grant up to a one-year extension of time for obtaining building permits and completion of improvements as conditioned. Any further requests for such extensions of time must be applied for and approved by both the Planning and Zoning Commission and Town Council prior to the expiration of the administrative extension of time.

      (4)   Use permits for temporary special events such as festivals, seasonal agricultural events, farmers markets, parades, carnivals and other community activities may be administratively granted subject to meeting all conditions and criteria of this section, and subject to compliance with regulatory codes for safety and health, and are of a temporary, limited duration appropriate to the activity.

      (5)   Violation of the terms of the use permit or this section voids the use permit.

      (6)   If the use or uses for which a use permit has been granted are discontinued for a continuous period of 12 months, the use permit shall be voided.

      (7)   Decisions by the Zoning Administrator which result in the voiding of a use permit may be appealed to the Town Council subject to an application for appeal being on file with the Zoning Administrator within 30 days of notification of the use permit being voided.

      (8)   Within 30 days permittees shall notify the Zoning Administrator of any change of address of the permittee, any change of use of the permitted property, and/or any change of ownership or operator of the permitted use.

         (a)   The new owner/operator of the use shall apply for a transfer of the use permit within 30 days of the effective date of the change. Such transfer of the use permit shall be reviewed for compliance with all conditions imposed in the original use permit application approval.

         (b)   Any modifications, alterations or increased intensities that conflict with the use permit and/or conditions of approval shall result in the requirement of a new use permit application in compliance with the procedures listed in this section.

(Ord. § 582, passed 9-4-2008; Am. Ord. 10-70, passed 7-6-2010; Am. Ord. 11-83, passed 4-19-2011)

   The following activities are not allowed in the C3 Commercial Zoning District:

   (A)   Any fabrication by means of welding, cutting, heating, bending, molding, forging, grinding, milling or machining (such operations are permissible as an adjunct to repair only, not for manufacturing a product);

   (B)   Frame work or major body or fender work;

   (C)   Any work on vehicles outside permitted structures or enclosures, unless on the service apron of a gasoline service station;

   (D)   Any unscreened outside storage of parts, materials or disabled vehicles;

   (E)   Any draining or dumping of oil, fuel, grease, cleaning fluids or hazardous materials on the pavement, gravel, ground, drainage system or in any other unauthorized place or method;

   (F)   Any hours of operation between 10:00 p.m. and 6:00 a.m. within 200 feet of any parcel zoned or used for residential purposes; or

   (G)   Any use or structure failing to comply with applicable local and state fire safety standards.

(Ord. § 585, passed 9-4-2008)

   (A)   A yard or court, as defined in § 153.005, shall be unobstructed from the ground up by structures (other than fences, freestanding walls, signs and certain subsequently permitted deviations and projections). Where reference is to a "required setback" for a structure same shall designate the minimum yard therefor. No lot shall be reduced in such a manner to reduce any yard or open space below the minimum required therefor. No yard or open space required for a structure on one lot shall serve the same purpose for a structure on another lot. Through lots fronting on two streets shall be considered (for required setback purposes) as having two front yards. No device, such as doors and windows, may be so installed as to protrude beyond a lot boundary in the operation thereof.

   (B)   Yard deviations, where not in conflict with future width line:

      (1)   Front yard deviations.

         (a)   Where all or some of the existing buildings in the same block with a proposed building, and lying within 100 feet therefrom, vary from the minimum front yard requirements, then the average front yard depth for such existing buildings shall determine the required minimum yard depth for the proposed building (unless waived in writing by owners of the other buildings). In no case may such yard depth be less than the minimum required for the district, nor need the yard depth be required to exceed by 50% of the required minimum.

         (b)   On lots rising in elevation from front to center and exceeding 26% grade thereon, the front yard may be reduced not to exceed 50% of the required minimum.

      (2)   Side yard deviations.

         (a)   On any interior residential zoned lot lacking rear access (other than from the front street) and where a garage or carport is not attached to the principal building, then one side yard must measure no less than nine feet to provide access to rear parking.

         (b)   On a corner lot backing to a key lot no structure exceeding a four-foot height may be located adjacent to the side street within a triangular area formed by a line connecting the street intersection with the required front setback line of the key lot.

         (c)   When a lot sides on an alley, the required side yard adjacent thereto may be reduced not to exceed 50%, provided the reduced setback, plus half the alley width, is not less than the yard width required for the district.

         (d)   On legal sub-standard width lots, an interior side yard may be reduced by half the lot width shortage, provided the reduction does not exceed 25% of the required yard width.

      (3)   Rear yard deviations.

         (a)   On lots of less than 280 feet depth, the required rear yard shall be increased by the width of a potential half alley.

         (b)   On lots exceeding 280 feet depth, the required rear yard shall be increased by the width of a potential half street.

   (C)   Encroachment into yards, where not in conflict with future width lines: no structure (other than fences, freestanding walls or signs) shall be located so as to encroach upon or reduce any open space, yard, setback requirement, lot area or parking area as is designated under these provisions or under the provisions of the district in which located, except that:

      (1)   All yards encroachments.

         (a)   Cornices, eaves, coolers, decks and open balconies, fire escapes, stairways or fire towers may project no more than five feet into any required yard or court, but no closer than two feet from any lot boundary.

         (b)   Sills, leaders, belt course (and similar ornamental features) and chimneys may project two feet into any required yard or court.

      (2)   Front yard encroachments.

         (a)   A bay window, oriel, entrance or vestibule not exceeding a ten-foot width may project three feet into any required front yard.

         (b)   An attached open porch, deck or open balcony, or a carport may project no more than six feet into any front yard.

      (3)   Rear yard encroachments.

         (a)   A bay window, oriel, entrance or vestibule not exceeding a ten-foot width may project three feet into any required rear yard.

         (b)   An attached open porch, deck or open balcony, or a carport may project no more than ten feet into any required rear yard, but no closer than ten feet from any common lot boundary.

         (c)   A detached accessory structure may be placed in a required rear yard, provided same does not:

            1.   Encroach upon the end quarter of a through lot;

            2.   Be nearer the side lot line of the front half of any adjacent lot than the required side yard of such lot; or

            3.   Be nearer any property line than is allowed for a principal building for any portion of an accessory building to be used for dwelling or sleeping purposes. None of the foregoing provisions for detached accessory buildings shall limit such building from location farther than 75 feet from any lot boundary.

   (D)   Setbacks from streets and alleys (yard depth) are measured from the right-of-way or easement (or what would be such where only a partial right-of-way exists).

   (E)   Swimming pool setbacks from any lot boundary shall be no less than five feet on residential zoned lots and no less than 25 feet for any commercial (semi-public or public) pool.

   (F)   Courts from which rooms depend for natural ventilation of light must be open to the sky and maintain a minimum dimension of five feet, plus one additional foot width for each story above the first.

   (G)   Additional setback requirements in commercial zones:

      (1)   Any residential district uses in a commercial zone shall maintain the same yards required by the density district, except that where dwelling units, or guest units, occupy an upper floor (the ground floor of which is used for business), the upper floor may maintain the same yards as are permitted for the ground floor.

      (2)   A front yard of not less than 20 feet shall be required where the proposed commercial building is on a lot contiguous to a residential zoned lot fronting on the same street (unless waived in writing by the owner of the residential zoned lot).

      (3)   Where the side lot line of a commercial lot is common to the side lot line of a residential zoned lot, the side yard shall be no less than seven feet.

      (4)   Where the rear lot line of a commercial lot is contiguous to a residential zoned lot, the rear yard shall be no less than 15 feet.

(Ord. § 588, passed 9-4-2008)