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Snowflake City Zoning Code

CHAPTER 6

DEVELOPMENT STANDARDS

10-6-1: ACCESSORY STRUCTURES AND USES:

Accessory structures and uses are permitted in all zones but may not be constructed or established on a property until the principal use, or construction of the principal structure, has commenced; nor may they be located in any front yard. (Ord. 132, 6-10-1997)

10-6-2: ENVIRONMENTAL STANDARDS:

   A.   Air:
      1.   No emission of smoke from any source may be permitted to exceed a greater density than the density prescribed by state statute. State statute allows for forty percent (40%) opaque emissions for nonpermit required individuals or businesses. Permit required individuals or businesses must follow their Arizona department of environmental quality approved permit. All measurements shall be taken according to the opacity method of determining visible emissions as specified by federal reference method "9".
      2.   No emission of fly ash, dust, fumes, vapors, gases or other forms of air pollution are permitted which can cause damage to health, animals or vegetation, or other forms of property, or which can cause excessive soiling.
   B.   Glare, Heat, Odor, Radioactive Material:
      1.   Glare And Heat: Activities producing intense glare or heat must be performed within completely enclosed buildings in such a manner as to avoid creating a nuisance or hazard beyond the property line of the property on which it is occurring.
      2.   Odor: No use of property may emit perceptible noxious odors at the property line which are perceptible to a committee of citizens designated by the town council.
      3.   Radioactive Material: Notwithstanding any other town ordinance, manufacturing activities involving the use, storage, or disposal of radioactive material are expressly prohibited. The foregoing is not intended to prohibit manufacturing activities involving the use, storage, or disposal of radioactive material which does not become an integral part of the manufactured product, or is exempt from the licensing requirements of or permitted under a general license issued by the Arizona atomic energy commission, or its successor. Nor is the foregoing intended to prohibit the use of radioactive material in medical diagnosis or therapy, or in medical, educational, or industrial research and development. For the purposes of this subsection, "research and development" means either:
         a.   Theoretical analysis, exploration or experimentation; or
         b.   The extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including experimental production and testing of models, devices, equipment, materials and processes.
   C.   Vibration:
      1.   Exemptions: This subsection does not apply to:
         a.   Vibration resulting from the operation of any equipment or facility of a surface carrier engaged in interstate commerce by railroad.
         b.   Vibration resulting from the operation of any road vehicle.
         c.   Vibration resulting from roadway maintenance and repair equipment.
      2.   Maximum Intensity: Ground vibration measured at the boundary of a property where it is being generated may not exceed -01 inches per second (0.0025 meters per second) in RMS velocity.
      3.   Method Of Measurement: Vibration measurement procedures shall conform to the methods described in this subsection or to procedures approved by the Arizona department of environmental quality. Instrumentation used to measure ground vibration shall be capable of measuring RMS value of the vibration velocity over the frequency range of 10–1,000 hertz. Measurement valued shall be recorded for a sufficient period to provide a representative sample. Attachment of the vibration transducer to the ground shall be by magnetic screw attachment to a steel bar of a minimum of nine inches (9") (22.9 cm) in length, driven flush with the ground surface. (Ord. 132, 6-10-1997)

10-6-4: DEVELOPMENT REVIEW:

   A.   Intent And Purpose: The principal purpose of development review is to establish development standards for the town, and provide project review procedures to determine compliance with the provisions of the technical codes and development policies of the town. Further, development review is intended to promote an aesthetically pleasing and economically viable community. (Ord. 180, 1-9-2001)
   B.   Development Review Required:
      1.   All applications for permits for the construction of any building or structure in the following zoning districts shall be required to comply with the development review procedures set forth in this subsection B.
MF district - multiple-family
RT district - residential transitional
NC district - neighborhood commercial
GC district - general commercial
LI district - light industrial
HI district - heavy industrial
The initial review shall be coordinated by the planning department and shall include the recommendations of other town departments as necessary.
      2.   The planning director or his designee, may approve, conditionally approve, or disapprove proposed plans for the following:
         a.   Any residential development consisting of 10 or fewer dwelling units.
         b.   Commercial structures which meet the requirements of all applicable ordinances and do not exceed five thousand (5,000) square feet in size.
      3.   The planning and zoning commission shall review and approve, conditionally approve, or disapprove all applications for proposed projects not included in subsection B2 of this section.
      4.   The planning director may refer any application for development review directly to the planning and zoning commission with or without a recommendation.
      5.   Any proposed plan shall be approved, conditionally approved, or disapproved within thirty (30) days after a completed application has been submitted, unless the applicant shall request such time be extended. (Ord. 05-255, 8-9-2005)
   C.   Development Plan Required:
      1.   All applications for development review shall be accompanied by a development plan which shall include the following:
         a.   Site Plan: Fully dimensioned and including the location of all proposed and existing structures, parking areas, landscape areas, walls, sidewalks, and other elements of the proposed project.
         b.   Landscape Plan: Including a schematic representation of the location of all plant materials and screening walls.
         c.   Building Elevations: North, south, east and west for all on site structures, noting all exterior finish materials and color.
         d.   Drainage Plan: Prepared by a professionally licensed engineer.
         e.   Details: Of all screening, decorative and perimeter walls. (Ord. 148, 6-23-1998)
   D.   Design Standards:
      1.   Building Elevations:
         a.   All roof mounted mechanical equipment or ductwork which projects vertically more than one and one-half feet (11/2') above the roofline shall be screened from public view and/or residential zoning districts by means of a parapet wall or a single enclosure which is designed and detailed consistently with the building design and encloses all such equipment.
         b.   No wall mounted mechanical equipment shall be visible from a public street or adjacent residential zoning districts.
         c.   No ground mounted mechanical equipment shall be visible from a public street or adjacent residential zoning districts.
         d.   Gutters, downspouts and similar items shall be painted to match or complement the color of the building.
      2.   Site:
         a.   All required parking areas and parking spaces shall be designed and constructed in accordance with the following:
            (1)   Design: All parking areas and parking spaces shall meet the requirements as set forth in section 10-6-8 of this chapter.
            (2)   Surface: All required parking areas, parking spaces and driveways shall have a dust free surface.
            (3)   Vehicular Contact: Bumper blocks or curbing shall be utilized to protect screening walls and refuse enclosures from vehicular contact.
      3.   Landscaping And Walls:
         a.   The required front yard and side yard setbacks shall be landscaped to provide for a minimum of ten percent (10%) landscaping in their site plans including a minimum of a three foot (3') wide landscape strip across any area of street frontage not used for driveways.
         b.   Any commercial or industrial development which is proposed for a site having a property line which is coterminous with a residential site or zone shall provide a six foot (6') high masonry wall.
         c.   All side and rear yards in residential transitional, commercial and industrial developments which are visible from a public street from other than the front yard shall provide a six foot (6') high screening wall.
         d.   Duplexes, triplexes, fourplexes, or greater, which are part of a project containing more than one building shall provide a six foot (6') high screening wall built to specifications that have been approved by the town manager and zoning director. Said approval shall be in writing.
      4.   General Provisions:
         a.   All outdoor refuse collection areas shall be screened from view by appropriate screening walls and when feasible, located at the rear of the site.
         b.   As required by this section, screening walls shall be constructed of wood or masonry or an alternative approved by the planning and zoning commission and/or the town council.
         c.   All proposals and plans shall be consistent with all applicable provisions of this code as it now exists or may be hereafter amended.
         d.   Access to the site and circulation thereon shall be safe and convenient for pedestrians, cyclists and vehicles.
         e.   Developers will take the appropriate measures to secure their property and assets.
         f.   Development review applications are to include details as to how the property will remain in compliance with section 4-3-4 (A) [5].
   E.   Modifications Of Minimum Standards:
      1.   The planning and zoning commission may permit modifications to the minimum standards set forth in subsection D of this section where reasonably required by the location of the lot or unique circumstances of the lot.
      2.   In approving any modification, the planning and zoning commission shall make the following findings. All findings shall be supported by verifiable evidence.
         a.   Required Findings:
            (1)   That the proposed modification(s) will yield a project design which is equally or more desirable in terms of function, aesthetics, view, and general appropriateness than that which would result by requiring strict adherence to the terms and regulations of subsection D of this section.
            (2)   That the proposed modification(s) shall in no way impair the health, safety and welfare of future occupants of the proposed development, adjacent developments or residents of the town.
            (3)   The strict adherence to certain terms and regulations of this section is not required in order to protect the property value of adjacent and nearby residents.
            (4)   That the proposed modification(s) is consistent with the policies and goals embodied in the general plan.
   F.   Appeal To Planning And Zoning Commission: In the event the applicant or any interested person is aggrieved by the decision of the planning director, an appeal in writing with the appropriate appeal fee as set by resolution of the town council may be submitted to the planning and zoning commission within fifteen (15) calendar days of the decision. Following the filing date of an appeal, the planning and zoning commission shall affirm, modify or reverse the decision of the planning director.
   G.   Appeal To Town Council: In the event the applicant or any interested person is aggrieved by the decision of the planning and zoning commission, a written appeal with the appropriate appeal fee as set by resolution of the town council may be submitted to the town council within fifteen (15) calendar days of the decision of the planning and zoning commission.
   H.   Approval As Prerequisite To Issuance Of Permit: No permit for the construction of any building or structure shall be issued in any case hereinabove mentioned until such plans, drawings, or sketches have been approved by the planning director or the planning and zoning commission or, on appeal, by the town council. All buildings, structures and grounds shall be developed in strict conformance with said plans, drawings, or sketches as finally approved.
   I.   Revocation Of Permit: The planning director may issue a stop work order and the planning and zoning commission may, after a public hearing with notice to the permittee, revoke any approval given pursuant to this section for noncompliance with any of the conditions imposed through the approval process. Such revocation shall be deemed revocation of the permit. Written notice of intention to revoke shall be mailed to the permittee not less than thirty (30) days before the planning and zoning commission hearing date. Said revocation may be appealed in the manner provided in subsection G of this section.
   J.   Lapse Of Approval Period: The development review approval is conditioned upon the rights or privileges acquired thereby being utilized within one year after the effective date of approval and should the rights or privileges not be executed or utilized within said year, or when a building permit has not been issued within said year, or when some form of construction work is involved which has not actually commenced within said year, or if so commenced, is not diligently pursued to completion, said approval shall automatically lapse except that if said utilization or construction has been delayed by town delay in approving plans, then the planning director shall grant and record a commensurate extension. The planning director may, upon the request of the permittee, for any cause, grant a reasonable extension of time, in addition to the one year period hereinabove provided. Such a request for extension shall be filed with the planning director fifteen (15) days prior to the expiration of the one year approval period. Only one such extension shall be granted and said extension shall in no case exceed six (6) months. (Ord. 148, 6-23-1998; amd. Ord. 05-255, 8-9-2005; Res. 2023-01, 3-7-2023; Ord. 2025-03, 4-1-2025)

10-6-5: LOADING SPACES:

   A.   General: Loading spaces must be provided on the same lot as the use which requires them.
   B.   Size: Each loading space must have a clear height of fourteen feet (14') and must be directly accessible to the building it serves through a usable door not less than three feet (3') in width, and eighty inches (80") high. Loading spaces must be at least four hundred (400) square feet in area with minimum dimensions of twenty feet by ten feet (20' x 10').
   C.   Commercial Uses; Except Industrial Zones: One loading space is required on site for commercial uses with a floor area of up to twenty five thousand (25,000) square feet, and an additional space is required for every additional twenty five thousand (25,000) square feet of floor space, or fraction thereof.
   D.   Industrial Uses And Commercial Uses; Industrial Zones: One loading space is required for any such uses with a floor area of ten thousand (10,000) square feet, and an additional space is required for every additional ten thousand (10,000) square feet of floor space, or fraction thereof. (Ord. 132, 6-10-1997)

10-6-6: MANUFACTURED HOME, RECREATIONAL VEHICLE PARK DESIGN:

Applications for zoning clearances or special use permits for recreational vehicle and manufactured home parks must be accompanied by scale drawn site plans prepared by an architect, professional engineer, or other person qualified to do the work, as approved by the town. Such site plan must indicate how the following requirements will be met:
   A.   Space Requirements: Space requirements for each unit pad in feet:
 
Front
   Side
   Rear
   Min. Space
   Size
   Min.
Width
   Min.
Depth
   Max. Pad
Coverage
MH parks
   10
   7
   71
   3,200 sq. ft.
   40
   ---
   75%
Recreational
vehicle parks
   72
   72
   72
   1,500 sq. ft.
   30
   50
   60%
 
Notes:
      1.   See subsection A1 of this section.
      2.   See subsection A2 of this section.
      1.   Rear Yard Boundaries: Rear yard boundaries abutting interior park streets must be at least ten feet (10').
      2.   Reduction: This setback may be reduced if a minimum fourteen foot (14') separation can be maintained between all RV's and all manufactured homes, including appurtenances such as awnings and carports, and fifteen feet (15') separation can be maintained between any permanent structure and any mobile unit.
   B.   Roadways: All park roadways must be built and continuously maintained with valley gutters and in a dust-free condition by application of a four (4) aggregate base course (ABC), crowned with a one and one-half percent (11/2%) side slope and covered by double penetration and chip seal coat with a fog coat, or other dust-free surface, and must have a minimum width of twenty feet (20').
   C.   Fencing: All parks must be enclosed by a six feet (6') high sight-obscuring fence.
   D.   Off-Street Parking: Two (2) parking space shall be provided for each manufactured home pad, and additional overflow parking must be provided equal to ten percent (10%) of those required for pads. (Ord. 132, 6-10-1997)

10-6-7: NOISE:

   A.   Intent And Purpose: It is the intent and desire of the Town Council to control excessive noise occurring within the Town limits. The purpose of this Section is to provide for the health, safety and welfare of the residents of the Town of Snowflake.
   B.   General Provisions:
      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 and associated octave band filters. The instrument shall be manufactured in accordance with ANSI standards. Measurement shall be made using a flat network of the sound level meter.
   C.   Maximum Permissible Sound Levels:
      1.   No person shall operate or cause to be operated any source of sound at any location within the Town limits 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 applicable limits given for any affected land use category in Table I.
      2.   The noise standards for the 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 different land uses occur on a single property, the more restrictive noise limits shall apply.
      3.   Where doubt exists when making identification of a land use, the Town Engineer or his designee may make the interpretation.
      4.   Sound levels shall be measured at the boundary or at any point outside the boundary of the property containing the source of sound.
   Table I
 
   ZONE
   Maximum Noise Level (dBA)
   10 P.M. - 6 A.M.
   6 A.M. - 10 P.M.
Residential Zones
   45
   60
Commercial Zones
   55
   70
Industrial Zones
   65
   80
 
Noise Level Adjustments: The maximum permissible daytime noise levels listed above are subject to the following adjustments for duration:
 
Noise has an "on time" of no more than:
And "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
2 hours
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.
 
   D.   Exemptions: The following activities or sources are exempt from the noise standards set forth in Table I:
      1.   Activities covered by the following: emergency signaling devices, domestic power tools, air-conditioning and air- handling equipment for residential purposes, refuse collection vehicles.
      2.   The unamplified human voice.
      3.   Aircraft operations.
      4.   Construction or routine maintenance of public service utilities.
      5.   Houses of worship bells or chimes.
      6.   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. (Ord. 132, 6-10-1997)

10-6-8: PARKING:

   A.   General: Off-street parking shall be provided with adequate provision for ingress and egress by standard sized vehicles at the time of erection of any principal building, or initiation of any principal use, or at the time properties or buildings are changed in use, altered, enlarged, converted, or increased in capacity. Commercial and industrial off-street parking must be designed so that no such parking is perpendicular to any immediately accessible right of way. Parking space must be provided in number in relation to use as noted below:
      1.   Table:
   USE
ONE PARKING SPACE IS REQUIRED FOR EACH UNIT NOTED BELOW
   USE
ONE PARKING SPACE IS REQUIRED FOR EACH UNIT NOTED BELOW
Church
5 seats in the main meeting room
Theater
4 seats
Skating rinks, etc., clinics and other places of public assembly
300 square feet of floor space in the building
Funeral home, private club, lodge, fraternal organization
500 square feet of floor space in the building
Boarding and lodging houses, fraternities, etc.
2 beds
Hotel
1 per guest room up to 20; 1 per 4 guest rooms from 21 to 40; 6 in excess of 40; all located on the hotel property
Motel
1 per guest room
Hospital
3 hospital beds, plus 1 for each 3 employees other than doctors, plus 1 for each doctor.
Schools, colleges, universities, etc.
3 employees, plus 1 for each 10 students for which there is capacity
Homes for aged, convalescent centers and other residential charitable or philanthropic institutions
5 beds, plus 1 for each 3 employees
Office buildings, commercial and government buildings, restaurants, bars, etc.
300 square feet of floor space1
Industrial buildings
3 employees on any one shift, or 1 space for each 500 sq. ft. of floor space where employee number is indeterminate; and 1 space for each truck and other company vehicles maintained on the site
Single-family dwelling
2 per dwelling
Two of more dwelling units
1.5 per dwelling unit
All other uses not listed
As deemed necessary by the Planning Director
 
Notes:
      1.   See subsection A2 of this Section.
      2.   Two (2) or more establishments may provide necessary parking spaces on a single parcel of land provided the land is not in a residential zone.
   B.   Parking Stall Dimensions:
      1.   Regular Stalls:
         a.   Perpendicular to aisle; nine feet by eighteen feet (9' x 18').
         b.   Parallel to aisle; nine feet by twenty three feet (9' x 23').
         c.   Other designs; as required by the town manager.
      2.   Handicapped Stalls: Handicapped stalls must be provided as required by the Americans with disabilities act, Public Law 101-336 and state statute.
   C.   Design Of Parking Areas:
      1.   Driveways: Every parking area must have one or more accessways, the width of which shall be:
         a.   Private parking: Minimum ten feet (10').
         b.   Commercial parking:
            (1)   One-way enter/exit; twelve feet (12').
            (2)   Two-way enter/exit; twenty four feet (24').
      2.   Slopes: Driveway and ramp slopes may not exceed twenty percent (20%).
      3.   Space Accessibility:
         a.   Each required parking space shall be individually and easily accessible based on good engineering practice.
         b.   No spaces serving more than two (2) dwelling units, or other than residential uses, may be designed so that vehicle egressing them must back onto a public street or sidewalk.
         c.   All portions of a public lot or garage must be accessible to other portions thereof without requiring the use of any public street.
   D.   Screening: A three foot (3') high fence, wall or landscape buffer at the edge of the public right of way and adjacent to rural or residentially zoned property must be provided for all parking areas of twenty (20) or more required parking spaces.
   E.   Surfacing: Off street parking spaces shall be surfaced with concrete, asphalt or other dust controlling material or substance approved by the town. (Ord. 132, 6-10-1997; amd. Ord. 2025-03, 4-1-2025)

10-6-9: SWIMMING POOLS:

Swimming pools must be enclosed as required by Arizona Revised Statutes, section 36-1681. (Ord. 132, 6-10-1997)

10-6-10: TRAFFIC CONTROL DEVICES; STREET LIGHTING:

   A.   Traffic Control Devices: Developers of projects that will generate additional traffic and require the installation of a traffic signal, regulatory sign, or other traffic control device are responsible for installing such traffic control devices as are required by their approved development plans.
   B.   Street Lighting: Developers of projects which abut public streets are responsible for providing any additional street lighting required as a result of the approval of their development plans to ensure acceptable levels of street lighting. (Ord. 132, 6-10-1997)

10-6-11: OUTDOOR VEHICLE PARKING; STORAGE:

   A.   Trucks; Construction Equipment: Storing more than one commercial vehicle having a rated capacity of one and one-half tons (except farm trucks) or any construction equipment on property zoned for residential uses is prohibited, except that construction equipment may be stored on a lot during construction of a building thereon or on a lot immediately adjacent thereto if the owner of the adjacent allows such storage.
   B.   Vehicles (as defined in Title 4, Chapter 3, Section 3):
      1.   Abandoned or Junked Vehicles cannot be located on public or private property unless stored within an enclosed structure.
      2.   Inoperable or Disabled Vehicles: Up to one inoperable or disabled vehicle may be stored on a private property but cannot be visible from beyond the boundary of the property.
      3.   Defenses.
         a.   It is an affirmative defense to a violation of this section that the vehicle was registered to a resident of the property, that the vehicle was undergoing repair, and that the total period during which the vehicle was under repair did not exceed a cumulative fifteen calendar days (whether consecutive or not) during any forty-five-day period.
         b.   It is an affirmative defense to a violation of this section that the vehicle was placed on the property without the consent of any owner or agent of any owner of the property and that the vehicle was removed beyond the property within fifteen calendar days of its placement on the property. If the vehicle is moved to a location within Town limits, the location of the vehicle must follow the Town Code.
         c.   It is an affirmative defense to a violation of this section that the property is licensed and operating as a mechanical repair shop in compliance with the property’s zoning and as approved by Town Council action.
   C.   Recreational Vehicles: (as defined in Title 10, Chapter 3, Section 2)
      1.   Any RV must be parked, placed, or stored on residential property at a distance equal to or greater than the property setbacks within the designated zoning district. No permanent utility connections may be made to the RV, and the RV must not be in violation of any other law or valid and applicable deed restrictions or covenants applicable to the property on which the RV is located. At the request of the Town, a property owner on which an RV is placed must demonstrate compliance with applicable deed restrictions and covenants.
      2.   RVs may be occupied on a residential property for a temporary period not to exceed thirty days in a calendar year.
      3.   An RV may be occupied, in residential areas, as a dwelling unit while connected to utilities during an emergency as declared by the Mayor (see Title 1, Chapter 5, Section 4, Subsection B, Number 6).
      4.   Failure to comply with this subsection is subject to the enforcement process described within Title 4, Chapter 3. to subject to civil, administrative, or criminal fines. Administrative fines shall be established on the town’s comprehensive fee schedule. The computation of time under the provisions of this subsection shall commence on the date and time the RV is parked, placed, stored, or occupied on any property.
   The computation of time under the provisions of this subsection shall commence on the date and time the recreational vehicle is parked, placed, stored, or occupied on any property. (Ord. 11-333, 3-15-2011; amd. Res. 2023-01, 3-7-2023)

10-6-12: ADULT ORIENTED BUSINESSES:

   A.   Purpose: It is the purpose of this section to regulate adult oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the town, and to establish reasonable and uniform regulations to prevent the concentration of adult oriented businesses within the town. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to adult oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of adult oriented entertainment to their intended market.
   B.   Location Requirements: Adult oriented businesses may be located in the general commercial, light industrial, and heavy industrial zones as allowed by special use permit by the appropriate zoning district regulations of this zoning ordinance. However, no adult oriented business shall be located within one thousand feet (1,000') of:
      1.   A church or synagogue or temple.
      2.   A public or private elementary or secondary school.
      3.   A residential zone.
      4.   A lot used for a residential use.
      5.   Another adult oriented business.
      6.   A public park.
      7.   A public or private daycare center or preschool facility.
For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects from the nearest portion of the lot used for the adult oriented business and the nearest property line of the lot used for the purposes enumerated above.
   C.   Number In Building: No more than one adult oriented business may be located in the same building.
   D.   Alcohol Prohibited: No alcoholic beverages shall be sold, served, or consumed on the premises where an adult oriented business is located.
   E.   Nonconformity: Any adult oriented business lawfully operating on the effective date of this ordinance that is in violation of subsections B and C of this section, shall be a nonconforming use. If two (2) or more adult oriented businesses are within one thousand feet (1,000') of one another, and otherwise in a permissible location, the adult oriented business which was first established and continually operating at a particular location is the conforming use and the latter established business is nonconforming. In any event, no increase in the floor area of any nonconforming adult oriented business shall be permitted in any building or on any lot containing another adult oriented business or a dwelling unit.
   F.   Encroachment Of Other Uses: An adult oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the lawful establishment of the adult oriented business, of a use enumerated in subsection B of this section.
   G.   Variance To Location Requirements:
      1.   An applicant may make application for a variance from the location requirement of subsection B of this section in the same manner as found in section 10-8-7 of this zoning ordinance, as amended. (Ord. 149, 6-23-1998)
      2.   The town council, in making a finding about a variance request from the location requirement of subsection B of this section, shall also consider the following: (Ord. 149, 6-23-1998; amd. Ord. 09-315, 4-28-2009)
         a.   That the location of the proposed adult oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; and
         b.   That the location of an additional adult oriented business in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any efforts of urban renewal, restoration, or historic preservation.
   H.   Parking Restrictions:
      1.   Adult arcade: One space for each arcade machine plus one space for each employee per shift.
      2.   Adult bookstore: One space for each three hundred (300) square feet of gross floor area.
      3.   Adult Cabaret: One space for each fifty (50) square feet of gross floor area where the public is served, plus an additional ten percent (10%) of the off street parking required herein for use by employees.
      4.   Adult Motel: One and one-tenth (11/10) parking spaces shall be provided for each guest room. When auxiliary commercial uses are included, the following additional standards are required:
         a.   One parking space for every sixty (60) square feet of gross floor area where the public is served.
         b.   One parking space for every four hundred (400) square feet of gross floor area of commercial accessory use.
         c.   One space for every six (6) seats, if seats are fixed; or one space for fifty (50) square feet for places of public assembly.
      5.   Adult Motion Picture Theater: One off street parking space for every four (4) seats, if seats are fixed; or one space for each thirty (30) square feet of open assembly area where seats are not fixed, excluding platform and stage areas.
      6.   Adult Theater: One off street parking space for every four (4) seats, if seats are fixed; or one space for each thirty (30) square feet of open assembly area where seats are not fixed, excluding platform and stage areas.
      7.   Adult Video Store: One space for each three hundred (300) square feet of gross floor area.
      8.   Escort Agency: One space for each three hundred (300) square feet of gross floor area.
      9.   Nude Model Studio: One space for each three hundred (300) square feet of gross floor area.
      10.   Sexual Encounter Center: Parking spaces shall be not less than thirty percent (30%) of maximum occupancy as determined by the uniform building code as adopted by the town. (Ord. 149, 6-23-1998)

10-6-13: FACTORY BUILT BUILDINGS; MANUFACTURED HOMES:

All factory built buildings and manufactured homes (as defined in section 10-3-2 of this title) that are placed within the town, or relocated within the town, shall be subject to the following provisions (in addition to the provisions of the applicable zoning district):
   A.   Placement Standards:
      1.   Factory Built Buildings (Modular Buildings):
         a.   The tongue is to be removed.
         b.   All factory built buildings shall be similar to site built homes in design and construction, and shall be constructed to the requirements of the uniform building code (UBC).
         c.   All factory built buildings are to be permanently installed on a privately owned, nonrental site or lot of record outside of a manufactured home park where the land and the factory built building to be installed thereon are held in common ownership.
         d.   All factory built buildings are to be securely anchored to a permanent foundation constructed of reinforced masonry or concrete acceptable to the town.
         e.   Skirting shall be provided around the entire perimeter of the home between the home and the ground in a manner to appear architecturally consistent or complimentary to the building wall. A stem wall shall be deemed an appropriate skirting, provided it completely encloses the home between the home and the ground (excluding door access to the crawl space) and is finished to appear architecturally consistent such as stucco, stone veneer, or similar treatment.
      f.   Factory built buildings are to be placed so that the orientation of the wide side of the home is parallel to the front lot line. In addition, the use of pitched roofs, nonmetal roofing materials (such as tiles) and finished exteriors (nonmetal) is also required. Contemporary flatroof design may be considered when appropriate to the style or architecture.
      g.   Placement of all factory built buildings shall be a permitted use in the AG, R-2 acre, R-1 acre and R-10,000 square foot minimum zoning districts, and shall be subject to issuance of a building permit.
   2.   Manufactured Homes:
      a.   The tongue is to be removed.
 
June 2023
10-6-13   10-6-13
      b.   All manufactured homes are to be securely anchored to a pad acceptable to the town, preferably a concrete pad.
      c.   Skirting shall be provided around the entire perimeter of the home between the home and the ground in a manner to appear architecturally consistent or complimentary to the building wall. All homes must have masonry skirting on approved foundation with mortared joints and finished to appear architecturally consistent with the building wall such as stucco, stone veneer, or similar treatment.
      d.   Manufactured homes shall be constructed with pitched roofs, nonmetal roofing materials (such as tiles) and finished exteriors (nonmetal) or metal roofs as would be allowed for site built construction.
      e.   Placement of all manufactured homes shall be subject to issuance of a manufactured home permit.
      f.   Manufactured homes located on conventional lots (not in approved Manufactured Home Parks) are to be placed so that the orientation of the wide side of the home is parallel to the front lot line.
      g.   All homes must be set as low as possible with a maximum of thirty inches (30") from the bottom of the floor joists to the land bearing surface.
      h.   In all home installations, the bottom of the floor joists shall be a minimum of eight inches (8") above finished grade at all points.
      i.   All homes are to have porches or decks (covered or uncovered). These porches must be compatible with the dwellings in the area and must be a minimum of thirty two (32) square feet (4 x 8 feet). Porches and decks are required for primary entries with a minimum of one front and one back.
      j.   All homes with a standard roof pitch will have eaves of six inches (6") or greater. Manufactured homes with Spanish style architecture will be exempted from this eave requirement.
      k.   If a garage, carport or room addition is constructed, the external material and roofing used on the garage, carport or addition shall be the same as or as near as practicable to the same as the external material and roofing of the home.
      l.   All homes must have a roof pitch of not less than three inches (3") of vertical rise for each twelve inches (12") of horizontal run. Roofing materials shall be shingles or other materials customarily used for congenital dwellings and approved by the planning and zoning director.
      m.   The homeowner(s) must file an affidavit of affixture to cause the home to become real property.
      n.   All manufactured homes placed within the town limits and all preowned manufactured homes relocated to a new location within the town limits must be no older than seven (7) years and in a “like new” condition, including, but not limited to, no significant mars or defects in roofing, siding, paint or other components and no missing parts. If the town planning and zoning director determines repairs need to be made on a relocated manufactured home, a certificate of occupancy shall not be issued until said repairs are completed. All repairs must be completed within sixty (60) days of relocation of the manufactured home. (Ord. 04-237, 9-28-2004; amd. Ord. 08-312, 10-14-2008; Res. 2023-01, 3-7-2023)

Notes:
      1.    See subsection A2 of this section.
      2.    See subsection A2c of this section.
(Ord. 05-257, 11-22-2005)
      2.   Exceptions:
         a.   Corners: Nothing may be erected, placed, planted, or allowed to remain on any corner lot which materially impedes vision between two and one-half feet (21/2') and ten feet (10') above grade the corner triangle, which includes the area from the corner back twenty five feet (25') in each direction.
         b.   Mechanical And Similar Structures: Chimneys, church steeples, refrigeration coolers, ventilating fans, elevator bulkheads, fire towers, ornamental towers or spires, wireless towers, monuments, stage towers or scenery lofts, tanks, water towers, mechanical grain elevators, silos, farm buildings, and necessary mechanical appurtenances, and similar structures may be erected to a height of one hundred feet (100'), provided they are set back from any lot line at least one foot (1') for each foot in height.
         c.   Increase; Conditions: This height limit may be increased to a maximum of forty eight feet (48') if the size of any adjacent yard is increased one foot (1') for each foot over the thirty five foot (35') height limit that is allowed.
   B.   Yard Setbacks:
      1.   Minimum Setbacks: Minimum required property line (yard) setbacks for structures (in feet) by zone:
 
AG
R 1 acre
R 2 acre
R10
R-4
R-2
MF
RT
NC
PSP
GC
LI
HI
Front yard
40
25
30
20
10
10
20
15
15
10
10
20
40
Side yard
30
15
20
10
5
5
5
5
5
5
5
20
40
Rear yard
50
35
40
30
25
15
25
25
5
10
10
20
40
 
      2.   Exceptions: Every part of a required yard must be open to the sky and unobstructed, except that:
         a.   Accessory Structures: Accessory structures may be built in required rear yards if they do not occupy more than thirty percent (30%) of the required rear yard, and are not closer than three feet (3') to any side or rear lot line. Accessory structures that serve as garages with alley access must be set back at least ten feet (10') from any alley. On corner lots accessory structures may not be closer to any street than a distance equal to the depth of the required yard.
         b.   Ordinary Projections: Ordinary projections of window sills, cornices, eaves, chimneys and other ornamental features may project up to two feet (2') into any required yard.
         c.   Compressor Units And Similar Devices: Compressor units, condensing units, cooling towers, evaporative condensers, and similar devices may not be located in any required yard.
      3.   Side Yard Setbacks: Side yard setback for R-4 and R-2 corner lots shall be ten foot (10') minimum. (Ord. 180, 1-9-2001; amd. Res. 2023-01, 3-7-2023)