Planning Zoning Ordinance
Planning Zoning Ordinance
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TABLE OF CONTENTS
YAVAPAI COUNTY PLANNING & ZONING ORDINANCE
CHAPTER 2 ADMINISTRATION
201 - APPLICABILITY AND EXEMPTIONS ................................................................................ 6
202 - NONCONFORMING USES AND STRUCTURES............................................................... 6
203 - ESTABLISHMENT OF DISTRICTS ..................................................................................... 7
204 - ZONING MAP ........................................................................................................................ 7
A. District Boundary Determination ......................................................................................... 7
B. Abandoned Right-of-Way ..................................................................................................... 7
205 - ENFORCEMENT..................................................................................................................... 8
A. Land Use Specialist ............................................................................................................... 8
B. Zoning Inspection ............................................................................................................ 8
C. Zoning Violation..................................................................................................................... 8
D. Zoning Violation Hearing ...................................................................................................... 8
E. Hearing Officer ....................................................................................................................... 8
F. Zoning Clearance .................................................................................................................... 9
G. Certificate of Occupancy ........................................................................................................ 13
H. Other Permits .......................................................................................................................... 13
I. Certificate of Compliance ........................................................................................................ 13
206 - PENALTIES AND REMEDIES .............................................................................................. 14
207 - ADJUSTMENT BOARD......................................................................................................... 15
A. Structure................................................................................................................................ 15
B. Procedure .............................................................................................................................. 15
C. Powers................................................................................................................................... 15
D. Hearing Applications ............................................................................................................ 16
E. Hearings and Rulings ........................................................................................................... 16
F. Development Services Director Authority ........................................................................... 17
208 - AMENDMENTS ...................................................................................................................... 19
209 - CITIZEN PARTICIPATION ................................................................................. ............ 20
CHAPTER 3 DEFINITIONS
301 DEFINITIONS ......................................................................................................................... 23
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CHAPTER 2 ADMINISTRATION
SECTION 201 APPLICABILITY AND EXEMPTIONS
A.
All of Yavapai County shall be subject to the provisions of this Ordinance; provided, however,
that there shall be EXEMPT from these provisions the following:
1.
That part of the County lying within the corporate limits of any municipality.
2.
3.
Other publicly owned and operated facilities used for essential government purposes.
4.
B.
WEAR AND TEAR: Nothing in this Ordinance shall prevent the reconstruction, repairing and
continued use of a non-conforming structure or part thereof rendered necessary by wear and
tear, deterioration or depreciation.
C.
RESTORATION: Any non-conforming structure or a conforming building containing a nonconforming use, damaged, or destroyed by casualty or Act of God may be restored within a
twelve (12) month period therefrom without impairment to any non-conforming status.
D.
CHANGE OF USE: A non-conforming use may not be changed to another use unless or
without complying with the provisions of this Ordinance.
E.
or contractors yards, area shall be strictly construed to mean the square footage or acreage of
the use at the time it became non-conforming. Expansion of a non-conforming business use,
other than within an existing building, requires compliance with the District requirements for
yards, spacing, percent of lot coverage and all other such regulations. Additional parking area
necessitated by such expansion shall not count against the one hundred percent (100%)
expansion allowance. Where such expansion is an open-land use a solid masonry wall (or other
wall, fence, or hedge as may be approved by the County Adjustment Board) must be installed
as protective sight screening between such expanded use and any Residential Zoned lot within
two hundred feet (200).
F.
MIXED USES: Non-conforming and conforming uses and structures may be included on the
same lot within limits of the District regulations for conforming uses and structures.
B.
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LAND USE SPECIALIST (for reference this title equates to Zoning Inspector as mandated in
A.R.S.): For the purpose of enforcement of the provisions of this Ordinance, there is hereby
created the position of Land Use Specialist and such deputy specialists as may be required, who
shall be appointed by the Board of Supervisors. The Land Use Specialist shall administer and
enforce this Ordinance, including the receiving of applications, the inspection of premises, and
the issuing of permits. No building permit or certificate of occupancy shall be issued by him,
except where the provisions of this Ordinance have been complied with.
B.
ZONING INSPECTION:
C.
D.
E.
1.
Responsibility: The Chief Deputy Land Use Specialist is responsible for investigating
all complaints of suspected violations of this Ordinance and other applicable codes
within Development Services jurisdiction.
2.
Inspection: The Land Use Specialist or designee may, in the discharge of his duties
during assigned working hours, enter private property for the sole purpose of contacting
the owner or occupant of same, provided the property is not posted with No
Trespassing notices or otherwise secured. With proper, prior permission from the
property owner or his agent, the Land Use Specialist may, in the discharge of his duties
during assigned working hours and for good and probable cause, enter private property
to inspect same in connection with any application made under the terms of this
Ordinance, or for any investigation as to whether or not any portion of such property,
building or other structure was constructed or is being used in violation of this
Ordinance. If permission to enter property is unobtainable, refused or withdrawn, the
Inspector shall follow legally prescribed procedures for seeking a search warrant
subject to the protections provided for rights of the property owner by the State of
Arizona and the United States Constitution.
ZONING VIOLATION:
1.
The erection, construction or alteration of any structure or the use of any property or
structure, not in conformance with this Ordinance constitutes a violation.
2.
Violations of this Ordinance are subject to civil penalties or other legal action for
failure to comply with any provision of the Ordinance.
The Hearing Officer may hear and decide complaints alleging violations of this
Ordinance, as authorized by A.R.S. 11-815 and Section 205.
2.
The form and service of complaints, and the hearing procedures of the Hearing Officer,
shall follow the zoning enforcement Rules of Procedure adopted by the Board of
Supervisors.
3.
If the Hearing Officer determines a zoning violation exists, civil penalties may be
imposed by the Officer in accordance with Section 206 A. Imposition of civil penalties
listed in Section 206 A. shall not preclude persons from pursuing remedies provided for
in Section 206 C.
HEARING OFFICER:
1.
Scope: The Hearing Officer hears and decides zoning violations, as authorized by
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F.
Powers and Duties: The Hearing Officer performs the following duties. Refer also to
Section 205 D.
a.
The Hearing Officer hears and decides complaints alleging civil violations of
this Ordinance.
b.
c.
d.
The Hearing Officer makes any other order necessary for the determination and
resolution of zoning violations.
3.
Appeals: The decision of the Board of Supervisors may be appealed to the Superior
Court in accordance with A.R.S. 12-901 et seq.
4.
5.
Qualifications:
a.
b.
The Hearing Officer may be an employee of Yavapai County, except that the
Hearing Officer shall not be a Land Use Specialist.
6.
Annual review: The Board of Supervisors shall conduct an annual review of the
Hearing Officer.
7.
Removal: The Board of Supervisors has the authority to remove the Hearing Officer, by
majority vote, for neglect of duty, inefficiency or misconduct in office.
8.
Transaction of Business: The Hearing Officer shall follow the procedures set forth in
the zoning enforcement Rules of Procedures, as adopted and amended by Resolution.
(2)
Any residential fence under 50 linear feet (fences over six feet will
require a permit regardless of length).
(3)
(4)
b.
The following are exempted from the definition of structure and, hence, do not
require a Zoning Clearance:
(1)
(2)
(3)
(4)
(5)
Propane, LPG, natural gas and similar pressurized tanks (not including
above ground gasoline, oil, water and similar non-pressurized tanks or
tanks which are assembled on site).
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
c.
Signs do not require regular Zoning Clearances but do require sign permits as
provided in Section 601.
d.
2.
3.
To the applicant, a fee receipt and a place card of a distinctive and easily
identifiable color that shall state permit number, the date issued, and the work
authorized thereby.
b.
To the Departments files, one (1) copy of the fee receipt and one (1) copy of
the permit data and drawing.
Information Required:
a.
b.
Street address, if any, legal description of the property, and dimensions thereof.
In the case of a metes and bounds parcel, which is a parcel that is not part of a
recorded subdivision, a copy of the recorded legal description must be
submitted with the application.
c.
The location of any creek, river, or dry wash on or within two hundred feet
(200) of the property and/or the establishment of the property location with
respect to determined floodplains. Any property within a delineated floodplain
(flood way or flood fringe) must have approval from the Yavapai County Flood
Control District prior to issuance of a zoning clearance, building and/or grading
permit.
d.
e.
A culvert permit issued by the County Public Works Department, if the property
abuts a County road.
f.
Nature of the proposed use of the structure and premises and true value of the
structure.
g.
h.
In cases where the lot does not meet the minimum lot size, minimum depth or
width for the designated zone, evidence to prove "grandfathered" status as a
legal non-conforming lot in the form of the recorded instrument creating the lot
prior to the effective date of the zoning; or a Board of Adjustment variance to
permit the substandard lot.
i.
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j.
If a parcel is vacant and not in an approved subdivision, and sold after May 18,
2000, proof that the disclosure affidavit required by A.R.S. 33-422 was
recorded must be provided. In the event no affidavit was recorded, the
applicant must execute and record the affidavit prior to issuance of a zoning
clearance.
k.
l.
4.
(1)
(2)
(3)
(4)
(5)
North designation.
(6)
Such other information as the Land Use Specialist may require for the purpose
of determining whether the application complies with the Ordinance
requirements.
b.
Every Zoning Clearance issued by the Land Use Specialist under the provisions
of this Ordinance shall expire by limitation and become null and void if the
building or work authorized by such clearance is not commenced within one
hundred eighty (180) days or six (6) months from the date of issuance of such
clearance, or if the building or work authorized by such clearance is suspended
or abandoned at any time after the work is commenced or a period of one
hundred eighty (180) days, the equivalent of six (6) months has passed. Before
such work can be recommenced, a new permit shall first be obtained to do so.
A permittee holding an unexpired permit may apply for an extension of the time
within which work may commence under that permit when the permittee is
unable to commence the work within the time required by this Section for good
and satisfactory reasons. The Chief Land Use Specialist may extend the time
for action by the permittee for a period not exceeding one hundred eighty (180)
days or six (6) months upon written request by the permittee showing that
circumstances beyond the control of the permittee have prevented action from
being taken. Permits shall not be extended more than once.
c.
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d.
5.
G.
CERTIFICATE OF OCCUPANCY: Shall be issued upon written request of the owner, his
agent or tenant, for any structure or premises existing at the time such comes under the
influence of these Regulations or amendment thereto, certifying the extent and kind of use
made thereof and whether such is a conforming use.
H.
OTHER PERMITS: All other permit applications provided for in this Ordinance shall be filed
in the office of the Land Use Specialist and therefrom transferred through proper channels.
I.
CERTIFICATE OF COMPLIANCE:
1.
Scope: The requirements for Certificate of Compliance shall apply to planning and
zoning action specified by motion of the Planning and Zoning Commission, Board of
Supervisors and/or an Adjustment Board.
2.
3.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
b.
(9)
(10)
4.
5.
6.
7.
Interpretation and Appeals: The applicant has the right of appeal to the Board of
Adjustment with regard to matters within their jurisdiction.
PENALTIES (Civil):
1.
2.
b.
B.
PENALTIES (Criminal): The maximum penalty for each offense shall be a Class 2
misdemeanor as established by the A.R.S.
C.
REMEDIES:
1.
All remedies provided in this Ordinance shall be cumulative and not exclusive.
2.
The imposition of penalties on any person under this Ordinance shall not relieve such
person from the responsibility of correcting prohibited conditions or removing
prohibited structures or improvements, and shall not prevent the enforced correction or
removal of such violations.
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3.
D.
It is unlawful to erect, construct, reconstruct, alter or use any building or other structure within
any area subject to the provisions of this Ordinance without first obtaining a building
permit/zoning clearance from the Land Use Specialist, where such permit is required thereby.
E.
All remedies provided herein shall be cumulative and not exclusive. The conviction of any
person, firm or corporation hereunder shall not relieve such person from the responsibility to
correct such violation, nor prevent the enforcement, correction or removal thereof.
F.
Any fees authorized by the Board of Supervisors shall be doubled for failure to apply prior to
commencing construction or sale of lots, except when such construction was done by a/the
prior owner.
STRUCTURE: The Board shall be composed of five (5) resident taxpayers, one from each
Supervisorial District, who shall serve without pay, except for normal travel expenses. The
Supervisors may hire clerical and technical aid for the Board. The Land Use Specialist will
serve as an ex-officio member (without vote) in official matters of the Board.
B.
PROCEDURE: The Board shall have meetings, hold hearings which shall be open to the public
and make decisions for which a quorum of three (3) will be necessary; the Board shall adopt
rules not inconsistent with this Ordinance and the laws of Arizona; the Board shall select, from
its members, a Chairman and a Secretary; the Chairman shall be the executive officer of the
Board with the power of administrating oaths and taking evidence and shall preside over its
meetings and hearings; the Secretary shall cause minutes of the meetings and hearings to be
kept, showing records of votes, examinations, and other official actions, all of which shall be
filed in the office of the Land Use Specialist.
C.
Decide if there is error in any order, requirement or decision of the Land Use Specialist
in the enforcement of this Ordinance; reverse or affirm, wholly or partly, or modify the
order or decision appealed from and make such order or decision as ought to be made,
and to that end shall have the powers of the Land Use Specialist.
2.
Interpret the Planning and Zoning Ordinance when the meaning of any word, phrase, or
section is in doubt, or where doubt exists as to the proper District of a specific use.
3.
Authorize in specific cases such variance from the terms of this Ordinance as will not
be contrary to the public interest, where owing to special conditions, a literal
enforcement of these provisions will, in the Board's opinion, result in unnecessary
hardships.
4.
Allow the extension of a District where the boundary thereof divides a lot and providing
the Board authority to grant such extension conditional upon development of the
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D.
5.
Determine the location of a District boundary where doubt exists as to the location of
same on the zoning map.
6.
Modify the Land Use Specialists protective requirements in instances where a District
use is conditional upon certain stipulations to be specified by the Land Use Specialist.
7.
Grant the Land Use Specialist clearance to issue a building permit where the applicant
has failed to secure such prior to commencing construction (but only in cases where the
Land Use Specialist has chosen to allow such application to be filed prior to court
action).
Hearing Applications shall be filed in the office of the Land Use Specialist on forms provided
therefore by any person or by any officer, department, board or bureau of the County affected
by any order or decision of the Land Use Specialist within thirty (30) days thereafter, and
specifying the grounds thereof; or for rulings on other matters of Board jurisdiction.
1.
An appeal shall stay all proceedings in the matter appealed from unless the Land Use
Specialist certifies to the Board that by reason of the fact stated in his certificate, a stay
would (in his opinion) cause imminent peril to life or property. In such case,
proceedings shall not be stayed except by restraining order granted by the Board or by a
Court of record on application and notice to the Land Use Specialist.
2.
3.
E.
a.
b.
c.
d.
Evidence of ability and intention of the applicant to proceed with the actual
construction and diligently pursue to completion.
b.
That such granting will not materially affect the health or safety of the
neighborhood residents or the public welfare or be injurious to property or
improvements.
HEARINGS AND RULINGS: The Board of Adjustment shall hold at least one (1) public
hearing, within a reasonable time from the date of application, after giving a minimum of seven
(7) days notice thereof to parties of interest and the public by posting at the property of
application (if property is involved) and by publishing once in a newspaper of general
circulation in the County. The Board of Adjustment shall render a decision within thirty (30)
days after the initial hearing on same, unless an extension is agreed to by the Board and the
applicant.
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F.
1.
2.
3.
The concurring vote of three (3) members shall be necessary to render a ruling.
The purpose of this Subsection is to grant authority to the Development Services Director to
take action on requests for minor modifications or adjustments to certain requirements of this
Ordinance, when such requests constitute a reasonable use of property not permissible under a
strict literal interpretation of this Ordinance.
1.
2.
For the purpose of administering this Subsection, an adjustment in any variance to the
terms or requirements of this Ordinance, which, if granted, would allow the following:
a.
A decrease of not more than two percent (2%) of the required minimum lot area.
b.
A decrease of not more than five percent (5%) of the required minimum lot area
per dwelling.
c.
A decrease of not more than ten percent (10%) of the required minimum lot
width and/or depth.
d.
A decrease of not more than twenty percent (20%) of the required width of a
side yard or the required building separation.
e.
A decrease of not more than twenty percent (20%) of the required front or rear
yard.
f.
An increase of not more than twenty percent (20%) of the permitted height of a
fence or wall.
g.
An increase of not more than ten percent (10%) of the permitted projection of
steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces
into any required front, rear or side setback.
h.
An increase of not more than ten percent (10%) of the permitted height or areas
of signs as required by Section 601 (Sign Code).
i.
An increase of not more than ten percent (10%) in the maximum allowable lot
coverage.
j.
An increase of not more than ten percent (10%) in the permitted height of
buildings.
Application for an Adjustment shall be filed with the Development Services Director
and shall include the following:
a.
b.
Legal description.
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3.
c.
d.
e.
A site plan of the subject property showing existing and proposed structures,
access, parking, and distances from structures to property lines and to other
structures.
f.
g.
h.
Findings:
In granting an Adjustment, the Development Services Director shall make findings of
fact as provided for in Subsections 207 C. and 207 D. of this Section, which establish
the criteria for granting a Variance.
4.
5.
Fees:
A processing fee shall be submitted in association with a Minor Administrative
Variance Application. Upon receipt of an Appeal as set out under Subsection 207 F.6, a
fee equal to a standard variance application shall be necessary to cause the matter to be
presented to the Board of Adjustment. Any fee submitted for the Minor Administrative
Variance Application shall be applicable to the standard variance application.
6.
Appeals:
If the Development Services Director denies an application for an Adjustment, or, if the
applicant disagrees with the conditions imposed on the granting of an Adjustment, if
any, the applicant may file for a Variance in accordance with this Section.
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B.
C.
COMMISSION ACTION: Upon receipt of any proposed amendment, the same shall be
submitted to the Planning and Zoning Commission for a report. Prior to reporting to the Board
of Supervisors, the Commission shall hold at least one (1) public hearing thereon, after giving
at least fifteen (15) days notice thereof by publication (at least once) in a newspaper of general
circulation in the County seat, and by posting the area included in any proposed Zoning District
change.
1.
Prior to noticing for a proposed Zoning District change, the Commission may (on its
own motion) delimit a more compatible zoning area (or require the applicant to).
2.
3.
In the event an application has been denied, the Commission may refuse to consider a
similar application within twelve (12) months of application date.
4.
Failure of the Commission to report to the Board of Supervisors within sixty (60) days
of date of application shall be deemed to be a neutral report.
D.
BOARD OF SUPERVISORS ACTION: Upon receipt of the Planning and Zoning Commission
report, the Board of Supervisors shall, within a reasonable time thereafter, hold at least one (1)
public hearing after giving at least fifteen (15) days notice thereof by publication at least once
in a newspaper of general circulation in the County seat and by posting the area included in any
proposed Zoning District change. Such hearing notice may be simultaneous with that of the
Planning and Zoning Commission or at anytime thereafter. After such hearing, the Board of
Supervisors may take appropriate action. If any members of the Board are unable to vote on
the question because of a conflict of interest, the required number of votes for the passage of
the question in no event shall be less than a majority of the full membership of the Board.
E.
Posting and Advertising: The Land Use Specialist shall post in no less than two (2)
places with a least one (1) notice for each one-quarter (1/4) mile of frontage along
perimeter public right-of-way so that notices are visible from the nearest public right-ofway, and determine the wording of the advertising so as to be, in his judgment, an
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Notice by Mail: The Land Use Specialist shall mail notices by first class mail of the
Planning and Zoning Commission hearing, from a list supplied by the applicant, to each
real property owner as shown on the last assessment of the property within three
hundred feet (300) of a proposed district boundary change.
a.
b.
The notice sent by mail shall include, at a minimum, the date, time and place of
the hearing on the proposed amendment or change including a general
explanation of the matter to be considered, a general description of the area of
the proposed amendment or change, and how the real property owners within
the Zoning area may file approvals or protests of the proposed rezoning.
A.
Every applicant who is proposing a project, which requires a public hearing, shall include a
citizen participation plan, which shall be implemented prior to the first public hearing. This
process shall be started prior to submitting a rezoning, General Plan Major Amendment or Use
Permit application. This process should not occur until after the required pre-application
meeting and consultation with the Planning and Design Review Division staff.
B.
Purpose:
1.
Ensure that applicants pursue early and effective citizen participation in conjunction
with their applications, giving them opportunity to understand and try to mitigate any
real or perceived impacts their application may have on the community.
2.
Ensure that the citizens and property owners within the community have an adequate
opportunity to learn about applications that may affect them and to work with
applicants to resolve concerns at an early stage of the process.
3.
C.
The citizen participation plan is not intended to produce complete consensus on all
applications, but to encourage applicants to be good neighbors and to allow for informed
decision-making.
D.
The level of citizen interest and area of involvement will vary depending on the nature of the
application and the location of the site. The target area for early notification will be determined
by the applicant after consultation with the Planning and Design Review Division. At a
minimum, the target area shall include the following:
1.
b.
E.
2.
3.
Other interested parties who have requested that they be placed on the interested
parties notification list maintained by the Development Services Department.
4.
Those residents, property owners, interested parties, political jurisdictions and public
agencies that may be affected by the application.
5.
The Planning and Design Review staff may determine that additional notices or areas
be included.
At a minimum, the following information regarding the involvement of the target area must be
included:
1.
How those interested in and potentially affected by an application will be notified that
an application has been made.
2.
How those interested and potentially affected parties will be informed of the substance
of the change, amendment, or development proposed by the application.
3.
4.
5.
How the applicant will keep the Planning and Design Review Division informed on the
status of their citizen participation efforts.
F.
These requirements are in addition to any notice provisions required by State Statute and the
Planning and Zoning Ordinance.
G.
Additional Meetings:
Extenuating circumstances may warrant the Planning and Design Review staff to cause the
applicant to hold additional citizen participation meetings including, but not limited to:
1.
Timeframe between the last meeting and the date of the submittal.
2.
Any substantial changes that have occurred to the development proposal since the last
citizen participation meetings were held.
II.
A.
The applicant shall provide a written report on the results of their citizen participation effort
prior to the notice of public hearing. This report will be included in the information provided
to the Planning and Zoning Commission by the Planning and Design Review staff at the public
hearing on the matter.
B.
That the citizen participation report will include the following information:
1.
Dates and locations of all meetings where citizens were invited to discuss the
applicants proposal;
b.
2.
c.
d.
A summary of concerns, issues and problems expressed during the process, including:
a.
b.
How the applicant has addressed or intends to address concerns, issues and
problems expressed during the process;
c.
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CHAPTER 3 DEFINITIONS
SECTION 301 DEFINITIONS
For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall
have the meaning given on the following pages. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the singular number, and words
in the singular number include the plural number. The word "shall" is always mandatory and not
merely directory. The word "person" includes individuals, partnerships, corporations, clubs, and
associations. The following words or terms when applied to this Ordinance shall carry full force when
used interchangeably: lot, plot, parcel, or premises; used, arranged, occupied, or maintained; sold, or
dispensed; construct, reconstruct, erect, place, or alter (structurally or otherwise).
DEFINED TERMS, PHRASES AND WORDS:
ACCESS Shall be the means of ingress and egress connecting a site to the public roadway.
ACCESSORY BUILDING - See BUILDING.
ACCESSORY USE - See USE.
ADJACENT - Nearby, but not necessarily touching (abutting).
ADJUSTMENT BOARD - Board of Adjustment of Yavapai County, Arizona.
ALLEY - A public passageway affording a secondary means of access to abutting property.
ANTIQUE - A product that is sold or exchanged because of increased value derived due to oldness as
respects the present age but not simply because same is not a new product.
APARTMENT - A suite of rooms, with or without cooking facilities, used for living purposes. Each
such suite of rooms having cooking facilities shall constitute a dwelling unit.
APARTMENT HOTEL - See HOTEL.
APARTMENT HOUSE - A building containing a group of dwelling units.
ARTERIAL - A highway used, or intended to be used, for heavy through-traffic flow or one
connecting neighborhoods or communities.
ATTACHED BUILDING - See BUILDING.
AUTOMOBILE SERVICE STATION - A place of business having pumps and/or storage tanks
from which liquid fuel and/or lubricants are dispensed at retail directly into the motor vehicle.
Service, inspections and minor repairs are considered accessory to the sale of such fuel and lubricants.
BED & BREAKFAST GUEST UNIT One (1) or more rooms intended for overnight occupancy
for remuneration by persons other than those who permanently reside at the home.
BED & BREAKFAST HOMESTAY - An owner-occupied residence which has up to three (3) guest
units within a single-family residential structure, the owners of which serve breakfast to guests and
seldom advertise.
BED & BREAKFAST INN - An owner-occupied residence which has a maximum of five (5) guest
units, the owners of which serve breakfast to guests and advertise on a regular basis.
BED & BREAKFAST COUNTRY INN - A residence or building which has six (6) or more guest
units, the facility may have a restaurant open to the general public as well as registered guests, and the
facility exhibits a character of use consistent with that normally associated with a hotel or motel.
Performance standards for Hotel/Motel shall apply for application of Ordinance requirements.
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BLOCK - That property fronting on one (1) side of a street and so bounded by other streets, canals,
railroad right-of-way, non-subdivided acreage or other barriers (except alleys) of sufficient magnitude
as to interrupt the continuity of development on both sides thereof.
BOARD - Board of Supervisors of Yavapai County, Arizona (except as is referenced to Board of
Adjustment in Section 207 Adjustment Board).
BOARDING HOUSE - See ROOMING HOUSE.
BUILDING - A structure having a roof supported by columns or walls.
BUILDING (ACCESSORY) - A subordinate building, either attached or detached from the principal
building, containing an accessory use.
BUILDING (ATTACHED) - A building which has at least part of a wall in common with another
building, or which is connected to another building by a roof that exceeds six feet (6) wide between
opposite open ends. (See Example)
OPEN
Greater
than 6 ft.
Example of
attached
buildings
OPEN
Accessory
building
Varies
Home
BUILDING (CLOSED) - A building completely enclosed by a roof, walls and/or doors on all sides.
BUILDING (COMMUNITY) - A public or quasi-public building used for community activities of an
educational, recreational or public service nature.
BUILDING (DETACHED) - A building, which is separated from another building or buildings on
the same lot. Buildings connected only with a roof not more than six feet (6) wide between opposite
open ends shall be deemed to be detached. (See Example)
OPEN
6 ft. max.
Example of
detached
buildings
OPEN
Accessory
building
10 ft.
min.
Home
Page 24
BUILDING (PRINCIPAL) - A building or buildings in which is conducted the principal use of the
lot on which it is situated. In any residential district, any dwelling shall be deemed to be the principal
building of the lot on which the same is situated. Any commercial building with an adequate approved
sanitary sewage disposal system may be considered the principal building
BUILDING (SITE BUILT) - A building, all or a major portion of which was constructed on site.
BUILDING AREA - The total areas (taken on a horizontal plane at the mean grade level) of the
principal buildings and all accessory buildings and structures (exclusive of terraces and steps).
BUILDING FLOOR AREA - Sum of the floor areas of all stories of a building.
courts and decks or porches when covered by a roof.
This includes
BUILDING HEIGHT - The vertical distance (measured from the average natural grade level) to the
average height of the highest roof surface. As provided for in Section 540, building height does not
apply to portions of buildings extending above the general roof line and comprising an aggregate area
not greater than twenty-five percent (25%) of the total roof area, or to structures other than buildings.
BUILDING PERMIT - Shall mean a permit required for the erection, construction, modification,
addition to or moving of any building, structure or use in the unincorporated areas of Yavapai County,
pursuant to building codes adopted by the Board of Supervisors.
CARPORT - An open porch used solely for the parking of motor vehicles and containing no
enclosing walls, screen, lattice or other material other than the wall or walls of the building to which it
attaches, or other than a storage room (where the side adjoining the lot boundary does not exceed six
feet (6)).
CEMETERY - A burial ground for human remains.
COMMISSION - Planning and Zoning Commission of Yavapai County, Arizona.
COMMUNITY BUILDING - See BUILDING.
COMMUNITY GARDEN A piece of property gardened by an individual/group of people to
produce flowers, fruits, orchards and/or vegetables for personal use, subject to performance criteria set
out in Section 512 (Community Garden).
CONTIGUOUS - In actual contact.
COURT - Any space (other than a yard) on the same lot with a building or group of buildings 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 a court shall be its least horizontal dimension.
CUSTOM - Pertaining to work, service or assembly done to order for individual customers for their
own use or convenience.
DEAD STORAGE - Goods not in use and not associated with any office, retail or other business use
on premise in a self-storage facility or structure.
DECK - An exterior floor system supported on at least two (2) opposing sides by an adjoining
structure and/or posts, piers, or other independent supports without a roof.
DETACHED BUILDING - See BUILDING.
DEVELOPMENT SERVICES DIRECTOR Person appointed by the Board of Supervisors or
person designated by the Development Services Director.
DIRECTIONAL SIGN - See SIGN.
Page 25
DISTRICT - Refers to either a Use District, a Density District or a combination of both such
Districts.
DRIVE-IN RESTAURANT - Any establishment where food or beverages are dispensed through
openings in the building or by service to customers in a vehicle.
DRIVE-IN THEATER - An open-air theater where the performance is viewed by all or part of the
audience from motor vehicles.
DWELLING - A building containing one (1) dwelling unit with an adequate approved sanitary
sewage disposal system.
DWELLING (MULTIPLE) - A building containing two (2) or more dwelling units.
DWELLING UNIT - A room (or group of rooms) designed for one (1) or more persons living and
cooking as one (1) homogeneous body (see FAMILY) and containing one (1) interior accommodation
for preparation of meals. A dwelling unit does not include lodging as defined in this Ordinance.
EDUCATIONAL INSTITUTION Any institution (including Charter Schools) established for the
purposes of offering instruction acceptable to the educational authorities within the school district of
jurisdiction in several branches of learning and study to pupils in programs for preschool children with
disabilities, kindergarten programs or any combination of grades one through twelve but not including
stand alone business colleges, riding academies, or trade, art, music, dancing, nursery or vocational
schools. Can include an elementary school, high school, college, university or similar facility.
FAMILY a.
An individual, or two (2) or more persons related by blood, marriage, or adoption, or other
legal relationship including any live-in domestic help, living together as a single housekeeping
unit in a dwelling unit, or
b.
A group of not more than eight (8) persons who need not be related but function as a family
customarily living together as a single housekeeping unit in a dwelling unit, or
c.
A residential facility for not more than ten (10) persons duly licensed by the State of Arizona
for the developmentally disabled, family foster home, adult foster care or similar residential
facility.
FARM ANIMALS Animals other than household pets that shall be permitted to, where permitted,
be kept and maintained for commercial production and sale and/or family food production, education
or recreation. Farm animals are identified as being e.g. horses, cattle, swine, llamas, sheep, goats,
rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks, and pigeons.
FENCE - A barrier constructed of materials such as solid wood slats, barbed wire, pipe and chain link.
Barriers constructed with materials not designed for fencing are not applicable to this definition.
FLOOR AREA - See BUILDING FLOOR AREA.
FREIGHT STATION - A facility for loading, unloading and warehousing of freight.
FREIGHT TERMINAL - A facility for loading and unloading of freight for current distribution but
not warehousing.
GARAGE (PRIVATE) - An accessory building occupied primarily by the passenger motor vehicles
of the families residing on the same lot.
GARAGE (PUBLIC) - Any building, other than that defined as a private garage, used for the storage
or care of motor vehicles, or where any such vehicles are equipped for operation, repaired, or kept for
remuneration, hire or sale.
Page 26
GRADE (adjacent natural ground elevation). - The lowest point of elevation of the natural surface of
the ground, within the area between the building and a line five feet (5) from the building.
GROSS VEHICLE WEIGHT (GVW) The sum total of the weight of a vehicle plus the vehicles
maximum load capacity as stated by the vehicles manufacturer.
GUEST HOME - A secondary structure meeting the applicable Zoning District requirements as to
construction type not exceeding seven hundred fifty (750) square feet of livable building area or
twenty-five percent (25%) of the total square footage of livable building area under roof whichever is
larger of the primary residential structure and meeting primary structure setbacks of the pertinent
zoning district. Used to house a non-paying or non-reimbursing relative or guest.
GUESTROOM One (1) or more rooms intended for occupancy overnight (or longer) by other than
members of the family. If such contains cooking facilities it is deemed a dwelling unit.
HOME OCCUPATION - A use within a primary dwelling or in an attached or detached structure
carried on by residents thereof for gain, which use is merely incidental to the residential use and does
not change the character thereof by display or otherwise.
HOSPITAL - A place for the treatment or care of human ailments, and, unless otherwise specified,
the term shall include sanitarium, clinic, maternity home, rest home, convalescent home and similar.
HOTEL - A building other than a boarding house, which building contains more than five (5)
guestrooms and where entrance to the sleeping rooms or apartments is from a common entrance or
lobby used primarily for lodging on a daily or weekly basis. For Density Formula purposes, two (2)
such guestrooms may be counted as one (1) dwelling unit.
HOTEL (APARTMENT) - A building or group of buildings containing a number of independent
suites of rooms for dwelling purposes and in which at least one (1) common dining room is provided.
For Density Formula purposes, each two (2) guestrooms may be counted as one (1) dwelling unit.
INSPECTOR - See LAND USE SPECIALIST.
INTERIOR LOT - See LOT.
JUNK YARD - See YARD.
KEY LOT - See LOT.
KINDERGARTEN - Same as Nursery School except when operated in conjunction with a school of
general instruction and having accredited instruction.
LAND USE SPECIALIST (a.k.a. Zoning Inspector per State Statute) - Person or any deputy
specialists charged with investigation and enforcement of these and other related regulations in
Yavapai County. The Development Services Director as appointed by the Board of Supervisors
assumes the title of Land Use Specialist in accordance with A.R.S. 11-815A and may assign these
duties to the Land Use Unit or other designate.
LAUNDRY (SELF-HELP) - A building in which domestic type washing machines and/or dryers are
provided on a rental basis for use by individuals doing their own laundry.
LODGING The rental, lease or sale of a dwelling unit on a daily or weekly basis or any other basis
for less than thirty (30) consecutive days.
LOT - A parcel of land, or two (2) or more parcels, to be used as a unit and having its principal
frontage on a dedicated street or street easement. Where a half-street has been dedicated from such
parcel, such shall be qualification for street frontage.
Page 27
LOT (CORNER) - A lot abutting on two (2) or more intersecting or intercepting streets where the
angle of intersection does not exceed one hundred thirty-five degrees (135). A corner lot shall be
considered to be in that block on which the lot fronts.
LOT DEPTH - The shortest distance between the mid-point of each of the front and rear lot lines.
Width determined similarly. (See Example)
appearance and kind to those used in site built homes and be connected to the required utilities,
including the typical plumbing, heating, air conditioning electrical systems and adequate sewage
disposal systems approved, installed and operational. The term Multi-Sectional Manufactured
Home does not include manufactured homes, mobile homes, recreational vehicles, factory-built
buildings or travel trailers.
MEMORIAL PARK CEMETERY - See CEMETERY.
MOBILE HOME - A dwelling unit built prior to June 15, 1976, on a permanent chassis, capable of
being transported in one (1) or more sections and designed to be used with or without a permanent
foundation as a dwelling and placed within applicable zoning use districts when connected to on-site
utilities including an adequate sanitary sewage disposal system approved, installed and operational.
The term "Mobile Home" does not include recreational vehicles, travel trailers, manufactured homes,
multi-sectional manufactured homes or factory built buildings. Mobile Homes can no longer be
installed in Yavapai County except in Mobile Home Parks.
MANUFACTURED HOME (MOBILE HOME) COURT - A parcel of land used (or designed) for
the location of more than one (1) mobile home or manufactured home for the purposes of rental or
multiple family usage. Installation/units to comply with A.R.S. 41-2154, 2155.
MOTEL - A building or group of buildings containing guestrooms or dwelling units, each of which
maintains a separate outside entrance used primarily for lodging on a daily or weekly basis for the
accommodation of automobile travelers and providing automobile parking space on the premises. For
Density Formula purposes, two (2) such guestrooms may be counted as one (1) dwelling unit.
MULTIPLE DWELLING - See DWELLING.
NET METERING A practice where a property owner can offset some of the costs of purchased
electric power by selling surplus electric power back to the utility company.
NEWSPAPER OF GENERAL CIRCULATION - Shall be deemed to mean a daily newspaper (if
one is published) or, if no daily newspaper is published, a weekly newspaper may be used.
NON-CONFORMING USE - See USE.
NURSERY SCHOOL - See SCHOOL.
PATIO, OUTSIDE (COMMERCIAL) Outside seating for customers with food and beverage
service by the establishment. No outside live or amplified music. Seating to be included in required
parking calculations for said business.
PETS (HOUSEHOLD) Dogs, cats, rabbits, birds, etc. (and other small animals under one hundred
(100) pounds), for family use only (noncommercial) with cages, pens, etc.
PORCH (OPEN) - A porch in which any portion extending into a front or side yard shall have no
enclosure by walls, screens, lattice or other material higher than fifty-four inches (54) above the
natural grade line adjacent thereto; which porch is to be used solely for ingress and egress and not for
occupancy as a sleeping porch or wash room.
POWER GENERATING UTILITY (for purposes of generating power - electrical or otherwise)
Any facility designed to generate power that transfers power off-site for sale. With the exception of
NET METERING as adopted by the Arizona Corporation Commission.
PRINCIPAL BUILDING - See BUILDING.
PRIVATE GARAGE - See GARAGE.
PRIVATE USE - See USE.
Page 29
VEHICLE (JUNK) A vehicle that is in such a state of deterioration that it cannot be profitably
dismantled or salvaged for parts and cannot be profitably restored (from A.R.S. 28-4881).
VEHICLE (PRIVATELY OWNED) A vehicle used for private purposes.
VEHICLE (RECREATIONAL) - Means a motor vehicle that is designed and customarily used for
private pleasure, including vehicles commonly called motor homes, pickup trucks with campers and
pickup trucks with a fifth wheel trailing device. (See also TRAILER (TRAVEL))
WALL A barrier constructed of materials such as solid block, native stone and rock or wood stucco.
Barriers constructed with materials not designed for walls are not applicable to this definition.
WIND TURBINE (HEIGHT) The height of a wind turbine is measured from the average natural
grade to the tip of the rotor blade at its highest point.
WRECKING YARD - See YARD (WRECKING).
YARD - A required space of uniform width adjacent to the perimeter of a lot, the interior boundary of
which is measured as a minimum horizontal distance to the required setback of a principal structure
from a lot boundary; or from any future width line.
YARD (FRONT) - A yard abutting the front street.
YARD (JUNK) - An open-land area or portion thereof (exclusive of an area not exceeding the
provisions of Section 564 (Outside Storage)) used for storage, keeping, sale or abandonment of junk
(including scrap material, disabled vehicles or used vehicular parts).
YARD (REAR) - A yard abutting the rear lot line or alley.
YARD (SIDE) - A yard abutting a side street (exterior side yard) or a common side boundary (interior
side yard), lying between required front and rear yards.
YARD (WRECKING) - An open-land area used for dismantling or demolition of motor vehicles,
machinery, equipment or similar and usually the storage thereof.
ZONING AREA - The area within three hundred feet (300) of the proposed amendment or change.
ZONING CLEARANCE - The approval or authorization by the Land Use Specialist indicating that a
proposed building, structure or use of land meets all the standards contained in this Ordinance.
ZONING DISTRICT - A zoned area in which the same zoning regulations apply throughout.
Page 32
411
412
413
414
415
420
421
422
430
431
432
440
441
442
450
460
470
OVERLAY ZONES
Page 33
Dwelling unit (site built) for one (1) family on any one (1) lot.
B.
Religious institutions (in permanent site built buildings) upon Conditional Use Permit approval.
C.
Educational institutions (publicly funded) as defined in Section 301 (Definitions) (in site-built
buildings), except that a charter school may not operate in a single-family residence that is
located on property of less than an acre.
D.
E.
Public utility facilities (but not business offices nor repair or storage facilities) when necessary
for serving the surrounding territory on one (1) acre or less following Administrative Review
with Comment Period.
F.
When in conjunction with an approved development plan, golf courses with accessory uses
such as pro shops, shelters, restrooms, etc. (but not commercial driving ranges or miniature
putting courses). Subject to the performance standards set out in Section 534 (Golf Course
Standards).
G.
Accessory uses and structures (concurrent with and located on the same lot with the principal
uses and structures and including the following):
1.
Farm animals on lots of no less than seventy thousand (70,000) square feet for the
convenience and pleasure of the lot occupants, not to exceed the number allowed as per
the Allowed Animal Chart (Section 501 E.) except swine shall not exceed five (5) total
per parcel. Stables, barns, or structures for sheltering or feeding animals must observe
the same setbacks or yards as the dwelling unit.
a.
(2)
Location of containment areas must be at least fifteen (15) feet from all
property lines.
(3)
(4)
All structures shall be kept in a neat and slightly manner and shall be
controlled from refuse, manure, and other nuisances at all times. Storage
of feed, equipment and other material related to such animals shall be
entirely within an enclosed building.
(5)
2.
Swimming pools in other than the front yard primary use setback area.
3.
Quarters for servants and/or non-paying guests attached to the dwelling (facilities for
preparation of food are prohibited).
Page 34
4.
5.
6.
Temporary on-site sales (real estate) facility only as defined in Section 301
(Definitions) in compliance with the regulations and performance standards outlined
under Section 570 (Real Estate Offices - Temporary).
7.
Household pets.
8.
9.
Parking facilities to meet no less than the minimum requirements as provided under
Section 602 (Parking and Off-Street Loading).
10.
Solar installations and wind turbines for on-site use only (including NET METERING
as adopted by the Arizona Corporation Commission) except that wind turbines and
ground mount solar panels must meet district building height limitations above natural
grade and principal setback requirements.
11.
Entry feature structure to be allowed to encroach in the setbacks on parcels two (2)
acres or larger, subject to the following development criteria:
a.
b.
There shall be no more than one (1) entry feature per parcel.
c.
The entry feature shall hae a maximum height of twenty-four feet (24) and a
maximum width of no more than thirty feet (30).
d.
The entry feature shall have a minimum opening of twelve feet (12) in width
and sixteen feet (16) in height.
e.
Entry feature shall be set back one foot (1) for every one foot (1) in height.
f.
All lighting on any entry feature shall be subject to Section 603 (Light Pollution
Control).
Page 35
H.
Occupancy of temporary housing, including travel trailers, recreational vehicles, park models
and single-wide manufactured homes during the construction of a permanent dwelling is
allowed during the twenty-four (24) month period after the issuance of a building permit (and
the building permit remains valid). A permit must be obtained prior to occupancy of the
temporary housing. One (1) extension of time for use of a recreational vehicle, travel trailer,
park model or single-wide manufactured home as temporary housing may be granted at the
discretion of the Development Services Director for a period not to exceed twelve (12) months.
Further extensions will require a Use Permit.
I.
Bed & Breakfast Homestays as defined under Section 301 (Definitions), subject to performance
standards set out in Section 507 (Bed and Breakfasts) for Homestays with Administrative
Review with Comment Period.
J.
Detached guest homes as defined under Section 301 (Definitions), subject to the performance
standards set out in Section 537 (Guest Home - Detached): with a minimum parcel size of
seventy thousand (70,000) square feet.
K.
Home Occupations as defined under Section 301 (Definitions), subject to approval by the
Development Services Director; home occupation shall comply with the regulations and
standards set out in Section 543 (Home Occupation).
L.
Secondary Medical Dwelling Variance for medical hardships as defined under Section 301
(Definitions), subject to performance criteria found in Section 525 (Dwelling Secondary
Medical) and dwelling unit to conform to applicable zoning district performance criteria.
M.
Private family cemeteries for the internment of human remains, with an Administrative Review
with Comment Period subject to the following criteria:
N.
1.
Notification area for the Administrative Review with Comment Period is one thousand
(1,000) feet from the property boundary.
2.
Property owner to delineate cemetery boundary with a minimum three foot (3) fence.
3.
The application shall include a paper copy of a scale map, titled Results of Survey or
similar, with the parcel area and dimensions showing existing parcel lines and all
proposed easements. The map/survey shall be sized 18 x 24 (one 8.5 x 11 copy
must also be submitted) or of a format acceptable to the County Recorders Office. The
legal descriptions and the map/survey shall be prepared by an Arizona Registered Land
Surveyor.
4.
5.
Cemetery is prohibited from becoming a separate tax parcel and must maintain
minimum zoning district requirements.
6.
7.
Community Gardens as defined under Section 301 (Definitions), subject to performance criteria
set out in Section 512 (Community Garden).
Page 36
Min Lot
Width
and
Depth
7.5
7,500
10
10,000
12
Dist.
Max Building
Height
Stories / feet
Max Lot
Coverage
Percent
Front
Rear
Interior
Exterior
75
20
25
10
30
50
80
20
25
10
30
40
12,000
90
20
25
10
30
40
18
18,000
100
30
30
10
15
30
25
25
25,000
130
30
30
10
15
30
20
35
35,000
145
40
40
20
20
30
15
70
70,000
200
50
50
25
30
30
15
2A
87,120
225
50
50
25
30
30
10
175
175,000
300
50
50
30
50
30
10
5A
217,800
325
50
50
40
50
30
10
10A
435,600
500
50
50
50
50
30
36A
1,568,160
500
50
50
50
50
30
Page 37
All principal and accessory uses and structures permitted in the R1L Zoning District.
B.
C.
D.
Steel storage containers to meet the minimum requirements as provided under Section 564
(Outside Storage).
E.
Educational institutions (publicly funded) as defined in Section 301 (Definitions) (in any
permitted buildings), except that a charter school may not operate in a single-family residence
that is located on property of less than an acre.
F.
Religious Institutions (in any permitted buildings) upon Conditional Use Permit approval.
Zoning/Density Regulations (in feet unless otherwise noted)
Min Lot Size in
Sq. Ft. per
dwelling
Min Lot
Width
and
Depth
7.5
7,500
10
10,000
12
Dist.
Max Building
Height
Stories / feet
Max Lot
Coverage
Percent
Front
Rear
Interior
Exterior
75
20
25
10
30
50
80
20
25
10
30
40
12,000
90
20
25
10
30
40
18
18,000
100
30
30
10
15
30
25
25
25,000
130
30
30
10
15
30
20
35
35,000
145
40
40
20
20
30
15
70
70,000
200
50
50
25
30
30
15
2A
87,120
225
50
50
25
30
30
10
175
175,000
300
50
50
30
50
30
10
5A
217,800
325
50
50
40
50
30
10
10A
435,600
500
50
50
50
50
30
36A
1,568,160
500
50
50
50
50
30
Page 38
All principal and accessory uses and structures permitted in the R1L and RMM Districts.
B.
Manufactured Homes and Park Models are permitted as a dwelling unit for a single family on
an individual lot or parcel as set forth in Section 301 (Definitions) and subject to Section 552
(Manufactured Housing/Multi-Sectional Manufactured Housing Standards) or Section 565
(Park Model Standards).
C.
Additional accessory uses and structures (concurrent with and located on the same lot with the
principal uses and structures and including the following):
1.
Roomers or boarders, not to exceed two (2) for any one (1) dwelling unit.
2.
Farm animals on lots of no less than thirty-five thousand (35,000) square feet for the
convenience and pleasure of the lot occupants, not to exceed the number allowed as per the
Allowed Animal Chart (Section 501 E.) except swine shall not exceed five (5) total per
parcel. Stables, barns or structures for sheltering or feeding animals must observe the same
setbacks or yards as the dwelling unit.
a.
(2)
Location of containment areas must be at least fifteen feet (15) from all
property lines.
(3)
(4)
All structures shall be kept in a neat and sightly manner and shall be
controlled from refuse, manure, and other nuisances at all times. Storage of
feed, equipment and other material related to such animals shall be entirely
within an enclosed building.
(5)
Page 39
Min Lot
Width
and
Depth
7.5
7,500
10
10,000
12
Dist.
Max Building
Height
Stories / feet
Max Lot
Coverage
Percent
Front
Rear
Interior
Exterior
75
20
25
10
30
50
80
20
25
10
30
40
12,000
90
20
25
10
30
40
18
18,000
100
30
30
10
15
30
25
25
25,000
130
30
30
10
15
30
20
35
35,000
145
40
40
20
20
30
15
70
70,000
200
50
50
25
30
30
15
2A
87,120
225
50
50
25
30
30
10
175
175,000
300
50
50
30
50
30
10
5A
217,800
325
50
50
40
50
30
10
10A
435,600
500
50
50
50
50
30
36A
1,568,160
500
50
50
50
50
30
Page 40
B.
Temporary occupancy of one (1) recreational vehicle or travel trailer as defined in Section 301
(Definitions) and subject to Section 571 (RVs and Travel Trailers Temporary Camping).
Zoning/Density Regulations (in feet unless otherwise noted)
Dist.
Min Lot
Width
and
Depth
Rear
Interior
Exterior
Max Building
Height
Stories / feet
Max Lot
Coverage
Percent
2A
87,120
225
50
50
25
30
30
10
175
175,000
300
50
50
30
50
30
10
5A
217,800
325
50
50
40
50
30
10
10A
435,600
500
50
50
50
50
30
36A
1,568,160
500
50
50
50
50
30
Page 41
All principal and accessory uses and structures permitted in the RCU District.
B.
Multi-family dwelling units and apartment hotels (site-built buildings only) in conformity with
the Density Formula for the District.
C.
2.
3.
D.
E.
Bed & Breakfast Inns as defined under Section 301 (Definitions), subject to the regulations and
performance standards set out in Section 507 (Bed and Breakfasts) subject to Administrative
Review with Comment Period.
Zoning/Density Regulations (in feet unless otherwise noted)
Dist.
Min Lot
Size in Sq. Min Area per
dwelling unit
Ft.
Min Lot
Width
and
Depth
Rear
Interior
Exterior
7,500
1,000
75
20
25
10
7,500
2,000
75
20
25
7,500
3,000
75
20
25
7,500
4,000
75
20
25
Max Building
Height
Stories / feet
Max Lot
Coverage
Percent
50
50
10
40
50
10
30
50
10
30
50
7,500
5,000
75
20
25
10
30
50
7.5
7,500
7,500
75
20
25
10
30
50
10
10,000
10,000
80
20
25
10
30
40
12,000
12,000
90
20
25
10
30
40
12
Page 42
All principal and accessory uses and structures permitted in any more restrictive Zoning
District. Where the lot is contiguous to a less restrictive Zoning District, requirement for
securing an Administrative Review is waived (unless otherwise provided for).
B.
Offering of personal services within enclosed buildings (such as, but not limited to beauty and
barber, massage, photography, group instruction, tailoring and small appliance repair). Such
operations shall not include the offering of materials or equipment for sale. Small appliance
repair not to include small gas engines. Subject to Administrative Review with Comment
Period.
C.
Hospitals, clinics, sanitariums and nursing homes for the care of humans on a minimum onehalf () acre parcel excluding road right-of-way.
D.
Offices in which only professional, administrative, clerical or sales services are conducted.
E.
Private clubs and lodges operated solely for the benefit of bona fide members, including
outdoor recreation or assembly facilities on two (2) acres or less. Subject to Administrative
Review with Comment period.
F.
G.
H.
Page 43
Min Lot
Size in Sq. Min Area per
dwelling unit
Ft.
Min Lot
Width
and
Depth
Rear
Interior
Exterior
Max Building
Height
Stories / feet
Max Lot
Coverage
Percent
7,500
1,000
75
20
25
10
50
50
7,500
2,000
75
20
25
10
40
50
7,500
3,000
75
20
25
10
30
50
7,500
4,000
75
20
25
10
30
50
7,500
5,000
75
20
25
10
30
50
7.5
7,500
7,500
75
20
25
10
30
50
10
10,000
10,000
80
20
25
10
30
40
12
12,000
12,000
90
20
25
10
30
40
18
18,000
18,000
100
30
30
10
15
30
25
25
25,000
25,000
130
30
30
10
15
30
20
35
35,000
35,000
145
40
40
20
20
30
15
70
70,000
70,000
200
50
50
25
30
30
15
2A
87,120
87,120
225
50
50
25
30
30
10
175
175,000
175,000
300
50
50
30
50
30
10
5A
217,800
217,800
325
50
50
40
50
30
10
10A
435,600
435,600
500
50
50
50
50
30
36A
1,568,160
1,568,160
500
50
50
50
50
30
Page 44
All principal and accessory uses permitted in any more restrictive Zoning District and
providing further that unless specifically provided to the contrary the requirements for an
Administrative Review (except for lots contiguous to Residential Districts) are waived.
B.
Mobile and Manufactured Home Courts. Subject to Administrative Review with Comment
Period.
C.
D.
E.
Restaurants and cafes, but prohibiting vending from openings in buildings (no drive-through
windows).
F.
G.
Custom service and craft shops as follows, limited to three thousand (3,000) square feet of shop
floor area: barber, beauty, massage, tailor and cleaning pickup, key and gun, photographic, fixit
(home appliance, saw, mower, clock, radio, TV and similar) precision and musical instrument,
optical.
H.
Launderettes, limited to machines not exceeding twenty-five (25) pound capacity according to
manufacturers rating.
I.
Dancing, art, music and business schools (prohibiting public recitals, concerts or dances).
J.
K.
Parking facilities limited to no more than two (2) trucks for any one (1) commercial project.
L.
M.
N.
Hotel/Motel/Resorts.
O.
Retail Liquid Propane dispensing stations on the premises and as an accessory to an allowed
retail commercial use subject to design and siting approval and inspection by the Office of the
Arizona State Fire Marshal and/or the applicable Fire District. See performance criteria in
Section 549 (Liquid Propane Dispensing Retail)
P.
Q.
Outside patios as defined in Section 301 (Definitions) as an accessory use and meeting all
applicable codes and Ordinances.
R.
Religious Institutions.
Page 45
Min Lot
Size in Sq. Min Area per
dwelling unit
Ft.
Min Lot
Width
and
Depth
Rear
Interior
Exterior
7,500
1,000
75
20
25
10
7,500
2,000
75
20
25
7,500
3,000
75
20
25
7,500
4,000
75
20
25
7,500
5,000
75
20
25
Page 46
Max Building
Height
Stories / feet
Max Lot
Coverage
Percent
50
50
10
40
50
10
30
50
10
30
50
10
30
50
All principal and accessory uses permitted in any more restrictive Zoning District; and
providing further that unless specifically provided to the contrary the following are waived:
1.
2.
3.
B.
C.
D.
E.
F.
Dancing, art, music, business and trade schools (including permission for public recitals,
concerts and dances).
G.
H.
I.
Custom craft and service shops, limited to five thousand (5,000) square feet of shop floor area.
Cleaning and dyeing limited to closed unit machines with self-contained transmission and using
solvents, shampoos, detergents and other agents of chlorinated solvent type and having a rating
of five (5) or under by Underwriters Laboratories Inc.
J.
K.
Water distillation and bottling for retail sales only, limited to five thousand (5,000) square feet
of shop floor area.
L.
Mortuaries (loading, unloading and automobile stacking for processionals confined to mortuary
premises).
M.
N.
General repair of automobiles, light trucks, recreational vehicles, cycles, and small stationary or
portable machinery entirely within enclosed buildings or attached enclosures of solid material
at least six feet (6) in height: subject to performance criteria set out in Section 585 (Vehicle &
Portable Machinery Repair).
Page 47
O.
General sales of new and used automobiles, light trucks, recreational vehicles, travel trailers,
boats, boat trailers, utility trailers, motorcycles, ATV's (All Terrain Vehicles), bicycles and
small stationary or portable machinery within enclosed buildings. Outside display of such
vehicles or similar merchandise shall be permitted subject to performance criteria set out in
Section 561 (Outside Display - Commercial)
P.
Veterinary clinics and hospitals for the diagnosis and treatment of household pets and other
small animals under one hundred (100) pounds, entirely within an enclosed building not
exceeding three thousand (3,000) square feet. Boarding of animals incidental to their diagnosis
or treatment shall be permitted provided that:
Q.
1.
The boarding area is entirely within the same building as the clinic or hospital and does
not exceed fifty percent (50%) of the total floor area; and,
2.
The boarding area is either completely soundproofed or is no closer than three hundred
feet (300) to any contiguous parcel of property. No on-site incineration shall be
permitted.
Pet shops within enclosed buildings not exceeding one thousand five hundred (1,500) square feet
for the display and sale of household pets and other small animals, under one hundred (100)
pounds, provided that:
1.
The pet shop is either completely soundproofed or is no closer than three hundred feet
(300) to any contiguous parcel of residential property zoned or used for residential
purposes.
2.
R.
S.
Min Lot
Size in Sq. Min Area per
dwelling unit
Ft.
Min Lot
Width
and
Depth
Rear
Interior
Exterior
Max Building
Height
Stories / feet
Max Lot
Coverage
Percent
7,500
1,000
75
20
25
10
50
50
7,500
2,000
75
20
25
10
40
50
7,500
3,000
75
20
25
10
30
50
7,500
4,000
75
20
25
10
30
50
7,500
5,000
75
20
25
10
30
50
Page 48
All principal and accessory uses permitted in any more restrictive Zoning District (except
dwelling units and manufactured home courts) and providing further that unless specifically
provided to the contrary the following are waived:
1.
2.
3.
4.
B.
C.
D.
Custom warehouses within closed buildings and not including animals, limited to fifteen
thousand (15,000) square feet of floor area.
E.
Craft shops and work, storage and equipment yards in connection therewith, limited to fifteen
thousand (15,000) square feet of floor area.
F.
Cemeteries for human or animal internment. Subject to Administrative Review with Comment
Period.
G.
H.
Small animal hospitals for diagnosis, treatment or boarding, limited to five thousand (5,000)
square feet of floor area entirely within a closed building. Outdoor runs, pens and cages and/or
larger buildings, no less than one hundred feet (100) from any Residential District for such
outdoor use, with special consideration to the neighborhood reaction to the administrative
review application, type and number of day and night animal guests, whether to restrict to
diagnosis and treatment or to permit boarding, the extent of outdoor activity; total lot and use
area, and limitations on permit duration. Subject to Administrative Review with Comment
Period.
I.
Transportation terminal and transfer facilities within closed buildings, limited to fifteen
thousand (15,000) square feet of floor area.
J.
Cleaning and dyeing plants within closed buildings, limited to fifteen thousand (15,000) square
feet of floor area.
K.
Page 49
L.
Commercial ballrooms, arenas, gymnasiums, rinks, pools and indoor shooting galleries.
M.
N.
Bottling plants confined to closed buildings, limited to fifteen thousand (15,000) square feet of
floor area.
O.
P.
Min Lot
Size in Sq. Min Area per
dwelling unit
Ft.
Min Lot
Width
and
Depth
Rear
Interior
Exterior
Max Building
Height
Stories / feet
Max Lot
Coverage
Percent
7,500
1,000
75
20
25
10
50
50
7,500
2,000
75
20
25
10
40
50
7,500
3,000
75
20
25
10
30
50
7,500
4,000
75
20
25
10
30
50
7,500
5,000
75
20
25
10
30
50
Page 50
All principal and accessory uses permitted in any more restrictive District, except those
prohibited under these District Stipulations.
B.
C.
Warehouses.
D.
E.
In-plant restaurants as an appurtenant use, and including roof or landscaped patio dining
facilities.
F.
Lot Area and Dimensions: No lot shall be established smaller than a one hundred foot (100) width,
three hundred foot (300) depth and seventy thousand (70,000) square foot area, nor to exceed a depth
of six hundred fifty feet (650) unless it can be shown that a greater depth will not block projected
streets or alleys.
Yards Required: Fifty feet (50) adjacent to any street or alley; fifty feet (50) adjacent to any
Residential Zoned lot and twenty-five feet (25) adjacent to any other lot.
Building Heights: Maximum thirty feet (30) plus one foot (1) additional for each ten feet (10) of
setback beyond all required yards.
Building Density: The total area of all buildings shall not exceed thirty percent (30%) of the total area
of the lot.
Building Spacing: No building shall be closer to any other building than thirty feet (30).
Page 51
All principal and accessory uses permitted in any more restrictive Zoning District, except
dwelling units, manufactured home courts, hotels, motels, rooming and boarding houses and
similar, and provided further that unless specifically provided to the contrary, the following are
waived:
1.
Requirements for Use Permits, except for lots contiguous to Residential Districts.
2.
3.
4.
5.
B.
Dispensing of gasoline and similar petroleum products from exposed storage tanks (subject to
requirements of Underwriters Laboratories Inc. or similar), provided no such tank shall be
located closer than twenty-five feet (25) to the lot boundaries.
C.
D.
Page 52
All principal and accessory uses permitted in any more restrictive Zoning District, except
dwelling units, manufactured home courts, hotels, motels, rooming and boarding houses
and similar, and provided further that, unless specifically provided to the contrary, the
following are waived:
1.
2.
3.
4.
5.
B.
All other legal uses except as may pollute the air or streams, or present latent radiation,
explosion, or fire danger (except as may be permitted under a Use Permit in a modified
manner).
C.
Page 53
To provide for various types and combinations of land uses (such as commercial
centers, single and multi-family housing, golf course developments, industrial
complexes, and public spaces) through the adoption of a development plan.
2.
3.
To encourage and permit unified planning to achieve a compatible mixture and variety
of land uses within the PAD District and with the existing and anticipated development
in the surrounding area.
4.
5.
PAD Districts may be established where tracts suitable in location, area, and character for the
uses and structures proposed will be planned and developed on a unified basis. Suitability of
tracts for the development proposed shall be determined with reference to the General Plan and
to the existing and prospective character of surrounding development.
B.
Scope:
1.
2.
The PAD District is intended to be overlaid onto any combination of the specified
Zoning Districts included within the County Planning and Zoning Ordinance, and the
PAD designation shall control the land use regulations otherwise permitted within the
Districts, as set forth herein. The permitted uses allowed, the yard, height, and area
requirements, and other requirements within the District shall be those permitted or
required within the appropriate Zoning District with which the PAD District is
combined, except where modified. For example, if the PAD allows for multiple family
dwellings then yards, fences, storage, etc. shall follow the regulations of the applicable
Zoning District, which is R2. Where there are conflicts between special PAD
regulations and the general zoning or other regulations, these PAD regulations shall
apply in the PAD District unless the Commission shall find, in the particular case, at the
time of rezoning application, that these provisions do not serve the public to a degree at
least equivalent to such general zoning, or other regulations.
3.
Where actions, designs or solutions are not literally in accord with applicable PAD or
general regulations, but the Commission makes a finding in the particular case that the
public is served to an equivalent or greater degree, the Commission may recommend
specific modification of the regulations.
Page 54
C.
D.
Planned Area Development Defined: For the purpose of this Ordinance, a PAD shall:
1.
2.
Be developed according to comprehensive and detailed plans that include the locations
of streets, utilities, lots, building sites and other uses; also site plans and floor plans for
all buildings as intended to be located, constructed, used, and related to each other, and
detailed plans for other uses and improvements on the land as related to the buildings.
Uses Permitted:
1.
2.
3.
4.
Golf courses in accordance with performance standards as set out in Section 534.
5.
Manufactured home parks and subdivisions in accordance with the provisions of this
Ordinance and any additional requirements the Commission or Board may deem
necessary to fulfill the intent of these requirements.
6.
7.
Neighborhood retail uses and other non-residential uses limited to those enumerated in
the C1 and C2 Districts may be specifically and selectively authorized as to type and
size only when integrated by design as an essential element of the development, and
only in an area proposed to be appropriately zoned for said use and approved as
provided herein.
8.
Industrial uses when designed in accordance with the provisions of the PM District
requirements. (See Section 430)
9.
Accessory uses and structures; such uses and structures may be located in the front onehalf (1/2) of a lot, provided they are not nearer the front lot line than the main building
or buildings.
10.
11.
Signs when submitted as part of the development plan or when in accordance with the
provisions of Section 601.
In considering a proposed PAD, the Planning and Zoning Commission and/or Board of
Supervisors may approve modifications of these requirements. Justification for such
modification shall be supplied by the applicant in written form as part of the hearing
application procedure.
E.
General Provisions: General provisions standards, requirements and regulations are intended to
ensure compatibility. The Planning and Zoning Commission may recommend to the Board of
Supervisors modification of such regulations, requirements, and standards. The layout and
design shall be subject to the following limitations:
Page 55
1.
Maximum Lot Coverage: A combination of all of the proposed uses shall not exceed a
maximum building coverage of fifty percent (50%) of the total area, except in the case
of a PAD located within or abutting another Zoning District which allows a greater
coverage, then the greater coverage allowances may apply.
2.
Open Space:
3.
4.
F.
a.
A minimum of twenty-five percent (25%) of the total gross site area, that is
intended to provide light and air, and is designated and designed for resource
protection, buffers, drainage ways, environmental, scenic, or recreational
purposes. Common open space lands shall be clearly designated on the plan to
include the character of use and development, and may be public or private or
some combination of both, and shall not include private residences/structures,
required yards, driveways, parking lots, streets, alleys, public rights-of-way or
other surfaces intended or designed for vehicles. Decorative lakes (including
those that contain treated effluent) may be included in the calculation for open
space.
b.
Zero lot line setbacks may be allowed under the following circumstances:
a.
The lot adjacent to the zero-setback side yard must be under the same ownership
at the time of initial construction (ensuring that a developer does not infringe on
the property rights of owners of adjacent tracts).
b.
The setback on the adjacent lot must be either zero feet or greater than ten feet
(10').
c.
The opposite side yard of not less than ten feet (10') must be kept perpetually
free of permanent obstructions (such as a storage shed or a fence without a
gate).
d.
Similar zero lot line exceptions can be made for the rear yard, but not for both
the side and rear yards of the same lot.
e.
A five foot (5') maintenance easement along the boundary of the zero lot line
must be identified on the site plan.
Non-motorized trails shall be considered and may be incorporated into the design of
vehicular and pedestrian traffic ways where possible, and connect to off-site nonmotorized trails.
Other Requirements: The Planning and Zoning Commission and/or Board of Supervisors shall
insure that the public welfare and safety is preserved, and that provision is made for
harmonious and appropriate development of the land by requiring as needed:
Page 56
G.
1.
Declaration of public use space for parks, schools, recreation areas, etc.
2.
3.
4.
5.
6.
7.
8.
Amendments: The following procedures shall be followed for any amendment to a PAD
including amendments to the Development Phasing Schedule.
1.
Major Amendments:
a.
A PAD District applicant or his successors in interest may file a request for a
major amendment with the Development Services Department.
b.
The change will be deemed major if it involves any one (1) of the following:
c.
2.
(1)
(2)
(3)
Any change which could have significant impact on areas adjoining the
PAD as determined by the Development Services Director.
(4)
The Development Services Department will bring the major amendment before
the Planning and Zoning Commission and Board of Supervisors and will submit
background material relevant to the request.
Minor Amendments:
a.
A PAD District applicant or his successors in interest may file a request for a
minor amendment with the Development Services Department if the
Development Services Director determines that the request is not major, as
defined above.
b.
The request will be routed for comment to any affected County departments or
other agencies for comment.
c.
Upon receipt of comments or no later than ten (10) working days, the
Development Services Director will determine whether to approve or deny the
requested change.
Page 57
d.
3.
H.
2.
3.
I.
The owner or owners having title to all of the property in the area proposed for
the PAD, or
b.
c.
In establishing a PAD, a master plan of the entire area to be developed shall be required
as part of the rezoning application. In addition to the requirements of a Zoning Map
Change, the submittal requirements of the master plan shall conform to the submittal
requirements of a Sketch Plan as delineated in the Subdivision Regulations for Yavapai
County.
a.
b.
c.
An approved site plan shall be binding upon applicants and their successors or
assignees. No building permit shall be issued for any building, structures or use,
not in accordance with the site plan, except that temporary construction facilities
shall be permitted.
A site plan depicting the existing conditions of the PAD and proposed
amendment.
b.
c.
d.
Enforceability:
1.
The PAD Program shall continue to be implemented and maintained for the total
acreage of the PAD District, even though ownership may subsequently be transferred in
whole or in part.
Page 58
2.
a.
b.
c.
Application for approval of the first development unit shall be made, and development
shall commence, within four (4) years of the date upon which the PAD District
amendment was approved. Applications for approval of subsequent units shall be made
in accordance with the development-phasing schedule contained in the PAD Program.
If a written request for additional time is received from the applicant/agent within thirty
(30) days of notification, providing justification why an extension may be warranted, a
one (1) year extension of time may be administratively approved by the Development
Services Director for the first extension.
If the applicant requests additional extensions of time beyond a one (1) year
administratively approved extension, staff shall notice a hearing to determine the cause
of the delay.
a.
The hearing shall be held within sixty (60) days of the date of the written notice,
and shall follow Board of Supervisors procedures for hearings.
b.
3.
Failure to commence development within the four (4) year time period shall cause the
PAD District classification to become null and void, and any property rezoned in
conformance with the PAD District amendment and the PAD Program to revert to its
former zoning classification by action of the Board of Supervisors.
4.
At such time that the Development Services Director shall determine that the applicant
is not proceeding to develop in accordance with the PAD Program, it shall notify the
applicant in writing of such deficiency and shall, simultaneously, notice a hearing to
determine the cause of the delay.
a.
The hearing shall be held within thirty (30) days of the date of the written
notice, and shall follow Board of Supervisors procedures for hearings.
b.
The Board of Supervisors may determine good cause for such deficiency and
may, in conjunction therewith, entertain an application to amend the
development-phasing schedule.
c.
The Board of Supervisors may determine that there is not good cause for such
deficiency, and in such event may impose additional restrictions on the
applicant to ensure future compliance with the PAD Program including, but not
limited to, the filing of such periodic reports as the Board shall require to
enforce this provision.
Page 59
J.
At such time that the Board of Supervisors shall determine that the current owner of any
portion of the PAD District is not in compliance with a provision of the PAD Program or the
public dedication or improvement schedules no further vesting of zoning or approval of final
site plan or subdivision plats shall occur for that portion. Such determination of
noncompliance shall be at a public hearing. The applicant and current owner(s) shall receive
written notice of hearing.
Page 60
Purpose: The purpose of the Open Space and Sustainable Development Option is to provide an
alternative, voluntary method of land division that encourages sustainable development and the
preservation of open space through flexible lot sizes and locations of single-family residential
dwellings.
B.
Intent
C.
1.
2.
3.
Provide an alternative to the creation of parcel splits (Lot Splits) that are exempt from
County Subdivision Regulations and an alternative to conventional subdivisions in an
effort to retain the Countys rural character.
4.
Employ development standards and guidelines that equitably balance conservation and
development objectives.
5.
6.
Encourage sustainable building and development practices through the use of density
incentives.
General Requirements
1.
The property shall be developed in accordance with the requirements herein and the
Yavapai County Subdivision Regulations. The platted area shall include the developed
residential lots and the associated open space areas to be preserved.
2.
The Open Space and Sustainable Development Option shall only be allowed in the R1L,
RMM, R1 and RCU zoning districts, where no rezoning is requested.
3.
Density: The maximum density shall not exceed and shall be determined by the
following:
a.
For any portion of land containing slopes below thirty-five percent (35%), the
maximum density is determined by dividing the gross area of the tract of land
below the thirty-five percent (35%) slope line by the minimum lot size specified
in the underlying zoning district(s).
b.
For any portion of land containing slopes between thirty-five percent (35%) and
fifty percent (50%), the maximum density is .75 of the density determined by
dividing the gross area of the tract of land between the thirty-five percent (35%)
and fifty percent (50%) slope lines by the minimum lot size specified in the
underlying zoning district(s).
c.
For any portion of land containing slopes between fifty percent (50%) and
seventy-five percent (75%), the maximum density is .50 of the density
determined by dividing the gross area of the tract of land between the fifty
Page 61
percent (50%) and seventy-five percent (75%) slope lines by the minimum lot
size specified in the underlying zoning district(s).
d.
For any portion of land containing slopes above seventy-five percent (75%), the
maximum density is determined as .25 of the density determined by dividing the
gross area of the tract of land above the seventy-five percent (75%) slope line by
the minimum lot size specified in the underlying zoning district(s).
e.
f.
g.
4.
Minimum Lot Size: The minimum lot area, minimum lot width and minimum lot depth
established by the underlying zoning district(s) shall not be applicable. Buildable areas
are encouraged to be varied and shall be approved by the County based on the
suitability of the proposed lot sizes with surrounding land uses to ensure compatibility.
5.
6.
7.
a.
b.
Historic buildings and archeological sites listed on the National Register, at the
State Historic Preservation Office or in local studies shall be preserved and
protected. A Level 1 survey shall be completed to identify previously
unmapped historic buildings and archeological sites. Historic buildings and
archeological sites identified by the Level 1 survey shall be preserved and
protected.
Any driveway cut greater than eight feet (8) in depth shall not have a length
greater than one hundred feet (100); and the maximum height of any cut or fill
used to establish a driveway shall not exceed fifteen feet (15). Height and
measurements of Cut and Fill is determined pursuant to Yavapai County
Ordinance #2004-10 (Yavapai County Grading Ordinance, 2003 Edition,
Appendix 33 of the 1997 Editions Uniform Building Code.)
Page 62
8.
D.
b.
The maximum height of any cut or fill used to establish a building site shall not
exceed fifteen feet (15). The maximum height of any cut or fill used to
establish a road shall not exceed thirty feet (30). All building sites, driveways
and roadway cut and fill slopes shall be re-vegetated with native plant material.
The fill areas resulting from driveways, roadways and building sites shall be
minimized through the use of retaining walls.
c.
Alternative cut and fill limitations and methods to mitigate the visual impact of
cut and fill slopes such as terracing, use of retaining walls and re-vegetation of
disturbed areas may be submitted and approved by the Development Services
Director or designee based on a finding that the proposed alternative limitations
and methods meet the intent of this Section to reduce the visual impact of cut
and fill slopes.
Maximum Project Size: The Open Space and Sustainable Development Option shall
not be utilized for parcels in excess of six hundred forty (640) acres in size. The parcel
size shall include the developed residential area and the associated open space area.
Density Incentives, Conservation Features and Design Elements: The intent of this subsection
is to permit density incentives at the sole discretion of the County based on inclusion of the
below listed conservation features and design elements. The density incentives listed below
shall not be an assumed right and shall only be permitted at the sole discretion of the County
based on a finding that the proposed conservation features and design elements are provided at
a level and in a manner consistent with the intent and purpose of this Section and advance the
Countys interests in promoting sustainable and environmentally compatible development.
1.
The maximum density established by Section 441.C.3 may be increased to a value equal
to the maximum density multiplied by a factor of 1.5 when nine (9) out of the
following twelve (12) County conservation and sustainable design elements are
incorporated within the development.
2.
b.
c.
d.
Street designs and traffic calming measures throughout the entire development
which promote pedestrian safety.
e.
f.
g.
Open space accessibility to the public and interconnected open space corridors.
h.
Active recreational facilities such as trails, ball fields, tennis courts, picnic
ramadas and outdoor riding arenas.
Page 63
i.
Other innovative sustainable development practice within the intent and purpose
of this Section, as determined by the Development Services Director.
3.
j.
Rainwater harvesting facilities that capture a majority of rainwater for all homes
including but not limited to roof drain plumbing, rain barrels and site grading.
k.
l.
The maximum density established by Section 441.C.3 may be increased to a value equal
to the maximum density multiplied by a factor of 2.0 when nine (9) out of the twelve
(12) conservation and sustainable design elements required by Section 441.D.1 and nine
(9) out of the following twelve (12) conservation and sustainable design elements are
incorporated within the development.
Land Development Items:
a.
b.
c.
d.
e.
Orientation of eighty percent (80%) of lots to optimize solar and reduce heat
gain (general north/south orientation).
f.
Impermeable surfaces designed to direct all on-site storm water run-off toward
an appropriate permanent infiltration feature such as a vegetated swale, on-site
rain garden or rainwater cistern.
g.
h.
Retention of all on-site water from interior roads from storm events up to and
including the One Hundred (100) Year Two (2) Hour Storm Event and creative
uses of retention such as water harvesting and cisterns for landscape watering.
i.
j.
All painted surfaces shall not exceed a Light Reflective Value (LRV) of forty
(40).
k.
Other innovative sustainable development practice within the intent and purpose
of this Section, as determined by the Development Services Director.
For projects choosing to incorporate any of the individual lot items listed in Section
441.D.1 and Section 441.D.2, a covenant shall be recorded applicable to each lot within
the project with the intent of informing future lot owners of the additional construction
Page 64
requirements of this Section. The developer shall also be required to provide notice
regarding the specific additional construction requirements in a manner that will
sufficiently notice the potential buyer such as inclusion in the public report, written
information made available at the site and post and maintain a minimum four foot by
eight foot (4x 8) sign at a height of eight feet (8) at all primary entrances to the
development, providing notice regarding the specific additional construction
requirements. Such sign(s) shall be maintained while lots are for sale by the developer.
Additional methods of noticing future property owners within the intent of this Section
may be required by the Development Services Department.
5.
E.
F.
G.
In instances where the requirements of this Section conflict with State law establishing
the minimum lot size based on the proposed water and wastewater systems for
individual lots, the provisions of State law shall prevail.
Permitted Uses:
1.
Primary and Accessory Uses of the underlying zoning district(s) as described in the
County Planning and Zoning Ordinance.
2.
Open Space.
Open Space:
1.
The minimum amount of open space shall comprise at least forty percent (40%) of the
gross tract area. The minimum forty percent (40%) open space requirement shall
include all portions of the subject property above the elevation of the thirty-five percent
(35%) slope line, up to an amount equal to two-thirds (2/3) of the forty percent (40%)
minimum open space requirement.
2.
Open Space shall be defined as provided in Section 440 of the Zoning Ordinance.
3.
To the greatest degree practicable, open space shall be designated as a contiguous tract
and not divided into unconnected, small parcels located in various parts of the
development.
4.
Open space shall be directly accessible to the largest practicable number of lots within
the subdivision. Non-adjacent lots shall be provided with safe, convenient access to the
open space.
5.
Whether private or public, it shall be the responsibility of the developer to ensure that
the open space is protected in perpetuity by legal arrangements sufficient to assure its
maintenance and preservation for whatever purpose it is intended. Covenants or other
legal arrangements shall specify ownership of the open space, method of maintenance,
maintenance taxes and insurance, compulsory membership and assessment provisions,
and any other specifications deemed necessary by the County.
Performance Standards: The Open Space and Sustainable Development Option is available
provided the following standards are met. Applicant shall comply with all other applicable
provisions of the Zoning Ordinance and all other applicable laws, except those that are
incompatible with the provisions contained herein.
1.
Lot Groupings: Lot or cluster groupings shall be separated by open space to provide
spatial definition between groupings.
Page 65
2.
H.
Buffers:
a.
b.
c.
Processing:
1.
Five (5) or fewer parcels: Minor Land Division as defined in Section 546.C. of this
Ordinance, except that the below requirements of Section 441.H.3 through Section
441.H.10 shall govern the submittal, review, notice and hearing requirements for the
Open Space and Sustainable Development Option for the Minor Land Division.
2.
3.
4.
5.
Citizen Participation Plan: All applications for the Open Space and Sustainable
Development Option shall comply with the provisions of Section 209 Citizen
Participation.
6.
Review: The Development Services Department shall review the proposed Open Space
and Sustainable Development Option application in accordance with this Section and
other applicable requirements.
7.
Findings: The review of the Development Services Department shall be based on the
following findings:
a.
Individual lots, streets and parking areas are designed and situated to minimize
alteration of the natural features of the site.
b.
Allocation and preservation of natural open space areas that protect natural
characteristics of the property including topographical features, environmentally
sensitive lands, wildlife corridors, vegetation, cultural resources and wash
corridors.
c.
d.
Sites, structures and landmarks having a potential for historic preservation have
been identified and integrated into the development plan for preservation.
e.
Individual lots, buildings and other structures are compatible with surrounding
properties.
f.
g.
h.
The Open Space and Sustainable Development Option advances the purpose of
this Ordinance as stated in Section 441.A. above.
8.
The Development Services Department may approve, approve with conditions or deny
the application for the Open Space and Sustainable Development Option. If the
Development Services Department denies the application, the denial shall be in writing
and shall identify the deficiencies of the proposed plan in relation to the required
findings identified in Section 441.H.7.
9.
10.
Appeals. The Planning and Zoning Commission shall hear and make recommendation
on appeals of a decision to approve or deny the Open Space and Sustainable
Development Option. Such appeal may be filed by the applicant or any notified
property owner pursuant to Section 441.H.9 within thirty (30) calendar days of the
Notice of Decision. In order to constitute a formal appeal and have the case heard by
the Planning and Zoning Commission and decided by the Board of Supervisors, the
applicant or twenty percent (20%) by number of the notified property owners pursuant
to Section 441.H.9 must file an appeal within thirty (30) calendar days of the Notice of
Decision. The request shall include the reasons for the appeal and be filed in writing. If
a formal appeal is not filed within thirty (30) calendar days of the Notice of Decision,
the decision of the Development Services Department shall be final. The Planning and
Zoning Commission shall hear all evidence and testimony from staff, the applicant and
the public in regard to the appeal.
11.
Board of Supervisors: The Board of Supervisors shall provide final decision on all
appeals. The Board shall hear all evidence and testimony from staff, the applicant and
the public in regard to the appeal. The Board may uphold, modify or overturn the
Commission recommendation.
12.
Waivers: In order to ensure that the strict application of conservation and sustainable
design requirements provided for under Section 440 and 441 do not unduly inhibit
reasonable development, this Section provides waiver procedures in which staff, the
Commission or the Board may grant relief.
a.
shall provide the County staff with a written request with justification for such
modification.
b.
Upon receipt of a request for a waiver made concurrent with the filing of the
application, County staff shall investigate and analyze the request.
c.
The notice requirements of Section 441.H.9 shall apply to all waiver requests.
d.
e.
Any approval action of a waiver shall be based upon the findings noted in
Section 441.H.6 as noted above and the following:
f.
(1)
(2)
(3)
That the granting of this waiver will not be detrimental to the public
health, safety and general welfare or be injurious to other property in the
area in which said property is situated. This procedure does not apply to
waivers of the Subdivision Regulations. Any waiver of the Subdivision
Regulations must follow the procedure for waivers pursuant to Section 2
(Administration) (Waivers) of the Subdivision Regulations.
Page 68
Purpose: The purpose of the Cluster and Open Space Option is to provide an alternative,
voluntary method of land division that encourages sustainable development and the
preservation of open space through flexible lot sizes and locations of single-family residential
dwellings.
B.
Intent
C.
1.
2.
3.
Provide an alternative to the creation of parcel splits (Lot Splits) that are exempt from
County Subdivision Regulations and an alternative to conventional subdivisions in an
effort to retain the Countys rural character.
4.
Employ development standards and guidelines that equitably balance conservation and
development objectives.
5.
General Requirements
1.
The property shall be developed in accordance with the requirements herein and the
Yavapai County Subdivision Regulations. The platted area shall include the developed
residential lots and the associated open space areas to be preserved.
2.
The Cluster and Open Space Option shall only be allowed in the R1L, RMM, R1 and
RCU zoning districts, where no rezoning is requested.
3.
Density:
The maximum density shall not exceed that of the underlying zoning
district(s). The maximum number of lots is determined by dividing the gross area of the
tract of land by the minimum lot size specified in the underlying zoning.
4.
Minimum Lot Size: The minimum lot area, minimum lot width and minimum lot depth
established by the underlying zoning district(s) shall not be applicable. Buildable areas
are encouraged to be varied and shall be approved by the County based on the
suitability of the proposed lot sizes with surrounding land uses to ensure compatibility
and to ensure compliance with applicable State law establishing the minimum lot size
based on the proposed water and wastewater systems for individual lots.
5.
Page 69
D.
E.
F.
6.
Maximum Project Size: The Cluster and Open Space Option shall not be utilized for
parcels in excess of six hundred forty (640) acres in size. The parcel size shall include
the developed residential area and the associated open space area.
7.
Maximum Hillside Characteristics: The Cluster and Open Space Option shall only be
available for properties with less than fifty percent (50%) of the total project land area
above the fifty percent (50%) slope category.
8.
Permitted Uses:
1.
Primary and Accessory Uses of the underlying zoning district(s) as described in the
County Planning and Zoning Ordinance.
2.
Open Space.
Open Space:
1.
The minimum amount of open space shall comprise at least forty percent (40%) of the
gross tract area.
2.
Open Space shall be defined as provided in Section 440 of the Zoning Ordinance.
3.
To the greatest degree practicable, open space shall be designated as a contiguous tract
and not divided into unconnected, small parcels located in various parts of the
development.
4.
Open space shall be directly accessible to the largest practicable number of lots within
the subdivision. Non-adjacent lots shall be provided with safe, convenient access to the
open space.
5.
Whether private or public, it shall be the responsibility of the developer to ensure that
the open space is protected in perpetuity by legal arrangements, sufficient to assure its
maintenance and preservation for whatever purpose it is intended. Covenants or other
legal arrangements shall specify ownership of the open space, method of maintenance;
maintenance taxes and insurance; compulsory membership and assessment provisions
and any other specifications deemed necessary by the County.
Performance Standards: The Cluster and Open Space Option is available provided the
following standards are met. Applicant shall comply with all other applicable provisions of the
Zoning Ordinance and all other applicable laws, except those that are incompatible with the
provisions contained herein.
1.
Lot Groupings: Lot or cluster groupings shall be separated by open space to provide
spatial definition between groupings.
2.
Buffers:
a.
b.
c.
Page 70
G.
Processing:
1.
Five (5) or fewer parcels: Minor Land Division as defined in Section 546.C. of this
Ordinance, except that the below requirements of Section 442.G.3 through Section
442.G.12 shall govern the submittal, review, notice and hearing requirements for the
Minor Land Division.
2.
3.
4.
5.
Citizen Participation Plan: All applications for the Cluster and Open Space Option shall
comply with the provisions of Section 209 Citizen Participation.
6.
Review: The Development Services Department shall review the proposed Cluster and
Open Space Option application in accordance with this Section and other applicable
requirements.
7.
Findings: The review of the Development Services Department shall be based on the
following findings:
a.
Individual lots, streets and parking areas are designed and situated to minimize
alteration of the natural features of the site.
b.
Allocation and preservation of natural open space areas that protect natural
characteristics of the property including topographical features, environmentally
sensitive lands, wildlife corridors, vegetation, cultural resources and wash
corridors.
c.
d.
Sites, structures and landmarks having a potential for historic preservation have
been identified and integrated into the development plan for preservation.
e.
Individual lots, buildings and other structures are compatible with surrounding
properties.
f.
g.
The Cluster and Open Space Option advances the purpose of this Ordinance as
stated in Section 442.A. above.
Page 71
8.
The Development Services Department may approve, approve with conditions or deny
the application for the Cluster and Open Space Option. If the Development Services
Department denies the application, the denial shall be in writing and shall identify the
deficiencies of the proposed plan in relation to the required findings identified in
Section 442.G.7.
9.
10.
Appeals. The Planning and Zoning Commission shall hear and make recommendation
on appeals of a decision to approve or deny the Cluster and Open Space Option. Such
appeal may be filed by the applicant or any notified property owner pursuant to Section
442.G.9 within thirty (30) calendar days of the Notice of Decision. In order to
constitute a formal appeal and have the case heard by the Planning and Zoning
Commission and decided by the Board of Supervisors, the applicant or twenty percent
(20%) by number of the notified property owners pursuant to Section 442.G.9 must file
an appeal within thirty (30) calendar days of the Notice of Decision. The request shall
include the reasons for the appeal and be filed in writing. If a formal appeal is not filed
within thirty (30) calendar days of the Notice of Decision, the decision of the
Development Services Department shall be final. The Planning and Zoning
Commission shall hear all evidence and testimony from staff, the applicant and the
public in regard to the appeal.
11.
Board of Supervisors: The Board of Supervisors shall provide final decision on all
appeals. The Board shall hear all evidence and testimony from staff, the applicant and
the public in regard to the appeal. The Board may uphold, modify or overturn the
Commission recommendation.
12.
Waivers: In order to ensure that the strict application of Section 440 and 442 do not
unduly inhibit reasonable development, this Section provides waiver procedures in
which staff, the Commission or the Board may grant relief.
a.
When an Cluster and Open Space Option application proposes to deviate from
the requirements in Section 442 of this Ordinance, the applicant shall provide
the County staff with a written request with justification for such modification.
b.
Upon receipt of a request for a waiver made concurrent with the filing of the
application, County staff shall investigate and analyze the request.
c.
The notice requirements of Section 442.G.9 shall apply to all waiver requests.
d.
e.
Any approval action of a waiver shall be based upon the findings noted in
Section 442. G.7 as noted above and the following:
(1)
Page 72
f.
(2)
(3)
That the granting of this waiver will not be detrimental to the public
health, safety and general welfare or be injurious to other property in the
area in which said property is situated. This procedure does not apply to
waivers of the Subdivision Regulations. Any waiver of the Subdivision
Regulations must follow the procedure for waivers pursuant to Section 2
(Administration) (Waivers) of the Subdivision Regulations.
Page 73
B.
Up to ten percent (10%) of all allowable units may be recreational vehicles spaces.
C.
Meeting, dining and other structures and services required to provide for residents of the
camping programs.
D.
One hundred percent (100%) expansion of the number of bed units allowed under an existing
non-conforming use within original camp boundary.
(2)
Where dwelling units are combined with non-residential uses or structures on a conforming lot,
then each eight hundred (800) square feet, or fraction thereof, of area occupied by such shall be
deducted from the total Density Formula area in determining the number of units allowed.
(3)
Existing camps may be exempted from the requirements of this Ordinance, except in the
expansion of said camps, thereby areas of expansion shall be in conformance with the
requirements of this Ordinance.
(4)
Cumulative expansion of fifty percent (50%) or more shall result in the full compliance, except
existing buildings, of the existing camp with the terms of this Ordinance. Such expansion shall
be within original camp boundaries.
Page 74
B.
C.
Historical landmarks.
D.
E.
F.
Public Utility installation and facilities on one (1) acre or less following Administrative
Review with Comment Period.
G.
Change of Use: Any change in the status of use shall be approved by the Planning and Zoning
Commission.
H.
Golf courses including such accessory uses as are directly related to the operation of a golf
course may be permitted such as pro shops, shelters, rest rooms, etc., (but not commercial
driving ranges or miniature putting courses) and with a proposed development plan in
conjunction with a residential or mixed use Planned Area Development (PAD) and meeting the
performance standards as set out in Section 534 (General Provisions - Golf Course Standards).
Yard Requirements: Building height and building density shall be in accordance with the provisions of
the Density District.
Two (2) signs, each sign not to exceed six (6) square feet of panel area, may be permitted. Signs may
utilize indirect illumination.
Page 75
INTRODUCTION:
The following Section shall be known and cited as the Yavapai County Overlay Zone
Ordinance, and shall be incorporated by reference into the Zoning Ordinance of the County of
Yavapai, providing the enabling Ordinance for the creation of zones which are to be "overlaid"
or superimposed on the General Provisions and the Use Districts for the purposes specified
herein
B.
2.
To ensure that the design and construction of all developments and structures
within the DRO zone support or enhance the community character or value of
the area within the zone.
b.
To ensure that all structures and developments within the DRO zone conform
with the aesthetic character of their surroundings by properly relating to their
site or sites.
c.
To ensure that the design and development of all structures, projects, roads,
plantings, drainage ways, and service facilities within the DRO zone protect and
enhance the environmental qualities such as air, water, natural vegetation,
scenic-vistas, and topography.
d.
To ensure the proper provision for design for proposed open spaces, parking
areas, landscaping, signing and screening of non-compatible uses.
e.
f.
Scope:
a.
A DRO zone may be created to apply to the design and construction of any
structure within the geographic boundaries of the zone, which requires a
building permit (including sign permit) within the scope and jurisdiction of the
Yavapai County Planning and Zoning Ordinance. A DRO zone may also be
created to apply to the design and development of non-structural features which
do not in and of themselves require a building permit, but which pertain to the
purposes of the DRO zone and the Planning and Zoning Ordinance.
Page 76
3.
b.
A DRO zone may be created to apply to any or all Use Districts within its zone
and to any or all uses within the Use District including, but not limited to the
following: single-family residential, multi-family residential, recreational,
commercial, industrial, and semi-public uses.
c.
d.
The content of the design guidelines and requirements (along with other
particulars herein described) shall be determined by the owners' of private
property within the area proposed for a DRO zone.
e.
A DRO zone shall include private properties owned by a minimum of three (3)
separate owners of record of three (3) separate properties and shall have a
minimum size of fifty (50) contiguous acres or shall contain a minimum of fifty
(50) legal lots or parcels.
f.
The geographic area of a DRO zone shall fall entirely within the unincorporated
area of Yavapai County and shall constitute one (1) contiguous area.
g.
A DRO zone shall not geographically overlap any other DRO zone, nor shall
there be permitted any "islands" of non-DRO area completely surrounded by a
DRO zone. However, a DRO zone may be surrounded by a subsequent DRO
zone.
h.
Public land may be included in the area of a DRO zone, however, the DRO
provisions shall not apply to the design, construction, or development of
publicly owned and operated facilities. Public agencies are encouraged to
voluntarily comply with the guidelines of the DRO zone within which they are
developing. Whenever public land is included in the geographic area of a DRO
zone, signatures representing public land shall not be counted nor shall the
acreage of the public land be included in any calculations of required area.
However, wherever public land is included in a DRO zone, and such public land
forms the perimeter of the DRO zone, the private land outside the DRO zone
within three hundred feet (300) of the perimeter shall be included for purposes
of the "external petitions" required in Subsection 4.e. Whenever public land
included in a DRO zone is used for private purposes and/or whenever such land
comes into private ownership, the guidelines and requirements of the DRO zone
shall become applicable.
Nomination Process:
a.
Nomination: Any group of three (3) or more separate owners of record of three
(3) separate properties within Yavapai County may delineate an area containing
their properties (and perhaps others) and nominate that area for a possible DRO
zone. Nomination of a DRO zone shall be by letter to the Planning and Zoning
Commission describing the geographic extent and proposed content of the DRO
zone, together with signatures of supporting property owners as well as any
local community groups wishing to express support of the DRO zone.
Page 77
4.
b.
c.
Public Discussion: The members of the Planning and Zoning Commission from
the Supervisory District containing the DRO zone shall form a hearing
committee and hold a public hearing within (or as near as practicable to) the
proposed DRO zone area after due public notice, publication, and posting within
the area. The minimum hearing fee shall be paid by the nominating group for
the application for public discussion.
d.
Application Process:
a.
Preparation: The nominating group shall prepare a full DRO zone application
meeting the content requirements below. Upon completion, the nominating
group shall submit the application to the Development Services Department for
an advisory review of content and completeness.
b.
5.
c.
Owners of Record: The nominating group shall prepare and submit a certified
list of the names, addresses, Assessor's parcel numbers, and acreage of parcels
of every owner of record of every parcel (as of the date of recording of the draft
DRO zone) within the proposed DRO zone. The nominating group shall pay
the cost (if any) of copying and/or computer services necessary to produce and
certify such list.
d.
Support Petitions from within the DRO zone: Within twelve (12) months of the
date of recording of the filed application, the nominating group shall obtain and
submit to the Development Services Department the signatures, indicating
support, of fifty-seven percent (57%) by area and by number of the owners of
record of properties within the defined DRO zone, on a petition which specifies
the geographic area and the content of the DRO zone together with a citation of
the recording of the full formal application.
e.
The nominating group shall also prepare and submit a certified list of the names,
addresses, and Assessors parcel numbers of every owner of record of every
parcel (as of the date or recording of the draft DRO zone) within three hundred
feet (300) of the perimeter of the proposed DRO zone. Properties within the
three hundred foot (300) perimeter which happen to fall within an incorporated
municipality or lie outside of Yavapai County, shall be included in the
requirements for the external owner list.
f.
Time Limit: Failure to obtain the required percentage of valid signatures for the
internal area of the DRO within twelve (12) months of the recording of the
application shall constitute a failure of the application. A notice of failure and
release of application shall be recorded in the Recorders Office making specific
reference to the master form recording data. New updated application together
with new petition signatures shall be required to proceed after a failed
application.
Application Content Requirements: The filed application shall include the following
minimum information:
a.
b.
c.
A letter from the Planning and Zoning Commission Staff attesting to the
completeness of the application.
d.
A cover letter generally describing the area, purpose and content of the DRO
zone signed by a representative of the nominating group.
e.
f.
The name, address and telephone number of one (1) or more persons willing to
serve as speakers and sources of public information concerning the DRO zone
nomination.
g.
h.
A citation of the portions of the Yavapai County General Plan and any area
plans which relate to the geographic scope of the proposed DRO zone.
Page 79
6.
i.
A citation of the zoning maps (by Assessor's parcel map system number) for all
areas covered by and within three hundred feet (300) of the perimeter of the
DRO zone.
j.
The proposed criteria for determining eligibility for serving on the Local DRO
Design Review Commission (DRO Commission), including but not limited to
residency in or proximity to the area of the DRO zone, and ownership, long
term lease, business operation, or other vested interest in or commitment to the
DRO zone.
k.
The proposed number and formula for composition of the DRO Commission.
l.
m.
n.
o.
p.
Certification: Upon receipt of the lists of owners of record and the petitions
containing the required signatures on both the internal approval and external
consent petitions together with such hearing fees as may be adopted, the
Development Services Department shall certify the validity of the signatures on
both petitions.
b.
Area Hearings: Upon certification of the petitions, the Planning and Zoning
Commission shall appoint a committee from among its' members to hold at least
one (1) public hearing within the area of the proposed DRO zone. The hearing
committee of the Planning and Zoning Commission shall report to the full
Planning and Zoning Commission its recommendation as to the readiness of the
DRO zone for full public hearings. The Planning and Zoning Commission may
move to direct the hearing committee to hold additional hearings in the area as
may be necessary to ensure adequate public information.
c.
d.
7.
b.
Recision: The recision of a DRO zone shall follow the same procedure and
requirements as any amendment, except as provided below for abandonment.
c.
(2)
(3)
(4)
(b)
8.
DRO Commission:
a.
Powers: The DRO (Local DRO Zone Review) Commission shall serve as an
advisory body to the Land Use Specialist and the Development Services
Department of Yavapai County regarding the issuance of a building permit
and/or the citation of a violation of the Planning and Zoning Ordinance as it
may relate to the standards of the DRO zone. A quorum of the DRO
Commission shall consist of the majority of the appointed members. Decisions
for recommendation by the Commission shall be by motion and public vote of
the majority of the quorum present. The DRO Commission may, by majority
vote, adopt an official complaint of a zoning violation regarding construction or
development within the DRO zone which is not consistent with the adopted
guidelines and/or application approvals granted by the DRO Commission. Such
official complaint shall be forwarded to the Development Services Department
Land Use Specialist.
b.
c.
Terms: Terms of appointment shall be for two (2) years, with the initial
appointments staggered, the majority being for two (2) years, and a minority
being for one (1) year. Re-appointment shall be at the discretion of the Board.
Replacements shall be appointed from the original list when possible together
with other qualified nominees from the area of the DRO zone who meet the
eligibility criteria specified by the DRO zone.
d.
e.
Meetings: The DRO Commission shall meet, as needed, within the area of the
DRO zone to review applications for construction and development against the
standards and guidelines adopted for the DRO zone. All meetings of the DRO
Commission shall be public with due notice, advertising, and posting, as
provided for the Boards of Adjustment and Appeals by the Planning and Zoning
Ordinance, Section 207E (Hearings and Rulings). Minutes of all meetings shall
be kept as public record.
f.
g.
(1)
(2)
Reporting: Within ten (10) working days of the public meeting at which a
review recommendation is adopted, the DRO Commission shall report to the
Development Services Department as to its disposition of an application for
review. Failure to report within ten (10) working days shall be construed by the
Page 82
i.
j.
9.
Fiscal Powers:
(1)
(2)
The DRO Commission may charge and collect a hearing application fee,
to be initially set by the adoption of the DRO zone and amended from
time to time by Resolution of the Board of Supervisors as may be
necessary to defray the costs of operation of the DRO Commission. The
DRO Commission shall upon request prepare and submit to the
Development Services Department a draft budget to cover its operation
for the coming budget period.
(3)
(2)
Implementation:
a.
A DRO zone shall be created and its guidelines and requirements shall become
effective thirty (30) days after its adoption as a zone by the Board of
Supervisors. The adopted DRO zone and its contents and geographic scope
shall be on file in the Development Services Department. Each DRO zone shall
be numbered and its geographic scope depicted on the official zoning maps of
Yavapai County in the Development Services Department.
b.
Upon adoption and after the effective date of a DRO zone, any person intending
to construct any structure within the jurisdiction of the Yavapai County
Page 83
Planning and Zoning Ordinance, before applying for a building permit from the
Development Services Department, shall first submit an application to the DRO
Commission, who shall schedule and hold a review in public hearing.
C.
c.
d.
10.
Appeals: Any applicant for a building permit who is refused a building permit on
grounds relating to the recommendation of the DRO Commission, or the DRO
Commission itself, or any affected party, including any owner of property within the
DRO zone may appeal the decision of the Land Use Specialist to the Board of
Adjustments. The appeal must be made within thirty (30) days of the issuance of the
building permit or its refusal, pursuant to Section 207 (Adjustment Board).
11.
Compliance: The failure to construct any structure within the DRO zone in a manner
consistent with the content of the building permit and the application as approved by the
DRO Commission shall constitute a violation of the Planning and Zoning Ordinance.
Citation of a violation of the DRO zone requirements and guidelines shall be initiated
by either the Land Use Specialist or by a signed complaint from the DRO Commission
adopted and forwarded to the Development Services Department Land Use Specialist.
12.
Authority: The Yavapai County Board of Supervisors hereby authorizes the creation
and administration of Design Review Overlay Zones adopted consistent with this
enabling Ordinance and the Yavapai County Planning and Zoning Ordinance of which
this is a part.
Page 84
ACCESSORY USES (including facilities and equipment) are permitted in conjunction with
any principal use, provided same is compatible and common to the district in which it is located
and does not alter the character of the premises; any reference to a permitted use shall be
deemed to include such accessory use.
B.
ACCESSORY BUILDINGS may be attached to or detached from the principal building, except
that no accessory building housing fowl or animals (other than domestic pets) may be attached
to any dwelling unit.
C.
D.
ANIMAL HUSBANDRY Activities or Projects, i.e., Future Farmers of America, 4-H, or any
agricultural or large livestock activity/project conducted primarily for educational purposes or
school credits, are permitted in any Zoning District. The following criteria shall be met:
1.
Active membership must be maintained and verification of such may be required upon
request.
2.
The keeping of all animals shall be subject to the regulations of the Yavapai County
Environmental Unit and the Health Department.
3.
A sign designating a 4-H member is in residence must be posted on the property at all
times any such project or activity is in progress.
Under the 4-H exemption, the setback requirements and number of animals allowed per acre do
not apply for animals utilized in 4-H projects, with the exception of equine and breeding
projects.
E.
Animal Type
Animals ALLOWED
CATEGORY B - Ostrich, Miniature Horse, Llama, Sheep, Goat, Emu or other of similar
size/weight
Off-spring up to one year of age of on-site animals do not count towards the total. After one year of age animal off-spring count as
adult animals. *Swine shall not exceed five (5) total per parcel.
engineer, registered in the State of Arizona, using acceptable trip generation guidelines and, at a
minimum, include circulation patterns, roadway improvements, traffic control measures, and driveway
openings. A Certificate of Compliance demonstrating completion of improvement(s), as may be
specified in the plan, must be issued prior to the use of the facility.
SECTION 504 ADMINISTRATIVE REVIEW WITH COMMENT PERIOD
Those uses subject to Administrative Review with Comment Period must go through the following
process. The applicant will submit a to-scale site plan illustrating the proposed use for review. The
administrative review would include review by all affected agencies such as but not necessarily limited
to Floodplain, Land Use, Environmental, Building Safety and the Fire District with jurisdiction.
Surrounding property owners of the subject property and affected community organizations shall be
notified by mail as provided in Section 209 (Citizen Participation) D.1 and the property shall be posted
and the noticed public shall be given twenty-one (21) days from the date of mailing of notice to file
written protest with the Development Services Director. If an Administrative Review with Comment
Period application is denied by the Department, the applicant may then apply for a Use Permit, and
appeal the decision before the Commission and the Board, if desired. If the application for
Administrative Review with Comment Period is found acceptable by the reviewing agencies with no
written protest received from the noticed public, the Development Service Director will accept and
issue appropriate or needed building permits and/or issue a letter approving the use subject to
applicable standards. Application fees are as found in the adopted fee schedule.
SECTION 505 AGRICULTURAL EXEMPTIONS
A.
In order to qualify for an exemption from zoning regulations as property used for grazing or
general agricultural purposes the property must meet each of the following standards:
1.
The property is at least five (5) contiguous commercial acres in size. (A commercial
acre is thirty-six thousand (36,000) square feet.)
2.
The primary use of and investment in the property is directed toward production of
agricultural products through agronomy, horticulture or animal husbandry (exempt
purposes).
3.
The property is intended for, and is reasonably capable of, producing a normal profit
through exempt purposes.
4.
B.
C.
An exemption granted the property owner, is open to review and may be cancelled at any time
upon a determination by the Land Use Specialist that the property no longer meets the
standards of Paragraph A.
Page 86
D.
Application for initial exemption or for renewal of an existing exemption shall be made on
forms provided by the Development Services Department. The Land Use Specialist will
evaluate each application for compliance with the standards set forth in this Section.
E.
With respect to property not previously used for an exempt purpose, a provisional exemption
may be granted on the basis of representations by the owner as to the intended use of the
property, subject to presentations by the owner of evidence of compliance with Paragraph A,
within one (1) year after grant of the exemption.
F.
A person aggrieved by a decision of the Land Use Specialist to grant, deny or cancel an
exemption may appeal to the Board of Adjustments in the manner provided by Ordinance for
appeal of an enforcement decision.
B.
Bed & Breakfast Homestays as defined under Section 301 (Definitions) subject to the
following regulations and performance standards:
1.
2.
No employees.
3.
Facility shall be owner-occupied with no more than fifty percent (50%) of the floor area
of the primary structure used for guest quarters or Bed & Breakfast purposes.
4.
Access to the guestrooms shall be allowed through the main entrance of the building
only.
5.
State and County Health Department approval and permits are required.
6.
7.
No more than three (3) guest units shall be available for rental. A guest unit consisting
of more than one (1) room shall not be constructed, converted, or modified so as to
permit division into separate guest units.
8.
Maximum duration of stay of any one (1) guest shall be fourteen (14) days.
9.
In addition to the required parking for the owner of the Homestay, one (1) parking space
per guest unit shall be provided on site in accordance with the parking standards in
Section 602 (Parking).
10.
One (1) sign, for identification purposes, not exceeding four (4) square feet in size may
be attached to the primary structure or placed in the front yard no higher than three feet
(3) above grade.
Bed & Breakfast Inns as defined under Section 301 (Definitions) subject to the following
regulations and performance standards:
1.
Facility shall be owner-occupied with no more than seventy-five percent (75%) of the
total floor area or structural coverage used for guest quarters or Bed & Breakfast
purposes.
2.
3.
In addition to the required parking for the owner of the Inn, one (1) parking space per
guest unit and employee shall be provided on site in accordance with the parking
standards in Section 602 (Parking).
4.
One (1) sign for identification purposes, not exceeding six (6) square feet in size may be
attached to the primary structure or placed in the front yard no higher than three feet
(3) above grade.
On-site sale of produce not permitted. Produce may be transported and sold off-site.
B.
No farm animals
C.
D.
E.
Any fencing which meets Section 540 (Height Limits) B. (Fences and Free Standing Walls)
requirements is allowed.
F.
One (1) storage building less than two hundred (200) square feet in size which cannot be used
as habitable space is allowed.
G.
Non-chemical pest control, such as the use of beneficial predators, parasitoids and biochemical
methods, is strongly encouraged. Use of chemical pesticides and herbicides must be contained
to the property under cultivation.
H.
I.
A rainwater harvesting system component and/or up to a three thousand (3000) gallon enclosed
water storage tank are allowed.
J.
If the use discontinues for a period of twelve (12) months, the property shall be returned to
vacant land.
SECTION 516 DENSITY DISTRICTS
A.
The following Density Districts and regulations are intended to be combined with the
appropriate Use Districts. The density provisions in the accompanying chart, together with
applicable General Provisions (Section 500) shall regulate building heights, yards, lot sizes, lot
area per dwelling unit, lot coverage and distance between buildings as though the same had
been fully described in this Section.
Page 88
B.
Density Regulations:
A=Acres
Dist.
Min Lot Min (1) Min (1,2) Min (1,2) Min (1)
Max
Max
Min
Max Lot
Width
Yard
Yard
Yard
Yard Building Building
Building
Coverage
and
Setbacks Setbacks Setbacks Setbacks Height
Height
Spacing
Percent
Depth
Front
Rear
Interior Exterior Stories
Feet
Feet
75
20
25
7
10
50
50
10
2
7,500
1,000
2
3
4
5
7.5
10
12
18
25
35
70
2A
175
7,500
7,500
7,500
7,500
7,500
10,000
12,000
18,000
25,000
35,000
70,000
87,120
175,000
2,000
3,000
4,000
5,000
7,000
10,000
12,000
18,000
25,000
35,000
70,000
87,120
175,000
75
75
75
75
75
80
90
100
130
145
200
225
300
20
20
20
20
20
20
20
30
30
40
50
50
50
25
25
25
25
25
25
25
30
30
40
50
50
50
7
7
7
7
7
7
7
10
10
20
25
25
30
10
10
10
10
10
10
10
15
15
20
30
30
50
2
2
2
2
2
2
2
2
2
2
2
2
2
40
30
30
30
30
30
30
30
30
30
30
30
30
50
50
50
50
50
40
40
25
20
15
15
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
5A
217,800
217,800
325
50
50
40
50
30
10
10
500
500
50
50
50
50
50
50
50
50
2
2
30
30
5
5
10
10
10A
36A
435,600 435,600
1,568,160 1,568,160
(1) See Section 588 (Yards and Courts) for exceptions, deviations, and encroachments from minimum yard (setback)
requirements.
(2) For C1, C2, C3, M1, and M2 Districts: Minimum interior side and rear yard requirements are waived if the yard is
contiguous to C1, C2, C3, M1 or M2 zoned property. A setback of twenty feet (20) shall be required whenever a lot zoned
commercial or industrial abuts a lot zoned for residential purposes. Front and exterior side yard requirements shall be
observed in all cases.
PLEASE NOTE: DETACHED ACCESSORY STRUCTURES, OTHER THAN STRUCTURES HOUSING ANIMALS,
MAY ENCROACH WITHIN FIVE FEET (5') TO REAR LOT LINE TO MAINTAIN A TEN FOOT (10') BUILDING
SEPARATION. ALL OTHER SETBACKS AND BUILDING SPACING SEPARATIONS MUST BE ACHIEVED.
PLEASE NOTE: THE ABOVE IS GENERAL INFORMATION PERTINENT TO THE ZONING REQUIREMENTS IN
THE CREATION OF A BUILDABLE PARCEL. IT DOES NOT DEAL WITH SPECIFIC QUESTIONS, SUCH AS
BUILDING SAFETY, FLOODPLAIN UNIT, ENVIRONMENTAL UNIT OR ENGINEERING.
THESE
DEPARTMENTS SHOULD BE CONTACTED BEFORE ANY ACTUAL SPLITTING IS PURSUED.
In applying Density Formulas to determine the number of units allowed on a lot, credit shall be
allowed for the area of any contiguous dedicated half street or half alley (or similar dedicated
easements).
B.
Where dwelling units are combined with non-residential uses or structures on a conforming lot,
then each eight hundred (800) square feet (or fraction thereof) of area occupied by such shall be
deducted from the total Density Formula area in determining the number of units allowed.
C.
The Density may be reduced twenty percent (20%) for any units consisting of a combined bedliving room (commonly referred to as an efficiency apartment).
Page 89
B.
A property owner may apply to the Land Use Specialist for a variance to allow a Secondary
Medical Dwelling for the use of an ill, handicapped or elderly person in need of special care or
supervision, or a care provider for such person, if the ill, handicapped or elderly person is the
owner or the resident of the main dwelling or a relative of the owner or resident of the main
dwelling. The variance application shall include:
1.
Legal description.
2.
Signatures of the property owner(s) of record or the authorized agent of the owner.
3.
4.
A sketch plan of the subject property showing existing and proposed structures, access,
parking, and distances from structures to property lines and to other structures.
5.
The name(s) of the person(s) who will occupy the secondary medical dwelling and a
statement signed by a licensed physician that special care or supervision is required for
the ill, handicapped, or elderly relative.
6.
7.
The parcel exceeds thirty-five thousand (35,000) square feet in size and the secondary
medical dwelling is situated on the parcel to meet the primary setbacks of the applicable
density district.
2.
Property owner shall provide a statement signed by a physician that special care or
supervision is required for the ill, handicapped, or elderly relative.
3.
Only one (1) secondary medical dwelling per lot shall be allowed.
Page 90
4.
The same access that serves the main dwelling shall be used for the secondary medical
dwelling.
5.
The owner shall record a covenant running with the land stating that the secondary
medical dwelling shall be removed from the property (if not a site built guest home)
within ninety (90) days of the date the secondary medical dwelling is no longer occupied
by the person(s) specified in the Secondary Medical Dwelling Variance.
6.
The secondary medical dwelling will not cause adverse effects to surrounding properties.
7.
8.
C.
The Land Use Specialist may attach additional conditions to the permit to mitigate adverse
effects to surrounding properties.
D.
Appeals: Prior to the issuance of a Secondary Medical Dwelling Variance, property owners
within three hundred feet (300') of the subject property shall be notified by mail with said
notice posted on the property and given fifteen (15) days from the date of mailing of notice to
file written protest with the Land Use Specialist.
1.
The notification shall include the approved sketch plan, the procedures and
requirements for submitting an appeal.
2.
The written protest shall include the name and address of the person submitting the
appeal and reasons why the application does not meet the secondary medical dwelling
variance standards as set forth by this Ordinance.
3.
The Board of Adjustment shall hear the appeal in accordance with Section 207
(Adjustment Board).
E.
Action by the Land Use Specialist: A secondary medical dwelling variance may be issued by
the Land Use Specialist if no written protest is received and the standards, set forth above, are
met.
F.
G.
Fee: The fee shall be in accordance with the standard fee for variances as approved by the
Board of Supervisors. Any fee submitted for the Administrative Medical Application shall be
applicable to the standard variance application.
Page 91
As an open land-use (requiring underground storage tanks, with dispensing mechanism equal to
or better than minimum requirements of Underwriters Laboratories, Inc.) or,
B.
As having aboveground fuel storage of less than forty thousand (40,000) cumulative gallons
capacity where a Variance has been obtained from the Office of the State Fire Marshal from the
prohibition of the Uniform Fire Code from dispensing motor vehicle fuel from aboveground
fuel storage tank(s) per current Uniform Fire Code. Installation of aboveground tanks will
require the granting of a Use Permit and shall include the following performance
criteria/standards:
1.
The design of the proposed facility shall meet the standards of the Office of the State
Fire Marshal.
2.
The parcel or lot shall be of sufficient size to meet all parking and automobile
circulation requirements set out by this Ordinance. Above ground storage tank(s) shall
not be permitted on lots or parcels not meeting current parking or circulation standards.
3.
Aboveground fuel storage tank(s) shall be spaced apart a minimum distance as set forth
in the current Uniform Fire Code.
4.
Guard posts for protection from vehicular damage shall be provided per current
Uniform Fire Code.
5.
A minimum setback or separation of one hundred feet (100) shall be maintained to the
nearest residentially zoned parcel or "R" residential occupancy building as specified
under the Uniform Building Code.
PURPOSE: To ensure that every golf course be developed and managed with consideration for
the unique conditions of the ecosystem of which it is a part and specifically to minimize the use
of groundwater for irrigation purposes and encourage effluent or reuse.
B.
Page 92
C.
1.
Applicant will be required to submit plans that demonstrate that the proposed project
meets the standards set by the Arizona Department of Water Resource (ADWR) for
golf courses in the Active Management Areas (AMA) including limiting water usage to
no more than four hundred fifty (450) acre-feet per year (325,851 gallons in one (1)
acre-foot of water) and limiting the amount of turf area to no more than ninety (90)
acres.
2.
3.
4.
Applicant will be required to submit a water balance study and phasing program for
conversion and reliance on effluent using the Countys format and standard
assumptions and criteria as a guide in preparing the study. The Board may set a
reasonable time for conversion from irrigating with groundwater to irrigating with a
renewable water supply.
5.
6.
D.
1.
Emphasis shall be placed upon the design of irrigation, drainage and retention systems
that provide for the efficient use of water. Drainage and storm water retention systems
should be incorporated to help provide for both the short and long-term irrigation needs
of the maintained turf and the unmaintained areas of the course.
2.
The course shall be designed with sustainable maintenance in mind. The design shall
incorporate resource conservation strategies that are environmentally responsible,
efficient and cost effective.
CONSTRUCTION DOCUMENTS:
Conceptual grading, drainage, irrigation, clearing and landscaping plans will be required as part
of the Final Site Plan application and in conjunction with a development plan. Plans must have
sufficient detail to demonstrate that the design, construction and maintenance will incorporate
environmental principles and meet the intent of the AMA standards for golf courses.
Page 93
The parcel or lot meets or exceeds the noted required area in size and the primary structure setbacks set out under the Density District are met.
B.
A common driveway or entrance is shared by the primary and guest home structures.
C.
The guest home does not exceed seven hundred fifty (750) square feet of livable building area
or twenty-five percent (25%) of the total square footage of the primary structure livable
building area under roof, whichever is greater.
D.
The detached guest home is placed in order to meet separation requirements of the current
adopted Building and Fire Code as well as the Planning and Zoning Ordinance.
E.
A kitchen facility is permitted in the guest home structure for convenience purposes of the nonpaying or non-reimbursing guest.
F.
Detached guest home shall conform with construction requirements of the applicable Zoning
District.
B.
Height shall be determined for fences and walls above the average elevation of the
ground level within a six foot (6) radius of the point of measurement on the fence or
wall. (See Example)
Fences and free standing walls within the required yards/setbacks shall maintain the
following maximum heights for that opaque or solid portion which obstructs the
passage of air or light more than fifty percent (50%):
Page 94
3.
C.
a.
On any Residential Zoned lot (or that portion of other lots contiguous thereto):
four feet (4) in front yard and six feet (6) in side or rear yards, except may not
exceed four feet (4) when within ten feet (10) of any vehicular entrance from a
private or public right-of-way.
b.
c.
Four feet (4) on any portion of the rear third of a corner lot backing to a Key lot
by a line joining required Key lot setback and the street right-of-way
intersection.
d.
Three feet (3) within the triangular area formed by measuring ten feet (10)
along the boundary of roadways and drives from the intersection thereof
(including hedges and other plantings). Height may be increased not to exceed
four feet (4) provided such height increase does not hamper visibility for traffic
safety.
e.
Total height (solid plus any nonsolid portions) shall not exceed the stated opaque or
solid maximums by more than fifty percent (50%) for residential lots or contiguous
thereto and by more than twenty-five percent (25%) for commercial and industrial
zoned lots.
BUILDINGS:
No portion of any building exceeding a height of four feet (4) shall occupy the triangular area
formed by measuring ten feet (10) along the right-of-way lines from the intersection thereof.
(See Example)
Buildings located on sloping lots equal or greater than twenty-six percent (26%) average slope
are permitted an extra story on the downhill side, provided the building height does not exceed
the maximum height in feet allowed in the District.
SECTION 543 HOME OCCUPATION
A.
B.
C.
NUISANCE: The home occupation shall not cause any sustained or unpleasant noises,
vibrations, noxious fumes, dust odors or glare. The use shall not create any radio or television
interference or cause any parking or additional traffic beyond what a normal single-family
residence would generate in the immediate neighborhood.
D.
EMPLOYEES: No one other than a resident of the dwelling shall be employed in the conduct
of a home occupation.
E.
F.
VEHICLES: The home occupation shall not utilize or rely upon delivery or service from large
vehicles not customary in residential areas.
G.
TRAFFIC: The use shall not generate pedestrian or vehicular traffic beyond that normal to the
District in which it is located.
H.
SIGNAGE: Signage shall be in keeping with Section 601 (Sign Code) regarding nameplate
identification signage for a residence and shall not advertise the home occupation.
I.
J.
A.
Substandard Lots, either as to dimensions or area, that were legally established when
same came under the District jurisdiction shall be considered as legal lots in that
District.
2.
Combined Lots, to the extent of crossing common boundaries with structures, shall be
considered as one (1) lot, except that the front of the individual lots shall remain as the
front of the combined lots.
Page 96
B.
3.
Wedge Shaped Lots shall be considered legal width lots when same (measured at the
front required setback line) is not less than the required width for a lot having parallel
sides; however, a deeper setback line may be shown on a recorded plat at which
location the minimum lot width is acceptable and the required front yard shall thereafter
be measured thereto.
4.
Block (group of lots bounded by streets) Shortage of not more than five percent (5%) of
sufficient frontage to create an additional minimum width for the District, may be
distributed in any suitable manner (which distribution may include corresponding
shortages in lot areas).
C.
Purpose/Applicability/Definitions
The Board of Supervisors has adopted a Minor Land Division Ordinance as allowed by
ARS 11-809 for staff review and approval of land divisions of five (5) or fewer lots,
parcels or fractional interests, any of which is ten (10) acres or smaller in size. The
County may not deny approval of any land division that meets the requirements of this
Section. If review of the request is not completed within thirty (30) days after receiving
the request, the land division is considered to be approved. In this Section:
2.
a.
"Legal access" means a public right of vehicular ingress and egress between the
lots, parcels or fractional interests being created.
b.
c.
Permit Required
Land divisions of five (5) or fewer lots, parcels or fractional interests, any of which is
ten (10) acres or smaller in size created by recordation of a contract for sale or deed of
conveyance shall be preceded by a Land Division Permit which has been applied for
with and approved by the Department.
3.
Filing of Application
An application to split a parcel of land (Land Division Permit) shall be approved if the
following items are submitted for review by the Department and found to be complete:
a.
The lots, parcels or fractional interests each meet the minimum applicable
zoning requirements of the applicable zoning designation.
Page 97
b.
c.
d.
The applicant provides a legal description of the existing parcel and legal
descriptions of proposed parcels including access and utility easements.
e.
The application shall include a paper copy of a scale map, titled Results of
Survey or similar, with parcel areas and dimensions showing existing and
future parcel lines and all proposed easements. The map/survey shall be sized
18 x 24 or 24 x 36 (one 8.5 x 11 copy must also be submitted) or of a
format acceptable to the County Recorders Office. The legal descriptions and
the map/survey shall be prepared by an Arizona Registered Land Surveyor.
f.
Map to illustrate visible buildings, wells, waste water disposal systems that may
exist on subject property depicting distances of noted improvements from
proposed property lines.
An application to split a parcel of land that does not comply with one or more of the
items listed shall still be approved if the applicant provides an acknowledgment that is
signed by the applicant and that confirms that no building, zoning clearance or Use
Permit will be issued until the lot, parcel or fractional interest has met the noted
requirements.
4.
Application Fee
A fee shall be charged as established by the Board.
5.
Include the minimum statutory requirements for legal and physical onsite access that must be met as a condition to the issuance of a building
or Use Permit for the lots, parcels or fractional interests.
(2)
b.
The County may not require a public hearing on a request to divide five (5) or
fewer lots, parcels or fractional interests, and if review of the request is not
completed within thirty (30) days from receipt of the request, the land division
shall be deemed approved. If the legal access does not allow access to the lots,
parcels or fractional interests by emergency vehicles, neither the County nor its
agents or employees are liable for damages resulting from the failure of
emergency vehicles to reach such lot, parcel or fractional interest.
c.
to avoid the provisions of this Section or the subdivision laws of the State of
Arizona by acting in concert to divide a parcel of land into six (6) or more lots
or sell or lease six (6) or more lots by using a series of owners or conveyances.
This prohibition may be enforced by the County or by the State Real Estate
Department pursuant to Title 32, Chapter 20.
6.
7.
8.
Removal of Deficiencies
If zoning or access deficiencies are corrected, for example through a Zoning Map
Change, variance, Use Permit or through acquisition of access, it shall be the
responsibility of the original property owner or subsequent responsible party to remove
the deficiencies by filing/recording a Release of Noticed Deficiencies and if necessary,
an amended map, subject to approval by the Department prior to recordation. The
applicant will provide verification of legal access via signed notarized statements and
accompanying supporting materials.
The design and operation of the proposed facility shall meet the standards of the Office of the
Arizona State Fire Marshal.
B.
The parcel or lot shall be of sufficient size to meet all parking and automobile circulation
requirements set out by this Ordinance. Aboveground storage tanks shall not be permitted on
lots or parcels not meeting current parking or circulation standards.
Page 99
C.
Aboveground L.P. (liquid propane) storage tank(s) shall be a minimum of twenty-five feet
(25) from all property lines.
D.
Crash guards shall be installed on three foot (3) centers on all sides of L.P. fuel storage tank(s)
consisting of six foot (6) lengths of six inch (6") Schedule 40 steel and embedded in concrete
two feet (2) deep and twelve inches (12") around.
E.
A minimum setback or separation of one hundred feet (100) shall be maintained from the tank
to the nearest residentially zoned parcel or "R" residential occupancy building as specified
under the Uniform Building Code.
F.
The maximum size L.P. storage tank shall not exceed two thousand (2,000) gallons (water
capacity).
HOUSING/MULTI-SECTIONAL
HOUSING
ZONING REQUIREMENTS:
Multi-Sectional Manufactured Homes/Manufactured
design/performance standards which follow.
B.
MANUFACTURED
Homes
are
subject
to
the
All manufactured homes located within the unincorporated area of Yavapai County
shall have an affixed "HUD" label certifying that the unit has been manufactured in
accordance with the July 1, 1976 Federal Guidelines promulgated by the U.S.
Department of Housing and Urban Development (HUD).
2.
Mobile homes, as defined in Section 301 (Definitions), are prohibited as dwelling units
on individual lots.
3.
4.
All multi-sectional manufactured homes and manufactured homes shall be skirted with
approved material(s). Acceptable material(s) may include block or concrete stem walls,
vinyl, aluminum or hardboard sheeting as approved by the Land Use Specialist.
Alternative skirting material(s) may be approved by the Land Use Specialist provided
the material(s) meet the intent of screening the under-carriage of the unit.
PERMITS:
1.
Permits shall be required for all buildings and structures within manufactured home
parks. It shall be unlawful for any person to construct, maintain or operate any
manufactured home park or trailer camp within the limits of Yavapai County unless he
or she or any firm holds a valid clearance issued by the Land Use Specialist in the name
of such person, persons or firm for each specific manufactured home, trailer, or
structure. The fee for this clearance shall be determined by resolution of the Board of
Supervisors. Upon completion of the Administrative Review with Comment Period
process (Section 504), issuance of Zoning Clearances and applicable permits shall be
Page 100
B.
b.
The maximum number, location and size of all RV, manufactured home or
trailer spaces.
c.
d.
e.
The location of electrical, water, storm drainage, and sewer lines and the sewage
disposal systems.
f.
g.
3.
4.
Before giving site plan approval the Development Services Department may require a
performance bond from the operator of the park to assure that the park or camp is
constructed and maintained in a satisfactory manner. The Development Services
Department may require any other improvements and facilities before approving the
manufactured home park, RV park or trailer camp, in the interest of public safety,
health and welfare. The Development Services Department may accept the proposed
plan, accept the proposed plan with recommended changes, or reject the plan.
Parks shall provide for individual spaces, access driveways, parking and recreation open
spaces.
2.
Parks shall provide at least ten percent (10%) of the total area for recreation or other
open space purposes.
3.
Parks shall be developed in accordance with Section 440 (Planned Area Development),
unless otherwise specified in this Section.
4.
All utility lines, cable TV, and electric transmission lines shall be placed underground.
Each space shall be provided with water, sanitary sewer, electric lines, telephone lines
and gas lines if needed, in compliance with applicable County Ordinances. Fire
Page 101
C.
D.
5.
Refuse collection areas shall be central and screened from public view.
6.
Minimum ratio of community use area shall be ten percent (10%) of the total area.
Such land may include all land devoted to recreation and service facilities, landscaping
not included within manufactured home spaces, and accessory parking areas, such land
shall not include recreational vehicle storage areas, private streets, boundary
landscaping areas and refuse areas.
7.
Recreational vehicle storage areas, if provided, shall be at the minimum ratio of fifty
(50) square feet of land for each manufactured home space and shall be surfaced with
surface material. If no recreational vehicle storage is provided, recreational vehicles
shall not be stored at individual spaces.
PARKING REQUIREMENTS:
1.
A minimum of two (2) off-street parking spaces will be provided for each unit space.
The parking spaces and the drive shall be dust-proofed and surfaced with crushed rock
or similar material. Said parking spaces may be arranged in tandem design.
2.
Guest automobile parking shall be provided at a minimum ratio of one (1) parking space
for each five (5) unit spaces.
3.
A minimum of two (2) vehicular entrances shall be provided for each park. One
entrance may be kept closed to the general public if provision is made for emergency
access.
4.
Street lighting shall be provided along the park streets for the safety of pedestrians.
5.
A strip of land, twenty feet (20) in width, shall be maintained as landscaped area
abutting all park property lines.
CERTIFICATE OF COMPLIANCE:
No Certificate of Compliance shall be issued unless and until the following requirements have
been met: Unless and until thirty percent (30%) of the spaces planned in any park, or ten (10)
such spaces, whichever is greater, shall have been completely prepared, constructed and
equipped for use in all respects; and unless and until such portion of the park's community
facilities in the category of, but not limited to, driveways, laundry facilities, bath, wash and
toilet rooms as the Development Services Department may require, shall have been completely
prepared, constructed and equipped for use in all respects.
E.
F.
TRAVEL TRAILER CAMP STANDARDS: The following regulations shall apply in respect
to all trailer camps:
1.
Trailer camps shall provide for individual trailer spaces, access driveways and parking.
2.
Each trailer space shall be at least one thousand five hundred (1,500) square feet in area,
and at least thirty feet (30) in width and have at a minimum a compacted gravel surface
at least ten feet (10) in width and twenty feet (20) in depth.
3.
A strip of land at least twenty feet (20) in width shall be maintained as a landscaped
area abutting all trailer camp property lines except when the camp boundary is adjacent
to residential uses when the landscaped area shall be at least fifty feet (50) in width.
NON-CONFORMING USES:
Page 102
1.
Existing mobile home parks may be exempted from the requirements of this Ordinance,
except in the expansion of said mobile home parks, whereby areas of expansion shall be
in conformance with the requirements of this Ordinance.
2.
3.
Existing mobile home parks shall be subject to Section 102 (Purpose) for Zoning
Clearance and permit issuance.
A site plan acceptable to the Development Services Department shall be submitted prior to the
creation or expansion of outside display.
B.
Where an area of outside display is contiguous to a parcel or parcels zoned or used for
residential purposes:
C.
D.
1.
A solid screen six feet (6) or more in height shall be installed, said screening to be
reduced to four feet (4) in height within the front yard area of the abutting parcels, (or
elsewhere for purposes of safe sight distance for ingress/egress) and said screening to
consist of one (1) or more of the following: decorative wall, decorative fence, earth
landscaping, dense live plant material, or depressed (lower than surrounding grade)
display area in keeping with natural terrain; or
2.
A setback of the display area of at least twenty feet (20) shall be maintained from the
abutting parcels.
Where an area of outside display abuts a street on the side or rear which is contiguous to a
parcel or parcels zoned or used for residential purpose:
1.
There shall be a landscaped border not less than six feet (6) in width and a solid wall
four feet (4) in height shall be erected between the landscaped area and display area
(excepting areas for ingress and egress); or
2.
A setback of the display area of at least twenty feet (20) shall be maintained from the
abutting street right-of-way.
Where an area of outside display abuts a public right-of-way (or a private street used as if it
were a public right-of-way) a setback of the display area shall be maintained meeting the
following minimum conditions:
1.
Twenty feet (20) from the nearest edge of pavement (or useable road surface); and
2.
E.
No outside display shall interfere with required parking or maneuvering room for employees
and customers, nor with required loading areas, nor with fire lanes to the building(s) nor with
pedestrian ways or crosswalks, nor with safe sight distance for ingress and egress.
F.
G.
Landscaping of a six foot (6) strip around the periphery of the display area shall be
maintained, except where a zero setback is permitted, such as an internal lot line adjacent to a
commercial zone.
H.
Lighting of the display area shall be reduced (to the minimum necessary for security purposes)
between hours of operation.
I.
A.
The outside storage of objects and materials shall be permitted as an accessory use (i.e.: where
a primary use has already been established) in residential zones plus RS, PAD, PM, RCD and
OS zones, provided the following conditions are met:
1.
A property occupant may park any number of personally owned private vehicles outside
on residential property. Where a primary residential use has been established, a
property occupant may park outside on residential property one (1) commercial vehicle
not exceeding five (5) ton gross vehicle weight (GVW) or one (1) commercial vehicle
exceeding five (5) ton GVW with Administrative Review with Comment application
approval pursuant to Section 504 (Administrative Review with Comment Period).
Parking of vehicles is allowed provided that all vehicles are for use of the occupant and
are complete, operable and currently licensed and are arranged in an orderly fashion.
Vehicles unable to meet these conditions will be deemed disabled or inoperable. Said
disabled vehicles or vehicles determined to meet the definition of a junk vehicle are
limited to two (2) per parcel. These disabled, inoperable or junk vehicles must be
placed in the side or rear yard (but not within the required front yard setback) and
screened in such a manner so as they are not visible from any public or private street
right-of-way or adjacent property. Personally owned vehicles may be offered for sale
on an individual person-to-person basis on a residentially zoned parcel where a primary
residential use has already been established, provided that no more than two (2) vehicles
may be offered for sale at any one (1) time.
2.
Unlimited areas of firewood may be stored, provided that the firewood is for on-site
personal use only and is stacked no higher than six feet (6) unless against a structure.
3.
Unlimited areas of construction materials may be temporarily stored, provided that the
construction materials are for use on-site pursuant to a current, valid construction permit
and are stacked no higher than six feet (6) and are kept at least ten feet (10) from all
property lines of adjacent occupied residential properties.
4.
A property owner or tenant may park or store any number of personally owned (and for
personal use) travel trailers, motor homes, recreational vehicles, boats, boat trailers,
utility trailers, or other similar items designed for personal non-commercial uses outside
on residential property where a primary residential use has been established. No more
than one (1) travel trailer, motor home or recreational vehicle, boat, trailer, etc. which is
Page 104
owned by a party other than the present owner or tenant of the property shall be stored.
No travel trailers, motor homes or recreational vehicles on residentially zoned parcels or
lots shall be used or made suitable for use for long-term occupancy without a
Temporary Dwelling Permit, Use Permit or Secondary Medical Dwelling Variance as
per Section 525. Evidence of an intention for long-term occupancy shall include at least
three (3) of the following:
5.
a.
b.
c.
d.
e.
Having a mailbox.
f.
Having any attached or adjacent structure or improvement that enhances the onsite livability and/or decreases the mobility of the vehicle.
g.
b.
c.
Verification by the Land Use Specialist that the foregoing criteria have been
addressed prior to authorizing occupancy of the unit.
6.
All boats, trailers, motor homes, travel trailers, recreational vehicles shall be kept in
reasonable repair and operable and neatly arranged.
7.
8.
A property owner or tenant may place articles of furniture outside, provided such
furniture is in reasonable repair and weather resistant condition and is intended for
personal on-site use.
9.
10.
11.
Any outside storage unable to meet the above exceptions and conditions must meet one
(1) of the following restrictions:
a.
b.
Not exceed the heights and square footages provided for the setbacks from the
nearest property line as follows:
DISTANCE
to nearest property line
MAXIMUM
ALLOWED
MAXIMUM
ALLOWED
Square footage
Height in feet
200
300
400
500
6
6
8
8
Unlimited
12.
Manufactured homes, mobile homes, travel trailers, recreational vehicles, truck trailers,
commercial trailers, boxcars, refurbished sea cargo/ocean-going or freight containers
(mobile storage or similar cargo carrying devices) or any other vehicle shall not be
attached to or placed on any lot and are not allowed to be stored or utilized for storage
purposes in any District, with the exception of the specific allowances referenced in
Sections 564 A.1 through 12 (General Provisions Outside Storage) and Section 400
(Use Districts). These prohibited vehicles/containers may be considered for storage
when there are unique circumstances subject to obtaining an approved Use Permit.
13.
The outside storage of steel storage containers is allowed as an accessory use, solely for
the storage of personal items owned by the property owner, occupant or business (in
appropriate commercially designated areas in the RMM or less restrictive Use Districts
provided as follows:
a.
b.
Containers shall meet the minimum yard requirements of the primary structure
in the applicable Density District as well as building separation and lot coverage
requirements.
c.
All containers shall be painted and maintained either the primary structure color
or an earth tone consistent with the surrounding terrain prior to placement.
d.
e.
f.
g.
Any unit not able to meet the foregoing performance criteria will require a Use Permit
prior to permitting and installation. Temporary uses of such containers (up to two (2)
years) can be administratively approved in conjunction with approved
construction/remodeling projects.
B.
The outside storage of objects and materials shall be a permitted accessory use in Cl and C2
(general commercial) zones provided that:
1.
All conditions of OUTSIDE STORAGE shall be met except that "on-site personal use"
shall be construed to include those uses incidental to the permitted commercial (as well
as personal) uses pertaining to the property.
2.
All conditions of OUTSIDE STORAGE shall apply except that one (1) travel trailer,
motor home or recreational vehicle may be hooked up to power, water, sewer or septic
facilities or otherwise made suitable for long term occupancy for the purposes of a
caretaker/watchmans quarters only per parcel in a C1 or C2 zone without a Use Permit
approval or PAD for a travel trailer/recreational vehicle park for watchman/caretaker
purposes.
3.
C.
The outside storage of objects and materials shall be a permitted accessory use in C3 (heavy
commercial) zones as per Paragraphs B 1. and 2. above except that square footage limits and
setbacks shall be waived. Height limitations and screening requirements shall not be waived.
D.
The outside storage of objects and materials shall be a permitted accessory use in Ml and M2
(industrial) zones, provided that screening is provided from non-industrially zoned properties
within two hundred feet (200).
E.
Outside storage not complying with this Subsection is hereby deemed a public nuisance and
shall not enjoy any rights to continuation, restoration, exchange of uses, or expansion as if a
lawful non-conforming use, and shall be abated.
ZONING REQUIREMENTS:
Park Models are subject to the design/performance standards which follow.
B.
Park model homes may be permitted as dwelling units beginning in the R1 Use District.
2.
Park models shall not be more than five (5) years old at the time of installation.
3.
Park models must meet the standards set forth in ANSI A119.5.
4.
5.
Any additions to a park model will require separate permits and must be selfsupporting.
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6.
All park models located on a parcel of land are to be serviced by an approved sewage
disposal system prior to habitation.
B.
USE RESTRICTIONS:
No activities other than the representation for sale of lots and homes within the approved
subdivision in which the sales office is located.
C.
DESIGN/PERFORMANCE STANDARDS:
1.
Sales facility shall be utilized for on-site sales of lots and homes within the approved
subdivision only.
2.
Temporary sales facility shall only be administratively authorized for a period of three
(3) years from approval of Phase one of the project and/or issuance of the Public Report
from the Arizona Department of Real Estate (ADRE). Extensions in two (2) year
increments beyond the initial period shall require an Administrative Use Permit with
comment period.
3.
Staff approval of site plan drawn to scale prior to issuance of building permits and
initiation of the use. Plan shall indicate number of on/off street parking spaces, lot
surfacing, signage height/location and compliance with other applicable regulations.
4.
Temporary signage to comply with current Planning and Zoning Ordinance and
Subdivision Regulations.
5.
At the end of the three (3) year authorization period or termination of the use,
whichever comes first, all temporary signage is to be removed.
Page 108
Temporary occupancy of one (1) travel trailer or RV as defined in Section 301 (Definitions) on
a lot without a primary use must meet the following standards:
1.
2.
3.
Frequency may not exceed three (3) times per calendar year with a minimum of thirty
(30) day intervals between stays.
4.
5.
6.
7.
8.
Unit may only be stored on the lot during occupancy term. No storage of non-occupied
travel trailers or RVs is allowed.
ZONING REQUIREMENTS:
Self-Service Storage Facilities are allowed in C2, C3, PM, M1 and M2 Zoning Districts.
B.
USE RESTRICTIONS:
No activities other than rental of storage units and pick-up and deposit of dead storage shall be
allowed within the self-storage complex. Other permitted uses may be allowed on the property
subject to all applicable Zoning District Regulations. General commercial uses set out under
the C2 Zoning District are permitted on residual commercially zoned acreage that is not
involved in the mini-storage complex. Watchman's or manager's quarters are permitted subject
to compliance with residential building code requirements. Examples of activities prohibited at
Self-Storage Facilities include, but are not limited to, the following:
1.
2.
The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers,
appliances, or other similar equipment.
3.
4.
5.
Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.
6.
7.
8.
Utilizing the Self-Storage Facility for other than dead storage (See Section 301
Definitions).
Page 109
Note: All storage, rental or purchase contracts shall include the above listed restrictions.
C.
DESIGN/PERFORMANCE STANDARDS:
1.
Lot Requirements:
a.
b.
2.
Driving/loading lanes shall be a minimum of twenty feet (20) in width (paved driving
surface) when cubicles open onto one (1) side of the lane only and a minimum of
twenty-four feet (24) when cubicles open onto both sides of the lane. Driveway
corners shall have a minimum thirty foot (30) radius. Dead-end driveways shall in no
instance exceed in length the requirements of the Fire Code and in instances that deadend driveways exceed one hundred fifty feet (150) in length, same shall be reviewed
and approved in writing by the local Fire Marshall and in the absence of a Fire District,
shall be reviewed by the State Fire Marshall.
3.
Setbacks:
4.
a.
All facets of the development structures shall be set back a minimum of twenty
feet (20) from the required fence for fire access purposes.
b.
Fire Suppression:
a.
Facility shall conform to the Uniform Fire Code requirements relating to type of
construction, accessibility, building separations, water storage and fire flows,
etc. and Zoning Clearance applications shall be accompanied by a written
statement from the affected local Fire District Fire Marshall or in the absence of
a Fire District, the Chief Building Official, stating that the facility as designed
meets the requirements and specifications of the Fire Code.
b.
In areas not administered under the Building Code and subject to inspection the
property owner shall demonstrate that the building has been constructed to the
Fire Marshalls specifications prior to occupancy.
5.
6.
Maximum height for one (1) story not to exceed fourteen feet (14) at the eaves.
b.
Maximum height for two (2) story not to exceed thirty feet (30).
7.
8.
Perimeter fencing shall conform to the general provisions for Protective Screening
(Section 567).
9.
Parking: One (1) parking space per employee plus one (1) space per fifty (50) storage
units will be required.
Page 110
USE PERMITS (UP) are provided for instances where a use or uses normally prohibited by a
Use District should be allowed due to the unique characteristics of the property and of the
surrounding area, but a rezoning to a less restrictive Use District is not appropriate. The UP is
combined with the allowed uses in the applicable Zoning District.
B.
USES PERMITTED:
C.
1.
All uses allowed in the Use District with which the UP is combined.
2.
SPECIAL PROVISIONS:
1.
Use Permits are applied for in the same manner as zoning district changes. A
Temporary UP may be reviewed and extended by the Board of Supervisors upon its
expiration without posting or publication, provided no material condition of the UP is
altered.
2.
Use Permits are granted at the discretion of the Board of Supervisors, and refusal is not
the denial of a right. The applicant must demonstrate to the satisfaction of the Board of
Supervisors that any structure or use requested will not be detrimental to persons or
property in the vicinity and that it is in the best interests of the public health, safety and
welfare. The applicant must demonstrate the ability to comply with any specific
conditions imposed.
3.
Use Permits may contain specific limitations on the scope, nature and duration of the
use, and may be granted for the specific benefit of the applicant only (non-transferable),
as deemed proper to secure the objectives of this Ordinance. Use Permits may be
temporary or permanent. Any Temporary UP does not grant a vested right beyond the
term of the permit. Where an application involves a definite development scheme the
applicant must submit a layout and landscape plan, building elevations and other
pertinent data as may be requested.
4.
Permittees must obtain building permits within one (1) year from the permit date and
diligently pursue completion. Failure of such shall void the UP unless a longer time
has been granted or an Extension of Time has been applied for with the Director of
Development Services prior to the expiration of the one (1) year period. The Director
may administratively grant up to a one (1) year extension of time. Any further requests
for Extensions of Time must be applied for and approved by both the Planning and
Zoning Commission and Board of Supervisors prior to the expiration of the
Administrative Extension of Time.
5.
6.
If the use or uses for which a UP has been granted are discontinued for a continuous
period of six (6) months, the UP shall be voided.
Page 111
7.
8.
Within thirty (30) days permittees shall notify the Development Services Department of
any change of address of the permittee, any change of use of the permitted property,
and/or any change of ownership or operator of the permitted use.
Any fabrication by means of welding, cutting, heating, bending, molding, forging, grinding,
milling or machining. (Such operations are permissible as an adjunct to repair only, not for
manufacturing a product.)
B.
C.
Any work on vehicles outside permitted structures or enclosures, unless on the service apron of
a gasoline service station.
D.
E.
Any draining or dumping of oil, fuel, grease, cleaning fluids or hazardous materials on the
pavement, gravel, ground, drainage system or in any other unauthorized place or method.
F.
Any hours of operation between 10:00 P.M. and 6:00 A.M. within two hundred feet (200) of
any parcel zoned or used for residential purposes;
G.
Any use or structure failing to comply with applicable local and State fire safety standards.
Where all or some of the existing buildings in the same block with a proposed
building, and lying within one hundred feet (100) therefrom, vary from the
minimum front yard requirements, then the average front yard depth for such
existing buildings shall determine the required minimum yard depth for such
proposed building (unless waived in writing by owners of such other buildings).
In no case may such yard depth be less than the minimum required for the
District, nor need such yard depth be required to exceed by fifty percent (50%)
of the required minimum.
Page 112
b.
2.
3.
B.
On lots rising in elevation from front to center and exceeding twenty-six percent
(26%) grade thereon, the front yard may be reduced not to exceed fifty percent
(50%) of the required minimum.
On any interior Residential Zoned lot lacking rear access (other than from the
front street) and where a garage or carport is not attached to the principal
building, then one (1) side yard must measure no less than nine feet (9) to
provide access to rear parking.
b.
On a corner lot backing to a Key lot no structure exceeding a four foot (4)
height may be located adjacent to the side street within a triangular area formed
by a line connecting the street intersection with the required front setback line of
the Key lot.
c.
When a lot sides on an alley, such required side yard adjacent thereto may be
reduced not to exceed fifty percent (50%) provided such reduced setback, plus
half the alley width, is not less than the yard width required for the District.
d.
On legal sub-standard width lots an interior side yard may be reduced by half the
lot width shortage, provided such reduction does not exceed twenty-five percent
(25%) of the required yard width.
On lots of less than two hundred eighty feet (280) depth the required rear yard
shall be increased by the width of a potential half alley.
b.
On lots exceeding a two hundred eighty feet (280) depth the required rear yard
shall be increased by the width of a potential half street.
Encroachment into yards, where not in conflict with future width lines: No structure (other than
fences, free standing walls or signs) shall be located so as to encroach upon or reduce any open
space, yard, setback requirement, lot area or parking area as is designated under these
Provisions or under the Provisions of the District in which located, except that:
1.
2.
3.
Cornices, eaves, coolers, decks and open balconies, fire escapes, stairways or
fire towers may project no more than five feet (5) into any required yard or
court, but no closer than two feet (2) from any lot boundary.
b.
Sills, leaders, belt course (and similar ornamental features) and chimneys may
project two feet (2) into any required yard or court.
A bay window, oriel, entrance or vestibule not exceeding a ten foot (10) width
may project three feet (3) into any required front yard.
b.
An attached open porch, deck or open balcony, or a carport may project no more
than six feet (6) into any front yard.
A bay window, oriel, entrance or vestibule not exceeding a ten foot (10) width
may project three feet (3) into any required rear yard.
Page 113
b.
An attached open porch, deck or open balcony, or a carport may project no more
than ten feet (10) into any required rear yard, but no closer than ten feet (10)
from any common lot boundary.
c.
(2)
Be nearer the side lot line of the front half of any adjacent lot than the
required side yard of such lot.
(3)
Be nearer any property line than is allowed for a principal building for
any portion of an accessory building to be used for dwelling or sleeping
purposes. None of the foregoing provisions for detached accessory
buildings shall limit such building from location farther than seventyfive feet (75) from any lot boundary.
C.
Setbacks from streets and alleys (yard depth) are measured from the right-of-way or easement
(or what would be such where only a partial right-of-way exists).
D.
Swimming pool setbacks from any lot boundary shall be no less than five feet (5) on
Residential Zoned lots and no less than twenty-five feet (25) for any commercial (semi-public
or public) pool.
E.
Courts from which rooms depend for natural ventilation of light must be open to the sky and
maintain a minimum dimension of five feet (5), plus one (1) additional foot width for each
story above the first.
F.
Any Residential District uses in a commercial zone shall maintain the same yards
required by the Density District, except that where dwelling units, or guest units,
occupy an upper floor (the ground floor of which is used for business) such upper floor
may maintain the same yards as are permitted for the ground floor.
2.
A front yard of not less than twenty feet (20) shall be required where the proposed
commercial building is on a lot contiguous to a Residential Zoned lot fronting on the
same street (unless waived in writing by the owner of such Residential Zoned lot).
3.
Where the side lot line of a commercial lot is common to the side lot line of a
Residential Zoned lot, the side yard shall be no less than seven feet (7).
4.
Where the rear lot line of a commercial lot is contiguous to a Residential Zoned lot, the
rear yard shall be no less than fifteen feet (15).
Page 114
Lighting, Internal-Reverse Print: An internally lighted sign in which the visible lighted area
constitutes less than fifty percent (50%) of the total sign area, with lighted or visible letters against a
dark background.
Mansard: A roof with two (2) angles of slope, the lower portion of which is steeper and is
architecturally comparable to a building wall. Also a facade with a slope approaching the vertical
which imitates a roof. (See accompanying diagram)
Page 115
Marquee: A permanent roof-like structure or canopy of rigid materials supported by and extending
from the facade of a building, to be considered a canopy for sign allowances.
Parapet: The extension of a false front or wall above a roof line.
Reconstruction, Substantial: Improvement or repair valued in excess of fifty percent (50%) of the
current value of a sign. Reconstruction does not include merely repainting or changing the copy on the
sign if the use and size remain the same.
Roof Line: The highest point of a structure including parapets, but not to include spires, chimneys or
heating or cooling mechanical devices. (See accompanying diagrams)
Sign: Any identification, description, illustration, symbol, or device which is affixed directly or
indirectly upon a building, vehicle, structure, or land and which conveys information identifying or
directing attention to or advertising a product, place, activity, person, institution, or business.
Sign, Abandoned: A sign which no longer identifies or advertises a bona fide business, lessor, service,
owner, product, or activity, and/or for which no legal owner can be found.
Sign, Canopy: Any sign erected directly upon or suspended from a canopy (awning).
accompanying diagram)
(See
Sign, Directional: Any sign which is designed solely for the purpose of traffic or pedestrian direction
and placed on the property to which or on which the public is directed, and which contains no
advertising copy. (See accompanying diagram)
Page 116
Sign, Directory: Any sign listing the names, use, or location of the businesses or activities conducted
within a building or group of buildings. (See accompanying diagram)
Sign, Free-Standing: A sign which is erected on its own self-supporting permanent structure,
detached from any significant (i.e. weight-bearing) supporting elements of a building (lateral
stabilizing support is not considered attachment to the building). (See accompanying diagram)
Sign, Height: The distance measured from grade at the base of a sign to the topmost portion of a sign,
including decorative embellishments.
Sign, Identification: Any sign identifying by name, message, or symbol, a business, residence,
occupant activity, institution, establishment, operation, merchandise, product, or service available at
the property on which the sign is displayed.
Sign, Illuminated: A sign with an artificial light source incorporated internally or externally for the
purpose of illuminating the sign.
Sign, Non-Conforming: Any sign which is not allowed under this Code but which when first
constructed was lawful.
Sign, Number of Faces On: (See accompanying diagram)
(1) Single-Faced: If a sign has copy on one (1) side only or if the interior angle between the two (2)
sign faces or sides is greater than forty-five degrees (45), it shall be considered one (1) face; the area
will be considered to be the sum of the areas of both sides.
(2) Double-Faced: If the angle between the two (2) sign faces is less than forty-five degrees (45), the
sign shall be considered double-faced, the sign area will be the area of one (1) face only.
If two (2) sign faces are attached to a structure with a thickness exceeding thirty-six inches (36") or the
two (2) faces are separated by a distance exceeding thirty-six inches (36"), then the sign area will be
the area of both faces.
Page 117
(3) Multi-Faced: Any sign containing more than two (2) sides. The area shall be the area of the largest
side plus the area of any other side whose interior angle with any other side exceeds forty- five degrees
(45).
Sign, Off-Premise (Billboard, Outdoor Advertising): A sign advertising a business, place, activity,
goods, services, or products on a different property from where said sign is located.
Sign, On-Premise: A sign advertising a business, place, activity, goods or services or products on the
same property on which the sign is located.
Sign, Political: A temporary sign used in connection with a local, state, or national election or
referendum.
Sign, Portable: Any sign not permanently affixed to the ground or a structure on the site it occupies.
(See accompanying diagram)
Sign, Projecting: Any sign attached to a building or other structure and extending in whole or in part
more than twelve inches (12") beyond the building. Shall be considered "free-standing" signs with
reference to square footage allowances. (See accompanying diagram)
Sign, Roof: Any sign erected upon the roof of any building or which is partially or totally supported
by the roof or roof structure of the building. (See accompanying diagram)
Sign, Under-Canopy: A sign suspended beneath a canopy, ceiling, roof, or marquee shall be
considered a "free-standing" sign with reference to square footage allowances.
Page 118
Sign, Wall-Mounted: A sign mounted or painted flat against, projecting less than twelve inches (12")
or painted on the wall of a building with the exposed face of the sign in a plane parallel to the face of
said wall. (See accompanying diagram)
A.
GENERAL PROVISIONS: Except as may be further restricted in specific zones, all permitted
signs shall be subject to the following:
1.
A sign may be illuminated as allowed for under Section 603 (Light Pollution Control).
2.
No sign, nor any portion of a sign, shall rotate, move, or simulate movement by means
of fluttering, spinning, or reflection devices, nor shall it contain an electronic message
device except for time and temperature signs, nor shall it flash, blink, be audible, or be
animated by any means, including banners, pennants, or devices affected by movement
of air. Signs attached to or suspended from hot air or helium balloons are prohibited.
An exception to this paragraph shall be permitted for a period of seven (7) consecutive
days for the Grand Opening of a permitted business upon the bona fide occurrence and
at the location of one of the following:
a.
b.
c.
Such exceptions shall first obtain a Temporary Sign Permit, with a minimum sign
permit fee. An exception for a Grand Opening shall be permitted no more than once in
any twelve (12) month period at any one location.
3.
Lighted beacons, searchlights, or other lights or lighted devices, which attract attention
to a property, are prohibited.
4.
5.
Canopy (awning) signs shall not project above the canopy. Signs may be attached flat
against canopies made of rigid materials; canopies of non-rigid materials (e.g. canvas)
shall only have signs painted on them. Signs attached to a building shall not project
above the eave line or parapet. Signs mounted on the lower portion of a mansard roof
with a slope exceeding seventy-four degrees (74) from the horizontal are permitted
provided they do not project above the top of the lower roof.
6.
7.
The square footage of a sign made up of letters, words, or symbols within a frame or
border shall be determined from the outside edge of the frame or border itself. The
square footage of a sign composed of only letters, words, or symbols shall be
determined from imaginary straight lines drawn around the entire copy or grouping of
such letters, words, or symbols. Only those portions of the construction elements that
are an integral part of the sign itself shall be considered in the allocation of square
footage allowed.
8.
No sign shall be painted on or affixed to any natural object in its natural location such
as a boulder, tree or cliff face.
9.
Signs may be painted directly onto structural surfaces (walls or buildings) but not onto
any roof.
10.
11.
No sign shall simulate the appearance of an official traffic sign, signal or device, nor the
warning or signal device of any emergency vehicle.
12.
Signs painted on or attached to vehicles which are parked on the public right-of-way or
on private premises for a continuous period in excess of seventy-two (72) hours or
repeatedly for three (3) consecutive days, for the purpose of intentionally circumventing
the intention of the Ordinance, shall be considered portable signs within the meaning of
this Ordinance.
13.
In no case shall any sign project above the roofline of the building upon which it is
mounted. Roof mounted signs are permitted, if otherwise in compliance, and shall be
considered to be a variety of wall-mounted sign.
14.
No person shall exhibit, post or display upon any sign or wall any statement, symbol or
picture of an obscene nature.
15.
New signs exceeding six (6) square feet in area or exceeding eight feet (8) in height
shall follow the permitting requirements specified in Subsection L. (Sign Permits).
Relocation or substantial reconstruction, i.e., costing more than fifty percent (50%) of
the present value of a sign, shall be considered a new sign for building permit purposes.
16.
Signs that identify or advertise uses on other than the property on which they are
located shall be permitted only in heavy commercial and industrial districts. See
Subsection D (Off-Premise Signs)
17.
Signs that are not permitted in a residential zone shall not be placed closer than twenty
feet (20) to any Residentially Zoned lot.
18.
Signs located within the triangular area on a corner lot formed by measuring thirty feet
(30') along both street lines from their intersection or at the intersection of a public
street and a private street or driveway, shall maintain a maximum three foot (3) top
height or minimum eight foot (8) bottom height and contain a maximum of two (2)
supports with a maximum twelve inch (12") diameter each. (See accompanying
diagram)
Page 120
B.
19.
All signs shall be stable. Portable signs are permitted where indicated for Zoning
Districts provided they are planted securely into the ground, weighted, or otherwise
anchored to resist rolling, blowing, tipping over or otherwise moving from a safe
location.
20.
21.
All freestanding signs will comply with Section 540 (General District Provisions
Height Limits) (i.e., one foot (1) setback for each foot in height shall be required).
EXEMPT SIGNS: The following signs shall be exempt from obtaining permits and other
provisions of this Ordinance provided they satisfy the following requirements or specifications:
1.
2.
3.
Memorial plaques and building cornerstones when cut or carved into masonry surface
or when made of incombustible material and made an integral part of the building or
structure.
4.
5.
Political signs on private property, provided however, that such signs shall be erected
no more than sixty (60) calendar days prior to the last day for casting ballots, and
removed within ten (10) calendar days following the last day for casting ballots of the
election to which they refer; and that the total sign area permitted for any individual
sign shall not exceed thirty-two (32) square feet.
6.
Flags, emblems, insignias and posters of any nation, state, international organization,
political subdivision or other governmental agency; unlighted non-verbal religious
symbols attached to a place of religious worship; and temporary displays for a
maximum of twenty (20) days of a patriotic, religious, charitable, or civic character
shall be exempt from the provisions of this section. However, if the height exceeds
thirty feet (30), such signs shall be subject to the approval of the Development Services
Director. The preceding shall not be construed as to permit the use of such flags,
insignias, etc. for the purpose of advertising or identifying a product or business.
7.
Signs located within structures, including inside window signs intended to be seen from
outside of the building.
Page 121
C.
b.
Permanent on-premise directional signs are permitted in all Districts, (and are in
addition to the aggregate area limits specified in each Zoning District) subject to
the following:
(1)
(2)
This sign shall not exceed four (4) square feet in area per face.
(3)
(4)
This sign may be placed flat against a wall of a building or such sign
may be free standing, but shall be no higher than eight feet (8) above
grade.
(5)
(6)
(7)
The total number of directional signs is not limited, provided such signs
are not located within required setback yards.
(8)
Directional subdivision signs are permitted in any zone, and are subject
to that zone's square footage limitations. Unlighted signs advertising
subdivisions containing only the name of the subdivision, the name of
the developer and/or agent, an identification emblem and directional
message shall be permitted, provided:
(a)
There shall be no more than one (1) such sign for each
subdivision vehicular entrance, not to exceed a total of three (3);
and
(b)
Permanent off-premise directional signs are permitted for certain tourist and
recreation related businesses, which by their nature must be located away from
arterial highways, such as destination campgrounds and resorts. Such signs shall
be:
(1)
(2)
Limited to six (6) square feet of panel area, not to exceed eight feet (8)
in height above grade, unlighted.
(3)
"next right"), and a symbol or logo identifying the chain or name of the
business.
2.
(4)
Mounted on the same standard where more than one (1) such sign is
erected at any one (1) intersection and collocation elsewhere whenever
possible.
(5)
(6)
Limited to three (3) such signs providing direction to any one (1) parcel.
(7)
Shall be required to obtain a Use Permit (Section 582) for each sign.
Temporary, including portable, For Sale or rental signs are permitted in any
zone. One (1) on-site unlighted sign not exceeding six (6) square feet on each
street frontage adjoining a site, plus one (1) Open House sign not exceeding
six (6) square feet are allowed. Open house signs shall not be located in
landscaped parkways, street medians, or bike trails. When affixed to a parcel of
two (2) acres or larger, which lies contiguous to a major arterial highway with a
right-of-way width of at least one hundred fifty feet (150) at the location of the
sign, a sign shall be permitted not to exceed twelve (12) square feet in area.
Free-standing signs shall not exceed six feet (6) in height. All sale and rental
signs shall be removed within thirty (30) days from date of sale or rental, or after
removal of the property from the active market.
b.
Construction Signs are permitted, subject to the square footage limitations of the
respective Zoning District, and in no case to exceed a total of forty (40) square
feet in area for the project. On the site of a project actively under construction,
unlighted signs to identify each contractor, architect or engineer, etc., engaged in
a project are permitted. Free-standing signs shall not exceed eight feet (8) in
height. Such signs shall be removed within thirty (30) days after the completion
of the project or any cessation of construction activity for a continuous period of
six (6) months.
c.
d.
e.
3.
D.
Off-Premise signs other than directional signs described in Subsection C.1.b. above
shall be permitted only in the C3, M1, and M2 Zoning Districts.
2.
3.
4.
5.
Off-premise signs shall be located at least one thousand feet (1,000) from the property
to which it refers or advertises.
6.
In addition to the general provisions of this Sign Code, all off-premise signs shall
conform to the following development standards:
8.
a.
b.
c.
Shall not be located closer to a street than any existing building within one
hundred feet (100) thereof, but in no case closer to the street right-of-way than
twenty feet (20).
d.
E.
If any off-premise sign contains copy advertising a use, business or product no longer in
existence or available; or is left blank or damaged so as to be largely illegible; or is
maintained without copy or without "space available" advertising for a period exceeding
one hundred eighty (180) days or six (6) months, such sign shall be deemed abandoned
and such sign shall be removed within thirty (30) days of written notification.
SIGN REGULATIONS Specific to the Residential Districts: R1L (Single Family Limited),
RMM (Multi-Sectional Manufactured Homes), R1 (Single Family), R2 (Multi Family), OS
(Open Space), RCU (Rural Residential), and RCD (Residential Camping). No sign shall be
placed or maintained in any R1L, RMM, R1, R2, OS, RCU and RCD Districts, except as
follows:
1.
Permanent Signs:
a.
Name Plate Signs: A name plate sign identifying the name of the occupant of a
residence, the occupant's profession or title, and the address of the dwelling is
permitted, subject to the following:
(1)
This sign shall not exceed four (4) square feet in area, nor eight feet (8)
above grade at the sign.
(2)
This sign shall be located on the property to which it pertains and the
number of signs shall be limited to one (1) for each dwelling.
(3)
b. Identification Signs:
(1)
(2)
This sign shall not exceed twenty-four (24) square feet in area,
and may be double-faced.
(b)
(c)
(d)
frontage entrance, each not exceeding sixteen (16) square feet in area.
c.
2.
F.
(a)
(b)
(c)
2.
b.
The aggregate sign area on any one (1) property shall not exceed an area of one
(1) square foot for each linear foot of street frontage adjoining the property to
which it pertains, except that the total area need not be less than twenty-four
(24) square feet, and in no case shall the area exceed ninety-six (96) square feet.
c.
One (1) free-standing sign is permitted, the area of which may not exceed onethird (1/3) of the allowable total aggregate area for the property, except that the
area of the sign need not be less than sixteen (16) square feet. This sign may be
double-faced.
d.
Free-standing signs shall not exceed a height of twelve feet (12), except that
free-standing signs at Interstate Freeway Interchanges (see Definitions) in the
C1 Zoning District shall not exceed a height of thirty feet (30).
e.
f.
In addition to the signs described above, each separately housed business may
have one (1) portable on-premise identification or advertising sign, not to
exceed six (6) square feet in area, nor four feet (4) in height, which may be
double-faced. Such portable sign shall be included in the aggregate sign area
allowances. See Subsection A.19. (General Provisions) of this Section.
SIGN REGULATIONS Specific to the Medium Commercial C2 Zoning District. No sign shall
be placed or maintained in any C2 Zoning District, except as follows:
1.
2.
H.
b.
The aggregate sign area on any one (1) property shall not exceed an area of one
(1) square foot for each linear foot of street frontage adjoining the property to
which it pertains, except that the total area need not be less than twenty-four
(24) square feet, and in no case shall the area exceed one hundred twenty-eight
(128) square feet.
c.
One (1) free-standing sign is permitted, the area of which may not exceed onehalf (1/2) of the allowable total aggregate area for the property, except that the
area of the sign need not be less than twenty-four (24) square feet. This sign
may be double-faced.
d.
Free-standing signs shall not exceed a height of fifteen feet (15), except that
free-standing signs at Interstate Freeway Interchanges (see Definitions) shall not
exceed a height of thirty feet (30).
e.
f.
In addition to the signs described above, each separately housed business may
have one (1) portable on-premise identification or advertising sign, not to
exceed six (6) square feet in area, nor four feet (4) in height, which may be
double-faced. Such portable sign shall be included in the aggregate sign area
allowances.
SIGN REGULATIONS Specific to the Industrial Zoning Districts: C3 (Commercial and Minor
Industrial), M1 (Industrial: General Limited), and M2 (Industrial: Heavy). No sign shall be
placed or maintained in any C3, M1, or M2 Zoning District, except as follows:
1.
Signs may be attached to a wall of a building or such sign may be free standing
or portable.
b.
The aggregate sign area for any one (1) property shall not exceed an area of one
(1) square foot for each linear foot of street frontage adjoining the property to
which it pertains, except that the total area need not be less than sixty (60)
square feet and in no case shall the area exceed one hundred sixty (160) square
feet.
c.
One (1) free-standing sign is permitted, the area of which may not exceed onehalf (1/2) of the allowable total aggregate area for the property; except that the
area of the sign need not be less than twenty-four (24) square feet. This sign
Page 127
may be double-faced.
I.
d.
Free-standing signs shall not exceed a height of fifteen feet (15), except that
free-standing signs at Interstate Freeway Interchanges (see Definitions) shall not
exceed a height of thirty feet (30).
e.
2.
Off-premise Signs: Off-Premise Signs are permitted, subject to all regulations contained
in Subsection D (Off-Premise Signs) of this Section.
3.
SIGN REGULATIONS Specific to the PUD and PAD Zoning Districts and Use Permits:
Permanent and temporary signs are permitted as stipulated in the PUD, PAD, or Use Permit
approval, or, if not stipulated, consistent with the regulations of the Zoning District which most
closely approximates the approved uses.
J.
K.
Signs placed or maintained within any park are subject to all the regulations set forth
under Subsection E.1.a. (Name Plate Signs).
2.
Permanent park entrance signs shall comply with the regulations set forth under
Subsection E.1.c. (Subdivision Signs).
3.
Signs identifying travel trailer parks and recreational vehicle parks are subject to all the
regulations set forth under Subsection F for light commercial districts (RS, C1) or under
Subsection G for medium commercial districts (C2) depending on the zone in which the
park is placed.
OFFICE COMPLEXES, COMMERCIAL AND INDUSTRIAL CENTERS in the RS, C1, C2,
C3, M1, M2, PM, PAD Zoning Districts: Signs pertaining to a group of two (2) or more
businesses associated by a common agreement or common ownership with common parking
facilities are permitted, subject to the following regulations:
1.
The total aggregate area of all signs on the site pertaining to any one (1)
business shall not exceed thirty-two (32) square feet. However, if the portion of
the building adjacent to the street property line of that lot measures more than
forty feet (40), then the total aggregate area of one (1) face of all such signs on
the site may be increased in area at the rate of one (1) square foot of sign area
for each foot of building frontage in excess of forty (40) lineal feet. The total
aggregate area of all such signs on the site shall not exceed forty-eight (48)
square feet for each separate business. For corner buildings, only the main
entrance frontage shall be so measured.
Page 128
2.
b.
When two (2) or more businesses occupy one (1) building with common
entrances, (i.e., without separate entrances), they shall be considered one (1)
business for sign computation purposes.
c.
d.
b.
3.
L.
One (1) free-standing center identification sign per street frontage of the entire
site is permitted, provided that:
(1)
Such signs shall identify the center only, and shall not be counted in the
total aggregate sign area for individual business identification.
(2)
The maximum area does not exceed thirty-two (32) square feet per sign
and maximum height does not exceed twelve feet (12).
A second such free-standing sign shall be permitted for a lot whose street
frontage measures greater than two hundred feet (200). Where such second
sign is permitted, it shall be at least one hundred feet (100) from the other sign.
Directory signs may be provided to identify and direct, with location numbers and/or
arrows, to individual businesses in an office complex or commercial/industrial center, in
accordance with the following:
a.
b.
Each sign shall not exceed one (1) square foot in area. The area of such sign
shall be permitted in addition to the aggregate permitted in Subsection 1.a.
above.
c.
Such signs shall be placed together in one (1) or more groups at points nearest
the pedestrian entrances to the businesses so indicated.
d.
Such signs or groupings of signs shall be wall-mounted or mounted on freestanding monument sign standards.
e.
Such signs or groupings of signs shall not exceed six feet (6) in height.
SIGN PERMITS:
1.
Permit required: A sign permit shall be secured from the Yavapai County Development
Services Department prior to the erection, relocation, construction, installation or
substantial reconstruction (including painting or enlarging a painted sign on the surface
of a permitted structure) of any non-exempt sign exceeding six (6) square feet in area,
or higher than eight feet (8) above grade at the sign, regardless of value.
2.
Fees:
a.
b.
The sign permit fees established above shall be double in the event that the
erection, relocation, construction, installation or substantial reconstruction of
any sign is begun prior to the issuance of a sign permit, except when such
construction was done by a/the prior owner.
Page 129
3.
4.
Sign Permit Application: Each application for a sign permit shall be made at a County
Development Services Office on the appropriate form(s) and shall contain at a
minimum the following information:
a.
b.
Street address, if any, legal description of the property, and dimensions thereof.
In the case of a metes and bounds parcel (a parcel that is not part of a recorded
subdivision), a copy of the recorded legal description must be submitted with
the application.
c.
d.
e.
Type of sign and materials used, methods of support, free standing or other.
f.
g.
Dimensions of sign panel as well as bottom and top heights above grade.
h.
i.
j.
(2)
(3)
(4)
(5)
(6)
North designation.
(7)
k.
l.
Such other information as the Land Use Specialist may require for the purpose
of determining whether the application complies with the Ordinance
requirements.
m.
Name, address, and phone number of property owner and agent, if any.
n.
Sign Sticker or Tag: Each permitted sign shall display an official County tag or sticker
indicating its assigned permit number, affixed to the face or support of the sign, on the
side facing the street in a visible location.
Page 130
5.
Pre-Existing Signs:
a.
Legal conforming signs and legal non-conforming signs existing prior to the
effective date of this Ordinance, shall be permitted to continue subject to
General Provisions regarding the removal of dangerous or abandoned signs and
Off-Premise Signs of this Code, regarding obsolescence and abandonment.
Continuation shall include the right to repaint or change the message or copy on
the sign provided the size and height is not increased and provided the sign is
not converted from on-premise to off-premise use. Changes of ownership
and/or business name shall not in and of itself alter the right of continued use of
a sign.
b.
Pre-existing signs shall be inventoried and identified by the County as preexisting. Such signs shall have an identification tag or sticker affixed to its
surface by the County denoting its inventoried pre-existing status.
6.
Signs Not Requiring Permits: Signs not requiring permits by virtue of their height and
size must nevertheless comply with all other requirements and restrictions of this Code.
7.
Temporary Sign Permits: Signs with a limited duration of use, such as those provided in
Subsections A.2. (General Provisions), C.2. (Special Purpose Signs), and D.8. (OffPremise Signs), shall obtain a Temporary Sign Permit. The requirements and criteria
for such signs are as follows:
a.
b.
Temporary Sign Permits shall be issued for no more than one (1) year. An
extension of a Temporary Sign Permit shall be made the subject of an
application for a Use Permit.
c.
d.
The fee for a Temporary Sign Permit shall be the same as a permanent sign
permit, except as otherwise noted.
Page 131
The purpose of this Section is to minimize congestion of the public streets and to promote the safety
and welfare of the public. Off-street parking is required as accessory to principal uses permitted in the
District and Zoning Clearance(s) shall not be issued nor land uses authorized other than in conformity
with such parking requirements.
DEFINITIONS:
Circulation Area: Driveways and other maneuvering areas (other than parking aisles) used for access
to parking or loading areas or other facilities on the lot.
Driveway: That portion of the vehicle parking area that constitutes a travel lane for ingress-egress that
is not part of the vehicle parking area.
Gross Floor Area: The total area of a building measured by taking the outside dimensions of the
building at each floor level intended for any use.
Loading and Unloading Area: That portion of the vehicle parking area utilized for accessing
vehicles.
Parking Area: That portion of a lot that is used by vehicles for access, circulation, parking, and
loading and unloading. This area comprises the total of circulation areas, loading and unloading areas,
and parking areas (spaces and aisles).
Parking Area Aisles: That portion of the vehicle parking area consisting of lanes providing access to
parking spaces.
Parking Space: A portion of the vehicle parking area established or allocated for the parking of one
(1) vehicle.
Usable Area: In calculating the total number of required parking spaces, Usable Area shall mean the
area devoted to the specified use (does not include such spaces as kitchens, restrooms, hallways, etc.),
and the term "seat" shall also include each thirty inches (30") of bench seating when individual seats
are not provided.
Use: The purpose for which a building, or lot, or structure, is arranged, designed, occupied or
maintained.
Page 132
A.
B.
Maintenance of Existing Parking: All off-street parking required by this Section shall
be established and improved before operation of the use or uses requiring such parking
area may begin, and shall be maintained for the duration of such use.
2.
Existing off-street parking shall not be reduced or modified for any existing business
except in instances where parking space allocations meet all requirements of this
Zoning Ordinance regulations. Modifications to the parking allocation may be
considered by the Chief Land Use Specialist and/or the Board of Adjustments in
instances where the Institute of Traffic Engineer Standards further clarify the parking
ratio or allocation for a business not specified herein.
3.
The use of off-street parking space for the storage of merchandise, vehicles for sale or
rent, or for repair of vehicles, shall be expressly prohibited.
4.
When the use of any existing building, structure, or premises is changed to a new use,
or the intensity of the use is increased through the incorporation of additional dwelling
units, gross floor area, seating capacity, or other units of measurement specified for
required parking or loading facilities, and which change of use or intensity creates a
need for an increase in the total number of required parking spaces of ten percent (10%)
or twenty (20) spaces, either with a single change or cumulative changes, subsequent to
the effective date of this Ordinance, then parking and loading facilities as required shall
be provided for the entire building, structure or premises. When such an increase in
required parking is less than ten percent (10%) cumulatively, the change of use or
intensity is exempt from the requirements of this Section.
5.
Residential Uses:
Required off-street parking for single-family dwellings shall be provided on the same
site as the building or use being served. Off-street parking for multiple-family
dwellings or residences in PAD zoning districts may be provided in a parking area on
or off the site not farther than two hundred feet (200) from an entrance to each
dwelling unit it is intended to serve.
2.
Non-Residential Uses:
Required off-street parking shall be located on or off the site within three hundred feet
(300) of the building or use it is intended to serve, the distance being measured from
the nearest point of the building or use; provided, however, that parking facilities for
sports assembly, public assembly for outdoor entertainment, sports, and recreational
activities, resorts and group camps, or similar uses shall be located not farther than one
thousand three hundred feet (1,300) from the nearest point of such building or use.
The Chief Land Use Specialist may authorize off-premise parking including on-street
parking within three hundred feet (300) of the associated business, as part of a
development plan or proposal, in instances where use of the parking area is authorized
on a long-term basis by the property owner and/or the public jurisdiction that
administers public right-of-way.
Page 133
The Chief Land Use Specialist may deny a request to use off-premise or on-street
parking in instances where authorization may be on a temporary basis and/or if the
proposed off-premise parking plan is not in the interest of the public health, safety and
welfare. A decision to deny a development plan or proposal may be appealed to the
Board of Adjustments.
C.
D.
One (1) parking area may contain required spaces for several different uses, but except
as otherwise provided in this Section, the required space assigned to one use may not be
credited to any other use.
2.
3.
Shared Parking: By securing the consent to use off-street parking facilities under
another's ownership, which is not otherwise used or required during the principal
operating hours of usage, that consent shall be in written form and a copy filed with the
County Land Use Specialist. The number of parking spaces may be reduced up to a
maximum of twenty percent (20%) of the total spaces required. In the event the off-site
spaces are or become no longer available, the owner shall provide additional parking to
meet this requirement.
4.
Each parking space shall contain a rectangular area at least twenty feet (20) long and
nine feet (9) wide. Lines demarcating parking spaces may be drawn at various angles
in relation to curbs or aisles, so long as the parking spaces so created contain within
them the rectangular area required by this Section.
2.
In parking areas containing ten (10) or more parking spaces, up to twenty percent
(20%) of the parking spaces may contain a rectangular area of only seven and one-half
feet (7) in width by fifteen feet (15) in length. If such spaces are provided, they
shall be conspicuously designated as reserved for small or compact cars only.
3.
Parking area aisle widths shall conform to the following table, which varies the width
requirement according to the angle of parking:
PARKING ANGLE
0
30
45
60
90
One-Way Traffic
13 ft.
11 ft.
13 ft.
18 ft.
24 ft.
Two-Way Traffic
19 ft.
20 ft.
21 ft.
23 ft.
24 ft.
Page 134
E.
F.
4.
Where such areas are contiguous to a rural or residential district (except when separated
by a public street), a solid wall six feet (6) in height shall be installed on the District
boundary line, said wall to be reduced to four feet (4) in height within the front yard
area of the abutting rural or residential district.
5.
Access: Space utilized for ingress and egress for a parking area shall be from a two (2)way driveway and shall not exceed thirty feet (30) in width measured along the street
frontage R.O.W. (right-of-way) and a minimum width of twenty-four feet (24) and
shall not constitute more than twenty-five percent (25%) of the total frontage of the
parking area.
6.
Entrances and exits to parking lots and other parking facilities shall be provided only at
defined entry and exit locations approved by the Development Services Department.
Ingress and egress from parking areas shall not be located less than thirty feet (30)
from any intersection R.O.W.
7.
Passenger Drop-off Points: Drop off points separated from street traffic and readily
accessible without hazardous maneuvering, shall be provided in conjunction with the
following uses: Hotels, motels, hospitals and clinics, educational facilities with fifty
(50) or more pupils, daycare centers, religious facilities with one hundred (100) or more
seats, transit terminals, major recreational facilities, commercial airports, public
buildings and offices and financial services greater than five thousand (5,000) square
feet of gross floor area.
2.
Vehicle parking areas for all developments shall be designed so that sanitation,
emergency, and other public service vehicles can serve such developments.
3.
Every vehicle parking area shall be designed so that vehicles do not extend beyond the
perimeter of such area onto adjacent properties or public rights-of-way.
4.
All lights used to illuminate parking spaces shall be installed pursuant to Section 603
(Outdoor Light Control). Said lights shall be no greater than eighteen feet (18) in
height.
5.
Requirements for handicapped parking and access are required pursuant to A.R.S. 411492.01 et. seq.
For a use not specifically listed, requirements shall be the same as those for the most
similar use listed as determined by the Development Services Department.
2.
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3.
Parking for Places of Public Assembly: Buildings used for public assembly, whether
erected following the adoption of this Ordinance or converted subsequently for same,
parking shall be provided as indicated in the Requirements for Off-Street Parking
Spaces on the following pages.
REQUIREMENTS FOR OFF-STREET PARKING SPACES
1. RESIDENTIAL USES
a. One or two-family residence; multiple dwellings;
efficiency units; one-bedroom units; two or more bedroom
units.
b. Rooming houses, fraternities, sororities, resident-clubs,
lodges, boarding houses.
c. Manufactured home parks and subdivisions.
d. Elderly housing developments.
e. Churches, religious institutions, including associated
residential structures for religious personnel.
2. COMMERCIAL SALES/SERVICES
a. Restaurants, bars, cocktail lounges.
1. No carry-out; no drive-in and no delivery service.
2. Including carry-out/delivery service, including drive-in
service and on-site consumption.
b. Mortuaries, funeral homes.
c.
1. Self-service laundries.
2. Dry-cleaners.
d. Open air businesses including used-car lots.
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One (1) per two (2) gas pumps plus one (1)
space per two hundred (200) sq. ft. of gross
floor area of building devoted primarily to gas
sales operation.
g. Carwash
1. Automatic/Conveyer type.
2. Manual/self-service.
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3. MANUFACTURING/INDUSTRIAL USES
4. SCHOOLS
a. Nursery schools, day care centers.
b. Elementary schools.
c. Secondary schools
d. Trade or vocational schools.
e. Colleges, universities, community colleges.
G.
Single-family dwelling sites, used for one (1) permanent dwelling only, irrespective of
plan area designation or Zoning District, shall be exempt from parking area
improvements.
2.
Manufactured Home Park office area shall meet standards for commercial uses
thresholds for improvements.
3.
Commercial Uses Thresholds for Improvements (See table that follows this Section):
a.
b.
Vehicle parking areas for commercial businesses shall be paved with asphaltic
concrete or other dust free material pursuant to County Resolution #1036, and
shall be properly drained to prevent impoundment of surface water in the
following instances:
(1)
(2)
Vehicle parking areas that are less than three thousand six hundred (3,600)
square feet of parking area or less than ten (10) parking spaces shall be graded
and provided with an all-weather surface, dust-free gravel surface, or equivalent
in conformance with County Fire District regulations and approved by the
County Engineer, and shall be properly drained to prevent impoundment of
surface water. Parking areas with gravel surface need not be marked; however,
they must be set off from the street and from other portions of the site by
curbing or equivalent screening around the perimeter of the parking area, except
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Vehicle parking areas that are not provided with the type of surface specified in
Subsection G.1. through G.3. shall be paved with a bituminous surface
treatment in accordance with adopted County improvement standards, or with
an equivalent treatment approved by the County Engineer, and shall be properly
drained to prevent impoundment of surface water. The perimeter of such
parking areas shall be defined by bricks, stones, railroad ties, or other similar
devices.
d.
THRESHOLDS
ABC
X
X
I.
J.
21-50 spaces
51 spaces and over
Each parking lot provided for employees or visitors is required to have accessible
(handicap) parking spaces.
2.
Accessible parking spaces must be the closest spaces to the buildings accessible
entrance.
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3.
Accessible spaces must be at least ninety-six inches (96") wide with a clearly marked
adjacent access aisle of sixty inches (60"). Two (2) spaces may share a common aisle.
(See Diagram A below)
4.
5.
Spaces and aisles must be level with no slope greater than 1:50.
6.
All accessible parking spaces must have an unobscured vertical sign that shows the
universal symbol of accessibility. (See Diagram B below)
7.
1 to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
501 to 1000
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UNDESIRABLE DESIGN
PREFERRED DESIGNS
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II.
In all Zoning Districts, for every building or part thereof; erected or enlarged after the effective date of
this Ordinance, which is occupied by a Use receiving or distributing materials or merchandise by
motor truck, there shall be provided and maintained on the same premises as the building or Use,
adequate off-street loading space meeting the minimum requirements hereinafter specified. Loading
space shall not be considered as satisfying requirements for off-street parking space.
A.
B.
LOCATION:
Required off-street loading space shall not be permitted in any front yard, nor in any required
side yard except in a non-residential district where a side yard abuts an alley. Off-street
loading space may occupy all or any part of a required rear yard, except as otherwise provided
for, and may be partially or entirely enclosed within a building.
C.
ALLEYS:
Where a building or Use in a non-residential district abuts an alley, such alley may be used as
maneuvering space for loading and unloading spaces; provided, however, that no alley abutting
any residential district may be so used.
D.
SIZE:
Every required off-street loading space shall have a minimum width of twelve feet (12), a
minimum length of forty-five feet (45) and a minimum height of fourteen feet (14), exclusive
of access aisles and maneuvering space.
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INTRODUCTION:
1.
Incorporation By Reference:
A.R.S., Title 49, Chapter 7, Light Pollution, 49-1101 et seq., is hereby incorporated by
reference.
2.
Mission Statement:
To afford every citizen of Yavapai County the flexibility to engage in the pursuit of
safe, effective lighting practices for the purpose of commerce and private use without
being impeded upon or impeding upon other citizens desiring a more pristine nighttime
environment free from light pollution, waste, trespass, or clutter while providing
nighttime safety, security and productivity.
3.
4.
The use of outdoor lighting is often necessary for adequate nighttime safety and
utility, but common lighting practices can also interfere with other legitimate
public concerns. Principle among these concerns are: (1) the degradation of the
nighttime visual environment by production of unsightly and dangerous glare,
(2) unnecessary waste of energy and resources in the production of too much
light or wasted light, (3) interference in the use or enjoyment of property which
is not intended to be illuminated at night, (4) the loss of the often-neglected
scenic view of the heavens due to increased urban skyglow and (5) lighting
practices that interfere with the health and safety of Yavapai County citizens and
visitors. It is hereby recognized that these different interests of safety, utility
and those of aesthetic appearance need not compete. Good modern lighting
practices can provide adequate light for safety and utility without excessive
glare or light pollution. Careful attention to questions of when and where and
how much nighttime lighting is needed will lead to better lighting practice from
all viewpoints.
b.
c.
Conflicting Regulations:
In the event of conflict between the regulations set forth in this Section of the Ordinance
and any other regulations applicable to the same area, the more stringent limitation or
requirement shall govern.
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B.
DEFINITIONS:
As used in this Ordinance, unless the context clearly indicates otherwise, certain words and
phrases shall mean the following:
Class 1 Lighting: means all outdoor lighting used for but not limited to outdoor sales or eating
areas, assembly or repair areas, advertising and other signs, recreational facilities and other
similar applications where color rendition is important to preserve the effectiveness of the
activity.
Class 2 Lighting: means all outdoor lighting used for but not limited to illumination for
walkways, roadways, equipment yards, parking lots and outdoor security where general
illumination of the grounds is the primary concern.
Class 3 Lighting: means any outdoor lighting used for decorative effects, including but not
limited to architectural illumination, flag monument lighting, and illumination of trees, bushes,
etc.
Development Project: means any residential, commercial, industrial or mixed use subdivision
plan or individual building development or remodeling plan, which is submitted to the County
for approval.
Direct Illumination: means illumination resulting from light emitted directly from a lamp,
luminaire or reflector, not light diffused through translucent signs or reflected from other
surfaces such as the ground or building faces.
Footcandle (fc): is a unit of measure used to specify illuminance; how much light is falling per
square foot onto a surface. One (1) footcandle of illumination arises when one (1) lumen is
spread onto one (1) square foot of surface. It is the luminous flux per unit area in the Imperial
system. One (1) footcandle equals approximately 10 lux.
Fully Shielded Fixture: means that fixtures are shielded in such a manner that light rays
emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected
below the horizontal from the lowest point of the bulb within the fixture.
A practical working way to determine if a fixture or tube is fully shielded: if the lamp or tube,
any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or
directly from the side, from any angle around the fixture or tube, the fixture or tube is not fully
shielded.
Examples of fixtures that are Fully Shielded (Note: to be fully shielded these fixtures must be
closed on top and mounted such that the bottom opening is horizontal.):
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*
*
*Note: even though the lamp in these fixtures is shielded from direct view when viewed from
the side or above, reflective surfaces within the fixture and or lens covers are directly visible
from the side.
Note for luminous (neon) tubes: when such lighting is installed under or behind a roof
overhang, if the roof line or eave is not horizontal the tubing may be visible from above when
viewed from the side and therefore be unshielded.
Glare: is the sensation produced by a bright source within the visual field that is sufficiently
brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss of
visual performance and visibility; blinding light; glare and blinding light may be dangerous to
the public health and safety, as they may contribute to vehicular or other accidents. The
magnitude of glare depends on such factors as the size, position, brightness of the source, and
the brightness level to which the eye is adapted.
Installed: means attached, or fixed in place, whether or not connected to a power source.
Light Pollution: is any adverse effect of manmade light.
Light Trespass: is spill light falling over property lines that illuminates adjacent grounds or
buildings. Direct illumination shall be confined to the property boundaries of the source.
Lumen: is the unit used to measure the actual amount of visible light, which is produced by a
lamp as defined by the manufacturer. For purposes of determining compliance with this
Ordinance, initial (not maintained or mean) lumen outputs of lamps (not fixtures) are the
values to be considered. Examples of lumen output of typical generic incandescent bulbs (W=
Watt and L= Lumen) 60 W = 840 L, 75 W = 1125 L, 100 W = 1600 L, 150 W = 2780 L, 300 W
= 4620 L.
Luminaire: means the complete lighting assembly, less the support assembly; a light fixture.
Multi-class Lighting: means any outdoor lighting used for more than one purpose, such as
security and decoration, when those purposes fall under the definitions for two (2) or more
lighting classes as defined for Class 1, 2 and 3 Lighting above.
Motion Sensing Security Lighting: means a fixture designed, and properly adjusted, to
illuminate an area around a residence or other building by means of the automatic switching on
a lamp when motion is detected inside the area or perimeter, and automatic switching of the
lamp off when the detected motion ceases.
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Neon Lighting: means lighting using luminous gas filled tubes often formed into text, symbols
or decorative elements. Neon Lighting includes tubes with typical diameters of ten (10) to
twenty (20) millimeters filled with neon, argon, xenon, or other gasses and producing various
colors of light. Not included are replaceable fluorescent tubes.
Net Acreage: means the remaining ground area of a parcel after deleting all portions for
proposed and existing public rights-of-way and undeveloped area.
Outdoor Light Fixtures: means all outdoor illuminating devices, reflective surfaces, lamps
and other devices, either permanently installed or portable, which are used for illumination or
advertisement. Such devices shall include, but are not limited to, search, spot and floodlights
for:
(1) Buildings and structures.
(2) Recreational areas.
(3) Parking lot lighting.
(4) Landscape and architectural lighting.
(5) Billboards and other signs (advertising or other).
(6) Street lighting.
(7) Product display area lighting.
(8) Building overhangs and open canopies.
(9) Security lighting.
(10) Pedestrian areas or walkways.
Outdoor Recreation Facility: means an area designed for active recreation, whether publicly
or privately owned, including but not limited to parks, baseball and softball diamonds, soccer
and football fields, golf courses, tennis courts, roping/equestrian activities and swimming
pools.
Person: includes a corporation, company, partnership, firm, association or society, as well as a
natural person.
Security Lighting: is lighting designed to illuminate a property or grounds for the purpose of
visual security. This includes fully shielded lighting designed to remain on during nighttime
hours in the absence of business activity as well as motion sensing lighting fixtures.
Street Lighting: refers to lighting installed by or at the direction of the County or other
governmental agency to illuminate public roadways.
Temporary Lighting: means lighting which does not conform to the provisions of this
Ordinance and which will not be used for more than one (1) thirty (30) day period within a
calendar year. Temporary lighting is intended for uses, which by their nature are of limited
duration, e.g., business grand openings or special civic event. Road and construction projects
are excluded.
Total Outdoor Light Output: means the maximum total amount of light, measured in lumens,
from all lamps used in outdoor light fixtures on a property. For lamp types that vary in their
output as they age (such as high pressure sodium and metal halide), the initial output, as
defined by the manufacturer, is the value to be considered. Includes lighting from all area
lighting fixtures, external sign illumination and decorative (non-sign) neon tubes, but does not
include lighting used for permitted internally illuminated signs. Also does not included interior
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lighting, provided however such lighting is directed and or shielded in such a manner that it
will not project primarily outside the building or create glare or light trespass. Lighting used
under service station canopies is included toward the total output at twenty-five percent (25%)
of the rated output of the lamps (see Subsection C.4.d.(4)). Street lighting is exempt from total
lumen count.
Unshielded Fixture: means an outdoor light fixture that allows light to be emitted above the
horizontal direction from the lowest point of the bulb within the fixture.
Watt: is the unit used to measure the electrical power consumption (not the light output) of a
lamp.
C.
LIGHTING REQUIREMENTS:
1.
Preferred Source:
Due to their high energy efficiency, long life and spectral characteristics, low-pressure
sodium (LPS) lamps are currently the preferred illumination source throughout the
County. Their use is encouraged for outdoor illumination whenever its use would not
be detrimental to the use of the property.
2.
a.
Class 1 Lighting: Businesses who choose to use at least eighty percent (80%)
LPS for their Class 1 application are eligible to apply for an additional ten
percent (10%) increase in the lumens per acre allowed for their site.
b.
Class 2 Lighting: LPS lamps are required though up to ten percent (10%) of the
total lumens used for Class 2 lighting may be non-LPS light. Ten percent (10%)
white light added to the LPS light permits nearly normal color perception.
General:
a.
Outdoor floodlighting by flood light or spot light projection above the horizontal
is prohibited except for unshielded fixtures specifically permitted under
Subsections C.4.e and C.4.f and properly adjusted motion sensing security
lighting fixtures as defined in Subsection B.
b.
All commercial light fixtures are required to be shielded and shall be installed in
such a manner that the shielding complies with the definition of fully shielded
fixtures. Residential requirements and exceptions are provided in Subsection
C.3. Building lighting that incorporates the colors of a company logo,
trademark or sign shall be considered as signage.
c.
All light fixtures, including security lighting, except street lamps, shall be aimed
or shielded so that the direct illumination shall be confined to the property
boundaries of the source. Particular care is to be taken to assure that the direct
illumination does not fall onto or across any public or private street or road.
Motion sensing lighting fixtures shall be properly adjusted, according to the
manufacturers instructions, to turn off when detected motion ceases.
d.
Installation of new mercury vapor light fixtures has been prohibited since May
22, 1985 in Yavapai County. Only mercury vapor replacement bulbs shall be
sold or installed for use as outdoor lighting within Yavapai County and the use
of mercury vapor light fixtures for outdoor lighting is prohibited after January 1,
2005.
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3.
e.
Search lights, laser source lights, strobe or flashing lights, or any similar highintensity portable and or temporary light shall not be permitted, except for those
utilized by law enforcement, emergency services personnel, public utilities and
road construction/maintenance crews or at their direction.
f.
Class 1 Lighting, including but not limited to, sales, service, commercial,
assembly, repair, maintenance, and industrial areas, may only continue in
operation until 10:00 p.m., or for as long as the area is in active use but once off
remain off during non-business hours.
g.
h.
Class 3 Lighting shall be extinguished after 10:00 p.m. or when the business
closes, whichever is later and remain off during non-business hours, lowwattage decorations for recognized holidays shall be counted towards the
business properties total lumen count. Flagpole lighting is exempt.
(1)
(2)
i.
Multi-class lighting, except for security lights, must conform to the time
limitations of the most strict class.
j.
Except as permitted in Subsections C.4.b, C.4.d and C.4.f, total outdoor light
output (see Definitions), excluding streetlights used for illumination of public
rights-of-way, of any development project other than single-family residential
(see Subsection C.3) shall not exceed one hundred thousand (100,000) lumens
per net acre, averaged over the entire property. Of this total no more than five
thousand five hundred (5,500) lumens per net acre may be used in unshielded
fixtures.
Residential:
a.
b.
4.
c.
Lighting Amount: Residential parcels containing more than one (1) acre are
allowed twenty thousand (20,000) lumens of lighting. Residential parcels
containing one-half () acre to one (1) net acre are allowed ten thousand
(10,000) lumens of lighting. Residential parcels containing less than one-half
() acre are allowed seven thousand five hundred (7,500) lumens of lighting.
Motion sensing lights as defined in Subsection B shall not be subject to the
noted lumen cap. Motion sensing lights can be turned to constant on for the
purposes of illuminating yard areas for private recreational activities such as
barbeques, parties, working with livestock or other similar gatherings without
need for a temporary permit so long as they are returned to their automatic
settings at the conclusion of the activity.
d.
e.
Curfew: None
f.
Exemptions: The following fixtures are exempt from shielding and lumen
requirements unless otherwise noted.
(1)
(2)
(3)
(4)
(5)
Commercial/Non-Residential:
a.
Airport:
Airport lighting which is required for the safe and efficient movement of aircraft
during flight, take-off, landing and taxiing is exempt from the provisions of this
Ordinance. Lighting used for illumination of aircraft loading, unloading, and
servicing areas is exempt from the lumens per net acre limits of Subsection
C.2.j, although it must conform to all other requirements of this Ordinance. All
other outdoor lighting at airport facilities shall comply with the provisions of
this Ordinance.
b.
(2)
Shielding: All such lighting shall utilize fully shielded luminaires that are
installed in a fashion that maintains the fully-shielded characteristics.
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c.
(3)
(4)
Off-Site Spill: The installation shall limit off-site spill (off the parcel
containing the display lot) to a maximum of 0.5 fc at any location on any
non-residential property, and 0.05 fc at any location on any residential
property, as measurable from any orientation of the measuring device.
(5)
Curfew: Outdoor Display Lot lighting exceeding the lumens per acre cap
of Subsection C.2.j shall be turned off at 10:00 p.m. or within thirty (30)
minutes after closing of the business or activity whichever is later and
once off remain off during non-business hours. Lighting in the Outdoor
Display Lot after this time shall be limited to Class 2 lighting, and shall
conform to all restrictions of this Ordinance applicable for this class,
including the lumens per acre caps in Subsection C.2.j and lamp type
standards of Subsection C.1.
(6)
Parking Lot:
Lighting Standards (poles) shall be sized in such a manner that the top of any
luminaire does not exceed eighteen feet (18) above adjacent grade, unless
otherwise stipulated as a condition of approval for new projects.
d.
Service Station:
(1)
(2)
(3)
Canopy Lighting Amount: The total light output used for illuminating
service station canopies, defined as the sum of under-canopy initial barelamp outputs in lumens, shall not exceed sixty (60) lumens per square
foot of canopy. All lighting mounted under the canopy, except internally
illuminated signs, shall be included in the total.
(4)
e.
Signs:
(1)
(2)
(3)
All illuminated signs shall be turned off at 10:00 p.m. or when the
business closes, whichever is later and once off remain off during nonbusiness hours. Signs subject to this curfew must have functioning and
properly adjusted automatic timers.
(a)
(b)
Shielding/Use Code:
A = allowed, unshielded, F = allowed, fully shielded
LAMP TYPE
Class 1, 2 and 3 Lighting:
SHIELDING
F (See Note 1)
A (See Note 2)
A (See C.2.c)
Note 1. Examples of lamp types of 2050 lumens and below (the acceptability of
a particular light is decided by its initial lumen output, not wattage. Values listed
here are approximate. Check manufacturers specifications):
a.
b.
c.
d.
Note 2. Lights shall be shielded or directed to minimize light spilled into the
night sky or adjacent properties.
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f.
5.
Sports Field:
(1)
Class: Lighting, in all cases, for all outdoor athletic fields, courts, pools,
tracks or ranges shall be considered Class 1 (Color Rendition). Sports
field lighting at schools is exempt from this Ordinance as provided for in
Section 201 (Applicability and Exemptions) regarding publicly owned
and operated facilities used for essential government purposes.
(2)
(b)
(3)
Lighting Amount: When the proposed lumens per acre exceeds the limits
of Subsection C.2.j, the installation shall be designed to achieve no
greater than the minimum illuminance levels for the activity as
recommended by the Illuminating Engineering Society of North America
(IESNA). If IESNA has more than one applicable recommended
practice, then the lowest figure shall apply. Street lighting is exempt
from the total lumen count for a given property.
(4)
Off-Site Spill: The installation shall also limit off-site spill (off the parcel
containing the sports facility) to a maximum of 0.5 fc at any location on
any non-residential property, and 0.05 fc at any location on any
residential property, as measurable from any orientation of the measuring
device. If lighting products are not available to meet these standards,
then the product providing the lowest off-site spill levels shall be
required.
(5)
(6)
(7)
Non-Field Lighting: All site lighting not directly illuminating the field,
court, track or range shall conform to all applicable standards of this
Ordinance
Non-Conforming Uses:
a.
Mercury vapor lamps in use for outdoor lighting on the effective date of this
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D.
b.
c.
d.
In the event that the use of an outdoor lighting fixture is discontinued for six (6)
months or is damaged to the point of requiring repairs for safe operation, the
repaired or replacement fixture shall comply with the provisions of this
Ordinance.
PERMITS:
1.
2.
The provisions of this Section of the Ordinance are not intended to prevent the
use of any design, material or method of installation or operation not
commercially available or specifically prescribed by this Ordinance, provided
any such alternate has been approved.
b.
The Development Services Director or his designate may approve any such
proposed alternate provided that such alternate:
(1)
(2)
b.
(2)
(3)
3.
Temporary Permits:
a.
b.
4.
If the Development Services Director determines that the proposed lighting does
not comply with this Ordinance, the permit shall not be issued or the plan
approved.
The Development Services Director may grant a permit for temporary lighting if
he or she finds all of the following:
(1)
The purpose for which the lighting is proposed is not intended to extend
beyond thirty (30) days;
(2)
(3)
The proposed lighting will comply with the general intent of this
Ordinance; and
(4)
The Development Services Director shall rule on the application within five (5)
business days from the date of submission of the request and notify the applicant
in writing of his or her decision. The Development Services Director may grant
one (1) renewal of the permit for an additional thirty (30) days if he or she finds
that, because of an unanticipated change in circumstances, a renewal would be
in the public interest. The Development Services Director is not authorized to
grant more than one (1) temporary permit and one (1) renewal for the same
property within one (1) calendar year.
Variances:
Any person desiring to install an outdoor lighting fixture in violation of this Ordinance
may apply to the Board of Adjustment for a variance from the regulation in question.
Such variances shall be allowed only as provided by Section 207 (Adjustment Board).
Commercial light installations that are removed or relocated during a building remodel
will be required to meet the then current Ordinance requirements.
B.
Purpose: Yavapai County establishes this Ordinance in order to provide for the uniform
assignment of property numbers, to provide for the naming of new streets and renaming
of old streets with conflicting or duplicate names in order to provide for efficient
emergency services and provide for the safety of the residents of Yavapai County,
providing for the enforcement of said Ordinance, and prescribing penalties for the
violation thereof, as authorized by A.R.S. 11-811 et seq. and 11-251.05.
2.
Short Title: For the purposes of identification, these regulations shall be known as the
"Street Naming and Addressing Ordinance for Yavapai County".
APPLICABILITY:
This Ordinance shall apply to all lands within the unincorporated area of Yavapai County and
any incorporated areas included through intergovernmental agreement.
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C.
SEVERABILITY:
Should any article, section or regulation of this Ordinance be judicially declared
unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a
whole, or any portion thereof other than the article, section or regulation so declared to be
unconstitutional or invalid.
D.
REPEALS:
This Ordinance repeals and rescinds all addressing and street naming standards approved in
Resolutions #458 (adopted by B.O.S. 3-9-81), #700 (Adopted by B.O.S. 10-14-86) and #800
(adopted by B.O.S. 8-7-89).
E.
DEFINITIONS:
For the purposes of this Ordinance, the following terms are defined as follows:
Address: A property location identification including the following elements: Number,
Directional Prefix, Street Name, (Unit Number, if applicable).
Addressing Official: The Development Services Director charged with the administration of
these standards.
Baseline: A north-south or east-west line used as a zero starting point for address numbers in a
grid system.
Dedicated Street: A named or unnamed roadway located on land that is publicly owned and
reserved for public access (a.k.a. public dedicated right-of-way).
Directional Prefix: A prefix assigned to a street based on its overall direction and its location
within a grid system. The directional prefix is not part of the street name, but for addressing
and 9-1-1 purposes.
Frontage: The direction a building faces, or the point at which a private driveway meets a
named roadway.
Grid System: Addressing system whereby address numbers are assigned based on distance
from a baseline.
Hundred Block: An incremental breakdown (one-tenth) of a thousand grid.
Origin: The point at which the north-south and east-west baselines meet in a grid system.
Pre-existing Addressing System: An addressing system for an area, in use prior to adoption
of this Ordinance, which remains the official addressing system for that area as determined by
the Addressing Official.
Private Driveway: An unnamed roadway not located on publicly owned land, or land under
public jurisdiction, providing access to one or more buildings. Also, a private street is not
owned by a public entity.
Street Name: The official name of a roadway including a name and a suffix designation.
Suffix Designation: A descriptive qualifier at the end of a street name.
Thousand Grids: Grid numbers in multiples of one thousand (1,000) located primarily on
section lines.
Unit Number: A number affixed to an address number indicating a separate unit (apartment,
suite, etc.) within a building or complex that is assigned a single address.
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F.
GENERAL PROVISIONS:
1.
Authority:
a. Only the Board of Supervisors, or the Addressing Official or authorized
representative, may assign, approve, or change an address.
2.
b.
c.
The County Engineer may, when available, provide the Addressing Official
with maps and legal descriptions pertinent to any action or proposed action
which may affect addressing and street naming including re-alignments,
abandonments, and right-of-way planning and acquisition.
d.
Enforcement:
a.
b.
In the event that the owner or occupant or person in charge of any house or
building refuses to comply with the terms of this Ordinance by failing to affix
the number assigned within sixty (60) days, to remove any old numbers affixed
to such house, or house entrance, or elsewhere, which may be confused with the
number assigned thereto, he shall be subject to civil penalty. Each day the
property does not comply with this Ordinance represents a separate violation.
c.
All violations of this Ordinance shall result in a civil penalty being assessed and
shall fall under the jurisdiction of a County Hearing Officer appointed for this
purpose, pursuant to A.R.S. 11-815 (E). The Hearing Officer shall not have
the jurisdiction to impose criminal penalties. All rules for procedure for
hearings in front of the County Hearing Officer shall apply to civil violations
arising under this Ordinance.
d.
Penalties:
e.
(1)
For a first violation of this Ordinance, the penalty shall be not less than
Fifty ($50.00) Dollars for an individual person or One Hundred Dollars
($100.00) for an enterprise and shall not be more than Three Hundred
Dollars ($300.00) for an individual person or Six Hundred Dollars
($600.00) for an enterprise.
(2)
For a second or subsequent violation arising out of the same facts, the
penalty shall not be less than One Hundred Dollars ($100.00) for an
individual person or Two Hundred Dollars ($200.00) for an enterprise
and shall not be more than Five Hundred Dollars ($500.00) for an
individual person or One Thousand Dollars ($1,000.00) for an
enterprise.
In the event that the street name petitioner refuses to comply with the terms of
this Ordinance by failing to install street name signage within sixty (60) days
and, if applicable, removing any old inaccurate street name signage along the
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roadway, the petitioner shall be subject to civil penalty. Each day the petitioner
does not comply with the Ordinance represents a separate violation.
3.
Appeals:
Any owner of property whose address has been changed by a decision of the
Addressing Official may appeal to the Board of Supervisors within fifteen (15) days of
the decision.
G.
Names should be pleasant sounding, appropriate, easy to read (so that the
public, and children in particular, can pronounce the name in an emergency
situation), and should add to the pride of home ownership.
b.
Street names shall not be duplicated; all new street names must be unique within
Yavapai County (including incorporated areas). A street name is considered a
duplicate if any of the following conditions exist:
c.
d.
(1)
A street has the same name as another street even if their suffix
designations differ.
(2)
(2)
(3)
(4)
(5)
Cul-de-sacs shorter than two hundred feet (200') and providing access to
five (5) or fewer lots should not be named and should assume the name
of the intersecting through street. However, where there is a series of
long and short cul-de-sacs, all should have separate names.
(2)
A cul-de-sac may bear the same name as its intersecting through street
with a different suffix designation without being considered a name
duplication.
(3)
(4)
e.
(5)
(6)
The County does not accept any liability for maintenance or signage by
naming private roadways. Naming of private roads is done in the
interest of public safety.
Suffix Designations:
(1)
(2)
f.
Appropriate street name suffixes include, but are not limited to, the
following:
(a)
(b)
(c)
All street name signs for dedicated streets and private streets shall
conform to the following standards:
(a)
(b)
(c)
(d)
(e)
Four inches (4") shall be the minimum letter height for names.
(f)
(g)
(h)
(i)
(j)
(2)
g.
H.
(2)
Filing:
Yavapai County will only review and consider roadway name changes for the purposes
of public safety, health, and welfare. Any person may initiate hearings to name or
change the name of a public or private roadway within Yavapai County by filing a
petition with the Clerk of the Board of Supervisors, or the Clerks designate. This filing
shall include a fee as adopted by the Board. Subject petition shall contain the signatures
of at least fifty-one percent (51%) of the property owners adjacent to the roadway.
Accompanying the petition and fee shall be the following items:
a.
b.
A letter stating the reasons why the street name change is needed. (i.e.,
eliminate duplicate name, help improve emergency services to the area, how the
request conforms to Section G.1.a through c, etc.)
c.
A map giving the location of the road that is the subject of the petition.
d.
e.
Description of the beginning and end of subject road. Forms for this process are
available from the Office of the Clerk of the Board of Supervisors.
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Forms for this process are available from the Office of the Clerk of the Board of
Supervisors and the Development Services Department.
2.
Hearing:
Upon receipt of a petition for a road name change, the Clerk of the Board of
Supervisors shall set a hearing date before the Board of Supervisors allowing adequate
notice to the public. Notice of the hearing shall be by first-class mail to those persons
whose names appear on the petition and list of non-signers at least two (2) weeks prior
to the hearing date. In addition, notice of the hearing shall be published once in the
County Newspaper and once in a newspaper with a general circulation in the area of the
proposed road name change if available, at least one (1) week prior to the hearing.
Notices of the hearing shall be posted by the applicant at the beginning and the end of
subject roadway and at intersections. At the hearing, the Board of Supervisors may
grant the request by Resolution, deny the request, or hold the matter until a stated time
and date for further consideration.
3.
Protests:
Any person may appear in protest to the requested road name change at the hearing or
submit written protests at least twenty-four (24) hours in advance of the hearing. Once
a petition for road name change has been submitted, any person signing the petition
may protest the action, but no signature(s) may be withdrawn.
4.
Exceptions:
The Board of Supervisors may elect to initiate a roadway name change without filing a
petition and waive any fee requirements or other portions of this process.
5.
6.
Effective Date:
A road name change shall become effective upon recordation of the Board Resolution,
sixty (60) days after the date of Board approval unless a longer term is designated by
the Board.
7.
Upon adoption of a private street name, the street name petitioner shall be
responsible for placing street name sign(s) at the intersection(s) where the
Addressing Official or designee designates along this roadway within sixty (60)
days of the roadway being officially named. The street name sign shall be
constructed and installed in accordance with this Ordinance.
b.
Private streets names prior to this amendment should be signed by the property
owners/residents adjacent to the referenced street in accordance with this
Ordinance.
c.
Roadways renamed should be signed by the party that initiated the street name
change.
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I.
ADDRESSING STANDARDS:
1.
Address Numbers:
a.
b.
Address numbers shall be assigned with even numbers on the north side of eastwest streets and the west side of north-south streets, and with odd numbers on
the south side of east-west streets and the east side of north-south streets.
c.
An address shall be complete and official only if it contains all of the following
elements:
d.
2.
(1)
(2)
(3)
When assigning addresses on a street that traverses through two grids, the
Addressing Official will assign the addresses using the grid representing the
Emergency Service Zone (ESZ) (i.e.: Law Enforcement Agency, Fire Protection
Agency, Emergency Medical Service and Primary PSAP for answering 9-1-1
calls) where the majority of the street is located.
Frontage:
a.
b.
Where two (2) or more separate businesses or residences are contained in one
(1) building or complex, a single address shall be assigned to that building or
complex, and unit numbers (e.g., Suite 1, Apt. 1, etc.) shall be assigned to each
door by the property owner. Private clustered housing developments with no
more than two (2) points of vehicular access, including manufactured home or
RV parks may likewise be assigned a single address with unit numbers provided
by the property owner.
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3.
4.
5.
Display Standards:
a.
b.
Numbers must be legibly marked and contrast with any background material.
c.
Where a building is not clearly visible from the street on which it is addressed,
its address number shall be posted at the point at which its private driveway
meets that street.
d.
e.
It shall be the duty of the owner of a building to post the correct address number
of that building in accordance with those standards within sixty (60) days of
adoption of this Ordinance.
f.
Any incorrect address number shall be removed and replaced with the correct
number by the property owner within sixty (60) days of notification of the
correct address by the Addressing Official.
In areas where an addressing system has been in use prior to adoption of this
Ordinance, the Addressing Official or authorized representative may issue
addresses in accordance with that system even if that system does not
correspond with a County grid system.
b.
(1) Origin: The north-west corner of Section 32, Township 14 North, Range 5 East.
(2) Area: All of Township 12 North, Range 6 East; Township 12 North, Range 6-1/2
East; Township 12-1/2 North, Range 5 East; Township 13 North, Range 5 East;
Township 13 North, Range 6 East; Township 13 North, Range 7 East; Township 14
North, Range 3 East; Township 14 North, Range 4 East; Township 14 North, Range 5
East; Township 14 North, Range 6 East; Township 14 North, Range 7 East; Township
14-1/2 North, Range 3 East; Township 15 North, Range 6 East, and Township 15
North, Range 7 East. Portions of Township 11-1/2 North, Range 7 East; Township 12
North, Range 7 East, Sections 1- 30, Township 11 North, Range 6 East and Sections 5
and 8, Township 11 North, Range 7 East situated within Yavapai County. Portions of
Township 12 North, Range 4 East; Township 12 North, Range 5 East; Township 12-1/2
North, Range 4 East, and Township 13 North, Range 4 East within the drainage area of
the Verde River. Portions of Section 33 situated east of the Verde River, and Sections
34-36, Township 15 North, Range 4 East. Sections 1-5, 8-17, 20-29, and 31- 36,
Township 15 North, Range 5 East; and Portions of Township 16 North, Range 6 East
and Township 16 North, Range 7 East situated to the southeast of a line running
parallel to and 400 feet northwest of the northwest right-of-way boundary of Interstate
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(1) Origin: The intersection of the centerline of Highway 89 and the north line of
Section 27, Township 16 North, Range 2 West. Note: Highway 89 is the east-west
baseline but does not have a value of zero (0). Address numbers between Highway 89
and the first thousand grid east and west are assigned based on their distance from the
thousand grid, not from the baseline (see maps).
(2) Area: Beginning at the S.E. corner of Section 35, T16N, R2W; thence E. along
section line to S.E. corner of Sec 12, T16, R2W; thence N along section line N.E.
corner of Section 12, T16, R2W; thence W. along section line to S.E. corner Sec. 2,
T16N, R2W; thence N. along section lines to N.E. corner Sec 35, T17N, R2W; thence
W. along section lines to N.W. corner of Sec. 31, T17N, R2W; thence S. along section
line to N.E. corner, Sec. 12, T16N, R3W; thence W. along section line to N.W. corner
Sec. 12, T16N, R3W; thence S. along section lines to the S.W. corner Sec, 31, T16N,
R2W; thence E. along section lines to the place of beginning.
c.
Cottonwood Grid:
(1) Origin: The west quarter corner of Section 34, Township 16 North, Range 3 East.
Note: Address numbers in the Cottonwood Grid increase at a rate of 1600 per mile eastand-west, and 800 north-and-south; except for the first half-mile north of the origin, in
which numbers increase at a rate of 900 per half mile (see maps).
(2) Area: All of Township 15 North, Range 2-1/2 East; Township 15 North, Range 3
East; Township 16 North, Range 2-1/2 East; Township 16 North, Range 3 East;
Township 16 North, Range 4 East; Township 17 North, Range 3 East and Township 17
North, Range 4 East. Sections 1-4, 9-16, 21-27, and 33-36, Township 15 North, Range
2 East. Sections 1-32 and portions of Section 33 situated west of the Verde River,
Township 15 North, Range 4 East. Sections 6, 7, 18, 19 and 30, Township 15 North,
Range 5 East; Sections 1-5, 8-17, 20-29, and 32-36, Township 16 North, Range 2 East,
Sections 1-4, 9- 16, 21-27, and 33-36, Township 17 North, Range 2 East; Sections 111, 14-23, and 26-35, Township 18 North, Range 4 East; and Portions of Township 18
North, Range 3 East situated to the east of Sycamore Creek; Excepting therefrom any
incorporated areas not included by intergovernmental agreement, reservation lands, and
any areas affected by pre-existing address systems that are recognized by the
Addressing Official.
d.
Prescott Grid:
(1) Origin: The northwest corner of Section 3, Township 13 North, Range 2 West.
(2) Area: All of Yavapai County except: Lands included in the Camp Verde, Chino
Valley, and Cottonwood Grid areas; the Sedona Milepost system; and any incorporated
areas not included by intergovernmental agreement, reservation lands, and any areas
affected by pre-existing address systems that are recognized by the Addressing Official.
e.
(1) Address numbers for each street begin from 0 at the beginning point of that street
and increase at the rate of one thousand (1,000) per linear mile of that street.
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(2) Area: All of Township 16 North, Range 5 East; Township 17 North, Range 5 East;
and Township 18 North, Range 5 East; Sections 1, 12, 13, 24, 25, and 36, Township 18
North, Range 4 East; and Portions of Township 16 North, Range 6 East, and Township
16 North, Range 7 East situated to the northwest of a line running parallel to and 400
feet northwest of the northwest right-of-way line of Interstate 17; Excepting therefrom,
any incorporated lands not included by intergovernmental agreement, reservation lands,
and any areas affected by pre-existing address systems that are recognized by the
Addressing Official.
6.
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The purpose of this Section is to establish rules and regulations for the siting of wireless
communications facilities. The goals of this Section are to provide for the development of
wireless communication services county-wide by: (1) encouraging the consideration of the
goals and provisions of the Wireless Communications Plan; (2) encouraging configuration
which minimize additional visual impact through careful and innovative siting, design,
landscape and camouflage techniques; (3) providing wireless communication services to the
community in a broad, quick, effective, and efficient manner; (4) encouraging the joint use
(collocation) of facilities; (5) considering the public health, safety and welfare; (6) encouraging
the use of existing vertical components; (7) considering historical and environmentally
sensitive areas; and, (8) considering impact on adjacent properties.
B.
DEFINITIONS: As used in this Section, the following terms shall have the following meaning:
Alternative Tower Structure: means vertical components not generally designed for use as
antenna support structures including but not limited to structures such as church steeples,
ballpark light poles and water towers.
Antenna: means any exterior device for transmitting and receiving wireless communication
mounted on a tower, alternative tower structure, building or structure and used for transmitting
and receiving wireless communication for a fee to more than one (1) customer at one time.
Antenna, Attached: An antenna mounted on the exterior of an existing building, silo,
smokestack, water tower, utility or power pole, existing wireless communication tower, or an
alternative support structure.
Antenna, Concealed (stealth): An antenna with a support structure that screens or
camouflages the presence of antennas and/or towers from public view, in a manner appropriate
to the sites context and surrounding environment. Examples of concealed antennas include
but are not limited to manmade trees, clock towers, flagpoles that do not exceed ten feet (10)
above the maximum building height, light structures, steeples, watertanks, and architectural
faade and parapet features.
Certification: A written statement of the fact to be certified made under oath by the applicant
or licensed professional working for the applicant and notarized.
Collocation: means use by two (2) or more wireless communication providers located on the
same tower or alternative tower structure.
Commercial Coverage: means a single FCC licensees network of wireless communications
facilities providing a level of service to all areas of the community which, when fully
developed, will permit viable commercial operation.
FAA: means the Federal Aviation Administration.
Facility, Existing: means a wireless communication facility in active use and for which a
building permit has been properly issued and has not expired before the effective date of this
Section.
Facility, New: means a wireless communications facility proposed to be located where a
facility does not currently exist.
FCC: means the Federal Communications Commission.
Height: The distance from the finished grade at the antenna tower base to the highest point of
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the tower. Overall tower height includes the base pad, mounting structures, and panel
antennae, but excludes lightning rods and whip antennae.
Tower, Lattice: means a self-support structure, erected on the ground, which consists of crossbracing of structural steel to support antennae and related equipment.
Tower, Monopole: means a self-support structure, with a single shaft of wood, steel, or
concrete, and a platform for antenna arrayed at the top known as a "top hat."
Wireless Communication: means any technology for transmitting communication through the
air.
Wireless Communication Facility: means any combination of one (1) or more antennae,
towers and/or structures or equipment used for the transmission of wireless communication.
Wireless Communication Provider: means any FCC licensed service provider for Yavapai
County, and any supplier of wireless communication facilities for those providers.
Use, Permanent: means the active daily use of antennae for the commercial transmission and
receipt of wireless communication intended at the time of its installation and approved to be
actively used for a permanent basis.
Use, Temporary: means the active daily use of antennae for the commercial transmission and
receipt of wireless communication intended at the time of its installation and approved to be
actively used for a specific period of time.
User, Single: means a single dwelling or a single business.
C.
D.
Principal or Accessory Use: Antennas and towers may be considered either principal or
accessory uses to the principal use of the property
2.
Lot Size: For purposes of determining whether the installation of a tower or antenna
complies with district development regulations, even though the antennas or towers may
be located on a separately leased portion of the lot, the Density District requirements of
the entire overall lot shall control requirements, including but not limited to setbacks,
lot-coverage percentages, and other such requirements.
3.
Characteristics
a.
b.
Towers shall not be artificially lighted, unless required by the FAA or other
applicable authority. If lighting is required, the application shall contain a list
of optional light devices and a statement of the reason for selection of the light
device specified over each of the options.
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c.
d.
e.
f.
No signs shall be allowed at a facility with the exception of a single one (1)
square foot sign for each carrier, to provide emergency contact numbers.
g.
Except as provided in this Section all building and use processes and
requirements, including height restrictions, within the applicable Zoning District
shall apply to wireless communication facilities.
h.
Equipment shall not generate noise levels that exceed fifty (50) dBA Sound
Pressure Level (SPL) on directly adjacent properties. This maximum sound
level does not apply to generators used in emergency situations when the
regular power supply is temporarily interrupted and noise made during the
regular maintenance and upkeep of the facility and site. All aboveground
equipment shall be enclosed by concrete masonry unit walls if located within
one thousand feet (1,000) of existing residences.
E.
F.
Each wireless communication provider shall provide a plan of its facilities to the
County prior to any application for the installation of a wireless communication facility.
The plan shall cover the entire County extending five (5) miles beyond the County
border. The plan shall include the following:
a.
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G.
b.
All presently anticipated future service areas, anticipated deployment date, and
types of wireless communication facilities and heights desired for each of the
service areas.
c.
d.
The providers policy direction for the mitigation and/or reduction of existing
and proposed towers to avoid the proliferation of such facilities.
e.
f.
g.
2.
3.
APPLICATION REVIEW:
1.
General: The following provisions shall govern the issuance of permits for towers or
antennas:
a.
b.
c.
Fees for applications under this section are listed in the Yavapai County Zoning
Ordinance Fee Schedule.
d.
Services Department, the applicant may appeal the decision to the Planning and
Zoning Commission and Board of Supervisors, by applying for a Use Permit.
e.
f.
g.
h.
i.
j.
k.
No new wireless communication facilities shall be installed in any area that may
mar mountain views, or visually sensitive areas, particularly but not limited to
the view of Glassford Hill, Thumb Butte, Bell Rock, Courthouse Rock and
Cathedral Rock, from any direction unless the facility uses arrays, pole
diameters, shapes and colors that shall blend it with other similar vertical
objects and not be intrusive in its setting or obtrusive to views.
l.
m.
Prior to applying for a new facility, the applicant shall meet with community
groups and interested individuals who reside or own property within one
thousand feet (1,000) of the proposed site to explain the proposed project. The
purpose of these meetings is to inform and educate the community on wireless
communications, and the restrictions placed on Yavapai County by the Federal
Telecommunications Act of 1996, as well as to solicit suggestions from these
groups about the applicants proposal and impact mitigation measures.
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Performance Criteria:
a.
The order of preferences for wireless communication facilities is, from most
preferred to least preferred:
(1)
(2)
(3)
New sites located on public lands at least five thousand feet (5,000)
from private land.
(4)
New concealed or attached antenna sites located on/at public or quasipublic facilities.
(5)
Concealed sites.
(6)
(7)
New towers/facilities one hundred feet (100) to one hundred ninetynine feet (199).
(8)
New facilities shall use the most preferred facility type where technically
feasible, even if it results in an increase in the number of facilities, or a higher
cost. A lesser preferred facility type may be permitted only if the applicant
presents substantial evidence to show that it will have a lesser visual impact
than the use of more preferred facilities.
b.
The following characteristics are deemed consistent with the purposes of this
Section and will be afforded favorable weight in considering the application:
(1)
(2)
(3)
(4)
(5)
Structure heights, which do not exceed the height limitations for that
Zoning District. When heights may exceed an adjacent jurisdiction's
height restrictions, that jurisdiction(s) will be notified of the application;
(6)
(7)
3.
(8)
(9)
Review Procedures:
a.
b.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
c.
(1)
(2)
A mailing list of all property owners within one thousand feet (1,000)
of the facility site, and pre-addressed envelopes affixed with first class
postage to each property owner;
(3)
(4)
(5)
(6)
(7)
(8)
A visual analysis, which may include photo simulations, field mock ups,
or other techniques which identify the potential visual impacts of the
proposed facility. Photo simulations shall be provided from the three (3)
closest residences within one-half (1/2) mile of the proposed site and
from the closest collector or arterial street. The Development Services
Director may at his/her discretion, request additional photos from
specific vantage points;
(9)
Use Permit: Any new wireless communication facility that exceeds ten feet
(10) above the maximum height allowed in the density district, or does not
meet all of the criteria to be allowed in the Administrative review processes,
shall require a Use Permit.
Application Requirements: The following is to be submitted with each Use
Permit application:
(1)
(2)
(3)
A mailing list of all property owners within the distance required from
the facility site, and pre-addressed envelopes affixed with first class
postage to each property owner;
Notification required by tower height:
99 feet and under = 1,000 feet radius
100 to 199 feet = 2,500 feet radius
200 feet and above = 5,000 feet radius
4.
H.
(4)
(5)
(6)
The applicant shall submit a visual analysis, which may include photo
simulations, field mock ups, or other techniques which identify the
potential visual impacts of the proposed facility. Photo simulations shall
be provided from the five (5) closest residences within two (2) miles of
the proposed site and from the closest collector or arterial street. The
Development Services Director may at his or her discretion, request
additional photos from specific vantage points;
(7)
Standards: In addition to any standards for consideration of Use Permit applications, the
following shall be considered in determining whether to issue a Use Permit or
administrative approval: height proposed, proximity to other uses, historic sites,
landmarks, vehicle traffic routes, medical facilities, air routes, topographical features,
utilities, access, suitability of alternative sites and visual impact.
Preference: An applicant who certifies in writing that the tower constructed will be
suitable for collocating multiple providers of varying wireless technologies and, as a
condition of zoning, executes a written agreement (collocation agreement) with Yavapai
County on a form approved by the County Attorney, consenting to application of the
terms of this provision shall, unless waived by the applicant, receive preferential
treatment for a final approval or rejection of its application after a complete and correct
application, fee and all required documentation and information is filed.
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2.
In addition to equipment proposed for the applicants use, proposed antenna facilities,
including concealed antennas, shall be designed to accommodate collocation for at least
one (1) additional wireless communications provider for every thirty foot (30) segment
of facility height, or portion thereof, over thirty feet (30). The Board of Supervisors
may reduce the required shared capacity, if a facility necessary to provide for such
collocation, adversely alters the areas visual character.
3.
Collocation Agreement: The collocation agreement shall provide for at least the
following:
a.
The applicant shall accept for collocation any FCC licensed wireless
communication provider (additional user) using any compatible technology on
commercially reasonable terms considering all of the factors a reasonable tower
leasing company would deem relevant in entering into such an agreement;
b.
Any additional user seeking collocation shall submit specifications for its
equipment and use (request) to the applicant and applicant shall, within thirty
(30) days thereafter, respond to such party in writing (response) furnishing all
technical requirements that must be resolved before collocation;
c.
The applicant and the additional user shall, thereafter in good faith, attempt to
resolve any technical or business terms. If, after thirty (30) days from the
response the additional user believes the applicant has not negotiated in good
faith, additional user may submit in writing, a request for arbitration to applicant
and the American Arbitration Association which shall designate a person
knowledgeable in collocation of wireless communication carriers to act as
arbitrator and decide all issues between the parties. Such arbitration shall be
held within thirty (30) days of the request for arbitration. Upon the written
agreement of both parties, a different procedure for binding dispute resolution
may be used. The result of the arbitration or other resolution method agreed to
by the parties shall be binding and non-appealable;
d.
If the arbitrator certifies in writing to Yavapai County that the applicant has
failed to comply with the decision of the arbitrator within fifteen (15) days of its
issuance by the arbitrator, the Use Permit or administrative approval for the
wireless communication facility in question shall be terminated and the wireless
communications facility shall be removed within thirty (30) days of the date of
the arbitrator's certification, failing which, Yavapai County shall have all of the
remedies available to it for elimination of a use in violation of the zoning code;
e.
The additional party, upon submitting the request shall become a third party
beneficiary to the collocation agreement;
f.
Yavapai County shall not be a party to any contract between the applicant and
the additional party and shall not be a required party and shall not be made a
party to any dispute or arbitration and applicant shall indemnify, defend and
hold Yavapai County harmless from any cost, including reasonable attorney
fees, associated with such matters; and
g.
I.
J.
K.
SETBACKS: The following setback requirements shall apply to all towers; provided, however,
standard setback requirements may be decreased if the goals of this section would be better
served thereby:
1.
Towers must be set back from any lot line a distance equal to at least one hundred
percent (100%) of the height of the tower unless a greater setback is required for the
particular Zoning District: i.e., the reclining length of any tower must be located on the
lot so that in the case of collapse, the tower would be contained within the bounds
thereof.
2.
Guys and accessory structures must satisfy the minimum Zoning District setback
requirements.
3.
If shown by proof of collapse safety with a certified Engineers letter stating that in case
of collapse, the tower would be contained on site, the Board of Supervisors could waive
the one-to-one setback as required above.
4.
Facilities that are located on existing or replaced street lights, traffic signal poles or
electrical utility poles are exempt from any setback requirements.
REMOVAL:
1.
Within thirty (30) days of Board of Supervisors approval, Financial assurances shall be
posted by the applicant for the occurrence or possible need for removal of the tower and
returning the natural state of the site, prior to submittal and approval of building
permits/zoning clearances.
2.
Towers and antennae shall be removed, at the owners expense, within one hundred
eighty (180) days if not used for a permanent use within that time unless this period is
extended pursuant to this Section. If the tower or antennae is not timely removed
Yavapai County may give notice that it will contract for removal within thirty (30) days
following written notice to the owner. Thereafter, Yavapai County may cause removal
at the cost of the owner.
3.
An owner wishing to extend the time for removal or reactivation shall submit an
application stating the reason for such extension. The Development Services Director
or his designate may extend the time for removal or reactivation up to sixty (60)
additional days upon a showing of good cause.
4.
Upon removal of the wireless telecommunications facility, the site shall be returned to
its natural state and topography and vegetated consistent with the natural surroundings.
2.
The change is required for the collocation of additional carriers on the existing
structure; and
3.
The change does not increase the height of the tallest component above the height
approved in the Use Permit, administrative approval, or in the case of an pre-existing
facility, its then current height; and
4.
At the conclusion of the change or modification, the facility complies with all
requirements of the County Development Services Department.
5.
PURPOSE: It is the purpose and intent of this Section to regulate sex oriented businesses to
promote the health, safety, morals, and general welfare of the citizens of Yavapai County and
to establish reasonable and uniform regulations to prevent any deleterious location and
concentration of sex oriented businesses within the County, thereby reducing or eliminating the
adverse secondary effects from such sex oriented businesses. The provisions of this Section
have neither the purpose nor effect of imposing a limitation or restriction on the content of any
communicative materials, including sex oriented materials. Similarly, it is not the intent or
effect of this Section to restrict or deny access by the distributors and exhibitors of sex oriented
entertainment to their intended market. Neither is it the intent nor effect of the Section to
condone or legitimize the distribution of obscene material.
B.
DEFINITIONS: For the purpose of this Section, certain terms and words are defined as
follows:
Sex Oriented Businesses are those businesses defined as follows:
Adult Arcade: means any place to which the public is permitted or invited and in which coinoperated or slug-operated or electronically, electrically or mechanically controlled still or
motion picture machines, projectors or other image producing devices are maintained to show
images involving specified sexual activities or specified anatomical areas to persons in booths
or viewing rooms.
Adult Bookstore, Adult Novelty Store or Adult Video Store: means a commercial
establishment that offers for sale or rent any of the following as one of its principal business
purposes:
(1) Books, magazines, periodicals or other printed matter, photographs, films, motion pictures,
video cassettes, or reproductions or slides, or other visual representations that depict or describe
specific sexual activities or specific anatomical areas.
(2) Instruments, devices, or paraphernalia which are designed for use in connection with
specific sexual activities.
Adult Live Entertainment: means an establishment that features either:
(1) Persons who appear in a state of nudity; or
(2) Live performances that are characterized by the exposure of specific anatomical areas or
specific sexual activities.
Adult Motion Picture Theater: means a commercial establishment in which for any form of
consideration films, motion pictures, video cassettes, slides or similar photographic
reproductions that are characterized by the depiction or description of specific sexual activities
or specific anatomical areas are predominantly shown.
Adult Oriented Business: means adult arcades, adult bookstores or video stores, cabarets,
adult live entertainment establishments, adult motion picture theaters, adult theaters, massage
establishments that offer adult services or nude model studios.
Page 200
Adult Oriented Business Manager: means a person on the premises of an adult oriented
business who is authorized to exercise overall operational control of the business.
Adult Theater: means a theater, concert hall, auditorium, or similar commercial establishment
which predominantly features persons who appear in a state of nudity who engage in live
performances which are characterized by exposure of specific anatomical areas or by specific
sexual activities.
Adult Service: means dancing, serving food or beverages, modeling, posing, wrestling,
singing, reading, talking, listening or other performances or activities conducted for any form
of consideration in an adult oriented business by a person who is nude or semi-nude during all
or part of the time that the person is providing the service.
Adult Service Provider or Erotic Entertainer: means any natural person who provides an
adult service.
Cabaret: means an adult oriented business licensed to provide alcoholic beverages pursuant to
A.R.S. Title 4 Alcoholic Beverages, Chapter 2, Article 1.
Discernibly Turgid State: means the state of being visibly swollen, bloated, inflated or
distended.
Massage Establishment: means an establishment in which a person, firm, association or
corporation engages in or permits massage activities, including any method of pressure on,
friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of
external soft parts of the body with the hands or with the aid of any mechanical apparatus or
electrical apparatus or appliance. This paragraph does not apply to:
(6) Physicians licensed pursuant to A.R.S. Title 32 Professions and Occupations, Chapter 7, 8,
13, 14 or 17.
(7) Registered nurses, licensed practical nurses or technicians who are acting under the
supervision of a physician licensed pursuant to A.R.S. Title 32 Professions and
Occupations, Chapter 13 or 17.
(8) Persons who are employed or acting as trainers for a bona fide amateur, semi-professional
or professional athlete or athletic team.
(9) Persons who are licensed pursuant to A.R.S. Title 32 Professions and Occupations, Chapter
3 or 5 if the activity is limited to the head, face or neck.
Nude Model Studio: means any place in which a person who appears in a state of nudity or
who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured,
photographed or otherwise depicted by other persons who pay money or other consideration.
Nude Model Studio does not include a proprietary school that is licensed by the State, a
college, community college or university that is supported entirely or in part by taxation, a
private college or university that maintains and operates educational programs in which credits
are transferable to a college, community college or university that is supported entirely or in
part by taxation or a structure to which the following apply:
(1) A sign is not visible from the exterior of the structure and no other advertising that indicates
a nude person is available for viewing;
(2) A student must enroll at least three (3) days in advance of the class in order to participate.
(3) No more than one (1) nude or semi-nude model is on the premises at any time.
Page 201
Principal Business Purpose: means that a commercial establishment derives fifty percent
(50%) or more of its gross income from the sale or rental of items listed under Adult
Bookstore/Adult Video Store.
Semi-nude: means a state of dress in which clothing covers no more than the genitals, pubic
region and female breast below a point immediately above the top of the areola, as well as
portions of the body that are covered by supporting straps or devices.
Nude, Nudity or State of Nudity: means any of the following:
(1) The appearance of human anus, genitals, or female breast below a point immediately above
the top of the areola.
(2) A state of dress which fails to opaquely cover a human anus, genitals or areola of the female
breast below a point immediately above the top of the areola.
Place of Worship: as used in this Section means a structure where persons regularly assembly
for worship, ceremonies, rituals and education relating to a particular form of religious belief
and which a reasonable person would conclude is a place of worship by reason of design, signs
or architectural or other features.
Residence: as used in this Section means a permanent dwelling place.
Specific Anatomical Areas: means any of the following:
(1) A human anus, genitals, pubic region or a female breast below a point immediately above
the top of the areola that is less than completely and opaquely covered.
(2) Male genitals in a discernibly turgid state even if completely and opaquely covered.
Specific Sexual Activities: means and includes any of the following:
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female
breasts.
(3) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation,
sexual intercourse, oral copulation, or sodomy.
(4) Excretory functions as part of, or in connection with, any of the activities set forth in (1)
through (3) of this Definition.
C.
No person shall cause or permit the establishment of any sex oriented business as
defined in this Section, within one thousand feet (1,000) of another sex oriented
business.
2.
An adult oriented business shall not be located within one-fourth (1/4) mile of a child
care facility, a private, public or charter school, a public playground, a public
recreational facility, a residence or a place of worship.
Page 202
D.
E.
F.
The distance between any two (2) sex oriented businesses shall be measured in a
straight line, without regard to intervening structures or objects, from the closest
exterior structural wall of each business.
2.
The distance measurements shall be made in a straight line in all directions, without
regard to intervening structures or objects, from the nearest point on the property line of
a parcel containing an adult oriented business to the nearest point on the property line of
a parcel containing a child care facility, a private, public or charter school, a public
playground, a public recreational facility, a residence or a place of worship.
Any sex oriented business lawfully operating on June 2, 1999 that is in violation of this
Section shall be deemed a non-conforming use. Non-conforming uses shall be
governed by Section 202 (Nonconforming Uses and Structures). If two (2) or more sex
oriented businesses are within one thousand feet (1,000) of one another and otherwise
in a permissible location, the sex oriented business which was first established and
continually operating at the particular location is the conforming use, and the later
established business is non-conforming.
2.
A sex oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a religious institution, school, YMCA,
YWCA, Boys Club, Girls Club or similar existing youth organization public park,
public building, residential zoning district, or residential use within five hundred feet
(500) of the sex oriented business.
Upon application for a building permit or zoning clearance, the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying the
location of all overhead lighting fixtures and designating any portion of the premises in
which patrons will not be permitted. A professionally prepared diagram in the nature of
an engineers or architects blueprint shall not be required. However, each diagram
should be oriented to the north or to some designated street and should be drawn to a
designated scale with marked dimensions sufficient to show the various internal
dimension of all areas of the interior of the premises to an accuracy of plus or minus six
inches (6).
a.
Page 203
G.
b.
It shall be the duty of the owners and/or operator and it shall also be the duty of
any agents and employees present on the premises to insure that the illumination
described above is maintained at all times that any patron is present on the
premises.
c.
All off-street parking areas and premise entries of the sex oriented business shall
be in compliance with Section 603 (Light Pollution Control).
2.
It shall be the duty of the owner and/or operator to ensure that the viewing room(s) as
defined in this Section, remains unobstructed by any doors, curtains, partitions, walls,
merchandise, display racks or other materials, and, at all times, to ensure that no patron
is permitted access to any area of the premises which has been designated as an area in
which patrons will not be permitted.
3.
No viewing room may be occupied by more than one (1) person at any one time.
4.
H.
ADVERTISING REGULATIONS:
1.
As established in Section 601 (Sign Code): "No person shall exhibit, post or display a
sign or wall, any statement, symbol or picture of an obscene nature."
2.
I.
J.
EFFECTIVE DATE: This Section shall be in force and effective from and after thirty (30) days
following Board of Supervisor adoption.
Page 204
FEBRUARY 5, 1973
FEBRUARY 5, 1973
(No Hearing Number)
Note: The following eight (8) Amendments were all approved by the Board of Supervisors on the
above-referenced date.
SECTION
103
SECTION
105
NONCONFORMING USES AND STRUCTURES A. Abandonment The time limit was changed from 12 months to 6 months.
SECTION
107
SECTION
108
SECTION
109
USE DISTRICTS
A.
R1L District 2. f. - Amended to allow certain accessory uses.
B.
R1L District 2. g. - Concerning farm animals.
C.
R1 District 2. d. - Concerning farm animals.
D.
RCU District 2. c. - Concerning appeals, delete last sentence of
paragraph.
SECTION
110
SECTION
112
SECTION
114
RESOLUTION #419 Fee schedule for Construction Permits amended and removed from the
Ordinance.
Page 205
The Open Space, Recreational Conservation District (OS) added to the Ordinance.
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE
SECTION
109
SECTION
108
108
SECTION
Amend N. Off Street Parking, change the title of the section to "Parking
Requirements" and amend the whole section.
Page 206
SECTION
111
SECTION
115
SECTION
115
SECTION
104
SEPTEMBER 7, 1982
SEPTEMBER 7, 1982
H.A. 3767
Amend 1. to add "That part of the County lying within the corporate limits
of any municipality;"
Amend 4. to read "exceeding the value of $500.00."
SECTION
109
SECTION
110
Page 207
SECTION
108
SECTION
114
114
111
108
111
118
MAY 7, 1984
MAY 7, 1984
H.A. 4277A
SECTION
SECTION
SECTION
SECTION
SECTION
NOVEMBER 5, 1984
JANUARY 1, 1985
H.A. 4390
Amend to add the new section "Sign Regulations" and delete specific sign
regulations found elsewhere in the Ordinance.
Page 208
SECTION
111
JANUARY 2, 1985
JANUARY 2, 1985
SECTION
103
SECTION
108
SECTION
109
SECTION
111
SECTION
119
Add new section creating Overlay Zones and B. Design Review Overlay
Zones (DRO).
SECTION
120
Add the Outdoor Light Control Ordinance as Section 120 of the Zoning
Page 209
Ordinance (maintaining the effective date of May 22, 1985 and the first
amendment of July 17, 1985).
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE
SECTION
119
RESOLUTION #728 Establish both new hearing and zoning clearance fee structure by
resolution.
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE
SECTIONS 111-115 Add the hearing officer to Section 111 and rearrange the section; revise
Section112 to include new penalties and remedies, as well as, material
from Section 115; move old Section 112 to new 113; move old Section
113 to new 114; revise wording of old Section 114 and move to new
Section 115.
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE
SECTION
109
SECTION
109
JUNE 6, 1988
JULY 6, 1988
H.A. 5369
Eliminate M. PUD (except 8., 9. & Table 2, which are incorporated into
new M. PAD).
Page 210
SECTION
109
SECTION
121
Add the Street Naming and House Numbering System to the Ordinance as
a new section.
SECTION
103
SECTION
109
Add Bed and Breakfast to allowable uses in R1L, R1, RCU. Add Country
Inn and Hotel/Motel to C1 allowable uses.
SECTION
103
SECTION
108
SECTION
109
SECTION
118
SECTION
103
SECTION
108
SECTION
109
SECTION
103
SECTION
108
SECTION
108
SECTION
121
MARCH 8, 1993
APRIL 7, 1993
H.A. 5975
AUGUST 9, 1993
SEPTEMBER 8, 1993
H.A. 6016
SECTION
103
SECTION
114
voting
SECTION
108
SEPTEMBER 6, 1994
OCTOBER 6, 1994
H.A. 6146
Parking standards (delete previous standards and replace with new standards).
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE
SECTION
109
SECTION
103
108
Resource
FEBRUARY 6, 1995
MARCH 8, 1995
H.A. 6227
Definition of Family
SECTION
NOVEMBER 7, 1994
DECEMBER 7, 1994
H.A. 6200
APRIL 3, 1995
MAY 3, 1995
H.A. 6252
Page 213
SECTIONS
103,108,109
SECTIONS
103,108,109
DECEMBER 4, 1995
JANUARY 3, 1996
H.A. 6370
JANUARY 2, 1996
MARCH 4, 1996
H.A. 6371
Sec. 109 A.4. (add) Temporary real estate sales office; (add) Sec.
103 Definitions. Temporary Sales Office; Add to Sec. 108T
Standards for temporary real estate office.
FEBRUARY 5, 1996
MARCH 7, 1996
H.A. 6398
SECTION
110
Building Separation
SECTION
113
109
JULY 7, 1997
AUGUST 5, 1997
H.A. 6603
SECTIONS
JANUARY 6, 1997
FEBRUARY 5, 1997
H.A. 6552
SECTION
MAY 6, 1996
JUNE 5, 1996
H.A. 6426
AUGUST 4, 1997
SEPTEMBER 2, 1997
H.A. 6614
103,108,109 Sec. 109B. Use District, RMM Manufactured Home MultiSectional, Add to Sec. 103 Definitions; Add to Sec. 108 General
Page 214
SECTION
111
SECTION
108
Exemption for 4H-Projects and animal husbandry and similar projects in any Use District.
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE
SECTION
109
SECTION
108
108
SECTION
MAY 4, 1998
JUNE 3, 1998
H.A. 6715
Page 215
SECTION
122
SECTION
109
123
SECTION
AUGUST 3, 1998
SEPTEMBER 2, 1998
H.A. 6764
MAY 3, 1999
JUNE 3, 1999
H.A. 6864
MAY 3, 1999
JUNE 3, 1999
H.A. 6870
SECTION
111
SECTION
108
113
SECTION
108
SEPTEMBER 7, 1999
OCTOBER 7, 1999
FEBRUARY 7, 2000
MARCH 7, 2000
H.A. 6982
SECTION
109
SECTION
109
122
FEBRUARY 7, 2000
MARCH 7, 2000
H.A. 6986
Replaces existing Wireless Communication Plan and Zoning Ordinance
Appendix G and establishes rules and regulations for the siting of
wireless communications facilities.
MARCH 6, 2000
APRIL 6, 2000
H.A. 6997
Amend Sections 119.B.4.e., B.4.f. and [Link] the requirement pertaining to the Overlay
Zones Application Process for fifty-one percent (51%) of adjacent landowners by number and
area within three hundred feet (300') on consent petitions to pursue a Design Review Overlay.
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE
JUNE 5, 2000
JULY 5, 2000
H.A. 7043
SECTION
108
SECTION
108
Section 103
SECTION
124
108
J. - Add item no. 4 to read: Application for a Use Permit must comply
with the Citizen Participation requirements as set out in Appendix I of
this Zoning Ordinance.
SECTION
114
SECTION
105
MARCH 5, 2001
APRIL 5, 2001
H.A. 7177
SECTION
103
SECTION
105
SECTION
120
SECTION
108
APRIL 1, 2002
MAY 1, 2002
H 1004
Page 218
SECTION
111
SECTION
111
JULY 1, 2002
AUGUST 1, 2002
H 2052
JULY 1, 2002
AUGUST 1, 2002
H 2068
SECTION
103
SECTION
108
SECTION
108
SECTION
109
Page 219
SECTION
209
SECTIONS
301, 564
301, 411
579
564
SECTION
JUNE 2, 2003
JULY 2, 2003
H 3017
SECTION
JUNE 2, 2003
JULY 2, 2003
H 3020
SECTIONS
APRIL 7, 2003
MAY 7, 2003
H 3019
Page 220
SECTION
301
SECTION
410
SECTION
411
SECTION
415
SECTION
420
SECTION
601
JANUARY 4, 2004
FEBRUARY 4, 2004
H 3144
SECTION
JANUARY 4, 2004
FEBRUARY 4, 2004
H 3091
301, 540
Page 221
SECTIONS AS LISTED:
NOVEMBER 1, 2004
DECEMBER 1, 2004
H 4135
Amend Sec. 206 F., 207 F.5, 504, 525 A.7, 604 H.1, 605 G.1.c.,
605 G.5 and 801 to remove the fee schedule and associated
references from the Zoning Ordinance.
NOVEMBER 1, 2004
DECEMBER 1, 2004
SECTION
501
SECTION
570
573
SECTION
APRIL 4, 2005
MAY 4, 2005
H 5034
C.2 Modify lane widths to read twenty (20') feet and twenty-four
(24') feet respectively and third sentence to read in the absence of a
Fire District, shall be reviewed by the State Fire Marshall.
MAY 2, 2005
JUNE 2, 2005
H5027
SECTIONS 516 [Link]. B. Requirements of the Density Regulations - Eliminate reference for
need of a Use Permit to exceed two (2) stories.
Page 222
SECTION
603
SECTIONS AS LISTED:
505
SECTION
Amend Section 301, Section 410, Section 412 and add E to Section
501 to modify the definition of farm animals (add llamas) and clarify
how to calculate the actual number of animals allowed on any given
parcel by reference to and addition of the Allowed Animal Chart.
SECTIONS AS LISTED:
Eliminate Section 470 C. and Section 510 and modify Sections 412, 602
I. and 602 I.G.3. to eliminate all references to rural and
urban/urbanized areas as pertains to application of building codes
from the Zoning Ordinance.
SECTIONS AS LISTED:
MAY 2, 2005
JUNE 2, 2005
H5028
SECTION
604
SECTIONS AS LISTED:
207
205
202
NOVEMBER 7, 2005
DECEMBER 7, 2005
H 5155
SECTION
NOVEMBER 7, 2005
DECEMBER 7, 2005
H 5154
SECTION
SEPTEMBER 6, 2005
OCTOBER 6, 2005
H 5096
SECTION
FEBRUARY 6, 2006
MARCH 8, 2006
H5220
SECTION
SECTIONS AS LISTED
JUNE 5, 2006
JULY 5, 2006
H5193
SECTION
SECTION
FEBRUARY 6, 2006
MARCH 8, 2006
H5222
SECTION
FEBRUARY 6, 2006
MARCH 8, 2006
H5221
301,410
Page 225
SECTION
SECTION
SECTION
546
OCTOBER 2, 2006
DECEMBER 1, 2006
H6058
Add C. Minor Land Division under Section 546 LAND DIVISION with
8 sub-categories relating to applicability, purpose, requirements, fee,
action by the Department, method to record a land division and how to
report or remove access/zoning deficiencies.
SECTION
OCTOBER 2, 2006
NOVEMBER 1, 2006
H6098
301,502 Add a definition for Access to Section 301 DEFINITIONS and add
Section 502 Access Requirements for Non-Residential Uses to Section
500 GENERAL PROVISIONS to establish performance criteria for
access to non-residential uses such as religious institutions, schools,
retail/business uses and industrial uses.
SECTION
207
SECTION
546
SECTIONS AS LISTED:
537
SEPTEMBER 2, 2008
OCTOBER 2, 2008
H8063
581
SEPTEMBER 2, 2008
OCTOBER 2, 2008
H8062
SECTION
SECTION
OCTOBER 1, 2007
OCTOBER 31, 2007
H7079
SECTION
SEPTEMBER 2, 2008
OCTOBER 2, 2008
H8064
Page 227
SECTIONS AS LISTED:
SECTION 206
MAY 4, 2009
JULY 1SEPTEMBER 30, 2009
H9028
SEPTEMBER 8, 2009
OCTOBER 8, 2009
H9040
SECTION
209
SECTION
504
Page 228
SEPTEMBER 8, 2009
OCTOBER 8, 2009
H7117
SECTION
441
SECTION
442
SPACE
AND
SUSTAINABLE
NOVEMBER 2, 2009
DECEMBER 2, 2009
H9072
SECTION
413
SECTION
571
SECTION
603
SECTION
SECTION
565
SECTION
208
APRIL 5, 2010
MAY 5, 2010
H9140
Page 229
SECTION
552
SECTIONS AS LISTED
208
205
SECTIONS AS LISTED
SECTION
SECTION
SECTIONS AS LISTED
SECTIONS AS LISTED
SECTIONS AS LISTED
MARCH 5, 2012
APRIL 4, 2012
H10058, H11116, H11117,
H11119 & H11120
APRIL 2, 2012
MAY 2, 2012
H12010
SECTIONS AS LISTED
Section 410 (R1L DISTRICT) G.1 and Section 412 (R1 DISTRICT) C.2.
add language in regards to the keeping of chickens on small residential
parcels and Section 410 (R1L DISTRICT) G.11 add language in regards
to the construction of overhead entry features.
SECTION
207
410
410
SECTION
SECTION
JANUARY 7, 2013
JANUARY 7, 2013
H12103
SECTION
AUGUST 6, 2012
SEPTEMBER 5, 2012
H12038 & H12039
Page 232
SECTIONS AS LISTED
SECTIONS 205
AUGUST 5, 2013
SEPTEMBER 4, 2013
H13042
Page 233
INDEX
Abandonment (discontinuance) .......................................................... 6-7, 12, 80, 82, 130, 155
Signs 5, 120, 122, 124, 130
Accessory Building ............................................................................................. 23-26, 84, 112
Accessory Use 7, 23, 24, 31, 33, 34, 37, 38,
41, 42, 44, 46, 48, 50, 51-52, 54, 64, 69, 73-74, 84, 88, 102, 105, 189
Adjacent ....................................................................................... 14, 16, 18, 23, 26, 28-29, 32,
46, 50-51, 55-56, 62, 64, 69, 77, 101-103, 111-112, 118, 127, 134, 139, 144, 147-150, 158, 159,
188, 190, 193, 195
Grade Line ........................................................................................................................ 29
Lot ........................................................................................................... 28, 55, 64, 69, 112
Adult Entertainment ...................................................................................................... 199-203
Agricultural Exemption ...85
Alley. ............................................................... 7, 23, 24, 32, 50, 55, 88, 95, 111-112, 118, 141
Allowed Animal Chart.84
Antenna ..................................................................................................... 10, 188-194, 197-199
Antique ................................................................................................................................ ....23
Apartment ...................................................................................... 23, 27, 41, 88, 122, 124, 154
Hotel. ........................................................................................................................... 23, 41
House ................................................................................................................................. 23
Appliance
Placement ......................................................................................................................... 104
Repair ......................................................................................................................... 44, 108
Repair (Small) .................................................................................................................... 42
Arena.................................................................................................................................. 49, 62
Parking ............................................................................................................................. 135
Art Galleries ............................................................................................................................. 44
Arterial ......................................................................... 23, 41, 121-122, 124, 156-157, 195-196
Attached Building .............................................................................................................. 23-24
Auction ............................................................................................................................ 49, 108
Page 234
Boarding
Animals .................................................................................................................. 47, 48, 51
House ............................................................................. 24, 27, 30, 31, 39, 51-52, 124, 135
Boats ................................................................................................................ 47, 103-104, 108
Body Shop ....................................................................................................................... 48, 110
Bottling Plant ........................................................................................................................... 49
Bowling.................................................................................................................................... 46
Parking ............................................................................................................................. 136
Building
Definition ............................................................................................................... 23-26, 29
Business School ........................................................................................................... 26, 44, 46
Cafes ........................................................................................................................................ 44
Canopy (awning) ........................................................................................................... 114-115
Sign .......................................................................................................... 115, 117-118, 128
Carport ............................................................................................................. 25, 105, 111-112
Carnivals ............................................................................................................................ 35, 51
Cemeteries ................................................................................................................. 25, 48, 124
Center
Commercial................................................................................................................ 53, 114
Certificate of
Compliance .................................................................................................... 13-14, 85, 100
Occupancy ..................................................................................................................... 8, 13
Change of Use.............................................................................. 6, 9, 33, 74, 86, 106, 110, 132
Cleaning ........................................................................................... 44, 46, 48, 50-51, 110, 136
Cliff Face Signs .................................................................................................................... 119
Clinic............................................................................................................ 27, 42, 47, 121, 134
Collocation ............................................................................................. 122, 188, 191, 193-198
Commercial Acre..6, 85
Commission
Planning & Zoning ....... 13, 19-21, 25, 54, 55-57, 66-67, 71-72, 74, 76-80, 104, 106, 110,
192, 194-195
Page 236
Community
Building ............................................................................................................... 24, 25, 124
Park .................................................................................................................................... 34
Construction
Materials .......................................................................................................................... 103
Sheds .................................................................................................................................. 34
Signs ................................................................................................................................ 122
Contiguous ................ 6, 25, 28, 42, 43, 46-48, 51-52, 64, 69, 76, 85, 87-88, 93, 101-102, 104,
112-113, 122, 134
Cornerstones .......................................................................................................................... 120
Court .................................................................................................................. 25, 87, 110, 112
Custom ............................................................................................................. 25, 44, 46, 48-49
Dance Hall ............................................................................................................................... 46
Parking ............................................................................................................................. 136
Dances................................................................................................................................ 44, 46
Dangerous Signs .................................................................................................................... 120
Density District Chart...87
Detached Building ............................................................................................................. 24-25
Directional Sign ............................................................................................... 25, 121, 122-123
District
Boundary.................................................................................................... 7, 15, 19-20, 134
Density ........ 7, 25, 34, 37-38, 41-42, 44, 46, 48, 73-74, 87-89, 92, 95, 105, 112, 189, 192,
194, 195
Provisions .......................................................................................................................... 33
Use .................................................................... 7, 25, 29, 33, 75-76, 87, 104-106, 109, 203
Zoning ..................... 6-7, 19, 27-28, 32-33, 35-37, 42, 46, 48, 50-53, 55, 60-61, 64, 68-69,
75, 84, 92, 107-109, 120-123, 125-127, 131-132, 137, 141, 147, 189-190, 193-194, 196,
198, 201-202
Drainage .................................................. 10-11, 13, 55, 61, 65, 69, 75, 88, 91-92, 99, 110, 161
Drive-In.................................................................................................................................. 137
Restaurant .................................................................................................................. 25, 135
Theater ............................................................................................................................... 26
Page 237
Dwelling ........................................... 6, 17, 23-31, 34-41, 43-54, 56, 60, 68, 73, 84, 87-90, 94, 98,
106, 112, 124. 132, 134-135, 137, 189, 201
Secondary Medical .................................................................................. 30, 36, 88-90, 103
Temporary.................................................................................................................. 36, 103
Dyeing................................................................................................................................ 46, 48
Educational Institution ..................................................................................... 26, 34-35, 37, 42
Signs ................................................................................................................................ 124
Electronic Message Sign........................................................................................................ 118
Entry Feature ........................................................................................................................... 35
Expansion ................................................................................................ 6-7, 73, 101, 106, 118
Fabrication ......................................................................................................... 50-51, 108, 110
Factory-Built Building ................................................................................................. 24, 28, 37
Family ...................................................................................................................................... 26
Farm Animals .............................................................................................................. 26, 34, 38
Fence ............... 7, 9, 10, 17, 26, 30, 35, 48, 53, 55, 65, 69, 92-93, 101, 106, 108, 110-111, 125
Firewood Storage ................................................................................................................... 103
Flagpoles188
Flags ....................................................................................................................................... 120
Flashing
Lights ............................................................................................................................... 147
Signs ................................................................................................................................ 118
Floor Area ................................................ 6, 25-26, 44, 46-49, 86, 118, 131-132, 134-137, 141
For Sale Sign ...................................................................................................................... 122
Fraternity............................................................................................................................ 31, 41
Freight
Containers .................................................................................................... 30, 37, 104-105
Station ................................................................................................................................ 26
Terminal ............................................................................................................................. 26
Yard ................................................................................................................................... 51
Frontage ............................................................... 19, 27, 95, 114, 122, 124-128, 134, 154, 160
Garage .............................................................................................................................. 94, 111
Private .......................................................................................................................... 26, 29
Page 238
Junk
Vehicle ....................................................................................................................... 31, 102
Yard ......................................................................................................................... 6, 27, 32
Kindergarten ...................................................................................................................... 26-27
Laundry ...................................................................................................................... 27, 30, 101
Launderettes ....................................................................................................................... 44
Parking ............................................................................................................................. 135
Lighting.......................................................................................................................... 142-153
Shielding .................................................................................................................. 146-151
Sign .......................................................................................................................... 114, 152
Street ......................................................................................... 100, 145-146, 148-149, 151
Lodges...................................................................................................................................... 42
Parking ............................................................................................................................. 135
Lumber Yard ............................................................................................................................ 48
Machining .................................................................................................................. 50-51, 110
Mansard ......................................................................................................................... 114, 118
Manufactured Housing ............................................................................... 12, 28, 37-38, 98-99
Multi-sectional ....................................................................................... 28-29, 37-38, 98-99
Manufacturing............................................................................................................ 50-51, 110
Parking ............................................................................................................................. 137
Marquee ......................................................................................................................... 115, 117
Massage ....................................................................................................... 42, 44, 46, 199-200
Meat Packing ........................................................................................................................... 51
Memorial Park ......................................................................................................................... 28
Memorial Plaque .................................................................................................................... 120
Minor Land Division ................................................................................................... 65, 70, 95
Mixed Use.................................................................................................................... 7, 74. 143
Mobile Home...10, 24, 28-31, 98, 104
Court ................................................................................................................ 29, 31, 44, 88
Park ...................................................................................................................... 29-31, 101
Mortuary .................................................................................................................................. 46
Parking ............................................................................................................................. 135
Page 240
Motel ....................................................................... 23, 29, 44, 46, 48, 50-52, 88, 134, 202-203
Parking ............................................................................................................................. 136
Motion Picture Production....................................................................................................... 50
Motorcycle Sales ..................................................................................................................... 47
Multiple Dwelling.................................................................................................. 26, 29, 31, 41
Parking ............................................................................................................................. 135
Music School ............................................................................................................... 26, 44, 46
Musical Instrument .................................................................................................................. 44
Name Plate ..................................................................................................................... 124, 127
Newspaper ........................................................................................................... 16, 19, 29, 159
Nightclub ................................................................................................................................. 46
Non-Conforming Use ........................................................ 6, 11, 29, 31, 73, 101, 106, 151, 202
Nursery School .............................................................................................. 27, 29, 30, 42, 137
Nursing Home .................................................................................................................. 42, 192
Sign .................................................................................................................................. 124
Obscene Sign ................................................................................................................. 119, 203
Office
Business ....................................................................................................................... 34, 44
Business Parking.............................................................................................................. 136
Complex Sign .................................................................................................. 123, 127-128
Manufactured Home Park ................................................................................................ 137
Professional........................................................................................................................ 42
Temporary............................................................................................................ 30, 34, 106
Open House Sign ................................................................................................................... 122
Open Porch ................................................................................................................ 25, 29, 112
Optical Shop ............................................................................................................................ 44
Orphanage ................................................................................................................................ 41
Outside Patio (Commercial)...29, 44
Packaging................................................................................................................................. 50
Parapet ............................................................................................................. 92, 115, 118, 188
Parking.7, 10-11, 13, 18, 25, 29, 50, 55, 65, 70, 73, 75, 86-88, 90, 94, 98-102, 107,
109, 111, 114, 118, 121, 127, 129, 131-141, 143, 145, 149, 203
Page 241
Area.................................. 7, 10, 65, 70, 75, 99-100, 111, 118, 121, 131-134, 137-138, 203
Facilities ................................................................................. 35, 44, 46, 114, 127, 131-134
Handicap .................................................................................................................. 134, 138
Requirements ........................................................................................................... 131-141
Penalty
Civil ................................................................................................................... 14, 155-156
Criminal ............................................................................................................................. 14
Permit
Building ............................................................. 8, 15-16, 25, 31, 36, 57-58, 75, 81, 83, 85,
97, 99, 107, 110, 119, 188, 198, 202
Land Division .............................................................................................................. 96-97
Lighting............................................................................................................................ 152
Sign ................................................................................ 10, 75, 118-119, 122-123, 128-130
Use ................................ 6, 9, 11, 14, 20, 34-36, 37, 46, 48, 51-52, 85, 90, 96-99, 103-105,
107, 109-110,121-122, 127, 130, 152, 191-192, 194-198
Pet Shop ............................................................................................................................. 46, 48
Photography ............................................................................................................................. 42
Planned Area Development ................................................................................. 53-54, 74, 100
Playgrounds ............................................................................................................... 34, 54, 124
Poles ......................................................................................................... 92, 114, 149, 188, 198
Poolroom.................................................................................................................................. 46
Principal Building ............................................................................. 24-25, 29, 35, 84, 111-112
Private Camp ........................................................................................................................... 73
Private Club ............................................................................................................................. 42
Parking ............................................................................................................................. 136
Private
Garage .......................................................................................................................... 26, 29
Parks .................................................................................................................................. 74
Use..29, 31, 74, 142
Professional
Office ................................................................................................................................. 42
Use .............................................................................................................................. 29, 31
Page 242
Public
Auction .............................................................................................................................. 49
Camp .................................................................................................................................. 73
Garage .......................................................................................................................... 26, 29
Recitals ........................................................................................................................ 44, 46
Use ................................................................................................................... 29, 31, 56, 74
Utility ................................................................................. 10, 34, 54, 74, 76, 124, 147, 190
Publishing .......................................................................................................................... 50-51
Race Track ............................................................................................................................... 51
Radio studio ............................................................................................................................ 50
Reconstruction, Substantial ................................................................................... 115, 119, 128
Recreational Vehicle...24, 28-32, 73, 100, 103-105
Occupancy ........................................................................................................... 36, 40, 103
Repair ......................................................................................................................... 46, 110
Resident Camping.............................................................................................................. 73
Sales . ................................................................................................................................. 47
Storage Area ............................................................................................................ 100, 103
Religious
Camps ................................................................................................................................ 73
Institutions ..................................................................................................... 34, 37, 44, 202
Signs ................................................................................................................................ 124
Symbols ........................................................................................................................... 120
Relocation of Signs ........................................................................................................ 119, 128
Removal of
Hitches ............................................................................................................................. 103
Prohibited Structures ......................................................................................................... 14
Signs ................................................................................................................ 120, 122, 130
Towers.. 198
Rental
Equipment ......................................................................................................................... 48
Rooms ................................................................................................................................ 86
Sign .......................................................................................................................... 122-123
Page 243
Resident Camping.................................................................................................................... 73
Restaurant ........................................................................................................ 23, 25, 30, 44, 50
Parking ..................................................................................................................... 135-136
Restoration ......................................................................................................................... 6, 106
Retail Sales .......................................................................................................... 44, 46, 50, 108
Revival Tents ........................................................................................................................... 42
Rinks ........................................................................................................................................ 49
Parking ............................................................................................................................. 136
Roof Line ......................................................................................................... 25, 115, 125, 144
Rooming House ................................................................................................................. 24, 30
Parking ............................................................................................................................. 135
Sign .................................................................................................................................. 124
Safety
Collapse ..................................................................................................................... 92, 198
Hazard .............................................................................................................................. 118
Street Lighting ................................................................................................................. 100
Traffic Visibility ................................................................................................................ 93
Sales
Garage .............................................................................................................................. 108
Livestock...................................................................................................................... 49, 51
Office ..................................................................................................... 30, 35, 42, 107, 122
Real Estate ................................................................................................................. 30, 107
Retail ........................................................................................................ 44, 46, 48, 50, 108
Services .............................................................................................................................. 42
Vehicles ............................................................................................................................. 47
Wholesale .................................................................................................................... 46, 48
Salvage ............................................................................................................................. 51, 108
Satellite Dish............................................................................................................................ 10
Screening ..................................................... 7, 11, 48, 75, 93, 99, 101, 104-106, 109, 137, 189
School ................................ 5, 26-27, 29-31, 34, 37, 42, 46, 55, 56, 73, 124, 137, 151, 200-202
Business ......................................................................................................... 26, 45, 46, 137
Nursery .............................................................................................. 26, 27, 29-30, 42, 137
Page 244
Page 247
Base Fee
$ 85.00
Remodel
$ 85.00
$ 85.00
3. Non-Residential:
Motels; Camps; Commercial; Industrial.
Otherwise, minimum permit.
Miscellaneous Non-Residential,
such as fences, walls, paving, sign supports, etc.
$85.00
Change of Use
Non-Residential Remodel
$355.00
4. Minimum Permit
$50.00
$50.00
$50.00
$65.00
Retain 80%
$700.00 (non-refundable)
$190.00
$190.00
$ 105.00
$210.00
Renewal
$190.00
Second Renewal
Sign Permits
Base Fee
$145.00
$180.00
$180.00
Note: Structures other than purely supports (such as monuments, poles and standards) must be permitted as structures separate
from their associated signs with permits under general Zoning Clearance Procedures or have a proven pre-existing legal status.
Hearing Applications to Boards of Adjustment & Appeals
1.
Base Variance
$530.00
2.
$50.00
$1040.00
$440.00
$530.00
$530.00
Miscellaneous
Base Fee
$530.00
Administrative Amendment
$250.00
$0.00
Full Fee
$85.00
$870.00
$1885.00
$3830.00
50% of Base Fee
Note: On Wireless Use Permit applications, a $150 rebate/incentive will be given to the applicant for every additional wireless
provider that certifies in writing, at the time of submittal, that they will co-locate their antennae on the tower if approved.
$800.00
$3645.00
$2590.00
Minor
$350.00
Subdivisions
Sketch Plan
Preliminary Plat
Final Plat
$615.00
$300.00
$300.00
$500.00
$345.00
Base Fee
$580.00
Re-advertising
Base Fee
$250.00
$375.00
YAVAPAI COUNTY
Development Services
Prescott Office -
Cottonwood Office -
Addressing Building Safety Customer Service & Permitting Environmental - Land Use Planning
Refund Policy
BOS Adoption January 11, 2007
Amended January 19, 2010
Development Services fees have been adopted by the Board of Supervisors to cover the cost of provided
services. Included in the adopted codes and ordinances are provisions for the refund of monies when an
application is withdrawn prior to completion of the process or due to duplication or departmental error. No
refunds are processed for expired applications or permits, except for Impact Fees
A refund must be requested in writing by the applicant for consideration. This request for refund shall be filed
by the original permittee not later than 180 days after the date of fee payment. The time limit for a request for
refund shall be extended in conjunction with an application/approved permit extension for permits with no
construction begun, not to exceed one (1) year. Monies are refunded to original payor only, unless written
authorization is included in the request granting permission to refund fees to another party. Refunds for less
than $5.00 will not be processed.
Planning Unit
Hearings
Application Accepted No Processing
Application Accepted Agency Review Only
Application Accepted Advertising done/
up to 20 days prior to hearing
Posting done/Briefs Complete
Document Fees
Department Errors
Land Use Unit
Hearings
Minor Land Division Permit
Zoning Clearance Fees
Denied or Withdrawn Zoning Clearance
Document Fees
Department Errors
Building Safety Unit
Plan Check Fees
100% Refund
75% Refund
50% Refund
No Refund
No Refund
100% Refund
Environmental Unit
Environmental Fees:
Application withdrawn/prior to EU Processing
EU has processed permit no construction begun
Construction of EU permit begun and/or inspected
and/or finaled.
Document Fees
Department Errors
Impact Fees
Permit withdrawn or expired /
no construction begun
whichever is greater.
No Refund
100% Refund
100% Refund
50% Refund
No Refund
No Refund
100% Refund
100% Refund