Except as otherwise provided elsewhere in this Ordinance, no building shall hereafter be used, erected, constructed, reconstructed, moved or altered, nor shall any land be used except in conformity with these regulations for the zoning district in which the land or building is located. Provisions of other Titles of the Douglas Municipal Code are subordinate to this Ordinance regarding the use of buildings or private property.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Purpose. In any dispute or question concerning the application of any provision of these Zoning Regulations, or of General Plan policy guidance, that resolution will be favored which is most reasonable and consistent with regard to the general purpose of these regulations, policies of the General Plan and established and accepted principles of planning and zoning law.

B.

Authority. The City Planner, per DMC 17.10.100(A)(1), is the responsible official with authority for administratively interpreting the intent and questioned provisions of these Zoning Regulations, referencing the policy intent of the General Plan and other subarea or functional plans incorporated into the General Plan by ordinance that guide such interpretations.

C.

Application.

1.

The City shall provide a form for applications requesting interpretation, which will require at a minimum the following information:

a.

Applicant/agent name and contact information; and

b.

Detailed explanation of requested relief or clarification sought, with clear references to applicable Sections of the Zoning Code, or other Sections of the Douglas Municipal Code. An explanatory letter may be attached to the application.

D.

Certification of Interpretation.

1.

The City Planner shall issue a letter of interpretation, addressing each of the points or questions, per documented application, and payment of any associated fees as required in Article 17 of these Zoning Regulations.

E.

Appeals of interpretations.

1.

Requirements. Appeals of interpretation decisions affirming the initial interpretation of the City Planner must also be filed as separate applications, with payment of any associated fees as required in Article 17 of these Zoning Regulations;

a.

Appeal of City Planner interpretation application to the City Manager shall include at minimum the following:

i.

Applicant/agent, site location and owner contact information;

ii.

City Planner Interpretation and Applicant Rationale for Appeal based on record and applicable zoning regulations and General Plan policies; and

iii.

Receipt of fee payment, as required in Article 17 of these Zoning Regulations.

b.

Any person aggrieved by a decision of the City Manager may file an appeal to the Board of Adjustment in accordance with Article 17, with receipt of fee payment, as required in Article 17 of these Zoning Regulations.

F.

Alternative Design. Where a proposed or existing use is calculated to be in violation of property development standards of a situated zoning district or overlay zoning district, but does not exceed 25 percent of the particular minimum development standard, the City Planner may administratively approve such deviation from the property development standard. A party requesting such approval shall file an application and fee payment for administrative review and decision. The City Planner shall create a policy for review and approval of such applications.

(Ord. No. 23-1166, § 2, 7-12-2023)

Editor's note— Ord. No. 23-1166, adopted July 12, 2023 amended § 302 in its entirety to read as herein set out. Former § 302 pertained to resolution of disputes and derived from the original codification.

Every person affected by the application of these Zoning Regulations shall always have the right to petition and be heard, and the City has a process for administrative interpretation and appeals thereof to satisfy this right.

(Ord. No. 23-1166, § 2, 7-12-2023)

The application of these Zoning Regulations shall be governed by all the particular facts of each case, and no individual owner shall be prejudiced by reason of being in a minority, either in demographic number nor amount of land owned, and an owner shall be entitled to a balancing of the equities of all interests concerned. Violating these regulations is an action, however, not supported by rights and is a matter for consideration in judgment.

(Ord. No. 23-1166, § 2, 7-12-2023)

No special favors or privileges shall be granted to any person under the terms of these Zoning Regulations.

(Ord. No. 23-1166, § 2, 7-12-2023)

The provisions of these Zoning Regulations are minimum requirements. Where these regulations impose a greater restriction than is imposed or required by other provisions, including other titles of the municipal code, or private covenants and restrictions within Douglas Municipal Limits, these Zoning Regulations shall control as applicable.

(Ord. No. 23-1166, § 2, 7-12-2023)

The provisions of these Zoning Regulations shall apply independently of any recorded easements, restrictions, covenants or other purported or documented agreements between private parties. However, coordination of private and public regulations is essential, as the most stringent regulation(s) are applied without invalidating the applicability of either. It shall be the responsibility of agents or applicants to notify the City of and produce copies of recorded private restrictions that apply to a subject property.

(Ord. No. 23-1166, § 2, 7-12-2023)

Nothing contained in these Zoning Regulations shall affect existing uses of property nor the right to its continued use or the reasonable repair or alteration thereof for the purpose for which used at the time these Zoning Regulations were originally adopted, nor prior to points in time when these Zoning Regulations were amended by subsequent ordinances.

(Ord. No. 23-1166, § 2, 7-12-2023)

Uses designated as permitted by any zoning district regulation shall be permitted upon application approval as provided in Article 17. No such approval shall be granted except upon compliance with all of the regulations specified for the zoning district or overlay zoning district in which the use is sought to be maintained.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Purpose. Each district in the City contains designated permitted uses. In addition to the designated permitted uses in each district, there are conditional uses, neither absolutely permitted as a right nor prohibited by law, which may be compatible within the district. These are privileges, in a sense, which must be applied for and approved by the City Planner or responsible official per Article 17, if considered minor, or by the Planning and Zoning Commission if considered major, per Section 17.03.310(C).

B.

Intent. It is the intent of this Article to provide a set of procedures, standards and processes for permitting conditional uses of land or structures which, because of their unique characteristics relative to locational features, design, size, operation, circulation, and public interest or service, require special consideration in relation to the welfare of adjacent properties and the community as a whole. It is the purpose of the regulations and standards set forth below to:

1.

Allow, on one hand, practical latitude for utilization of land and structures, but at the same time maintain adequate provision for the protection of the public health, safety, and general welfare of the community and adjacent properties; and

2.

Provide a mechanism for periodic review of conditional use permits to provide for further conditions to more adequately assure conformity of such uses to the public welfare.

C.

Permitted Major Conditional Uses. The following are conditional uses which may be permitted in certain districts subject to the standards detailed herein, as decided by the Planning and Zoning Commission:

1.

Utility structures, including, but not limited to, substations, telephone switching stations, electrical generation facilities and other facilities required for the transmission of power or communications;

2.

Sewage facilities, including, but not limited to, pump stations, or sewage or storm water treatment plants;

3.

Water systems, including, but not limited to, treatment plants, storage reservoirs, pump stations or other major facilities associated with the supply or distribution of water; and

4.

Emergency service facilities or other public service facilities needing locations in the area to permit effective service within the area;

5.

Private clubs, fraternities, sororities and lodges with more than 1,000 square feet of interior building area and/or when located closer than 150 linear feet from the nearest residential use structure;

6.

Elementary, middle and high schools (public/secular);

7.

Institutional buildings such as hospitals, colleges, churches and synagogues;

8.

Cemeteries;

9.

Nursing, retirement or convalescent homes;

10.

Childcare facilities with more than 500 square feet of interior building area and more than 500 square feet of enclosed outdoor play area;

11.

Solid waste transfer stations and solid waste landfills;

12.

Recycling centers;

13.

Transit facilities, including equipment storage centers;

14.

Accessory dwelling units greater in size than the principal use structure;

*Regulations on height and setbacks for residential accessory dwelling units must be no stricter than those for single-family homes in the same zoning district.

15.

Recreational Vehicle Park*;

*Recreational Vehicle Parks shall adhere to the conditions set forth in Article 17.08.

16.

Amusement Parks, Fair Grounds, Theme Parks; and

17.

Veterinary Hospitals providing all animals are maintained within enclosed structures.

D.

Permitted Minor Conditional Uses. The following are conditional uses which may be permitted in certain districts subject to the standards detailed herein, as decided by the City Planner:

1.

Private clubs, fraternities, sororities and lodges with less than one thousand (1,000) square feet of interior building area, and is located more than one hundred-fifty (150) linear feet from the nearest residential use structure;

2.

Child care facilities with less than five hundred (500) square feet of interior building area, and less than five hundred (500) square feet of enclosed outdoor play area;

3.

Medical offices when developed in conjunction with a planned hospital development;

4.

Commercial uses of existing buildings on industrially-zoned properties; and

5.

Accessory dwelling units smaller in size than the principal use structure;

*Regulations on height and setbacks for residential accessory dwelling units must be no stricter than those for single-family homes in the same zoning district. Rear and side setbacks for newly built accessory units shall not exceed five feet.

E.

Application Required.

1.

Applicant must complete a Conditional Use Permit application form, and provide the following materials at time of submittal:

a.

A Site Plan showing:

i.

Property lines and dimensions,

ii.

Adjacent rights-of-way labeled that serve the Subject Site,

iii.

All existing Subject Site structures showing uses, square footage areas, length, width, height, and setback distances from property lines and other structures,

iv.

All proposed future Subject Site structure locations with uses, square footage areas, length, width, height, and setback distances from property lines and other structures;

b.

A description for the proposed conditional use that addresses the locational criteria described and listed in Section 17.03.310(G); and

c.

Receipt of fee payment, as required in Article 17.13 of these Zoning Regulations.

2.

Initial application review.

3.

The City Planner will decide whether a conditional use permit application may be considered administratively as a Minor Conditional Use Permit, per Section 17.03.310(H).

F.

Authorities and Actions. The City Planner or Planning and Zoning Commission may approve, approve with conditions, or deny the application for a conditional use permit, with authority of the City Planner or Commission depending on the scope of a proposed conditional use. In permitting a new conditional use or the alteration of an existing conditional use, the City Planner or Commission may impose, in addition to those standards and requirements expressly specified by this Code, additional conditions which are found necessary to avoid a detrimental environmental impact and to otherwise protect the public health, safety, and general welfare of the community as a whole. These conditions may include, but are not limited to, the following:

1.

Limiting the manner in which the use is conducted including restricting the time a certain activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.

2.

Establishing special yard, open space, lot area or dimensional requirements.

3.

Limiting the height, size, number, and location and nature of vehicle access points.

4.

Designating the size, location, screening, drainage, surfacing or other improvements of a parking or loading area.

5.

Limiting or otherwise designating the number, size, location, height and lighting of signs.

6.

Limiting the intensity of outdoor lighting and require its shielding.

7.

Requiring diking, screening, landscaping or another facility to protect adjacent or nearby property and designates standards for its installation and maintenance.

8.

Designating the size, height, location of screening and materials for a fence.

9.

Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or another significant natural resource.

G.

Location Criteria.

1.

The provisions of this section are designed to provide citing criteria for the conditional uses specified herein and guidelines for the imposition of additional conditions not specifically provided for herein, to the end that such uses will:

a.

Be consistent with the intent and purpose of the district in which it is proposed to locate such use, meet requirements of the general plan with regard to providing benefit to the general welfare of the public, and fill a probable need of the public which can best be met by a conditional use at this time and in this place.

b.

Comply with the requirement of the district within which the conditional use is proposed and in accordance with conditions attached to such use under the authority of this article.

2.

Conditional Uses shall be located subject to the following specific standards:

a.

Buffering, screening or other means shall be used where necessary to protect the privacy and safety of neighboring properties.

b.

Solid waste landfills, transfer stations, natural gas storage, sewage treatment plants, electrical generating facilities and recreational vehicle parks shall not be in or adjacent to established residential areas.

c.

Solid waste landfills, transfer stations, natural gas storage, sewage treatment plants, recreational vehicle parks* and electrical generating facilities shall not be directly accessible from local residential or collector streets. Recycling centers, water reservoirs, telephone communication and switching facilities, runoff detention facilities and City or County maintenance facilities shall not be directly accessible from local residential streets.

d.

The site layout promotes energy conservation and user convenience, as well as operational efficiency.

e.

The site layout conforms to the established street and circulation pattern.

f.

Noise levels and lights from the facility will not interfere with adjacent land uses.

g.

Recreational Vehicle Parks shall adhere to the conditions set forth in Article 8.

H.

Minor Conditional Use Permit Administrative Review Procedure.

1.

Administrative Consideration by the City Planner.

a.

Applicability.

i.

Minor conditional uses. For those uses listed and described as minor in Section 310(D), and as described further in Section 310(H)(l)(b)(i), application to the City Planner for a Conditional Use Permit may be processed as a Minor Conditional Use Permit.

b.

Reviewed for approval or deference to the Planning and Zoning Commission.

i.

In consideration of an application, the City Planner may determine that a proposed conditional use is minor, if the land area and/or building area of the proposed use is smaller than that required for permitted uses, and the use is anticipated to have less impact in the following aspects associated with principally permitted uses of the zoning district:

(1)

Noise;

(2)

Air Quality;

(3)

Visual Character of Proposed Use(s) or Structures; and

(4)

Vehicular and/or Pedestrian Traffic Safety.

ii.

The City Planner may determine that a proposed conditional use is major, and may significantly impact the community such that the proposal should be sent to the Planning and Zoning Commission for their consideration at a public hearing, with meeting notification requirements.

c.

Decision. If processed as a Minor Conditional Use Permit, the decision of the City Planner shall be provided to the Applicant, and self-identified interested parties.

d.

Appeal. A Minor Conditional Use Permit decision of the City Planner may be appealed to the Planning and Zoning Commission, with separate application, notification costs and fees to be paid for by the conditional use permit applicant as required in Article 17.13 of these Zoning Regulations

I.

Major Conditional Use Permit Consideration by the Commission.

1.

All applications for conditional use permits shall be considered administratively by the City Planner, or by the Commission at a public hearing, advertised and conducted in accordance with the provisions of this Zoning Code. Notice of public hearing by both publication in a newspaper of general circulation and, where applicable, posting notice in conspicuous places close to the property affected and to the following persons:

a.

Any person or organization who files with Development Services a request to receive such notice upon payment of a reasonable fee;

b.

Applicable adjoining political subdivisions where the property, which is the subject of the application, is within five hundred (500) feet of the City boundary; and

c.

Such other persons as the Director of the department incorporating Development Services, the City Planner, or designee thereof determines are likely to be affected by the proposed use.

2.

The notice shall contain:

a.

A description of the proposed conditional use and its location; and

b.

The place and time of the public hearing at which comments on the proposed use must be filed.

3.

The Commission shall review each application presented for compliance with the criteria and requirements set forth in this article. The Commission may approve, approve with conditions, or deny the application for a conditional use provided that the applicant provides evidence substantiating that all the requirements of this Code relative to the proposed use are satisfied, and further provided that the applicant demonstrates that the proposed use also satisfies the following criteria:

a.

The characteristics of the site are suitable for the proposed use, considering size, shape, location, topography, existence of improvements and natural features;

b.

The proposed development is timely, considering the adequacy of transportation systems, public facilities and services existing or planned for the area affected by the use;

c.

The proposed use will not alter the character of the surrounding area in any manner that substantially limits, impairs or precludes the use of surrounding properties for the primary uses listed in the district; and

d.

The proposed satisfied those goals, objectives, and policies of the General Plan that are applicable to the proposed use.

4.

Written notice of the Commission's decision on major conditional use permit applications shall be provided by the Development Services to:

a.

The applicant;

b.

Any person notified of the application for a conditional use.

J.

Appeal of Denial Decision.

1.

The applicant may appeal a denial decision within seven (7) days from the date of the Planning and Zoning Commission hearing, by filing an appeal to the City Council. Upon receipt of such an appeal, the City Council shall schedule and hold a public hearing upon due notice published at least fifteen (15) days in advance of the appeal hearing in the newspaper of record and posting of the site at least fifteen (15) days in advance of the appeal hearing date.

K.

Revocation of Conditional Use Permit.

1.

Any previously granted conditional use permit may be revoked by the Commission, on recommendation of staff or citizen complaint, after a hearing conducted in the manner required for approval of a conditional use permit initially, upon the following grounds:

a.

Failure to comply with the conditions of approval;

b.

Discontinuance of the use for a period in excess of one (1) year;

c.

A change in the development standards of the district within which the use is located that have the effect of no longer allowing a new conditional use permit application to be considered in that district.

2.

Revocations shall not be initiated for at least six (6) months after approval of the conditional use permit. Revocations shall have the effect of making the previously granted conditional use permit void until a new application is submitted and granted. Revocations initiated shall have the effect of making the previously granted conditional use a nonconforming use.

L.

Automatic Termination of Conditional Use.

1.

Unless otherwise provided by the Commission in the resolution granting approval of the conditional use permit, a conditional use permit shall automatically become null and void one (1) year after the effective date upon which it was granted unless one of the following events occur:

a.

The applicant or his successor in interest has secured a building permit within said one-year period, if a building permit is required, and has actually commenced construction of the building or structure authorized by the permit within said one-year period.

b.

The applicant or his successor in interest has commenced the activity or installation of the facility or structure authorized by the conditional use permit within said one-year period.

c.

The applicant may submit a request to Development Services for an extension of time on the conditional use permit to avoid the permit becoming null and void. The requirements for extension must be filed with the City Planner prior to the expiration of the times established by Subsection 17.03.310(K)(1)(a) above. The City Planner may, in granting such conditional use permit, provide for an extension of time beyond one (1) year, or remand the extension request to the Commission for a public hearing, with required application, notification costs and fees to be paid for by the conditional use permit applicant.

(Ord. No. 23-1166, § 2, 7-12-2023; Ord. No. 24-1201 meeting, 11-13-2024)

A.

Authorization. Temporary uses are permitted only as expressly provided for in this section.

B.

Temporary Use Permit Required. No temporary use shall be established unless a permit, evidencing the compliance of such use with the provisions of this section and other applicable provisions of this Code shall have first been issued.

C.

Application and Procedures.

1.

Application. A written application for a temporary use shall be filed with Development Services on a form supplied by the City and shall contain the required information. Unless rejected within three (3) working days of the date of receipt, and application shall be deemed to have been accepted.

2.

Notice. Upon acceptance of an application, posting of the required bond and payment of the required fees, Development Services shall post the site with a sign indicating the proposed temporary use, the fifteen (15) working day deadline date for filing comment thereon, and any other pertinent information.

3.

Action. No later than fifteen (15) working days after acceptance of an application, the City Planner shall make a finding and grant or deny the requested temporary use and indicate the conditions thereon, if any. If denied, the reasons therefore shall be stated, based in these zoning regulations, or other regulations of the City, and General Plan policies.

4.

Issuance of Certificate. If the temporary use is permitted, a zoning compliance certificate shall be issued. Notice of action shall be sent to applicant, adjacent lot owners, and others who have requested notice.

5.

Applicability of Certificate. The certificate for a temporary use not otherwise permitted in the applicable zoning classification applies to the applicant only and does not carry with the property to other parties. It will be unlawful to conduct any such temporary uses, and to install, place or maintain any such temporary structures without first obtaining a zoning compliance certificate therefore.

D.

Appeals.

1.

Appeal of City Planner Decision to City Manager. Any person may appeal the City Planner's action to the City Manager within fifteen (15) working days following such action which shall stay the effective date of the certificate.

a.

Application with substantiated cause.

i.

Applicant name, proposed temporary use, and pertinent sections of these zoning regulations, and any General Plan policies that hold to the appealed decision.

ii.

Fee payment receipt, as required in Article 13 of these Zoning Regulations.

b.

City Manager Appellate Decision. The City Manager may affirm, reverse, or send the City Planner's Decision to the Board of Adjustment for an appeal hearing.

i.

The City Manager shall provide a letter of the appeal decision to the appellant, and file a copy with Development Services within thirty (30) days of the appeal application.

2.

Appeal of Decisions to be heard by the Board of Adjustment.

a.

If the City Manager's Appellate Decision is appealed, the Appellant must file an application with payment of fees, and Development Services shall schedule a public hearing of the Board of Adjustment relating to the appeal.

b.

If the City Manager sends the City Planner's Decision to the Board of Adjustment without judgment, Development Services shall schedule a public hearing of the Board of Adjustment relating to the appeal.

c.

Appellant shall pay the costs of publishing the legal notice of public hearing, upon receiving invoice from Development Services or the City Clerk's Office.

d.

Board of Adjustment Appellate Decision. Upon application and fee payment for appeal, all materials on the matter shall be filed by Development Services with the Board of Adjustment which is authorized to review the case. Based on the record certified to it, the Board of Adjustment may either uphold the action of City Planner, or remand the matter back to City Planner with such instructions as the Board deems proper. If the Board deems that it needs additional information or evidence, it may hold a public hearing and proceed in accordance with its standard procedures.

E.

Permitted Temporary Uses. The following are temporary uses which are subject to the following specific regulations and standards, in addition to the other requirements specified in this Code.

1.

Carnival or Circus.

a.

Permitted in any district.

b.

Maximum length of permit shall be fifteen (15) days.

c.

No structure or equipment shall be located within five hundred (500) feet of any residential property line.

2.

Christmas Tree Sales.

a.

Permitted in any district.

b.

Maximum length of permit for display and open-lot sales shall be forty-five (45) days.

3.

Contractor's Office and Construction Equipment Sheds.

a.

Permitted in any district where used is incidental to a construction project. Office or shed shall not contain sleeping or cooking accommodations.

b.

Portable toilet(s) may be allowed on-site, during construction.

c.

Maximum length of permit shall be one (1) year. This may be renewed as construction on some projects may be longer than one year.

d.

Office or shed, and any portable toilet(s) shall be removed upon completion of construction project.

4.

Events of Public Interest.

a.

Permitted in any district.

b.

Events may include, but are not limited to, outdoor concerts, auctions, or similar activities.

c.

Maximum length of permit shall be 72 hours.

5.

Real Estate Sales Office.

a.

Permitted in any district for any new subdivision approved in accordance with City of Douglas subdivision regulations. The office may not contain sleeping or cooking accommodations, but may include restroom facilities, as approved by the City Public Works Department. A model home may be used as a temporary sales office.

b.

Office shall be removed upon completion of the sale of all units in the subdivision.

6.

Religious Tent Meeting.

a.

Permitted in any district.

b.

Maximum length of permit shall be fourteen (14) days.

7.

Horse Show or Exhibition. Permitted for any commercial or private stable for special events, including, but not limited to, shows, exhibitions, and contests.

8.

Temporary Shelter. When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a mobile home located on the single-family lot during rehabilitation/reconstruction of the original residence or construction of a new residence is permitted subject to the following additional regulations:

a.

Required water and sanitary facilities must be provided.

b.

Maximum length of permit shall be six (6) months, but Development Services may extend the permit for a period or periods not to exceed sixty (60) days in the event of circumstances beyond the control of the owner.

c.

Application for the extension shall be made at least fifteen (15) days prior to expiration of the original permit.

d.

The mobile home shall be removed from the property upon issuance of any occupancy permit for the new or rehabilitated residence.

9.

Tent Theater.

a.

Permitted in any district.

b.

Maximum length of permit shall be five (5) months per calendar year.

10.

Additional Regulations. A carnival or circus, religious tent meeting, tent theater, horse show or exhibition, and events of public interest shall be subject to the following:

a.

Documentation must be provided from the County Health Department that adequate arrangement for temporary sanitary facilities has been insured.

b.

No permanent or temporary lighting shall be installed without an electrical permit and inspection.

c.

All uses shall be confined to the date specified in the permit.

d.

Hours of operation shall be confined to those specified in the permit.

e.

The site shall be cleared of all debris at the end of the special event and cleared of all temporary structures within thirty (30) days after the closing event. A cash bond for a minimum of twenty-five ($25.00) dollars and not to exceed five thousand ($5,000) dollars shall be posted or a signed contract with a disposal firm shall be required as a part of the application to ensure that the premises will be cleared of all debris during and after the event.

f.

Public parking for the exclusive use of the facility shall be provided, and a stabilized drive to the parking area shall be maintained. It shall be the responsibility of the applicant to guide traffic to these areas and to prevent patrons form unlawful parking.

g.

Traffic control arrangements required by the Public Works Director in the vicinity of major intersections shall be arranged for by the applicant.

h.

A cash bond for a minimum of twenty-five ($25.00) dollars and not to exceed five thousand ($5,000) dollars shall be posted to insure the repair of any damage resulting to any public right-of-way as a result of the event.

j.

Serving of alcoholic beverages shall require the approval of the City and other appropriate agencies consistent with Arizona Revised Statutes.

ll.

Revocation of Temporary Permits. The failure of any applicant to fulfill the requirements of any temporary permit issued under the provisions of this article shall result in the revocation of the permit and the denial of future permits. Development Services may revoke a permit for temporary use after written notice upon violation of any provision of this Code or to protect the public health, safety and general welfare.

(Ord. No. 23-1166, § 2, 7-12-2023)

Any use not specifically permitted in a district, either as a permitted use or a conditional use granted by the Planning and Zoning Commission, or the City Planner as provided in Minor Conditional Use in Sections 310(D) and 310(H), or by Administrative Interpretation in Section 302, if not issued with an approval letter for recording by the City Planner or designee thereof is specifically prohibited from that zoning district.

(Ord. No. 23-1166, § 2, 7-12-2023)

The following uses shall be permitted with complete application submittal per requirements of Title 12 in any zoning district and are otherwise exempted from the provisions and requirements of these Zoning Regulations, unless specified:

A.

Public rights-of-way for streets, alleys, drainage-ways, and other public rights-of-way; and

B.

Essential services of public utilities duly authorized to furnish to the public under state of federal regulations services such as electricity, gas, steam, communications, water, water drainage, flood control, irrigation, solid waste disposal, and sewage disposal, together with equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such utilities for the public health, safety convenience or general welfare.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Intent of Regulation. The City of Douglas reserves the authority to regulate the splitting and combination of lots, and the adjustment of boundaries for same to ensure that any lots created or amended for filing with the Cochise County Assessor's Office and recording with the Cochise County Recorder of Deeds comply with the Zoning District property development regulations within which such properties are situated.

B.

Consultation. Any adjustment, split, or combination of lots requires that the property owner or representative agent meet with Development Services staff at least one (1) week in advance of filing application to discuss the intentions of the property owner or representative agent to identify the applicable process and substantive requirements, and that the results of a proposed adjustment, split, or combination will be compliant with Zoning District property development regulations.

C.

Application. A complete application submittal on a form provided by Development Services shall include;

1.

Accurate site location:

a.

Site Address(es);

b.

County Assessor's Parcel Number(s); and

c.

Existing Legal Description(s).

2.

Proof of property ownership.

3.

Desired number of splits, combinations, adjustments and land areas for each lot to be created, combined or adjusted.

4.

Required Sealed Drawing by Application Type.

a.

Certificate or Record of Survey required with application for parcel split. Sealed Exhibit Drawing with Legal Descriptions required with application for lot combinations or lot line adjustments. Surveys and Exhibit Drawings with Legal Descriptions shall be provided by a State of Arizona professionally registered surveyor or professionally registered civil engineer, and either type of drawing document shall feature:

i.

Form and Scale:

1.

Drawn at an engineering scale not more than one hundred (100) feet to the inch.

ii.

Identification Data:

1.

Name, address, phone number and email address of property owner(s);

2.

Name, address, phone number, and email address of person preparing the certificate of survey;

3.

Scale, North Arrow, and date of preparation, including any revision dates.

iii.

Existing Conditions Data:

1.

Where present, the general location of water wells, washes and drainage ditches, including direction of flow, location and extent of areas subject to flooding;

2.

Location, widths, and names of all platted streets, alleys, utility rights-of-way of public record, easements, public areas, and permanent structures to be retained within or adjacent to tract;

3.

Name, book, and page numbers of recorded plats abutting the subject area, or across a boundary street;

4.

Location of split, combination, or adjustment by section, township, range and county;

5.

Dimensions of the subject area of the proposed split, combination, or adjustment, with acreage of the subject area.

iv.

Survey (splits) or Exhibit Drawing (combinations and adjustments) Data;

1.

Proposed boundaries of created or adjusted lots with dimensions in feet and decimals thereof, showing all bearings;

2.

Locations, widths, and proposed use(s) of easements;

3.

Existing structures, their uses, and any encroachments with exterior dimensions;

4.

Legal Descriptions for each lot created or adjusted; and

5.

Draft of proposed deed restrictions, if applicable.

b.

Proof of payment of application fees, per Article 13, Schedule of Fees, Charges, and Expenses.

D.

Certifications for Approval required.

1.

Certificate of Survey or Exhibit Drawing is sealed, signed and dated prior to application submittal by the registered surveyor or civil engineer who prepared the document, including name, address, and registration number;

a.

Certificate(s) of City of Douglas approval signed and dated by the City Planner or designee thereof, should the proposed land division, adjustment, or combination be compliant with situated zoning development standards;

b.

Certification of receipt by the Cochise County Assessor's Office; and

c.

Certification of recordation by the Cochise County Recorder of Deeds.

E.

Noncompliance of recording without City approval. No use, no zoning compliance certificate, nor building permit shall be issued for a lot or parcel that has been created, combined, or adjusted and recorded with Cochise County without City of Douglas approval.

F.

Correction of noncompliance.

1.

Requirements.

a.

Consultation and application, consistent with the requirements of Sections 314(B) and 314(C) above.

b.

Affidavit required acknowledging existing non-conformity with Douglas Municipal Code and required resolution for City approval to bring property into compliance.

c.

Payment receipt of the Recording Without City-Approval Fee, Article 13, Schedule of Fees, Charges, and Expenses.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of this Ordinance, or begun prior to a specific amendment thereof, and upon which actual building construction has been diligently carried forth.

B.

No unpermitted or undocumented construction shall be assumed conforming or acceptable by-right per these zoning regulations and the adopted Building Code of the City of Douglas.

(Ord. No. 23-1166, § 2, 7-12-2023)

No building or structure which has been wholly or partially erected on any premises located either within or outside the City of Douglas, shall be moved to or be placed upon any other premises within the City until a permit for such removal, and a Zoning Compliance Certificate for such relocation, shall have been issued by the City Planner, Building Inspector, or designee thereof. Any such building or structure shall conform to all provisions of this Ordinance in the same manner as a new building or structure shall be used or occupied until an Occupancy Permit shall be issued, as provided in Article 10 of this Ordinance.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Prohibition of Rubbish Dumping, Disposal or Storage. The use of land for the dumping, disposal, or storage of scrap iron, junk, garbage, rubbish, or other refuse, or of ashes, slag, or other industrial wastes or by-products, shall be prohibited in every district except an Industrial District where such use may be permitted where not in violation of other local, Federal and State regulations by Development Services in accordance with regulations of that Zoning District.

B.

Dumping of Excavation Material. The dumping of dirt, sand, rock or other material excavated from the earth may be permitted in any zoning district, provided other local, Federal and State regulations would not be violated and that the surface of such material is graded within a reasonable time, leaving the ground surface in a condition suitable for other uses permitted in the district, and provided that such fill does not so increase the elevation of the site as to prevent its development or use for other purposes.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Height regulations established elsewhere in this Ordinance shall not apply:

1.

In any district, to church spires, belfries, cupolas and domes, not for human occupancy; monuments; water towers; flagpoles; noncommercial radio or television antennas; recreational fields or playground lighting poles;

2.

In commercial or industrial districts, to parapet walls extended not more than four (4) feet above the height of the building upon which they rest; elevator housing;

3.

In industrial districts, to chimneys, smokestacks, derricks and conveyors; grain elevators, or similar structures wherein the industrial processes involved customarily require a height greater than otherwise permitted.

4.

In appropriate districts identified in Section 1903, with a conditional use permit application approved, the erection of a wireless telecommunications facility (cell tower) shall be allowed to exceed the height limit of the zoning district of the situated application.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

The following building projections shall be permitted in residential districts:

1.

Awnings, open fire balconies, fire escape stairs, window-type refrigeration units not exceeding one and one-half tons or one and one-half horsepower rating, suspended or roof evaporative coolers, and forced air furnaces may project not more than five feet into any required yard, provided that they are no closer than two (2) feet to any interior lot line.

2.

Cornices and eaves may project not more than three (3) feet over any required yard, provided that they are no closer than two (2) feet to any lot line.

3.

Sills, leaders, belt courses and similar ornamental features, any project not more than six (6) inches over or into any required yard; a chimney or pilaster may project not more than eighteen (18) inches into any required yard, provided that it is not more than eight (8) feet in dimension paralleling the nearest lot line.

4.

Unroofed terraces, patios, steps or similar features not over three (3) feet in height above grade, may project into any required yard.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

The following yard and set back requirements shall apply in all zoning districts, unless excepted within specific district regulations:

1.

Compressor, Condenser, Cooler Location. Except as provided elsewhere in this Ordinance, no compressor unit, condensing unit, cooling tower, evaporative condenser, or similar device, shall be located closer to any interior lot line than the minimum setback required for the main building. All such devices shall discharge air in a direction other than toward any lot line which is within twenty-five (25) feet of such device, except within those districts where developable parcel sizes and setback requirements may not provide twenty-five (25) feet distance from such devices. An administrative alternative design interpretation application may be required for approval.

2.

Future Street Lines. Where future right-of-way street lines have been officially established by the City Council, all required setbacks shall be measured from such right-of-way street lines.

3.

Service Station Gasoline Pump. In any district, no service station gasoline pump shall be located closer than twelve (12) feet to any street line, or closer than fifty (50) feet to any residential district. A gasoline pump shall be considered a building for purposes of determining setback requirements.

4.

Required Parking and Loading Space Not a Part of Yard. No part of a yard, or other open space, or off-street parking or loading space required about, or in conjunction with, any building, for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building, unless specifically excepted by particular district regulations.

5.

Minimum Requirements of Existing Yards, Lots or Parcels. No yard, lot or parcel existing at the effective date of this Ordinance, or date of the most recently adopted amendment thereof shall be reduced in dimension or area below the minimum requirement set forth herein. Yards, lots or parcels created after the effective date of this Ordinance, or date of the most recently adopted amendment thereof shall meet at least the minimum requirements herein established.

(Ord. No. 23-1166, § 2, 7-12-2023)

On corner lots in any residential district, nothing shall be erected, placed, planted, or allowed to remain, which materially impedes vision above a height of three (3) feet.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

The following restriction on fence, wall and hedge height, location and construction shall apply in the indicated zoning district, unless otherwise provided in Article 18:

1.

Height and Location. No fence, wall, or hedge exceeding three (3) feet in height above the average grade of the lot shall be erected, placed, planted along the side of any required front yard; nor, in the case of a corner lot that abuts on a key lot, closer to the exterior side lot line than the minimum required front setback for the key lot. No other fence in any residential district shall exceed six (6) feet in height above grade.

2.

Prohibited Fence Construction. No fence shall contain razor ribbon wire, barbed wire, electrical current or charge of electricity, broken glass, or similar hazardous materials or devices. Fences in commercial and industrial zoning districts which enclose storage areas may have barbed wire so long as said barbed wire is located more than six (6) feet in height above grade and be erected in such a manner that the barbed wire does not project in any way over a property line into neighboring private property or any public area. Standard barbed wire ranch fencing is permitted to be erected in areas where the keeping of horses, cattle, and other large livestock is lawfully permitted for the containment or to provide a barrier from such animals.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Principal Use In-Situation or In-Permitting Required. No accessory building shall be used prior to the occupancy or use of the principal use building, except as a construction storage facility for such a principal use building to be constructed, when permitted concurrently with the principal use building.

B.

Accessory Use Subordinate to Principal Use.

1.

Any accessory building or structure shall be smaller in size, area, height, bulk, and scale than the principal use building, unless used exclusively for storage associated with the principal use.

C.

Multiple accessory uses and conditional uses within accessory use structures.

1.

Where a structure is proposed with multiple accessory uses, a conditional use permit may be required if such uses are commercial or industrial, per the use and development standards of the situated zoning district (including overlays of that zoning district, if applicable), and the substantive and procedural requirements Section 310.

2.

Application may be submitted to the City Planner for an Administrative Interpretation with fee payment to allow for a larger accessory use structure than a principal use structure, where a permissible commercial use may be allowed, as with a home occupation or within a zoning district that allows mixed-use.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

General Provisions.

1.

The intent of this section is to allow home occupations to exist that are not in violation of the terms of this section and do not alter the residential character of the neighborhood nor infringe upon the rights of neighboring residents to the peaceful enjoyment of their neighborhood and homes.

2.

No person shall carry on a home occupation or permit such use to occur on property which he/she owns or is in lawful control, without first obtaining or ensuring that a home occupancy permit for such use in the manner provided by this section has been obtained.

3.

Application for a home occupation permit shall be made jointly by the person wishing to conduct the use and the owner of the property, or his agent, on forms provided by the City. The required fee must be paid along with the application.

4.

After approval and prior to the issuance of the home occupancy permit, the applicant shall provide proof that the fee has been paid for the City Business License.

B.

Standards.

1.

The City Planner or designee thereof, the Public Works Department, and the Fire Department shall review the application and shall approve the permit if found that the proposed use does not violate the purpose of Section 324, the environmental and wastewater backflow regulations of the City, nor the fire prevention regulations of the City, and that all of the following conditions are met:

a.

Signage according to the requirements for Article 7;

b.

There is no display that will indicate from the exterior that the building is used in whole or in part for any purpose other than a dwelling, or accessory use to the principal residential use;

c.

The building retains the characteristics of a residence and no more than twenty-five (25) percent of the gross floor area of the principal residential use floor area is used for the business activity, whether located within the principal residence or in an accessory structure;

d.

There is not outside storage of materials other than plant materials intended as landscaping;

e.

There are no employees other than family members who reside at the dwelling;

f.

The use will not tend to negatively impact the residential character of the neighborhood;

g.

The generation of excessive noise, vibrations, odors, heat or glare detectable beyond any property line is prohibited; and

h.

No traffic shall be generated by such home occupation on greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall not cause an undue shortage of residential neighbor parking space, nor shall any yard of the home occupation be paved for the purposes of adding on-site parking.

C.

Renewal and Permit Revocation. The home occupation permit shall be valid for a period of two (2) years. Renewal of the permit shall be accomplished in the same manner as an application for a new permit under this section. This permit may be revoked at any time for:

1.

A violation of any provision of this section;

2.

A violation of any term of or condition of the permit; and

3.

Failure to pay the City Business License renewal fee in a timely manner.

D.

Short-Term (Yard or Garage) Sales Exempt. A permit shall not be required to conduct short term sales from a residence. Such sales shall not exceed three (3) days in duration or ten (10) days total in calendar year, and shall not include sales of services.

E.

Validity of Permits. The provisions of this Code shall apply to all home occupations in the City including those in operation on the effective date of this Code. A permit in effect on the effective date of this Code shall be treated as if it was issued pursuant to this Code and the two-year term of validity shall run from the date of issuance.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Purpose. Regulations for each zoning district in the City contain property development standards. These intend to protect the public health, safety, and general welfare. Some properties may not be developed or redeveloped according to district property development standards because of their size, shape, or proximity to structures on other properties. Variances intend to allow at a minimum for a property to be reasonably developed to a situated district's use regulations.

B.

Intent. It is the intent of this Section to provide a set of procedures, standards and processes for granting variances for land development which, because of some parcels having unique characteristics relative to locational features, shape, and size, require special consideration in relation to the welfare of adjacent properties and the community as a whole. It is the purpose of the regulations and standards set forth below to:

1.

Allow practical latitude for utilization of land for locating principal and accessory use structures as allowed on other properties similarly zoned, with adequate provision for the protection of the public health, safety, and general welfare of the community and adjacent properties.

C.

Application required.

1.

Applicant must complete a Variance Request application form, and provide the following materials at time of submittal:

a.

A Site Plan showing:

i.

Property lines and dimensions,

ii.

Adjacent rights-of-way labeled that serve the Subject Site;

iii.

All existing Subject Site structures showing uses, square footage areas, length, width, height, and setback distances from property lines and other structures;

iv.

All proposed future Subject Site structure locations with uses, square footage areas, length, width, height, and setback distances from property lines and other structures;

b.

A description for the proposed variance request that addresses the unique hardship caused to the property owner by the application of the property development standards, threshold and impact criteria described and listed in Section 325(B); and

c.

Receipt of fee payment, as required in Article 13 of these Zoning Regulations.

2.

Initial application review:

a.

The City Planner will review the application to confirm compliance with Section 325(C).

D.

Conditions for Granting a Variance. A variance shall not be granted by the Board of Adjustment unless and until the following conditions are met, supported by findings of fact:

1.

The Board of Adjustment finds that:

a.

Because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of this Ordinance will deprive such property of privileges enjoyed by other properties of the same district; and

b.

The special circumstances applicable to the property are not self-imposed by the property owner and involve more than personal inconvenience or inadequate financial return on the use of the property; and

c.

Granting the variance does not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and district in which the property is located; and

d.

Granting the variance will not injure or interfere with the rights and privileges of the other properties in the same district.

2.

Notice of Public Hearing has been provided at least fifteen (15) days in advance of the hearing, by publication in the newspaper of record, and at the Subject Site location by posting;

3.

A public hearing of the Board has been held;

4.

The Board finds that the reasons set forth in the application justify the granting of the variance, and that the variance that will make possible the reasonable use of land, building, or structure; and

5.

The Board of Adjustment finds that granting of the variance will be in harmony with the general purpose and intent of this Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

E.

Other Requirements.

1.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Failure to fulfill such conditions and safeguards, when made a part of the terms under which a variance is granted, shall be deemed a violation of this Ordinance and punishable under Article 14.

2.

No nonconforming use of neighboring lands, structures, or buildings, in the same district, and no permitted use of lands, structures or buildings in other districts, shall be considered grounds for issuance of a variance.

3.

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the term of this Ordinance in the district involved, nor any use expressly or by implication prohibited by the terms of this Ordinance.

(Ord. No. 23-1166, § 2, 7-12-2023)

A.

Purpose: Regulations in this section are intended to clarify requirements that are specific to tiny homes. This section is also intended to help accommodate innovative and sustainable housing options while ensuring compatibility with existing neighborhood character, infrastructure capacities, and community needs. These regulations aim to promote affordable housing solutions, encourage efficient land use, while maintaining standards for health, safety, and welfare.

B.

Permitting Requirements: Tiny houses shall be built and inspected in accordance with the adopted City of Douglas Building Code(s).

C.

Permitted Locations and Approval Process:

1.

Site built and factory built tiny houses where the suspension/axle components have been removed and the chassis permanently attached on an approved foundation (Principal Use).

a.

Permitted Locations: Shall be allowed as a principal use or an accessory dwelling unit within the Innovative Community Mixed Use (IC-MU) and Innovative Community-Residential Overlay (IC-R) and shall meet all the development standards and design guidelines of the overlay zoning district in which they are placed. Tiny home parks shall comply with the design standards included in Section 326.D.

b.

Approval Process: Administrative.

2.

Site built and factory built tiny houses where the suspension/axle components have been removed and the chassis permanently attached on an approved foundation (ADU).

a.

Permitted Locations: Shall be allowed as an accessory dwelling unit in all zoning districts where accessory dwelling units are permitted uses and shall meet all the development standards and design guidelines of the zoning district in which they are placed.

b.

Approval process: Administrative if within the Innovative Community Mixed Use (IC-MU) and Innovative Community-Residential Overlay (IC-R). Major conditional use (See Section 310) outside of these districts.

3.

A tiny house licensed as travel vehicles by the State of Arizona are considered as non-permanent house and must be self-contained.

a.

Permitted Locations: These structures shall be considered as a permitted use similar to recreational vehicles and are subject to the same regulations for placements and site development standards. Tiny home parks with these types of dwellings shall be regulated in the same manner as a recreational vehicle park, see Article 8.

b.

Approval Process: Major conditional use (see Section 310).

D.

Tiny Home Park Design Standards.

1.

Tiny Home Community District 1.

a.

Parcel Size: 1—1.99 acres.

b.

Maximum Density: 10 tiny homes per acre.

c.

Minimum Setback from Property Lines: 15 feet. All setbacks shall be measured perpendicularly from the property line to the nearest point on any principal or accessory structure.

d.

Maximum Height of Tiny Homes: 20 feet.

e.

Common Area Requirement: At least 25% of the total parcel area must be designated as common space for community use.

f.

Parking Requirements: Each tiny home must have at least one designated parking space.

g.

Utilities: All tiny homes must be connected to utilities such as water, sewer, and electricity.

h.

Trash collection: Each tiny home park must have designated trash receptacles provided by the park management. These receptacles should be of adequate size to accommodate the household waste generated by residents and shall be placed in a convenient and accessible location for automated garbage truck collection near each home or in designated collection area(s).

2.

Tiny Home Community District 2.

a.

Parcel Size: 2—4.99 acres.

b.

Maximum Density: 12 tiny homes per acre.

c.

Minimum Setback from Property Lines: 20 feet. All setbacks shall be measured perpendicularly from the property line to the nearest point on any principal or accessory structure.

d.

Maximum Height of Tiny Homes: 20 feet.

e.

Common Area Requirement: At least 20% of the total parcel area must be designated as common space for community use.

f.

Parking Requirements: Each tiny home must have at least one designated parking space.

g.

Utilities: All tiny homes must be connected to utilities such as water, sewer, and electricity.

h.

Trash collection: Each tiny home park must have designated trash receptacles provided by the park management. These receptacles should be of adequate size to accommodate the household waste generated by residents and shall be placed in a convenient and accessible location for automated garbage truck collection near each home or in designated collection area(s).

3.

Tiny Home Community District 5.

a.

Parcel Size: 5 acres and up.

b.

Maximum Density: 15 tiny homes per acre.

c.

Minimum Setback from Property Lines: 25 feet. All setbacks shall be measured perpendicularly from the property line to the nearest point on any principal or accessory structure.

d.

Maximum Height of Tiny Homes: 20 feet.

e.

Common Area Requirement: At least 15% of the total parcel area must be designated as common space for community use.

f.

Parking Requirements: Each tiny home must have at least one designated parking space.

g.

Utilities: All tiny homes must be connected to utilities such as water, sewer, and electricity.

h.

Trash collection: Each tiny home park must have designated trash receptacles provided by the park management. These receptacles should be of adequate size to accommodate the household waste generated by residents and shall be placed in a convenient and accessible location for automated garbage truck collection near each home or in designated collection area(s). All trash collection area(s) shall be screened from view from all public streets and surrounding properties except for one approved access opening.

(Ord. No. 24-1196, § 1(Exh. A), 9-11-2024)