(a)

The purpose of this article is to establish general development and performance standards applicable to all zoning districts. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the communities. The standards and regulations set forth in this article shall qualify or supplement, as the case may be, the district regulations set forth elsewhere in this chapter. Design and site review and approval pursuant to Section 14-9-5 of this chapter shall be required prior to issuance of a building permit except as exempted.

(b)

The provisions of this article shall supplement other building codes and development regulations which are adopted from time to time by the Mayor and Council.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

No swimming pool shall be located within any utility easement or closer than five feet to any property line or any building.

(b)

Any swimming pool shall be enclosed by a fence or permanent structure not less than five feet in height, and access to such an enclosed area shall be through buildings, or gates that are equipped with self-closing and self-latching devices.

(c)

No heater, filter, pump or other mechanical equipment used in association with any swimming pool shall be located within three feet of any property line. Any such mechanical equipment shall be situated so that no exhaust, vibration, noise, or other nuisance creates a disturbance to the adjoining property.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

Any lighting used to illuminate an on-street parking area, sign or other structure, shall be arranged so as to deflect light away from any residential area or zone and away from public streets. Direct or sky-reflected glare, whether from flood lights or high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public rights-of-way. Any light or combination of lights which cause light on a public street, other than lights specifically intended for and authorized for that purpose by the appropriate authority, shall not exceed one foot candle (meter reading) as measured from the center line of such street. Any light or combination of lights which casts light on residential property shall not exceed four foot candles (meter reading) as measured from the nearest property line of such property.

(b)

No light which flashes, revolves or otherwise resembles a traffic-control signal shall be allowed in any area where such light could create a hazard for passing vehicular traffic.

(c)

All outdoor lighting shall be installed, maintained, and utilized in conformance will Article 14-8 of this chapter.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

Notwithstanding any other provisions in any zoning district, as an aid to safe movement of vehicles at and near street intersections, and in order to promote more adequate protection for the safety of children, pedestrians, motor vehicle operators, and for the protection of property, the height of any fences, walls, gateways, ornamental structures, other structures or fixture construction, hedges, shrubbery and plantings on corner lots in all districts shall be limited to a height not to exceed two feet above the established elevation of such lots for a distance of 25 feet along the front and side lot lines of such lots as measured from the corner nearest to any adjacent street intersection.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

All fences and walls within any district shall be constructed in conformance with the following:

(a)

No person, firm or corporation, shall construct, or cause to be constructed or erected, any fence or wall within the City, without first making application for and obtaining a building permit for such construction.

(b)

All fences and walls shall be located entirely on the private property of the person, firm or corporation constructing, or causing the construction of any such fence or wall unless the owner of the adjoining property agrees, in writing that such fence or wall may be erected on the division line of the respective properties.

(c)

Construction and Maintenance.

(1)

Every fence or wall shall be constructed in a diligent workmanlike manner and of substantial material reasonably suited for the purpose for which the fence or wall is proposed to be used. Every fence or wall shall be maintained in a condition of reasonable good repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, and shall not be allowed to constitute a nuisance, public or private. Any such fence or wall which is, or has become, dangerous to the public safety, health or welfare, or has become unsightly through improper maintenance or neglect shall be deemed to be a public nuisance and the Zoning Administrator may commence proper proceedings for the abatement of such nuisance.

(2)

Link or wire fences are prohibited, except in industrial districts, and shall be constructed of at least 11 gauge wire or comparable material.

(3)

Electrical or barbed wire fences or walls shall be prohibited.

(d)

Fence or Wall Height Measurement.

(1)

The height of any fence or wall shall be calculated to the uppermost points as follows:

a.

In required yards abutting a street, the height of the fence or wall shall not exceed three feet in height as measured from the finished grade on the side nearest the street.

b.

In other required yards, the height of any fence or wall shall be the total effective height above the finished grade measured on the side nearest the abutting property.

c.

On property lines, the height of any fence or wall may be measured from the finished grade of either side of the fence or wall when the abutting property owners are in joint agreement.

(e)

Residential Fences or Walls.

(1)

In all residential districts of the City, no fence or wall shall be erected or maintained at a height of greater than six feet.

(f)

Business and Industrial Fences or Walls. Fences or walls in all commercial and industrial zoning districts shall not exceed ten feet in height.

(g)

Exceptions.

Special-Purpose Fences or Walls. The foregoing provisions notwithstanding, fences or walls for special purposes and fences or walls differing in construction, height, or length may be permitted in any zoning district by issuance of a conditional use permit obtained in accordance with the provisions of this chapter. Such conditional use permit may be issued only by written findings that such fence or wall is necessary to protect, buffer or improve the premises for which the fence or wall is intended and will not detrimentally affect adjacent property.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

All front, side, and rear yards shall be open and unobstructed from the ground to the sky except as follows:

(a)

All Yards.

(1)

In all front, side, or rear yards, sills, belt courses, cornices, eaves and ornamental features may project two feet into the required yard.

(2)

In all front, side, and rear yards, terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the adjacent natural ground level may project into the required yard so long as these projections are a distance of at least two feet from the adjacent lot lines.

(3)

In any front, side, and rear yards, chimneys may project two feet into the required yard.

(b)

Front Yards.

(1)

Balconies, stairs, and covered porches may project four feet into the required yard.

(2)

Canopies and awnings projecting over windows may extend into the required yard three feet; however, a canopy extending from the main entrance of the main structure on the property to the sidewalk, and not wider than the entrance may project to the nearest line of any easement for public right of way or utilities.

(c)

Side Yards.

(1)

Balconies and stairs located in a required side yard may project two feet into the required yard but not nearer than two feet to the adjacent side property line.

(2)

In any required side yard, canopies and awnings projecting over windows may extend into the required yard three feet.

(3)

In any required side yard, mechanical equipment, such as air conditioners, may be constructed in the side yard so long as the blower system is not directed toward the adjacent property, and so long as such mechanical equipment is not closer than ten feet to any opening to an indoor living area on an adjacent lot.

(d)

Rear Yards.

(1)

In any required rear yard, balconies and stairs may project four feet into the required yard.

(2)

In any required rear yard, covered porches may project into the required yard so long as they are not closer than ten feet to the rear property line.

(3)

In any required rear yard, canopies and awnings projecting over windows may extend into the required yard three feet.

(4)

In any required rear yard, mechanical equipment such as air conditioners may be constructed in the rear yard so long as the blower system is not directed toward the adjacent property, and so long as such mechanical equipment is not closer than ten feet to any opening to an indoor living area on an adjacent lot.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

Any and all accessory buildings shall be established and constructed according to the regulations for the main building within the applicable zoning district and in accordance with the following provisions and exceptions:

(a)

Accessory buildings >120 square feet shall not be located closer than one-half the minimum rear and side yard setback from the property line. In no case such building shall be located closer than five feet to any property line.

(b)

Accessory buildings <120 square feet shall not be located closer than three feet to the rear and side property lines.

(c)

Accessory buildings shall not be constructed within any required setback adjacent to a street or within any utility easement or easement for public right-of-way.

(d)

Accessory buildings shall not exceed 15 feet in height.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

For sanitation purposes, the Zoning Administrator may require a permanent enclosure for all refuse containers in any and all zoning districts and for any and all uses other than single-family dwellings. All refuse enclosures shall be designed and constructed to fully screen trash containers.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

No land shall be used or structure erected if the Planning and Zoning Commission has determined that the land is unsuitable for such use or structure by reason of potential flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, extreme topography, low percolation rate or bearing strength, erosion susceptibility or any other feature or features which may render such use or structure likely to be harmful to the health, safety and general welfare of the community. The person or entity proposing such use or structure on land determined by the Planning and Zoning Commission to be unsuitable for such use or structure may appeal the Planning and Zoning Commission's determination of unsuitability and may present evidence to the City Council in support of such an appeal. The City Council thereafter may affirm, modify, or withdraw the determination of unsuitability.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

No person shall obstruct or reduce the capacity of Pinal Creek or any other natural waterway within the City by filling or dumping any earth, stone or other materials therein.

(b)

The use of land for the dumping or disposal of scrap iron, junk garbage, rubbish or other refuse, or of ashes, slag, or other industrial wastes or byproducts shall be prohibited in every zoning district except as specifically otherwise provided in this article.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)