The intent of this chapter is to accumulate, under one heading, regulations which apply to two or more zones rather than to repeat them several times. it is not the intent of this chapter to specify uses allowed within a zone but to set forth supplementary and qualifying conditions which must be complied with in connection with such uses.

(prior code § 17.12.010)

No required yard or other open space around an existing building, which is needed to comply with the provisions of this title, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing the yard or open space on the lot where a building is to be erected or established.

(prior code § 17.12.020)

Every part of a required yard shall be open to the sky and unobstructed except for permitted accessory buildings and except for ordinary and customary projection of sills, belt courses, cornices, and other ornamental features and unenclosed steps and unwalled stoops, porches, and carports, which may project up to three feet into a required yard. No projection into a required court which is provided in connection with a court apartment shall be constructed except for customary sills, belt courses, and cornices which may extend into the court not more than 16 inches. Canopies over gasoline pumps may extend into a required yard but not closer than three feet to the property lines.

(Prior code § 17.12.030)

No space needed to meet the width, yard, area, coverage, parking, frontage on a public street, or other requirement of this title for a lot or building may be sold, bequeathed, or leased apart from such lot or building unless other space so complying is provided, nor shall any land be sold which will result in an existing or future lot for dwelling purposes that does not comply with all of the provisions of this title.

(Prior code § 17.12.050; Ord. No. NS341 , § 9(Exh. A), 2021)

Editor's note(s)-Ord. No. NS341 , § 9(Exh. A), adopted June 3, 2021, repealed § 17.12.040 and renumbered § 17.12.050 as § 17.12.040. Former § 17.12.040 pertained to every dwelling to be on a zoning lot, and derived from Prior code § 17.12.040.

   A.   Intent of Use. The use shall be intended for the occupants, residents, customers, employees, or guests of the primary structure or use.

   B.   Timing. All accessory buildings or uses shall be built either simultaneously or after the construction of the primary structure.

   C.   Total area. The total gross floor area (gfa) of all detached accessory buildings shall not exceed 50 percent of the gfa of the primary structure or 25 percent of the rear lot, whichever is less. Accessory buildings less than 200 square feet gfa are exempt from inclusion in this calculation.

   D.   Height. Must be lesser than or equal to the height than the existing primary structure. All proposed accessory structures that are greater than one story must be noted on the associated permit and granted administrative approval prior to construction.

   E.   Location. Must be behind the front face of the principal structure.

   F.   Exemptions:

      1.   The use of solar energy collectors for the purpose of providing energy for heating or cooling for primarily use on premises shall be permitted in all zones, whether as part of a principal building or as an accessory building. Such solar collection devices shall not be included in calculating lot coverage.

      2.   Within RR-1 zoning structures intended for the raising and care of animals, or storage of recreational vehicles may exceed total area and height restrictions of this section subject to administrative approval.

   G.   Conditional Use Authorization from the Board of Adjustment. The board of adjustment may grant deviation from one or more conditions of this section. The applicant must adequately demonstrate that there are no adverse impacts to the character of the zoning district in which it is placed.

(Ord. No. NS341 , § 9(Exh. A), 2021)

   A.   Site Location. The accessory dwelling unit added to or included within the principal dwelling, unit or located in a detached structure. Detached accessory dwelling units shall be entirely located behind the front face of the principal structure.

   B.   Development Standards:

      1.   ADUs must be lesser than or equal to the height of the existing primary dwelling unit.

      2.   ADUs are limited in size to a maximum of 50 percent of the gross square footage of the primary dwelling unit or 1,000 square feet whichever is less.

      3.   Detached ADUs shall be a minimum of five feet from the side and rear property lines.

      4.   Must be behind the front face of the principal structure.

      5.   The orientation of the proposed accessory dwelling unit shall to the maximum extent practical, maintain the privacy of residents in adjoining dwellings as determined by the physical characteristics surrounding the accessory dwelling unit, including landscape screening, fencing and window and door placement.

      6.   There must be adequate off-street parking provided.

      7.   Exterior design details and finish materials, roof pitch, trim, eaves, window orientation and dimension must be similar or visually match those of the primary dwelling unit.

      8.   The minimum lot area for an ADU is 5,000 square feet.

   C.   Restrictions:

      1.   No more than one ADU per lot or parcel.

      2.   No more than one kitchen per unit (within detached living structures).

      3.   ADUs shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit.

      4.   Recreational vehicles/travel trailers, mobile homes, manufactured homes, railroad cars and camper shells are not permitted for use as an ADU in any zoning district.

      5.   The property owner must reside in the primary dwelling or the ADU.

   D.   Application Requirements:

      1.   A properly completed and filled out accessory dwelling unit application to the development services department.

      2.   Processing fee.

      3.   Plot plan and narrative illustrating conformance with the development standards of this section.

   E.   Conditional Use Authorization from the Board of Adjustment:

      1.   Conditional use authorization is required to use an ADU for commercial purposes, or for any use other than home occupation.

      2.   The board of adjustment may grant deviation from one or more conditions of this section. The applicant must adequately demonstrate that there are no adverse impacts to the character of the zoning district in which it is placed.

(Ord. No. NS341 , § 9(Exh. A), 2021)

Accessory buildings in any residential zone shall cover not more than 25 percent of the rear yard.

(Prior code § 17.12.060; Ord. No. NS341 , § 9(Exh. A), 2021)

Editor's note(s)-Ord. No. NS341 , § 9(Exh. A), adopted June 3, 2021, repealed § 17.12.070 which pertained to accessory building prohibited as living quarters, and derived from Prior code § 17.12.070. In order to avoid duplication of section numbering, former § 17.12.060 has been redesignated as § 17.12.070 at the discretion of the editor.

The storage of more than one truck having a rated capacity of one and one-half tons (except farm trucks) and the storage of construction equipment such as bulldozers, graders, cement mixers, compressors, dump trucks, etc., shall not be permitted on any lot in any residential zone, provided that construction equipment may be stored on a lot during construction of a building thereon, but not to exceed one year.

(Prior code § 17.12.080)

No yard or other open space surrounding an existing building in any residential zone, or which is hereafter provided around any building in any residential zone, shall be used for the storage of junk, debris, or obsolete vehicles; and no land shall be used for such purposes, except as specifically permitted herein.

(Prior code § 17.12.090)

Public buildings and churches may be erected to any height provided the building is set back from required building setback lines a distance of at least one foot for each additional foot of building height above the maximum height otherwise permitted in the zone in which the building is located.

(Prior code § 17.12.100)

Side setbacks for large buildings in residential zones shall be not less than the length of the building wall measured along the side yard, added to twice the average height and divided by ten except that no dwelling shall be set back less than the minimum distance required in the zone.

(Prior code § 17.12.110)

An accessory building such as a detached carport or garage may be constructed across a common lot line by written agreement between the two adjoining property owners when such agreement is recorded in the office of the county recorder.

(Prior code § 17.12.120)

In zones in which two-family dwellings are permitted, a two-family dwelling may be constructed across a common lot line when separated on the line by a dividing wall, provided a written agreement between the two adjoining property owners is recorded in the office of the county recorder.

(Prior code § 17.12.130)

No dwelling shall be erected which has a ceiling height of less than one story above the average level of the grade on which the dwelling is located. No fence or wall shall be constructed higher than four feet above the grade in any required front or side yard that fronts on a street; provided, however, that fences constructed in side yards that front on streets may be constructed to a height of six feet when located more than 50 feet from the front property line.

(Prior code § 17.12.140)

In all zones which require a front yard, no obstruction which will obscure the view of automobile drivers shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points 35 feet from the intersection of the street lines.

(Prior code § 17.12.150)

No barn, corral, or coop shall be constructed closer than 100 feet to any existing dwelling.

(Prior code § 17.12.160)

(Prior code § 17.12.170) (Ord. NS354, Exhibit A, 2022)

The purpose of this section is to provide requirements and guidelines for drainage design, engineering, and construction for projects and developments within the city. The requirements for sound drainage design, engineering, and construction of all drainage facilities, including storm water, and runoff drainage is an essential part of every development and construction project within the city, and is necessary for the health, safety, and protection of all residents and property owners within the city.

(Ord. NS354, Exhibit A, 2022)

The City of Willcox Drainage Regulations shall apply to all new construction projects and developments except single family detached dwelling units and two-family dwellings, mobile homes, or residential accessory uses on individual lots. Drainage requirements for platted subdivisions can be found under Title 16 Subdivisions.

(Ord. NS354, Exhibit A, 2022)

   A.   On-site surface or underground storm water detention facilities shall be in compliance with all federal, state, and county floodplain requirements and regulations, including any floodplain regulations duly adopted by the Mayor and City Council and designed in accordance with good and acceptable engineering practices, as approved by the Development Services.

   B.   All storm water detention facilities' and drainage facilities' plans, engineering, and construction shall be approved by Development Services.

   C.   All construction and development for which this section applies shall provide a preliminary and a final drainage report prepared and sealed by a professional engineer licensed in the State of Arizona. In addition, when required, owners, developers, and builders shall prepare engineering plans and specifications, and will construct storm water and drainage facilities necessary to ensure that all improvements, buildings, structures, lots, parcels, and properties, located within the subject development and those located adjacent to, upstream and downstream of the construction or development, shall be protected from the adverse impact of storm water runoff caused by or related to the proposed construction or development.

   D.   A Storm Water Pollution Prevention Plan ("SWPPP") shall be required of any development, or construction project, if required to do so in compliance with Arizona Department of Environmental Quality ("ADEQ") or Federal Environmental Protection Agency ("EPA") regulations. In addition, a copy of the Notice of Intent (“NOI”) filed with ADEQ shall be provided to the Development Services, prior to any construction, and a copy of the Notice of Termination ("NOT") filed with ADEQ shall be provided to the city after construction has been completed.

   E.   Any development or project which infringes on the "Waters of the United States," as defined by Section 404 of the Federal Clean Water Act, shall require a summary report, describing any encroachments and requirements for permits (nationwide or specific) as outlined by the Army Corps of Engineers, prepared by a qualified consultant or by the Army Corps of Engineers and submitted to the Development Services. If a specific permit or an Army Corps of Engineers Letter of Determination is required, the owner or developer shall provide copies of the specific permit or Letter of Determination, or other evidence of same satisfactory to the Development Services prior to the issuance of a building permit.

   F.   No part of a private detention basin shall be constructed on public property, in a public right-of-way or public utility easement.

   G.   Operation and maintenance of on-site detention facilities shall be the responsibility of the property owner.

   H.   No detention facility shall retain standing water longer than 36 hours unless the facility has been designed and constructed as a permanent body of water (e.g., a lake) with appropriate health, safety, and water quality measures for such a body of water.

   I.   Detention basins and related facilities should be designed and maintained to minimize the following typical problems:

      1.   Weed growth;

      2.   Sedimentation control;

      3.   Bank deterioration;

      4.   Standing water or soggy surfaces;

      5.   Conditions favorable to breeding mosquitoes;

      6.   Blockage of outlet structures;

      7.   Litter accumulation; and

      8.   Fences, grasses, and plantings falling into disrepair/dying.

   J.   The Building Official periodically may inspect storm water detention and drainage facilities to verify that the detention and drainage facilities are operational and are being maintained to the satisfaction of the city. The city shall have the right of ingress and egress to storm water detention and drainage facilities in perpetuity to perform these inspections.

(Ord. NS354, Exhibit A, 2022)

   A.   The use of retention is not permitted.

   B.   The use of pavement parking lot storage as a primary detention facility is not permitted.

   C.   Building roof-top detention storage is not permitted.

   D.   Individual on-lot storage systems within single-family residential developments is not permitted.

   E.   Surface water from roof tops shall not be allowed to drain onto adjacent lots except after written agreement between the two parties.

(Ord. NS354, Exhibit A, 2022)

The hazards associated with flooding natural or unlined artificial channels include erosion of the channel banks which may occur over a long period of time or during a single storm event. This can present a danger to adjacent structures or other development as the channel banks erode or migrate.

   A.   All new buildings or structures constructed adjacent to a natural watercourse, or an unprotected engineered channel located within the city shall be set back from the channel top of bank a sufficient distance in order to protect the structure from erosion of the channel banks and allow for maintenance access and buffer. An appropriate erosion hazard setback shall be calculated as stated in 17.12.175B.

   B.   The erosion hazard setback shall be measured from the top edge of the highest channel bank with the minimum setback being 20 feet to allow for access and maintenance considerations. There will be watercourses with greater flows that will require setbacks greater than 20 feet. The lowest floor elevation of any structure adjacent to a channel shall be set a minimum of one foot above the 100-year (1% chance) water surface in the channel.

   C.   Exceptions or reductions of the building setback requirements may be granted by Development Services if it can be demonstrated that adequate erosion and flow velocity protection can and will be constructed. All requests and plans for exception or reduction of setback requirements must be accompanied by a detailed soil-stability and/or sediment transport studies approved by Development Services. Requests for reduction of the minimum building hazard setbacks must take access and maintenance into consideration.

   D.   Natural vegetation is not an acceptable means of bank stabilization for the purpose of reducing building setbacks. Vegetation should be used along watercourses where flow velocities are less than five feet per second during the 100-year (1% chance) discharge, and an acceptable seeding and maintenance program shall be established.

   E.   A slope stability analysis of the channel may be required by Development Services if conditions exist which indicate that the channel bank may be or may become unstable.

(Ord. NS354, Exhibit A, 2022)

Wherever a front or side yard is required for a building, which building abuts on a proposed street which has not been constructed but which has been designated by the planning and zoning commission as a future street, the depth of such front or side yard shall be measured from the planned street lines.

(Prior code § 17.12.180)

The setback from the street for any dwelling located between two existing dwellings in any residential zone may be the same as the average for said two existing dwellings, provided the existing dwellings are on the same side of the street, and are located within 150 feet of each other.

(Prior code § 17.12.190)

Concessions, including but not limited to amusement devices, recreational buildings, and refreshment stands, shall be permitted in a public park or playground when approved by the city council.

(Prior code § 17.12.200)

Where domestic sewage facilities are to be used which are not connected to a public sewer, approval of such facilities shall be obtained from the city manager before a building permit may be issued.

(Prior code § 17.12.210)

Gasoline pump islands shall be set back not less than 18 feet from any street line to which the pump island is vertical and 12 feet from any street line to which the pump island is parallel and not less than 12 feet from any residential zone boundary line. If the pump island is set at an angle on the property, it shall be so located that automobiles stopped for service will not extend over the property line. In no case shall pumps be set closer than 12 feet to any street line, nor closer than 12 feet to any side or rear property line. Lots from which gasoline is dispensed to customers at retail shall be not less than 75 feet in width nor less than 100 feet in length.

(Prior code § 17.12.220)

The following regulations are established to increase safety and lessen congestion in the public streets, to provide adequately for parking needs associated with the development of land and increased automobile usage, to set standards for off-street parking according to the amount of traffic generated by each use, and to reduce on-street storage of vehicles.

   A.   Parking And Loading Spaces To Be Permanent: Parking and loading spaces required by this Section 17.12.230 shall be permanently available, marked and maintained in good repair/condition for parking or loading purposes for the use they are intended to serve during the life of the use.

   B.   Fractional/decimal results of calculations shall be rounded to the next highest whole number unless otherwise specified.

   C.   Number of Spaces. The following required off-street parking spaces for the particular use are minimum requirements:

      1.   Single Family residences shall provide two parking spaces within a garage or carport;

      2.   Duplex residential structures shall provide one parking stall within a garage or carport for each unit;

      3.   Multi-family structures shall have two parking spaces for each unit containing one and two bedrooms, each additional bedroom requires one-half additional space. At least one of the spaces required for each unit shall be within a garage or carport;

      4.   Recreational Vehicle Park shall have one space per recreational vehicle and/or travel trailer plus one space for every ten dwelling units/lots for guests;

      5.   Campgrounds shall have one space per camp site;

      6.   Boardinghouses shall have one parking space for each sleeping room;

      7.   Convalescent, nursing, and other such institutions shall have one-half space per residential room/unit plus one space for every four rooms/units for guests and employees;

      8.   Childcare facility shall have one space per 400 square feet of floor area;

      9.   Hotels and motels shall have one parking space per room or suite, plus one parking space for each employee at work on the premises during daylight hours;

      10.   Private clubs and lodge halls shall have one parking space per 250 square feet of floor area or one per four persons at maximum capacity;

      11.   Places of Worship shall have one parking space per five fixed seats or 60 square feet floor area in main sanctuary in the main assembly room where fixed seating is not provided;

      12.   Theaters, auditoriums, sports arenas, and places of assembly shall have one space per five fixed seats or one space per 300 square feet floor area where fixed seating is not provided;

      13.   Mortuaries or funeral parlors shall have 20 parking spaces or one space for each 25 square feet of floor area in all assembly rooms, whichever is greater;

      14.   Cemeteries: one space per 25 burial plots or columbarium units;

      15.   Medical and dental clinics shall have one space per 250 square feet floor area;

      16.   Animal services, (kennel, veterinary) shall have one space per 400 square feet floor area;

      17.   Restaurants, taverns, and lounges shall have one parking space per 300 square feet of floor area;

      18.   Microbrewery, distillery, and/or tasting room shall have one space per 150 square feet floor area plus one space per 200 square feet of outdoor sales area;

      19.   Nightclubs shall have one space per 60 square feet floor area plus one space per 200 square feet of outdoor sales area;

      20.   Professional offices, except clinics, shall have one parking space per 400 square feet of office floor area;

      21.   Government buildings shall have one parking space for each 300 square feet of floor area;

      22.   Schools, K-12 shall have one space per classroom plus one space for each 200 square feet floor area of office areas;

      23.   Financial institutions shall have one space per 250 square feet of floor area;

      24.   Convenience groceries shall have one parking space per employee plus one per 300 square feet of floor area;

      25.   General Retail Business shall have one parking space per 300 square feet of floor area, excluding storage areas;

      26.   Grocery or supermarket shall have one parking space per 250 square feet of floor area, excluding storage areas;

      27.   Vehicle Service stations shall have three spaces per service bay;

      28.   Car wash, full service shall have one space per 200 square feet floor area of sales, office and lounge area;

      29.   Fitness, sports center, and other indoor recreation shall have one space per 200 square feet of floor area;

      30.   Drive-ins (retail) shall have at least 12 off-street parking spaces, or sufficient off-street parking spaces to accommodate all patrons or customers, whichever is greater. No patron or customer may be served in automobiles which are parked on public streets;

      31.   Self-storage, indoor shall have one space per 5,000 square feet of storage area;

      32.   Nursery, commercial; feed store; farm equipment store shall have one space per 500 square feet of sales and display area;

      33.   Industrial, manufacturing, and wholesale establishments shall have one parking space per two employees based on the largest shift;

      34.   Distribution warehouse/yard shall have one space per 2,000 square feet of warehouse and/or 5,000 square feet of yard related area plus one space per 350 square feet of office area;

      35.   Personal service shops shall have three spaces per 1,000 square feet of floor area;

      36.   Recreation center shall have one space per 100 square feet of floor area;

      37.   Flea market shall have one space for each 500 square feet of site area;

      38.   Library, museum, or art gallery shall have ten parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet.

      39.   Uses Not Mentioned. The required off-street parking for any building, structure or use of land of a type which is not listed in this subsection shall be determined by the zoning administrator. The zoning administrator shall be guided by comparison with the requirements for similar uses which are listed.

   C.   Location and Control of Parking Facilities. Off-street parking facilities required by this title shall be located on the same lot or parcel of land as the use they are intended to serve, except that in cases of practical difficulty for uses other than dwellings, the board of adjustment may approve a substitute location which meets the following conditions:

      1.   All or part of substitute location must be on an adjacent lot or within 200 feet from the main use measured along or across a public street;

      2.   The substitute lot must be in the same possession as the use it is intended to serve and must be maintained as long as the use or structure exists. Such possession may be by deed or long-term lease (at least 20 years). Where parcels or tracts of land are not a part of the plot on which the principal use lies, the applicant shall submit with his or her application for a building permit an instrument duly executed and acknowledged, which subjects said parcels or tracts of land to parking uses in connection with the principal use for which it is made available. The applicant shall deposit the necessary recording fee, and upon the issuance of a building permit, the zoning administrator shall cause said instrument to be recorded in the office of the county recorder;

      3.   Not more than 30% of the area contained within a required front yard or side yard adjacent to a street in any residential zone may be used for driveways or for the parking of automobiles.

   D.   Computation of Required Parking Spaces. For the purpose of computing off-street parking spaces which are required by this title, the following rules shall apply:

      1.   “Floor area” means gross floor area, unless otherwise specified for a particular use;

      2.   In stadiums, sports arenas, churches, and other places of assembly in which benches or pews are used in place of seats, each 18 inches of length of such benches or pews shall be counted as one seat.

   E.   Combined Parking Areas. The required off-street parking and loading facilities may be provided collectively for two or more buildings or uses, provided that the total number of parking spaces shall be not less than the sum of the requirements for each of the individual uses.

   F.   Mixed Uses. In the event that two or more uses occupy the same zoning lot, or parcel of land, the total requirements for off-street parking and off-street loading space shall be the sum of the requirements of the various uses computed separately.

   G.   Access to Parking Facilities.

         1.   Access driveways shall be provided for ingress to and egress from all parking and loading facilities. Each parking and loading space shall be easily accessible to the intended user;

      2.   Forward travel to and from parking facilities from a dedicated street or alley shall be required for all uses, except for parking which has been provided in connection with one and two-family dwellings. The parking area shall be adequate to facilitate the turning of vehicles to permit forward travel upon entering a street;

      3.   Access to all off-street parking facilities shall be designed in a manner which will not interfere with the movements of vehicular and pedestrian traffic.

   H.   Circulation Within a Parking Area. Circulation within a parking area shall comply with the following requirements:

      1.   Parking area with more than one aisle must be so arranged that a car need not enter the street to reach another aisle within the same parking area;

      2.   Directional signs shall be required to differentiate between entrances and exits to the street.

   I.   Location of Parking Facilities Restricted. Parking and loading facilities may be located any place on the premises except for areas that are required to be landscaped. Off-street parking space which is required in connection with a use shall be construed to be part of that use and shall not be located within another zone unless expressly permitted therein.

   J.   Lighting of Parking Areas. Any lighting used to illuminate off-street parking facilities or vehicle sales areas shall be so arranged as to reflect the light away from the adjoining premises in any residential zone and shall be in compliance with all city light pollution regulations.

   K.   Continuing Obligation. The required off-street parking and loading facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking or loading space continues. It is unlawful for an owner of any building or use to discontinue or dispense with the required vehicle parking or loading space without providing other vehicle parking or loading space which meets the requirements of this title.

   L.   Plot Plan Approval Required. At the time a building permit is requested for any building or structure, or at the time the use of land is changed which requires additional off-street parking space, a plot plan shall be submitted showing the location and layout of such required space along with access aisles, roadways, curbs and curb cuts. The zoning administrator shall disapprove such plans if he finds that the required spaces are not usable for standard sized automobiles or do not comply with the requirements for off-street parking as set forth in this title.

   M.   Landscaping Required. Except in commercial zones, all off-street parking lots for five or more vehicles shall be bordered by a curb and hedge as directed by the zoning administrator. A landscaped strip at least three feet in width may be substituted in lieu of a hedge.

   N.   Off-street Loading Space Required. For every building having a gross floor area of 5,000 square feet or more to which goods, material, merchandise, or supplies are received or distributed by vehicle, there shall be provided at least one off-street loading space. One additional loading space shall also be provided for each additional 20,000 square feet of gross floor area of such building or for each vehicle which must be loaded or unloaded at the same time, whichever requirement is greater. Each required off-street loading space shall be not less than ten feet in width, 25 feet in length, and 14 feet in height.

   O.   Except as noted below, all parking, loading areas and all driveways shall be paved with double bituminous (“chip seal”) surface treatment or with an equivalent or better treatment approved by the city.

      1.   A two-inch thick gravel surface, or equivalent may be considered by the city, if the site takes primary access off a dirt or gravel road.

      2.   All surfaces shall properly designed and constructed to prevent impoundment of surface water.

      3.   If any of the roads accessed by the use are improved with a double bituminous (“chip seal”) surface treatment or better, any expansion of the use requiring a building permit, or a change of use shall require that all existing and required additional parking and loading areas and driveways be improved per the standards in this section within six months from the date of building permit issuance for the expansion.

      4.   In the RR-1 zoning district:

         a.   The driveway shall be improved from the street to the garage or carport. Auxiliary driveways can remain native surface provided they are not regularly used and do not create dust or drainage issues.

         b.   The driveway shall consist of a minimum of 2" thick gravel (1" minus) surface or better.

         c.   An improved apron consisting of concrete or asphalt shall be provided no less than fifteen (15) feet wide by five (5) feet deep and a minimum of 4" thickness.

(Prior code § 17.12.23 0) (Ord. NS360, Exhibit A, 2023; Ord. NS365, Exhibit A, 2023; Ord. NS369, Exhibit A, 2025)

Access to all lots and parcels of land having frontage on a public street shall be controlled as follows:

   A.   Access shall be by not more than two driveways from any one street;

   B.   Driveways shall be not closer to each other than 20 feet unless a greater distance is required elsewhere in this title;

   C.   Each driveway shall be not more than 30 feet in width in any commercial or industrial zone measured at right angles to the centerline of the driveway, except as increased by permissible curb return radii. In residential zones, driveways shall be not more than 20 feet in width, except as may be approved for a large-scale development;

   D.   On corner lots, no driveway shall be closer than 25 feet to the point of intersection of the front property line with the side property line which abuts upon a street;

   E.   Where there is no existing curb and gutter or sidewalk, a curb or fence may be required by the city.

(Prior code § 17.12.240)

Front yards and side yards of all dwellings which front on public streets must be landscaped except for the area which is devoted to driveways and off-street parking space.

(Prior code § 17.12.250)

The purpose of the landscaping requirements in this title shall be to enhance, conserve, and stabilize property values by encouraging pleasant and attractive surroundings and thus create the necessary atmosphere for the orderly development of a pleasant community. Landscaping also contributes to the relief of heat, noise, and glare through the proper placement of green plants and trees.

(Ord. NS359, Exhibit A, 2023)

   A.   These landscaping standards shall apply to the following:

      1.   All new development and redevelopment, unless otherwise exempted in this Code; and

      2.   Projects that include the redevelopment of parking lots for expansions creating 5,000 square feet or more of impervious surface. Resurfacing and re-striping projects are not considered parking lot redevelopment projects.

      3.   Existing development where the gross floor area of an existing building is expanded or enlarged by 50% or more.

   B.   Exemptions: These landscaping standards shall not apply to the following areas or activities:

      1.   Single and two-family dwellings that are not part of a new subdivision.

      2.   Any expansions or enlargements that do not meet the thresholds identified in Section 11.12.261.A., above.

   C.   Nonconforming Landscape: Any use of property, which, on the effective date of the ordinance codified herein, is nonconforming only as to the regulations relating to landscaping may be continued in the same manner as if the landscaping were conforming.

(Ord. NS359, Exhibit A, 2023)

   A.   Landscape areas shall be designed and maintained in accordance with the approved landscape plan and all relevant sections of these regulations.

   B.   Minimum Percentage of Site Area to be Landscaped

      1.   Multifamily: Thirty percent

      2.   Commercial and Mixed Use: Fifteen percent

      3.   Industrial: Five percent

   C.   Native, low-water, drought-tolerant, adaptive plants shall be used where landscape is required. Plants shall be suitable for the local soil conditions and climate.

   D.   Vegetative screening, combined with architectural treatments, shall be provided to screen unattractive views and facilities such as storage areas, trash enclosures, railroad sidings and yards, transformers, generators, heavy mechanical equipment and other similar features.

   E.   Avoid Obstructions:

      1.   Trees may not be planted where they will interfere with any overhead or underground utility lines in their initial planted, or mature height or width.

      2.   Trees are not to be planted in any sight visibility triangle. Shrubs to be planted in any sight visibility triangle shall be of varieties that do not exceed mature heights of more than 24 inches, as measured from finished grade.

      3.   Trees shall not be planted closer than five feet, as measured to the face, of any curb.

   F.   Minimum size of material at installation.

      1.   All trees shall have a 15-gallon minimum container size.

      2.   All shrubs shall have a minimum five-gallon container size.

      3.   All groundcovers utilized on site shall have a minimum one-gallon container size.

   G.   Maintenance:

      1.   Required landscaping areas shall be maintained in a neat, clean, orderly, and healthful condition. This includes proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of dead plants and the regular watering of all plantings.

      2.   Plant material shall not be severely pruned such that the natural growth pattern or characteristic form is significantly altered,

      3.   All landscape improvements, shall be maintained, in perpetuity, by the property owner or owners’ association (should the property be subdivided) or the lessee of the site.

      4.   Modifications and/or removal of any existing live landscaping on applicable development shall require prior approval by the city. Any alteration or deterioration of required landscape improvements and areas shall be considered a violation of this chapter and any applicable ordinance.

   H.   Irrigation Required: An irrigation plan shall be submitted as part of the landscape documentation package.

      1.   The irrigation plan must show that the irrigation system provides complete coverage of all areas to be irrigated. While head-to-head coverage is recommended, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.

      2.   All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation and efficient use of water. Irrigation systems and watering schedules shall supply the appropriate amount of water without over-watering.

      3.   Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system and shall comply with local plumbing codes.

(Ord. NS359, Exhibit A, 2023)

Where landscaping is required in this title, a planting plan showing the location and name of plant materials, or other materials, and watering system shall be submitted to the zoning administrator. The planting plan shall contain the final calculations, data, and specific details and information of all proposed landscaped areas, landscape materials, screening walls, and irrigation requirements. It shall clearly indicate the quantity and size of each tree, shrub, and groundcover to be installed. An irrigation design plan meeting the requirements stated in 17.12.262 shall be submitted as part of the landscape documentation package. It shall clearly indicate the location, type, and size of all components of the irrigation system, including backflow preventer, flow sensor, master valve, smart irrigation controllers, main and lateral lines, manual valves, remote control valves, sprinkler heads, moisture sensing devices, end caps, quick couplers, and pressure regulators.

The same plot plan used to show parking layout or other requirements for the issuance of a building permit may be used to show landscaping, provided all proposed landscaping is detailed adequately on said plot plan. The zoning administrator may disapprove such plans if he determines that they are not consistent with the intent of this title.

(Ord. NS359, Exhibit A, 2023)

(Prior code § 17.12.270; Ord. No. NS343 , § 7(Exh. A), 2021)

Signs are herein regulated in the interest of authorizing the use of signs which are compatible with their surroundings, appropriate to the type of activity to which they pertain, expressive of the identity of individual proprietors, legible in the circumstances in which they are seen, protective of scenic views and dark night skies and not a traffic hazard.

(Ord. No. NS343 , § 7(Exh. A), 2021)

   A.   Location.

      1.   No sign shall be placed in such a position as to endanger pedestrians, bicyclists, or traffic on a street by obscuring the view or by interfering with official street signs or signals by virtue of position or color.

      2.   No sign may be placed within a sight triangle.

      3.   Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground utility and communications lines or equipment.

      4.   No freestanding sign may occupy an area designated for parking, loading, walkways, driveways, fire lane, easement, cartway of the right-of-way or other areas required to remain unobstructed.

   B.   Construction and Maintenance. Every sign shall be constructed of durable materials and shall be maintained in safe condition and good repair at all times so that all sign information is clearly legible.

(Ord. No. NS343 , § 7(Exh. A), 2021)

   A.   Minor repairs, maintenance, painting of signs, or changes in the copy which do not alter the height, area, location, or structural characteristics shall not require a permit.

   B.   Provided all other provisions of these zoning regulations are met, sign permits shall not be required for the following:

      1.   Nameplate signs used in connection with a home occupation - shall not exceed 226 square inches in area.

      2.   Temporary signs pertaining to the sale or lease of residential property that do not exceed 15 square feet in area.

      3.   Temporary political signs.

      4.   Temporary window graphics.

      5.   Temporary on-site and off-site special event signs.

      6.   Banners, pennants, and devices set in motion by the wind.

      7.   Murals, artwork or painting on a wall, facade, or other parts of a building or public water tank, provided such signs do not contain any commercial messaging.

      8.   Banners, used by the city to support a city council-approved event or activity.

      9.   Directional signs four square feet in area or less and no higher than 30 inches in height, so as not to block visibility at points of ingress and egress which direct and guide traffic and parking, which are limited to directional text/symbols and logo.

      10.   Flags.

(Ord. No. NS343 , § 7(Exh. A), 2021)

   A.   The "area of a sign" includes all lettering, wording, and accompanying designs or symbols together with any background material or freestanding supports. Where a sign consists of individual letters attached to or painted on a building or wall or window, the area of the sign shall be considered to be that of the smallest rectangle, which encompasses all of the letters or symbols. This measurement excludes the necessary supports or uprights on which the sign may be placed.

   B.   A spherical, double-faced, or multi-faced sign shall be counted as one sign, and its measured area shall be the maximum surface that is visible from any single viewing position on or above the ground.

(Ord. No. NS343 , § 7(Exh. A), 2021)

This section of the regulations pertains to signs within the following zones: R-1, R-2, R-3, R-3-A, R-3-M, R-4, R-5, and RR-1.

   A.   Nonresidential Uses and Multiple-Family Dwellings in Residential Zones.

      1.   One freestanding or wall sign per street frontage of developed parcel is allowed.

         a.   Not to exceed 12 square feet in area.

         b.   Freestanding sign shall not exceed six feet in height.

         c.   Must be placed on private property behind the lot line.

   B.   One- and Two-Family Dwellings in Residential Zones. No advertising signs of any kind shall be permitted in any residential zone, except for:

      1.   Signs pertaining to the sale or lease of residential property, which shall not exceed 15 square feet in area.

      2.   A nameplate or sign indicating the existence of a home occupation, which shall not exceed 226 square inches in area.

   C.   Subdivision, Mobile Home Park, and Travel Trailor Park Signs in Residential Zones.

      1.   One permanent, freestanding sign displaying the subdivision or park's name is allowed per vehicular entrance, not to exceed two signs, per development, total.

         a.   Not to exceed 32 square feet in area.

         b.   Shall not exceed six feet in height.

         c.   Must be placed on private property a minimum of five feet from any lot line.

(Ord. No. NS343 , § 7(Exh. A), 2021)

See section 17.52.070, separate approval for signs within a historic district of landmark protection area.

(Ord. No. NS343 , § 7(Exh. A), 2021)

This section of the regulations pertains to signs within the following zones: H-1, CC-1, CC-2, GC-1, I-1, and I-2.

   A.   Freestanding Signs.

      1.   A single business in commercial or industrial zoning districts shall be limited to one multi-faced freestanding sign identifying the business, designating the principal goods or products, and facilities or services available on the premises, per 300 lineal feet of street frontage. For a lot sharing more than one street frontage, each street frontage will be calculated separately.

      2.   The maximum sign area of a freestanding sign for a single business in commercial or industrial zoning districts shall be 0.25-square foot per lineal foot of street frontage where the sign faces to a maximum of 32 square feet on a local or collector road. On an arterial road or Ft. Grant Road/Rex Allen Drive, each business in commercial or industrial zoning shall be limited to a maximum sign area of 0.5-square foot per lineal foot of street frontage where the sign faces to a maximum of 64 square feet

      3.   The maximum sign height of a freestanding sign for a single business in commercial or industrial zoning districts shall be six feet above grade on a local road or a collector road and 20 feet above grade on an arterial road or Ft. Grant Road/Rex Allen Drive.

      4.   There shall be at least 100 linear feet of separation between all freestanding signs on the same side of the road.

      5.   Signs shall be placed a minimum of five feet from any property line and be located entirely on private property.

      6.   Sign illumination is permitted but must comply with the regulations contained in chapter 10.03, light pollution and regulation.

      7.   Signs, not on ADOT right-of-way, adjacent to I-10.

         a.   No more than one per parcel. Vertically or horizontally stacked signs shall not be permitted.

         b.   The aggregate sign area must not exceed two square feet per linear foot of street frontage up to a maximum of:

            i.   Six hundred seventy-two square feet for signs oriented towards, and visible from, Interstate 10.

            ii.   Two hundred fifty square feet for lots not oriented towards, or visible from, Interstate 10.

         c.   All billboards must be spaced a minimum of 1,000 feet apart.

         d.   May not be located any closer than 500 feet from any intersection, or interchange (on/off-ramp).

         e.   Sign height is limited to a maximum of 30 feet in height above the crown of the road. The crown of the road is measured as the highest point of the driving surface of the road, excluding any sidewalls, "jersey barriers," etc.

         f.   Sign illumination is permitted but must comply with the regulations contained in chapter 10.03, light pollution and regulation.

         g.   Billboards may only be permitted in the following zoning districts: H-1, I-1 and I-2.

         h.   This section does not include the leasing of commercial billboards already existing within the city, nor does it include billboards along, or within 660 feet of I-10.

   B.   Wall Signs.

      1.   In addition to freestanding sign(s), each business may have wall signage.

      2.   Signs shall not extend above the roofline or the top of a parapet wall.

      3.   The total area for wall signs for a single business in commercial or industrial zoning districts shall be one square foot per linear foot of building frontage. On buildings that have more than one building frontage, each frontage can be used to calculate the overall signage square footage. No single wall sign shall exceed 24 square feet in area. The total square foot area shall not exceed 64 square feet in area.

   C.   Projecting Signs.

      1.   No portion of a projecting signs shall project more than four feet from the face of the building. The lowest edge of a projecting sign shall be at least eight feet above the finished grade.

      2.   Each projecting sign shall have a maximum area of 12 square feet per sign face.

(Ord. No. NS343 , § 7(Exh. A), 2021)

The following regulations shall govern the operation of certain transitory or seasonal uses:

   A.   Application for a temporary use permit shall be made to the zoning administrator, and shall contain the following information:

      1.   A description of the property to be used, rented, or leased for the temporary use, including all information necessary to accurately portray the property;

      2.   A description of the proposed use;

      3.   Sufficient information to determine the yard requirements, sanitary facilities, and availability of parking space to service the proposed use.

   B.   The following are temporary uses and are subject to the following specific regulations and time limits, in addition to the regulations of any zone in which the use is located:

      1.   Carnival or Circus. When authorized by the city council, a temporary use permit for a carnival or circus may be issued in any zone, for a period not longer than 15 days;

      2.   Christmas Tree Sales. A temporary use permit, when authorized by the city council, may be issued for the display and open-lot sales of Christmas trees for a period not longer than 45 days;

      3.   Contractor's Office and Equipment Sheds. In any zone, a temporary use permit may be issued for a contractor's temporary office and equipment sheds incidental to a construction project. The permit shall be valid for not more than one year but shall be renewable for one year. The office or shed shall be removed upon completion of the construction project;

      4.   Real Estate Sales Office. In any zone, a temporary use permit may be issued for a temporary real estate sales office in any new subdivision or large scale development which has been approved in accordance with city regulations. The permit for such office shall be valid for not more than one year but is renewable for up to three years. The office shall be removed upon completion of the development. A model home may be used as a temporary sales office.

(Prior code § 17.12.280)

No mobile home shall be placed on any lot or parcel of land within the city except in compliance with section 17.40.040 and with one or more of the following conditions:

   A.   When temporarily located on a lot on which a building is being constructed, but not to exceed one year, provided that a bond or a mortgage on the mobile home or other property in the amount of $200.00 shall first be posted with the city guaranteeing the removal of the trailer house from the lot within one year from date of permit;

   B.   When placed in an approved mobile home park or travel trailer court;

   C.   When placed in an approved mobile home subdivision;

   D.   When located in the R-3-A and R-3-M zones and all of the regulations of the R-3-A and R-3-M zones are complied with pertaining to area and width of lot, size of yards and height and size of buildings.

   E.   1. Manufactured homes installed within the city limits of Willcox, shall be no more than 15 years old from the date of manufacture at the time the permit application is filed with the City of Willcox Building Department.

      2.   A permit to relocate a manufactured home that is older than 15 years shall not be issued to allow the manufactured home to be moved to another location within the city limits.

      3.   Any manufactured home older than 15 years that is located within the city limits at the time that it becomes 15 years old may remain in its current location unless the building official deems it out of compliance with the then existing city codes and requirements and it is not brought into compliance within a timely manner.

(Ord. NS116, 1986; Ord. NS164, § 1, 1993; Ord. NS260, § 1, 2005)

The board of adjustment may grant a permit for a home occupation subject to the following conditions:

   A.   A home occupation is permitted in the zone;

   B.   The home occupation is conducted entirely within a dwelling and is carried on in the dwelling only by members of the residing family;

   C.   The home occupation does not involve the use of any accessory buildings or yard space for storage or activities outside the dwelling not normally associated with residential use;

   D.   No commercial vehicles are used except for one delivery truck which does not exceed three-fourths-ton rated capacity;

   E.   The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling;

   F.   Signs are limited to one sign not larger in area than 226 square inches;

   G.   Not more than the equivalent of 25 percent of the ground floor area of the dwelling is devoted to the home occupation;

   H.   The home occupation is registered with the city license division or department;

   I.   Entrance to the home occupation from outside shall be the same entrance normally used by the residing family, except when required otherwise by regulation of the state health department or other public agency;

   J.   The physical appearance, traffic and other activities in connection with the home occupation is not contrary to the objectives and characteristics of the zone in which the home occupation is located and does not depreciate surrounding values as determined by the board of adjustment.

(Prior code § 17.12.300)

Utility buildings and structures such as water, sewer and electric buildings and structures may be constructed in all residential zones only after approval by the board of adjustment. The board of adjustment may require conditions which are reasonably necessary to protect surrounding property values and residential amenities.

(Prior code § 17.12.310)

At least one side of each lot used as a dwelling site shall abut upon a public street which will provide access to the dwelling, except in large scale developments, and the length of such abutting side, measured at the required setback line shall be at least as great as the width required for dwelling sites in the zone in which such building site is located. The board of adjustment may permit a dwelling to be built upon a lot which does not front upon a street subject to the following conditions:

   A.   The entire front of the building can be viewed from a public street;

   B.   The building is constructed at least 24 feet from the nearest building on the same or adjoining lot;

   C.   The development will not cause undue concentration of population;

   D.   In the opinion of the board of adjustment, values in the area will be safeguarded adequately.

(Prior code § 17.12.320)

Uses of land which are not expressly permitted within a zone are expressly prohibited therein, except as may be permitted by action of the board of adjustment pursuant to express authority given under the terms of this title. Where the board of adjustment determines a use to be similar to other uses permitted in the zone, such use shall thereafter be deemed to be permitted just as if it were listed therein on the effective date of the ordinance codified in this title.

(Prior code § 17.12.330)

   A.   No permit shall be issued for the moving of any residential, commercial, or industrial building, which has had prior use, from one site within the city to another site within the city or from a site outside of the city to a site within the city, without first filing an application with the zoning administrator.

   B.   The following information shall be filed with the zoning administrator at the time the application is made:

      1.   Location and address of the old and new site;

      2.   Plot plan of the new location showing adjacent lots on all sides of the property;

      3.   Plans and specifications for the proposed improvements at the new location, including plans for landscape treatment.

   C.   The application shall then be submitted to the board of adjustment for approval.

   D.   Before the board of adjustment may approve an application for the moving of a building onto a lot within the city, it must find:

      1.   That the building will have no appreciable detrimental effect on the living environment and property values in the area into which the structure is to be moved;

      2.   That the building and the lot on which the building is to be located will conform to the requirements of this title and building code;

      3.   That all required dedications and improvements for streets and other facilities shall be provided in conformity with city standards.

   E.   The building and grounds shall be brought up to the standards required of new buildings before being occupied.

   F.   Before a permit to move a building may be granted, the applicant shall post a bond or other assurance as determined by the board of adjustment to cover costs of bringing the buildings and grounds up to standard. In the event of failure to comply with conditions required by the board of adjustment, the city council may declare the bond or other assurance forfeited and use the proceeds therefrom in performing the work.

   G.   The bond shall also cover the costs involved in cleaning up the vacated site and restoring it to a safe and sightly condition.

(Prior code § 17.12.340)

The board of adjustment may permit a rest home in zones in which such uses are permitted, provided the lot is at least 100 feet wide, contains at least one-half-acre of land; the building is located at least 50 feet back from the front lot line; and in the opinion of the board, will not depreciate surrounding values.

(Prior code § 17.12.350)

Any new commercial development (H-1, CC-1, CC-2, GC-1, I-1, and I-2) on property adjoining a residential zone (RR-1, R-1, R-2, R-3-A, and R-3-M) shall provide a sight-obscuring fence and/or other satisfactory buffer, and landscaping to insure compatibility with and provide protection to the neighboring residential zone. The buffer and landscaping which the developer proposes shall be clearly indicated on the building permits application. Landscaped screening shall consist of evergreen shrubs, closely spaced and maintained at specified height. Screening shall consist of mature shrubs and shall be maintained at a height of from four to six feet, unless otherwise permitted.

(Ord. NS-66, 1979; prior code § 17.12.360; Ord. NS359, Exhibit A, 2023)