A.   Usage: For purposes of this Ordinance, certain terms, phrases, words, and their derivatives shall be construed as specified herein. The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The words "used", or "occupied", include the words "intended", "designed", or "arranged to be used or occupied". The word "shall" is mandatory, and the word "may" is permissive, except when used in the negative. When not inconsistent with the context, the present tense includes the future, the singular includes the plural, and the plural includes the singular.

   B.   Undefined Terms: Where terms are not defined, they have their ordinarily accepted meanings within the context with which they are used. Webster's New World Dictionary of American English, copyright 1991, provides the ordinarily accepted word meanings referred to above. (Ord. 132, 6-10-1997)

A.R.S.: The Arizona Revised Statutes.

ACCESSORY STRUCTURE OR USE: A subordinate structure or use, not used as living quarters and not including kitchen or sleeping facilities, customarily incidental to and located on the same lot occupied by a principal use or structure. Accessory uses are permitted in all zones and a home occupation may be accessory to any residential use.

ADULT ARCADE: Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".

ADULT BOOKSTORE: A commercial establishment which as one of its principal business purposes offers for sale or rental, for any form of consideration, any one or more of the following:

   A.   Books, magazines, periodicals or other printed matter, or photographs, films, computer simulations, holograms, motion pictures, videocassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

   B.   Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".

ADULT CABARET: A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

   A.   Persons who appear in a state of nudity; or

   B.   Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

   C.   The display of films, motion pictures, computer simulations, holograms, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

ADULT MOTEL: A hotel, motel, or similar commercial establishment which:

   A.   Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, computer simulations, holograms, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or

   B.   Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

   C.   Allows a tenant or occupant of a sleeping room to subagent the room for a period of time that is less than ten (10) hours.

ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, holograms, computer simulations, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown or displayed which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

ADULT ORIENTED BUSINESS: An adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, adult video store, escort agency, nude model studio, or sexual encounter center.

ADULT THEATER: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or in live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".

ADULT VIDEO STORE: See definition of Adult Bookstore.

BASEMENT: Any floor level below the first story in a building, except that a floor level in a building having only one floor shall be classified as a basement, unless such floor level qualifies as a first story. A basement is considered a story if its ceiling is more than five feet (5') above the average established grade of its perimeter, or if it is used for residential or business purposes by other than janitors or domestic servants in the same building.

BOARD: Town of Snowflake Town Council which is also designated as the Snowflake Town Board of Adjustment.

BOARDING HOUSE: A building where, for compensation and by prearrangement for definite long-term periods, lodging and meals are provided for three (3) or more, but not exceeding twenty (20) persons.

BUILDABLE AREA: That portion of a lot or parcel within the required front, rear and side yard setbacks which is available for the construction of structures.

BUILDING: A structure having a roof supported by columns or walls for housing, shelter, or enclosure of persons, animals, or property of any kind.

BUILDING HEIGHT: The vertical distance to the level of the highest point of the building wall, if the building has a flat roof, or to the highest point of the roof, if the roof is of any other type, measured from the natural grade, or from the average level of the finished ground surface across the front of the building.

BUILDING, MAIN: A building in which the principal use on a lot is conducted; in any residential zone, any dwelling is considered a main building on the lot on which it is situated.

COMMISSION: The town of Snowflake planning and zoning commission.

COUNCIL: The Snowflake town council, which also serves as the Snowflake board of adjustment.

DEVELOPMENT PLAN: A town approved plan for the development of a property.

DWELLING: A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.

DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

ESCORT: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

FACTORY BUILT BUILDING: A residential or nonresidential building meeting the requirements of the uniform building code (UBC), including a dwelling unit or habitable room thereof which is either wholly or in substantial part manufactured at an off site location to be assembled on site, except that it does not include a "manufactured home", a "recreational vehicle", or "mobile home", as defined herein. Also referred to as a "modular building".

FAMILY: An individual, or two (2) or more individuals related by blood, marriage, or adoption, or a group not exceeding six (6) unrelated individuals living together as a single housekeeping unit.

FLOOR AREA: The sum of the gross horizontal areas of every floor of all buildings on a lot measured from the exterior faces of the exterior walls, or from the center line of walls separating buildings, not including any space devoted to parking or loading and unloading, but including elevator shafts, basements and the following areas if they have headroom of seven feet (7') or more: stair wells at each floor, floor space used for mechanical equipment, penthouses, attic space (whether or not a floor has actually been laid), interior balconies, mezzanines and enclosed porches.

HOME OCCUPATION: An accessory use which involves a business, occupation, or commercial activity undertaken within a residential structure that is incidental and secondary to the use of that structure as a dwelling unit:

   A.   Intent And Purpose: The town of Snowflake desires to enable its residents to use their residence for home occupation activities and to protect surrounding areas from potential adverse impacts generated by business activities. The action of approving a home occupation contains a finding that the use will not generate impacts different from the use of the property as a residential dwelling unit.

   B.   Licensing And Inspections: A home occupation must secure and maintain a Snowflake business permit and a transaction privilege tax license from the Arizona department of revenue. As a condition of issuing and maintaining a business permit, a home occupation permittee must allow inspections to be conducted by representatives of the town to verify compliance with standards and limits prescribed by this code. Such inspections shall occur between the hours of eight thirty o'clock (8:30) A.M. and four thirty o'clock (4:30) P.M. and only upon twenty four (24) hours' written notice to the permittee.

   C.   Use Of Residence: A home occupation must be conducted within the principal residential structure and permitted accessory structures. Only an occupant-owner or occupant-lessee of a premises may own and operate a home occupation. The use must not change the character of the structure, with no outdoor business activities or outside storage permitted on premises.

   D.   Prohibited Home Occupations: The list of prohibited uses in a residential zoning district include, but are not limited to:

      1.   Motor vehicle repair services;

      2.   Kennels, stables, pet grooming services, veterinarian clinics;

      3.   Medical and dental clinics;

      4.   Restaurants, clubs and drinking establishments;

      5.   Undertaking and funeral parlors;

      6.   Adult entertainment establishments, adult retail establishments, adult theaters;

      7.   Taxi services, transit, express mail or package carriers;

      8.   Storage of firewood for sale.

   E.   Home Occupation Operational Standards:

      1.   Operating Limits: No visible or audible indications of business activities, other than those typical of a residential dwelling unit, shall be permitted before eight o'clock (8:00) A.M. or after eight o'clock (8:00) P.M.

      2.   Advertising: Advertising signs on the exterior of the premises of a home based business are prohibited, except for a single sign in a window not exceeding two (2) square feet in size and/or identification signs (permanent or magnetic) on two (2) operable motor vehicles that may be parked on the premises.

      3.   Vehicles:

         a.   No person operating a home occupation shall use or cause delivery vehicles to visit their premises, except for passenger vehicles, mail carriers and express carriers, such as vehicles used by United Parcel Service, and Federal Express. Business deliveries by semitractor trailers are prohibited.

         b.   Home occupations are not required to provide parking beyond what is required for residential use, but on street parking is prohibited.

         c.   A home occupation shall be limited to the parking or storage of two (2) vehicles and two (2) empty or enclosed trailers on the premises to be used in the business. Vehicles, excluding trailers, may not exceed a one ton capacity.

      4.   Employees: A home occupation shall have no more than one nonresident employee on the premises at any time, unless they are there to pick up a paycheck, which should occur no more frequently than once a week.

   F.   Enforcement:

      1.   The town of Snowflake will not enforce subdivision covenants, conditions and restrictions that may be more or less restrictive than standards and limits prescribed by this code. Subdivision covenants, conditions and restrictions are terms of contracts between private property owners. CC&Rs and provisions of this code are independently enforceable against the property owner in a court of jurisdiction.

      2.   Complaints alleging violations of home occupation standards and limits prescribed by this code shall be submitted to the planning and zoning department in writing for potential enforcement action.

      3.   The town will attempt to hold the identity of complainants confidential unless court enforcement is necessary. In a court proceeding, the complaining party usually must be made known to the offending party and subpoenaed as a witness in court, where he or she may be confronted and cross examined.

      4.   If it is determined that a business, due to its noncompliance with the above provisions, does not meet or no longer meets the definition of a "home occupation", then said business shall be subject to all other applicable provisions of the town code, to include, but not be limited to, title 3 of this code and this title.

HOUSEHOLD: An individual or two (2) or more persons related by blood, marriage or adoption and usual servants, living together as a single housekeeping unit in a dwelling unit; or a group of not more than six (6) persons who need not be related living together as a single housekeeping unit.

KENNEL: Any establishment at which five (5) or more dogs, cats, or other domestic pets are bred or raised for sale or boarded, cared for, commercially, or on a nonprofit basis; not including establishments which are primarily intended to provide animal dental, medical or surgical care, or quarantine quarters.

LAND DEVELOPMENT: The division of land into lots or parcels, the construction of structures, or initiation of a use on a property.

LODGING, HOUSE: A building where, for compensation and by prearrangement for definite long term periods, lodging only is provided for three (3) or more, but not exceeding twenty (20) persons.

LOT: Any lot, parcel, property, or tract of land, or combination thereof, shown on a recorded subdivision plat or having a deed recorded by metes and bounds description.

LOT, CORNER: A lot abutting two (2) intersecting streets where the interior angle of intersection does not exceed one hundred thirty five degrees (135°). The shorter of the two (2) street frontages of such lots is the front of the parcel.

LOT COVERAGE: The percentage of the area of a lot which is occupied by covered structures.

LOT DEPTH: The shortest horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line.

LOT, INTERIOR: Any lot which is not a corner lot.

LOT LINE, FRONT: The front lot line is the line demarcating the separation between the street right of way and the front yard of the lot. On corner lots, the shorter frontage is the front of the lot.

LOT LINE, REAR: The rear line of a lot is a dividing line between two (2) lots, or between a lot and an alley, provided the alley runs generally parallel to the front lot line.

LOT LINE, SIDE: Any lot line which is not a front or rear lot line; a line dividing a lot from an adjacent lot.

LOT SIZE: The area contained within the lines separating a property from other ownerships.

LOT WIDTH: For rectangular lots, lots whose side lot lines are not parallel, and lots on the outside of the curve of a street, the distance between the side lot lines measured at the required minimum front yard line on a line parallel to the street or street chord; and for lots on the inside of the curve of a street, the distance between side lot lines measured thirty feet (30') behind the required minimum front yard line on a line parallel to the street or street chord.

MANAGER: The town of Snowflake town manager or his designee, who is also designated as the town of Snowflake hearing officer (pursuant to Arizona Revised Statutes, section 9-462.06(A)).

MANUFACTURED HOME: A structure, as further defined in Arizona Revised Statutes, section 41-2142(23), built in accordance with the HUD act of 1974, as amended, at a site other than where it is intended to be used; as opposed to a "factory- built" building, or "modular" building, which is constructed in accordance with the uniform building code. Manufactured homes are built on a permanent chassis, capable of being transported in one or more sections, and designed to be used with, or without, a permanent foundation as a dwelling when connected to on site utilities. A "manufactured home" is not a "mobile home", a "recreational vehicle", or a "factory built building", as defined herein.

MANUFACTURED HOME PARK: A parcel of land under single ownership on which three (3) or more manufactured homes are occupied as residences, regardless of whether or not a charge is made for use of the property. In addition to manufactured homes, such parks may include facilities intended to serve the needs of persons residing within the park and buildings and structures customarily incidental to the residential use of the property, including such things as storage sheds, carports, swimming pools, awnings, and garages.

MANUFACTURED HOME SPACE: An area within a manufactured home park designed for the accommodation of one manufactured home together with its accessory structures.

MOBILE HOME: A structure, as further defined in Arizona Revised Statutes, section 41-2142(25), built prior to June 15, 1976, on a permanent chassis, capable of being transported in one or more sections, and designed to be used with or without a permanent foundation as a dwelling when connected to on site utilities. Mobile homes are not permitted in the town of Snowflake.

MODULAR BUILDING: A uniform building code "factory built building".

NONCONFORMING USE: The lawful use of any building or lot existing on the effective date of the ordinance codified herein, or amendments thereto as they become effective, which does not conform to the use regulations of the zone in which it is located.

NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration. A nude model studio does not mean a modeling class, or the facility for such class, operated:

   A.   By a proprietary school licensed by the state of Arizona; a college, junior college, or university supported entirely or partly by taxation;

   B.   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

   C.   In a structure:

      1.   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

      2.   Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

      3.   Where no more than one nude model is on the premises at any one time.

NUDITY OR A STATE OF NUDITY: The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

PARKING SPACE: A permanently surfaced area, enclosed or open, of not less than nine feet (9') in width and having an area of not less than one hundred eighty (180) square feet accessible to a street or alley and permitting ingress and egress of an automobile.

PERSON: An individual, proprietorship, partnership, corporation, association, or other legal entity.

RECORDED: Recorded with the county recorder.

RECREATIONAL VEHICLE: A vehicular type of unit, as defined in Arizona Revised Statutes, section 41-2142.30 which is:

RECREATIONAL VEHICLE PARK: A property under single ownership on which three (3) or more recreational vehicles are occupied as temporary residences, regardless of whether or not a charge is made for such residency. Such parks may include a park office, recreational facilities, enclosed areas for maintenance of equipment and facilities, a convenience store to serve the needs of the residents, and other structures customarily incidental to the principal use, including storage sheds and garages.

RESIDENTIAL DISTRICT: The general agricultural, single- family, multiple-family residential, and residential transitional zones of this ordinance or their successors.

RESIDENTIAL TREATMENT CENTER: A facility providing structured treatment with daily twenty four (24) hour supervision for clients who require extensive therapeutic counseling and activity, staff supervision, training, in activities of daily living or support and assistance.

SEMINUDE: A state of dress in which opaque clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

   A.   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

   B.   Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.

SIGN: Any device for visual communication, including part or all of any structure, or natural object, that is used for the purpose of bringing the subject concerned to the attention of the public, but not including any sign of any governmental agency, or any flag, badge or insignia of any governmental, civic, charitable, religious, patriotic, fraternal, or similar organization.

SIGN, FREESTANDING: Any nonmovable sign not affixed to a building and mounted on its own self-supporting frame, including the following types:

   A.   Ground: Any freestanding sign, other than a pole sign, placed upon or supported by the ground independent of any other structures except footings.

   B.   Pole: Any freestanding sign that is mounted on a pole or other support so that the bottom edge of the sign face is six feet (6') or more above grade.

SIGN, OBSOLETE: Any sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product, activity, or product available on the premises where such sign is displayed.

SIGN, OFF-PREMISES: A sign which directs attention to a business, commodity, service, entertainment establishment, or other activity or phenomenon not exclusively related to the premises on which the sign is located.

SIGN, ON-PREMISES: A sign which directs attention to a business, profession, or activity conducted on the property on which the sign is located.

SIGN, PORTABLE: A sign that is not permanent, affixed to a building, structure or the ground.

SIGN, TEMPORARY: A sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time.

SIGN, WALL: A sign fastened to or painted on a structure in such a manner that the structure becomes the supporting structure for, or forms the background surface of the sign, and which does not project more than twelve inches (12") from the surface of such structure.

SITE PLAN, SCALE DRAWN: A drawing showing the proposed use of a property including:

   A.   Vicinity map showing the property in relation to known area landmarks and adjacent uses.

   B.   Topography showing contour lines for existing and proposed elevations at one foot (1') intervals; lesser intervals may be authorized by the Town Engineer in areas of steeper grades.

   C.   Natural drainage and proposed stream flow showing finished floor elevations above the 100-year flood elevation.

   D.   Legal description including all contiguous property under the same ownership.

   E.   Location of all existing and proposed outdoor lighting fixtures, fences, walls, signs, patios, pools, outdoor play areas, service areas for mail delivery, trash disposal, etc., utilities, fire hydrants (especially the location of the nearest existing hydrant), easements, septic disposal and parking areas and structures showing heights and distances between structures and distances between structures and lot lines.

   F.   Calculation of percentage of property to be covered by structures and by impervious surfaces.

   G.   Right-of-way dimensions of all abutting streets and proposed rights of way, and means of access to the site.

   H.   General Plan designations for the property, north arrow and property dimensions.

   I.   Survey, or preexisting monumentation adequate to locate property corners.

   J.   Landscape and parking plans with legends indicating quantities and types of plants, minimum purchase size, and square footage of each type of ground treatment (i.e., bluegrass, cobble, alternative grass mix, bark chips, etc.), open spaces, plazas and recreation amenities with general construction materials noted, and slopes within the site. The plan should also note if the site does not contain slopes greater than fifty to one (50:1). All depressed and mounted areas must be identified with general contour lines and/or proposed elevations and notations for detention areas. Parking spaces, circulation within the parking area, curb cuts, fencing, screening materials, abutting, land uses, sign specifications and bumper guards should be shown on every parking plan.

   K.   Other reports as required by the Town Engineer, including, but not limited to:

      1.   Soils engineering report, prepared by a registered engineer indicating the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary, and opinions and recommendations regarding the proposed grading and erosion control during and after construction.

      2.   Hydrology report showing drainage areas and estimated runoff, providing an indication of the undeveloped peak discharge of surface water currently entering and leaving the property during a 10-year design storm, peak discharge of runoff, surface water peak discharge from a 10-year design storm at various subbasins on the property, and a discussion of the drainage management facilities and/or techniques which may be needed to rectify drainage problems.

      3.   Traffic-control and street lighting plan.

   L.   Site plans for projects intended to be developed in phases must also include a master plan for the entire project and a development schedule indicating the approximate date upon which construction of the project will begin, progressive stages of the development, and the anticipated rate of development and the project's completion date.

   M.   Site plans for projects located in a flood zone must also provide a description of the extent to which any watercourse will be altered or relocated, and:

      1.   Proposed elevation in relation to mean sea level of the lowest habitable floor (including basement) of all structures; and, in FIRM Zone AO, elevation of existing grade and proposed elevation of lowest habitable floor of all structures.

      2.   Proposed elevation in relation to mean sea level to which any structure will be floodproofed.

      3.   Certification by a registered professional engineer or architect that floodproofing methods for any nonresidential structure will either: be floodproofed so that below the regulatory flood level the structure will be watertight with walls substantially impermeable; and, have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; or, have the lowest floor, including basement, elevated to or above the regulatory flood elevation (i.e., 1 foot above base flood elevation) or, have the lowest floor, including basement, higher than the adjacent grade at least one foot (1') higher than the depth number on the FIRM, or at least two feet (2') if no depth number is specified.

SPECIFIED ANATOMICAL AREAS: Human genitals in a state of sexual arousal.

SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following:

   A.   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

   B.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

   C.   Masturbation, actual or simulated; or

   D.   Excretory functions as part of or in connection with any of the activities set forth in subsections A through C of this definition.

STORY: That portion of a building included between the surface of any floor and the surface of the next floor above; or, if there is no floor above, the space between such floor and the ceiling above.

STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls, or partitions, columns, beams or girders, or any complete rebuilding of the roof or exterior walls, or rebuilding which expands the height or area of such building.

STRUCTURE: Anything constructed or erected with fixed location on the ground or attached to something having a fixed location on the ground, including, but not limited to, buildings, towers, swimming pools, walls, fences, and billboards.

STRUCTURE, PRINCIPAL: The structure which accommodates the principal use on a property.

STRUCTURE, TEMPORARY: Anything constructed or erected which is readily moveable and intended to be used for a period not exceeding one hundred eighty (180) consecutive days.

UBC: Uniform Building Code, as adopted by the Town of Snowflake.

USE: The purpose for which land or a structure is occupied, maintained, arranged, designed, or intended.

USE, PRINCIPAL: The use of land or structures on a property which has the greatest impact or significance, also main use, as contrasted with accessory use.

USED CAR LOT: Any property on which more than one vehicle is parked or stored and posted to indicate that it is available for sale.

YARD: The open space at grade level between a building and the adjoining lot line which is unobstructed by any portion of a structure from ground upward.

YARD, FRONT: A yard extending across the front width of a lot, and being the minimum horizontal distance between the front lot line and the principal structure.

YARD, REAR: A yard extending between the side yards of a lot or between the side lot lines in the absence of side yards, and being the minimum horizontal distance between the rear lot line and the rear of the principal structure. On corner lots and interior lots the rear yard is in all cases at the opposite end of the lot from the front yard.

YARD, SIDE: The yard between the building and the side lot line of a lot extending from the front yard to the rear lot line, or along the full depth in the absence of front and rear yards and being the minimum horizontal distance between a side lot line and the side of the principal structure. An "interior side yard" is defined as the side yard adjacent to a common lot line.

ZONING CLEARANCE: Certification by the town manager that the proposed use or structure meets the requirements of this ordinance. (Ord. 132, 6-10-1997; amd. Ord. 149, 6-23-1998; Ord. 05-245, 3-22-2005; Ord. 10-323, 4-27-2010; Res. 2023-01, 3-7-2023; Ord. 2025-03, 4-1-2025)