The district regulations set forth in this chapter qualify or supplement, as the case may be, the district regulations in this title.

(Zoning Ord. § 6-1-101)

With reference to any lot within the town, the finished floor of any structure, building or improvement erected thereon shall be a minimum of eight inches above the lowest point of the top of the curb of the street running parallel to the front lot line or side lot line of the lot. Where a curb is not in existence across the front or side lot line of the lot, the finished floor of any structure, building or improvement erected upon the lot shall be a minimum of eight inches above the lowest point of the grade of the center of the street running parallel to the front lot line or side lot line of the lot.

(Zoning Ord. § 6-2-101)

Public, semi-public or public service buildings, hospitals, institutions, when permitted in a district, may be erected to a height not exceeding thirty (30) feet, and churches and temples may be erected to a height not exceeding fifty (50) feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.

(Zoning Ord. § 6-2-102)

Buildings that are to be used for storage purposes only may exceed the maximum number of stories permitted in the district in which they are located, but such buildings shall not exceed the number of feet of building height permitted in such districts. Such buildings shall include a floor of not less than four inches in thickness and the structure shall rest upon such floor.

(Zoning Ord. § 6-2-103)

Every part of required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of sills, cornices and ornamental features projecting, not to exceed thirty-six (36) inches.

(Zoning Ord. § 6-2-104)

A.

As an aid to freer safe movement of vehicles at and near street intersections, in order to promote more adequate protection for the safety of children, pedestrians, operators of vehicles and property and for proposed construction hereafter, there shall be limitations on the height of fences, walls, gateways, ornamental structures, hedges, shrubbery and other fixtures, construction and planting on corner lots in all districts where front yards are required, as follows:

1.

Such barriers to clear unobstructed vision at corners of intersection streets shall be limited to a height of not over two and one-half feet above the established elevation of the nearest street line, for a distance of twenty-five (25) feet along both the front and side lot lines, measured from a point of intersection of the intersecting lot lines.

2.

Within the isosceles triangle formed as required in subsection (A)(1) of this section by connecting the ends of the respective twenty-five (25) foot distance, all the fixtures, construction, hedges, shrubbery and other plantings shall be limited to a height of not over two and one-half feet above the elevation of the street line level at the intersecting streets.

3.

Within the triangle, and in cases where front yards are terraced, the ground elevation of such front yards shall not exceed two feet above the established street line elevation at the intersecting streets.

B.

It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstructions which prevent persons driving vehicles on public streets, alleys, private driveways or highways from obtaining a clear view of traffic or any official sign or other traffic control device.

(Zoning Ord. § 6-2-105)

(Ord. No. 11-19, § I, 12-1-11)

A.

Accessory buildings shall be built only in a rear yard. Accessory buildings, including detached private garages or storage facilities, shall be located a minimum of three feet from the rear property line and a minimum of two feet from the side yard property line. An accessory building shall not occupy more than thirty (30) percent of a rear yard. When a garage in the R-3 district is entered directly from the alley, it shall not be located closer than five feet to the alley line and two feet from the side yard line.

B.

No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.

C.

Manufactured trusses shall be used in the construction of any garage built in the R-3 district that is twenty (20) feet or more in width (clear span).

D.

Side walls of an accessory building shall not exceed eight and one-half feet in height above grade. Roof height of an accessory building shall not exceed fifteen (15) feet above grade.

(Ord. 03-13 § 1 (part): Ord. 02-12 (part); Zoning Ord. § 6-3-101)

A.

Porches shall comply with the following:

1.

An open, unenclosed porch of not more than one story in height or a paved terrace may project into the required front yard. No porch may extend more than ten (10) feet beyond the front wall of the building. Sun screens, lattice work and other decorative railings are permitted.

2.

Storage of personal items on porches is not permitted other than outdoor furniture such as chairs, swings, or small tables intended to be used by the property owner to enjoy the porch.

B.

Terrace, uncovered porches, platforms and ornamental features which do not extend more than three feet above the floor level of the ground or first story may project into a required yard, provided these projections are at least two feet from the adjacent side lot line.

C.

If a lot of record is less than sixty (60) feet in width and has been duly recorded prior to the date of the passage of the ordinance codified in this chapter, an attached open porch, carport or balcony may project within three feet of the adjoining side lot line of such lot.

D.

A television satellite dish shall be built in rear yards only and may not exceed eight feet in height from the ground level unless a greater height is permitted by federal law.

E.

An open carport twenty (20) feet in width or one-half the width of the original elevation may extend twenty (20) feet into the required front yard when all of the following is complied with:

1.

The roof structure must be of the same architectural design and material as the original house.

2.

The structure must be completely open on three sides. A twenty-four (24) inch base wall would be permitted.

3.

No column may exceed twelve (12) inches in any dimension.

4.

Side yard setback must be the same distance as the required side yard setback.

5.

No eave may extend more than two feet from the structural frame of the carport.

6.

The structure and the driveway must be on a concrete surface with a minimum thickness of four inches.

(Ord. 06-10 § 1 (part); Ord. 02-12 (part); Ord. 97-06; Ord. 96-10 § 2; Zoning Ord. § 6-3-102)

A.

Where a lot or tract is used for rural, R-2, R-1, commercial or industrial purposes, more than one main building may be located upon the lot or tract but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.

B.

In the event that a lot is to be occupied by a group of two or more related buildings, the open space between buildings that are parallel or within forty-five (45) degrees of being parallel, shall have a minimum dimension of twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings and forty (40) feet for three-story buildings.

C.

Where an open space is more than fifty (50) percent surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings and forty (40) feet for three-story buildings. These stories shall be counted from ground level.

(Ord. 02-12 (part); Zoning Ord. § 6-3-103)

The front yards established in this title shall be adjusted in the following cases:

1.

Where forty (40) percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (with a variation of five feet or less) a front yard greater in depth than required in this title, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

2.

Where forty (40) percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have not observed a front yard as described above, then:

a.

Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the adjacent buildings on the two sides; or

b.

Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

(Zoning Ord. § 6-4-101)

For the purpose of the side yard regulations, a two-family dwelling or multiple dwelling shall be considered one building occupying one lot.

(Zoning Ord. § 6-4-102)

A.

A swimming pool or other contained body of water required to be enclosed, whether a below-ground or above-ground pool, shall meet the following requirements:

1.

Be entirely enclosed by a wall, fence or other barrier meeting the provisions of Sections 15.04.020(A)(2) and (3) of this code. The provisions of Section 15.04.010(B) of this code shall not apply;

2.

Have no openings in the wall, fence or barrier through which a spherical object four inches in diameter can pass. The horizontal components of any wall, fence or barrier shall be spaced not less than forty-five (45) inches apart measured vertically or shall be placed on the pool side of a wall, fence or barrier which shall not have an opening greater than one and three-quarter inches measured horizontally. Wire mesh or chain link fences shall have a maximum mesh size of one and three-quarter inches measured horizontally;

3.

Gates for the enclosure shall: (a) be self-closing and self-latching with the latch located at least fifty-four (54) inches above the underlying ground or on the pool side of the gate with a release mechanism at least five inches below the top of the gate and no opening greater than one-half inch within twenty-four (24) inches of the release mechanism; (b) open outward from the pool;

4.

The wall, fence or barrier shall not contain openings, handholds or footholds accessible from the exterior side of the enclosure that can be used to pass through the wall, fence or barrier;

5.

The wall, fence or barrier shall be at least thirty-six (36) inches from the water's edge.

B.

If a residence or living area constitutes part of the enclosure for a swimming pool or other contained body of water, there shall be one of the following:

1.

Between the swimming pool or other contained body of water and the residence or living area, a minimum of five-foot wall, fence or barrier to the pool area which meets all of the requirements of subsections A.2—5. of this section.

2.

The pool shall be protected by a motorized safety pool cover which requires the operation of a key switch which meets the American Society of Testing and Materials Emergency Standards 13-89 and which does not require manual operation other than the use of the key switch.

3.

All ground level doors or other doors with direct access to the swimming pool or other contained body of water shall be equipped with a self-latching device which meets the requirements of subsection (A)(3)(a) of this section.

C.

Exception. A control device may be an approved alarm that sounds when any unsecured opening is opened.

(Ord. 06-10 § 1 (part): Ord. 04-12 (part): Ord. 98-10 § 1: Zoning Ord. § 6-5-101)

(Ord. No. 13-02, § I, 11-7-13)

A.

The town is committed to improving air quality, and it is very important therefore that all new fireplaces be clean burning.

B.

Any new wood burning fireplace or wood burning stove shall meet the following standards:

Maricopa Association of Governments Fireplace Standards, dated October 23, 1997, A.R.S. Section 9-500.16, et seq., A.R.S. Section 11-871, et seq., and A.R.S. Section 11-875, et seq. Copies of these standards and statutes are available at town hall.

C.

No fireplace or wood burning stove that is constructed in accordance with the requirements of this title may subsequently be altered to a nonpermitted use.

(Ord. 02-12 (part); Ord. 98-15 §§ 1—3: Zoning Ord. § 6-6-101)

The purpose of this section is to permit the establishment of group homes while preserving the residential character of the community.

A.

Homes of six or fewer persons receiving care on a 24-hour-per-day basis shall be considered a single-family residence for the purposes of this title. The limitation of six or fewer persons does not include the operator or members of the operator's family or staff.

B.

Group homes shall be permitted in the R-43 rural residential zoning districts, R-3 single-family dwelling districts, R-2 two-family dwelling districts, and R-1 multiple-family dwelling district if they are in compliance with the requirements of this subsection.

1.

Maintain copy of license or certification through one or more of the following groups or agencies, or produces such license or registration within 90 days:

a.

License or certification by the State of Arizona Department of Health; or

b.

License or certification by the Arizona Recovery Housing Association; or,

c.

"Permanent" Oxford House, Inc. Charter. Chartered Oxford Houses (1) must be democratically self-run; (2) must be financially self-supporting; and (3) must immediately expel any resident who returns to using alcohol or drugs.

2.

If licensing or certification is required by the State of Arizona, group homes shall present evidence of a current state license or certification annually to the Youngtown Clerk.

3.

Comply with all applicable building and fire safety regulations, and if a new building or reconstruction or alteration of an existing building, the establishment must obtain a certificate of occupancy.

4.

No group home shall be located on a lot with a property line within a one-thousand (1,000) foot radius of another group home, for the purpose of avoiding clustering.

5.

Large and/or multiple trash receptacles not usually found in the area shall be blocked from public view.

6.

There shall be no commercial exterior signage or other exterior indication that the property is being used as a group home. This shall not prevent improvements that are necessary for compliance with the Americans with Disabilities Act.

7.

No applicant or operator shall:

a.

Have been convicted or pled nolo contendere to any sex offense committed within ten (10) years prior to the date of the application for which the person is required to register as a sex offender;

b.

Have been convicted or pled nolo contendere to any arson offense committed within seven years prior to the date of the application for this permit;

c.

Have been convicted or pled nolo contendere to any violent felony which involved doing bodily harm to another person committed within ten (10) years prior to the date of the application for this permit;

d.

Have been convicted or pled nolo contendere to the unlawful sale or furnishing of any controlled substances committed within seven years prior to the date of the application for this permit;

e.

Be on parole or formal supervised probation on the date of the submittal of the application for this permit or at any time thereafter.

8.

No group home shall house any person whose tenancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. An individual required to register under Arizona law as a sex offender and classified as a Level II or Level III community risk (intermediate to high risk) is not permitted to live in a group home.

9.

Licensing. All licenses, certifications, and registrations required for the group home by the town or a state or federal agency shall be maintained. Failure to comply with applicable laws or rules shall be a violation of this section. Group homes that have allowed federal or state licenses to lapse shall be deemed non-compliant and will be removed from the administrative record. To reinstate a group home, the owner or authorized agent shall reinitiate the application and review process by filing a registration request, application, and all applicable fees for review and consideration. Refiling these materials does not guarantee approval.

10.

The town reserves the right to revoke authorization to operate if it demonstrates that a group home cannot, or will not, operate in a manner that integrates with the existing community or operates in a manner that disrupts the character of the home or the community.

11.

Group homes not licensed or certified by the state shall comply with the Environmental and Physical Plant Requirements set forth in Arizona Administrative Code Section R9-12-207.

C.

Applicants may request a reasonable accommodation for a group home. The community development manager, or his/her designee, shall review the application and determine if the requested accommodation is reasonable and necessary.

1.

In determining whether a reasonable accommodation request is reasonable, the following shall be considered:

a.

Whether the request was made by or on behalf of a person with a disability;

b.

Whether there is a disability-related need for the accommodation;

c.

Whether the proposed group home for people with a disability would cause a fundamental change in the purpose of the town's zoning;

d.

Whether the applicant has demonstrated that the proposed facility in combination with any existing similar facilities will not alter the residential character of the surrounding neighborhood by concentrating community facilities on a block or in a neighborhood;

e.

Whether the proposed facility will be operated in accordance with any required state or federal licensing to protect the health, safety, and welfare of the facility's occupants;

f.

Whether the proposed facility would cause any undue financial or administrative burden on the town or it would fundamentally alter the nature of the town's operations; and

g.

Any other factor bearing on the "reasonableness" of the accommodation under the federal Fair Housing Act.

2.

In determining whether a request for a reasonable accommodation is necessary, the following shall be considered:

a.

The economics of the group home's operation;

b.

The need for residential opportunities for handicapped persons;

c.

The existence of other reasonably viable locations that the applicant can operate from that satisfy the town's distance requirements while still ensuring that people with disabilities may live in the community of their choice; and

d.

Any other factor bearing on the "necessity" of the accommodation under the federal Fair Housing Act.

D.

To the extent permitted by law, the community development manager, or his/her designee, may request additional information necessary to evaluate the request for an accommodation.

E.

The denial of a reasonable accommodation request may be appealed to the board of adjustment pursuant to town code 17.12.050.

F.

Reasonable accommodation approvals made by the community development manager or the board of adjustment may be rescinded should it be determined that the applicant or subsequent facility owner is unable or unwilling to maintain the basis for an affirmative decision. The community development manager shall prepare a written appeal to the board of adjustment requesting the previously issued statement of reasonable accommodation be rescinded. The effect of a rescinded statement of reasonable accommodation could include the initiation of a revocation of operational permits and permissions, reporting to state authorities, prevention of future statements of reasonable accommodations for the owner or applicant of record, or the initiation of other corrective actions as deemed necessary to ensure compliance with the criteria contained herein.

(Ord. 04-03 § 1 (part))

(Ord. No. 2023-03, § I(Att.), 6-15-23)

A.

Portable temporary storage units shall be permitted in any zoning district in compliance with this section:

1.

The individual or entity responsible for the portable temporary storage unit may only place one portable temporary storage unit on one lot, subject to the requirements of this section.

2.

It shall be unlawful to place a portable storage unit on a lot without first obtaining a permit pursuant to this section.

3.

Portable temporary storage unit permits shall be issued for a period of fourteen (14) days or less by the building official or his designee. The permit shall contain a complete description of the portable temporary storage unit, its location, the address where it will be located, and the name and telephone number of the individual or entity responsible for the temporary storage unit. The cost of the permit shall be established by the town council by resolution, and paid by the individual or entity applying for, and receiving, the permit.

4.

The building official or his designee must approve the location of a portable temporary storage unit in the related permit. A portable temporary storage unit may be placed in a backyard, side yard, or front yard, subject to any special safety or setback restrictions determined necessary by the building official and set forth in the permit.

5.

The building official or his designee town may issue up to one fourteen (14) day extension of the permit for good cause, and subject to an additional permit fee as established by the town council by resolution. good cause shall include, but is not limited to:

A.

The time period during which individuals are moving into or out of the lot on which the temporary portable storage unit is placed exceeds fourteen (14) days; or

B.

The portable temporary storage unit meets all code requirements for an "accessory building" in the relevant zoning district and remains in the backyard of the lot.

6.

No more than two permits shall be issued for any one property address within a twelve (12) month period unless the owner of the property has changed during that twelve (12) month period.

7.

Portable temporary storage units shall comply with the height requirements set forth in Section 17.52.060 of this code.

8.

Portable temporary storage units shall only be placed on an improved, dustproof paving surface that employs one or more of the following methods:

A.

Asphaltic concrete.

B.

Cement concrete.

C.

Penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate.

D.

Other stabilization method approved by the town.

9.

No portable temporary storage unit may be placed in or obstruct a public alley, right-of-way, or sidewalk.

10.

No portable temporary storage unit may exceed one hundred and fifty (150) square feet gross square footage.

B.

The requirements of this section do not apply to portable units for donating goods to a charitable organization, or any containers regulated by Section 8.08.040 or 8.04.050.

(Ord. No. 10-08, § I, 6-3-10)

Small wireless facilities are permitted in the right-of-way subject to compliance with Section 12.04.080, the town of Youngtown wireless facilities in the right-of-way standard terms and conditions and the town of Youngtown design standards, concepts and requirements wireless facilities in the right-of-way. In addition, all other small wireless facilities and all new poles in the right-of-way are required to obtain a use permit prior to submitting an application for a wireless facility in the right-of-way. Monopoles and all other wireless facilities are prohibited in the right-of-way.

(Ord. No. 18-12, § 1, 9-20-18)

A.

Permissible Use. Homeless shelters are permitted in R-1 multiple-family dwelling district, C-1 commercial district, and C-2 commercial district with a special use permit and compliance with the following development conditions:

1.

Good Neighbor Management Plan (Management Plan).

a.

Owners and/or operators shall prepare a management plan before use of a property as a homeless shelter. The management plan shall include the name and telephone number of the manager or person responsible for the operation of the facility; complaint response procedures, including investigation, remedial action, and follow-up; and litter control. The management plan may include additional information as deemed appropriate by the owner/operator of the facility.

b.

Owners and/or operators shall hold a good neighbor meeting with property owners within two-hundred fifty (250) feet of the property to discuss the management plan. The intent of the meeting is to ensure that owners of neighboring properties are informed of the effects upon neighboring properties of homeless shelters, and shelter owners and operators are educated about ways to mitigate, reduce, or eliminate potential impacts upon neighboring properties.

c.

A final management plan shall be submitted to the town in order to detail agreed upon ways to mitigate, reduce, or eliminate potential impacts upon neighboring properties.

2.

Good Neighbor Meeting Requirement. The town manager may waive the requirement that the owner/operator hold a good neighbor meeting upon finding that the needs of the facility's clients for anonymity and a safe and secure environment would be compromised by such a meeting, in which case, the owner/operator shall submit its management plan to the town for review.

3.

Minimum Standards. All homeless shelters shall provide: adequate and accessible sanitary facilities, including lavatories, restrooms and refuse containers; sufficient seating facilities for dining, whether indoor or outdoor; effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas; a plan of operation to address daily use, including but not limited to, patron access requirements, hours of operation, measures used to control potential client congregation on the site during non-operating hours, security measures, litter control, and noise attenuation. further, evidence of compliance with all building and fire safety regulations, including parking and maximum occupancy requirements, and any other measures determined by the town council to be necessary and appropriate to ensure compatibility of the proposed use or uses with the surrounding area, shall be provided with permit applications.

4.

On-Site Management and Security. On-site management and on-site security shall be provided during hours when the homeless shelter is in operation. Security guards must be registered with the Department of Public Safety and/or meet other state licensing requirements, as applicable for the type of service rendered.

5.

Lighting. Adequate external lighting shall be provided for security purposes, and shall be installed in compliance with the town's lighting standards.

6.

Common Facilities. A homeless shelter may provide one or more of the following specific common facilities which shall be for the exclusive use of the residents and staff:

a.

Central cooking and dining room(s).

b.

Recreation room.

c.

Counseling center.

d.

Day care facilities for children.

e.

Other support services.

7.

Alcohol, Weapons, and Illegal Drugs Prohibited. Shelter residents shall not possess alcohol, weapons, or illegal drugs at the homeless shelter. The owner or operator of the facility shall enforce this restriction in its daily operations.

8.

Licensing. Homeless shelters shall hold such licenses for the owner(s), operator(s), and/or staff on the proposed facility as required by law.

9.

Separation Requirements.

a.

There shall be a minimum separation of one-thousand two hundred fifty (1,250) feet between homeless shelters for the purpose of avoiding clustering of facilities and to minimize detrimental impacts on the surrounding neighborhood.

b.

There shall be a minimum separation of two-hundred fifty (250) feet between a homeless shelter and an R-43 rural residential dwelling district, R-3 single-family dwelling district, and R-2 two-family dwelling district to minimize detrimental impacts on the surrounding neighborhood.

c.

Separation requirements shall be measured from the property line.

10.

Sex Offenders. All homeless shelters shall provide notice to occupants upon entry to the facility of sex offender separation requirements pursuant to Chapter 9.12 of the town code, as amended. The town shall provide the homeless shelter with model signage and/or notification forms to assist the shelter in compliance with this section.

11.

Public Health. No homeless shelter shall house any person whose tenancy would constitute a direct threat to the health or safety of other individuals, result in substantial physical damage to the property of others, or whose tenancy is in violation of the town code.

B.

Reasonable Accommodations. Requests for reasonable accommodations may be made to the town by the owner or operator of a homeless shelter, as appropriate, and shall be considered by the town on a case-by-case basis in accordance with state and federal law.

(Ord. No. 18-13, § I, 11-1-18)

Editor's note— Ord. No. 18-13, § I, adopted 11-1-18, amended the Code by adding provisions designated as § 17.52.160. Inasmuch as there were already provisions so designated, the provisions have been redesignated as § 17.52.170, at the discretion of the editor.