This ordinance may be referred to as THE TOMBSTONE ZONING ORDINANCE. (Ord. 168)

For the promotion and protection of the public health, peace, safety, comfort, convenience and general welfare and in order to secure for the citizens of Tombstone, Arizona, the social and economic advantages of an orderly efficient use of land, and as a part of the master plan for said city, there is hereby adopted and established an official land use plan and zoning ordinance for Tombstone, Arizona, and rules, regulations and plans by which the future growth and development of said city may be directed in accordance with said plan and ordinance, as provided in the Arizona code of 1939. (Ord. 168)

   A.   All terms used herein shall be interpreted according to their common, plain, natural and accepted usage when not otherwise defined.

   B.   In any dispute concerning the application of any provision of this ordinance, that solution shall be favored which is most reasonable with regard to the general purpose of this ordinance and the established and accepted principles of American planning and zoning law. (Ord. 168)

Except as hereinafter provided:

   A.   All property shall be hereby governed according to the type of zone in which the same is located, as shown on the zoning maps adopted and made a part hereof, and shall be subject to the regulations hereinafter set forth for such zones, the regulations applying to specific uses and the general regulations hereinafter set forth.

   B.   No building shall be erected and no existing building shall be moved, altered, added to or enlarged nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than as permitted herein for the zone in which such land, building or premises is located.

   C.   No yard or other open space provided about any building for the purpose of complying with the regulations of this ordinance or amendments thereto shall be considered as providing a yard or open space for any other building or structure.

   D.   No structure shall be erected in a required front yard, side yard or rear yard, except as specifically permitted herein.

   E.   The express renumeration and authorization herein of a particular class of building, structure, premises or use in a zone shall be deemed a prohibition of such building, structure, premises or use in all other zones of more restrictive classification. (Ord. 168)

Any building, structure or use lawfully existing at the time of enactment of this ordinance may be continued, even though such building, structure or use does not conform with the provisions of this ordinance for the zone in which it is located. Similarly, whenever a zone shall be changed hereafter, the then existing lawful use may be continued. (Ord. 168)

   A.   Except when authorized by the board of adjustment and appeals, as provided in title 2, chapter 4 of this code, no building or premises containing a nonconforming use shall hereafter be extended unless such extension shall conform with the provisions of this ordinance for the zone in which it is located; provided, however, that a nonconforming use may be extended throughout those parts of a building which were manifestly arranged or designed for such use prior to the time of enactment of this ordinance, if no structural alterations, except those required by law or ordinance, are made therein.

   B.   Any nonconforming building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot or act of God, may be reconstructed and used as before, if it be done within twelve (12) months of such calamity and if the area restored does not exceed the square foot area as it existed at the time of such calamity.

   C.   No building, structure or premises where a nonconforming use has been or may be discontinued for more than six (6) months or has been or may be changed to a use permitted in the zone in which it is located, shall again be devoted to a nonconforming use. (Ord. 168)

For the purpose of this ordinance, the following words and phrases shall have the following meanings:

ACCESSORY USE OR STRUCTURE: A use or a structure subordinate to the principal use of building on a lot and serving a purpose customarily incidental to the use of the principal building, provided any such structure is built with or after the construction of the principal buildings.

ALLEY: A way dedicated to the public which affords a secondary means of access to abutting property.

BED AND BREAKFAST HOME (Also A HOST HOME): A private residence or other structure on a homeowner's property (such as a guest home or cabin) that is used to accommodate paying guests overnight. Breakfast (either continental or full) is provided.

BUILDABLE AREA: The net portion of the lot remaining after deducting all required yards from the gross area of a lot or building site.

BUILDING: Any structure built for the shelter, support or enclosure of persons, animals, chattels or property of any kind.

BUILDING HEIGHT: The vertical distance from the average finished grade at the building line, to the average height of the top of the cornice of flat roofs, or roofline, or to the middle height of the highest gable or dormer in a pitched or hipped roof, or, if there are no gables or dormers, to the middle height of such pitched or hipped roof.

BULK STATION: A place where liquefied petroleum gas, crude petroleum, gasoline, naphtha, benzene, benzol, kerosene, or any other liquid, except such as will stand a test of one hundred fifty degrees Fahrenheit (150°F), closed cupped tester, are stored in wholesale quantities where the aggregate capacity of all storage tanks is more than ten thousand (10,000) gallons.

DWELLING: Any building or portion thereof which is used, intended or designed to be occupied for living purposes.

DWELLING UNITS: A room or suite of two (2) or more rooms that is designed for, or is occupied by, one family doing its own cooking therein and having only one kitchen.

FAMILY: Any number of individuals customarily living together as a single housekeeping unit and using common cooking facilities.

GARAGE, PRIVATE: An accessory building or portion of the main building, designed or used for the shelter or storage of self-propelled vehicles owned or operated by the occupants of the main building.

GARAGE, PUBLIC: Premises, except those herein defined as a private garage, used for the storage or care of self-propelled vehicles, or where such vehicles are equipped for operation, or repair, or kept for hire or sole.

HOME OCCUPATION: An activity carried on by the occupant of a dwelling as a secondary use, including professional and semiprofessional offices, when conducted and entered from within the dwelling, in connection with which there is no public display of stock in trade upon the premises, not more than one nonresident of the premises is employed and not more than one-fourth (1/4) of the floor area of one story of the main dwelling, or a detached home workshop of not more than two hundred (200) square feet in area is used for such home occupation; and provided that the residential character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations, or noxious fumes or odors, or cause any parking or traffic congestion in the immediate neighborhood.

LOT: A piece or parcel of land, abutting on a street, whose area, in addition to the parts thereof occupied or which may hereafter be occupied by a building and its accessory buildings, is sufficient to provide the yards and courts required under this ordinance.

LOT, CORNER: A lot located at the junction of two (2) or more intersecting streets having an interior angle of less than one hundred thirty five degrees (135°), with a boundary line thereof bordering on two (2) of the streets. The point of intersection of the street lot lines is the corner.

LOT, DEPTH: The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

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

LOT, KEY: A lot abutting along the entire length of at least one of its side lot lines, either directly or across an alley, the rear lot line of any other lot; or a lot situated between two (2) such key lots.

LOT LINE: A property line abounding a lot.

LOT LINE, REAR: The line which is opposite and most distant from the front lot line. The rear lot line of an irregular triangular or gore lot shall, for the purpose of this ordinance, be a line entirely within the lot at least ten feet (10') long and parallel to and most distant from the front lot line.

LOT LINE, SIDE: Any lot line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a street side lot line. A side lot line separating a lot from another lot is an interior side lot line.

LOT WIDTH: The mean horizontal width of the lot measured at right angles to the depth.

MANUFACTURED HOME: A structure transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on the 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, cooling, and electrical systems contained therein.

MINING: Includes the land accessory or incidental to the digging, excavating or otherwise procuring minerals and ores found in their natural state, but does not include permanent residential housing.

MOBILE HOME: A movable or portable dwelling unit over forty feet (40') in length or over eight feet (8') wide, constructed to be towed on its own chassis and designed so as to be installed with or without a permanent foundation for human occupancy as a residence which may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two (2) or more units separately towable but designed to be joined into one integral unit, as well as a portable dwelling composed of a single unit.

MODULAR HOME: A structure fabricated in a factory and delivered to the building site in one or more sections. The structure shall be designed only for installation on a site built foundation and not designed to move once installed on the foundation. The unit shall include all the plumbing, heating, cooling, and electrical systems of the building.

MOTOR HOME: A recreation vehicle consisting of a coach body and a truck chassis constructed so that the driver's area is enclosed within the coach body and is similar in appearance to a bus or van. Accommodations may be minimal or elaborate as in a travel trailer.

PROFESSIONAL: Includes accountants, architects, chiropodists, chiropractors, dentists, engineers, lawyers, naturopaths, osteopaths, physicians, surgeons, surveyors, veterinarians.

SEMIPROFESSIONAL: Includes insurance brokers, photographic studios, public stenographers, real estate brokers, stock brokers, and other persons who operate or conduct offices which do not require the stocking of goods for sale at wholesale or retail; does not include barbers, beauty operators, cosmetologists, embalmers or morticians.

STREET: A way dedicated to the public which affords the principal means of access to abutting property.

TOURIST COURT (Includes MOTEL, AUTO COURT AND AUTOMOBILE COURT): A building or group of buildings on the some lot, whether detached or in connected rows, containing individual sleeping or dwelling units and designed for or occupied by automobile travelers or other transient tenants.

TRAILER PARK: Any parcel of land used or intended for use as a location or accommodation for two (2) or more mobile homes or recreation vehicles for the purpose of storage or occupancy whether or not a fee is charged for such use.

TRAVEL TRAILER: A recreation vehicle consisting of a coach body constructed on a trailer chassis and having a width not greater than eight feet (8') nor a length in excess of thirty six feet (36'). Accommodations may be minimal requiring separate sanitary facilities on the vehicle and may contain all the equipment of a modern home.

TRUCK CAMPER: A recreation vehicle consisting of a coach body mounted on a truck chassis complete with cab. The coach body may be attached directly to the truck chassis or it may rest within the truck cargo area and be attached so as to permit easy removal. Accommodations may be minimal or elaborate as in travel trailers.

YARD: An open and unoccupied space on a building site and, except as otherwise provided in this ordinance, open and unobstructed from the ground upward.

YARD, FRONT: A yard extending the full width of the building site between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch.

YARD, REAR: A yard extending across the full width of the building site between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street it shall meet front yard requirements.

YARD, SIDE: A yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building. (Ord. 168; amd. Ord. 02-69-70, 4-30-1970; Ord. 6-1988, 12-19-1988; Ord. 1-1996, 3-25-1996)