Administrative
For the purpose of this title, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number; all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word “shall” is mandatory and not discretionary. Other words and phrases used in this title shall have the following meaning:
Abutting: The conditions of two (2) adjoining properties having a common property line or boundary, including cases where two (2) or more lots adjoin only a corner or corners.
Access or accessway: The place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.
Acre: An area of land containing forty-three thousand five hundred sixty (43,560) square feet.
Adjacent: Nearby, not distant, having a common border. Not necessarily touching.
Aggrieved person: An individual who is negatively affected by a land use decision. An aggrieved person includes the property owner, adjacent property owners, or owners within the required notice area of the action from which the grievance arises. For individuals who are not the property owner, adjacent property owner, or an owner within the required notice area of the action from which the grievance arises, a legal or equitable interest in the action must be demonstrated and the individual must be able to demonstrate actual, and not perceived, harm, in order to meet the definition of aggrieved.
Agriculture: The tilling of the soil, raising of crops, horticulture, silviculture, fish hatchery and farming, livestock raising and grazing, including all uses customarily incidental thereto but not including slaughterhouses, fertilizer yards, rendering plants, or plants for the reduction of animal matter, or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.
Airport: Any area which is used or is intended to be used primarily for the taking off and landing of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or facilities including open spaces, taxiways and tiedown areas, hangars, transition and clear zones, and other accessory buildings.
Alley: A right-of-way, dedicated to public use, affording a secondary means of access to abutting property and not intended for general traffic circulation.
Ambulatory person: Any individual including one who uses a cane or other ambulatory support, who is physically and mentally capable, under emergency conditions, of finding a way to safety without assistance.
Amendment: In reference to this title, a change in the wording or substance of this title, or an addition or deletion or a change in the zone district boundaries or classifications of the zoning map.
Animal hospital: Facilities for the care, treatment, and boarding of animals including facilities within the term “veterinary clinic.”
Animation or animated: As defined in Chapter 19.100.
Antique: A product that is sold or exchanged because of value derived because of oldness as respects the present age, and not simply because the same is not a new product.
Appeal: An action which permits an aggrieved individual to arrange for a hearing before an individual or a group other than the individual or group from whose decision the appellant seeks redress, or a first request for action, depending on context; Section 19.135.010 provides for appeal without prior decision.
Automobile repair: All aspects of the repair of motor vehicles including, but not limited to, lubrication, tune-up and preventive maintenance for commercial purposes.
Automobile sales, new: A franchised agency selling new motor vehicles and providing services commonly associated with motor vehicle sales. A new automobile dealership may include the sale of used motor vehicles.
Automobile sales, used: An agency selling used motor vehicles not in conjunction with and on the same site as a new motor vehicle franchise and providing services commonly associated with motor vehicle sales.
Automotive, body and fender: The painting, repairing, replacing, reconstructing, frame straightening, sandblasting and/or welding of body parts on automobiles, recreational vehicles, trucks, trailers, motorcycles, boats, snowmobiles or other such vehicles for commercial purposes.
Automotive detailing: The practice of washing, waxing, or cleaning of automobiles, trucks, motor homes, or recreational vehicles for commercial purposes. Does not include sandblasting, painting, welding, body work, auto body part replacement, automotive repair, glass repair or replacement.
Awning: As defined in Chapter 19.100.
Banner: As defined in Chapter 19.100.
Bar or cocktail lounge: An establishment whose primary business is the serving of alcoholic beverages to the public for consumption on the premises.
Bed and breakfast: An owner-occupied dwelling unit that contains no more than four (4) guest rooms where lodging, with or without meals, is provided for compensation.
Board of adjustment: See Section 19.10.050.
Building: A structure, above or below the ground, having one (1) or more stories and a roof, designed primarily for the shelter, support, or enclosure of persons, animals, or property of any kind. This shall not include dog houses, playhouses, similar structures; includes manufactured homes.
Building, accessory: A building or structure which is subordinate to, and the use of which is customarily incidental to, the main building, structure, or use on the same lot or parcel.
Building area: The total areas, taken on a horizontal plane at the mean grade level, of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps.
Building, attached: A building which has at least part of a wall in common with another building, or which is connected to another building by a roof.
Building, detached: A building which is separated from another building or buildings on the same lot.
Building, height of: The vertical distance measured from the average grade level of the highest level of the roof. In the event that terrain problems prevent an accurate determination of height, the zoning director shall rule as to height and appeal from that decision shall be to the board of adjustment.
Building, main: A building, or buildings, in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building of the lot on which the same is situated.
Building permit: A permit required for erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the City of Show Low as more fully defined in the International Building Code.
Building setback: The minimum distance as prescribed by this title between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto. (See “Yard, street-side,” “Yard, rear,” and “Yard, side.”)
Bulk fuel storage: A place where liquefied petroleum gas, crude petroleum, gasoline, naphtha, benzine, benzol, kerosene or any other liquid except such as will stand a test of one hundred fifty (150) degrees Fahrenheit, closed cup testers, are stored in wholesale quantities, where the aggregate capacity of all storage tanks is more than ten thousand (10,000) gallons.
Campground: Any lot, parcel, or tract of land used, designed, maintained, and intended for rent of plots or sites to accommodate temporary camping by the traveling public with or without sanitary facilities and water whether or not a charge is made for the use of the park and its facilities. (See Section 19.25.200.)
Caretaker residential use: Single-family dwelling or manufactured home in an industrial zone provided such residence is incidental to such use and is occupied only by a caretaker or security personnel and his/her family. Also includes site built housing attached to a permitted business in the commercial zoning districts.
Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.
Changeable copy: As defined in Chapter 19.100.
Church: A building commonly used for religious worship.
City: The City of Show Low, Navajo County, Arizona.
Civic uses: Civic uses provide for meetings, conventions and trade fairs, exhibitions, and other community, social and multipurpose uses. Typical uses include convention centers, neighborhood centers, and community centers.
Clearing: Consisting of the removal and disposal of all obstructions such as fences, walls, foundations, buildings, accumulations of rubbish of whatever nature and existing structures. Included in this definition are trees, logs, shrubs, brush, grass, weeds, other vegetation and stumps of a diameter greater than six (6) inches.
Clinic: A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
Commercial flag: As defined in Chapter 19.100.
Commercial rodeo grounds: A roping arena or rodeo ground which is used for any commercial or business purpose, including, but not limited to, charging participants and/or spectators for any roping or rodeo-related activity or event.
Commission: The City of Show Low planning and zoning commission. (See Section 19.10.040.)
Contiguous: In actual contact.
Convalescent home: Same as “Nursing home.”
Copy: As defined in Chapter 19.100.
Council: Show Low city council.
County: Navajo County, Arizona.
Day care center: A facility where six (6) or more people are supervised and cared for. Such a place does not provide medical, psychological, or rehabilitative care, or overnight care.
Drive-in restaurant: Any establishment where food or beverages are dispensed and may be consumed on the premises, but outside a closed building.
Drive-in theater: An open air theater where the performance is viewed by all, or part, of the audience from motor vehicles.
Dwelling: A building or portion thereof designed exclusively for residential purposes, including single-family and multiple dwellings; but not including hotels, motels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or child care nurseries.
Dwelling, multifamily: A building designed exclusively for occupancy by or occupied by two (2) or more families living independently of each other.
Dwelling, single-family: A detached building designed exclusively for occupancy by or occupied by one (1) family for residential purposes.
Dwelling unit: A room or group of rooms within a dwelling, designed to be occupied exclusively by one (1) or more persons living as a single-family housekeeping unit.
Easement: A space on a lot or parcel of land reserved or used for location and/or access to utilities, drainage or other physical access purposes.
Eave line: As defined in Chapter 19.100.
Electronic message display: As defined in Chapter 19.100.
Embellishment: As defined in Chapter 19.100.
Erect. The word “erect” includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations on the land, required for a building.
Excavation: The removal and disposal of all materials taken from the ground for the purposes of installing nonnatural facilities.
Family: One (1) or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
Farming: Same as “Agriculture.”
Fence: Any device built to enclose a parcel of land, to separate two (2) parcels of land, or to separate a parcel of land into different use areas.
Filling: The process of dumping dirt, sand, rock or other material excavated from the earth. This includes grading of the material and adjacent surfaces so that it is left in a suitable condition for other district uses.
Garage, private: A building or portion thereof, used for the shelter or storage of self-propelled vehicles, or owned or operated by the occupants of a main building where there is no service or storage for compensation.
Grading: The process of changing gradients of existing land by contouring, smoothing or otherwise shaping land areas outside of planting beds and lawns.
Group home for the handicapped: A dwelling shared by four (4) or more handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential.
As used herein, the term “handicapped” shall mean having:
(1) A physical or mental impairment that substantially limits one (1) or more of such person’s major life activities so that such person is incapable of living independently;
(2) A record of having such an impairment; or
(3) Being regarded as having such an impairment.
However, “handicapped” shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term “group home for the handicapped” shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.
Grubbing: The elimination of roots from the ground by digging or pulling.
Guest house (detached): Living quarters consisting of one (1) or more rooms, designed, occupied or intended for occupancy as detached living quarters, with cooking, sleeping and sanitary facilities which may or may not be utilized for income purposes.
Guest unit: Living quarters consisting of one (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities which may or may not be utilized for income purposes within a primary dwelling unit.
Hazardous material: A substance that has the capability of posing an unreasonable risk of health and safety to life and property or any material that is subject to the hazardous waste definitions of the Arizona Department of Environmental Quality or the United States Environmental Protection Agency.
Home occupation: Any occupation or profession which is incidental and subordinate to the use of the dwelling unit for dwelling purposes and which does not change the character thereof.
Homeless shelter: A class of residential facility which provides temporary, transitional and/or residential services to homeless individuals and/or families for a period not exceeding a twelve (12) month period. A homeless shelter primarily offers food, shelter and other support services needed to transition the individual to self-sufficiency.
Hospital: A facility for the treatment or care of human ailments, where overnight lodging for patients is provided, other than nursing homes.
Hotel: A building in which lodging is provided and offered to the public for compensation and which is open to transient guests.
International Building Code (IBC): As defined in Chapter 19.100.
Junk Vehicle. “Abandoned or junk vehicle” means a vehicle or any portion thereof which is incapable of movement under its own power and will remain so without repair or reconstruction. All abandoned or junk vehicles will be stored in an enclosed area by the owner or occupant of the property as long as said vehicle is located in such a manner as not to be visible from any point laying without the property upon which the abandoned or junk vehicle is stored or parked.
Junk yard: See “Salvage yard.”
Kennel: Any premises where a combination of four (4) or more dogs or cats are bred, boarded, and/or trained.
Kitchen: Any room in a building or dwelling unit which is used or intended to be used for cooking or the preparation of food.
Landscaping: An area which has been improved through the harmonious combination and introduction of trees, shrubs, and ground cover, and which may contain natural topping material such as boulders, rock, stone, granite, or other approved material. The area shall be void of any asphaltic or concrete pavement except for pedestrian walkways.
Livestock: Animals such as cattle, horses, sheep, goats or llamas.
Lot: A legally created parcel of land.
Lot area: The total horizontal area within the lot lines of a lot.
Lot coverage: That portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools.
Lot depth: The horizontal length of a straight line connecting the midpoints of the front and rear lot lines.
Lot frontage: The horizontal or chord length of the front lot line.
Lot line: The line bounding a lot.
Lot line, rear: A lot line which is opposite and most distant from the front lot line.
Lot line, side: Those lot lines connecting the front and rear lot lines.
Lot line, street: In the case of an interior lot, a line separating the lot from the street, and in the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.
Lot width, average: The distance between side lot lines measured thirty (30) feet behind the required minimum front yard line parallel to the street or street chord.
Maintenance: As defined in Chapter 19.100.
Manufactured home park: Any parcel or tract of land, designed, maintained, used, and approved by the City of Show Low (or in existence prior to being annexed into the City of Show Low), which is intended for rent or lease of individual lots or sites to accommodate one (1) manufactured home per lot or site, including all vehicles, accessory buildings, and appurtenances to be used or intended as equipment, whether or not a charge is made for the use of the site or the use of its facilities.
Manufactured housing: A structure transportable in one (1) or more sections which, in the traveling mode, is eight (8) feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. Such a structure must conform to the standards contained in the National Manufactured Housing Construction and Safety Standards Act established and administered by the U.S. Department of Housing and Urban Development.
For purposes of these regulations, manufactured homes, as a special form of one (1) family detached dwellings, are subject to such special regulations as are set forth herein and shall not be considered a modular or factory-built building as defined in this section.
Manufacturing: The fabricating or assembling of materials into finished or partially finished products by hand or by the use of machinery.
Mobile home: A residential dwelling that was fabricated in an off-site manufacturing facility, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. A “mobile home” was constructed prior to the enactment of the National Manufactured Housing Construction and Safety Standards Act, established and administered by the U.S. Department of Housing and Urban Development. (See “Manufactured housing.”)
Modular or factory built buildings: A structure fabricated, either wholly or partially, off site that meets the standards of the International Building Code, International Mechanical Code, International Plumbing Code, and National Electrical Code as adopted by the City of Show Low and designed to be installed on a permanent foundation.
Motel: A building or group of buildings containing guest rooms or apartments used primarily for the accommodation of motorists, and providing adequate automobile parking on the premises.
Natural: The condition of the land, vegetation, rocks, and other surface features which have not been physically disturbed, changed or added to by any action of man or machine.
Nonchartered financial institution: Any business, including accessory uses, other than a state or federally chartered bank, credit union, mortgage lender or savings and loan association, that offers check cashing services, vehicle title loans, and loans for payment of a percentage or graduated fee. Specifically included are check cashing and pawn shop businesses that charge a percentage or graduated fee for cashing a check or negotiable instrument and “payday loan” businesses which make loans upon assignment of wages received, or businesses that function as deferred presentment services. Automobile dealers shall not be considered nonchartered financial institutions.
Nonconforming structure: A structure which was lawfully erected prior to the adoption of the ordinance codified in this chapter but which, under this title, does not conform with the standards of development and construction, lot coverage, yard spaces, height of structures, distance between structures or other standards prescribed in the regulations for the district in which the structure is located. (See Chapter 19.95.)
Nonconforming use: The use of a structure or land which was lawfully established and maintained prior to the adoption of this title but which, under this title, does not conform to the use regulations for the district in which it is located.
Nuisance: See Section 7.20.010.
Nursery: A commercial operation for the growth and sale of plants, storage of equipment for landscaping and the wholesale or retail sale of commercial gardening supplies.
Nursing home: A health care facility for extended care and convalescent care, regulated by the state health department and licensed by the state of Arizona.
Office: A room or rooms and accessory facilities for the managing or conducting of a business.
Off-street parking and loading facilities: A site or a portion of a site devoted to the off-street parking of motor vehicles including parking spaces, aisles and access driveways. (See Chapter 19.105.)
Open space: Usable open space. (See “Usable open space.”)
Outdoor storage: The location of any goods, services, wares, merchandise, commodities, junk, debris, vehicles or any other item outside of a completely enclosed building for a continual period longer than twenty-four (24) hours. Does not include new and used vehicle sales operating under an approved business permit.
Out-parcel pad: As defined in Chapter 19.100.
Parcel: A legally created plot of land.
Park: A public or private parcel of land developed and used for passive or active recreation.
Parking area: An area designed and constructed and used exclusively for the parking, storage and maneuvering of vehicles. (See Chapter 19.105.)
Planning and zoning commission: The planning and zoning commission of the City of Show Low. (See Section 19.10.040.)
Planning and zoning director: Staff person designated by the city manager to hold such position. In the absence of such a person, the city manager serves as the planning and zoning director.
Principal use: The main use of land or structures as distinguished from a secondary or accessory use.
Professional office: Any building, structure, or portion thereof, used or intended to be used as an office for a lawyer, architect, engineer, surveyor, planner, optometrist, accountant, doctor, dentist, or other similar professions.
Public building: Facilities for conducting public business constructed for various public agencies, including all federal, state, county, and city offices and buildings.
Public hearing: Hearings to receive public testimony.
Public utility: Private or public facilities for distribution of various services, such as water, power, gas, communication, etc., to the public.
Recreation facilities: Includes buildings, structures or areas built or developed for purposes of entertaining, exercising or observing various activities participated in either actively or passively by individuals or organized groups.
Recreational vehicle: A vehicular type unit primarily designed as living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. This includes motor homes, self-contained travel trailers, campers, park models, etc.
Recreational vehicle park: Facilities for the storage, parking and maneuvering of recreational vehicles (motor homes, travel trailers, campers, park models, etc.) with adequate roads and staff sites, including sanitary and water facilities. Does not constitute a manufactured home park.
Restaurant: An establishment which serves food or beverages only to persons seated within the building. This includes cafes, tea rooms, and similar establishments.
Retail store: A commercial business for selling goods, services, wares or merchandise directly to the consumer, but not including a professional office.
Right-of-way: Includes any public or private right-of-way and includes any area required for public use pursuant to any official plan.
Salvage yard: Any land or building used for the abandonment, storage, recycling, keeping, collecting, or baling of paper, rags, scrap metals, other scrap or discard materials, or for the abandonment, demolition, dismantling, recycling, storage, or salvaging of automobiles or other vehicles not in running condition, or machinery, or parts thereof.
School, elementary, junior high, high school, college, or junior college: Public and other institutions conducting regular academic instruction at kindergarten, elementary, secondary, and tertiary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the state board of education or the state board of regents.
School, nursery: A building or buildings or the use of a site or a portion of a site for an organized program devoted to the education or day care of six (6) or more children of elementary school age or younger other than those residents on the site. Includes day care center.
School, private or parochial: An institution conducting regular academic instruction at kindergarten, elementary, secondary, and tertiary levels operated by a nongovernmental organization.
School, trade: Schools offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools and similar commercial establishments operated by a nongovernmental organization.
Service station: An occupancy engaged in the retail sales of gasoline, oil, tires, batteries, and new accessories and which provides for the servicing of motor vehicles and operations incidental thereto, including: automobile washing, waxing and polishing, tire changing and repairing, but not including recapping. May also include battery service, radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trailers, testing, adjustment and replacement of motor parts and accessories.
Shopping center: A group of retail stores or professional offices planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaped areas and pedestrian malls or plazas provided on the property as an integral part of the unit.
Sign: Any identification, description, illustration, or device which is affixed directly or indirectly upon a building, structure or land which directs attention to a product, place, activity, person, institution, or business and which is visible from any public street, waterway, alley or public place, and shall include banners and similar services. A vehicle-mounted sign on a vehicle that is habitually parked or stationed at the site of a business and serves to advertise or identify the business shall be construed as a sign for the purpose of this title. National flags and flags of government shall not be construed as signs.
Sign area: As defined in Chapter 19.100.
Sign, canopy: As defined in Chapter 19.100.
Sign, costume: As defined in Chapter 19.100.
Sign, development: As defined in Chapter 19.100.
Sign, directional: As defined in Chapter 19.100.
Sign, entrance and exit: As defined in Chapter 19.100.
Sign, freestanding: As defined in Chapter 19.100.
Sign height: As defined in Chapter 19.100.
Sign, monument: As defined in Chapter 19.100.
Sign, off-site: As defined in Chapter 19.100.
Sign, over-the-highway banner: As defined in Chapter 19.100.
Sign, political: As defined in Chapter 19.100.
Sign, portable: As defined in Chapter 19.100.
Sign, projecting: As defined in Chapter 19.100.
Sign, property sale, rental, or lease: As defined in Chapter 19.100.
Sign, special event: As defined in Chapter 19.100.
Sign, structure: As defined in Chapter 19.100.
Sign, temporary: As defined in Chapter 19.100.
Sign, transient merchant: As defined in Chapter 19.100.
Sign, vehicle: As defined in Chapter 19.100.
Sign, walker: As defined in Chapter 19.100.
Sign, wall: As defined in Chapter 19.100.
Sign, window: As defined in Chapter 19.100.
Special event: Any event or multiple events that do not occur on a frequent basis, that occur upon public or private property, which the general public is invited to watch, participate in, purchase goods or services from; these events include but are not limited to fairs, festivals, carnivals, fundraisers, car shows, gun shows, trade shows, rodeos, athletic events, markets, parades, exhibitions, auctions, and concerts.
Stable: A detached accessory structure including, but not limited to, a corral or paddock for the keeping of one (1) or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.
Stable, commercial: A structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, hire or sale.
Store: A building where manufactured or ready-made items can be purchased.
Street: A right-of-way, dedicated and accepted by the City of Show Low, for public uses, which provides the principal vehicular and pedestrian access to adjacent properties.
Street frontage: As defined in Chapter 19.100.
Street line: The boundary line between street right-of-way and abutting property.
Structure: Anything constructed or erected which requires a fixed location on or below the ground, including a building or manufactured home, but not including a fence or wall used as a fence.
Subdivision: Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four (4) or more lots, tracts or parcels of land; or, if a new street is involved, any such property which is divided into two (2) or more lots, tracts or parcels of land; or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two (2) parts. “Subdivision” also includes any condominium, cooperative, community apartment, townhouse or similar project containing four (4) or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. “Subdivision” does not include the following:
(1) The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots.
(2) The partitioning of land in accordance with other common ownership.
(3) The leasing of apartments, offices, stores or similar space within a building or trailer park, nor to mineral, oil or gas leases.
Swimming pool: Any structure intended for swimming or recreational bathing that contains water over twenty-four (24) inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs and spas.
Temporary merchant or vendor: As defined in Section 16.05.010.
Temporary use: A use which occurs for a specific time period from either a temporary structure or location.
Time and temperature unit: As defined in Chapter 19.100.
Travel trailer: A portable structure without motive power, with wheels built on a chassis, designed as a temporary dwelling for travel, recreation, and vacation purposes, having a body width not exceeding eight (8) feet and a body length not exceeding forty (40) feet.
Usable open space: Space which can be enjoyed by people. This could include landscaping plazas, grass and trees, fountains, sitting areas, etc., and is meant to provide an open garden atmosphere. Usable open space does not include parking areas, vacant or undeveloped lots or any other space which does not contribute to the quality of the environment.
Use: The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied and maintained.
Use, accessory: A use which is incidental, related, appropriate, and clearly subordinate to the principal use of the lot or building, and which does not alter the principal use of the lot or building.
Use, conditional: A use is listed as a “conditional use” in any given zone district or other part of this title. Such use shall require a “conditional use permit” in order to be established within that zone district, and shall be subject to all conditions and requirements imposed by the planning and zoning commission in connection with the conditional use permit in addition to conditions and requirements imposed by all other regulatory agencies.
Use, permitted: A use which is listed as a “permitted use” in any given zone district. Such use shall be allowed to be established within that zone district, subject to the specific requirements of this title.
Variance: See Chapter 19.135.
Vehicle, delivery: As defined in Chapter 19.100.
Wall: Any device forming a physical barrier which is so constructed that fifty (50) percent or more of the vertical surface is closed preventing the passage of light, air and vision through said surface.
Warehouse: A building or buildings used for the storage of goods.
Wholesale: The sale of goods or materials for the purposes of resale.
Yard: Open and unoccupied space on a lot or parcel.
Yard, front: A yard, the depth of which is the minimum required horizontal distance between the street line and a line parallel thereto on the lot, which yard extends across the full width of the lot.
Yard, rear: A yard, the depth of which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot.
Yard, side: A yard, the width of which is the minimum required horizontal distance between the side lot line and a line parallel thereto on the lot, not including any portion of a required front yard or required rear yard.
Zone: A district classification established by this title which limits or permits various and specific uses.
Zone district: A zone area in which the same zoning regulations apply throughout the district.
Zoning director: The official responsible for enforcement of the zoning ordinance and/or his/her designee. (See Section 19.10.060.) (Ord. No. 387, § 3, 6-6-95; Ord. No. 498, § 1, 8-7-01; Ord. No. 2008-04, § 1, 4-1-08; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-21)
This title shall be known as “The zoning ordinance of the City of Show Low.” (Ord. No. 387, § 3, 6-6-95. 1976 Code § 15-1-1)
The purposes of this title are to implement the general plan of the City of Show Low; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to lessen congestion in the streets; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; to provide for the social, physical, and economic advantages resulting from comprehensive and orderly planned use of land resources; and to otherwise promote the health, safety, convenience, and general welfare of the citizens of the City of Show Low, Arizona. (Ord. No. 387, § 3, 6-6-95. 1976 Code § 15-1-2)
In its interpretation and application, the provisions of this title shall be held to be minimum requirements for the implementation of the general plan of the City of Show Low, and for the promotion of the public health, safety, and general welfare. It is not intended by this title to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this title, or with restrictions placed upon property by covenant, deed, or other agreement between parties; provided, that where this title imposes a greater restriction on land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this title shall control. (Ord. No. 387, § 3, 6-6-95. 1976 Code § 15-1-3)
(A) Establishment – Composition – Terms of Members – Vacancies – Compensation of Members. There is hereby established a planning and zoning commission of the City of Show Low to consist of seven (7) members, all residents of the city, to be appointed by the city council. The members of the commission shall serve for terms of four (4) years. In the event of a death, resignation, or removal from the commission, the vacancy shall be filled by the council for the unexpired term. Members of the commission may be removed by the council for inefficiency, neglect of duty, or malfeasance in office. The council shall file a written statement of the reasons for removal. All members shall serve with pay in an amount established by the city council, and may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the commission and approval of such expenditures by the city council.
(B) Powers and Duties. It shall be the duty of the commission:
(1) To formulate for recommendation any lawful plan for adoption by the council for growth and development.
(2) To make or cause to be made a continuous study of the best present and future use to which land and buildings shall be put within the City of Show Low.
(3) To recommend to the council revisions in such plans which, in the opinion of the commission, are for the best interest of the citizens of the City of Show Low.
(4) To hold public hearings where necessary.
(5) To make recommendations to the council on all matters concerning or relating to the creation of zoning districts, the boundaries thereof, the appropriate regulations to be enforced therein, and amendments of this title.
(6) To carry out the specific duties as prescribed by this section.
(7) To undertake all activities usually associated therewith and commonly known as “planning and zoning.”
(8) To confer and advise with other city, county, regional, or state planning agencies and commissions.
(C) Selection of Officers. The commission shall elect a chairman and vice chairman from among its own members, who shall serve for one (1) year and until their successors are elected and qualified. The chairman shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The chairman shall have the power to administer oaths and to take evidence. The vice chairman shall perform the duties of the chairman in the latter’s absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election.
(D) Quorum – Voting. Four (4) members shall constitute a quorum. The affirmative vote of a majority of members voting shall be required for passage of any matter before the commission. A member may abstain from voting only upon a declaration that he/she has a conflict of interest, in which case such member shall take no part in the deliberation on the matter in question.
(E) Rules – Regulations – Records – Meetings. The commission shall make and publish rules and regulations to govern its proceedings and to provide for its meetings. All meetings of the commission shall be open to the public. The minutes and records of all commission proceedings shall be kept and filed as public record in the office of the city clerk. (Ord. No. 387, § 3, 6-6-95; Ord. No. 2003-17, § 1, 10-21-03; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-4)
(A) Establishment. There is hereby established a board of adjustment which shall consist of five (5) members to serve without compensation, each to be appointed by and to serve at the pleasure of the mayor and council, for a term of four (4) years. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. To the extent practicable the board should be comprised of persons familiar with land use, the building code or the technical trades. The members of the board shall elect a chair and a vice chair who shall serve for two (2) years and until their successors are elected. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar body. Meetings of the board shall be held at the call of the chair, and at such other times as the board may determine. The board shall adopt rules governing its proceedings. Such chair or, in the absence of the chair, the vice chair, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the city clerk and shall be public records.
(B) Powers and Duties.
(1) It shall be the duty of the board to:
(a) Hear and decide appeals in which it is alleged there is an error in an order, requirement or decision made by the zoning director in the enforcement of the zoning ordinance, and to reverse or affirm, wholly or partly, or modify the order, requirement, or decision of the zoning director appealed from, and make such order, requirement, decision or determination as necessary.
(b) Hear and decide appeals for variances from the terms of the zoning ordinance only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same zoning district in which such property is located.
(c) Hear and decide requests for reasonable accommodation for an individual with a disability, or disability of an individual(s) who will reside at the property, under this chapter pursuant to state or federal law. Such requests may be approved, conditionally approved, or denied in accordance with applicable law and may be appealed in the manner provided by A.R.S. § 9-462.06(K).
(2) The board of adjustment may not:
(a) Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the zoning ordinance, provided the restrictions in this section shall not affect the authority to grant variances pursuant to this title.
(b) Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. (Ord. No. 387, § 3, 6-6-95; Ord. No. 2004-08, § 1, 6-1-04; Ord. No. 2006-28, § 1, 12-19-06; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-5)
(A) Creation – Appointment. There is hereby created the office of zoning director of the City of Show Low.
(B) Powers and Duties. The zoning director shall:
(1) Enforce the zoning ordinance.
(2) Accomplish all administrative actions required by the ordinance.
(3) Undertake preliminary negotiation with, and provide advice to, all applicants for zoning adjustment action, use permits, plan review or other action of the zoning director, the planning and zoning commission, or the board of adjustment.
(4) Subject to general and specific policy laid down by the planning and zoning commission and the city council, interpret the zoning ordinance to members of the public, city departments, and other branches of government. (Ord. No. 387, § 3, 6-6-95; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-7)
This title shall be enforced by the zoning director who shall in no case grant permission for the issuance of any permit for the construction, reconstruction, alteration, demolition, movement or use of any building, structure, lot, or parcel if he determines that the building, structure, lot or parcel as proposed to be constructed, reconstructed, altered, used, or moved, would be in violation of any of the provisions of this title, unless directed to issue such permit by the board of adjustment after interpretation of the ordinance or the granting of variance, or by the city council after interpretation of this title. (Ord. No. 387, § 3, 6-6-95; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-8)
It is hereby declared to be unlawful to construct, erect, install, alter, change, demolish, maintain, or use any house, building, structure, or fence or to use any lot or parcel contrary to, or in violation of, any provision of this title. Any person, firm, or corporation violating any of the provisions of this title shall be guilty of a civil violation punishable as provided in Section 1.25.010(A). In addition, the provisions of this title may be enforced through any procedure or remedy provided by law including injunctive relief as provided by state statute. (Ord. No. 387, § 3, 6-6-95. 1976 Code § 15-1-9)
If any part of the zoning ordinance of the City of Show Low is found to be invalid or unconstitutional by any court, such action shall not apply to the title as a whole, but only to that specific part, and it is intended and declared that all parts of said zoning ordinance of the City of Show Low not expressly declared to be invalid or unconstitutional shall continue in full force and effect notwithstanding so much thereof as may be declared to be invalid or unconstitutional. (Ord. No. 387, § 3, 6-6-95. 1976 Code § 15-1-10)
(A) Purpose. The purpose of this section is to allow amendments to the text of these zoning regulations or the zoning map so that the city may respond to changing conditions. The provisions of this section are not intended to relieve particular hardships nor to confer special privileges.
(B) Application Process.
(1) Authorized Applicant. An applicant for an amendment to change the zoning on any property shall be one (1) of the following:
(a) The owner(s) and/or authorized agent of the property;
(b) One (1) or more of several joint owners of property who own individually or as a group and hold a majority interest in the property;
(c) Seventy-five (75) percent, or more, of the owners of property in the area and seventy-five (75) percent, or more, of the land area covered by the application when the application covers more than one (1) property;
(d) The city council or planning and zoning commission on its own motion at a public meeting.
(2) Submittal Requirements. To have a zoning ordinance or zoning map amendment processed the applicant shall submit an application on a form provided by the planning and zoning department and shall comply with each of the following requirements, as deemed applicable by the planning and zoning director:
(a) A pre-application meeting shall be arranged by the applicant with the planning and zoning director to discuss any proposed amendment prior to any application submittal.
(b) A neighborhood meeting shall be coordinated through the planning and zoning director but conducted solely by the applicant with city staff attending for observation and general questions only. This neighborhood meeting shall take place prior to the application being deemed complete.
(c) A narrative of how the proposed amendment is consistent with and conforms to the general plan and with the development plan map of the City of Show Low. Any contemplated uses shall be explained within the narrative, as well as outlining the neighboring land uses adjacent to the property.
(d) The pre- and post-zoning densities for the particular subject property shall also be calculated and included into the narrative.
(e) At least one (1) reasonably detailed and legible map no smaller than eight and one-half (8-1/2) inches by eleven (11) inches showing the particular property or properties that are being petitioned for a change and showing the adjoining properties and the public streets within a radius of three hundred (300) feet from the external boundaries of the proposed zoning map amendment. Indicate the location of buildings and parking areas, and the setback of the existing buildings and parking areas.
(f) A statement revealing any conditions or restrictions of record (if any), such as floodplain, deed restrictions, liens, etc., which would affect the permitted uses of the property if rezoned as requested and the date or dates (if any) of expiration thereof.
(g) Such conceptual plans, photographs, drawings, building elevations, and other supporting documents (if any) as the applicant may desire to present or deemed necessary by the planning and zoning director.
(h) Mandatory applicant attendance: Applicants, or their representative with authority to speak for and bind the applicant, shall be present at all meetings and public hearings required under this section.
(i) Representations of Applicant Binding. All representations by the applicant, or by the applicant’s authorized representative, made in writing, or during any city public meeting or public hearing, or by any submitted plan, plat, drawing or other graphic depiction in support of the application, and designated in the record by the planning and zoning commission and/or city council, shall be deemed to be conditions of approval.
(j) Diminution of fair market value waiver required: An executed, notarized waiver by the owner of the subject property of any and all claims for diminution in fair market value as defined by A.R.S. § 12-1134 arising out of the subject application shall be submitted.
(C) Staff Review. A completed application for an amendment to the text of these regulations or the zoning map shall be submitted to the planning and zoning director at least twenty-five (25) days prior to the public hearing. The required twenty-five (25) day period shall commence once a complete application has been received and deemed complete by the planning and zoning director or designee and shall not include the day of submittal, nor shall it include the day of the meeting. The recommendation shall be submitted to the planning and zoning commission prior to the scheduled public hearing. The recommendation shall set forth whether the amendment or rezoning should be granted, granted with conditions, or denied, and the grounds for any such recommendations as they relate to the standards and purposes of the zoning district classifications set forth in this chapter.
(D) Standards for Reviewing Proposed Amendments. All proposed amendments shall be evaluated to ensure the application is consistent with and conforms to the general plan and any other adopted plans. The proposed change shall not be detrimental to the majority of the persons or property in the surrounding area, nor to the community in general.
(E) Public Hearing. The planning and zoning commission shall at a minimum give notice and shall conduct a public hearing on the application in accordance with the requirements of A.R.S. § 9-462.04 and amendments thereto. Notwithstanding the notice requirements set forth in this section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the action for which the notice was given.
(F) Commission Action. The planning and zoning commission shall review the application and the testimony presented in the public hearing and shall render a decision at the conclusion of or within thirty (30) days after the public hearing in the form of a written recommendation to the city council. The recommendation shall include the standards for review, the commission’s findings of fact and its recommendation. If more information is requested by the commission, the public hearing may be continued one (1) time to a specific date not to exceed thirty (30) days from the originally scheduled public hearing.
(G) Council Action.
(1) Once the commission has held a public hearing, the council may adopt the recommendation of the commission without holding a public hearing if there is no objection, no request for public hearing, or other protest. If requested by any aggrieved party, any member of the public and/or any member of the city council, the council shall give notice and shall conduct a public hearing on the application in accordance with the requirements of A.R.S. § 9-462.04 and amendments thereto. If a public hearing is held by the city council a decision shall be rendered at the conclusion of or within thirty (30) days after the public hearing.
(2) If the owners of twenty (20) percent or more, either of the area of the parcel(s) of land included in the proposed change, or of those immediately adjacent in the rear or any side thereof extending one hundred fifty (150) feet therefrom, or of those directly opposite thereto extending one hundred fifty (150) feet from the street frontage of the opposite parcels of land, file a protest in writing against a proposed amendment, the amendment shall not become effective except by a favorable vote of three-fourths (3/4) of all members of the city council. If any member of the city council is unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths (3/4) of the remaining membership of the council; provided, that such required number of votes shall in no event be less than a majority of the full membership of the legally established governing body.
(3) A decision of the council involving rezoning of land which is not owned by the city and which changes the zoning classification of such land may not be enacted as an emergency measure and such change shall not be effective for at least thirty (30) days after final approval of the change in classification by the council.
(4) The city council may attach conditions to a rezoning request as are necessary to carry out the purposes of the general plan or other adopted plans and ensure compatibility with adjacent land uses. Except as modified by actions of the city council, conditions adopted by ordinance in accordance with prior law shall remain in full force and effect. A violation of any condition shall be considered to be a violation of these regulations. The city council may approve a change of zoning district conditioned upon one (1) or more of the following:
(a) A requirement that development proceed in accordance with a specific area plan, site plan, conceptual plan and/or development schedule.
(b) A requirement of public dedication of rights-of-way as streets, alleys, public ways, drainage and public utilities, and installation of off-site improvements as are reasonably required by or related to the effect of the rezoning.
(H) Reversion. The city council may approve a change of zoning district conditioned upon a schedule for development of the specific use or uses for which rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the legislative body, after notification by certified mail to the owner and applicant who requested the rezoning, shall schedule a public hearing to take administrative action to extend, remove or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.
(I) Reconsideration of Denied Amendments. In the event that a petition for an amendment is denied by the city council, or is withdrawn after the conclusion of the commission hearing, the commission shall not consider the petition or any other petition for the same or substantially the same amendment as it applies to the same property or zoning ordinance text described in the original petition, or any part thereof, within a period of one (1) year from the date of such denial action or withdrawal, unless the conditions upon which the original denial or withdrawal was based have changed. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 2, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-31)
The common council of the City of Show Low may from time to time establish and set by resolution the amount of charges for all planning and zoning applications and statements within the jurisdiction of the City of Show Low. (Ord. No. 214, § 1, 11-28-84. 1976 Code § 15-2-1)
The purpose of this chapter is to detail the requirements under which the planning and zoning director shall evaluate conformity of proposed development with the intent and provisions of this title and all other city ordinances. The provisions of this chapter shall apply to the permitted and conditional uses as specified for each zoning district. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-33(A))
Except as exempted by the provisions of Section 19.15.030, a site plan shall be required prior to the establishment of any building, structure, or use constructed or to be constructed, or change in use on any site in any district within the city. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-33(B))
Developments meeting the following criteria shall be exempt from the requirements to submit a development site plan. All development shall meet requirements contained within the building permit:
(A) Single-family residences and accessory buildings constructed in areas zoned as residential or manufactured home, including previously approved subdivisions.
(B) Modifications to an existing structure or similarity in the change of uses as determined by the director. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-33(C))
A request for site plan review shall be filed with and on a form prescribed by the director. Four (4) identical copies of the plan shall accompany the request for review. Each copy shall be on one (1) or more sheets of paper measuring not less than eleven (11) inches by seventeen (17) inches, drawn to a scale not smaller than forty (40) feet to the inch. Large scale projects shall be submitted on paper measuring not less than twenty-four (24) inches by thirty-six (36) inches.
(A) Location sketch with adjacent zoning and land uses;
(B) Lot dimensions;
(C) Location, size, height, use and exterior materials of both existing and proposed buildings and structures, including distances from all structures to all property boundaries;
(D) Size and dimensions of yards and space between buildings;
(E) Parking and circulation areas;
(F) Location, height, and composition of walls and fences;
(G) The location, dimensions, area, materials and lighting of signs;
(H) Exterior lighting, if any, and the type of lighting, height and areas of illumination;
(I) Percentage of the site covered by impervious surfaces, both existing and proposed;
(J) Percentage of the site covered by any and all structures, both existing and proposed;
(K) Street dedications and improvements;
(L) Right-of-way dimensions of all abutting streets, whether public or private, and access to the site;
(M) Locations, dimensions and description of all existing or proposed easements;
(N) Existing and proposed grades and drainage systems;
(O) The size and location of all existing and proposed public and private utilities;
(P) Natural features, such as mesas, rock outcroppings, or streams and man-made features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered;
(Q) A legal description of the land included in the site plan and of the lot; the name, address and telephone number of the owner, developer and designer;
(R) The future land use designation for the site;
(S) Service areas for uses such as loading areas and refuse disposal;
(T) The location(s) of the nearest fire hydrant(s);
(U) Building drawings, including floor plans and elevations of all principal and accessory buildings, may be provided, if available. Include facade and fascia treatments if applicable;
(V) Abutting land uses;
(W) Landscape Plan. For larger projects, the director may require a separate submittal of this plan drawn to scale, indicating the following information:
(1) All walks or paths, vehicular drives, parking lots, building entrances, free-standing light fixtures, service or loading areas, signs and locations, open spaces, plazas and recreation amenities with general construction materials noted;
(2) All slopes within the site are to be called out (i.e., 2:1, 3:1, 4:1, etc.). Specify if site consists entirely of slopes that are less than 50:1. All depressed and mounded areas shall be identified with general contour lines and/or proposed elevations. Note any area to be used for detention;
(3) A legend shall be included which shows symbols on plan, quantity, type of plant, minimum purchase size and any necessary comments such as ground cover spacing or necessary guying and staking. The legend shall also reflect square footage of each type of ground treatment (i.e., bluegrass, cobble, alternative grass mix, bark chips, etc.);
(X) Parking Plan. A parking plan, drawn to scale, shall be submitted. The director may require a separate submittal for this plan based on the scale of the project, which shall include elements as required by Chapter 19.105;
(Y) Traffic Control Devices and Street Lighting.
(1) If the director determines that a proposed development may significantly impact existing traffic patterns, a traffic study may be required. This study shall be conducted by a registered traffic engineer. The city, at the option of the council, may enter into an agreement with the developer and/or potential third party to provide funds for a proportional share of improvement costs necessary to maintain a satisfactory level of service;
(2) For all public streets adjacent to the site, the developer shall be responsible for providing any additional streetlights required to ensure an adequate level of lighting as determined by city staff;
(Z) Development Schedule.
(1) In conjunction with the submitted site plan and supporting documents, the developer shall submit a development schedule indicating, to the best of the developer’s knowledge, the timeline for all improvements to be in place, including utilities, roadways, drainage and landscaping.
(2) For any development proposed to be constructed in phases, the developer shall submit a master plan for the entire project which must be approved by the director before any phase of the project can be approved or constructed;
(AA) The director may follow Section 19.80.070(D)(16) when, in his/her opinion, project scope and/or size does not merit all of the above requirements;
(BB) Diminution of Fair Market Value Waiver Required. An executed, notarized waiver by the owner of the subject property of any and all claims for diminution in fair market value as defined by A.R.S. § 12-1134 arising out of the subject application shall be submitted. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-33(D))
(A) A pre-application conference with the director is required for all multifamily projects. All commercial and industrial projects consisting of more than three thousand (3,000) square feet also require a pre-application conference. A pre-application conference is suggested for all other projects.
(B) The director shall have fifteen (15) working days from the date of the submission of the plan application to review said plan and approve, conditionally approve, or reject said plan based on its compliance with all provisions of this chapter, all other ordinances, and master plans of the city, and to notify the applicant of his/her decision in writing. If, however, the director wishes to obtain the opinion of the planning and zoning commission, he/she may, at his/her discretion, forward the plan to the commission for action at their next regular meeting and shall notify the applicant of such meeting. In such case, the director must render his/her decision within five (5) days after commission action. In the event of denial, the decision shall set forth in detail the reasons for denial or, in the event of conditional approval, the changes or additions which are necessary to make said plans acceptable.
(C) All copies of the approved plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the director or his/her designee. One (1) copy of said approved plan and conditions shall be provided to the applicant, and one (1) copy shall be retained by the city. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-33(E))
Any applicant for plan approval who is dissatisfied or aggrieved by the decision of the director may appeal such decision in accordance with Chapter 19.135. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-33(F))
(A) Site plan approval automatically becomes void after twelve (12) months from date of approval if a building permit has not been issued.
(B) The director may grant an extension, when justified, of up to a maximum of six (6) months if the applicant files for said extension prior to the approval becoming void. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-33(G))
(A) Prior to the issuance of a building permit, the building official shall ascertain that the director has approved plans which are in conformance to those presented with the building permit application and that the time limitations imposed by this section have not elapsed.
(B) The building official shall ensure that all matters are undertaken according to the conditions of the approved plan. In the event of a violation, the building official or designee shall be authorized to place a stop work notice which shall be in effect until said violation is resolved. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-33(H))
Every zoning district contains certain uses of land which are normal and complementary to permitted uses in the district, but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are potentially incompatible with adjacent activities and uses. It is the intent of this chapter to permit conditional uses if the use can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this chapter to establish principles and procedures essential to proper guidance and control of such uses. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(A))
(A) Zoning district regulations established elsewhere in this chapter specify that certain uses of land may be allowed by the commission as conditional uses in a given district subject to the provisions of this section and the requirements set forth in district regulations. The planning and zoning commission is empowered to grant or to deny applications for conditional use permits and to impose conditions upon them.
(B) Any use, legally established and in compliance with the rules and regulations of the state of Arizona and the City of Show Low, that is existing on the effective date of the ordinance codified in this chapter which is reclassified as a conditional use by this chapter for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this chapter, and its continuance shall not be subject to issuance of a conditional use permit; provided, however, that to the extent that such use fails to conform to the requirements of this chapter, it shall be considered nonconforming as described in Chapter 19.95, and its continuance shall be governed by all nonconforming use regulations applicable thereto.
(C) Every conditional use permit issued shall be applicable only to the specific conditional use and to the specific property for which it is issued and shall run with the property until revoked or until such time as the use is discontinued. The maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this chapter, shall be the responsibility of the property owner. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-32(B))
(A) Authorized Applicant. An applicant for a conditional use permit shall be one (1) of the following:
(1) The owner(s) and/or authorized agent of the property;
(2) Any person with a potential interest in the property, together with the name, address and signature of the owner and/or authorized agent of the property.
(B) Submittal Requirements. Application for a conditional use permit shall be filed with the planning and zoning department on a form provided by the planning and zoning department. The applicant shall provide the planning and zoning director with a detailed site plan with the information requested in Chapter 19.15, and the narrative information as requested on the application form. An applicant shall also furnish the commission any additional information the planning and zoning director may consider relevant.
(C) Mandatory Applicant Attendance. Applicants, or their representative with authority to speak for and bind the applicant, shall be present at all meetings and public hearings required under this section.
(D) Representations of Applicant Binding. All representations by the applicant, or by the applicant’s authorized representative, made in writing, or during any city public meeting or public hearing, or by any submitted plan, plat, drawing or other graphic depiction in support of the application, and designated in the record by the planning and zoning commission and/or city council, shall be deemed to be conditions of approval.
(E) Diminution of Fair Market Value Waiver Required. An executed, notarized waiver by the owner of the subject property of any and all claims for diminution in fair market value as defined by A.R.S. § 12-1134 arising out of the subject application shall be submitted. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(C))
An application for a conditional use permit shall be submitted to the planning and zoning director at least twenty-one (21) days prior to the public meeting. The required twenty-one (21) day period shall commence once a complete application has been received as deemed by the planning and zoning director or designee and shall not include the day of submittal, nor shall it include the day of the meeting. The recommendation shall be submitted to the planning and zoning commission prior to the scheduled public meeting. The recommendation shall set forth whether the conditional use permit should be granted, granted with conditions, denied, or set for a public hearing. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-32(D))
All conditional use permits shall be evaluated for the following standards:
(A) The application shall be consistent with and conform to the general plan and any other adopted plans;
(B) There shall be no significant adverse or intrusive effect upon property within three hundred (300) feet of the external boundaries of the subject property as a result of the proposed use; and
(C) The proposed change would not be detrimental to the public health, safety and general welfare of the persons or property in the surrounding area, nor to the community in general. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(E))
Notice of the nature of the conditional use permit application and the date of the meeting at which it will be considered shall be posted on the property and shall be mailed to the owners of all real property within three hundred (300) feet of the property for which application is made at least ten (10) days prior to the meeting. Notwithstanding the notice requirements set forth in this section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the action for which the notice was given. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(F))
Based on the application, site plan, standards of review, staff’s recommendation and any other presented information the commission has the following options in rendering a decision:
(A) The commission may grant a conditional use permit with conditions the commission deems necessary to secure the intent and purpose of this section and require such guarantees and evidence that such conditions are being, or will be, complied with as the commission may desire.
(B) Deny the conditional use permit. If the commission finds that the application and supporting data do not indicate that all applicable conditions and requirements of this section will be met, it shall deny the permit. Notice of denial, including reasons therefor, shall be mailed to the applicant at the address shown in the application, and the commission shall report its actions to the city council.
(C) At its discretion, set the matter for a public hearing. If the commission does set the matter for public hearing, notice thereof shall be given to the public by publication of a notice in the official newspaper of the city and by posting the property included in the application not less than fifteen (15) days prior to the hearing. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered and a general description of the area affected.
(D) Continue the matter one (1) time to a specific date not to exceed thirty (30) days from the original meeting date. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(G))
(A) Any aggrieved person may file an appeal with the city council regarding any decision of the planning and zoning commission regarding the commission’s action on a conditional use permit by filing a written notice of appeal with the city clerk specifying the request. This appeal shall outline the specific nature of the concern, the impacts on neighboring properties, and the city as a whole, and the individual’s standing as an aggrieved person. If no appeal is filed with the council within seven (7) days after commission action, the action of the commission shall be considered final.
(B) When an appeal is filed with the city clerk, the planning and zoning director shall place the item on the next available regular city council meeting agenda, or, in the alternative, the planning and zoning director may set the matter for public hearing before the council as per the notification requirements outlined in Section 19.20.070(C). Notice shall be given to the planning and zoning commission of such appeal and the commission shall submit a report to the council prior to the hearing setting forth the reasons for its action taken. The commission shall be represented at the hearing by the commission chairman or his designee.
(C) Council Action.
(1) May grant or deny it; the council may elect to set the matter for a public hearing, and the latter action shall require notification as outlined in Section 19.20.070(C).
(2) The council shall, within fifteen (15) days of the public hearing, either uphold the decision of the planning and zoning commission or make a decision of its own. The council is not bound by the record of the commission’s findings and/or decision in reaching its decision.
(3) The council may grant a conditional use permit with conditions the council deems necessary to secure the intent and purpose of this section and require such guarantees and evidence that such conditions are being, or will be, complied with as the council may desire.
(4) The council’s decision shall be final and shall become effective immediately. Notice of the decision shall forthwith be mailed to the applicant at the address shown in the application. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-32(H))
(A) Conditional use permits become effective seven (7) days after approval by the planning and zoning commission, but in the event an appeal is filed, said permit shall not become effective until a decision upholding granting of the permit is arrived at by the council.
(B) The construction of any improvements allowed by a conditional use permit shall commence within twelve (12) months or as otherwise stipulated by the commission and must be completed within eighteen (18) months or as otherwise stipulated by the commission in accordance with the development plan, unless extended by the planning and zoning commission, otherwise the conditional use permit shall become null and void.
(C) The commission may establish a time limitation for specific conditional use permits and prior to the termination of this time limit, the commission may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated.
(D) A conditional use permit shall not be effective until the conditions of the permit are fulfilled unless specific clarifications on the conditional use permit as to timing of compliance are present.
(E) If a time limit is not established by the commission, and the conditional use is discontinued for more than twelve (12) months, a new conditional use permit shall be required.
(F) An applicant may submit a master plan of a proposed development which requires a conditional use permit and have the development approved by the commission. No further conditional use permit process will be necessary to implement this plan as long as it is in substantial compliance with the master plan and is completed within the time period established by the commission.
(G) No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1) year from the date of denial or revocation of said use permit. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(I))
(A) Use permits granted in accordance with the provisions of this chapter may be revoked if any of the conditions or terms of the permit are violated or if any law or division is violated in connection therewith. The planning and zoning director shall notify the permittee of a violation of a conditional use permit. If the violation is not remedied or the remedy is not substantially begun in the opinion of the planning and zoning director, the permittee shall be served with a notice that the planning and zoning commission will consider revocation of the conditional use permit at a commission meeting specified in the notice. This commission meeting shall not be held less than ten (10) days after the notice is mailed by certified mail or by personal delivery. If the commission decides to revoke the permit, the property owner shall cease the use for which the conditional use permit was issued.
(B) Failure to comply with the conditional use permit or the standards of this chapter may result in a complaint being filed in the magistrate court as per Section 19.10.080. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(J))
Except as hereinafter provided, no building, structure, or premises shall be used and no building or structure or part thereof shall be constructed, altered, repaired, improved, moved, removed, erected, demolished, or materially altered except in conformity with these provisions and the provisions of the zone in which it is located. Any use that is not specifically allowed is prohibited. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(A))
(A) Permitted Uses. Those uses listed as permitted uses may be established within any zone district in which they are listed, subject to the specific requirements of this title. All other uses shall be prohibited except as otherwise provided in this title. Because no list of uses can be complete, decisions on specific uses not identified as permitted or conditional uses herein will be made by the planning and zoning director.
(B) Conditional Uses. Those uses listed as conditional uses shall require a conditional use permit in order to be established within the zone district in which they are listed, and shall be subject to all conditions imposed by the planning and zoning commission in connection with the conditional use permit. Because no list of uses can be complete, decisions on specific uses not identified as permitted or conditional uses herein will be made by the planning and zoning director.
(C) Accessory Uses. A use which is incidental, related, appropriate, and clearly subordinate to the principal use of the lot or building, and which does not alter the principal use of the lot or building, may be established within any given zone district after the issuance of a building permit for the principal use. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(B))
A permit may be issued for an accessory building and/or expansion of a permitted building on any lot which existed on the property prior to September 1, 1987, and which does not conform to the street access requirements in Section 19.25.050 if the property is otherwise in conformance with this and all other applicable codes. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(C))
No lot may be divided to create any lot that does not conform with these regulations or the subdivision regulations of the city. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(D))
(A) A development permit for a building, structure or use located on an undeveloped lot shall be issued only if the lot abuts a street. A development permit for a building or structure located on a residentially zoned lot that does not abut a street may be issued, provided the following conditions are met:
(1) The lot legally existed, or is restored to substantially the same condition to which it legally existed, prior to September 1, 1987.
(2) Access from a street over intervening lot(s) is provided by an access way having a minimum unobstructed width of twenty (20) feet, and the applicant has submitted evidence satisfactory to the planning and zoning director that the access way has been legally created in a manner which imposes upon the applicant and any intervening lot owners subject to the access way the obligation to keep open and maintain the access way. If documentation of the existence of the access way does not impose the responsibility for maintenance and a duty to keep the access way open upon the applicant and other affected owners, then the applicant shall record an acknowledgment in a form acceptable to the planning and zoning director that the city will not maintain the access way and that emergency service vehicles may not always be able to access the applicant’s lot.
(3) The applicant shall provide for future street access to the lot. If future street access to the lot is shown on the Show Low Master Street Plan, the applicant shall dedicate to the city sufficient land to create a street having a half right-of-way of twenty-five (25) feet on either side of the proposed street centerline. If future street access to the lot is not shown on the Master Street Plan, the applicant may be required to dedicate to the city sufficient land to create a street having a half right-of-way of twenty-five (25) feet on either side of the proposed street centerline to be determined by the city engineer. The applicant’s obligation to dedicate land for future street access is limited to land owned by the applicant. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(E))
(A) Application. No building shall be erected, nor shall any existing buildings 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 hereinafter designated for the zone in which such building or open space is located, except as otherwise specifically provided.
(B) Yards. Except as provided herein, 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. No yard or other open space provided about any building for the purpose of complying with the provisions of these restrictions shall be considered as a yard or open space for any other building; and no yard or other open space on one (1) lot shall be considered as a yard or open space for a building on any other lot.
(C) 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 (5) feet over any required yard; provided, that they shall be no closer than three (3) feet from any lot line.
(2) Architectural details such as cornices, sills, leaders, belt courses, cantilevered bay windows, fire boxes, similar ornamental features, and eaves may project not more than two (2) feet over any required yard; provided, that they shall be no closer than two (2) feet from any lot line.
(D) Patios and Steps. Unroofed terraces, decks, patios, steps or similar features not over thirty (30) inches in height above grade may project into a required side or rear yard; provided, that they shall be no closer than two (2) feet from any lot line. Encroachment into a required street yard setback may be permitted up to ten (10) feet or fifty (50) percent of required street yard setback, whichever is less.
(E) Accessory Buildings (Attached). A private automobile garage, carport or accessory building having any part of a wall in common with a dwelling shall be considered an integral part of the main building in determining yard, lot, and area requirements.
(F) Accessory Buildings (Detached) Including Garages and Carports. Any detached accessory building, garage or carport located in any zone shall not be located in the required street side setback. Allowed heights and setbacks are as follows:
(1) Detached accessory buildings located five (5) feet from any side or rear property line and meeting street side setbacks shall be limited to a maximum of fifteen (15) feet in height, or the height of the main structure, whichever is less.
(2) Detached accessory buildings shall be located a minimum of five (5) feet from any structure (measured from structure wall to structure wall).
(3) Detached accessory buildings may exceed fifteen (15) feet in height, provided they do not exceed the height of the main structure. Detached accessory buildings shall meet street side setbacks. Side and rear setbacks shall be equal to or greater than the height of the accessory building. Any encroachment into these permitted side and rear setbacks shall require a conditional use permit.
(4) Detached accessory buildings may exceed the height of the primary building but not exceed the maximum building height for that zone, provided they are located on a lot a half-acre in size or greater. Detached accessory buildings shall meet street side setbacks. Side and rear setbacks shall be equal to or greater than the height of the accessory building. Any encroachment into these permitted side and rear setbacks shall require a conditional use permit.
(5) Portable parking structures shall require the issuance of a City of Show Low building permit. No encroachment shall be permitted into any required yard setbacks.
(G) Temporary Accessory Structures. Including any detached portable shelter or temporary parking structure shall be permitted; provided, that required yard setbacks are met, as well as the following additional requirements:
(1) Temporary parking structures (without footings) shall not be permitted within a required front yard setback and shall be permitted after city staff approval of a site plan indicating proposed location (no building permit required); or
(2) Portable shelters may be located within a required front yard setback and shall be permitted for a period not exceeding seven (7) consecutive days. Extended periods of time may be permitted after city staff approval of a site plan indicating proposed location (no building permit required).
(H) Sea Containers (Utilized as Storage Units).
(1) Are permitted for temporary and permanent storage purposes in the I-1 and I-2 zoning districts, provided they are not placed within any required yard setbacks.
(2) Are permitted in any zoning district for a period of up to twelve (12) months for temporary storage in conjunction with a valid building permit. Sea containers placed prior to or without a valid building permit may be subject to enforcement, regardless of whether a building permit is issued after placement. May be approved as an accessory use for permanent storage purposes in commercial zoning districts through a conditional use permit. Placement in these districts requires a minimum one hundred (100) foot setback from any public right-of-way, and satisfactory screening.
(3) Are not permitted in any residential district except for a time period of up to twelve (12) months in conjunction with a valid building permit.
(I) Truck Bodies/Trailers (Utilized as Temporary Units). May be used for temporary purposes in any zoning district in conjunction with a valid building permit issued by the City of Show Low. In this instance placement shall be restricted to no longer than one (1) year, or the issuance of a temporary certificate of occupancy.
(J) Solar Units. Solar heating and solar cooling units, solar greenhouses and associated apparatus may, notwithstanding any other provisions of this title, be located in a rear or side yard; provided, that such apparatus does not cover more than thirty (30) percent of that side or rear yard and shall be no closer than two (2) feet to any lot line.
(K) Service Station Pumps. No automobile service station pump shall be located closer than twelve (12) feet to a street property line.
(L) Satellite Dishes. Satellite dishes over thirty (30) inches in diameter shall conform to the detached building setback requirements of the zone in which the satellite dish is located. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(F))
(A) 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.
(B) Exceptions. Height regulations established elsewhere in this title shall not apply:
(1) In any district, to church spires, belfries, cupolas and domes not for human occupancy; monuments; water towers; provided, that such structure 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.
(2) In any district, to radio antennas, television antennas and flagpoles, provided they are designed and installed according to the International Building Code requirements, and any other relevant regulations. Noncommercial radio or television antennas and flagpoles shall not exceed fifty (50) feet in commercial, industrial, and residential districts. Flagpoles over fifty (50) feet in commercial and industrial districts shall require a conditional use permit. Flagpole height shall be measured either from the ground directly adjacent to the flagpole base, or from the crown of the adjacent street, whichever is greater.
(3) In industrial districts, to chimneys, smokestacks, derricks, conveyors, grain elevators, or similar structures wherein the industrial process involved customarily requires a height greater than otherwise permitted; provided, that such structure 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. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(G))
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 (25) feet from their intersection, all fixtures, walls, fences, construction, hedges, shrubbery and other planting shall be limited to a height not over three (3) feet above the elevation of the street line level at the same intersecting streets except a reasonable number of trees pruned high enough to permit unobstructed vision to vehicular traffic. Within the said triangle, and in cases where front yards are terraced, the ground elevation of such front yards shall not exceed three (3) feet above the established street line elevation at the said intersecting streets.

(Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(H))
(A) Height. No solid, view-obscuring wall, fence or hedge over three (3) feet high and no chainlink or wire fence or similar open, non-view-obscuring fence over four (4) feet high shall be constructed or maintained nearer to the street line than the required front or street side building setback line, nor be more than six (6) feet in height in any rear or side yards. Height shall be measured from the crown of the adjacent road or the vertical distance from the natural grade of the property where the fence is located, whichever is greater. Fences may be built above these heights in the following situations:
(1) Around schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof;
(2) Within industrial zoning districts;
(3) When the planning and zoning commission and/or city council requires, as a condition of a conditional use permit or subdivision, a fence of greater height in order to provide adequate screening;
(4) Double fronting lots (excluding corner lots):
(a) A fence up to six (6) feet in height may be erected in the property’s rear yard as determined by the planning and zoning director; and
(b) The fence’s material, height, color and location in this circumstance must be approved by the planning and zoning director; or
(5) In commercial and industrially zoned property, fences may be constructed up to eight (8) feet in height. Barbed and razor wire is permitted only above the six (6) foot height limitation through a conditional use permit in any commercial or industrial zones.
(B) In any zoning district, barbed wire is permitted for the fencing of livestock.
(C) Materials and Design. Fences and walls in all zoning districts shall be constructed of conventional fencing material and maintained and kept in good repair. The planning and zoning director may permit any material as “conventional” upon a review of the product’s material and design.
(D) Swimming Pools and Other Bodies of Water.
(1) In all zoning districts, a swimming pool shall not be located in the required front yard, required landscaped areas or closer than five (5) feet from the water’s edge to any property line.
(2) All swimming pools shall be completely enclosed by a wall or fence not more than six (6) feet nor less than five (5) feet in height. Gates less than four (4) feet wide leading from the pool enclosure shall be self-closing and self-latching and shall be kept fully operational at all times. Gates four (4) feet wide or wider shall be kept locked at all times.
(3) In all residential districts, contained bodies of water, either above or below ground level, with the container being eighteen (18) or more inches in depth and/or wider than eight (8) feet at any point, measured perpendicular to the long axis, shall conform to the location and fencing requirements for swimming pools. Irrigation and storm water retention facilities, and the water features in public parks and golf courses, are exempt from the fencing requirements of this section.
(E) Storage Facilities. Where “storage facilities” are to be enclosed by a masonry wall or solid fence as required elsewhere in this title, such enclosure shall be considered adequate when constructed of masonry without aperture, excluding required gates, wood fence with no aperture, vinyl fencing with no aperture, or other material approved by the planning and zoning director. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(I))
(A) Prohibited Dumping. The use of land for the dumping or disposal of scrap iron, junk, garbage, rubbish, refuse, slag, petroleum products or industrial wastes or by-products and any other solid waste shall be prohibited in every district except as otherwise provided in this title. Disposal of household ashes shall be carried out in a manner so as not to constitute a hazard or nuisance. Ashes shall not be dumped on any public property or right-of-way.
(B) Clearing, Grubbing, or Grading. No clearing, grubbing, or grading shall take place without a valid building permit issued by the city. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(J))
With the exception of automobiles, trailers, motorcycles, manufactured homes, boats, motor homes, growing plants, nursery stock, Christmas trees, and service stations displaying new automotive and related items, outdoor storage shall not be allowed in a lot’s required front yard setback. All outdoor storage shall be screened by a six (6) foot-high solid masonry fence, or a fence or screening of a height and material as allowed or required by the planning and zoning commission. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(K))
(A) Storage. The owners and tenants of residentially zoned property may store, park or locate personal recreational vehicles such as but not limited to boat trailers, utility trailers, travel trailers or motor homes, provided they do not obstruct the view of oncoming traffic from vehicles entering a street at intersections and driveway entrances. Such recreational vehicles may not be rented or otherwise used for income purposes. Campers, motor homes, and travel trailers in conjunction with a residence may be inhabited for no more than fourteen (14) consecutive days, and no more than thirty (30) days in any one (1) calendar year. Inhabitation for this purpose may be defined as including, but not be limited to, connection to external fuel tanks or natural gas, skirting, or connection to water, sewer or natural gas exceeding thirty (30) days.
(B) Construction Office or Security Personnel Housing. A manufactured home or trailer may be allowed in any zone to conduct business or provide housing for security personnel, during the construction of a permanent building when a valid building permit is in effect. Such manufactured home or trailer shall be removed immediately after completion or stoppage of construction of the building. Such use shall be permitted for not more than one (1) year. Any extension beyond the initial one (1) year shall be by conditional use permit only.
(C) Maximum Vehicle Size. No vehicle having more than six (6) wheels may be parked or stored in a residentially zoned district except for deliveries or specific service calls, or personal recreational vehicles. Construction equipment and vehicles not customary to residential use are not allowed at nonconstruction sites in residentially zoned areas. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(L))
(A) A home occupation is any activity carried out for gain by a resident, conducted as an accessory use in the resident’s dwelling unit. Home occupations shall be permitted in any residential zone upon the issuance of a home occupation permit and a business license from the City of Show Low subject to the following requirements:
(1) The use of the dwelling for a home occupation shall not destroy or be incompatible with the residential character of the dwelling or the neighborhood.
(2) The home occupation shall be conducted only inside the dwelling or inside an accessory building or garage.
(3) No more than twenty-five (25) percent of the total floor area of the dwelling or garage shall be used for the home occupation. The total percentage of dedicated floor area may be increased through the approval of a conditional use permit.
(4) Stock, goods, and/or materials displayed or sold at the location of the home occupation shall not be visible from the boundaries of the property.
(5) No outdoor display or storage of materials, goods, supplies, or equipment shall be permitted in connection with a home occupation.
(6) Only one (1) sign, not to exceed eight and one-half (8-1/2) inches by eleven (11) inches, may be used to identify a home occupation. Said sign shall be placed within a window or flat against the wall of the residence to which the sign refers. There shall be no other advertising, display, or other evidence of a home occupation on the premises.
(7) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances where no home occupation exists. The business shall only be conducted by a resident or residents of the dwelling.
(8) A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located. Generally, no more than two (2) business visitors an hour or eight (8) a day, and no more than two (2) deliveries of products or materials per day, or ten (10) per week, excluding postal deliveries, are permitted. No semi-trailer deliveries are allowed.
(9) No business shall be conducted which requires delivery vehicles or other services not customary to a residence. Customary delivery vehicles include USPS, UPS, FedEx, DHL, and similar delivery vehicles.
(10) No on-street parking of business-related vehicles shall be permitted at any time.
(11) No parking spaces, other than driveways, may be located in the required front yard setback. Additional parking not customary to a residence is prohibited.
(12) Only refuse enclosures customary to a residence shall be permitted in conjunction with a home occupation. Refuse enclosures not emptied as part of a regularly scheduled residential refuse service shall be prohibited.
(13) All activities involving outside business visitors, clients, or deliveries shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(14) A home occupation permit is owner-specific and nontransferable. Any change in the nature of the home occupation, ownership or address will result in automatic termination of the permit. A new home occupation permit and business license will be required.
(15) No more than one (1) home occupation permitted per property or household.
(B) Because no list of uses can be complete, decisions on specific uses not included as examples on the following list of permitted uses will be made by the planning and zoning director.
The following uses are examples of allowable home occupations:
Accountant;
Arts and crafts;
Attorney;
Alterations;
Artists and sculptors;
Contractor offices (i.e., painting, cleaning, yard maintenance, building) but not including outside storage of equipment, materials or vehicles;
Counselors, psychological therapists, etc.;
Home marketing (e.g., Amway, Mary Kay, Tupperware, etc.) and mail order marketing of items;
Home office uses including financial services, architectural/drafting/engineering services, data/word processing, billing services and similar uses;
In-home childcare, but not more than five (5) children at a time, including the caregiver’s own preschool-aged children;
Licensed massage therapists;
Insurance agents;
Musical instruction;
Noninvasive medical practices such as cranial sacral therapy and acupuncture;
Tutoring of all types, but limited to four (4) pupils at one (1) time;
Other similar uses as approved by the planning director.
(C) The following uses are examples of home occupations which are not allowed:
Animal grooming, kennels;
Antique sales;
Barber and beauty shops;
Catering establishments (i.e., businesses providing contract services consisting of food and banquet preparations prepared internally, requiring a commercial kitchen and delivered to customers off the premises);
Commercial greenhouses or nurseries;
Invasive medical/dental procedures;
Microschools exceeding tutoring allowances outlined above;
Tanning salons;
Vehicle repair/mechanic’s garages and automobile detailing. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(M))
See Title 5, Animals. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(N))
Temporary uses are those uses that occur for a specified time period from either a temporary structure or temporary location, e.g., carnivals, circuses, rodeos, swap meets, special events and similar activities.
(A) A temporary use permit shall be obtained from the planning and zoning director in accordance with the following:
(1) The planning and zoning director shall obtain the approval of the fire department and police department to ensure that land area is adequate for the proposed use and related parking and to ensure that traffic safety is considered.
(2) Approval of the Navajo County health department may be required when food sales are involved.
(3) The planning and zoning director shall require any measures necessary to protect surrounding property and may deny the temporary use if found to be detrimental to the public health, safety, peace, convenience, comfort and general welfare of persons residing or working in the neighborhood of such proposed temporary use.
(4) The planning and zoning director shall ensure that adequate sanitary facilities are available.
(5) The planning and zoning director shall ensure that written authorization of the property owner has been obtained for the proposed temporary use.
(B) Upon filing an application for a temporary use, the applicant shall pay a filing fee in an amount established and adopted by resolution of the council and filed in the office of the city clerk. No part of the filing fee shall be refunded. Payment of filing fee shall be waived when the applicant is the city, county, state, federal government or a nonprofit organization. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(O))
Garage sales are permitted without special permit provided they meet the following standards:
(A) Sales last no longer than three (3) days.
(B) Sales are held no more than three (3) times yearly.
(C) Sales are conducted on the owner’s property. Multiple-family sales are permitted if they are held on the property of one (1) of the participants.
(D) No goods purchased for resale may be offered for sale.
(E) No consignment goods may be offered for sale.
(F) All directional and advertising signs shall be freestanding and removed after completion of the sale.
(G) All directional and advertising signs placed on private property shall have the owner’s permission. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(P))
(A) A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-family dwellings, multiple-family dwellings of less than four (4) units, and manufactured homes in every zoning district, or where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall comply with the following regulations:
(1) Construction. Trash enclosures shall be so constructed that contents are not visible from a height of five (5) feet above grade from the public right-of-way or any abutting street or property, and shall be constructed of a sight-obscuring material acceptable to the planning and zoning director, with solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be of sufficient height to conceal contents including containers, but in no case shall be less than four (4) feet in height above grade. Gates shall be solid or baffled, equal in height to the enclosure and equipped with latches to ensure closure when not in use.
(2) Location. Trash enclosures shall not be located in any required front or side yard without the approval of the planning and zoning director.
(B) Recycling drop-off containers in accordance with the following:
(1) Shall be allowed only in manufactured home parks, R.V. parks, commercial or industrial areas in conjunction with an existing business.
(2) Shall not occupy an area of more than one hundred (100) square feet and shall not interfere with parking and maneuvering requirements of the principal use.
(3) Shall be set back at least ten (10) feet from any property line and shall not obstruct pedestrian or vehicular circulation.
(4) Shall be constructed and maintained of durable materials and be maintained in a clean, litter-free condition on a daily basis. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(Q))
See Title 14. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(R))
Any permitted or conditional use must conform to the following performance standards. In conjunction with the plan review and development review processes, the developer-applicant shall provide to the planning and zoning director information that is sufficient to show that the proposed use and the manner of its conduct will meet these performance standards.
(A) Noise.
(1) Unless otherwise defined herein, all terminology shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
(2) Instrumentation used in making sound level measurements shall be a sound level meter with an A-weighting scale, associated octave band filters, and windscreen for outdoor use. The instrument shall be manufactured in accordance with ANSI standards. Measurement shall be made using a flat network of the sound level meter.
(3) Maximum Permissible Sound Levels by Receiving Land Use.
(a) The noise standards for the various categories of land use as presented in Table I and set forth in terms defined shall, unless otherwise specifically indicated, apply to each property or portion of property substantially used for a particular type of land use reasonably similar to the land use types shown in Table I. Where two (2) or more dissimilar land uses occur on a single property the more restrictive noise limits shall apply.
(b) Where doubt exists when making identification of receiving land use, the planning and zoning director may make an interpretation.
(c) No person shall operate or cause to be operated any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level to exceed the environmental and/or nuisance interpretation of the applicable limits given for the receiving land use category in Table I.
(d) Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected.
(4) Corrections to Exterior Noise Level Limits.
(a) If the noise is continuous, the equivalent continuous noise level (Leq) for any hour will be represented by any lesser time period within the hour. Noise measurements of a few minutes only will thus suffice to define the noise level.
(b) If the noise is intermittent, the Leq for any hour may be represented by a time period typical of the operating cycle. Measurement should be made of a representative number of noisy/quiet periods. A measurement period of not less than fifteen (15) minutes is, however, strongly recommended when dealing with intermittent noise.
(c) If the measured ambient level exceeds that permissible in Table I, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating.
I. Exterior Noise Limits
Noise Level (dBA) | ||
|---|---|---|
Receiving Land Use Category | 10:00 p.m. to 7:00 a.m. | 7:00 a.m. to 10:00 p.m. |
Residential | 62 | 70 |
Commercial | 65 | 72 |
Industrial | 70 | 85 |
(5) Noise Level Adjustments.
The maximum permissible daytime noise levels listed are subject to the following adjustments for duration:
Noise has an “on time” of no more than: | And p.m. “off time”* between successive “on times” of at least: | |
|---|---|---|
0.5 minutes | 1/2 hour | ) |
5.0 minutes | 1 hour | ) Add 7 dBA ) to permitted level |
10.0 minutes | 1 hour | ) ) |
20.0 minutes | 4 hours | ) |
*“Off time” is when the level of the primary noise being measured does not exceed that of the background noise in any octave band.
Notwithstanding the above regulations, any noise which is considered offensive to a reasonable person may be determined to be in violation of these regulations.
(6) Exemptions. The following activities or sources are exempt from these noise standards:
(a) Activities covered by the following: emergency signaling devices, air conditioning and air handling equipment for residential purposes, refuse collection vehicles.
(b) The unamplified human voice.
(c) Aircraft operations.
(d) Construction or routine maintenance of public service utilities.
(e) House of worship bells or chimes.
(f) The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
(g) Special events which are conducted pursuant to a temporary use permit issued by the city in accordance with Section 16.05.050; provided, that all terms and conditions of the temporary use permit are complied with, including, but not limited to, terms and conditions relating to noise restrictions.
(7) Preexisting Uses Not in Conformance. Where an industry or commercial business has established its use away from other incompatible uses and subsequently, through the encroachment of development, now finds itself adjoining a receiving land category which would require a reduction in noise generation, said industry or commercial business shall not emit a noise which exceeds the maximum noise limitations for the receiving land use category by more than ten (10) decibels.
(B) Smoke. No emission of smoke from any source shall be permitted to exceed a greater density than that density described as No. 1 of the Ringelmann chart. However, smoke may be emitted, which is equal to but not darker than No. 2 on the Ringelmann chart, for not more than four (4) minutes in any thirty (30) minute period. For the purpose of grading the density of smoke, the Ringelmann chart, as published by the U.S. Bureau of Mines, shall be the standard.
(C) Glare or Heat. Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard along lot lines.
(D) Vibration. No vibration shall be permitted which is generally and readily discernible beyond the lot line to a reasonable person for three (3) minutes or longer duration in any one (1) hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or for thirty (30) seconds or longer duration in any one (1) hour during the hours of 7:00 p.m. to 7:00 a.m.
(E) Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause damage to health, to animals, or vegetation, or other forms of property, or which can cause any excessive soiling.
(F) Liquids and Solid Waste. No wastes shall be discharged in the public sewage system that endanger the normal operation of the public sewage system.
(G) Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive or in such a manner as to create a nuisance or hazard beyond the property lines. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(S))
(A) Location. Campgrounds shall be allowed only in zones that specifically permit or conditionally permit such use.
(B) Staff Review. Campgrounds shall require approval by the staff in accordance with the provisions of Chapter 19.15 and Section 19.25.220. Staff shall ensure adequate provision of streets, driveways, walkways, proper layout of campground, proper sanitary facilities, adequate fire protection, adequate protection of surrounding properties, adequate water supply and compliance with the provisions of this title and all other ordinances and codes of the City of Show Low.
(C) Improvements. No permanent structures shall be permitted on any campground site.
(D) Site Specifications.
(1) Sites must be clearly defined, well drained, and reasonably level.
(2) Each tent site must be no less than nine hundred (900) square feet in area.
(3) All other sites must be no less than one thousand two hundred (1,200) square feet in area, and shall be designed to allow a minimum of fifteen (15) feet between adjoining recreational vehicles.
(4) All campground sites shall maintain minimum frontages of twenty-five (25) feet.
(5) Fire ring design, location and placement/installation shall be approved by the Show Low fire district.
(E) Office and Registration Facilities. Each campground must provide an adequate and easily identifiable office or registration area. Registration facilities must be located so as not to interfere with the normal flow of traffic in and out of the campground.
(F) Maintenance. Campgrounds must be well maintained in all areas. This includes the grounds, restroom facilities, buildings and any recreational space and equipment. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(T))
(A) Location. Recreational vehicle parks shall be allowed only in zones that specifically permit or conditionally permit such use.
(B) Staff Review. Recreational vehicle parks shall require approval by the staff in accordance with the provisions of Chapter 19.15 and Section 19.25.220. Staff shall ensure adequate provision of streets, driveways, walkways, proper layout of recreational vehicle park, proper sanitary facilities, adequate fire protection, adequate protection of surrounding properties, adequate water supply and compliance with the provisions of this title and all other ordinances and codes of the City of Show Low.
(C) Time Limit. Recreational vehicle park placements may be permanent; provided, that all placements comply with this title and applicable building codes as adopted by the City of Show Low.
(D) Improvements. No structures shall be permitted in any required separation distance as required by this section.
(E) Site Specifications.
(1) Sites must be clearly defined, well drained, and reasonably level.
(2) Each recreational vehicle site must be no less than one thousand four hundred (1,400) square feet in area.
(3) All recreational vehicle placements (as well as any permanent additions or accessory structures) shall be required to maintain minimum separation distances:
(a) A minimum of ten (10) feet between any permanent placements or accessory structures;
(b) A minimum of ten (10) feet from any private roadway; and
(c) A minimum of twenty (20) feet from any public right-of-way.
(4) Fire ring design, location, and placement/installation shall be approved by the Show Low fire district.
(F) Recreational Space Requirements. Recreational vehicle parks shall be required to provide recreational space per Section 19.55.040(K).
(G) Office and Registration Facilities. Each recreational vehicle park must provide an adequate and easily identifiable office or registration area. Registration facilities must be located so as not to interfere with the normal flow of traffic in and out of the park.
(H) Maintenance. Recreational vehicle parks must be well maintained in all areas. This includes the grounds, restroom facilities, buildings and any recreational space and equipment. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(U))
(A) Purpose. Trees are recognized as providing very tangible benefits that promote the health, safety, and general welfare to residents of Show Low. Trees are a particularly valuable resource in retaining the attractiveness of Show Low’s commercial corridors, thereby increasing and enhancing the economic development and quality of life in these areas. Healthy trees serve as a natural buffer zone between traffic generated by these businesses and the streets that serve them. In addition, trees help enhance the visual and aesthetic qualities that attract visitors and businesses to these commercial corridors, as well as the entire city. Healthy trees reduce air and noise pollution, enhance aesthetics and property values, and are an important contributor to Show Low’s image, pride, and quality of life. It is the intent of this chapter to prevent the unnecessary removal of trees while allowing for a collaborative process between the city and developer which can take into account flexibility and interpretations of existing code requirements, i.e., parking, landscaping, setbacks, etc. It is not to be interpreted as an expansion of landscaping requirements.
(B) Definitions.
Diameter at breast height (DBH): The diameter of the tree’s trunk, measured four (4) feet, six (6) inches from the base of the tree.
Remove or removal: The actual extraction of a tree, except for transplanting to a location on the same lot or parcel, by digging up, cutting down, or the effective destruction through damage.
Tree(s): Any self-supporting, woody plant of a species which normally grows at maturity to an overall height of a minimum of ten (10) feet, and is six (6) inches or greater in diameter at a height of four (4) feet, six (6) inches from the ground.
Visual corridor: The visual attributes, both natural and built, as seen by an individual at a given location.
(C) Applicability. Except for forest health activities, no person, entity, or corporation or any subsequent successors to said lot or parcel shall remove or cause to be removed or intentionally destroy any trees of six (6) inches in diameter or greater, measured at diameter at breast height (DBH), from a developed or undeveloped lot or parcel zoned R2-7, commercial or industrial without first obtaining approval from the planning and zoning department, except when necessary for the construction of streets, driveways, utility lines, and structures approved in a previously obtained building permit. Forest health activities include removal of dead, diseased, or dying vegetation, removal of trees in accordance with approved forest health grants, removal of trees in accordance with nationally recognized thinning standards, or removal of trees in accordance with fire marshal requirements. Any forest health activities shall be approved by city staff prior to commencement of removal activities. For any existing lot or parcel or once a site plan has been approved on a developed or undeveloped lot or parcel, any subsequent modifications shall require similar approval. Any decision is binding on the property.
Requests for tree removal may be filed independently or in conjunction with the plan review process for a development. The tree removal plan shall be reviewed by the property owner or designee and the planning and zoning director. In the event the joint committee cannot agree upon the proposed tree removal plan, a mutually agreed upon third party shall be called upon to assist the other parties in developing a satisfactory solution. Upon receipt of a request for tree removal, the joint committee shall consider such request within three (3) working days. If the joint committee is satisfied that the applicant’s proposal is not detrimental to the subject lot or parcel or adjacent parcel(s), then approval shall be granted. The applicant shall begin to remove the trees cut down from the subject property within fifteen (15) days and shall complete the tree removal process within thirty (30) days.
The joint committee shall consider the following in addition to the application submittal requirement:
(1) Whether the tree(s) is located in an area where a structure or improvements will occur or prevention of removal would restrict economic enjoyment of the property. The siting of a proposed development should be situated so as to avoid mass removal or clearing of trees and, where possible, take advantage of natural tree stands to the best extent possible.
(2) The tree(s) is diseased, injured, in danger of falling too close to existing or proposed structures, interferes with the growth of other trees, creates unsafe line-of-sight clearances, or conflicts with other ordinances or regulations.
(3) Proposal, if any, of new tree plantings or other landscaping plans.
(D) Application Submittal. Applications shall be submitted to the planning and zoning director by the property owner or designee prior to the removal of any trees. The applicant shall provide:
(1) Name and address of owner and property location.
(2) A diagram or site plan generally identifying the number, location, diameter, and species of tree(s) proposed for removal. In addition, the relationship between location of existing and/or proposed buildings and property lines in relation to the tree(s) proposed for removal.
(3) A statement as to the reason for the request.
(4) No fee shall be charged.
(E) Appeals. Any party who is dissatisfied or aggrieved by the decision of the joint committee may appeal such decision to the city council at their next scheduled meeting. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(V))
(A) A guest unit may be utilized in conjunction with a single-family residence as a permitted use within any residential zoning district subject to the following:
(1) The guest unit shall be constructed as part of the principal residence and shall not alter the character of the primary dwelling unit or adversely affect other properties within the district.
(2) The guest unit shall be limited to a maximum of twenty-five (25) percent of the gross floor area of the principal residence or nine hundred fifty (950) square feet, whichever is greater.
(3) Both the principal and the guest unit shall be served by common single electric and water meters.
(4) Both the principal residence and the guest unit shall be served by a shared driveway.
(5) A maximum of one (1) guest unit per lot is allowed.
(6) The guest unit shall conform to all development standards of the zoning district in which it exists, including primary residence setbacks.
(7) The guest unit shall only be occupied if the owner of the principal unit resides on site.
(B) Attached and detached guest houses shall require a conditional use permit in all residential zoning districts. A maximum of one (1) dwelling unit per property may be utilized for income purposes. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(W))
(A) Murals shall be permitted in all commercial and industrial zoning districts through a conditional use permit. Murals are permitted on the nonprimary facade of a building. A primary facade is defined (for purposes of this section) as the building elevation that faces the adjacent street right-of-way from which the building is addressed.
(1) Mural Types. Murals which are historic or cultural in nature are encouraged. Murals meeting the following description are not permitted:
(a) Murals or other representations which imitate or appear to imitate any official traffic sign or device that appears to regulate or direct the movement of traffic or that interferes with the proper operation of any traffic sign or signal, or that obstructs or physically interferes with a motor vehicle operator’s view of approaching, merging, or intersecting traffic.
(b) Murals with moving parts, including solar-, wind-, or water-driven devices.
(c) Murals affixed, applied, or mounted above, upon, or suspended from any part of the roof of a structure.
(d) Murals that project from the wall surface, other than the minimum necessary protrusion to mount the mural to the wall or structure.
(e) Murals containing any depiction of activity of drug use, gang affiliation symbols, or any other depiction of activities prohibited by federal, state, or local requirements.
(f) Murals containing obscene content. For purposes of this section, any material is obscene if applying contemporary community standards:
(i) The predominant appeal is to a prurient interest in sex; and
(ii) The average person would find the material depicts or describes sexual content in a patently offensive way; and
(iii) A reasonable person would find the material lacks serious literary, artistic, political, or scientific value.
(2) Standards – Surface Preparation. Sand and high-pressure water blasting are not permitted as a cleaning process for either surface preparation or for mural maintenance purposes on any building eligible for inclusion on the State or National Register of Historic Buildings. Only treatments that do not cause damage to historic materials shall be utilized.
(3) Maintenance. The mural shall be kept in good condition for the life of the mural according to the maintenance schedule and responsibilities approved by the planning and zoning commission. The display surface shall be kept clean and neatly painted and free from corrosion. Any mural that is not maintained, faded, or is in disrepair shall be ordered removed or covered with opaque paint, similar to the primary building materials/colors or other appropriate material approved by the planning and zoning commission.
(4) Design Standards.
(a) The proposed mural will not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic; and
(b) The location, scale, and content of the mural shall be in keeping with and enhance the building or structure on which it is located; and
(c) The proposed mural is well integrated with the building’s facade and other elements of the property and enhances the architecture or aesthetics of a building or wall; and
(d) The proposed mural, by its design, construction, and location, will not have a substantial adverse effect on abutting property or the permitted use thereof; and
(e) The proposed mural is not detrimental to the public health, safety, or welfare; and
(f) The mural will not have a detrimental effect on the structural integrity of the wall on which it is applied/affixed; and
(g) The maintenance schedule is reasonable for the mural and the building on which it is applied/affixed; and
(h) Colors shall be limited to muted tones, and no fluorescent, metallic, or reflective finishes shall be permitted.
(5) Mural Permit. Murals may be installed following approval of a conditional use permit.
(6) Application Requirements. A permit application shall contain, but not be limited to, the following information:
(a) Site plan showing the lot and building dimensions and indicating the proposed location of the mural.
(b) Pictures of the building elevations.
(c) A scale drawing and color photo of the building elevation showing the proposed size and placement of the mural.
(d) A colored drawing of the proposed mural. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(X))
Administrative
For the purpose of this title, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number; all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word “shall” is mandatory and not discretionary. Other words and phrases used in this title shall have the following meaning:
Abutting: The conditions of two (2) adjoining properties having a common property line or boundary, including cases where two (2) or more lots adjoin only a corner or corners.
Access or accessway: The place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.
Acre: An area of land containing forty-three thousand five hundred sixty (43,560) square feet.
Adjacent: Nearby, not distant, having a common border. Not necessarily touching.
Aggrieved person: An individual who is negatively affected by a land use decision. An aggrieved person includes the property owner, adjacent property owners, or owners within the required notice area of the action from which the grievance arises. For individuals who are not the property owner, adjacent property owner, or an owner within the required notice area of the action from which the grievance arises, a legal or equitable interest in the action must be demonstrated and the individual must be able to demonstrate actual, and not perceived, harm, in order to meet the definition of aggrieved.
Agriculture: The tilling of the soil, raising of crops, horticulture, silviculture, fish hatchery and farming, livestock raising and grazing, including all uses customarily incidental thereto but not including slaughterhouses, fertilizer yards, rendering plants, or plants for the reduction of animal matter, or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.
Airport: Any area which is used or is intended to be used primarily for the taking off and landing of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or facilities including open spaces, taxiways and tiedown areas, hangars, transition and clear zones, and other accessory buildings.
Alley: A right-of-way, dedicated to public use, affording a secondary means of access to abutting property and not intended for general traffic circulation.
Ambulatory person: Any individual including one who uses a cane or other ambulatory support, who is physically and mentally capable, under emergency conditions, of finding a way to safety without assistance.
Amendment: In reference to this title, a change in the wording or substance of this title, or an addition or deletion or a change in the zone district boundaries or classifications of the zoning map.
Animal hospital: Facilities for the care, treatment, and boarding of animals including facilities within the term “veterinary clinic.”
Animation or animated: As defined in Chapter 19.100.
Antique: A product that is sold or exchanged because of value derived because of oldness as respects the present age, and not simply because the same is not a new product.
Appeal: An action which permits an aggrieved individual to arrange for a hearing before an individual or a group other than the individual or group from whose decision the appellant seeks redress, or a first request for action, depending on context; Section 19.135.010 provides for appeal without prior decision.
Automobile repair: All aspects of the repair of motor vehicles including, but not limited to, lubrication, tune-up and preventive maintenance for commercial purposes.
Automobile sales, new: A franchised agency selling new motor vehicles and providing services commonly associated with motor vehicle sales. A new automobile dealership may include the sale of used motor vehicles.
Automobile sales, used: An agency selling used motor vehicles not in conjunction with and on the same site as a new motor vehicle franchise and providing services commonly associated with motor vehicle sales.
Automotive, body and fender: The painting, repairing, replacing, reconstructing, frame straightening, sandblasting and/or welding of body parts on automobiles, recreational vehicles, trucks, trailers, motorcycles, boats, snowmobiles or other such vehicles for commercial purposes.
Automotive detailing: The practice of washing, waxing, or cleaning of automobiles, trucks, motor homes, or recreational vehicles for commercial purposes. Does not include sandblasting, painting, welding, body work, auto body part replacement, automotive repair, glass repair or replacement.
Awning: As defined in Chapter 19.100.
Banner: As defined in Chapter 19.100.
Bar or cocktail lounge: An establishment whose primary business is the serving of alcoholic beverages to the public for consumption on the premises.
Bed and breakfast: An owner-occupied dwelling unit that contains no more than four (4) guest rooms where lodging, with or without meals, is provided for compensation.
Board of adjustment: See Section 19.10.050.
Building: A structure, above or below the ground, having one (1) or more stories and a roof, designed primarily for the shelter, support, or enclosure of persons, animals, or property of any kind. This shall not include dog houses, playhouses, similar structures; includes manufactured homes.
Building, accessory: A building or structure which is subordinate to, and the use of which is customarily incidental to, the main building, structure, or use on the same lot or parcel.
Building area: The total areas, taken on a horizontal plane at the mean grade level, of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps.
Building, attached: A building which has at least part of a wall in common with another building, or which is connected to another building by a roof.
Building, detached: A building which is separated from another building or buildings on the same lot.
Building, height of: The vertical distance measured from the average grade level of the highest level of the roof. In the event that terrain problems prevent an accurate determination of height, the zoning director shall rule as to height and appeal from that decision shall be to the board of adjustment.
Building, main: A building, or buildings, in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building of the lot on which the same is situated.
Building permit: A permit required for erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the City of Show Low as more fully defined in the International Building Code.
Building setback: The minimum distance as prescribed by this title between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto. (See “Yard, street-side,” “Yard, rear,” and “Yard, side.”)
Bulk fuel storage: A place where liquefied petroleum gas, crude petroleum, gasoline, naphtha, benzine, benzol, kerosene or any other liquid except such as will stand a test of one hundred fifty (150) degrees Fahrenheit, closed cup testers, are stored in wholesale quantities, where the aggregate capacity of all storage tanks is more than ten thousand (10,000) gallons.
Campground: Any lot, parcel, or tract of land used, designed, maintained, and intended for rent of plots or sites to accommodate temporary camping by the traveling public with or without sanitary facilities and water whether or not a charge is made for the use of the park and its facilities. (See Section 19.25.200.)
Caretaker residential use: Single-family dwelling or manufactured home in an industrial zone provided such residence is incidental to such use and is occupied only by a caretaker or security personnel and his/her family. Also includes site built housing attached to a permitted business in the commercial zoning districts.
Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.
Changeable copy: As defined in Chapter 19.100.
Church: A building commonly used for religious worship.
City: The City of Show Low, Navajo County, Arizona.
Civic uses: Civic uses provide for meetings, conventions and trade fairs, exhibitions, and other community, social and multipurpose uses. Typical uses include convention centers, neighborhood centers, and community centers.
Clearing: Consisting of the removal and disposal of all obstructions such as fences, walls, foundations, buildings, accumulations of rubbish of whatever nature and existing structures. Included in this definition are trees, logs, shrubs, brush, grass, weeds, other vegetation and stumps of a diameter greater than six (6) inches.
Clinic: A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
Commercial flag: As defined in Chapter 19.100.
Commercial rodeo grounds: A roping arena or rodeo ground which is used for any commercial or business purpose, including, but not limited to, charging participants and/or spectators for any roping or rodeo-related activity or event.
Commission: The City of Show Low planning and zoning commission. (See Section 19.10.040.)
Contiguous: In actual contact.
Convalescent home: Same as “Nursing home.”
Copy: As defined in Chapter 19.100.
Council: Show Low city council.
County: Navajo County, Arizona.
Day care center: A facility where six (6) or more people are supervised and cared for. Such a place does not provide medical, psychological, or rehabilitative care, or overnight care.
Drive-in restaurant: Any establishment where food or beverages are dispensed and may be consumed on the premises, but outside a closed building.
Drive-in theater: An open air theater where the performance is viewed by all, or part, of the audience from motor vehicles.
Dwelling: A building or portion thereof designed exclusively for residential purposes, including single-family and multiple dwellings; but not including hotels, motels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or child care nurseries.
Dwelling, multifamily: A building designed exclusively for occupancy by or occupied by two (2) or more families living independently of each other.
Dwelling, single-family: A detached building designed exclusively for occupancy by or occupied by one (1) family for residential purposes.
Dwelling unit: A room or group of rooms within a dwelling, designed to be occupied exclusively by one (1) or more persons living as a single-family housekeeping unit.
Easement: A space on a lot or parcel of land reserved or used for location and/or access to utilities, drainage or other physical access purposes.
Eave line: As defined in Chapter 19.100.
Electronic message display: As defined in Chapter 19.100.
Embellishment: As defined in Chapter 19.100.
Erect. The word “erect” includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations on the land, required for a building.
Excavation: The removal and disposal of all materials taken from the ground for the purposes of installing nonnatural facilities.
Family: One (1) or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
Farming: Same as “Agriculture.”
Fence: Any device built to enclose a parcel of land, to separate two (2) parcels of land, or to separate a parcel of land into different use areas.
Filling: The process of dumping dirt, sand, rock or other material excavated from the earth. This includes grading of the material and adjacent surfaces so that it is left in a suitable condition for other district uses.
Garage, private: A building or portion thereof, used for the shelter or storage of self-propelled vehicles, or owned or operated by the occupants of a main building where there is no service or storage for compensation.
Grading: The process of changing gradients of existing land by contouring, smoothing or otherwise shaping land areas outside of planting beds and lawns.
Group home for the handicapped: A dwelling shared by four (4) or more handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential.
As used herein, the term “handicapped” shall mean having:
(1) A physical or mental impairment that substantially limits one (1) or more of such person’s major life activities so that such person is incapable of living independently;
(2) A record of having such an impairment; or
(3) Being regarded as having such an impairment.
However, “handicapped” shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term “group home for the handicapped” shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.
Grubbing: The elimination of roots from the ground by digging or pulling.
Guest house (detached): Living quarters consisting of one (1) or more rooms, designed, occupied or intended for occupancy as detached living quarters, with cooking, sleeping and sanitary facilities which may or may not be utilized for income purposes.
Guest unit: Living quarters consisting of one (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities which may or may not be utilized for income purposes within a primary dwelling unit.
Hazardous material: A substance that has the capability of posing an unreasonable risk of health and safety to life and property or any material that is subject to the hazardous waste definitions of the Arizona Department of Environmental Quality or the United States Environmental Protection Agency.
Home occupation: Any occupation or profession which is incidental and subordinate to the use of the dwelling unit for dwelling purposes and which does not change the character thereof.
Homeless shelter: A class of residential facility which provides temporary, transitional and/or residential services to homeless individuals and/or families for a period not exceeding a twelve (12) month period. A homeless shelter primarily offers food, shelter and other support services needed to transition the individual to self-sufficiency.
Hospital: A facility for the treatment or care of human ailments, where overnight lodging for patients is provided, other than nursing homes.
Hotel: A building in which lodging is provided and offered to the public for compensation and which is open to transient guests.
International Building Code (IBC): As defined in Chapter 19.100.
Junk Vehicle. “Abandoned or junk vehicle” means a vehicle or any portion thereof which is incapable of movement under its own power and will remain so without repair or reconstruction. All abandoned or junk vehicles will be stored in an enclosed area by the owner or occupant of the property as long as said vehicle is located in such a manner as not to be visible from any point laying without the property upon which the abandoned or junk vehicle is stored or parked.
Junk yard: See “Salvage yard.”
Kennel: Any premises where a combination of four (4) or more dogs or cats are bred, boarded, and/or trained.
Kitchen: Any room in a building or dwelling unit which is used or intended to be used for cooking or the preparation of food.
Landscaping: An area which has been improved through the harmonious combination and introduction of trees, shrubs, and ground cover, and which may contain natural topping material such as boulders, rock, stone, granite, or other approved material. The area shall be void of any asphaltic or concrete pavement except for pedestrian walkways.
Livestock: Animals such as cattle, horses, sheep, goats or llamas.
Lot: A legally created parcel of land.
Lot area: The total horizontal area within the lot lines of a lot.
Lot coverage: That portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools.
Lot depth: The horizontal length of a straight line connecting the midpoints of the front and rear lot lines.
Lot frontage: The horizontal or chord length of the front lot line.
Lot line: The line bounding a lot.
Lot line, rear: A lot line which is opposite and most distant from the front lot line.
Lot line, side: Those lot lines connecting the front and rear lot lines.
Lot line, street: In the case of an interior lot, a line separating the lot from the street, and in the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.
Lot width, average: The distance between side lot lines measured thirty (30) feet behind the required minimum front yard line parallel to the street or street chord.
Maintenance: As defined in Chapter 19.100.
Manufactured home park: Any parcel or tract of land, designed, maintained, used, and approved by the City of Show Low (or in existence prior to being annexed into the City of Show Low), which is intended for rent or lease of individual lots or sites to accommodate one (1) manufactured home per lot or site, including all vehicles, accessory buildings, and appurtenances to be used or intended as equipment, whether or not a charge is made for the use of the site or the use of its facilities.
Manufactured housing: A structure transportable in one (1) or more sections which, in the traveling mode, is eight (8) feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. Such a structure must conform to the standards contained in the National Manufactured Housing Construction and Safety Standards Act established and administered by the U.S. Department of Housing and Urban Development.
For purposes of these regulations, manufactured homes, as a special form of one (1) family detached dwellings, are subject to such special regulations as are set forth herein and shall not be considered a modular or factory-built building as defined in this section.
Manufacturing: The fabricating or assembling of materials into finished or partially finished products by hand or by the use of machinery.
Mobile home: A residential dwelling that was fabricated in an off-site manufacturing facility, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. A “mobile home” was constructed prior to the enactment of the National Manufactured Housing Construction and Safety Standards Act, established and administered by the U.S. Department of Housing and Urban Development. (See “Manufactured housing.”)
Modular or factory built buildings: A structure fabricated, either wholly or partially, off site that meets the standards of the International Building Code, International Mechanical Code, International Plumbing Code, and National Electrical Code as adopted by the City of Show Low and designed to be installed on a permanent foundation.
Motel: A building or group of buildings containing guest rooms or apartments used primarily for the accommodation of motorists, and providing adequate automobile parking on the premises.
Natural: The condition of the land, vegetation, rocks, and other surface features which have not been physically disturbed, changed or added to by any action of man or machine.
Nonchartered financial institution: Any business, including accessory uses, other than a state or federally chartered bank, credit union, mortgage lender or savings and loan association, that offers check cashing services, vehicle title loans, and loans for payment of a percentage or graduated fee. Specifically included are check cashing and pawn shop businesses that charge a percentage or graduated fee for cashing a check or negotiable instrument and “payday loan” businesses which make loans upon assignment of wages received, or businesses that function as deferred presentment services. Automobile dealers shall not be considered nonchartered financial institutions.
Nonconforming structure: A structure which was lawfully erected prior to the adoption of the ordinance codified in this chapter but which, under this title, does not conform with the standards of development and construction, lot coverage, yard spaces, height of structures, distance between structures or other standards prescribed in the regulations for the district in which the structure is located. (See Chapter 19.95.)
Nonconforming use: The use of a structure or land which was lawfully established and maintained prior to the adoption of this title but which, under this title, does not conform to the use regulations for the district in which it is located.
Nuisance: See Section 7.20.010.
Nursery: A commercial operation for the growth and sale of plants, storage of equipment for landscaping and the wholesale or retail sale of commercial gardening supplies.
Nursing home: A health care facility for extended care and convalescent care, regulated by the state health department and licensed by the state of Arizona.
Office: A room or rooms and accessory facilities for the managing or conducting of a business.
Off-street parking and loading facilities: A site or a portion of a site devoted to the off-street parking of motor vehicles including parking spaces, aisles and access driveways. (See Chapter 19.105.)
Open space: Usable open space. (See “Usable open space.”)
Outdoor storage: The location of any goods, services, wares, merchandise, commodities, junk, debris, vehicles or any other item outside of a completely enclosed building for a continual period longer than twenty-four (24) hours. Does not include new and used vehicle sales operating under an approved business permit.
Out-parcel pad: As defined in Chapter 19.100.
Parcel: A legally created plot of land.
Park: A public or private parcel of land developed and used for passive or active recreation.
Parking area: An area designed and constructed and used exclusively for the parking, storage and maneuvering of vehicles. (See Chapter 19.105.)
Planning and zoning commission: The planning and zoning commission of the City of Show Low. (See Section 19.10.040.)
Planning and zoning director: Staff person designated by the city manager to hold such position. In the absence of such a person, the city manager serves as the planning and zoning director.
Principal use: The main use of land or structures as distinguished from a secondary or accessory use.
Professional office: Any building, structure, or portion thereof, used or intended to be used as an office for a lawyer, architect, engineer, surveyor, planner, optometrist, accountant, doctor, dentist, or other similar professions.
Public building: Facilities for conducting public business constructed for various public agencies, including all federal, state, county, and city offices and buildings.
Public hearing: Hearings to receive public testimony.
Public utility: Private or public facilities for distribution of various services, such as water, power, gas, communication, etc., to the public.
Recreation facilities: Includes buildings, structures or areas built or developed for purposes of entertaining, exercising or observing various activities participated in either actively or passively by individuals or organized groups.
Recreational vehicle: A vehicular type unit primarily designed as living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. This includes motor homes, self-contained travel trailers, campers, park models, etc.
Recreational vehicle park: Facilities for the storage, parking and maneuvering of recreational vehicles (motor homes, travel trailers, campers, park models, etc.) with adequate roads and staff sites, including sanitary and water facilities. Does not constitute a manufactured home park.
Restaurant: An establishment which serves food or beverages only to persons seated within the building. This includes cafes, tea rooms, and similar establishments.
Retail store: A commercial business for selling goods, services, wares or merchandise directly to the consumer, but not including a professional office.
Right-of-way: Includes any public or private right-of-way and includes any area required for public use pursuant to any official plan.
Salvage yard: Any land or building used for the abandonment, storage, recycling, keeping, collecting, or baling of paper, rags, scrap metals, other scrap or discard materials, or for the abandonment, demolition, dismantling, recycling, storage, or salvaging of automobiles or other vehicles not in running condition, or machinery, or parts thereof.
School, elementary, junior high, high school, college, or junior college: Public and other institutions conducting regular academic instruction at kindergarten, elementary, secondary, and tertiary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the state board of education or the state board of regents.
School, nursery: A building or buildings or the use of a site or a portion of a site for an organized program devoted to the education or day care of six (6) or more children of elementary school age or younger other than those residents on the site. Includes day care center.
School, private or parochial: An institution conducting regular academic instruction at kindergarten, elementary, secondary, and tertiary levels operated by a nongovernmental organization.
School, trade: Schools offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools and similar commercial establishments operated by a nongovernmental organization.
Service station: An occupancy engaged in the retail sales of gasoline, oil, tires, batteries, and new accessories and which provides for the servicing of motor vehicles and operations incidental thereto, including: automobile washing, waxing and polishing, tire changing and repairing, but not including recapping. May also include battery service, radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trailers, testing, adjustment and replacement of motor parts and accessories.
Shopping center: A group of retail stores or professional offices planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaped areas and pedestrian malls or plazas provided on the property as an integral part of the unit.
Sign: Any identification, description, illustration, or device which is affixed directly or indirectly upon a building, structure or land which directs attention to a product, place, activity, person, institution, or business and which is visible from any public street, waterway, alley or public place, and shall include banners and similar services. A vehicle-mounted sign on a vehicle that is habitually parked or stationed at the site of a business and serves to advertise or identify the business shall be construed as a sign for the purpose of this title. National flags and flags of government shall not be construed as signs.
Sign area: As defined in Chapter 19.100.
Sign, canopy: As defined in Chapter 19.100.
Sign, costume: As defined in Chapter 19.100.
Sign, development: As defined in Chapter 19.100.
Sign, directional: As defined in Chapter 19.100.
Sign, entrance and exit: As defined in Chapter 19.100.
Sign, freestanding: As defined in Chapter 19.100.
Sign height: As defined in Chapter 19.100.
Sign, monument: As defined in Chapter 19.100.
Sign, off-site: As defined in Chapter 19.100.
Sign, over-the-highway banner: As defined in Chapter 19.100.
Sign, political: As defined in Chapter 19.100.
Sign, portable: As defined in Chapter 19.100.
Sign, projecting: As defined in Chapter 19.100.
Sign, property sale, rental, or lease: As defined in Chapter 19.100.
Sign, special event: As defined in Chapter 19.100.
Sign, structure: As defined in Chapter 19.100.
Sign, temporary: As defined in Chapter 19.100.
Sign, transient merchant: As defined in Chapter 19.100.
Sign, vehicle: As defined in Chapter 19.100.
Sign, walker: As defined in Chapter 19.100.
Sign, wall: As defined in Chapter 19.100.
Sign, window: As defined in Chapter 19.100.
Special event: Any event or multiple events that do not occur on a frequent basis, that occur upon public or private property, which the general public is invited to watch, participate in, purchase goods or services from; these events include but are not limited to fairs, festivals, carnivals, fundraisers, car shows, gun shows, trade shows, rodeos, athletic events, markets, parades, exhibitions, auctions, and concerts.
Stable: A detached accessory structure including, but not limited to, a corral or paddock for the keeping of one (1) or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.
Stable, commercial: A structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, hire or sale.
Store: A building where manufactured or ready-made items can be purchased.
Street: A right-of-way, dedicated and accepted by the City of Show Low, for public uses, which provides the principal vehicular and pedestrian access to adjacent properties.
Street frontage: As defined in Chapter 19.100.
Street line: The boundary line between street right-of-way and abutting property.
Structure: Anything constructed or erected which requires a fixed location on or below the ground, including a building or manufactured home, but not including a fence or wall used as a fence.
Subdivision: Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four (4) or more lots, tracts or parcels of land; or, if a new street is involved, any such property which is divided into two (2) or more lots, tracts or parcels of land; or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two (2) parts. “Subdivision” also includes any condominium, cooperative, community apartment, townhouse or similar project containing four (4) or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. “Subdivision” does not include the following:
(1) The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots.
(2) The partitioning of land in accordance with other common ownership.
(3) The leasing of apartments, offices, stores or similar space within a building or trailer park, nor to mineral, oil or gas leases.
Swimming pool: Any structure intended for swimming or recreational bathing that contains water over twenty-four (24) inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs and spas.
Temporary merchant or vendor: As defined in Section 16.05.010.
Temporary use: A use which occurs for a specific time period from either a temporary structure or location.
Time and temperature unit: As defined in Chapter 19.100.
Travel trailer: A portable structure without motive power, with wheels built on a chassis, designed as a temporary dwelling for travel, recreation, and vacation purposes, having a body width not exceeding eight (8) feet and a body length not exceeding forty (40) feet.
Usable open space: Space which can be enjoyed by people. This could include landscaping plazas, grass and trees, fountains, sitting areas, etc., and is meant to provide an open garden atmosphere. Usable open space does not include parking areas, vacant or undeveloped lots or any other space which does not contribute to the quality of the environment.
Use: The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied and maintained.
Use, accessory: A use which is incidental, related, appropriate, and clearly subordinate to the principal use of the lot or building, and which does not alter the principal use of the lot or building.
Use, conditional: A use is listed as a “conditional use” in any given zone district or other part of this title. Such use shall require a “conditional use permit” in order to be established within that zone district, and shall be subject to all conditions and requirements imposed by the planning and zoning commission in connection with the conditional use permit in addition to conditions and requirements imposed by all other regulatory agencies.
Use, permitted: A use which is listed as a “permitted use” in any given zone district. Such use shall be allowed to be established within that zone district, subject to the specific requirements of this title.
Variance: See Chapter 19.135.
Vehicle, delivery: As defined in Chapter 19.100.
Wall: Any device forming a physical barrier which is so constructed that fifty (50) percent or more of the vertical surface is closed preventing the passage of light, air and vision through said surface.
Warehouse: A building or buildings used for the storage of goods.
Wholesale: The sale of goods or materials for the purposes of resale.
Yard: Open and unoccupied space on a lot or parcel.
Yard, front: A yard, the depth of which is the minimum required horizontal distance between the street line and a line parallel thereto on the lot, which yard extends across the full width of the lot.
Yard, rear: A yard, the depth of which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot.
Yard, side: A yard, the width of which is the minimum required horizontal distance between the side lot line and a line parallel thereto on the lot, not including any portion of a required front yard or required rear yard.
Zone: A district classification established by this title which limits or permits various and specific uses.
Zone district: A zone area in which the same zoning regulations apply throughout the district.
Zoning director: The official responsible for enforcement of the zoning ordinance and/or his/her designee. (See Section 19.10.060.) (Ord. No. 387, § 3, 6-6-95; Ord. No. 498, § 1, 8-7-01; Ord. No. 2008-04, § 1, 4-1-08; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-21)
This title shall be known as “The zoning ordinance of the City of Show Low.” (Ord. No. 387, § 3, 6-6-95. 1976 Code § 15-1-1)
The purposes of this title are to implement the general plan of the City of Show Low; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to lessen congestion in the streets; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; to provide for the social, physical, and economic advantages resulting from comprehensive and orderly planned use of land resources; and to otherwise promote the health, safety, convenience, and general welfare of the citizens of the City of Show Low, Arizona. (Ord. No. 387, § 3, 6-6-95. 1976 Code § 15-1-2)
In its interpretation and application, the provisions of this title shall be held to be minimum requirements for the implementation of the general plan of the City of Show Low, and for the promotion of the public health, safety, and general welfare. It is not intended by this title to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this title, or with restrictions placed upon property by covenant, deed, or other agreement between parties; provided, that where this title imposes a greater restriction on land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this title shall control. (Ord. No. 387, § 3, 6-6-95. 1976 Code § 15-1-3)
(A) Establishment – Composition – Terms of Members – Vacancies – Compensation of Members. There is hereby established a planning and zoning commission of the City of Show Low to consist of seven (7) members, all residents of the city, to be appointed by the city council. The members of the commission shall serve for terms of four (4) years. In the event of a death, resignation, or removal from the commission, the vacancy shall be filled by the council for the unexpired term. Members of the commission may be removed by the council for inefficiency, neglect of duty, or malfeasance in office. The council shall file a written statement of the reasons for removal. All members shall serve with pay in an amount established by the city council, and may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the commission and approval of such expenditures by the city council.
(B) Powers and Duties. It shall be the duty of the commission:
(1) To formulate for recommendation any lawful plan for adoption by the council for growth and development.
(2) To make or cause to be made a continuous study of the best present and future use to which land and buildings shall be put within the City of Show Low.
(3) To recommend to the council revisions in such plans which, in the opinion of the commission, are for the best interest of the citizens of the City of Show Low.
(4) To hold public hearings where necessary.
(5) To make recommendations to the council on all matters concerning or relating to the creation of zoning districts, the boundaries thereof, the appropriate regulations to be enforced therein, and amendments of this title.
(6) To carry out the specific duties as prescribed by this section.
(7) To undertake all activities usually associated therewith and commonly known as “planning and zoning.”
(8) To confer and advise with other city, county, regional, or state planning agencies and commissions.
(C) Selection of Officers. The commission shall elect a chairman and vice chairman from among its own members, who shall serve for one (1) year and until their successors are elected and qualified. The chairman shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The chairman shall have the power to administer oaths and to take evidence. The vice chairman shall perform the duties of the chairman in the latter’s absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election.
(D) Quorum – Voting. Four (4) members shall constitute a quorum. The affirmative vote of a majority of members voting shall be required for passage of any matter before the commission. A member may abstain from voting only upon a declaration that he/she has a conflict of interest, in which case such member shall take no part in the deliberation on the matter in question.
(E) Rules – Regulations – Records – Meetings. The commission shall make and publish rules and regulations to govern its proceedings and to provide for its meetings. All meetings of the commission shall be open to the public. The minutes and records of all commission proceedings shall be kept and filed as public record in the office of the city clerk. (Ord. No. 387, § 3, 6-6-95; Ord. No. 2003-17, § 1, 10-21-03; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-4)
(A) Establishment. There is hereby established a board of adjustment which shall consist of five (5) members to serve without compensation, each to be appointed by and to serve at the pleasure of the mayor and council, for a term of four (4) years. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. To the extent practicable the board should be comprised of persons familiar with land use, the building code or the technical trades. The members of the board shall elect a chair and a vice chair who shall serve for two (2) years and until their successors are elected. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar body. Meetings of the board shall be held at the call of the chair, and at such other times as the board may determine. The board shall adopt rules governing its proceedings. Such chair or, in the absence of the chair, the vice chair, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the city clerk and shall be public records.
(B) Powers and Duties.
(1) It shall be the duty of the board to:
(a) Hear and decide appeals in which it is alleged there is an error in an order, requirement or decision made by the zoning director in the enforcement of the zoning ordinance, and to reverse or affirm, wholly or partly, or modify the order, requirement, or decision of the zoning director appealed from, and make such order, requirement, decision or determination as necessary.
(b) Hear and decide appeals for variances from the terms of the zoning ordinance only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same zoning district in which such property is located.
(c) Hear and decide requests for reasonable accommodation for an individual with a disability, or disability of an individual(s) who will reside at the property, under this chapter pursuant to state or federal law. Such requests may be approved, conditionally approved, or denied in accordance with applicable law and may be appealed in the manner provided by A.R.S. § 9-462.06(K).
(2) The board of adjustment may not:
(a) Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the zoning ordinance, provided the restrictions in this section shall not affect the authority to grant variances pursuant to this title.
(b) Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. (Ord. No. 387, § 3, 6-6-95; Ord. No. 2004-08, § 1, 6-1-04; Ord. No. 2006-28, § 1, 12-19-06; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-5)
(A) Creation – Appointment. There is hereby created the office of zoning director of the City of Show Low.
(B) Powers and Duties. The zoning director shall:
(1) Enforce the zoning ordinance.
(2) Accomplish all administrative actions required by the ordinance.
(3) Undertake preliminary negotiation with, and provide advice to, all applicants for zoning adjustment action, use permits, plan review or other action of the zoning director, the planning and zoning commission, or the board of adjustment.
(4) Subject to general and specific policy laid down by the planning and zoning commission and the city council, interpret the zoning ordinance to members of the public, city departments, and other branches of government. (Ord. No. 387, § 3, 6-6-95; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-7)
This title shall be enforced by the zoning director who shall in no case grant permission for the issuance of any permit for the construction, reconstruction, alteration, demolition, movement or use of any building, structure, lot, or parcel if he determines that the building, structure, lot or parcel as proposed to be constructed, reconstructed, altered, used, or moved, would be in violation of any of the provisions of this title, unless directed to issue such permit by the board of adjustment after interpretation of the ordinance or the granting of variance, or by the city council after interpretation of this title. (Ord. No. 387, § 3, 6-6-95; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-8)
It is hereby declared to be unlawful to construct, erect, install, alter, change, demolish, maintain, or use any house, building, structure, or fence or to use any lot or parcel contrary to, or in violation of, any provision of this title. Any person, firm, or corporation violating any of the provisions of this title shall be guilty of a civil violation punishable as provided in Section 1.25.010(A). In addition, the provisions of this title may be enforced through any procedure or remedy provided by law including injunctive relief as provided by state statute. (Ord. No. 387, § 3, 6-6-95. 1976 Code § 15-1-9)
If any part of the zoning ordinance of the City of Show Low is found to be invalid or unconstitutional by any court, such action shall not apply to the title as a whole, but only to that specific part, and it is intended and declared that all parts of said zoning ordinance of the City of Show Low not expressly declared to be invalid or unconstitutional shall continue in full force and effect notwithstanding so much thereof as may be declared to be invalid or unconstitutional. (Ord. No. 387, § 3, 6-6-95. 1976 Code § 15-1-10)
(A) Purpose. The purpose of this section is to allow amendments to the text of these zoning regulations or the zoning map so that the city may respond to changing conditions. The provisions of this section are not intended to relieve particular hardships nor to confer special privileges.
(B) Application Process.
(1) Authorized Applicant. An applicant for an amendment to change the zoning on any property shall be one (1) of the following:
(a) The owner(s) and/or authorized agent of the property;
(b) One (1) or more of several joint owners of property who own individually or as a group and hold a majority interest in the property;
(c) Seventy-five (75) percent, or more, of the owners of property in the area and seventy-five (75) percent, or more, of the land area covered by the application when the application covers more than one (1) property;
(d) The city council or planning and zoning commission on its own motion at a public meeting.
(2) Submittal Requirements. To have a zoning ordinance or zoning map amendment processed the applicant shall submit an application on a form provided by the planning and zoning department and shall comply with each of the following requirements, as deemed applicable by the planning and zoning director:
(a) A pre-application meeting shall be arranged by the applicant with the planning and zoning director to discuss any proposed amendment prior to any application submittal.
(b) A neighborhood meeting shall be coordinated through the planning and zoning director but conducted solely by the applicant with city staff attending for observation and general questions only. This neighborhood meeting shall take place prior to the application being deemed complete.
(c) A narrative of how the proposed amendment is consistent with and conforms to the general plan and with the development plan map of the City of Show Low. Any contemplated uses shall be explained within the narrative, as well as outlining the neighboring land uses adjacent to the property.
(d) The pre- and post-zoning densities for the particular subject property shall also be calculated and included into the narrative.
(e) At least one (1) reasonably detailed and legible map no smaller than eight and one-half (8-1/2) inches by eleven (11) inches showing the particular property or properties that are being petitioned for a change and showing the adjoining properties and the public streets within a radius of three hundred (300) feet from the external boundaries of the proposed zoning map amendment. Indicate the location of buildings and parking areas, and the setback of the existing buildings and parking areas.
(f) A statement revealing any conditions or restrictions of record (if any), such as floodplain, deed restrictions, liens, etc., which would affect the permitted uses of the property if rezoned as requested and the date or dates (if any) of expiration thereof.
(g) Such conceptual plans, photographs, drawings, building elevations, and other supporting documents (if any) as the applicant may desire to present or deemed necessary by the planning and zoning director.
(h) Mandatory applicant attendance: Applicants, or their representative with authority to speak for and bind the applicant, shall be present at all meetings and public hearings required under this section.
(i) Representations of Applicant Binding. All representations by the applicant, or by the applicant’s authorized representative, made in writing, or during any city public meeting or public hearing, or by any submitted plan, plat, drawing or other graphic depiction in support of the application, and designated in the record by the planning and zoning commission and/or city council, shall be deemed to be conditions of approval.
(j) Diminution of fair market value waiver required: An executed, notarized waiver by the owner of the subject property of any and all claims for diminution in fair market value as defined by A.R.S. § 12-1134 arising out of the subject application shall be submitted.
(C) Staff Review. A completed application for an amendment to the text of these regulations or the zoning map shall be submitted to the planning and zoning director at least twenty-five (25) days prior to the public hearing. The required twenty-five (25) day period shall commence once a complete application has been received and deemed complete by the planning and zoning director or designee and shall not include the day of submittal, nor shall it include the day of the meeting. The recommendation shall be submitted to the planning and zoning commission prior to the scheduled public hearing. The recommendation shall set forth whether the amendment or rezoning should be granted, granted with conditions, or denied, and the grounds for any such recommendations as they relate to the standards and purposes of the zoning district classifications set forth in this chapter.
(D) Standards for Reviewing Proposed Amendments. All proposed amendments shall be evaluated to ensure the application is consistent with and conforms to the general plan and any other adopted plans. The proposed change shall not be detrimental to the majority of the persons or property in the surrounding area, nor to the community in general.
(E) Public Hearing. The planning and zoning commission shall at a minimum give notice and shall conduct a public hearing on the application in accordance with the requirements of A.R.S. § 9-462.04 and amendments thereto. Notwithstanding the notice requirements set forth in this section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the action for which the notice was given.
(F) Commission Action. The planning and zoning commission shall review the application and the testimony presented in the public hearing and shall render a decision at the conclusion of or within thirty (30) days after the public hearing in the form of a written recommendation to the city council. The recommendation shall include the standards for review, the commission’s findings of fact and its recommendation. If more information is requested by the commission, the public hearing may be continued one (1) time to a specific date not to exceed thirty (30) days from the originally scheduled public hearing.
(G) Council Action.
(1) Once the commission has held a public hearing, the council may adopt the recommendation of the commission without holding a public hearing if there is no objection, no request for public hearing, or other protest. If requested by any aggrieved party, any member of the public and/or any member of the city council, the council shall give notice and shall conduct a public hearing on the application in accordance with the requirements of A.R.S. § 9-462.04 and amendments thereto. If a public hearing is held by the city council a decision shall be rendered at the conclusion of or within thirty (30) days after the public hearing.
(2) If the owners of twenty (20) percent or more, either of the area of the parcel(s) of land included in the proposed change, or of those immediately adjacent in the rear or any side thereof extending one hundred fifty (150) feet therefrom, or of those directly opposite thereto extending one hundred fifty (150) feet from the street frontage of the opposite parcels of land, file a protest in writing against a proposed amendment, the amendment shall not become effective except by a favorable vote of three-fourths (3/4) of all members of the city council. If any member of the city council is unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths (3/4) of the remaining membership of the council; provided, that such required number of votes shall in no event be less than a majority of the full membership of the legally established governing body.
(3) A decision of the council involving rezoning of land which is not owned by the city and which changes the zoning classification of such land may not be enacted as an emergency measure and such change shall not be effective for at least thirty (30) days after final approval of the change in classification by the council.
(4) The city council may attach conditions to a rezoning request as are necessary to carry out the purposes of the general plan or other adopted plans and ensure compatibility with adjacent land uses. Except as modified by actions of the city council, conditions adopted by ordinance in accordance with prior law shall remain in full force and effect. A violation of any condition shall be considered to be a violation of these regulations. The city council may approve a change of zoning district conditioned upon one (1) or more of the following:
(a) A requirement that development proceed in accordance with a specific area plan, site plan, conceptual plan and/or development schedule.
(b) A requirement of public dedication of rights-of-way as streets, alleys, public ways, drainage and public utilities, and installation of off-site improvements as are reasonably required by or related to the effect of the rezoning.
(H) Reversion. The city council may approve a change of zoning district conditioned upon a schedule for development of the specific use or uses for which rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the legislative body, after notification by certified mail to the owner and applicant who requested the rezoning, shall schedule a public hearing to take administrative action to extend, remove or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.
(I) Reconsideration of Denied Amendments. In the event that a petition for an amendment is denied by the city council, or is withdrawn after the conclusion of the commission hearing, the commission shall not consider the petition or any other petition for the same or substantially the same amendment as it applies to the same property or zoning ordinance text described in the original petition, or any part thereof, within a period of one (1) year from the date of such denial action or withdrawal, unless the conditions upon which the original denial or withdrawal was based have changed. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 2, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-31)
The common council of the City of Show Low may from time to time establish and set by resolution the amount of charges for all planning and zoning applications and statements within the jurisdiction of the City of Show Low. (Ord. No. 214, § 1, 11-28-84. 1976 Code § 15-2-1)
The purpose of this chapter is to detail the requirements under which the planning and zoning director shall evaluate conformity of proposed development with the intent and provisions of this title and all other city ordinances. The provisions of this chapter shall apply to the permitted and conditional uses as specified for each zoning district. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-33(A))
Except as exempted by the provisions of Section 19.15.030, a site plan shall be required prior to the establishment of any building, structure, or use constructed or to be constructed, or change in use on any site in any district within the city. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-33(B))
Developments meeting the following criteria shall be exempt from the requirements to submit a development site plan. All development shall meet requirements contained within the building permit:
(A) Single-family residences and accessory buildings constructed in areas zoned as residential or manufactured home, including previously approved subdivisions.
(B) Modifications to an existing structure or similarity in the change of uses as determined by the director. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-33(C))
A request for site plan review shall be filed with and on a form prescribed by the director. Four (4) identical copies of the plan shall accompany the request for review. Each copy shall be on one (1) or more sheets of paper measuring not less than eleven (11) inches by seventeen (17) inches, drawn to a scale not smaller than forty (40) feet to the inch. Large scale projects shall be submitted on paper measuring not less than twenty-four (24) inches by thirty-six (36) inches.
(A) Location sketch with adjacent zoning and land uses;
(B) Lot dimensions;
(C) Location, size, height, use and exterior materials of both existing and proposed buildings and structures, including distances from all structures to all property boundaries;
(D) Size and dimensions of yards and space between buildings;
(E) Parking and circulation areas;
(F) Location, height, and composition of walls and fences;
(G) The location, dimensions, area, materials and lighting of signs;
(H) Exterior lighting, if any, and the type of lighting, height and areas of illumination;
(I) Percentage of the site covered by impervious surfaces, both existing and proposed;
(J) Percentage of the site covered by any and all structures, both existing and proposed;
(K) Street dedications and improvements;
(L) Right-of-way dimensions of all abutting streets, whether public or private, and access to the site;
(M) Locations, dimensions and description of all existing or proposed easements;
(N) Existing and proposed grades and drainage systems;
(O) The size and location of all existing and proposed public and private utilities;
(P) Natural features, such as mesas, rock outcroppings, or streams and man-made features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered;
(Q) A legal description of the land included in the site plan and of the lot; the name, address and telephone number of the owner, developer and designer;
(R) The future land use designation for the site;
(S) Service areas for uses such as loading areas and refuse disposal;
(T) The location(s) of the nearest fire hydrant(s);
(U) Building drawings, including floor plans and elevations of all principal and accessory buildings, may be provided, if available. Include facade and fascia treatments if applicable;
(V) Abutting land uses;
(W) Landscape Plan. For larger projects, the director may require a separate submittal of this plan drawn to scale, indicating the following information:
(1) All walks or paths, vehicular drives, parking lots, building entrances, free-standing light fixtures, service or loading areas, signs and locations, open spaces, plazas and recreation amenities with general construction materials noted;
(2) All slopes within the site are to be called out (i.e., 2:1, 3:1, 4:1, etc.). Specify if site consists entirely of slopes that are less than 50:1. All depressed and mounded areas shall be identified with general contour lines and/or proposed elevations. Note any area to be used for detention;
(3) A legend shall be included which shows symbols on plan, quantity, type of plant, minimum purchase size and any necessary comments such as ground cover spacing or necessary guying and staking. The legend shall also reflect square footage of each type of ground treatment (i.e., bluegrass, cobble, alternative grass mix, bark chips, etc.);
(X) Parking Plan. A parking plan, drawn to scale, shall be submitted. The director may require a separate submittal for this plan based on the scale of the project, which shall include elements as required by Chapter 19.105;
(Y) Traffic Control Devices and Street Lighting.
(1) If the director determines that a proposed development may significantly impact existing traffic patterns, a traffic study may be required. This study shall be conducted by a registered traffic engineer. The city, at the option of the council, may enter into an agreement with the developer and/or potential third party to provide funds for a proportional share of improvement costs necessary to maintain a satisfactory level of service;
(2) For all public streets adjacent to the site, the developer shall be responsible for providing any additional streetlights required to ensure an adequate level of lighting as determined by city staff;
(Z) Development Schedule.
(1) In conjunction with the submitted site plan and supporting documents, the developer shall submit a development schedule indicating, to the best of the developer’s knowledge, the timeline for all improvements to be in place, including utilities, roadways, drainage and landscaping.
(2) For any development proposed to be constructed in phases, the developer shall submit a master plan for the entire project which must be approved by the director before any phase of the project can be approved or constructed;
(AA) The director may follow Section 19.80.070(D)(16) when, in his/her opinion, project scope and/or size does not merit all of the above requirements;
(BB) Diminution of Fair Market Value Waiver Required. An executed, notarized waiver by the owner of the subject property of any and all claims for diminution in fair market value as defined by A.R.S. § 12-1134 arising out of the subject application shall be submitted. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-33(D))
(A) A pre-application conference with the director is required for all multifamily projects. All commercial and industrial projects consisting of more than three thousand (3,000) square feet also require a pre-application conference. A pre-application conference is suggested for all other projects.
(B) The director shall have fifteen (15) working days from the date of the submission of the plan application to review said plan and approve, conditionally approve, or reject said plan based on its compliance with all provisions of this chapter, all other ordinances, and master plans of the city, and to notify the applicant of his/her decision in writing. If, however, the director wishes to obtain the opinion of the planning and zoning commission, he/she may, at his/her discretion, forward the plan to the commission for action at their next regular meeting and shall notify the applicant of such meeting. In such case, the director must render his/her decision within five (5) days after commission action. In the event of denial, the decision shall set forth in detail the reasons for denial or, in the event of conditional approval, the changes or additions which are necessary to make said plans acceptable.
(C) All copies of the approved plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the director or his/her designee. One (1) copy of said approved plan and conditions shall be provided to the applicant, and one (1) copy shall be retained by the city. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-33(E))
Any applicant for plan approval who is dissatisfied or aggrieved by the decision of the director may appeal such decision in accordance with Chapter 19.135. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-33(F))
(A) Site plan approval automatically becomes void after twelve (12) months from date of approval if a building permit has not been issued.
(B) The director may grant an extension, when justified, of up to a maximum of six (6) months if the applicant files for said extension prior to the approval becoming void. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-33(G))
(A) Prior to the issuance of a building permit, the building official shall ascertain that the director has approved plans which are in conformance to those presented with the building permit application and that the time limitations imposed by this section have not elapsed.
(B) The building official shall ensure that all matters are undertaken according to the conditions of the approved plan. In the event of a violation, the building official or designee shall be authorized to place a stop work notice which shall be in effect until said violation is resolved. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-33(H))
Every zoning district contains certain uses of land which are normal and complementary to permitted uses in the district, but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are potentially incompatible with adjacent activities and uses. It is the intent of this chapter to permit conditional uses if the use can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this chapter to establish principles and procedures essential to proper guidance and control of such uses. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(A))
(A) Zoning district regulations established elsewhere in this chapter specify that certain uses of land may be allowed by the commission as conditional uses in a given district subject to the provisions of this section and the requirements set forth in district regulations. The planning and zoning commission is empowered to grant or to deny applications for conditional use permits and to impose conditions upon them.
(B) Any use, legally established and in compliance with the rules and regulations of the state of Arizona and the City of Show Low, that is existing on the effective date of the ordinance codified in this chapter which is reclassified as a conditional use by this chapter for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this chapter, and its continuance shall not be subject to issuance of a conditional use permit; provided, however, that to the extent that such use fails to conform to the requirements of this chapter, it shall be considered nonconforming as described in Chapter 19.95, and its continuance shall be governed by all nonconforming use regulations applicable thereto.
(C) Every conditional use permit issued shall be applicable only to the specific conditional use and to the specific property for which it is issued and shall run with the property until revoked or until such time as the use is discontinued. The maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this chapter, shall be the responsibility of the property owner. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-32(B))
(A) Authorized Applicant. An applicant for a conditional use permit shall be one (1) of the following:
(1) The owner(s) and/or authorized agent of the property;
(2) Any person with a potential interest in the property, together with the name, address and signature of the owner and/or authorized agent of the property.
(B) Submittal Requirements. Application for a conditional use permit shall be filed with the planning and zoning department on a form provided by the planning and zoning department. The applicant shall provide the planning and zoning director with a detailed site plan with the information requested in Chapter 19.15, and the narrative information as requested on the application form. An applicant shall also furnish the commission any additional information the planning and zoning director may consider relevant.
(C) Mandatory Applicant Attendance. Applicants, or their representative with authority to speak for and bind the applicant, shall be present at all meetings and public hearings required under this section.
(D) Representations of Applicant Binding. All representations by the applicant, or by the applicant’s authorized representative, made in writing, or during any city public meeting or public hearing, or by any submitted plan, plat, drawing or other graphic depiction in support of the application, and designated in the record by the planning and zoning commission and/or city council, shall be deemed to be conditions of approval.
(E) Diminution of Fair Market Value Waiver Required. An executed, notarized waiver by the owner of the subject property of any and all claims for diminution in fair market value as defined by A.R.S. § 12-1134 arising out of the subject application shall be submitted. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(C))
An application for a conditional use permit shall be submitted to the planning and zoning director at least twenty-one (21) days prior to the public meeting. The required twenty-one (21) day period shall commence once a complete application has been received as deemed by the planning and zoning director or designee and shall not include the day of submittal, nor shall it include the day of the meeting. The recommendation shall be submitted to the planning and zoning commission prior to the scheduled public meeting. The recommendation shall set forth whether the conditional use permit should be granted, granted with conditions, denied, or set for a public hearing. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-32(D))
All conditional use permits shall be evaluated for the following standards:
(A) The application shall be consistent with and conform to the general plan and any other adopted plans;
(B) There shall be no significant adverse or intrusive effect upon property within three hundred (300) feet of the external boundaries of the subject property as a result of the proposed use; and
(C) The proposed change would not be detrimental to the public health, safety and general welfare of the persons or property in the surrounding area, nor to the community in general. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(E))
Notice of the nature of the conditional use permit application and the date of the meeting at which it will be considered shall be posted on the property and shall be mailed to the owners of all real property within three hundred (300) feet of the property for which application is made at least ten (10) days prior to the meeting. Notwithstanding the notice requirements set forth in this section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the action for which the notice was given. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(F))
Based on the application, site plan, standards of review, staff’s recommendation and any other presented information the commission has the following options in rendering a decision:
(A) The commission may grant a conditional use permit with conditions the commission deems necessary to secure the intent and purpose of this section and require such guarantees and evidence that such conditions are being, or will be, complied with as the commission may desire.
(B) Deny the conditional use permit. If the commission finds that the application and supporting data do not indicate that all applicable conditions and requirements of this section will be met, it shall deny the permit. Notice of denial, including reasons therefor, shall be mailed to the applicant at the address shown in the application, and the commission shall report its actions to the city council.
(C) At its discretion, set the matter for a public hearing. If the commission does set the matter for public hearing, notice thereof shall be given to the public by publication of a notice in the official newspaper of the city and by posting the property included in the application not less than fifteen (15) days prior to the hearing. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered and a general description of the area affected.
(D) Continue the matter one (1) time to a specific date not to exceed thirty (30) days from the original meeting date. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(G))
(A) Any aggrieved person may file an appeal with the city council regarding any decision of the planning and zoning commission regarding the commission’s action on a conditional use permit by filing a written notice of appeal with the city clerk specifying the request. This appeal shall outline the specific nature of the concern, the impacts on neighboring properties, and the city as a whole, and the individual’s standing as an aggrieved person. If no appeal is filed with the council within seven (7) days after commission action, the action of the commission shall be considered final.
(B) When an appeal is filed with the city clerk, the planning and zoning director shall place the item on the next available regular city council meeting agenda, or, in the alternative, the planning and zoning director may set the matter for public hearing before the council as per the notification requirements outlined in Section 19.20.070(C). Notice shall be given to the planning and zoning commission of such appeal and the commission shall submit a report to the council prior to the hearing setting forth the reasons for its action taken. The commission shall be represented at the hearing by the commission chairman or his designee.
(C) Council Action.
(1) May grant or deny it; the council may elect to set the matter for a public hearing, and the latter action shall require notification as outlined in Section 19.20.070(C).
(2) The council shall, within fifteen (15) days of the public hearing, either uphold the decision of the planning and zoning commission or make a decision of its own. The council is not bound by the record of the commission’s findings and/or decision in reaching its decision.
(3) The council may grant a conditional use permit with conditions the council deems necessary to secure the intent and purpose of this section and require such guarantees and evidence that such conditions are being, or will be, complied with as the council may desire.
(4) The council’s decision shall be final and shall become effective immediately. Notice of the decision shall forthwith be mailed to the applicant at the address shown in the application. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-32(H))
(A) Conditional use permits become effective seven (7) days after approval by the planning and zoning commission, but in the event an appeal is filed, said permit shall not become effective until a decision upholding granting of the permit is arrived at by the council.
(B) The construction of any improvements allowed by a conditional use permit shall commence within twelve (12) months or as otherwise stipulated by the commission and must be completed within eighteen (18) months or as otherwise stipulated by the commission in accordance with the development plan, unless extended by the planning and zoning commission, otherwise the conditional use permit shall become null and void.
(C) The commission may establish a time limitation for specific conditional use permits and prior to the termination of this time limit, the commission may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated.
(D) A conditional use permit shall not be effective until the conditions of the permit are fulfilled unless specific clarifications on the conditional use permit as to timing of compliance are present.
(E) If a time limit is not established by the commission, and the conditional use is discontinued for more than twelve (12) months, a new conditional use permit shall be required.
(F) An applicant may submit a master plan of a proposed development which requires a conditional use permit and have the development approved by the commission. No further conditional use permit process will be necessary to implement this plan as long as it is in substantial compliance with the master plan and is completed within the time period established by the commission.
(G) No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1) year from the date of denial or revocation of said use permit. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(I))
(A) Use permits granted in accordance with the provisions of this chapter may be revoked if any of the conditions or terms of the permit are violated or if any law or division is violated in connection therewith. The planning and zoning director shall notify the permittee of a violation of a conditional use permit. If the violation is not remedied or the remedy is not substantially begun in the opinion of the planning and zoning director, the permittee shall be served with a notice that the planning and zoning commission will consider revocation of the conditional use permit at a commission meeting specified in the notice. This commission meeting shall not be held less than ten (10) days after the notice is mailed by certified mail or by personal delivery. If the commission decides to revoke the permit, the property owner shall cease the use for which the conditional use permit was issued.
(B) Failure to comply with the conditional use permit or the standards of this chapter may result in a complaint being filed in the magistrate court as per Section 19.10.080. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 3, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-32(J))
Except as hereinafter provided, no building, structure, or premises shall be used and no building or structure or part thereof shall be constructed, altered, repaired, improved, moved, removed, erected, demolished, or materially altered except in conformity with these provisions and the provisions of the zone in which it is located. Any use that is not specifically allowed is prohibited. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(A))
(A) Permitted Uses. Those uses listed as permitted uses may be established within any zone district in which they are listed, subject to the specific requirements of this title. All other uses shall be prohibited except as otherwise provided in this title. Because no list of uses can be complete, decisions on specific uses not identified as permitted or conditional uses herein will be made by the planning and zoning director.
(B) Conditional Uses. Those uses listed as conditional uses shall require a conditional use permit in order to be established within the zone district in which they are listed, and shall be subject to all conditions imposed by the planning and zoning commission in connection with the conditional use permit. Because no list of uses can be complete, decisions on specific uses not identified as permitted or conditional uses herein will be made by the planning and zoning director.
(C) Accessory Uses. A use which is incidental, related, appropriate, and clearly subordinate to the principal use of the lot or building, and which does not alter the principal use of the lot or building, may be established within any given zone district after the issuance of a building permit for the principal use. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(B))
A permit may be issued for an accessory building and/or expansion of a permitted building on any lot which existed on the property prior to September 1, 1987, and which does not conform to the street access requirements in Section 19.25.050 if the property is otherwise in conformance with this and all other applicable codes. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(C))
No lot may be divided to create any lot that does not conform with these regulations or the subdivision regulations of the city. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(D))
(A) A development permit for a building, structure or use located on an undeveloped lot shall be issued only if the lot abuts a street. A development permit for a building or structure located on a residentially zoned lot that does not abut a street may be issued, provided the following conditions are met:
(1) The lot legally existed, or is restored to substantially the same condition to which it legally existed, prior to September 1, 1987.
(2) Access from a street over intervening lot(s) is provided by an access way having a minimum unobstructed width of twenty (20) feet, and the applicant has submitted evidence satisfactory to the planning and zoning director that the access way has been legally created in a manner which imposes upon the applicant and any intervening lot owners subject to the access way the obligation to keep open and maintain the access way. If documentation of the existence of the access way does not impose the responsibility for maintenance and a duty to keep the access way open upon the applicant and other affected owners, then the applicant shall record an acknowledgment in a form acceptable to the planning and zoning director that the city will not maintain the access way and that emergency service vehicles may not always be able to access the applicant’s lot.
(3) The applicant shall provide for future street access to the lot. If future street access to the lot is shown on the Show Low Master Street Plan, the applicant shall dedicate to the city sufficient land to create a street having a half right-of-way of twenty-five (25) feet on either side of the proposed street centerline. If future street access to the lot is not shown on the Master Street Plan, the applicant may be required to dedicate to the city sufficient land to create a street having a half right-of-way of twenty-five (25) feet on either side of the proposed street centerline to be determined by the city engineer. The applicant’s obligation to dedicate land for future street access is limited to land owned by the applicant. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(E))
(A) Application. No building shall be erected, nor shall any existing buildings 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 hereinafter designated for the zone in which such building or open space is located, except as otherwise specifically provided.
(B) Yards. Except as provided herein, 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. No yard or other open space provided about any building for the purpose of complying with the provisions of these restrictions shall be considered as a yard or open space for any other building; and no yard or other open space on one (1) lot shall be considered as a yard or open space for a building on any other lot.
(C) 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 (5) feet over any required yard; provided, that they shall be no closer than three (3) feet from any lot line.
(2) Architectural details such as cornices, sills, leaders, belt courses, cantilevered bay windows, fire boxes, similar ornamental features, and eaves may project not more than two (2) feet over any required yard; provided, that they shall be no closer than two (2) feet from any lot line.
(D) Patios and Steps. Unroofed terraces, decks, patios, steps or similar features not over thirty (30) inches in height above grade may project into a required side or rear yard; provided, that they shall be no closer than two (2) feet from any lot line. Encroachment into a required street yard setback may be permitted up to ten (10) feet or fifty (50) percent of required street yard setback, whichever is less.
(E) Accessory Buildings (Attached). A private automobile garage, carport or accessory building having any part of a wall in common with a dwelling shall be considered an integral part of the main building in determining yard, lot, and area requirements.
(F) Accessory Buildings (Detached) Including Garages and Carports. Any detached accessory building, garage or carport located in any zone shall not be located in the required street side setback. Allowed heights and setbacks are as follows:
(1) Detached accessory buildings located five (5) feet from any side or rear property line and meeting street side setbacks shall be limited to a maximum of fifteen (15) feet in height, or the height of the main structure, whichever is less.
(2) Detached accessory buildings shall be located a minimum of five (5) feet from any structure (measured from structure wall to structure wall).
(3) Detached accessory buildings may exceed fifteen (15) feet in height, provided they do not exceed the height of the main structure. Detached accessory buildings shall meet street side setbacks. Side and rear setbacks shall be equal to or greater than the height of the accessory building. Any encroachment into these permitted side and rear setbacks shall require a conditional use permit.
(4) Detached accessory buildings may exceed the height of the primary building but not exceed the maximum building height for that zone, provided they are located on a lot a half-acre in size or greater. Detached accessory buildings shall meet street side setbacks. Side and rear setbacks shall be equal to or greater than the height of the accessory building. Any encroachment into these permitted side and rear setbacks shall require a conditional use permit.
(5) Portable parking structures shall require the issuance of a City of Show Low building permit. No encroachment shall be permitted into any required yard setbacks.
(G) Temporary Accessory Structures. Including any detached portable shelter or temporary parking structure shall be permitted; provided, that required yard setbacks are met, as well as the following additional requirements:
(1) Temporary parking structures (without footings) shall not be permitted within a required front yard setback and shall be permitted after city staff approval of a site plan indicating proposed location (no building permit required); or
(2) Portable shelters may be located within a required front yard setback and shall be permitted for a period not exceeding seven (7) consecutive days. Extended periods of time may be permitted after city staff approval of a site plan indicating proposed location (no building permit required).
(H) Sea Containers (Utilized as Storage Units).
(1) Are permitted for temporary and permanent storage purposes in the I-1 and I-2 zoning districts, provided they are not placed within any required yard setbacks.
(2) Are permitted in any zoning district for a period of up to twelve (12) months for temporary storage in conjunction with a valid building permit. Sea containers placed prior to or without a valid building permit may be subject to enforcement, regardless of whether a building permit is issued after placement. May be approved as an accessory use for permanent storage purposes in commercial zoning districts through a conditional use permit. Placement in these districts requires a minimum one hundred (100) foot setback from any public right-of-way, and satisfactory screening.
(3) Are not permitted in any residential district except for a time period of up to twelve (12) months in conjunction with a valid building permit.
(I) Truck Bodies/Trailers (Utilized as Temporary Units). May be used for temporary purposes in any zoning district in conjunction with a valid building permit issued by the City of Show Low. In this instance placement shall be restricted to no longer than one (1) year, or the issuance of a temporary certificate of occupancy.
(J) Solar Units. Solar heating and solar cooling units, solar greenhouses and associated apparatus may, notwithstanding any other provisions of this title, be located in a rear or side yard; provided, that such apparatus does not cover more than thirty (30) percent of that side or rear yard and shall be no closer than two (2) feet to any lot line.
(K) Service Station Pumps. No automobile service station pump shall be located closer than twelve (12) feet to a street property line.
(L) Satellite Dishes. Satellite dishes over thirty (30) inches in diameter shall conform to the detached building setback requirements of the zone in which the satellite dish is located. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(F))
(A) 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.
(B) Exceptions. Height regulations established elsewhere in this title shall not apply:
(1) In any district, to church spires, belfries, cupolas and domes not for human occupancy; monuments; water towers; provided, that such structure 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.
(2) In any district, to radio antennas, television antennas and flagpoles, provided they are designed and installed according to the International Building Code requirements, and any other relevant regulations. Noncommercial radio or television antennas and flagpoles shall not exceed fifty (50) feet in commercial, industrial, and residential districts. Flagpoles over fifty (50) feet in commercial and industrial districts shall require a conditional use permit. Flagpole height shall be measured either from the ground directly adjacent to the flagpole base, or from the crown of the adjacent street, whichever is greater.
(3) In industrial districts, to chimneys, smokestacks, derricks, conveyors, grain elevators, or similar structures wherein the industrial process involved customarily requires a height greater than otherwise permitted; provided, that such structure 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. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(G))
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 (25) feet from their intersection, all fixtures, walls, fences, construction, hedges, shrubbery and other planting shall be limited to a height not over three (3) feet above the elevation of the street line level at the same intersecting streets except a reasonable number of trees pruned high enough to permit unobstructed vision to vehicular traffic. Within the said triangle, and in cases where front yards are terraced, the ground elevation of such front yards shall not exceed three (3) feet above the established street line elevation at the said intersecting streets.

(Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(H))
(A) Height. No solid, view-obscuring wall, fence or hedge over three (3) feet high and no chainlink or wire fence or similar open, non-view-obscuring fence over four (4) feet high shall be constructed or maintained nearer to the street line than the required front or street side building setback line, nor be more than six (6) feet in height in any rear or side yards. Height shall be measured from the crown of the adjacent road or the vertical distance from the natural grade of the property where the fence is located, whichever is greater. Fences may be built above these heights in the following situations:
(1) Around schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof;
(2) Within industrial zoning districts;
(3) When the planning and zoning commission and/or city council requires, as a condition of a conditional use permit or subdivision, a fence of greater height in order to provide adequate screening;
(4) Double fronting lots (excluding corner lots):
(a) A fence up to six (6) feet in height may be erected in the property’s rear yard as determined by the planning and zoning director; and
(b) The fence’s material, height, color and location in this circumstance must be approved by the planning and zoning director; or
(5) In commercial and industrially zoned property, fences may be constructed up to eight (8) feet in height. Barbed and razor wire is permitted only above the six (6) foot height limitation through a conditional use permit in any commercial or industrial zones.
(B) In any zoning district, barbed wire is permitted for the fencing of livestock.
(C) Materials and Design. Fences and walls in all zoning districts shall be constructed of conventional fencing material and maintained and kept in good repair. The planning and zoning director may permit any material as “conventional” upon a review of the product’s material and design.
(D) Swimming Pools and Other Bodies of Water.
(1) In all zoning districts, a swimming pool shall not be located in the required front yard, required landscaped areas or closer than five (5) feet from the water’s edge to any property line.
(2) All swimming pools shall be completely enclosed by a wall or fence not more than six (6) feet nor less than five (5) feet in height. Gates less than four (4) feet wide leading from the pool enclosure shall be self-closing and self-latching and shall be kept fully operational at all times. Gates four (4) feet wide or wider shall be kept locked at all times.
(3) In all residential districts, contained bodies of water, either above or below ground level, with the container being eighteen (18) or more inches in depth and/or wider than eight (8) feet at any point, measured perpendicular to the long axis, shall conform to the location and fencing requirements for swimming pools. Irrigation and storm water retention facilities, and the water features in public parks and golf courses, are exempt from the fencing requirements of this section.
(E) Storage Facilities. Where “storage facilities” are to be enclosed by a masonry wall or solid fence as required elsewhere in this title, such enclosure shall be considered adequate when constructed of masonry without aperture, excluding required gates, wood fence with no aperture, vinyl fencing with no aperture, or other material approved by the planning and zoning director. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(I))
(A) Prohibited Dumping. The use of land for the dumping or disposal of scrap iron, junk, garbage, rubbish, refuse, slag, petroleum products or industrial wastes or by-products and any other solid waste shall be prohibited in every district except as otherwise provided in this title. Disposal of household ashes shall be carried out in a manner so as not to constitute a hazard or nuisance. Ashes shall not be dumped on any public property or right-of-way.
(B) Clearing, Grubbing, or Grading. No clearing, grubbing, or grading shall take place without a valid building permit issued by the city. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(J))
With the exception of automobiles, trailers, motorcycles, manufactured homes, boats, motor homes, growing plants, nursery stock, Christmas trees, and service stations displaying new automotive and related items, outdoor storage shall not be allowed in a lot’s required front yard setback. All outdoor storage shall be screened by a six (6) foot-high solid masonry fence, or a fence or screening of a height and material as allowed or required by the planning and zoning commission. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(K))
(A) Storage. The owners and tenants of residentially zoned property may store, park or locate personal recreational vehicles such as but not limited to boat trailers, utility trailers, travel trailers or motor homes, provided they do not obstruct the view of oncoming traffic from vehicles entering a street at intersections and driveway entrances. Such recreational vehicles may not be rented or otherwise used for income purposes. Campers, motor homes, and travel trailers in conjunction with a residence may be inhabited for no more than fourteen (14) consecutive days, and no more than thirty (30) days in any one (1) calendar year. Inhabitation for this purpose may be defined as including, but not be limited to, connection to external fuel tanks or natural gas, skirting, or connection to water, sewer or natural gas exceeding thirty (30) days.
(B) Construction Office or Security Personnel Housing. A manufactured home or trailer may be allowed in any zone to conduct business or provide housing for security personnel, during the construction of a permanent building when a valid building permit is in effect. Such manufactured home or trailer shall be removed immediately after completion or stoppage of construction of the building. Such use shall be permitted for not more than one (1) year. Any extension beyond the initial one (1) year shall be by conditional use permit only.
(C) Maximum Vehicle Size. No vehicle having more than six (6) wheels may be parked or stored in a residentially zoned district except for deliveries or specific service calls, or personal recreational vehicles. Construction equipment and vehicles not customary to residential use are not allowed at nonconstruction sites in residentially zoned areas. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(L))
(A) A home occupation is any activity carried out for gain by a resident, conducted as an accessory use in the resident’s dwelling unit. Home occupations shall be permitted in any residential zone upon the issuance of a home occupation permit and a business license from the City of Show Low subject to the following requirements:
(1) The use of the dwelling for a home occupation shall not destroy or be incompatible with the residential character of the dwelling or the neighborhood.
(2) The home occupation shall be conducted only inside the dwelling or inside an accessory building or garage.
(3) No more than twenty-five (25) percent of the total floor area of the dwelling or garage shall be used for the home occupation. The total percentage of dedicated floor area may be increased through the approval of a conditional use permit.
(4) Stock, goods, and/or materials displayed or sold at the location of the home occupation shall not be visible from the boundaries of the property.
(5) No outdoor display or storage of materials, goods, supplies, or equipment shall be permitted in connection with a home occupation.
(6) Only one (1) sign, not to exceed eight and one-half (8-1/2) inches by eleven (11) inches, may be used to identify a home occupation. Said sign shall be placed within a window or flat against the wall of the residence to which the sign refers. There shall be no other advertising, display, or other evidence of a home occupation on the premises.
(7) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances where no home occupation exists. The business shall only be conducted by a resident or residents of the dwelling.
(8) A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located. Generally, no more than two (2) business visitors an hour or eight (8) a day, and no more than two (2) deliveries of products or materials per day, or ten (10) per week, excluding postal deliveries, are permitted. No semi-trailer deliveries are allowed.
(9) No business shall be conducted which requires delivery vehicles or other services not customary to a residence. Customary delivery vehicles include USPS, UPS, FedEx, DHL, and similar delivery vehicles.
(10) No on-street parking of business-related vehicles shall be permitted at any time.
(11) No parking spaces, other than driveways, may be located in the required front yard setback. Additional parking not customary to a residence is prohibited.
(12) Only refuse enclosures customary to a residence shall be permitted in conjunction with a home occupation. Refuse enclosures not emptied as part of a regularly scheduled residential refuse service shall be prohibited.
(13) All activities involving outside business visitors, clients, or deliveries shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(14) A home occupation permit is owner-specific and nontransferable. Any change in the nature of the home occupation, ownership or address will result in automatic termination of the permit. A new home occupation permit and business license will be required.
(15) No more than one (1) home occupation permitted per property or household.
(B) Because no list of uses can be complete, decisions on specific uses not included as examples on the following list of permitted uses will be made by the planning and zoning director.
The following uses are examples of allowable home occupations:
Accountant;
Arts and crafts;
Attorney;
Alterations;
Artists and sculptors;
Contractor offices (i.e., painting, cleaning, yard maintenance, building) but not including outside storage of equipment, materials or vehicles;
Counselors, psychological therapists, etc.;
Home marketing (e.g., Amway, Mary Kay, Tupperware, etc.) and mail order marketing of items;
Home office uses including financial services, architectural/drafting/engineering services, data/word processing, billing services and similar uses;
In-home childcare, but not more than five (5) children at a time, including the caregiver’s own preschool-aged children;
Licensed massage therapists;
Insurance agents;
Musical instruction;
Noninvasive medical practices such as cranial sacral therapy and acupuncture;
Tutoring of all types, but limited to four (4) pupils at one (1) time;
Other similar uses as approved by the planning director.
(C) The following uses are examples of home occupations which are not allowed:
Animal grooming, kennels;
Antique sales;
Barber and beauty shops;
Catering establishments (i.e., businesses providing contract services consisting of food and banquet preparations prepared internally, requiring a commercial kitchen and delivered to customers off the premises);
Commercial greenhouses or nurseries;
Invasive medical/dental procedures;
Microschools exceeding tutoring allowances outlined above;
Tanning salons;
Vehicle repair/mechanic’s garages and automobile detailing. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(M))
See Title 5, Animals. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(N))
Temporary uses are those uses that occur for a specified time period from either a temporary structure or temporary location, e.g., carnivals, circuses, rodeos, swap meets, special events and similar activities.
(A) A temporary use permit shall be obtained from the planning and zoning director in accordance with the following:
(1) The planning and zoning director shall obtain the approval of the fire department and police department to ensure that land area is adequate for the proposed use and related parking and to ensure that traffic safety is considered.
(2) Approval of the Navajo County health department may be required when food sales are involved.
(3) The planning and zoning director shall require any measures necessary to protect surrounding property and may deny the temporary use if found to be detrimental to the public health, safety, peace, convenience, comfort and general welfare of persons residing or working in the neighborhood of such proposed temporary use.
(4) The planning and zoning director shall ensure that adequate sanitary facilities are available.
(5) The planning and zoning director shall ensure that written authorization of the property owner has been obtained for the proposed temporary use.
(B) Upon filing an application for a temporary use, the applicant shall pay a filing fee in an amount established and adopted by resolution of the council and filed in the office of the city clerk. No part of the filing fee shall be refunded. Payment of filing fee shall be waived when the applicant is the city, county, state, federal government or a nonprofit organization. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(O))
Garage sales are permitted without special permit provided they meet the following standards:
(A) Sales last no longer than three (3) days.
(B) Sales are held no more than three (3) times yearly.
(C) Sales are conducted on the owner’s property. Multiple-family sales are permitted if they are held on the property of one (1) of the participants.
(D) No goods purchased for resale may be offered for sale.
(E) No consignment goods may be offered for sale.
(F) All directional and advertising signs shall be freestanding and removed after completion of the sale.
(G) All directional and advertising signs placed on private property shall have the owner’s permission. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(P))
(A) A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-family dwellings, multiple-family dwellings of less than four (4) units, and manufactured homes in every zoning district, or where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall comply with the following regulations:
(1) Construction. Trash enclosures shall be so constructed that contents are not visible from a height of five (5) feet above grade from the public right-of-way or any abutting street or property, and shall be constructed of a sight-obscuring material acceptable to the planning and zoning director, with solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be of sufficient height to conceal contents including containers, but in no case shall be less than four (4) feet in height above grade. Gates shall be solid or baffled, equal in height to the enclosure and equipped with latches to ensure closure when not in use.
(2) Location. Trash enclosures shall not be located in any required front or side yard without the approval of the planning and zoning director.
(B) Recycling drop-off containers in accordance with the following:
(1) Shall be allowed only in manufactured home parks, R.V. parks, commercial or industrial areas in conjunction with an existing business.
(2) Shall not occupy an area of more than one hundred (100) square feet and shall not interfere with parking and maneuvering requirements of the principal use.
(3) Shall be set back at least ten (10) feet from any property line and shall not obstruct pedestrian or vehicular circulation.
(4) Shall be constructed and maintained of durable materials and be maintained in a clean, litter-free condition on a daily basis. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(Q))
See Title 14. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(R))
Any permitted or conditional use must conform to the following performance standards. In conjunction with the plan review and development review processes, the developer-applicant shall provide to the planning and zoning director information that is sufficient to show that the proposed use and the manner of its conduct will meet these performance standards.
(A) Noise.
(1) Unless otherwise defined herein, all terminology shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
(2) Instrumentation used in making sound level measurements shall be a sound level meter with an A-weighting scale, associated octave band filters, and windscreen for outdoor use. The instrument shall be manufactured in accordance with ANSI standards. Measurement shall be made using a flat network of the sound level meter.
(3) Maximum Permissible Sound Levels by Receiving Land Use.
(a) The noise standards for the various categories of land use as presented in Table I and set forth in terms defined shall, unless otherwise specifically indicated, apply to each property or portion of property substantially used for a particular type of land use reasonably similar to the land use types shown in Table I. Where two (2) or more dissimilar land uses occur on a single property the more restrictive noise limits shall apply.
(b) Where doubt exists when making identification of receiving land use, the planning and zoning director may make an interpretation.
(c) No person shall operate or cause to be operated any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level to exceed the environmental and/or nuisance interpretation of the applicable limits given for the receiving land use category in Table I.
(d) Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected.
(4) Corrections to Exterior Noise Level Limits.
(a) If the noise is continuous, the equivalent continuous noise level (Leq) for any hour will be represented by any lesser time period within the hour. Noise measurements of a few minutes only will thus suffice to define the noise level.
(b) If the noise is intermittent, the Leq for any hour may be represented by a time period typical of the operating cycle. Measurement should be made of a representative number of noisy/quiet periods. A measurement period of not less than fifteen (15) minutes is, however, strongly recommended when dealing with intermittent noise.
(c) If the measured ambient level exceeds that permissible in Table I, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating.
I. Exterior Noise Limits
Noise Level (dBA) | ||
|---|---|---|
Receiving Land Use Category | 10:00 p.m. to 7:00 a.m. | 7:00 a.m. to 10:00 p.m. |
Residential | 62 | 70 |
Commercial | 65 | 72 |
Industrial | 70 | 85 |
(5) Noise Level Adjustments.
The maximum permissible daytime noise levels listed are subject to the following adjustments for duration:
Noise has an “on time” of no more than: | And p.m. “off time”* between successive “on times” of at least: | |
|---|---|---|
0.5 minutes | 1/2 hour | ) |
5.0 minutes | 1 hour | ) Add 7 dBA ) to permitted level |
10.0 minutes | 1 hour | ) ) |
20.0 minutes | 4 hours | ) |
*“Off time” is when the level of the primary noise being measured does not exceed that of the background noise in any octave band.
Notwithstanding the above regulations, any noise which is considered offensive to a reasonable person may be determined to be in violation of these regulations.
(6) Exemptions. The following activities or sources are exempt from these noise standards:
(a) Activities covered by the following: emergency signaling devices, air conditioning and air handling equipment for residential purposes, refuse collection vehicles.
(b) The unamplified human voice.
(c) Aircraft operations.
(d) Construction or routine maintenance of public service utilities.
(e) House of worship bells or chimes.
(f) The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
(g) Special events which are conducted pursuant to a temporary use permit issued by the city in accordance with Section 16.05.050; provided, that all terms and conditions of the temporary use permit are complied with, including, but not limited to, terms and conditions relating to noise restrictions.
(7) Preexisting Uses Not in Conformance. Where an industry or commercial business has established its use away from other incompatible uses and subsequently, through the encroachment of development, now finds itself adjoining a receiving land category which would require a reduction in noise generation, said industry or commercial business shall not emit a noise which exceeds the maximum noise limitations for the receiving land use category by more than ten (10) decibels.
(B) Smoke. No emission of smoke from any source shall be permitted to exceed a greater density than that density described as No. 1 of the Ringelmann chart. However, smoke may be emitted, which is equal to but not darker than No. 2 on the Ringelmann chart, for not more than four (4) minutes in any thirty (30) minute period. For the purpose of grading the density of smoke, the Ringelmann chart, as published by the U.S. Bureau of Mines, shall be the standard.
(C) Glare or Heat. Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard along lot lines.
(D) Vibration. No vibration shall be permitted which is generally and readily discernible beyond the lot line to a reasonable person for three (3) minutes or longer duration in any one (1) hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or for thirty (30) seconds or longer duration in any one (1) hour during the hours of 7:00 p.m. to 7:00 a.m.
(E) Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause damage to health, to animals, or vegetation, or other forms of property, or which can cause any excessive soiling.
(F) Liquids and Solid Waste. No wastes shall be discharged in the public sewage system that endanger the normal operation of the public sewage system.
(G) Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive or in such a manner as to create a nuisance or hazard beyond the property lines. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(S))
(A) Location. Campgrounds shall be allowed only in zones that specifically permit or conditionally permit such use.
(B) Staff Review. Campgrounds shall require approval by the staff in accordance with the provisions of Chapter 19.15 and Section 19.25.220. Staff shall ensure adequate provision of streets, driveways, walkways, proper layout of campground, proper sanitary facilities, adequate fire protection, adequate protection of surrounding properties, adequate water supply and compliance with the provisions of this title and all other ordinances and codes of the City of Show Low.
(C) Improvements. No permanent structures shall be permitted on any campground site.
(D) Site Specifications.
(1) Sites must be clearly defined, well drained, and reasonably level.
(2) Each tent site must be no less than nine hundred (900) square feet in area.
(3) All other sites must be no less than one thousand two hundred (1,200) square feet in area, and shall be designed to allow a minimum of fifteen (15) feet between adjoining recreational vehicles.
(4) All campground sites shall maintain minimum frontages of twenty-five (25) feet.
(5) Fire ring design, location and placement/installation shall be approved by the Show Low fire district.
(E) Office and Registration Facilities. Each campground must provide an adequate and easily identifiable office or registration area. Registration facilities must be located so as not to interfere with the normal flow of traffic in and out of the campground.
(F) Maintenance. Campgrounds must be well maintained in all areas. This includes the grounds, restroom facilities, buildings and any recreational space and equipment. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(T))
(A) Location. Recreational vehicle parks shall be allowed only in zones that specifically permit or conditionally permit such use.
(B) Staff Review. Recreational vehicle parks shall require approval by the staff in accordance with the provisions of Chapter 19.15 and Section 19.25.220. Staff shall ensure adequate provision of streets, driveways, walkways, proper layout of recreational vehicle park, proper sanitary facilities, adequate fire protection, adequate protection of surrounding properties, adequate water supply and compliance with the provisions of this title and all other ordinances and codes of the City of Show Low.
(C) Time Limit. Recreational vehicle park placements may be permanent; provided, that all placements comply with this title and applicable building codes as adopted by the City of Show Low.
(D) Improvements. No structures shall be permitted in any required separation distance as required by this section.
(E) Site Specifications.
(1) Sites must be clearly defined, well drained, and reasonably level.
(2) Each recreational vehicle site must be no less than one thousand four hundred (1,400) square feet in area.
(3) All recreational vehicle placements (as well as any permanent additions or accessory structures) shall be required to maintain minimum separation distances:
(a) A minimum of ten (10) feet between any permanent placements or accessory structures;
(b) A minimum of ten (10) feet from any private roadway; and
(c) A minimum of twenty (20) feet from any public right-of-way.
(4) Fire ring design, location, and placement/installation shall be approved by the Show Low fire district.
(F) Recreational Space Requirements. Recreational vehicle parks shall be required to provide recreational space per Section 19.55.040(K).
(G) Office and Registration Facilities. Each recreational vehicle park must provide an adequate and easily identifiable office or registration area. Registration facilities must be located so as not to interfere with the normal flow of traffic in and out of the park.
(H) Maintenance. Recreational vehicle parks must be well maintained in all areas. This includes the grounds, restroom facilities, buildings and any recreational space and equipment. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(U))
(A) Purpose. Trees are recognized as providing very tangible benefits that promote the health, safety, and general welfare to residents of Show Low. Trees are a particularly valuable resource in retaining the attractiveness of Show Low’s commercial corridors, thereby increasing and enhancing the economic development and quality of life in these areas. Healthy trees serve as a natural buffer zone between traffic generated by these businesses and the streets that serve them. In addition, trees help enhance the visual and aesthetic qualities that attract visitors and businesses to these commercial corridors, as well as the entire city. Healthy trees reduce air and noise pollution, enhance aesthetics and property values, and are an important contributor to Show Low’s image, pride, and quality of life. It is the intent of this chapter to prevent the unnecessary removal of trees while allowing for a collaborative process between the city and developer which can take into account flexibility and interpretations of existing code requirements, i.e., parking, landscaping, setbacks, etc. It is not to be interpreted as an expansion of landscaping requirements.
(B) Definitions.
Diameter at breast height (DBH): The diameter of the tree’s trunk, measured four (4) feet, six (6) inches from the base of the tree.
Remove or removal: The actual extraction of a tree, except for transplanting to a location on the same lot or parcel, by digging up, cutting down, or the effective destruction through damage.
Tree(s): Any self-supporting, woody plant of a species which normally grows at maturity to an overall height of a minimum of ten (10) feet, and is six (6) inches or greater in diameter at a height of four (4) feet, six (6) inches from the ground.
Visual corridor: The visual attributes, both natural and built, as seen by an individual at a given location.
(C) Applicability. Except for forest health activities, no person, entity, or corporation or any subsequent successors to said lot or parcel shall remove or cause to be removed or intentionally destroy any trees of six (6) inches in diameter or greater, measured at diameter at breast height (DBH), from a developed or undeveloped lot or parcel zoned R2-7, commercial or industrial without first obtaining approval from the planning and zoning department, except when necessary for the construction of streets, driveways, utility lines, and structures approved in a previously obtained building permit. Forest health activities include removal of dead, diseased, or dying vegetation, removal of trees in accordance with approved forest health grants, removal of trees in accordance with nationally recognized thinning standards, or removal of trees in accordance with fire marshal requirements. Any forest health activities shall be approved by city staff prior to commencement of removal activities. For any existing lot or parcel or once a site plan has been approved on a developed or undeveloped lot or parcel, any subsequent modifications shall require similar approval. Any decision is binding on the property.
Requests for tree removal may be filed independently or in conjunction with the plan review process for a development. The tree removal plan shall be reviewed by the property owner or designee and the planning and zoning director. In the event the joint committee cannot agree upon the proposed tree removal plan, a mutually agreed upon third party shall be called upon to assist the other parties in developing a satisfactory solution. Upon receipt of a request for tree removal, the joint committee shall consider such request within three (3) working days. If the joint committee is satisfied that the applicant’s proposal is not detrimental to the subject lot or parcel or adjacent parcel(s), then approval shall be granted. The applicant shall begin to remove the trees cut down from the subject property within fifteen (15) days and shall complete the tree removal process within thirty (30) days.
The joint committee shall consider the following in addition to the application submittal requirement:
(1) Whether the tree(s) is located in an area where a structure or improvements will occur or prevention of removal would restrict economic enjoyment of the property. The siting of a proposed development should be situated so as to avoid mass removal or clearing of trees and, where possible, take advantage of natural tree stands to the best extent possible.
(2) The tree(s) is diseased, injured, in danger of falling too close to existing or proposed structures, interferes with the growth of other trees, creates unsafe line-of-sight clearances, or conflicts with other ordinances or regulations.
(3) Proposal, if any, of new tree plantings or other landscaping plans.
(D) Application Submittal. Applications shall be submitted to the planning and zoning director by the property owner or designee prior to the removal of any trees. The applicant shall provide:
(1) Name and address of owner and property location.
(2) A diagram or site plan generally identifying the number, location, diameter, and species of tree(s) proposed for removal. In addition, the relationship between location of existing and/or proposed buildings and property lines in relation to the tree(s) proposed for removal.
(3) A statement as to the reason for the request.
(4) No fee shall be charged.
(E) Appeals. Any party who is dissatisfied or aggrieved by the decision of the joint committee may appeal such decision to the city council at their next scheduled meeting. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-44(V))
(A) A guest unit may be utilized in conjunction with a single-family residence as a permitted use within any residential zoning district subject to the following:
(1) The guest unit shall be constructed as part of the principal residence and shall not alter the character of the primary dwelling unit or adversely affect other properties within the district.
(2) The guest unit shall be limited to a maximum of twenty-five (25) percent of the gross floor area of the principal residence or nine hundred fifty (950) square feet, whichever is greater.
(3) Both the principal and the guest unit shall be served by common single electric and water meters.
(4) Both the principal residence and the guest unit shall be served by a shared driveway.
(5) A maximum of one (1) guest unit per lot is allowed.
(6) The guest unit shall conform to all development standards of the zoning district in which it exists, including primary residence setbacks.
(7) The guest unit shall only be occupied if the owner of the principal unit resides on site.
(B) Attached and detached guest houses shall require a conditional use permit in all residential zoning districts. A maximum of one (1) dwelling unit per property may be utilized for income purposes. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(W))
(A) Murals shall be permitted in all commercial and industrial zoning districts through a conditional use permit. Murals are permitted on the nonprimary facade of a building. A primary facade is defined (for purposes of this section) as the building elevation that faces the adjacent street right-of-way from which the building is addressed.
(1) Mural Types. Murals which are historic or cultural in nature are encouraged. Murals meeting the following description are not permitted:
(a) Murals or other representations which imitate or appear to imitate any official traffic sign or device that appears to regulate or direct the movement of traffic or that interferes with the proper operation of any traffic sign or signal, or that obstructs or physically interferes with a motor vehicle operator’s view of approaching, merging, or intersecting traffic.
(b) Murals with moving parts, including solar-, wind-, or water-driven devices.
(c) Murals affixed, applied, or mounted above, upon, or suspended from any part of the roof of a structure.
(d) Murals that project from the wall surface, other than the minimum necessary protrusion to mount the mural to the wall or structure.
(e) Murals containing any depiction of activity of drug use, gang affiliation symbols, or any other depiction of activities prohibited by federal, state, or local requirements.
(f) Murals containing obscene content. For purposes of this section, any material is obscene if applying contemporary community standards:
(i) The predominant appeal is to a prurient interest in sex; and
(ii) The average person would find the material depicts or describes sexual content in a patently offensive way; and
(iii) A reasonable person would find the material lacks serious literary, artistic, political, or scientific value.
(2) Standards – Surface Preparation. Sand and high-pressure water blasting are not permitted as a cleaning process for either surface preparation or for mural maintenance purposes on any building eligible for inclusion on the State or National Register of Historic Buildings. Only treatments that do not cause damage to historic materials shall be utilized.
(3) Maintenance. The mural shall be kept in good condition for the life of the mural according to the maintenance schedule and responsibilities approved by the planning and zoning commission. The display surface shall be kept clean and neatly painted and free from corrosion. Any mural that is not maintained, faded, or is in disrepair shall be ordered removed or covered with opaque paint, similar to the primary building materials/colors or other appropriate material approved by the planning and zoning commission.
(4) Design Standards.
(a) The proposed mural will not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic; and
(b) The location, scale, and content of the mural shall be in keeping with and enhance the building or structure on which it is located; and
(c) The proposed mural is well integrated with the building’s facade and other elements of the property and enhances the architecture or aesthetics of a building or wall; and
(d) The proposed mural, by its design, construction, and location, will not have a substantial adverse effect on abutting property or the permitted use thereof; and
(e) The proposed mural is not detrimental to the public health, safety, or welfare; and
(f) The mural will not have a detrimental effect on the structural integrity of the wall on which it is applied/affixed; and
(g) The maintenance schedule is reasonable for the mural and the building on which it is applied/affixed; and
(h) Colors shall be limited to muted tones, and no fluorescent, metallic, or reflective finishes shall be permitted.
(5) Mural Permit. Murals may be installed following approval of a conditional use permit.
(6) Application Requirements. A permit application shall contain, but not be limited to, the following information:
(a) Site plan showing the lot and building dimensions and indicating the proposed location of the mural.
(b) Pictures of the building elevations.
(c) A scale drawing and color photo of the building elevation showing the proposed size and placement of the mural.
(d) A colored drawing of the proposed mural. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(X))