This title is established and adopted by the town council of the town for the purpose of securing adequate light, pure air and safety from fire and other dangers; conserving the values of land and buildings throughout the town, lessening or avoiding congestion in the public streets; and promoting the public health, safety, comfort, morals and welfare of the citizens of the town.

(Zoning Ord. § 1-1-101)

This title may be cited as the "town of Youngtown, Arizona, zoning ordinance."

(Zoning Ord. § 1-2-101)

For the purpose of this title, certain terms and words are defined in this section. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural, the singular and the word "shall" is mandatory and not directory.

"Accessory building" means a detached subordinate building located on the same lot as the main building, the use of which is incidental to that of the dominant use of the main building or premise.

"Alley" means a public thoroughfare which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

"Alternative WCF building element" means a building element designed to conceal and/or camouflage wireless communications facilities, including but not limited to a wall mount, clock tower, cupola or church steeple.

"Alternative WCF structure" means a structure designed to conceal and/or camouflage wireless communications facilities. Structures may include but are not limited to a freestanding structure such as an artificial cactus or tree, or a sculpture. Alternative structures do not include a flagpole, monopole with an attached flag, or a monopole with a minimal design feature.

"Amateur radio facilities" means equipment and structures used for airway communication purposes by persons holding a valid amateur radio (ham) license issued by the Federal Communications Commission.

"Amendment" means a change in the wording, context or substance of the ordinance codified in this section, an addition or deletion, or a change in the district boundaries or classifications upon the district map which imposes any regulation not heretofore imposed or removes or modifies any such regulation theretofore imposed.

"Animal shelter" means a facility that houses homeless, lost or abandoned cats and/or dogs that are kept at the facility until they are either reclaimed by an owner, adopted to a new owner or placed with a foster home or another organization.

"Antenna" means any system of poles, panels, rods, dishes, wires or similar devices used for the transmission or reception of wireless signals.

"Antenna mast" means a freestanding or guyed framework or other vertical element that supports or serves as an antenna.

"Apartment house" is included in the definition of "Dwelling, multiple."

"Auto car wash" means a place, either automated or self service, for the washing of automobiles for compensation, but does not include steam cleaning.

"Basement" means that portion of a building between floor and ceiling which is less than one-half its height below grade. For purposes of height regulations, a basement is counted as a story, if it is subdivided and used for dwelling purposes by others than a janitor employed on the premises.

"Boarding house" means a building where, for compensation, and by prearrangement for definite periods, meals, or lodging and meals, are provided for three or more persons, but not exceeding twenty (20) persons.

"Boarding kennel" means a facility other than an animal shelter, doggie daycare, retail sale of pet supplies and grooming of dogs, or veterinary office where more than two dogs that do not legally belong to the operator are kept or boarded overnight. Boarding kennel shall not include a breeding kennel where dogs not legally belonging to the operator are kept for breeding purposes.

"Building" means any structure for the shelter, support or enclosure of persons, animals or property; and when separated by dividing walls without openings, each portion of such building so separated shall be deemed a separate building.

Building, height of. "Height of building" means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

Building, public. "Public building" means a building constructed, maintained, used or occupied by any municipal, state, county or federal government entity or agency thereof.

Building, semi-public. "Semi-public building" means a building constructed or maintained for use by the general public, including but not limited to office buildings, churches, schools, theatres, hotels and motels.

"Carport" means an enclosure with one or more open sides under which a vehicle may be driven.

"Cellar" means that portion of a building between floor and ceiling which is equal to or more than one-half its height below grade and shall not be counted as a story.

"Children's residential care facility" means a residential care facility with a minimum floor area of thirty-five thousand (35,000) square feet, minimum parcel size of one acre, limited to a single building or parcel, licensed by the state of Arizona, which may provide short- or long-term care, including lodging, meals, educational programs, legal services, counseling and medical services to children under eighteen (18) years of age.

"Co-location" means the use of a single support structure and/or site by more than one telecommunications provider.

"Cosmetic maintenance and repair" means the incidental maintenance and repairs that keep property in ordinary working condition.

"Court" means any space other than a yard on the same lot with a building or group of buildings and which is unobstructed and open to the sky from and above the floor level of any room having a window or door opening on such court. The width of the court shall be its least horizontal dimension.

"Developmentally disabled" means a person who has autism, cerebral palsy, epilepsy or mental retardation, as provided for by A.R.S. Section 36-581.

"District" means any portion of the town within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title.

"District map" means the official zoning map of the town which is a part of the zoning ordinance of the town.

"Doggie daycare" means a facility where more than two dogs and/or cats are kept or boarded but no dogs and/or cats other than up to two dogs and/or cats that are owned by and licensed to an operator of the facility are kept or boarded between the hours of eight p.m. and six a.m. All activities shall be contained in an enclosed facility.

"Driveway" means a permanently unenclosed surfaced area of concrete or blacktop having an area of not less than one hundred eighty (180) square feet, allowing ingress or egress of an automobile.

"Dwelling" means any building, or portion thereof, which is designed or used exclusively for residential purposes.

Dwelling, multiple. "Multiple dwelling" means a building or portion thereof designed for occupancy by three or more families including apartment houses.

Dwelling, single-family. "Single-family dwelling" means a building designed for occupancy by one family.

Dwelling, two-family. "Two-family dwelling" means a building designed for occupancy by two families.

"Dwelling unit" means one or more rooms in a dwelling designed for occupancy by one family for living purposes and having its own cooking and sanitary facilities.

"Entertainment district" means a specific contiguous area that is designated an entertainment district by resolution adopted by the town council, that consists of no more than one square mile, that is no less than one-eighth mile in width and that contains a significant number of entertainment, artistic and cultural venues, including music halls, concern [concert] facilities, theaters, arenas, stadiums, museums, studios, galleries.

"Equipment cabinet or building" means a cabinet or building used to house equipment used by telecommunications providers to house equipment at a facility.

"Exception" is included in the definition of "Use, special."

"Existing vertical element" means any existing monopole, tower, pole, sign or exhaust stack performing a non-WCF function. Existing vertical element does not include a building.

"Existing vertical element, recreational field light pole" means a light pole constructed and used to provide an appropriate lighting function such as parking, security or recreational ball field lighting, as well as a wireless communications function.

"Family" means an individual or two or more individuals related by blood, marriage or adoption, or a group of no more than six unrelated individuals, living together as a single housekeeping unit.

"Front wall" means the front wall of a building, either residential or commercial, which is the front sustaining wall facing the street and supporting the main roof of the building.

"Frontage" means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or, if the street is dead-end, then all of the property abutting on one side between an intersecting street and the dead-end of the street including property fronting on a cul-de-sac.

Garage, private. "Private garage" means an accessory building designed or used for the storage of not more than two passenger cars, trucks, tractors or similar four-wheeled motor-driven vehicles, provided that no private garage may be used or rented for the storage of commercial trucks having a capacity in excess of one ton.

Garage, public. "Public garage" means a building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles.

Garage, storage. "Storage garage" means a building or portion thereof designed or used exclusively for housing of three or more motor-driven vehicles.

"Grade" means:

1.

For buildings having walls adjoining one street only, the average of the elevation of the sidewalk, or if there be no sidewalk, then the center line elevation of the roadway at the center of the wall adjoining the street;

2.

For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk, or if there be no sidewalk, the streets;

3.

For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

"Group home" means a dwelling shared by more than six and not more than ten (10) adults or minor children who are handicapped persons who reside together as a single housekeeping unit and who receive care, supervision, or counseling from one or more staff persons for physical, mental, or developmental disabilities. This definition includes assisted living homes, sober living homes, homes for the mentally ill, group care agencies and similar residential living arrangements for handicapped persons, but shall not include boarding houses, nursing homes, or substance abuse treatment facilities.

"Guest room" means a room which is designed or intended for occupancy by, or which is occupied by one or more guests for compensation, but in which no provision is made for cooking, nor does the term include dormitories for sleeping purposes.

"Handicapped" means a person who:

1.

Has a physical or mental impairment that substantially limits one or more of such persons' major life activities;

2.

Has a record of having such an impairment; or

3.

Is regarded as having such an impairment.

"Handicapped" shall not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substance Act [21 United States Code 802]).

"Heliport" means an area that is used or intended to be used for the landing and takeoff of helicopters, and may include any or all of the areas or buildings which are appropriate to accomplish these functions.

"Home occupation" means a business or profession that is incidental, secondary, or accessory to the residential use.

"Homeless shelter" means any overnight temporary housing shelter that offers at least one service to assist an individual or family unit experiencing homelessness, at no charge. Such services include but are not limited to a temporary place to sleep, food, shower/bathe, social services referrals, basic needs, housing, employment, identification services and health care. A homeless shelter does not include a group home for the handicapped.

"Hospital" means an institution for the diagnosis, care or treatment of two or more nonrelated persons suffering from illness, or deformity, or rendering obstetrical or other medical or nursing care, which extends beyond twenty-four (24) hours. Such institution shall be open and services available twenty-four (24) hours a day, and shall make available at least clinical laboratory services, diagnostic x-ray services, and treatment facilities for surgery or obstetrical care or other definite medical treatment. The term "hospital" shall not include the office of a physician or practitioner.

"Hotel" means a building or that portion thereof containing more than five rooming units or sleeping facilities for more than twenty (20) persons, such rooming units or dwelling units being for residential or transient purposes.

"House trailer" means any vehicle whether or not self-propelled, used, or may be used, or designed for use as a conveyance upon the public streets or highways and designed or constructed in such manner as to permit occupancy as a dwelling or sleeping place for one or more persons. The term "house trailer" shall include the term "mobilehome."

"Institution" means a building or buildings occupied by a nonprofit corporation or a nonprofit establishment for public use.

"Land use law" means any rule, ordinance, resolution or law enacted by the town that regulates the use or division of land or any interest in land or that regulates accepted farming or forestry practices.

Laundry, self-help. "Self-help laundry" means a building in which domestic-type washing machines, dryers or dry cleaning machines are provided on a rental basis for use by individuals doing their own laundry.

"Loading space" means a space not less than ten (10) feet in width, twenty (20) feet in length, and having height clearance of fourteen (14) feet above grade level, such space being accessible to an alley or street.

"Lodging house" means a building in which lodging only is provided for compensation for not less than three nor more than twenty (20) persons, and includes the term "rooming house."

"Lot" means a parcel of land occupied or intended for occupancy by one or more main buildings together with its accessory buildings, and uses customarily incidental thereto, including but not limited to the open spaces required by this title, and having its principal frontage upon a street or upon a place as defined in this title. The word "lot" shall include the word "plot."

"Lot area" means the area of a lot, not including any area in a public way.

Lot, corner. "Corner lot" means a lot adjoining two or more streets at their intersection.

Lot, depth of. "Depth of lot" means the horizontal distance between the front and rear lot lines.

Lot, double frontage. "Double frontage lot" means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot, interior. "Interior lot" means a lot other than a corner lot or key lot.

Lot, key. "Key lot" means a lot adjacent to a corner lot having its side lot line in common with the rear lot line of the corner lot and facing on the street which forms the side boundary of the corner lot.

"Lot line" means the line bounding a lot.

"Lot of record" means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the county recorder of Maricopa County, or parcel of land, the deed of which is recorded in the aforesaid office.

"Lot width" means, in the case of rectangular lots, lots having parallel side lot lines, or lots on the outside of the curve of a street, the distance between side lot lines measured at the required minimum from setback line on a line parallel to the street or street chord; in the case of lots on the inside of the curve of a street, the distance between side lot lines measured thirty (30) feet behind the required minimum front setback line parallel to the street or street chord.

"Manufactured home" means a residential structure manufactured off site.

"Medical clinic" or "veterinary clinic" means any structure or building used solely as an office by any practitioner of the medical professions required to be licensed by the state of Arizona.

"Medical marijuana" means of all parts of the genus cannabis whether growing or not, and the seed of such plants that may be administered to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.

"Medical marijuana cultivation, infusion or manufacturing facility" means a facility at which a person grows a marijuana plant or at which a person incorporates medical marijuana (cannabis) by the means of cooking, blending, or incorporation into consumable/edible goods. A facility shall mean a building, structure or premises used for the cultivation or storage of medical marijuana that is physically separate and off-site from a medical marijuana dispensary.

"Medical marijuana dispensary" means a non-profit entity defined in A.R.S. § 36-2801(11), that sells, distributes, transmits, gives, dispenses, or otherwise provides medical marijuana to qualifying patients.

"Mini-storage facility" means a facility offering enclosed storage of personal property and office records to the general public. The facility may offer storage of vehicles, trailers and boats not to exceed ten (10) feet in height as an accessory use when fully screened by a finished wall.

Mobilehome. See "House trailer."

"Monopole." The same meaning as set forth in A.R.S. Section 9-591.

Monopole, portable. "Portable monopole" means a single pole and associated equipment mounted on a transportable base.

"Motel" means any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building, with garage or parking space located on the lot and designed, used or intended wholly or in part for the accommodation of automobile transients. Motel includes motor court, motor lodge or tourist court, but not a trailer court.

"Nonchartered financial services" means a business, other than a state or federally chartered bank, credit union, mortgage lender or savings and loan association, that offers check cashing services and loans for payment of a percentage fee. Specifically included are check cashing businesses that charge a percentage fee for cashing a check or negotiable instrument, "pay day" businesses that make loans upon assignments of wages received or to be received, or businesses that function as deferred presentment services.

"Nonconforming use" means any building or land lawfully occupied by a use at the time of passage of the ordinance codified in this chapter or amendment thereto which does not conform after the passage of this ordinance or amendment thereto with the use regulations of the district in which located.

"Nontraditional business" means a pawn shop, stand-alone smoking lounge, tattoo and/or body piercing establishment, secondhand store, thrift store, or used automobile dealership.

"Notice" means publication in a newspaper of general circulation in the town.

"Notice requirements" means the manner of giving notice as may be required by state law or this title for an action of the town council, the board of adjustment or the zoning hearing officer.

"Nursing home" means a facility, other than a hospital or maternity home, in which continuing nursing care on a twenty-four (24) hour basis by a graduate nurse licensed in Arizona, or other nursing personnel meeting standards adopted by the State Board of Health, is provided and in which medical services are prescribed by or performed under the direction of a physician or surgeon licensed to practice in Arizona, for two or more unrelated persons who are not acutely in and not in need of hospital care. No surgery shall be permitted in a nursing home.

"Office" means the building, room or department in which clerical work of an establishment is done, or the building, room or department for an executive and his or her assistants.

"Over-the-air reception device (OTARD)" means an antenna designed to:

1.

Receive direct broadcast satellite service, including direct-to-home satellite services, or to receive or transmit fixed wireless signals via satellite and that is one meter (39.37 inches) or less in diameter; or

2.

Receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite and that is one meter (39.37 inches) or less in diameter or diagonal measurement; or

3.

Receive television broadcast signals.

For purposes of this definition, "fixed wireless signals" means any commercial nonbroadcast communications signals transmitted via wireless technology to and/or from a fixed customer location, but shall not include among other things, AM radio, FM radio, amateur ("ham") radio, citizen's band ("CB") radio and digital audio radio service ("DARS") signals.

"Parking lot" means a parcel of land devoted to unenclosed parking spaces.

"Pawn shop" means an establishment engaged in the buying and selling of new or secondhand merchandise and offering loans in exchange for personal property.

"Planned shopping center" is included in the definition of shopping center.

Plot. See "Lot."

Porch, open. "Open porch" means a building extension consisting of only a roof and the necessary poles, columns or other supports to hold up the roof.

"Portable temporary storage unit" means any container, storage unit, shed-like container or other transportable unit or structure that can or is designed and used primarily for temporary storage of personal property of any kind, including building materials, and which is located for such purposes outside an enclosed building other than an "accessory building," as defined in this code, complying with all building codes and land use requirements.

"Public safety facility" includes administrative offices, fire station, police station, and ambulance service.

"Recreational vehicle" means any vehicle whether or not self-propelled, used, or may be used or designed for use as a conveyance upon the public streets or highways and licensed as such, and designed or constructed in such a manner as to permit occupancy as a dwelling or sleeping place for one or more persons. Recreational vehicles include trailer coaches.

"Recreational vehicle (RV) park" means any lot, tract or parcel of land used or offered for use in whole or in part, with or without charge, for the parking of recreational vehicles used for living or sleeping purposes. Recreational vehicle park includes trailer parks.

"Religious assemblies and institutions" means a building or other structure where people congregate, gather, or assemble to exercise their religion, engage in religious worship or teaching, as well as a use accessory to the primary religious use.

"Rooming house" is included in the definition of "Lodging house."

Satellite dish antenna, large. "Large satellite dish antenna" means a satellite dish antenna exceeding one meter (39.37 inches) in diameter designed or used for receiving communications from a satellite.

"Satellite earth station" means a facility equipped with transmitters, receivers, antennas and other equipment for receiving and transmitting communications from satellites, and for interfacing communications with a land-based communications network.

Satellite earth station, large-scale. "Large-scale satellite earth station" means a facility in which one or more antennas exceed two meters (78.74 inches) in diameter or diagonal dimension.

Satellite earth station, small-scale. "Small-scale satellite earth station" means a facility in which no antenna exceeds two meters (78.74 inches) in diameter or diagonal dimension.

"School" and "college," unless otherwise specified are limited to charter schools, private or public places of general instruction and do not include nursery schools, dancing schools, riding academies, or trade or specialized vocational schools.

"Seamstress for hire" means property used by a seamstress who conducts a part-time or full-time business as a seamstress.

"Secondhand store" means retail sales of previously used merchandise, the majority of which is not donated, such as clothing, furniture, appliances, household goods, sporting goods, recreational equipment or other merchandise not considered to be antique, that is in good repair or has been restored or reconditioned to a clean and useable condition. This definition excludes pawn shops and thrift stores.

"Service station" means any building or premises used principally for the storing, dispensing, selling, or offering for sale at retail of automobile fuels or oils and includes convenience stores when a convenience store is operated in conjunction with a service station.

"Shopping center" means a group of stores functioning as a unit, with off-street parking, landscaped areas and pedestrian malls or plazas provided on the property as an integral part of the unit.

"Small wireless facility." The same meaning as set forth in A.R.S. Section 9-591.

"Stand-alone smoking lounge" means a self-contained, independently operating business establishment that is dedicated, in whole or in part, to the smoking of tobacco or other substances whether or not such substances are purchased therein, including but not limited to cigar lounges, hookah lounges, tobacco bars, but not including tobacco stores.

"Story" means that portion of a building, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, half. "Half-story" means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing an independent apartment or living quarters is deemed a full story.

"Street" means all property dedicated or intended for public or private street purposes or subject to public easements therefor.

"Street line" means a dividing line between a lot, tract or parcel of land and a contiguous street.

"Structure" means anything constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground.

"Structural alteration" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof.

"Support structure" means the structure to which wireless communications facility antennae and other hardware are mounted.

"Tattoo and/or body piercing establishment" is defined in Section 5.19.020 of the Town Code.

"Thrift store" means a store that derives the majority of its sales from donated previously used merchandise such as clothing, furniture, appliances, household goods, sporting goods, recreational equipment or other merchandise not considered to be antique.

"Use" means the purpose for which land or building is occupied, or maintained, arranged, designed or intended.

Use, accessory. "Accessory use" means a subordinate use customarily incident to and conducted on the same lot with the principal use or building.

Use, special. "Special use" means a use not authorized by the zoning in the particular district, but which is listed in Section 17.56.010, and which may be approved by the zoning hearing officer under the circumstances set forth in Chapter 17.56.

Use, nonconforming. See "Nonconforming use."

"Used automobile dealership" means any establishment which brokers, deals, or engages in the purchase, sale, lease or exchange of five or more used automobiles within a twelve-month period or four or more used automobiles at any one point in time.

"Variance" means a relaxation of the terms of the zoning ordinance, where such variance will not be contrary to the public interest, and where, due to conditions peculiar to the applicant's property, a literal enforcement of this title would result in unnecessary and undue hardship. A variance shall be granted only in accordance with the other applicable provisions of this title.

"Vehicle storage facility" means a facility offering storage of vehicles, trailers and boats not to exceed thirteen (13) feet, six inches in height.

"Veterinary office" means an office or treatment facility maintained by a doctor of veterinary medicine for the diagnosis and treatment of animals and aviary.

Walls, side. "Side walls" means the longest wall or walls of a structure as opposed to the "end walls" which are the shortest wall or walls of a structure.

"Wireless communication facilities (WCF)" means antennas, support structures and related equipment for the transmission or reception of personal wireless services, radio or microwave signals as authorized by the Federal Communication Commission. Personal wireless services include commercial mobile services, common carrier wireless exchange access services and unlicensed wireless services, but not direct-to-home satellite services.

"Wireless facility." The same meaning as set forth in A.R.S. Section 9-591 and includes a monopole.

"Yard" means an open space at grade level between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this title. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front. "Front yard" means a yard extending across the front width of a lot being the minimum horizontal distance between the street line and the main building, or any projection thereof, other than steps, unenclosed balconies and unenclosed porches. The front yard of a corner lot includes the yard adjacent to both street frontages except those properties along 111th Avenue which have the front entrance to the structure on a street other than 111th Avenue and have an address other than 111th Avenue. See also Sections 17.24.040, 17.28.040, 17.32.040 and 17.36.060 (Front yard regulations).

Yard, rear. "Rear yard" means a yard extending between the side yards of a lot and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection, other than steps, unenclosed balconies or unenclosed porches. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard or the face of the property responsible for the address. (See diagram at the end of this section.)

Yard, side. "Side yard" means a yard between the building and the side lot line of a lot and extending from the front yard to the rear yards or along the full depth in the absence of front or rear yards and being the minimum horizontal distance between a side lot line and the side of the main building or any projection thereof, other than steps, unenclosed balconies or unenclosed porches. An interior side yard is defined as the side yard adjacent to a common lot line.

(Ord. 08-11 § 1 (part); Ord. 07-12 § 1 (part); Ord. 07-02 § 1 (part); Ord. 06-06 § 1 (part); Ord. 05-02 § 1 (part); Ord. 04-03 § 1 (part); Ord. 03-13 § 1 (part); Ord. 03-14 § 1 (part); Ord. 02-12 (part); Ord. 98-10 § 3; Ord. 96-10 § 1; Zoning Ord. §§ 1-3-101—1-3-192; Ord. No. 09-08, § I, 12-17-09; Ord. No. 10-08, § I, 6-3-10; Ord. No. 10-11, § I, 6-24-10; Ord. No. 11-01, § I, 1-20-11; 11-02, § I, 1-20-11; Ord. No. 11-08, § I, 4-21-11; Ord. No. 11-19, § I, 12-1-11; Ord. No. 11-18, § I, 12-15-11; Ord. No. 13-01, § I, 3-21-2013; Ord. No. 14-05, § I, 9-18-14; Ord. No. 17-09, § I, 10-19-17; Ord. No. 18-12, § 1, 9-20-18; Ord. No. 18-13, § I, 11-1-18; Ord. No. 2023-03, § I(Att.), 6-15-23)

In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare, and shall further be held to be the minimum requirements for the promotion of a comprehensive plan and design to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements of the town.

(Zoning Ord. § 2-1-101)

It is not intended by this title to interfere with nor to abrogate, annul or in any other way impair or interfere with existing provisions of other laws or ordinances except those specifically repealed by this title, nor with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the town is a party. When this title imposes a greater restriction on the land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this title shall control.

(Zoning Ord. § 2-1-102)

The building inspector, plumbing or mechanical inspector, electrical inspector, or his or her duly authorized agents, shall, at any reasonable hour, have authority to enter any premises, building or structure during the course of construction or alterations, for which a permit has been issued, to make inspections to determine if the premises, building or structure are in compliance with the plans as submitted and this title. Also, the above-named officials, or their duly authorized agents, shall have the authority to enter any premises, building or structure, for the purpose of performing official duties in connection with this title, and shall make a final inspection before any occupancy permit is issued. It is unlawful to refuse to allow any of the above-named officials, or their authorized agents, entry to such premises.

(Zoning Ord. § 2-5-101)

For carrying into effect its provisions, the town council may adopt rules consistent with this title.

(Zoning Ord. § 2-5-102)

A.

The town clerk, or a duly authorized agent, shall keep comprehensive records of applications or permits issued, of certificates issued, of inspections made, of reports rendered and of notices or orders issued. He or she shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence.

B.

All such records shall be open to public inspection at reasonable hours but shall not be removed from the office of the town clerk.

(Zoning Ord. § 2-5-103)

The town clerk, or a duly authorized agent, shall make a report to the mayor once each month, or more often if requested by the mayor or town council, including statements of permits and certificates issued and orders promulgated.

(Zoning Ord. § 2-5-104)

The town council may request and shall receive, so far as may be necessary in the discharge of their duties, the assistance and cooperation of the law enforcement officer in enforcing orders, of the town legal counsel in prosecuting violations and of other town officials.

(Zoning Ord. § 2-5-105)

A.

Any person, firm, company or corporation, whether as principal, owner, agent, tenant, employee or otherwise, violating, disobeying, omitting, neglecting or refusing to comply with any provision of this title, or violating or failing to comply with any order or regulation made hereunder, is guilty of a misdemeanor, punishable upon conviction by a fine of not more than two thousand five hundred dollars ($2,500.00) or by imprisonment in the jail designated by the town, for a term not exceeding six months, or by both such fine and imprisonment.

B.

Such person, firm, company or corporation shall be deemed guilty of a separate offense for each day during which any such violation or failure to comply with this title is committed, continued or permitted.

(Ord. 02-12 (part); Zoning Ord. § 2-5-106)

If any building, structure or improvement is constructed, erected, altered, repaired, converted, built or maintained or any use is made of property contrary to the provisions of this title, the same shall be and is declared unlawful and a public nuisance, and the town attorney shall, upon order of the town council, immediately commence any necessary or appropriate action or proceeding for the abatement, restraint or removal thereof in the manner provided by law; shall take such other lawful steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate, enjoin and remove such building or use, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any such building or using any property contrary to the provisions of this title.

(Zoning Ord. § 2-5-107)

Prior to filing an action against the town, an administrative claim shall be filed with the town pursuant to the provisions of A.R.S. § 12-821.01, except for claims for diminution in value filed pursuant to A.R.S. § 12-1134.

(Ord. 02-12 (part): Zoning Ord. § 2-5-108)

(Ord. No. 11-08, § I, 4-21-11)

In any action or proceeding under the terms of Section 17.04.120, the court with jurisdiction has the power and in its discretion may issue a restraining order or a preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will do justice and enforce the purposes of this title.

(Zoning Ord. § 2-5-109)

All remedies provided for in this chapter shall be cumulative and supplemental. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or to remove prohibited buildings, structures or improvements nor prevent the enforcement, correction or removal thereof.

(Zoning Ord. § 2-5-110)