(A)   General. In addition to the objectives outlined in §  1 (Purpose and Scope), the Residential Zones are included in the zoning regulations to achieve the following purposes:

      (1)   To reserve appropriately located areas for family living at a broad range of dwelling unit densities consistent with the Tusayan Area Plan and with sound standards of public health, safety and welfare;

      (2)   To ensure adequate light, air, privacy and open space for each dwelling;

      (3)   To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive number in relation to the land area around them;

      (4)   To protect residential properties from noise, direct illumination, unsightliness, odors, smoke and other objectionable influences; and

      (5)   To facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities and service requirements.

   (B)   RS-6,000, Residential Single-Family Zone. This zone is intended for single-family, urban residential development on minimum lot sizes of 6,000 square feet and maximum densities of six dwelling units per acre. Only those additional uses are permitted that are complimentary to, and can exist in harmony with, a residential neighborhood.

   (C)   RS-10,000, Residential Single-Family Zone. This zone is intended for low-urban density single- family residential development on minimum lot sizes of 10,000 square feet and maximum densities of four dwelling units per acre. Only those additional uses are permitted that are complimentary to, and can exist in harmony with, a residential neighborhood.

   (D)   RS-18,000, Residential Single-Family Zone. This zone is intended for low density single-family residential development on minimum lot sizes of 18,000 square feet and at maximum densities of two dwelling units per acre. Only those additional uses are permitted that are complimentary to, and can exist in harmony with, a suburban residential neighborhood.

   (E)   RS-36,000, Residential Single-Family Zone. This zone is intended for very low density single- family residential development on minimum lot sizes of 36,000 square feet and at maximum densities of one dwelling unit per acre. Only those additional uses are permitted that are complimentary to, and can exist in harmony with, a suburban residential neighborhood.

   (F)   RM-10/A, Multiple-Family Residential Zone. This zone is intended for the development of multi-family dwellings, two-family dwellings, apartments, condominiums, townhouses or other group dwellings with provisions for adequate light, air, open space and landscaped areas at maximum densities of ten dwelling units per acre. Only those additional uses are permitted that are complimentary to, and can exist in harmony with, such residential developments.

   (G)   RM-20/A, Multiple-Family Residential Zone. This zone is intended for the development of high density multi-family dwellings, apartments, condominiums, townhouses or other group dwellings with provisions for adequate light, air, open space and landscaped areas at maximum densities of 20 dwelling units per acre. Only those additional uses are permitted that are complimentary to, and can exist in harmony with, such residential developments.

(Ord. 2012-04, passed 12-5-2012)

   (A)   The following uses shall be permitted uses where the symbol “P” appears and shall be permitted uses, subject to a conditional use permit where the symbol “C” appears in the column beneath each zone designation.

   (B)   All uses not listed are prohibited. For uses similar to those listed, see § 20.1.

      (1)   Residential Single-Family Zones.

         (a)   Residential uses.

 

 

         (b)   Agricultural and related uses.

 

         (c)   Public and semi-public uses.

 

         (d)   Home occupations.

 

 

         (e)   Accessory uses.

 

         (f)   Temporary uses.

 

 

         (g)   Bed and breakfast establishments.

 

 

      (2)   Residential Multiple-Family Zones.

         (a)   Residential uses.

 

         (b)   Agricultural and related uses. Not permitted in RM-10/A and RM-20/A.

         (c)   Public and semi-public uses.

 

         (d)   Home occupations.

 

 

         (e)   Accessory uses.

 

 

         (f)   Temporary uses.

 

 

         (g)   Bed and breakfast establishments.

 

 

(Ord. 2012-04, passed 12-5-2012)

   (A)   General. The following property development standards shall apply to all land and buildings, other than accessory buildings, permitted in their respective Residential Zones; except that, any lot shown on an official subdivision map that was duly approved and recorded; or any lot for which a bonafide deed was duly recorded in conformance with the zoning in effect prior to the date of adoption of this code may be used as a building site; excepting therefrom any lot having an area of less than 4,000 square feet. For access purposes, each building site shall have a minimum 30-foot wide easement or right-of-way. A turnaround with a minimum radius of 25 feet shall be provided at the end of each easement over 150 feet in length. No fences or other obstructions shall be placed in the easement area, except with written permission of all other property owners served by the easement. For any parcel of land created after 1-3-1995, an access road to the parcel must be provided prior to the delivery of any combustible building materials. Said access road must be constructed to an all weather standard.

   (B)   Special requirements.

      (1)   In the RS Zone, other lot sizes larger than 6,000 square feet may be specified and designated on the Official Zoning Map by attaching a number designation following the zone classification. (For example, RS-15,000, RS-40,000 or RS-5 (five-acre minimum lot size).) Permitted and conditional uses, property development standards, performance standards and all other requirements and regulations for these alternate zone classifications with the exception of the minimum parcel size, shall be the same as those specified in this code for the zoning classification with the next lower minimum parcel size. (For example, RS-15,000 would have RS-10,000 requirements and RS-40,000 and RS-5 would have RS-36,000 requirements.)

      (2)   Use of a travel trailer or recreational vehicle as a temporary or permanent residence is prohibited.

      (3)   In any Residential Zone, a building used for public or semi-public uses shall maintain a minimum setback of 50 feet from any single-family use.

      (4)   In any Multiple-Family Residential Zone, a mobile, manufactured or modular home may not be used as a main or guest dwelling or accessory living quarters, except in remote areas on parcels larger than two acres where one manufactured or modular home may be allowed with the granting of a conditional use permit. If the property is later developed with multiple-family residential housing, the manufactured or modular home shall be removed.

      (5)   In the RS Zone, on lots of one acre or larger, horses or other domestic farm-type animals shall not be kept in the front yard or street side yard areas. Keeping animals shall also be subject to Coconino County Health Department regulations.

      (6)   A building permit, as required by the Building Code, shall be obtained prior to the construction, reconstruction, alteration or change in use of any building or other structure.

   (C)   General requirements.

      (1)   Residential Single-Family Zones.

         (a)   The following requirements are minimum unless otherwise noted:

 

         (b)   Where a property is adjacent to the national forest, the required side or rear yard minimum setback shall be 80% of the setback shown in division (C)(1)(a) above; except that, in no case shall the setback be less than five feet.

      (2)   Residential Multiple-Family Zones.

         (a)   The following requirements are minimum unless otherwise noted:

 

         (b)   All setbacks shall be measured from property lines. In situations where an access easement is located along a property line, the setback shall be measured from the interior edge of the access easement line. Where an access easement bisects any parcel of land, said easement shall be considered a street for setback purposes and street side yard setbacks shall apply.

         (c)   Where a property is adjacent to the national forest, the required side or rear yard minimum setback shall be 80% of the setback shown in division (C)(2)(a) above; except that, in no case shall the setback be less than five feet.

(Ord. 2012-04, passed 12-5-2012)

   (A)   In all Residential Zones, air conditioners, heating, cooling, ventilating equipment, swimming pool pumps and heaters and all other mechanical devices shall be screened from surrounding properties and streets and shall be so operated that they do not disturb the peace, quiet and comfort of neighboring residents. Facilities for the operation of alternate energy systems shall be exempted from the screening requirements when such screening will clearly restrict the efficient operation of such systems.

   (B)   In all Residential Zones, required front and street side yards shall be landscaped, except for necessary walks, drives and fences. In the RM Zones, the undeveloped site area shall be landscaped. Such required landscaping may include outdoor recreation areas. All required landscaping shall be permanently maintained in a neat and orderly condition.

   (C)   In all RS and RM Zones, outdoor storage of unlicensed or inoperable vehicles, vehicle parts, auto parts, tires, secondhand building materials, pipe, drums, appliances, household furniture, household refuse, unlicensed travel trailers or utility trailers and the like shall be subject to the following conditions.

      (1)   For any lot or parcel of land, the area permitted for the above described outdoor storage shall be 200 square feet. An additional 100 square feet of outdoor storage per acre for properties larger than one acre shall be permitted up to a maximum of 1,000 square feet.

      (2)   On any lot or parcel of land, all outdoor storage shall be located to the rear of the property and screened from neighboring properties and roadways by a wall, non-transparent fencing, landscaping or other structure. Any wall or fencing shall not exceed six feet in height. Stored secondhand materials, vehicles, vehicle parts and the like shall not be stacked so as to be visible above the required screening or more than six feet high. The provisions of this division (C)(2) shall not be construed to restrict the storage of firewood maintained for personal use by the occupant of the premises.

      (3)   All permitted screened outdoor storage areas shall meet the minimum required building setbacks as prescribed by this section. Outdoor storage shall not be permitted on any RS or RM zoned lot unless there is a dwelling on the lot.

   (D)   Required front and street side yards shall not be used for parking or storage of any motor vehicle or vehicle accessory such as camper shells, trailers, motor bikes or other wheeled accessory or convenience; except that, operable motor vehicles may be parked upon the driveway or access way to the garage or carport. One motor vehicle or travel trailer for sale may be parked on or adjacent to the driveway, but not elsewhere in the front or street side setback areas.

   (E)   Commercial vehicles exceeding 26,000 pounds gross vehicle weight and associated commercial equipment shall not be parked, stored or serviced in any Residential Zone.

   (F)   Where a multiple-family dwelling or structure, containing five or more units, including incidental or required accessory uses, abuts property in an Agricultural Residential, Rural Residential, General or Single-Family Zone, a masonry wall or solid wood fence six feet in height and/or screen landscaping shall be established and maintained between such uses and adjacent Residential Zones.

   (G)   Where public or semi-public uses are established, a masonry wall or solid wood fence six feet in height as measured from the highest adjacent grade and screen landscaping shall be erected and maintained between such uses and adjacent residential uses on properties.

   (H)   Apparatus needed for the operation of active and passive solar energy systems or other alternate energy systems, including, but not limited to, overhangs, movable insulating walls and roofs, attached or detached solar collectors, reflectors and piping shall be permitted for any use, subject to the approval of the Town Manager or designee. In the review of the apparatus, the Town Manager or designee shall ensure compliance with the required development standards and may suggest measures to minimize negative visual impacts on the community and/or adjacent property.

(Ord. 2012-04, passed 12-5-2012)

   No sign or outdoor advertising structure shall be permitted in any R Zone, except as provided in § 16.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Attached structures. An accessory structure that is attached to a main structure shall meet all of the requirements for location of the main structure, except as provided in division (D) below.

   (B)   Canopies. Canopies, or roofs attached to the main building or connecting the main building with adetached accessory building, may extend into a required rear or interior side yard; provided that, portions of such structure extending into the yard:

      (1)   Shall not exceed 15 feet in height, nor project closer than five feet to an interior side or rear lot line; and

      (2)   Shall be entirely open on at least three sides except for necessary supporting columns; except that, a roof connecting a main building and an accessory building shall be open on at least two sides.

   (C)   Detached structures.

      (1)   A detached structure shall meet the setback requirements of the main building for the front and street side yard areas.

      (2)   A detached accessory structure which does not exceed 15 feet in height and 600 square feet in area may be located within an interior side yard or rear yard; provided, however, that, such structure shall not be closer than five feet to an interior side or rear lot line.

      (3)   A detached accessory structure which exceeds 15 feet in height, or 600 square feet in area, shall maintain the same minimum side and rear setbacks as required for the main building.

      (4)   A detached structure shall maintain a minimum ten-foot separation from the main structure.

      (5)   Although not requiring a building permit, accessory structures with less than 120 square feet of roof area must meet the above minimum setbacks.

      (6)   For the purpose of this section, swimming pools shall be considered to be a detached structure.

      (7)   Detached structures shall not be permitted prior to the dwelling, except in RS Zones with minimum lot sizes of one acre or more.

      (8)   Plumbing in detached structures shall be limited to one sink and one toilet.

      (9)   Use of accessory structures shall be consistent with § 10.0.

      (10)   The use of mobile homes, semi-trailers, railroad cars, shipping containers, travel trailers, camper shells or similar units as accessory structures is prohibited. Metal storage containers may be permitted; refer to § 14.7.

   (D)   Other structures.

      (1)   Steps, architectural features, such as eaves, awnings, chimneys, stairways, wing walls or bay windows, may project not more than six feet into any required front, street side or rear yard area, nor into any required side yard area more than one-half of said required side yard. Greater projections may be permitted when it is demonstrated that such additional projections are needed for solar or alternate energy purposes, subject to the approval of the Town Manager or designee.

      (2)   Balconies, porches or decks shall not encroach or project into any required setback area.

      (3)   Swimming pools including all accessory or appurtenant structures and equipment shall maintain a minimum setback of five feet from all property lines and buildings. As a precaution against unauthorized use, swimming pools shall be enclosed by a wall or fence not less than five feet in height in accordance with the requirements of the town.

      (4)   Amateur (HAM) radio towers shall be permitted for the personal use of the property owner/resident and subject to the following provisions.

         (a)   Towers shall not project more than 65 feet above grade; establishment of towers above this limit, but less than 100 feet in height, may be permitted only through the variance procedure set forth in § 20. The height of extension antennas shall be determined in their cranked down position and shall remain in said position, except during use.

         (b)   Towers shall meet the minimum setback requirements for the zone in which they are located; no portion of any antenna array shall extend beyond the property lines.

         (c)   It shall be the responsibility of the property owner to demonstrate that the site is adequate in size to contain debris resulting from tower failure and that such failure will not present a safety hazard to adjoining properties.

      (3)   Amateur (HAM) radio towers shall be permitted for the personal use of the property owner/resident and subject to the following provisions.

         (a)   Towers shall not project more than 65 feet above grade; establishment of towers above this limit, but less than 100 feet in height, may be permitted only through the variance procedure set forth in § 20. The height of extension antennas shall be determined in its cranked-down position and shall remain in said position, except during use.

         (b)   Towers shall meet the minimum setback requirements for the zone in which they are located; no portion of any antenna array shall extend beyond the property lines.

         (c)   It shall be the responsibility of the property owner to demonstrate that the site is adequate in size to contain debris resulting from tower failure and that such failure will not present a safety hazard to adjoining properties.

         (d)   It shall be the responsibility of the property owner to demonstrate that the proposed tower complies with any and all federal regulations pertaining to airport operations that may be applicable to the subject property.

      (5)   Satellite dishes up to ten feet in diameter shall be permitted, subject to the following conditions.

         (a)   Ground-mounted dishes shall be located outside of any front and side setback area.

         (b)   All installations must comply with accessory use height requirements.

(Ord. 2012-04, passed 12-5-2012)

   (A)   In any required front or street side yard, an opaque or solid wall or fence shall not exceed three feet in height. Non-opaque fences, which are at least 50% transparent, may be established in any required front or street side yard to a maximum height of six feet.

   (B)   A wall or solid fence not more than six feet in height, as measured from the highest adjacent grade, may be maintained along the interior side or rear lot lines; provided that, such wall or fence does not extend into a required front or street side yard. Extensions of walls or solid fences into required front or street side yards may not exceed three feet in height. Stacking firewood along a property line shall be considered a wall or fence and must meet height limits.

   (C)   Walls or fences exceeding six feet in height may be permitted only through the variance procedure set forth in § 20 and subject to the granting of a building permit.

   (D)   A wall or fence adjacent to a driveway providing vehicular access to an abutting lot shall not exceed three feet in height within 15 feet of the intersection of said driveway and the street right-of- way so as not to obstruct visibility.

   (E)   The provisions of this section shall not apply to a wall or fence required by any law or regulation of the state or any agency thereof.

   (F)   Tires may not be used to construct walls, unless they are fully encapsulated so as to prevent the accumulation of water inside the tires, and subject to the granting of a building permit.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Pre-application procedure. Prior to formal application for a condominium conversion or construction of a condominium development, the applicant shall meet with the Town Manager or his or her designee to review and discuss the feasibility of the proposed project.

   (B)   Application procedure. A conditional use permit application shall be completed and returned to the Town Manager or designee with the following documents:

      (1)   If the application is for a condominium conversion, a report setting forth all repairs and replacements necessary, if any, to immediately place the buildings in substantial compliance with current Building and Safety Codes and the probable cost of such work. Said report shall include a report prepared by a licensed mechanical engineer verifying the condition of the mechanical elements in the project, including, but not limited to, furnaces, air conditioners, pumps, water heaters and plumbing fixtures;

      (2)   If the application is for a condominium conversion, a pest inspection and written report by a certified inspector;

      (3)   If the application is for a condominium conversion, a comprehensive building report which includes age, material and condition where applicable of the following:

         (a)   Type and age of construction;

         (b)   Walls, interior and exterior;

         (c)   Roof;

         (d)   Garaging;

         (e)   Trash disposal;

         (f)   Drainage;

         (g)   Laundry facilities;

         (h)   Current maintenance activities and programs;

         (i)   Estimated number of visiting tenants;

         (j)   Length of existing leases and average rents;

         (k)   Average length of tenancy for existing tenants;

         (l)   Estimated schedule for conversion;

         (m)   Estimated price range of converted units;

         (n)   List of improvements con- templated; and

         (o)   Estimate of available similar housing in the town.

      (4)   For condominium and condominium conversion projects, plot plans shall be submitted indicating the following minimum information:

         (a)   Location, height, the gross floor area and proposed uses of each existing structure and for each proposed structure;

         (b)   Location, use and type of surfacing of all open storage areas;

         (c)   Location and type of surfacing of all driveways, pedestrian ways, vehicle parking areas and curb cuts;

         (d)   Location, height and type of materials for all walls and fences;

         (e)   Location of all landscaped areas, type of landscaping, irrigation plans and a statement specifying the method by which landscaping areas shall be maintained;

         (f)   Location of all recreational facilities and a statement specifying the method of maintenance thereof;

         (g)   Location of parking facilities to be used in conjunction with each dwelling unit; and

         (h)   Location, elevation and type and color of materials to be employed and methods of illumination for signs.

      (5)   Structural elevations shall be required at the discretion of the Town Manager or designee. Elevations shall indicate type of materials used in construction, as well as the method used to provide sound insulation/attenuation in all common walls;

      (6)   For condominium and condominium conversion projects, a report that lists measures taken to make the project energy efficient and environmentally sound. The report shall also include any resource conservation aspects of the project; and

      (7)   Such other information as may be determined by the Town Manager or designee.

   (C)   Standards of development.

      (1)   A tentative tract map for a condominium development shall be prepared and submitted to the town in accordance with the Subdivision Ordinance of the town.

      (2)   All condominiums and condominium conversions shall be developed in accordance with dwelling unit requirements as set forth by the Plumbing and Electrical Code adopted by the town.

      (3)   All existing buildings and structures shall be made to comply with all applicable building regulations of the town in effect at the time of filing a conditional use permit.

      (4)   Utility systems shall exist or shall be constructed to adequately provide for utility services to all condominium units.

      (5)   Each existing tenant of the project shall be given a 120-day notification on the intended condominium conversion and the right to purchase his or her converted multiple dwelling unit prior to the unit being placed for sale.

   (D)   Special conditions.

      (1)   Copies of the required covenants, conditions and restrictions, articles of incorporation and by-laws or other documents of the owner’s association or other entity which controls the common facilities shall be submitted to the town for approval and shall set forth the occupancy and management policies for the project, as well as contain adequate and satisfactory provisions for maintenance, repair and general upkeep.

      (2)   A minimum of two covered parking spaces shall be provided for each dwelling unit. An additional parking space for guests shall be provided for each two dwelling units. Guest parking spaces may be open. For new developments, off-street parking spaces shall be located on the same lot as the condominium unit or shall be constructed as an integral part of the condominium unit.

      (3)   A minimum area of 400 square feet per unit shall be provided in all condominium projects for recreational purposes. Patios of individual units may be included in the satisfaction of this condition.

      (4)   The town may vary from any or all of these conditions in order to ensure compatibility of the use with surrounding developments and uses and in order to preserve the public health, safety and welfare.

   (E)   Findings. The Planning and Zoning Commission shall make the findings contained in § 20.3-7 hereof prior to the granting of a conditional use permit for a condominium or condominium conversion project.

(Ord. 2012-04, passed 12-5-2012)