The purpose of this district is to provide for general commercial uses within the community.

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

In the C-1 zone, the following uses are permitted:

A.

Enclosed retail sales of new and/or secondhand merchandise such as, but not limited to; apparel and accessories; dry goods, foods, flowers; garden supplies; hardware; gifts and novelties; pet and hobby supplies; jewelry; liquor, by package only; audio and video; household supplies; newspapers, magazines and books; paint, wallpaper and glass; shoes, sporting goods; stationery; tobacco; toys; variety store goods; and similar convenience goods;

B.

Personal appearance service establishment; including, but not limited to beauty salons, barber shops, tattoo parlors, and personal fitness centers: collection and distribution of laundry and dry cleaning; self-serve laundry and dry-cleaning establishment; shoe repair; and similar personal service establishments;

C.

Governmental services and public utility offices and exchanges (excluding storage or repair services); provided, all antennas which extend above the building height shall be by conditional use permit;

D.

Dancing, art and music schools;

E.

Hotels and motels;

F.

Radio and TV studios;

G.

Headquarters building of charitable, philanthropic and welfare organizations; provided, that their primary activities are administrative and clerical rather than residential in nature;

H.

Establishments whose principal function is basic research design and pilot or experimental product development; provided, such activities are conducted within a completely enclosed building;

I.

Light manufacturing as defined in Chapter 18.08, Definitions, and shall be free from noise, odor or visible emissions when measured at the property lines, outdoor storage shall not be permitted;

J.

Any office which goods, wares or merchandise are not commercially created, displayed, stored, sold or distributed directly from the premises;

K.

Offices wherein professional, financial, administrative, clerical, real estate, employment, insurance, travel, utility, governmental, private security, newspaper services and similar office services are rendered; medical, chiropractic, dental or similar offices and clinics for outpatients only, pharmacy, optometry office or similar uses;

L.

Filling stations; provided, that facilities for tire changing and repair, polishing, greasing, washing and minor repair and servicing of motor vehicles are entirely enclosed within a building; excluding however auto or trailer sales/rental, and general sales of auto parts or other merchandise;

M.

Carwashes;

N.

Establishments serving food or beverages (including alcohol) for consumption inside the main building;

O.

Fast food establishments with or without a drive through window;

P.

Banks;

Q.

Service establishments, personal apparel, repair and construction service establishments combining retail outlet, offices with enclosed workshop such as interior decorator, custom dressmaker or tailor, milliner, photographer, blue-printer, minor household appliance repair, motor less bicycle sales and service, heating and plumbing equipment, electrical fixtures and service, air conditioning, custom upholstering and furniture repair, sign painting, custom awning fabrication, bakery, auto, truck, boat and motorcycle sales, auto body repair and painting, tire re-treading, tool sharpening and similar activities no more objectionable in character;

R.

Public garages, taxi and ambulance service and storage, bus terminals;

S.

Outdoor sales, of autos, trucks, boats, mobile homes, travel trailers, farm machinery and implements, and heavy equipment;

T.

Commercial laundries, cleaning and dyeing plants;

U.

Pet stores, veterinary office and clinics or pet salons; provided that all pens and enclosures for small animals are entirely within a building;

V.

Indoor commercial amusement enterprises such as assembly halls, dancehalls, skating rinks, bowling alleys, indoor theaters, billiard parlors;

W.

Churches, temples, synagogues or other houses of worship;

X.

Mortuaries, funeral homes or funeral chapels;

Y.

Public and private schools;

Z.

Day care facilities, child care centers or nurseries, in accordance with state law;

AA.

Libraries and museums;

BB.

Keeping of animals;

CC.

Farmer's markets not to exceed three days per week;

DD.

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 C-1 zone, the following accessory uses are permitted:

A.

Any use customarily incidental to a permitted principal use;

B.

Temporary outdoor sales in conjunction with and at the location of a permitted use. Such temporary outdoor sales shall be for a period of no longer than three days per month.

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

In the C-1 zone, the following uses require a conditional use permit:

A.

Residences and uses allowed in the R2-7 zone, subject to the property development standards of the R2-7 zone;

B.

Manufactured home parks, subject to the property development standards of the MHP zone;

C.

Establishments serving food or beverage outside of a closed building;

D.

Outdoor commercial amusement establishments such as miniature golf, drive-in theaters;

E.

All commercial broadcasting and receiving antennas;

F.

Outdoor sales and storage of lumber and building materials, secondhand merchandise and used auto parts, rental of tools;

G.

Sale of packaged grain, feed, seed and fertilizer, farm and garden supplies and nursery stock;

H.

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

I.

Wholesaling, warehousing, and enclosed storage of food, household goods and equipment, refrigerated warehousing, food lockers, general storage; provided, all such activity (except for loading and unloading) is conducted within a completely enclosed building unless specifically allowed otherwise in this title;

J.

Building and ground maintenance services;

K.

Medical and dental laboratories, research and testing laboratories;

L.

Hospitals;

M.

Trade schools;

N.

Sexually oriented businesses;

O.

Medical marijuana dispensary (no cultivation), subject to the following conditions and limitations:

1.

Applicant shall provide:

a.

The name(s) and location(s) of the offsite medical marijuana dispensary associated with the cultivation operation.

b.

A copy of the operating procedures adopted in compliance with A.R.S. Section 36-2804(B)(1)(c); and

c.

A survey sealed by a registrant of the State of Arizona showing the location of the nearest medical marijuana dispensary or cultivation location if within five hundred feet.

d.

Site plan, floor plan, building permits for occupancy change, and a security plan.

2.

Shall be located on Main Street between Central Avenue and Fourth Avenue in an enclosed permanent building and may not be located in a trailer, cargo container or motor vehicle.

3.

Shall not be larger than a maximum of one thousand gross square feet.

4.

Shall not be located within five hundred feet of the same type of use. This distance shall be measured from the exterior walls of the building or portion thereof in which the businesses are being conducted or proposed to be conducted.

5.

Shall not be located within five hundred feet of a preschool, kindergarten, elementary, secondary or high school, and two hundred feet from a place of worship, public-park or community center. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the property line of the protected use.

6.

Shall have operating hours not earlier than ten a.m. and not later than eight p.m.

7.

Drive-through services are prohibited.

8.

Cultivation of medical marijuana is prohibited.

9.

Shall provide for proper disposal (a manner set forth by Arizona Department of Health) of marijuana remnants or by-products, and not to be placed within the facility's exterior refuse containers.

P.

Taxi stand, bus stop, public parking lots and garages;

Q.

Construction equipment yards;

R.

Outdoor storage;

S.

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)

a. Heights over thirty feet may be allowed with a conditional use permit.

b. For parcels in a flood zone, check with floodplain manager for finished floor elevation.

c. 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.

d. Minimum setbacks, ten feet when abutting noncommercial use or a corner lot. Yards of less than ten feet may be allowed by conditional use permit; however, the setbacks must provide a twenty-foot access at side and/or rear of the property for fire protection.

e. Screening. All commercial uses shall be screened from any adjacent noncommercial or nonindustrial zone by a solid masonry or solid wood fence six feet in height.

f. When a commercial zoned property is being split into additional parcels, and it will be solely used for commercial purposes, the division of such property shall be subject to the land split requirements in Title 17 with the exception of the number of splits. There shall be no limit on the number of splits as long as each split meets the development standards. Such splits will also be exempt from all other requirements of Title 17 Subdivisions. However the following additional development standards shall be followed:

1. If a new road or street is created, the new road or street shall comply with the town of Eagar road standards.

2. Each new parcel or pad shall have a drainage report completed by a registered engineer prior to the development of the parcel or pad. If the use includes hazardous material a containment plan shall be submitted prior to approval.

3. The town and the developer shall enter into a development agreement for all new infrastructure, which will become part of the town of Eagar's systems. If approved in the development agreement the infrastructure improvements maybe phased over time.

4. Irregular shaped lot splits may not be approved if it is decided that it is not good planning.

5. The planning and zoning commission and the town council shall approve the division of all commercial zoned property, which creates a new street.

(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. 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.

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 community development director.

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.

Manufactured Home Placement. Manufactured home placement in this zone is allowed by an approved conditional use permit only. For placement standards, see paragraph H of the general use provisions in any residential zoning districts.

H.

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.

I.

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.

J.

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 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 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.

a.

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.

Overhead Clearance Signs. Overhead clearance signs are required on any building or structure spanning any doorway, alley, street, or roadway, through which or under which vehicles enter or exit.

8.

Prohibited Signs.

a.

Animated Signs, Sounds, Substances. Animated signs are prohibited unless a conditional use permit has been approved for said sign.

b.

Edge Treatment and Borders. Except for signs consisting of individual letters mounted against a nondifferentiated surface, signs with no edge treatment or border are prohibited.

c.

Egress and Access Obstructions. No sign may be erected, relocated, or maintained such that it would prevent free ingress to or egress from any door, window, or fire escape, nor shall any sign be attached to a standpipe or fire escape.

d.

Intermittent, flashing, and nuisance illumination is prohibited on any sign, except those which alternatively display time and temperature or message having a maximum face area not exceeding one hundred square feet.

e.

Obscene Signs. Statements, symbols and signs are prohibited which:

i.

Would be found by the average person applying contemporary state standards to be offensive and/or demeaning;

ii.

In a patently offensive way depict or describes sexual activity; and

iii.

Lacks serious literary, artistic, political, or scientific value.

f.

Obsolete Signs. The owner of the property must remove obsolete signs, and their supporting structures and frames.

g.

Off-site signage, such as off-premises advertising signs or billboards, except as otherwise provided in this chapter.

h.

Vehicle signs, signs exceeding three square feet in area which are mounted, attached, or painted on boats or other vehicles parked on the premises being advertised, and signs mounted on or against a vehicle, except:

i.

Signs utilized by bona fide nonprofit organizations on a periodic basis for a period not exceeding two weeks, which announce or provides directional information for/to a special event;

ii.

Signs which identify a business which are painted on or permanently affixed to an operable vehicle which is utilized on a daily or otherwise regular basis in the conduct of said business.

i.

The tacking, erecting painting, pasting, or otherwise affixing of signs or posters, visible from a public way, on walls of buildings, sheds, trees, rocks, fences, fence posts, utility poles, or other structures or natural features, or upon vehicles where such vehicles are used primarily as a support for such signs, is prohibited.

9.

Signs in the Public Right-of-Way. 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:

a.

Special event signs will 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 ten days prior to the event and taken down within two days after the event.

b.

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.

c.

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.

d.

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.

e.

Annual Renewal/Revocation of Use. The owner of a sign placed in the town right-of-way will apply annually for a 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.

f.

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

g.

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.

10.

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

11.

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.

12.

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;

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.

ii.

Signs larger than six square feet and up to sixteen square feet may be allowed with a conditional use permit;

iii.

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 twenty-five feet in height.

13.

Directional Signs. Directional signs may not exceed three feet in height or two square feet in area.

a.

Real estate directional signs may only be arrow type signs and shall be allowed in the public right-of-way.

14.

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.

15.

Signs Permitted in Commercial Zones.

a.

Address sign not exceeding two square feet in area.

b.

On-site directional signs not to exceed three feet in height and two square feet in total area.

c.

Temporary real estate, construction, and residential development signs not to exceed thirty-two square feet in total area.

d.

Business Marketing Signs. The total sign area for each building frontage for such signs may not exceed one square foot for each one and one-half linear feet of street or occupancy frontage, not to exceed one hundred fifty square feet in total, excepting signs identifying rear or side entrances of any given establishment not to exceed nine square feet in total area. Within these limits, in the commercial zones the following signs are permitted:

i.

Freestanding Signs. One freestanding sign not exceeding one hundred fifty square feet in area or twenty-five feet in height for each property frontage.

ii.

Pole Signs. Pole sign(s) not exceeding fifty square feet in area nor twenty-five feet in height. The bottom of the sign must be four feet or less, or if the bottom of the sign is greater than four feet, it must have a minimum height of seven feet.

iii.

Wall, projecting signs not exceeding twenty feet in height above grade, with a minimum height of the bottom of the sign being eight feet above grade.

iv.

"A" frame freestanding signs not exceeding sixteen square feet and approved anchoring by the planning and zoning department when used for the purpose of providing additional advertising. All such signs shall comply with permitting requirements of this section. No such sign is allowed in any public right-of-way.

16.

Grand Opening and Special Events Signs.

a.

On-site, special attention getting devices such as banners, pennants, spinners, displays, and balloons, may be allowed for a maximum of fourteen days prior to a planned special event or commencing with the first day of a designated grand opening subsequent to the opening of a new business or change of ownership of an existing business provided that no such device be permitted that would in any way interfere with the safe and orderly flow of traffic or in any way present a danger to the public health, safety, and welfare.

b.

Special event signs will be allowed in the town of Eagar rights-of-way per Section 18.72.120.

c.

Banners. The zoning administrator may approve banners announcing special events to hang across Main Street for a period not to exceed fourteen days immediately preceding the event being announced. Such banners must be removed within five days after the event.

d.

Seasonal Banners. Banners celebrating the four seasons of the year are allowed to be displayed on town owned light poles along Main Street. Such banners will not create a hazard to pedestrians or vehicular traffic.

K.

Temporary/Secondary Dwellings.

1.

A separate dwelling structure may be placed on a residential lot as a secondary and/or temporary residential dwelling if:

a.

The proposed occupant(s) is/are a family member or individual who has no known family and/or no means of support who requires special care or is aged or infirm and is incapable of maintaining a complete separate residence;

b.

The setbacks and placement standards in the underlying zone can be met by the proposed location of the secondary or temporary dwelling;

c.

The proposed dwelling will meet the standards and requirements of the department of building and fire safety, division of manufactured housing;

d.

The site conditions imposed by the conditional use permit procedure are met.

2.

Approval of a conditional use permit for a proposed temporary dwelling is subject to the following:

a.

An approved conditional use permit for the temporary dwelling shall be granted to the applicant and shall not be deemed to run with the land; and

b.

An approved conditional use permit for the secondary or temporary dwelling is valid for a period as deemed appropriate; provided, however, the planning and zoning director shall revoke such permit at any time, if any of the reasons for which the permit was granted are no longer applicable, or if any imposed conditions are violated.

3.

A recreational vehicle (such as motor home, camp trailer, camper, etc.) may be occupied on a residential lot for a maximum of thirty consecutive days, not to exceed a total of forty-five days per calendar year, without approval of a conditional use permit. The intent is to allow relatives or friends the privilege of visitation, while maintaining their privacy, for a short period of time or for an immediate, but temporary, solution for hardship or emergency living quarters.

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 (except for the containment of livestock), electrical current or charge of electricity, broken glass, or similar hazardous materials or devices, provided that fences enclosing storage areas in commercial and industrial zoning districts may contain barbed wire so long as such wire is located not less than six feet above grade, and provided that fences containing electrical current or barbed wire shall be allowed in any zoning district when a conditional use permit has been secured.

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, 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.

N.

Yard, Lot and Area Requirements.

1.

Generally. No building shall be erected, nor shall any existing building be altered, enlarged, moved or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot, area and building location regulations designated in this title for the zone in which such building or open space is located, except as otherwise specifically provided.

2.

Yards. Except as provided in this title, every part of a required yard shall be open to the sky and unobstructed. Trees, shrubbery, etc., and accessory structures as allowed in this title, shall not be considered obstructions.

3.

Yard Space for One Building Only. No required yard or other open space around an existing building, which is needed to comply with the provisions of this title, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing the yard or open space on the lot where a building is to be erected or established.

4.

Intersection Visibility Triangle. Within a triangle formed by the street front and side lot lines and a line connecting these lot lines at points measured along these lot lines a distance of twenty-five feet from their intersection, all fixtures, construction, hedges, shrubbery and other planting shall be limited to a height not over three feet above the elevation of the street line level at the same intersecting streets. Within the same triangle, and in the cases where front yards are terraced, the ground elevation of such front yards shall not exceed three feet above the established street line elevation at the said intersecting streets.

(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 C-1 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)