Chapter 17.104
SUPPLEMENTAL PROVISIONS
Sections:
17.104.010 Applying supplemental provisions.
17.104.020 Administrative adjustment.
17.104.030 Accessory building and uses.
17.104.040 Additional yard and unbuilt lot area regulations.
17.104.050 Additional height regulations.
17.104.070 Parking regulations.
17.104.080 Temporary buildings and uses.
17.104.090 Location and storage of manufactured homes or any other type of trailer.
17.104.100 Outdoor light control.
17.104.110 Equine regulations.
17.104.120 Residential care facilities.
17.104.010 Applying supplemental provisions.
The regulations set forth in this chapter qualify or supplement, as the case may be, the zoning district regulations appearing in these regulations. (Ord. 19-419 § 1 (Exh. A)(part): Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2101))
17.104.020 Administrative adjustment.
A. The purpose of this section is to grant authority to the Community Development Director to take action on requests for minor modifications or adjustments to certain requirements of the zoning code when such requests constitute a reasonable use of property not permissible under a strict literal interpretation of the regulations.
B. For the purpose of administering this section, an adjustment is any variance to the terms or requirements of this chapter, which, if granted, would allow the following:
1. A decrease of not more than ten (10%) percent of the required building site area, width, or depth.
2. A decrease of not more than ten (10%) percent of the required width of a side yard or the yard between buildings.
3. A decrease of not more than ten (10%) percent of the required front or rear yard.
4. An increase of not more than ten (10%) percent of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces into any required front, rear, side, or yard between buildings.
5. A decrease in the number of required parking spaces of not more than ten (10%) percent.
6. An increase of not more than ten (10%) percent in the maximum allowable lot coverage.
7. An increase of not more than ten (10%) percent in the permitted height of buildings. (Ord. 19-419 § 1 (Exh. A)(part))
17.104.030 Accessory building and uses.
A. Accessory buildings shall not be constructed upon a lot until the construction of the principal building has been actually commenced, and accessory buildings shall not be used for dwelling purposes.
B. Accessory buildings may be built in the required rear yard but such accessory buildings shall not occupy more than thirty (30%) percent of the required rear yard and shall not be nearer than two (2) feet (measured to the eave of the building) to any side or rear lot line or setback line, except that in the case of corner lots, accessory buildings shall not be nearer to the street than a distance equal to not less than one-half (1/2) of the depth of the required front yard of the corner lot when a garage is entered from an alley, it shall not be located nearer than ten (10) feet to the alley line.
C. Accessory buildings on through lots shall not be nearer to either street than a distance equal to the required front yard of such lot. (Ord. 19-419 § 1 (Exh. A)(part): Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2102). Formerly 17.104.020)
17.104.040 Additional yard and unbuilt lot area regulations.
A. Every part of a required yard shall be open to the sky, unobstructed, except as enumerated in the following:
1. Projections of window sills, cornices, eaves and other ornamental features may project a distance not exceeding two (2) feet into any required yard, except that in the case of accessory buildings in the required rear yard this projection shall not exceed one (1) foot beyond the walls of such accessory buildings.
2. Chimneys may project a distance not exceeding two (2) feet into any required yard.
3. Fire escapes may project a distance not exceeding five (5) feet into any required yard provided such projection shall be distant at least two (2) feet from any lot line or setback line.
4. Bay windows and balconies may project a distance not exceeding three (3) feet into the required front or rear yard; provided, that such features shall not occupy, in the aggregate, more than one-third (1/3) of the length of the wall of the building on which they are located.
5. Uncovered stairs and necessary landings may project a distance not exceeding six (6) feet into the required front or rear yard; provided, that such stairs and landings shall not extend above the entrance floor of the building except for a railing not to exceed three (3) feet in height.
6. Terraces, patios, platforms and ornamental features which do not extend more than three (3) feet above grade may project into any required yard, provided such features shall be at least two (2) feet from any lot line or setback line.
B. Where an unbuilt lot area is more than fifty (50%) percent surrounded by a building which is two (2) stories or more in height, the minimum width of the unbuilt lot area shall not be less than thirty (30) feet.
C. Where forty (40%) percent or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have not observed a required front yard, or where buildings on such street have observed, with a variation of more than five (5) feet, a front yard greater in depth than that required, then where a building is to be erected within one hundred (100) feet of existing buildings on both sides, the required front yard shall be a line drawn between the two (2) closest front corners of the adjacent buildings on the two (2) sides; or where a building is to be erected within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building. (Ord. 19-419 § 1 (Exh. A)(part): Ord. 15-393 § 1 (part): Ord. 99-167 § 1; Ord. 90-82 § (1)(2106). Formerly 17.104.060)
17.104.050 Additional height regulations.
A. Public buildings may be erected to a height not exceeding forty (40) feet, if the building is set back from each lot line at least one (1) foot for each foot of additional building height above the height limit otherwise permitted in the zoning district in which the building is located.
B. Church steeples, fire towers, ornamental towers or spires may be erected to a height not exceeding sixty (60) feet, if such structure is set back from each lot line at least one (1) foot for each foot of additional height above the height limit otherwise permitted in the zoning district in which the structure is located. (Ord. 19-419 § 1 (Exh. A)(part): Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2107). Formerly 17.104.070)
17.104.060 Setback lines.
The following setback lines are established:
A. Major Streets, Section Line Roads, State and Federal Highways.
1. Fifty-five (55) feet from and on both sides of the centerline of all existing or proposed major streets, section line roads, state and federal highways, where service roads are not required.
B. Collector Streets and Mid-Section Line Roads. Forty (40) feet from and on both sides of the centerline of all existing or proposed collector streets and mid-section line roads.
C. Local Streets. Twenty-five (25) feet from and on both sides of the centerline of all existing or proposed local streets, except that this requirement shall be increased to thirty (30) feet for local streets abutting properties in multiple-family residential and commercial zoning districts. (Ord. 19-419 § 1 (Exh. A)(part): Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2108). Formerly 17.104.080)
17.104.070 Parking regulations.
A. Definitions.
1. "Daytime uses" means uses that operate predominantly during weekdays (Monday through Friday, 6:00 a.m. to 6:00 p.m.) and require the most parking spaces during weekdays. Examples of these uses are: banks, office buildings, and schools.
2. "Nighttime/weekend uses" means uses that predominantly operate during nights (6:00 p.m. to 2:00 a.m.) and weekends (Saturday and Sunday) and require the most parking spaces during nights and/or weekends.
B. Applicability.
1. New Developments. Parking regulations shall apply to any new building or new building addition constructed or any new use established in commercial or residential districts.
2. Expansions and Alterations. If a business expands, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide the number of additional parking spaces necessitated by the expansion.
3. Change of Use. Parking regulations shall apply to any change of use when the new use will be required to provide a higher number of parking spaces than the original use.
4. If a building or business is destroyed, and if it is allowed to be reconstructed subject to the provisions of Chapter 17.112, Nonconforming Uses, it shall be required to provide only the number of parking spaces which existed prior to the damage.
C. Minimum Parking Requirements.
1. Parking for Residences. For each single, two (2), or multiple-family residence hereafter erected, or for any building converted to such use or occupancy, there shall be provided the following number of parking spaces for each dwelling unit in the building:
|
Use |
Minimum Number of Spaces Per Dwelling Unit |
|---|---|
|
One (1) or two (2) family residences |
2 |
|
Multiple-Family Dwelling Units |
|
|
Efficiency units |
1.2 |
|
One (1) bedroom units |
1.5 |
|
Two (2) bedroom units |
1.7 |
|
Three (3) or more bedroom units |
2 |
2. Parking for all churches, theaters, auditoriums, arenas, indoor and outdoor stadiums shall provide one (1) parking space for every five (5) persons for which seating is provided.
3. Parking for private clubs, fraternal organizations, community buildings and other places of public assembly shall provide one (1) parking space for every five (5) persons for which seating is provided; or one (1) parking space for each five hundred (500) square feet of floor area, or fraction thereof, in the building, excluding areas designed for restrooms, storage or for other nonpublic purpose, whichever is greater.
4. Parking for hotels or similar uses shall provide one and two-tenths (1.2) parking spaces for each guest room or suite of rooms in the buildings.
5. Parking for hospitals, hospices, or similar uses shall provide one (1) parking space for every five (5) beds in the building, and one (1) parking space for every four (4) employees, and one (1) parking space for each staff physician.
6. Parking for schools and other similar educational institutions shall provide one (1) parking space for every three (3) employees including teachers, directors, and building maintenance personnel, and one (1) parking space for every five (5) high school, college or university students predicated upon the designed capacity.
7. Parking for manufactured home parks shall provide one and one-half (1-1/2) spaces for each manufactured home space or recreational vehicle space in such a park.
8. Parking for recreational vehicle parks shall provide one and two-tenths (1.2) parking spaces for each mobile space or recreational vehicle space in such park.
9. Parking for office buildings and banks shall provide one (1) parking space for each two hundred fifty (250) square feet of floor area, or fraction thereof, in the ground level floor of the building and one (1) parking space for each three hundred (300) square feet of floor area, or fraction thereof, in other than the ground level floor of the building, excluding areas for restrooms and storage areas.
10. Parking for restaurants, nightclubs, bars and dance halls shall provide one (1) parking space for each sixty (60) square feet of floor area (including patios), or fraction thereof, in the building excluding areas for kitchens, restrooms and storage areas.
11. Parking for furniture and appliance stores shall provide one (1) parking space for each seven hundred fifty (750) square feet of floor area, or fraction thereof, in the building, excluding areas for restrooms and storage areas.
12. Parking for other commercial buildings shall provide one (1) parking space for each two hundred (200) square feet of floor area, or fraction thereof, in the ground level floor of the building and one (1) parking space for each two hundred fifty (250) square feet of floor area, or fraction thereof, in other than the ground level of the building, excluding areas for restrooms and storage areas.
13. Parking for manufacturing and heavy commercial buildings shall provide one (1) parking space for each three (3) employees on the largest working shift, or one (1) parking space for each one thousand (1,000) square feet of floor area, or fraction thereof, in the building, whichever is greater.
D. Mixed Uses. The required number of parking spaces shall be the sum of the required parking spaces for the various uses computed separately.
E. Shared Parking. In the case that a daytime use and a nighttime/weekend use share a common parking lot, the developer and/or property owner may use shared parking as a means of satisfying off-street parking requirements. Shared parking would allow a site with multiple uses that have different operating hours or different peak business periods to share a parking lot that has less total parking spaces than would be required if each use had a separate parking lot.
1. To be eligible for shared parking, the developer/property owner must prepare a written shared parking study that clearly demonstrates the feasibility of shared parking. At a minimum, the study must address the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. This study must be distributed to all property owners within one hundred fifty (150) feet of the proposed shared parking, and these property owners shall be notified of public meetings at which action on the shared parking proposal will be taken.
2. Based on the findings in the study, the Planning and Zoning Commission and/or Director may reduce the number of parking spaces required for the site, may require additional study by the developer, or may commission its own study to help make a determination.
3. The absolute maximum reduction in parking spaces for shared parking shall correlate to the total number of spaces required for the daytime and nighttime/weekend uses. The various uses shall be classified (by the definitions above or by the Director) as daytime uses, nighttime/weekend uses or neither. The minimum parking requirements for each use shall be calculated separately, as per the chart below.
|
|
Use |
Required Spaces per Use |
Totals for Daytime/ Nighttime |
Maximum Reduction in Required Parking Spaces |
Minimum Requirement for Site |
|---|---|---|---|---|---|
|
Nighttime/Weekend Uses |
3,600-Square-Foot Restaurant |
60 |
60 + 40 = 100 |
= one-half the smaller requirement...= (1/2) of 50...= 25 |
100 + 50 + 30 = 180...Minus shared parking reduction... |
|
Commercial |
40 |
||||
|
Daytime Uses |
10,000-Square-Foot Office (First Floor) |
40 |
40 + 10 = 50 |
||
|
|
3,000-Square-Foot Office (Second Floor) |
10 |
|||
|
Other Uses |
6,000-Square-Foot Retail Store |
30 |
30 |
F. Maximum Parking Allowed. For all commercial uses, the amount of parking spaces shall be restricted to the following maximum parking regulations, unless otherwise approved by the Planning and Zoning Commission or Director during site plan review:
|
Minimum parking spaces required |
Maximum parking spaces allowed |
|---|---|
|
0 – 20 parking spaces |
20% over minimum |
|
21 – 50 parking spaces |
15% over minimum |
|
51 or more parking spaces |
10% over minimum |
G. Fractional Measurements Involving Parking Spaces. After computation of the number of parking spaces required, round up to the nearest whole number.
H. Location of Required Parking Spaces. The required parking spaces shall be located as follows:
1. On the same lot as the building or use they are intended to serve; or
2. Within four hundred (400) feet of the premises they are intended to serve, if a signed joint parking agreement is reached between the owner of the parking and the owner of the facility which the parking will serve; and the agreement is approved by the Planning and Zoning Commission. All such agreements shall include the term of the agreement, the number of parking spaces which will be shared, and notice to the Town in the event that the parking spaces become unavailable or cannot be used, or the agreement is suspended or terminated. Whenever a joint parking agreement is proposed, the parking lots shall be designed in a manner that will connect the parking lots which are a part of the joint parking agreement.
I. Maintenance of Parking Areas.
1. All parking areas shall be maintained to provide a surface free from cracks, holes, and pavement deterioration and kept clean and free of solid waste as defined in Chapter 13.04. All required pavement marking shall remain visible. Failure to properly maintain a parking area may result in a civil violation per Section 1.20.060, civil violations.
2. Every parking lot shall have at least one (1) trash receptacle for every fifty (50) parking spaces. Trash receptacles shall be a minimum twenty (20) gallon size and a maximum fifty (50) gallon size. Trash containers, receptacles and dumpsters shall be provided and maintained by the owner of the property. In addition, owners shall keep parking lots and parking areas free of snow, excess water and other things which negatively impact the safety of motorists and pedestrians.
J. Dimensions of Parking Spaces. Any proposed parking plan, for which a site plan review is required, shall show designated and dimensioned parking spaces (a single or detailed space shall be shown to indicate a typical space). The minimum size for all parking spaces shall be no less than one hundred eighty (180) square feet. The minimum width shall be no less than nine (9) feet. The parking spaces shall be arranged in such a manner as to provide a cleared back-up zone of at least twenty-four (24) feet.
K. ADA Compliant Spaces. ADA (Americans with Disabilities Act) compliant spaces shall provide an access aisle next to the space with a minimum width of five (5) feet. See Table 4 below for the amount of required ADA compliant parking spaces for each parking lot.
|
Total Parking in Lot |
Required Number of ADA Compliant Spaces |
|---|---|
|
1 – 25 |
1 |
|
26 – 50 |
2 |
|
51 – 75 |
3 |
|
76 – 100 |
4 |
|
101 – 150 |
5 |
|
151 – 200 |
6 |
|
201 – 300 |
7 |
|
301 – 400 |
8 |
(Ord. 19-419 § 1 (Exh. A)(part): Ord. 15-393 § 1 (part): Ord. 08-319 § 1; Ord. 05-243; Ord. 04-232 § 1; Ord. 90-82 § (1)(2109). Formerly 17.104.090)
17.104.080 Temporary buildings and uses.
Temporary buildings and uses are permitted as follows:
A. Temporary structures used in conjunction with construction work only during the period of such construction, subject to securing a temporary use permit and the following:
1. Any temporary use permit approved for such temporary structure shall be limited to a period of time not to exceed one (1) year from the date of such approval, but said permit may be renewed for like periods thereafter upon the property owner submitting to the Community Development Director satisfactory evidence indicating that the need for such temporary structure continues to exist.
2. Unless such temporary use permit is renewed, such temporary structure shall be removed from the property upon the expiration of the previously approved use permit or within ten (10) days after completion of the construction work, whichever first occurs.
B. A temporary use permit shall be obtained from the Director.
C. Temporary real estate offices require a conditional use permit and the following:
1. Such office shall be located on the property being subdivided for sale as individual lots and its use shall be limited to the sale of these lots.
2. Such office shall be subject to the height, yard, intensity of use and parking regulations for zoning district in which it is located.
3. The permit shall not exceed two (2) years from the date of such approval, but may be renewed.
4. Unless such conditional use permit is renewed, such office shall be removed from the property within ten (10) days.
D. A fee shall not be charged for a temporary use permit. (Ord. 19-419 § 1 (Exh. A)(part): Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2112). Formerly 17.104.110)
17.104.090 Location and storage of manufactured homes or any other type of trailer.
Unless permitted under the regulations set forth in this section, or unless permitted by the use regulations for a specific zoning district, the location or storage of any trailer shall be subject to the following:
A. At no time shall the travel trailer, aircraft, boat, camping trailer, truck camper or motor home be occupied or used for living, sleeping or housekeeping purposes.
B. Any trailer located or stored outside of a garage or carport shall be placed in the rear or side yard of the lot, except that placement in other than the rear yard for loading and unloading purposes may be permitted for a period of time not to exceed seventy-two (72) hours. (Ord. 19-419 § 1 (Exh. A)(part): Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2113). Formerly 17.104.120)
17.104.100 Outdoor light control.
A. Purpose. This section is intended to restrict the permitted use of outdoor artificial illuminating devices emitting undesirable rays into the night sky, which have a detrimental effect on astronomical observations.
B. Conformance with Applicable Code Provisions. All outdoor artificial illuminating devices shall be installed in conformance with the provisions of this chapter, any other applicable provisions of the Zoning Ordinance of the Town and any building ordinances of the Town, which may hereafter be enacted, as applicable.
1. Where any provisions of any of the Arizona Revised Statutes or of the federal law, or any companion ordinance, comparatively conflicts with the requirements of this section the most restrictive shall govern.
C. Approved Material and Methods of Installation. The provisions of this section are not intended to prevent the use of any material or method of installation not specifically prescribed by this section, provided any such alternate has been approved in writing by the Director upon a finding that the proposed design, material or method:
1. Provides approximate equivalence to the applicable requirements of this section; or
2. Is otherwise satisfactory and complies with the intent of this section.
D. Definitions. For purposes of this section, the following terms shall have the following definitions:
"Fossil fuel light" means light produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels.
"Fully shielded" means the fixture shall be shielded so that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
"Individual" means any private individual, tenant, lessee, owner or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporation.
"Installed" means an initial installation of outdoor light fixtures on or after the effective date of the ordinance codified in this section.
"Outdoor light fixtures" means outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot or flood lights for:
1. Buildings and structures;
2. Recreational areas;
3. Parking lot lighting;
4. Landscape lighting;
5. Advertising structures;
6. Street lighting.
"Partially shielded" means the fixture shall be shielded so that the bottom edge of the shield is below the plane centerline of the light source (lamp), minimizing the emission of light above the horizontal plane.
E. General Requirements.
1. Shielding and Filtration.
a. All outdoor light fixtures, except those exempt from this section and those regulated by subsection F of this section, shall be fully or partially shielded as required in subsection (E)(2) of this section.
b. It is recommended that existing mercury vapor fixtures either be replaced or be equipped with a filter whose transmission is less than ten (10%) percent total emergent flux at wave lengths less than four thousand four hundred (4,400) angstroms. "Total emergent flux" is defined as that between three thousand (3,000) and seven thousand (7,000) angstrom units.
c. Low pressure sodium lamps are the preferred lamp for minimizing adverse effects on astronomical observations.
2. Requirements for Shielding. The requirements for shielding light emissions from outdoor light fixtures and recommendations for filtration are as set forth in the following table:
|
Requirements for Shielding/Filtration Recommendations |
||
|---|---|---|
|
Fixture Lamp Type |
Must Be Shielded |
Filtering Recommended |
|
Low pressure sodium |
Partially |
None |
|
High pressure sodium |
Fully |
None |
|
Metal halide |
Fully |
Yes |
|
Fluorescent |
Fully |
Yes |
|
Quartz |
Fully |
None |
|
Incandescent greater than 150w |
Fully |
None |
|
Incandescent 150w or less |
None |
None |
|
Mercury vapor |
Fully |
Yes |
|
Fossil fuel |
None |
None |
|
Glass tubes filled with neon, argon and krypton |
None |
None |
|
Other sources |
As approved by the Director |
|
Footnotes:
1. This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations.
2. Warm white and natural lamps are preferred to minimize detrimental effects.
3. For the purposes of this section, quartz lamps shall not be considered an incandescent light source.
4. Most glass, acrylic or translucent enclosures satisfy the filter recommendation.
5. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding.
6. Metal halide lamps shall be in enclosed luminaries. See also subsection (F)(6) of this section.
7. Recommended for existing fixtures.
F. Prohibitions.
1. Searchlights. The operation of searchlights for advertising purposes is prohibited.
2. Recreational Facilities. No outdoor recreational facility, public or private, shall be illuminated by nonconforming means after 11:00 p.m. except to conclude a specific recreation, sporting or other activity in progress prior to 11:00 p.m.
3. Outdoor Building or Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing or other purpose is prohibited except with incandescent fixtures less than one hundred fifty (150) watts. All illumination shall be so arranged as not to shine upon or reflect onto adjoining properties.
4. Mercury Vapor. The installation of mercury vapor fixtures is prohibited without shielding as required in subsection E of this section. This prohibition is effective ninety (90) days after adoption of the ordinance codified in this section.
5. Signage. All outdoor signage, with its lighting, shall conform to subsection E of this section and shall be of such size and color as not to interfere with traffic or limit visibility of adjoining property. Illumination on any sign not wholly illuminated from within must conform to subsection E of this section and be directed towards the ground. Signs shall not have intermittent illumination or flashing lights (see Section 17.108.130(A)(2)).
6. Metal Halide Lamps. Metal halide display lighting shall not be used for security lighting after 11:00 p.m. (or after closing hours if before 11:00 p.m.) unless fully shielded.
G. Permanent and Temporary Exemptions.
1. Nonconforming Fixtures. All outdoor light fixtures existing and fully installed prior to the effective date of the ordinance codified in this section are nonconforming indefinitely; provided, however, that no change in use, replacement, structural alteration, or restoration after abandonment of outdoor light fixtures shall be made unless it thereafter conforms to the provisions of this section.
2. Federal and State Facilities. Those facilities and lands owned, operated or protected by the U.S. Federal Government, the State of Arizona or Navajo County are exempted from all requirements of this section. Voluntary compliance with the intent of this section at those facilities is urged.
3. Special Exemption. The Director may grant a special exemption from the requirements of subsection E of this section only upon a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that would suffice.
4. Temporary Exemptions.
a. Request. Any individual may submit a written request (in form approved by the Director) for a temporary exemption to the requirements of this section, such exemption to be valid for thirty (30) days, renewable at the discretion of the Director.
b. The request for temporary exemption shall contain at least the following information:
i. Specific exemption(s) requested;
ii. Type and use of outdoor light fixture for which exemption is sought;
iii. Duration of the requested exemption;
iv. Type of lamp(s) and calculated lumens;
v. Total wattage of lamp(s);
vi. Proposed location;
vii. Previous temporary exemptions, if any;
viii. Physical size of outdoor light fixture and type of shielding to be provided.
In addition to the above data, the Director may request any additional information which would assist his or her evaluation of the request.
5. Utility Exemptions. Utility companies entering into a duly approved agreement with the Town in which they agree to comply with the provisions of these regulations shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting.
H. Procedures for Compliance.
1. Application.
a. Any individual applying for a building or use permit under the Zoning Ordinance of the Town intending to install outdoor lighting fixtures shall, as a part of said application, submit evidence that the proposed work will comply with this section.
b. All other individuals intending to install outdoor lighting fixtures shall submit an application to the Director providing evidence that the proposed work will comply with this section.
2. Contents of Application. The application shall contain, but shall not necessarily be limited to, the following, all or part of which may be part of or in addition to the information required elsewhere in the Zoning Ordinance of the Town:
a. Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, etc.
b. Description of the illuminating devices, fixtures, lamps, supports, etc. This description may include, but is not limited to, manufacturer’s catalog cuts, and drawings (including sections where required).
The above required plans and descriptions shall be sufficiently complete to enable the Director to readily determine compliance with the requirements of this section. If such plans and descriptions do not readily enable this determination, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab.
3. Issuance of Permit. Upon compliance with the requirements of this section, the Director shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application. In the event the application is part of another application under this title, the privilege applied for will be granted if the applicant is in compliance with this section as well as the other requirements for the privilege applied for under this title.
4. Amendment to Permit. Should the applicant desire to use different outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the Director for approval, with adequate information to allow determination of compliance with this section.
I. Appeals.
1. Requests for Temporary Exemptions. The Director, within five (5) days from the date of submission of a complete request for temporary exemption, shall approve or reject the request in writing. If rejected, the individual making the request shall have the right of appeal to the Board of Adjustment for review pursuant to the procedures applicable to appeals of decisions of the Director under Section 17.120.060.
2. Other Applications. The Director, within seven (7) calendar days from the date of submission of a complete application for permit under subsection (H)(2) of this section, shall approve or deny the application in writing. In the event of rejection, then appeal procedures for appeal of decisions of the Director shall apply (see Section 17.120.060). (Ord. 19-419 § 1 (Exh. A)(part): Ord. 15-393 § 1 (part): Ord. 06-264; Ord. 91-88 § 1; Ord. 91-84 § 1; Ord. 90-82 § (1)(2117). Formerly 17.104.140)
17.104.110 Equine regulations.
A. Purpose. This section is intended to regulate the keeping of horses and all other members of the equine family within the Town of Pinetop-Lakeside.
1. The keeping of horses is permitted by administrative review by the Director on any property greater than one (1) acre. All other properties one (1) acre or less are permitted by conditional use permit (see Chapter 17.80) in all zoning districts, except C-2, heavy commercial zoning district.
2. All applications for keeping of horses must comply with the requirements under subsections B and C of this section. Applications requiring a for conditional use permit made under this section shall also conform to the requirements of Chapter 17.80, Conditional Use Permits.
a. The minimum lot size required for the keeping of horses shall be one-half (1/2) acre. The number of horses permitted shall be as follows:
i. One-half (1/2) to 0.99 acre: up to two (2) horses;
ii. One (1) to 1.49 acres: up to four (4) horses;
iii. One and one-half (1-1/2) to 1.99 acres: up to six (6) horses.
b. Horse corrals (excluding barns and shelters) shall be a minimum one thousand two hundred (1,200) square feet per horse without exception.
B. Site Plan. Prior to approval of a conditional use permit under this section the applicant must provide a detailed site plan showing the following information:
1. Location of all dwellings and commercial structures within two hundred (200) feet of any portion of the proposed facility.
2. The location and design of drainage facilities demonstrating: (a) protection of wellheads, springs, lakes, streams and other water features; (b) prevention of soil erosion; and (c) measures to prevent discharge of contaminated surface flows onto adjoining properties.
3. Location and design of all fencing.
C. Design Standards, Guidelines, and Best Management Practices (BMPs). All horse facilities proposed within the Town shall be designed to provide a safe, healthy, and secure environment for horses, owners, adjacent property owners, and residents. Design of horse facilities shall demonstrate to the satisfaction of the Community Development Director that all facilities will conform to current BMPs for the protection of ground water, control of runoff, pests and manure, and design and construction of enclosures, fencing, and shelters; and shall conform to water resource protection regulations established by the Arizona Department of Environmental Quality. Design Standards and BMPs promulgated in the American Youth Horse Council’s Horse Industry Handbook are hereby adopted by reference and shall guide review of all facilities proposed under this section.
Minimum Requirements.
1. Setbacks. Structures, including barns, storage sheds, shelters, etc., shall conform to the setback requirements in Section 17.104.060. Horse enclosure fences shall maintain a minimum five (5) foot height with a four (4) foot setback from all property lines; provided, however, that horse enclosure fences may abut the property boundary provided the fence maintains a minimum height of six (6) feet.
2. Wellhead Protection. No portion of any horse facility shall be located within one hundred (100) feet from any well, spring, lake or stream used for drinking water supply. Site conditions may require additional separation and/or preventive measures to ensure protection of drinking water supplies.
3. Ground Water Protection. No portion of any horse facility shall be located within fifty (50) feet of any lake, stream, or spring, unless adequate provision for the prevention of erosion and/or contamination is demonstrated by clear and convincing evidence to allow a less restrictive minimum distance. (Ord. 19-419 § 1 (Exh. A)(part): Ord. 15-393 § 1 (part): Ord. 06-264. Formerly 17.104.150)
17.104.120 Residential care facilities.*
A. Purpose. The purpose of this section is to provide for the establishment and operation of residential care facilities in the Town, to help protect the health and welfare of the residents of such facilities, and to help protect the health, welfare and character of the neighbors and the neighborhoods in which they operate.
B. Administrative Review. Such home shall be reviewed and approved by the Community Development Director, or designee, for building code and land use compliance prior to the use commencing.
C. Application. All residential care facilities shall apply for and meet all requirements and maintain a current business license issued by the Town. If the residential care facility is subject to a license, certificate, permit or registration issued by the state or other government agency, the applicant shall produce on demand such license, certificate, permit or registration from the State of Arizona or other licensing government agency.
D. Zoning Requirements. Residential care facilities are permitted in all zoning districts within the Town.
E. Separation Requirements. Residential care facilities shall be separated from other residential care facilities and health care facilities by a distance of not less than one thousand two hundred (1,200) feet.
F. Occupancy. Federal and state laws which limit the number of residents in a residential care facility, set minimum square footage requirements or otherwise regulate residential care facilities shall apply to residential care facilities within the Town. In addition, the following requirements shall apply:
1. There shall be a minimum of two hundred fifty (250) square feet of living space for each resident in all residential care facilities in any zoning district.
2. The occupancy of any residential care facility in any residential zoning district shall be six (6) to ten (10) residents. Occupancies of eleven (11) or more residents shall be allowed in C-1 and C-2 zoning districts only.
3. There shall be one (1) parking space off the street for each staff member that is employed by, resides in, uses or occupies the residential care facility.
4. Shall comply with all building code requirements for R-3 residential occupancies.
G. Licensing. All health care facilities, which provide medical care, health care services, counseling, or other similar medical services, shall be licensed by the State of Arizona Department of Health Services or other applicable governmental agency. A copy of the current state or other license shall be delivered to the Town within ten (10) days of any request by the Town. In the event that the state or other government licensing agency takes any action related to such license including but not limited to probation, suspension or revocation of such license, the owner/operator of the health care facility shall immediately (within ten (10) days) notify the Town of such action, and a copy of any letter or other document evidencing such action shall be delivered to the Town within ten (10) days of its receipt by the health care facility.
H. Reasonable Accommodation. Reasonable accommodation will be made by the Town to qualified individuals with disabilities who request reasonable accommodation seeking relief from the requirements of this chapter to the Town Manager. Requests for relief from the requirements of this chapter shall be made by the individual with a disability or another person acting on their behalf orally or in writing to the Town Manager certifying that the applicant is a qualified individual with a disability, setting forth the section(s) of this chapter that the applicant seeks relief from, and setting forth the accommodation, modification or adjustment that will enable the qualified individual to enjoy equal benefits and privileges of the residential care facility. The Town Manager will review the application, hold a hearing when necessary, and issue a written response or ruling within thirty (30) days of the receipt of the application. A case-by-case determination will be made by the Town Manager about what constitutes a reasonable accommodation. All reasonable accommodation proceedings shall be private and confidential, except that the Town Manager may consult with attorneys to help ensure that reasonable accommodation is available to qualified individuals.
I. Enforcement, Penalties. Enforcement and penalties for violation of this chapter shall be as set forth in Chapter 17.132. (Ord. 19-419 § 1 (Exh. A)(part): Ord. 15-393 § 1 (part): Ord. 15-391 § 1: Ord. 07-292. Formerly 17.104.160)
* Code reviser’s note: Ord. 15-393 amended this section without taking into account the amendments of Ord. 15-391. Those amendments have been retained.
17.104.130 Home occupations.
A. Home Occupations. A "home occupation" is an activity or pursuit in which the owner or possessor of a home or a resident member of that person’s family is engaged and which is a permitted secondary or accessory use in residential districts conducted in accordance with this section. All home occupations shall be conducted in such a manner that they are compatible with the residential character of the neighborhood. A home occupation shall not interfere with the peace, quiet, and dignity of the neighboring property owners. For purposes of this section, "neighboring property owners" means all persons who live nearby and who can see, hear, smell, or are otherwise impacted to the slightest degree by the home occupation.
B. Restrictions. Home occupations shall be subject to the following limitations and restrictions:
1. A valid Town business license, and other required licenses and certificates.
2. Home occupations shall be conducted in such a manner as not to give an outward appearance of a business.
3. Home occupations shall be clearly secondary and subordinate to the use of the property.
4. The home occupation shall be conducted entirely from within the principal residence, garage, or other accessory building.
5. A home occupation shall not create any nuisance, hazard, or other offensive condition.
6. Goods related to the home occupation shall not be visible from beyond the property lines.
7. Outdoor storage of goods, materials, or equipment related to the home occupation shall not be permitted.
8. Visitors shall not block neighborhood traffic circulation.
9. No hazardous material as defined by Arizona Revised Statutes Title 26, Chapter 2, Article 1 shall be used, created or stored on site. Materials considered hazardous such as common household cleaning agents or paint may be stored in amounts that are customary and usual for residential use.
C. Home Occupation Uses. Home offices and businesses are acceptable as home occupations, provided the use complies in all respects with the regulations in this section. A conditional use permit may be required for any home occupation if the Director determines that the nature or intensity of the intended use, the concerns of neighbors or other objective reasons require a conditional use permit. Appeals from decisions of the Director may be made to the Board of Adjustment in accordance with Chapter 17.120.
D. Conditional use permit is required for the following uses within the Town:
1. Home day care.
2. Bed and breakfast establishments.
3. Other uses which because of the nature or intensity of use, complaints by neighbors, or other reasons cause the Director to require a conditional use permit. Appeals from decisions of the Director may be made to the Board of Adjustment in accordance with Chapter 17.120.
4. Other similar home occupations which the Director determines a conditional use permit should be required. Appeals from decisions of the Director may be made to the Board of Adjustment in accordance with Chapter 17.120.
E. Permitted Signs. One (1) sign not larger than eight (8) square feet in area shall be allowed. Unless allowed by conditional use permit, the sign shall be placed only on the primary structure. Signs shall also conform to the Town sign regulations, Chapter 17.108.
F. Reporting Complaints or Violations. All complaints or violations of this section shall be directed to the Director or to the Code Enforcement Officer. Appeals from decisions of the Director may be made to the Board of Adjustment in accordance with Chapter 17.120.
G. Termination of Home Occupation.
1. The Director or his designee shall investigate any complaint or violation of this section, and if there appears to be a violation contact with the alleged violator shall be made to mitigate the problem or complaint or to cease and desist the violation. If the problem is resolved, a written notation of the complaint, violation and action taken shall be placed in the business license file for the business or activity.
2. A violation of any requirement of this section may be cause for termination by the Director or his designee of the home occupation use.
3. If the complaint or violation cannot be resolved informally, a civil citation may be issued and civil penalties levied in accordance with Sections 1.20.070 and 1.20.080. In addition to any civil penalty levied by the court, the court may order other appropriate restrictions on the home occupation use up to and including termination of the home occupation use, and forfeiture of the business license. (Ord. 19-419 § 1 (Exh. A)(part): Ord. 15-393 § 1 (part): Ord. 07-301 § 1. Formerly 17.104.170)