Winslow City Zoning Code

Prior to the construction or remodeling of any building or accessory structure a building permit and an approved site plan are required.

Application for a site plan and building permit shall be made in accordance with the City’s development procedures ordinance.

Permitted uses are intended to provide guidelines for permitted types of uses. Specific uses may not be listed that due to their similarity to other allowed uses will be considered permitted based on a written determination by the Zoning Administrator. These written determinations shall be recorded as similar uses for future reference and consistent application.

The Zoning Administrator’s determination may be appealed to the Planning and Zoning Hearing Officer. The Planning and Zoning Hearing Officer may approve or deny the similar use but shall show reasons for their decision in the planning and zoning record. Upon approval by the Planning and Zoning Hearing Officer, the use is allowed. Uses approved by the Planning and Zoning Hearing Officer or the Zoning Administrator shall be presented to the City Council for possible addition to this title as an ordinance amendment the next time the ordinance codified in this title is considered for amendment.

Uses normally accessory to principal or conditional uses shall be permitted as specified. No accessory use or structure shall be permitted in any district until its principal use or structure is present or under construction unless specifically approved by the Planning and Zoning Hearing Officer.

Nonprofit medical marijuana dispensaries, infusion (or manufacturing) facilities, and/or cultivation shall not be a permitted or conditionally permitted accessory use in any district, except that a qualifying patient or designated caregiver who possesses a valid registry identification card which states that the qualifying patient or designated care-giver is authorized to cultivate marijuana for medical use at the subject location, shall be permitted to cultivate up to twelve (12) marijuana plants within a medical marijuana enclosed, locked facility pursuant to A.R.S. § 36-2801. Said facility may be located within a locked closet or room inside a dwelling or be located in a separate structure as an accessory use at the qualifying patient’s place of residence. Said marijuana may only be cultivated and possessed by a qualifying patient or designated caregiver, and may only be used by a qualifying patient on whose property the marijuana was cultivated or by a qualifying patient of the designated caregiver on whose property the marijuana was cultivated.

Temporary Buildings. Temporary buildings for uses incidental to construction work are permitted. Such buildings shall be removed upon completion or abandonment of the construction work. Such temporary buildings shall not be used as residences except as follows:

Portable type structures may be allowed for use as temporary real estate sales offices when associated with a land or housing sales operation at a subdivision.

All lighting for off-street parking or loading areas or for the external illumination of buildings shall be directed away from and shielded from illuminating upwards into the sky or any adjacent residential lot or district and shall not detract from visibility on adjacent streets.

Lights shall not be mounted higher than twenty-five (25) feet above grade either on buildings or poles.

Light poles may not be constructed in any required setback.

No building or structure or any portion thereof which exceeds a height of twenty (20) feet shall be erected or structurally altered within five hundred (500) feet of the projected center line of an existing or proposed runway or landing strip for a distance of one thousand (1,000) feet from the end of the existing or proposed runway or landing strip.

No building or structure or any portion thereof shall be erected to exceed a height that would interfere with the takeoff or landing of a plane with a glide angle of one (1) foot vertical for every forty (40) feet horizontal, such glide angle to be computed as beginning at a point on the extended center line of the runway two hundred (200) feet beyond and at the same elevation as the end of the runway pavement; or, if runway pavement is not provided, one hundred (100) feet beyond and at the same elevation as the end of the landing strip.

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, extreme topography, low percolation rate or bearing strength, erosion susceptibility, or any other features likely to be harmful to the health, safety and general welfare of the community.

The Planning and Zoning Hearing Officer, in applying the provisions of this section, shall state in writing the particular facts upon which its conclusions are based.

The applicant shall have the right to present evidence contesting such determination to the City Council if he so desires, whereupon the City Council may affirm, modify or withdraw the determination of the unsuitability.

No building or structure shall be moved to or be placed upon any other premises within the City until a permit for such relocation shall have been issued by the Zoning Enforcement Officer.

Any such building or structure shall conform to all provisions of this title in the same manner as any new building or structure.

No such building or structure shall be used or occupied until a final inspection and notice of approval by the City Inspector.

No mobilehome or manufactured home shall be permitted for placement within the City limits if it is older than fifteen (15) years.

All mobilehomes and manufactured homes shall be equipped with tiedowns consistent with factory installation guidelines.

All mobilehomes and manufactured homes shall be skirted with fire-resistant material which is not susceptible to rapid weathering or they shall be placed on a permanent foundation or stem wall.

No material may be stored over or against a mobilehome or a manufactured home.

Mobilehome and manufactured home lots or spaces shall be kept free from open-stored materials.

No flammable materials shall be stored beneath a mobilehome or manufactured home.

A container with an operable lid, acceptable to the city, for temporary outdoor storage of garbage, refuse, and other solid waste materials shall be provided for every use on every occupied parcel in every zoning district. All existing and new non-residential uses and multiple-family residential uses shall be served by one (1) or more container(s) with operable lid(s), acceptable to the city, of a total capacity sufficient to contain the volume of solid waste generated by the use on the property. Waste shall not overflow the container(s) onto the surrounding ground, nor shall the container(s) be filled to a level that prevents the lid(s) from closing completely.

All new development in the commercial and industrial zoning districts shall be required to utilize a dumpster or dumpsters of a total capacity sufficient to contain the volume of solid waste generated by the use on the property. Waste shall not overflow the dumpster(s) onto the surrounding ground, nor shall the dumpster(s) be filled to a level that prevents the lid(s) from closing completely. New development and changes in use of existing buildings in the I-66 and C-66 zoning districts shall be required to utilize a dumpster or dumpsters of a total capacity sufficient to contain the volume of solid waste generated by the use on the property, except for sites that cannot physically accommodate dumpster(s) and required dumpster enclosure(s) and/or provide the access area required by a standard dumpster-handling waste removal vehicle.

In addition, dumpster enclosures shall be provided for all new nonresidential and multiple-family residential uses which use dumpsters, and shall be constructed so that contents of dumpsters are not visible from a height of five (5) feet from above grade from any abutting street or property. Existing nonresidential and multiple-family residential uses which use dumpsters shall be required to provide dumpster enclosures as a condition of approval for any building permit(s) resulting in substantial improvement, as defined in Chapter 15.16, Flood Damage Prevention, of this code, to the structure(s) served by the dumpster(s). Dumpster enclosures shall comply with the following regulations:

Dumpster enclosures shall be located according to the following criteria when permitted by the physical configuration of the subject property:

Dumpster enclosures on properties with a physical configuration that does not permit compliance with subsection (D)(1) of this section shall have access facing the interior of the property where physically possible.

Yard sales are permitted in all residential neighborhoods; provided, that such sales are held for not more than forty-eight (48) hours at a time nor more than four (4) times in any twelve (12) month period.

Yard sales held longer than forty-eight (48) hours at a time or held more often than four (4) times in any year, at any single address, are considered to be a commercial use and shall be restricted to commercially zoned areas.

A permit is required to hold a yard sale. Permits are available at no cost.

In addition to the location of fowl in single-family detached residences in accordance with Section 6.24.010, this section allows for the keeping of fowl (chickens) in MH-MF (applicable only to two-unit residences and duplexes), and two-unit residences in C or I Districts within the Route 66 Overlay subject to approval of a conditional use permit pursuant to Chapter 17.68. One (1) chicken shall be allowed for every three hundred (300) square feet of the roaming area approved as part of the conditional use permit. However, no more than twenty-five (25) chickens may be kept on any lot within the permitted zones, regardless of the lot size. No chickens shall be kept on vacant lots.

Chickens permitted by this section shall only be kept or allowed to roam in the rear or side yard of the property within the roaming area approved as part of the conditional use permit. Chickens shall not be permitted to roam in the front yard of the property. Chickens shall be kept at all times within an enclosed area constructed to prevent chickens from leaving the property. A coop or other structure designed for the keeping of chickens shall be constructed within the roaming area set back at least thirty (30) feet from any residence or other occupied structure existing on an adjacent property when the conditional use permit is approved. Coops, other structures, and enclosures shall be constructed in accordance with all applicable zoning and building code requirements for accessory structures in the zoning district in which the property is located except as may be otherwise provided in this title. The area of a fenced or walled yard shall be considered an enclosure provided the chickens are confined to the approved roaming area.

This section shall have no effect on the number of chickens, the conditions, or the locations where such animals may be kept in the AR (Agricultural-Residential) District as set forth in Chapter 17.16.

No male chickens (roosters) shall be kept, except in the AR District as set forth in Chapter 17.16.

All enclosures and structures containing chickens shall be maintained in a safe and sanitary condition in compliance with all applicable public health laws and so that no offensive, disagreeable or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any resident of the neighborhood thereof.

All enclosures and structures shall be constructed of materials suitable for the purpose, be of sufficient size, and be maintained so as to not cause conditions that would be injurious to the health of the chickens.

The property owner or his authorized agent shall complete and submit a conditional use permit application to the Community Development Department upon a form available from the Department. The application shall conform with and be processed in accordance with Chapter 17.68, and the application shall be accompanied by a site plan for the subject property showing the dimensions of the property, the location and dimensions of the proposed roaming area, and the location and dimensions of the proposed coop or other structure to house the chickens.

Purpose. The purpose of administrative adjustments is to provide a streamlined approval procedure for minor modifications of selected zoning standards.

Applicability. Administrative adjustments may be approved to:

Authorized Administrative Adjustments.

Fractional Rounding Criteria. Fractional dimensions, areas, and other quantities resulting from administrative adjustment calculations shall be rounded up to the nearest whole number if the fractional value is 0.5 or greater, and rounded down to the nearest whole number if the fractional value is 0.4 or less.

Approval Criteria. The Community Development Director may approve an administrative adjustment only upon a finding of fact that the application complies with all of the following approval criteria:

Conditions of Approval. The Community Development Director may impose conditions upon the property that are necessary to reduce or minimize any potentially adverse impact on other properties in the neighborhood, and to carry out the purpose of this title, as stated in Section 17.04.030, and this section.

Administration. Requests for administrative adjustments shall be submitted in writing to the Community Development Director and shall state the reasons why strict compliance would not be desirable or feasible, and how the approval criteria will be fulfilled with the granting of an administrative adjustment. The Community Development Director shall respond with an approval or denial in writing. An administrative adjustment that is granted shall be recorded in the files of the Community Development Department. An administrative adjustment shall run with the land.

Appeals. If an administrative adjustment is denied, the applicant may appeal to the Board of Adjustment for a variance, which shall be granted or denied in accordance with the standards applicable to variances, as set forth in Section 17.100.080.