This district is intended to promote orderly planned development of manufactured home parks to accommodate manufactured homes and related accessory uses. Regulations are designed to preserve and protect the residential character of the district and to ensure compatibility with adjacent districts.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

In the MHP zone, the following uses are permitted:

A.

Manufactured home parks;

B.

One manufactured home per space in a manufactured home park;

C.

Customary accessory uses and buildings, provided such uses are incidental to the principal use;

D.

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion of or abandonment of the construction work.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

In the MHP zone, the following uses require a conditional use permit:

A.

Single-family residence for owner or manager of manufactured home park;

B.

Public utility buildings, structures or appurtenances thereto for public service use. Extension of public service lines in public or private right-of-way is exempt from this requirement;

C.

Home occupations;

D.

Any such other uses which are determined by the planning and zoning commission to be similar to those uses listed in this section and not detrimental to the public health, safety and general welfare.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

In the MHP zone, property shall be developed as set out in this section:

A.

Minimum manufactured home park site, two acres;

B.

Minimum gross site area per manufactured home, four thousand square feet;

C.

Minimum park frontage, one hundred feet;

D.

Minimum setback of any building or manufactured home from any public street property line, twenty feet;

E.

Minimum setback of any building or manufactured home from manufactured home park boundary, fifteen feet;

F.

Placement of manufactured home or building on individual site:

1.

Minimum setback from private access street, ten feet,

2.

Minimum distance between manufactured homes:

a.

Between two opposing sides, and between a side and an opposing end, twenty-five feet;

b.

Between two opposing ends, twelve feet.

G.

Maximum building height, thirty feet, except those heights over thirty feet may be allowed by conditional use permit.

H.

Recreation Area.

1.

Eight hundred square feet of usable open space shall be provided for each home space. "Usable open space" means space that can be enjoyed by people. This could include landscaped plazas, grass and trees, fountains, sitting areas, etc., which is meant to provide an open garden atmosphere as approved by the planning and zoning commission. "Usable open space" does not include parking areas, vacant or undeveloped lots or any other space that does not contribute to the quality of the environment.

2.

Where a centralized recreation area as approved by the planning and zoning commission is provided, the usable open space may be reduced up to four hundred square feet per manufactured home at the following ratio: for each square foot of recreational area, open space requirements may be reduced by three square feet. Recreational areas may include community use facilities, indoor recreational areas, swimming pools, hobby shops, etc.

I.

Screening. All manufactured home parks shall be screened from any adjacent non-manufactured home development in a manner as required by the planning and zoning commission, subject also to these fence regulations:

1.

Must be six feet in height;

2.

Hazardous Materials. No wall or fence shall contain barbed wire or electrical current or charge of electricity (except for the containment of livestock), broken glass, or similar hazardous materials or devices;

3.

Materials and Design. Fences and walls in all zoning districts shall be constructed of material in good condition only. Material must be wood, woven wire, or masonry, of conventional design. Fences or walls of other than specified material or of other than conventional design, shall be allowed only by conditional use permit.

J.

Driveways and Vehicular Access.

1.

Manufactured home parks shall be located on or have direct access to a public street, except that no individual manufactured home space within the manufactured home park may have direct access to a public street;

2.

All driveways shall have a minimum width of twenty-four feet, except when a driveway is located between trailer parking spaces, it shall have a minimum width of thirty feet;

3.

All driveways and interior streets shall be paved or surfaced with gravel and/or stabilized sand;

4.

All plans and traffic engineering shall be subject to approval of the town engineer and shall be based upon the spacing and maneuverability requirements for sixty-foot-long trailers.

K.

Certificate of Occupancy and Business License. No certification of occupancy or business license shall be issued until thirty percent of the manufactured home spaces planned in any part, or ten such spaces, whichever is greater, have been completely prepared, constructed and equipped for use in all respects.

L.

Public Utilities. Each manufactured home shall be connected to electric power, water supply, sewage disposal, gas (if available at park), and telephone service lines in compliance with applicable codes, and all utility distribution and service lines shall be installed underground.

M.

Manufactured Home Facilities. Each manufactured home must be fully self-contained to include a toilet, sink, bathtub and/or shower and cooking facilities.

N.

Skirting. All manufactured homes shall be skirted with fire resistant material that is not susceptible to rapid weathering.

O.

Installation and Structural Requirements. All manufactured homes shall be solidly anchored to the ground and shall be installed on a suitable foundation, and shall conform to all state laws that are applicable to the town, regarding structural requirements, foundations and supports.

P.

Minimum Elevation of Lowest Finished Floor. The determination of the minimum elevation of the lowest finished floor shall be made by the community development director on a site-specific basis. However, in general, if the height of the top of the stem wall is lower than the crown of the nearest road to any corner of the building, the lowest finished floor must be eighteen inches above the highest point of the finished dirt grade adjacent to the building. Any parcel with the lowest finished floor elevation higher than the nearest road at the crown must be elevated twelve inches above the highest point of finished dirt grade adjacent to building. Sub grade construction will have an International Residential Code (IRC) approved water barrier applied up to twelve inches above grade. All other construction will be elevated as required by the IRC, or as required by Title 16, Flood Damage Prevention.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Accessory Buildings.

1.

Detached. Any detached accessory building or swimming pool in any zone shall not be located in the required front yard, shall be at least three feet from the main structure, shall be at least three feet from the rear and interior side lot lines and outside of any easement.

2.

Area of Accessory Buildings. Accessory buildings in any residential zone shall cover not more than twenty-five percent of the rear yard.

3.

Prohibited as Living Quarters. Living and sleeping quarters shall not be permitted in any accessory building in any residential zone.

B.

Accessory Uses.

1.

Use which is incidental, related, appropriate and clearly subordinate to the main use of the lot or building, and which does not alter the principal use of the lot or building, shall be allowed to be established within any given zone district.

C.

Alternative Power Generation.

1.

Rooftop, building-mounted, ground-mounted and freestanding alternative heating, cooling units, greenhouses, wind generation and associated apparatus are permitted in all zoning districts, notwithstanding any other provision of this title.

2.

Alternative power generation equipment may be located in a rear or side yard, provided that such apparatus does not cover more than thirty percent of that side or rear yard and shall be no closer than three feet to any lot line.

3.

Alternative power equipment is subject to the height requirements in this section, item "E".

4.

Alternative power generation units may be located in the front yard, provided a conditional use permit has been obtained for that purpose.

5.

Towers. When towers are used for the generation of electricity or the mounting of alternative power equipment, such towers shall be placed on the property so that if the tower were to collapse, the tower would remain on the property that it is located. The setback shall be the height of the tower or highest point of the supported equipment plus ten feet.

6.

Permits. All alternative power generation equipment installations are required to have a permit and site plan approval.

D.

Reserved.

E.

Building Height Requirements.

1.

Application. No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located, except as otherwise specifically provided.

2.

Exceptions. Height regulations established elsewhere in this title shall not apply:

a.

In any district, to church spires, belfries, cupolas and domes not for human occupancy: monuments, water towers, flagpoles, provided that such structures shall be so located and constructed that if it should collapse, its reclining length would still be contained on the property on which it was constructed;

b.

In any district, to noncommercial radio or television antennas;

c.

In any district, to solar heating or cooling apparatus, the plans of which have been approved by the zoning administrator.

F.

Dead or Diseased Tree Removal on Private Property. The owner of any private property within the town of Eagar shall remove all dead and diseased trees from their private property when such trees constitute a hazard to life or property or harbor insects or disease, which constitute a potential threat to other trees within the town. In the event of the failure of the owners to remove dead or diseased trees, the town may abate the removal as outlined in Title 8 of the town code.

G.

Home occupations. Home occupations shall be permitted in this residential zone, subject to the following requirements:

1.

Home occupations shall be conducted within a dwelling, an enclosed accessory building, or ten percent of the total property may be used for the home occupation, or outdoor storage associated with the home occupation. If the use or storage is not confined within a building, total shielding of that portion of the property is mandatory by a minimum of a six-foot solid fence.

2.

Residential dwellings are exempt from area requirements.

3.

The area of an accessory building shall not exceed one thousand square feet for a home occupation except by an approved conditional use permit.

4.

A home occupation may not be conducted in any structure in the front yard setback.

5.

Delivery Vehicles. No home occupation shall be conducted which requires delivery vehicles or other services not customary to a residence.

6.

Nuisances as defined in Section 18.08.390.

H.

Manufactured Home Placement.

1.

Manufactured homes as defined in this code (built prior to June 15, 1976) may not be moved into the town of Eagar or from lot to lot in the town of Eagar.

2.

Manufactured homes as defined by this code twenty years and older may not be moved into the town of Eagar or from lot to lot in the town of Eagar.

I.

Outdoor Storage.

1.

Firewood, for personal use, shall be allowed as long as it is cut into a maximum of three-foot lengths (split or rounds), or totally screened if longer than three feet.

2.

Junk automobiles shall be stored only in those zones in which they are specifically allowed. All abandoned or inoperable vehicles or vehicles in residential areas being restored or repaired for longer than ninety days shall be stored safely within a lawful, enclosed building or structure or screened by a lawful fence in such a manner as to not be visible from beyond the lot boundaries or shall be stored on the premises or business enterprise operated in a lawful place and manner in accordance with the provisions of the town of Eagar Code where the storage of the vehicle is necessary to the operation of the business enterprise.

3.

For this section a vehicle means a device in, on, or by which a person is or may be transported or drawn on a public highway, which must be licensed and registered to be on the public highway. This would not include construction or farm equipment.

4.

No yard or other open space in any zone shall be used for the storage of junk, debris or garbage in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed, and no land shall be used for such purposes except as specifically permitted in this title.

J.

Projections Over and Into Required Yards.

1.

Awnings, open fire escape balconies, fire escape stairs, window-type refrigeration units, suspended or roof evaporative coolers, and similar features, may project not more than five feet over any required yard, provided that they shall be no closer than three feet from any lot line.

2.

Architectural details such as canopies, cornices and eaves may project not more than four feet over any required yard, provided that they shall be no closer than three feet from any lot line.

3.

Sills, leaders, belt courses and similar ornamental features may project not more than six inches over or into a required yard.

K.

Signs.

1.

General Exceptions, Limitations, and Requirements.

a.

No sign is allowed in any zone without a sign permit, with the following exceptions:

i.

Signs six feet square or smaller, which are made of metal, stone, or other incombustible material built into, or attached to the walls of a structure;

ii.

Governmental or public utility traffic control, directional and informational signs, or window signs and posters (nonpolitical) for special events posted less than four weeks prior to an event and removed within ten days after the event;

iii.

Political signs provided they are removed within ten days after the election;

iv.

Special event signs.

2.

Sign Permit Application. An application for a sign permit shall be filed with and on a form prescribed by community development. The application shall include the following:

a.

Drawing showing size, height, location and shape of sign;

b.

Description of materials used and method of mounting;

c.

Landscaping;

d.

Existing signs;

e.

Any information the community development might need to evaluate the sign proposal;

f.

Payment of the filing fee in an amount established by a schedule adopted by resolution of the town council. No part of the filing fee shall be returnable. Payment of the filing fee shall be waived when the petitioner is an official .....or agency of the city, county, state or federal government;

g.

Plan Review. Within ten days after receipt of a complete application for a sign permit, community development shall review the sign plans, and deny, approve or conditionally approve said plans, basing the decision on the conformity of the proposal with the provisions of this section.

3.

Illumination. Every illuminated sign must be placed as to prevent glare or reflection from being cast on any adjoining residentially zoned property, or any beam or ray of light from being directed at any portion of a public street, alley, or other right-of-way.

4.

Maintenance. Signs must be cleaned and repainted, as necessary, and otherwise maintained to prevent and eliminate peeling, cracking, discoloration, fading, covering with dirt or other material, and other similar problems caused by common weather conditions.

5.

Nonconforming Signs. Any nonconforming sign may be continued in use; except, that in the event that any such sign is damaged to exceed fifty percent of the reproduction value, or is removed or destroyed by any means whatsoever, including fire, collapse, explosion, act of the owner, act of public enemy, or act of God, such signs may be restored, reconstructed, altered or repaired only to conform with the provisions of this chapter. Reasonable repairs may be made to nonconforming signs. No improvements or expansion of nonconforming signs are permitted.

6.

Area.

a.

The area of the signs composed of individual fabricated or painted letters mounted directly on a building facade without painted or other background shall be computed by measuring the squared-off area of individual letters and adding fifty percent of the total area of the letters.

b.

For all other types of signs, the area shall include the entire area within a single continuous perimeter enclosing the extreme limits of the sign.

c.

A spherical, double-faced or multi-faced sign shall be counted as one sign, and its measured area shall be the maximum surface, which is visible from any single viewing position on or above the ground.

7.

Signs in the Public Right-of-Way.

a.

Business signs placed in a town right-of-way may not exceed thirty-six inches in height or six square feet in total area. Signs may be placed in a town right-of-way only after the planning and zoning commission approves the design and location with the following exceptions:

b.

Special event signs will be allowed in town rights-of-way. They shall not exceed three square feet in total area and thirty-six inches in height. They are allowed for a period not longer than ten days prior to the event and shall be taken down within two days after the event.

c.

For approved signs that are to be placed in a right-of-way where the business is not located, the owner of the sign is responsible to get written permission from the adjoining property owner of the right-of-way where the sign is to be placed.

d.

No sign may be erected or maintained at or near any intersection of streets, alley, or other public right-of-way such that it would obstruct free and clear vision; or at any location where, by reason of its position, shape, color, or illumination, it could interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or with any device mounted on a police or fire protection vehicle; or which makes use of the words, "STOP," "LOOK," "DANGER," or any other word, phrase, symbol, or character such that it would interfere with, mislead, or confuse traffic.

e.

Damage. The town will not be held responsible for any damage done to any sign placed in any right-of-way. The owner of the sign will be responsible for the removal or repair of the sign no matter how it was damaged.

f.

Annual Renewal/Revocation of Use. The owner of a sign placed in the town right-of-way that requires a permit, will apply annually for the sign permit. The planning and zoning commission may at any time revoke or deny the use of any town right-of-way for the placement of a sign. After written notice of revocation or nonrenewal, the owner of the sign will remove the sign within thirty days after notification.

g.

Signs allowed by this section may not be placed in any ADOT right-of-way.

h.

Temporary real estate signs, not to exceed three square feet may be placed in the public right-of-way as long as the premises being sold or constructed, fronts on said public right-of-way. Signs shall be located within two feet of the property line and may be placed perpendicular to roadway. Signs shall be installed in such a manner as to prevent signs from creating a hazard for traffic or pedestrians.

i.

Each real estate company who desires to place signs in the right-of-way shall pay an annual fee established by the town council.

8.

State Regulations. Along all state highways, state regulations govern where they are more restrictive than those contained in this chapter.

9.

Political Signs.

a.

Main Street from Seventh Avenue South to Second Street is designated as a commercial tourism sign-free zone. No political signs are allowed to be placed in any right-of-way in this area.

b.

In all residential/commercial zones, prior to placing any political sign in any right-of-way, those placing the political sign shall receive written permission from the adjoining property owner to place a political sign in front of that property.

c.

The height of any political sign in any town right-of-way shall not be over thirty-six inches.

d.

In addition to the requirements listed above, political signs shall comply with A.R.S. Section 16-1019.

10.

Temporary Signs. Real estate, construction, and subdivision development signs may be located within the front setback, but must be removed within fifteen days after the property on which they are located has been sold or leased, or within fifteen days after completion of the construction work.

a.

Construction. One temporary sign not exceeding thirty-two square feet which names the realty company, architect, engineer, owner and/or contractor may be located on the site of any structure under construction, renovation alteration, or removal.

b.

Real Estate. Every lot may have one temporary real estate sign plus one additional sign for every three hundred fifty feet of street or highway frontage in excess of three hundred fifty feet provided that such signs advertise only the sale, lease, or hire of the premises on which they are located, and

i.

In residential zones, no such sign may exceed six square feet except by an approved conditional use permit.

ii.

In nonresidential zones, no such sign may exceed thirty-two square feet.

c.

Residential development signs will be limited to one temporary sign at each entrance of a subdivision which names the developer, owner, and/or realty company.

i.

The sign will not exceed thirty-two square feet in area, not be taller than sixteen feet in height.

11.

With Residential Uses.

a.

An address sign not exceeding two square feet in area.

b.

A name plate sign indicating the resident's name, title, and address not exceeding four square feet in area and limited to one such sign per premises or dwelling unit.

c.

On-Site Directional Signs. No such sign may exceed two square feet.

d.

Home occupation signs indicating the nature of the business name of the owner, address, and phone number not exceeding six square feet in area, attached to the dwelling and limited to one such sign per dwelling unit.

12.

With Non-Profit Uses.

a.

Signs for non-profit organizations or institutions, limited to one per property and not exceeding the following limits:

i.

One square foot for each one and one-half linear feet of building frontage not to exceed thirty-two square feet in area;

ii.

Height, freestanding: eight feet; wall-mounted eight feet;

iii.

No source of illumination may be visible;

iv.

Set back from any property line at least fifteen feet.

b.

Signs up to thirty-two square feet in area for each building or occupancy upon approval of a conditional use permit for size, height, and location.

L.

Walls and Fences.

1.

Height. No wall, hedge or solid fence over four feet high, or other fence, such as chain link, wrought iron, split rail, peeled pole or pipe, over five feet high shall be maintained or constructed nearer to the street line than the required front or street-side building setback line or intersection visibility triangle requirements, nor be more than six feet in height in any rear or side yards, provided that fences exceeding the above heights may be built around schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof, or for other uses when a conditional use permit has been secured for such purposes. These height regulations shall not apply when fences of greater height are required by the planning and zoning commission in order to provide adequate screening as required by this title.

2.

Hazardous Materials. No wall or fence shall contain barbed wire or electrical current or charge of electricity (except for the containment of livestock), broken glass, or similar hazardous materials except by an approved conditional use permit. Fences containing electrical current or barbed wire are a permitted use for the containment of livestock.

3.

Materials and Design. Fences and walls shall be constructed of material in good condition only. Material must be wood, woven wire, rock, masonry, or pipe of conventional design. Fences or walls of other than specified material or of other than conventional design shall be allowed only by conditional use permit.

4.

Permanent Swimming Pools. All permanent swimming pools shall be enclosed by a solid wall, wood or chain link fence not less than five feet nor more than six feet in height so as to prevent uninvited access.

M.

Yard/Garage Sales.

1.

Yard or garage sales may be held in all zones. There may be twelve such sales held at any given property during any calendar year. No such sales may be held longer than what would be considered reasonable for a typical yard sale. All signs used for attention getting or directions must comply with the following;

2.

Yard, garage and moving sale signs may only be allowed in town rights-of-way not to exceed three square feet in total area and thirty-six inches in height, for a period not longer than seventy-two hours. Any yard, garage and moving sale sign will indicate the date(s) of the sale and the complete physical address. All such signs will be anchored and placed in such a manner to prevent them from creating a hazard for traffic or pedestrians. Any such sign not having this information or adequate anchoring or placement will be immediately removed. The town will remove any sign placed on a sidewalk or not removed within twenty-four hours after the sale has ended, and the property owner who placed it there may be cited for a violation of this code.

(Ord. No. 2013-04, Exh. A, 5-7-2013; Ord. No. 2016-05, Exh. B, 6-18-2016; Ord. No. 2017-01, Exh. A, 2-7-2017)

In the MHP zone, the off-street parking and loading provisions in Chapter 18.68 of this title shall apply.

(Ord. No. 2013-04, Exh. A, 5-7-2013)