0% found this document useful (1 vote)
3K views253 pages

Planning Zoning Ordinance

This document outlines the planning and zoning ordinance for the unincorporated areas of Yavapai County, Arizona. It was originally adopted in 1968 and last updated in 2013. The ordinance contains chapters on introductory provisions, administration, definitions, use districts, general provisions, and overlay zones. It establishes zoning districts, maps boundaries, and provides regulations and standards for land uses, permits, nonconformities, amendments, and enforcement within the county's jurisdiction.

Uploaded by

Trbvm
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (1 vote)
3K views253 pages

Planning Zoning Ordinance

This document outlines the planning and zoning ordinance for the unincorporated areas of Yavapai County, Arizona. It was originally adopted in 1968 and last updated in 2013. The ordinance contains chapters on introductory provisions, administration, definitions, use districts, general provisions, and overlay zones. It establishes zoning districts, maps boundaries, and provides regulations and standards for land uses, permits, nonconformities, amendments, and enforcement within the county's jurisdiction.

Uploaded by

Trbvm
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

PLANNING AND ZONING


ORDINANCE
FOR THE UNINCORPORATED
AREAS OF
YAVAPAI COUNTY, ARIZONA

YAVAPAI COUNTY BOARD OF SUPERVISORS


ORIGINAL ADOPTION FEBRUARY 5, 1968
UPDATED AND REFORMATTED EFFECTIVE
JANUARY 16, 2003
WITH UPDATES THROUGH
AUGUST 5, 2013
LAST PRINT - JANUARY 2007

Page 1

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

TABLE OF CONTENTS
YAVAPAI COUNTY PLANNING & ZONING ORDINANCE

CHAPTER 1 INTRODUCTORY PROVISIONS


Section
Page
101 - SHORT TITLE ......................................................................................................................... 5
102 - PURPOSE ................................................................................................................................. 5
103 - SCOPE ...................................................................................................................................... 5
104 - SEVERABILITY...................................................................................................................... 5
105 - REPEAL OF INCONSISTENT PROVISIONS ...................................................................... 5

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

CHAPTER 4 USE DISTRICTS


400 USE DISTRICTS ........................................................................................................................ 33
410 R1L District (Residential; Single Family Limited) .................................................................... 34
411 RMM District (Residential; Multi-Sectional Manufactured Homes)......................................... 38
412 R1 District (Residential; Single Family)..................................................................................... 39
413 RCU District (Residential; Rural) ............................................................................................... 41
414 R2 District (Residential; Multi-Family)...................................................................................... 42
415 RS District (Residential and Services) ........................................................................................ 43
420 C1 District (Commercial; Neighborhood Sales and Services) ................................................... 45

Page 2

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

421 C2 District (Commercial; General Sales and Services).............................................................. 47


422 C3 District (Commercial and Minor Industrial) ......................................................................... 49
430 PM District (Performance Industrial) ......................................................................................... 51
431 M1 District (Industrial; General Limited)................................................................................... 52
432 M2 District (Industrial; Heavy)................................................................................................... 53
440 PAD District (Planned Area Development) ............................................................................... 54
441 Open Space and Sustainable Development Option . 61
442 Cluster and Open Space Option .. 69
450 RCD District (Residential Camping District) .......................................................................... 74
460 OS District (Open Space Resource Conservation Zone) ......................................................... 75
470 OVERLAY ZONES .................................................................................................................. 76
A. Introduction .......................................................................................................................... 76
B. Design Review Overlay (DRO) Zones ............................................................................ 76

CHAPTER 5 GENERAL PROVISIONS


500 - GENERAL DISTRICT PROVISIONS ............................................................................. 85
501 - Accessory Uses and Structures ............................................................................................... 85
502 - Access Requirements for Non-Residential Uses....85
504 - Administrative Review with Comment Period ..................................................................... 86
505 - Agricultural Exemptions ........................................................................................................ 86
507 - Bed and Breakfasts .................................................................................................................. 87
512 Community Garden88
516 - Density Districts ...................................................................................................................... 88
519 - Density Formulas..................................................................................................................... 89
522 - Drainage Criteria Manual ....................................................................................................... 90
525 - Dwelling -Secondary Medical ................................................................................................ 90
528 - Dwelling Prohibition ............................................................................................................... 92
529 Flood Management Regulations 92
531 - Fuel Storage Tanks in conjunction with automotive service facility ................................... 92
534 - Golf Course Standards ............................................................................................................ 92
537 - Guest Home Detached.......................................................................................................... 94
540 - Heights Limits ......................................................................................................................... 94
543 - Home Occupation .................................................................................................................... 95
546 - Land Division .......................................................................................................................... 96
549 - Liquid Propane Dispensing Retail....................................................................................... 99
552 - Manufactured Housing/Multi-Sectional Manufactured Housing ........................................ 100
555 - Manufactured Home Parks .................................................................................................... 100
558 - Nuisance and Hazards ............................................................................................................ 103
561 - Outside Display- Commercial ................................................................................................ 103
564 - Outside Storage..104
565 Park Models...107
567 - Protective Screening . .108
568 Public Works Regulations 108
570 - Real Estates Offices- Temporary ...108
571 RVs and Travel Trailers Temporary Camping.109
573 - Self- Service Storage Facilities ..109
581 Trash, Garbage and Refuse Containment..111
582 - Use Permits .111
585 - Vehicle & Portable Machinery Repair112
588 - Yards and Courts .112

Page 3

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

CHAPTER 6 FOCUSED DEVELOPMENT REGULATIONS


601 - SIGN CODE ............................................................................................................................. 115
602 - PARKING AND OFF-STREET LOADING..................................................................... 132
603 - LIGHT POLLUTION CONTROL ......................................................................................... 143
604 - STREET NAMING & ADDRESSING .................................................................................. 154
605 - WIRELESS COMMUNICATIONS FACILITIES ................................................................ 189
606 - SEX ORIENTED BUSINESSES ............................................................................................ 200

CHAPTER 7 ORDINANCE AMENDMENTS


701 ORDINANCE AMENDMENTS ................................................................................. ............. 205

INDEX ......................................................................................................................................................... 234


YAVAPAI COUNTY DEVELOPMENT SERVICES FEE SCHEDULE AND
REFUND POLICY

Page 4

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

CHAPTER 1 - INTRODUCTORY PROVISIONS


SECTION 101 SHORT TITLE
This Ordinance shall be known and may be cited as the "Planning and Zoning Ordinance of the County
of Yavapai".
SECTION 102 PURPOSE
Relating to the adoption of a comprehensive long term plan of development for the unincorporated of
jurisdiction of Yavapai County, Arizona as provided in Title 11, Chapter 6 of the Arizona Revised
Statutes (A.R.S.); in order to conserve and promote the public health, safety, convenience and general
welfare, by guiding and accomplishing a coordinated and harmonious County development for future
growth.
SECTION 103 SCOPE
In the interpretation and application, the provisions of this Ordinance (unless otherwise provided) shall
be deemed minimum requirements designed to govern the division and use of land in order to: secure
safety from fire, panic and other dangers; provide adequate light and air; prevent overcrowding of land
and avoid undue concentration of population in certain areas; facilitate adequate provision of
transportation, water, sewerage, schools, parks and other public requirements; maintain and promote
stable values of land and structures. These provisions shall govern whenever they are more stringent
than any other statute, ordinance, legal covenant, agreement or contract, but shall not abrogate any
other such requirement which is more stringent or restrictive than these provisions.
SECTION 104 SEVERABILITY
This Ordinance and the various parts thereof are hereby declared to be severable. If any section,
subsection, clause, word or phrase within this Ordinance is for any reason held to be unconstitutional,
such holding shall not affect the validity of the remaining portions of this Ordinance.
SECTION 105 REPEAL OF INCONSISTENT PROVISIONS
All Ordinances and portions of Ordinances of Yavapai County in conflict herewith are hereby
repealed.

Page 5

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Indian trust lands.

3.

Other publicly owned and operated facilities used for essential government purposes.

4.

The use or occupation of land or improvements for railroad, mining, metallurgical,


grazing, agricultural composting or general agricultural purposes, if the tract concerned
is not less than five (5) contiguous commercial acres. An agricultural composting
operation shall notify in writing the Board of Supervisors and the nearest fire
department of the location of the composting operation. This exemption shall not be
construed to include commercial feedlots and other allied commercial or industrial
uses.

SECTION 202 NON CONFORMING USES


The lawful use of any building, structure, or land existing at the time of the effective date of this
Ordinance may be continued, although such use does not conform with the provisions hereof.
A.

DISCONTINUANCE: If a non-conforming use shall be discontinued on a continuous basis for


a period of twelve (12) months except as noted for dwelling units, any subsequent use shall
conform with the provisions of this Ordinance. If the use of a dwelling unit as non-conforming
lodging is discontinued on a continuous basis for a period of thirty (30) days, such use shall
conform with the provisions of this Ordinance.

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.

EXPANSION: Except as otherwise specifically allowed in this Section, no increase in the


extent of non-conformity of a non-conforming situation is permitted. In particular, no nonconforming use shall be enlarged or extended in such a way as to occupy any part of the
structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or
site, except as permitted in this Section. Pursuant to Arizona Revised Statutes 11-830, within
any zoning district, subject to the granting of a Use Permit, a non-conforming business use may
expand if such expansion does not exceed one hundred percent (100%) of the area of the
original business. Such expansions shall be limited to uses of the same basic nature and
character. Expansion shall be limited to the original parcel on which the use was located at the
time it became non-conforming. For uses within a structure, the expansion shall be measured
by floor area. For business uses not involving a structure, for example junk yards, truck yards,
Page 6

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

SECTION 203 ESTABLISHMENT OF DISTRICTS


In conformity with the Purpose and Effect of this Ordinance USE DISTRICTS and DENSITY
DISTRICTS are hereby established in order to classify, regulate, restrict and separate: uses of land and
structures; lot dimensions and areas; yard widths and depths, percent of lot coverage and open spaces;
density formulas, height and bulk of structures, etc. These Districts are designed to be used in
combinations and as such are hereby referred to as a ZONING DISTRICT. Any reference to a "Use"
shall be deemed to include "principal and accessory uses and structures".
SECTION 204 ZONING MAP
Any map officially adopted delineating the locations and boundaries of the various "Use" and
"Density" Districts within any portion of the unincorporated County area of jurisdiction, together with
subsequent supplementary maps, shall be known collectively as the ZONING MAP for the County of
Yavapai, Arizona and becomes an official record, as part of this Planning and Zoning Ordinance as if
the matters and information set forth by said map were fully described in the Ordinance. Where a Use
District has been adopted but not combined with a specific Density District, then the provisions of
Density District 2A (Section 516) shall govern. Until such a time as an official Zoning Map is
adopted, all of the unincorporated portion of Yavapai County is hereby deemed to be zoned RCU
(Section 413) the same as though such zone were shown on an official map.
A.

DISTRICT BOUNDARY DETERMINATION: The District boundaries on the map are


intended to follow lot lines, subdivision lines, section lines or centerlines of streets, alleys, or
other rights-of-way (or extensions thereof) as they existed at the time of the enactment of the
Map, except where referenced by dimensions thereon. Uncertainty of location of a District
boundary shall be determined by the County Adjustments Board unless same can be resolved to
the satisfaction of the Development Services Director and persons of interest by using the scale
of the map. Where such boundary scales to within twenty-five feet (25) of a common division
line or a right-of-way, then it shall be deemed as following such division line or the center of
the right-of-way, as the case may be.

B.

ABANDONED RIGHTS-OF-WAY: Where a public street or alley or other right-of-way is


officially abandoned, the abutting District boundaries shall automatically extend to the
centerline thereof.

Page 7

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 205 ENFORCEMENT


A.

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.

ZONING VIOLATION HEARING:


1.

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
Page 8

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

A.R.S. 11-815 (E).


2.

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.

The Hearing Officer administers oaths.

c.

The Hearing Officer issues subpoenas and summonses ordering appearance


before the Hearing Officer.

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.

Appointment: The Hearing Officer shall be appointed by the Board of Supervisors.

5.

Qualifications:
a.

The Hearing Officer shall have training, experience or familiarity with


administrative hearings and this Ordinance.

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.

ZONING CLEARANCE: No building or structure shall be erected, added to, usage/occupancy


changed (Zoning Clearance used as a Change of Use Permit) or structurally altered until a
Zoning Clearance therefore has been issued by the Land Use Specialist. All applications for
such clearances shall be made in the office of the Land Use Specialist on forms provided,
together with a plot plan of the proposed construction containing sufficient information for the
enforcement of this Ordinance. All such clearances shall be obtained prior to the start of
construction and the place card prominently displayed upon the site thereafter.
1.

Exemptions from clearances:


a.

No such Zoning Clearance shall be required for repairs or improvements (except


as required by adopted building codes) to include the following:
(1)

Any residential detached structure under 200 square feet.

(2)

Any residential fence under 50 linear feet (fences over six feet will
require a permit regardless of length).

(3)

Any residential block, masonry, stone or concrete wall under 50 linear


feet (walls over four feet in height from grade will require a permit
regardless of length).
Page 9

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

(4)
b.

Any addition to an existing residential structure where sum of total


square footage is less than 200 square feet.

The following are exempted from the definition of structure and, hence, do not
require a Zoning Clearance:
(1)

Roof-mounted solar equipment and ground-mounted solar equipment


(not including walls, foundations, enclosures, etc.).

(2)

Swimming pools, hot tubs, whirlpools, and other pre-fabricated above


ground re-locatable outdoor recreational equipment (not including slabs,
foundations, enclosures, decks, etc.).

(3)

Satellite dishes or up-right mast antennae (not including slabs,


foundations, enclosures or permanent structural supports).

(4)

Machinery and equipment substantially manufactured elsewhere and


placed on site (not including slabs, foundations, supports, enclosures or
other structural features built on site or permanently attached to the
ground).

(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)

Underground installations with no significant above ground structural


features such as fuel tanks (not including installations which permit the
entry of persons or domestic animals).

(7)

Vehicles (except for mobile homes).

(8)

Tents, tepees, tree houses for children's play use.

(9)

Fences for agricultural or grazing purposes on parcels of five (5) acres or


more.

(10)

Earthworks with no added structural materials that do not exceed fifty


(50) cubic yards on any one (1) lot and do not obstruct a drainage
course.

(11)

Landscaping including the use of ground level structural materials (not


including vertical walls, fences, concrete walks, paved parking areas,
concrete or asphalt driveways, patios, slabs, decks, enclosures, gazebos,
arbors and any above ground features).

(12)

Improvements within mine shafts and caves.

(13)

Public Utility lines, structures, and installations.

(14)

Pavement and drainage structures in rights-of-way and non-exclusive


easements.

c.

Signs do not require regular Zoning Clearances but do require sign permits as
provided in Section 601.

d.

The exemption of an object or improvement from the requirement for a Zoning


Clearance does not remove such object or improvement from the requirement to
comply with all other regulations of this Ordinance and other codes.
Page 10

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

2.

3.

Zoning Clearance Issuance: No clearance referencing the utilization of a licensed


contractor shall be issued without first confirming the referenced license is in good
standing utilizing information provided by the Arizona Registrar of Contractors. For
each clearance issued the Land Use Specialist shall provide:
a.

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.

Assessor's Parcel Number identifying the property.

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.

A permit or statement of approval from the County Environmental Unit


concerning the sanitary system and facilities; or evidence of hookup to an
existing sewer system; or evidence of a state-approved system.

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.

Commercial, industrial, multi-family, or non-residential uses or structures


require additional information concerning such matters as parking, signs,
screening, landscaping, lighting, drainage and similar details. These items
require review by the Planning and Design Review Division prior to the
issuance of a zoning clearance.

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.

In cases where the lot contains a non-conforming use and/or non-permitted


structure otherwise disallowed in the designated zone, evidence to prove
"grandfathered" status as a pre-existing use or structure or a Board of
Supervisors' approved Use Permit granted to permit the prohibited use.

Page 11

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

A signed plot plan showing the following:

l.

4.

(1)

Shape and dimensions of lot boundaries.

(2)

Location of rights-of-way or ingress and egress easements lying on the


parcel or providing access to the parcel.

(3)

Location, dimensions, spacing and heights of existing and proposed


structures on the lot.

(4)

Washes or waterways on or within two hundred feet (200) of the lot.

(5)

North designation.

(6)

Location of sanitary facilities and hook-ups.

Such other information as the Land Use Specialist may require for the purpose
of determining whether the application complies with the Ordinance
requirements.

Clearance Validity: No Zoning Clearance presuming to give authority to violate any of


the provisions of this Ordinance or any existing law, shall be issued, and if issued shall
not be valid except in so far as the work or use which it authorizes is lawful and
permitted. In all other instances the clearance is valid provided:
a.

A place card is openly displayed at the improvement site during construction,


repair, or alteration.

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.

Any requirements or stipulations conditional upon which the clearance was


issued are complied with.

Page 12

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

d.

5.

Suspension or Revocation: The Land Use Specialist may, in writing, suspend or


revoke a permit issued under the provision of this Ordinance when the permit is
issued in error or on the basis of incorrect information supplied, or in violation
of an ordinance or regulation or the provisions of these codes.

Expiration of Clearance Application: Applications for which no permit is issued within


one hundred eighty (180) days following the date of application, shall be voided. The
Chief Land Use Specialist may extend the time of action by the applicant for a period
not exceeding one hundred eighty (180) days or six (6) months upon written request by
the applicant showing that circumstances beyond the control of the applicant have
prevented action from being taken. An application shall not be extended more than
once. An application shall not be extended if this code or any other pertinent laws or
ordinances have been amended subsequent to the date of application.

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.

A Certificate of Compliance may be required as stipulated in the action specified by


motion of the Planning and Zoning Commission, Board of Supervisors and/or a Board
of Adjustment.

3.

Reviews and Inspections:


a.

Upon approval of an application, the Development Services staff shall


determine which of the following agencies have jurisdiction and shall obtain
proof of compliance from the applicant:
(1)

County Public Works (streets and roads, drainage structures, access to


County Highways)

(2)

Arizona Department of Transportation (access to State Highways)

(3)

Fire District, Fire Department, or State Fire Marshal (water storage,


hydrants, line size, access)

(4)

County Environmental Unit or State Department of Environmental


Quality (septic/sanitation systems)

(5)

Water and/or sewer providers (facilities, fees)

(6)

County Hydrologist (drainage plan, flood variance conditions)

(7)

County Planner (uses, conformance to plans, conditions of approval,


lighting, signs, parking, landscaping, building exteriors)

(8)

County Land Use Specialist (setbacks, heights, compliance with


subdivision regulations, zoning ordinance)
Page 13

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

b.

(9)

Arizona Office of Manufactured Housing (manufactured home


installation)

(10)

County Health Department or State Health Department (restaurants/food


establishments).

Development Services staff shall arrange for an on-site inspection of the


property, which shall be completed within the timeframes specified in the
application approval unless additional time is requested by the applicant. Any
additional time requested may be approved administratively by the
Development Services Director.

4.

Statement of Finding: If a Certificate of Compliance cannot be issued, a statement of


the specific points of noncompliance shall be included together with advice to the
applicant as to alternate methods of remedy including rights of appeal.

5.

Issuance of Certificate of Compliance: The Development Services staff shall issue to an


applicant a Certificate of Compliance, if appropriate, specifying precisely what use or
occupancy is permissible. Certificates may be issued for a phase or portion of a project
even though phases or portions were not specified in the original application.

6.

Suspension, Revocation, and Reinstatement: Upon receipt of new information, the


Development Services staff, when warranted in his opinion, may review a Certificate of
Compliance, re-inspect, amend or issue new findings, and, if necessary, suspend or
revoke all or a portion of a Certificate of Compliance. The failure of an applicant to
reinstate a Certificate of Compliance within thirty (30) days shall constitute an
Ordinance violation and may result in the revocation of a Use Permit or other approvals.

7.

Interpretation and Appeals: The applicant has the right of appeal to the Board of
Adjustment with regard to matters within their jurisdiction.

SECTION 206 PENALTIES AND REMEDIES


A.

PENALTIES (Civil):
1.

Each day's continuance of a zoning violation shall be deemed a separate offense.

2.

The maximum penalty for each offense shall be:


a.

Seven hundred fifty dollars ($750.00) for an individual; or

b.

Ten thousand dollars ($10,000.00) for any enterprise corporation, association,


labor union or other legal entity.

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.
Page 14

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

3.

If any structure is erected, constructed, reconstructed, altered, maintained or used, or


any land is used, in violation of this Ordinance, the Board of Supervisors, the County
Attorney, the Land Use Specialist or any adjacent or neighboring property owner who is
especially damaged by the violation may institute injunction, mandamus (court order),
abatement or any other appropriate legal action or proceedings to prevent, abate or
remove the violation.

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.

SECTION 207 ADJUSTMENT BOARD


There shall be one (1) Board of Adjustment, which shall be appointed and shall have jurisdiction in
each Supervisorial District in which this Ordinance has been applied.
A.

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.

POWERS: The Board shall have power to:


1.

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
Page 15

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

extended area following an approved plan, with particular significance in instances


where the Supervisors have adopted a zoning request in such a manner that a project
development is to follow permission to extend such zoning.

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.

If an application involves a definite development scheme it must be accompanied by:

3.

E.

a.

A layout and landscape plan.

b.

A typical building elevation and other pertinent development characteristics.

c.

Total cost of the project.

d.

Evidence of ability and intention of the applicant to proceed with the actual
construction and diligently pursue to completion.

A variance appeal applicant should be prepared to show:


a.

That there are special circumstances or conditions applicable to the property of


application, or to the adjacent property, or to the neighborhood, that justify
variance from the requirements so that strict application thereof would work an
unnecessary hardship and that the granting of the request is necessary for
preservation and enjoyment of substantial property rights.

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.
Page 16

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

F.

1.

In approving an application, in all or in part, the Board of Adjustment may designate


such conditions in conjunction therewith that will, in its opinion, secure substantially
the objectives of this Ordinance and may require guarantees in such form as it deems
proper under the circumstances to insure that such condition be complied with. Where
any such conditions are violated or not complied with, the approval shall cease and the
Land Use Specialist shall act accordingly.

2.

In granting of permission to proceed on a specific development scheme or of a permit


for a construction variance, the same shall be contingent upon permits being obtained
and work commenced within six (6) months and being diligently pursued. Failure of
such shall void the ruling unless a longer time had been granted or an extension in time
is secured.

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.

Statement as to the nature of the request.

b.

Legal description.
Page 17

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

3.

c.

Signatures of the property owner(s) of record or the authorized agent of the


owner(s).

d.

A letter of authorization if the property owner is represented by an agent.

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.

Written permission to enter the property.

g.

Any other information reasonably necessary to evaluate the application, which


is required by the Director or his designee.

h.

Name and mailing address of adjacent affected property owner(s). Notification


of the request will be sent to the adjacent affected property owner(s) for their
information and comment.

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.

Site Area - Additional Findings:


In order to grant approval of an Administrative Adjustment allowing a reduction in
minimum lot area or parcel size, the Director must make the following additional
finding: That the property cannot otherwise meet the minimum lot area requirement of
its current Zoning Classification.

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.

Page 18

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 208 AMENDMENTS


The Board of Supervisors may, from time to time, following public hearings and Commission report as
prescribed by this Ordinance, amend, supplement or change the Zoning Regulations or Map. Any such
proposed change may be initiated by the Commission, the Board of Supervisors or by petition and
application of property owners. Application for Amendment shall be filed in the office of the Land
Use Specialist on forms provided.
A.

DISTRICT BOUNDARY CHANGE (Rezoning): A property owner or authorized agent of a


property owner desiring an amendment or change in the Zoning Ordinance changing the
Zoning District boundaries within an area previously zoned shall file an application for the
Amendment or Change. Site plans and/or graphic representations are required with rezoning
applications, unless waived by the Board of Supervisors upon recommendation from the
Commission.

B.

ZONING REGULATIONS CHANGE (Text): An application for a change in the Regulations


(not fixed by A.R.S. requirements) shall be accompanied by the written consent of at least
twenty (20) owners of property in the Yavapai County area of jurisdiction.

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.

If a proposed amendment is a Commission initiative at the written request of others, the


proposal shall not be noticed prior to receiving the required fee and charges.

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.

NOTICING FOR HEARINGS:


1.

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
Page 19

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

effective means of noticing the application hearing.


2.

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.

Such list shall be certified by a Title Company as current owners, or certified by


the applicant as last owners of record in the County Assessor's Office.

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.

SECTION 209 CITIZEN PARTICIPATION


I.

CITIZEN PARTICIPATION PLAN

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.

Facilitate ongoing communication between the applicant, interested citizens and


property owners, County staff, Planning Commissioners and elected officials
throughout the application review process.

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.

Property owners notice area shall be as follows:


Subject Property Size Notice Boundary
a.

One (1) acre or less three hundred feet (300)

b.

More than one (1) acre one thousand feet (1,000)


Page 20

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

E.

2.

The head of any homeowners association or community/neighborhood within at least


one thousand feet (1,000) radius of the project site unless a greater distance is required
by other Sections of this Ordinance.

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.

How those affected or otherwise interested will be provided an opportunity to discuss


the applicants proposal with the applicant and express any concerns, issues, or
problems they may have with the proposal in advance of the public hearing.

4.

The applicants schedule for completion of the citizen participation plan.

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.

CITIZEN PARTICIPATION REPORT

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.

Details of techniques the applicant used to involve the public, including:


a.

Dates and locations of all meetings where citizens were invited to discuss the
applicants proposal;

b.

Content, dates mailed, and numbers of mailings, including letters, meeting


notices, newsletters and other publications;
Page 21

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

2.

c.

Where residents, property owners, and interested parties receiving notices,


newsletters, or other written materials are located;

d.

The number of people that participated in the process.

A summary of concerns, issues and problems expressed during the process, including:
a.

The substance of the concerns, issues, and problems;

b.

How the applicant has addressed or intends to address concerns, issues and
problems expressed during the process;

c.

Concerns, issues and problems the applicant is unwilling or unable to address


and why.

Page 22

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.
Page 23

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

BUILDING (FACTORY BUILT) - A residential or nonresidential building including a dwelling unit


or habitable room thereof which is either wholly or in substantial part manufactured at an off-site
location (factory assembled) to be assembled on-site, and complies with current adopted Building
Codes (except that it does not include a multi-section manufactured home, manufactured home, park
model, recreational vehicle or mobile home).

Page 24

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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)

LOT (INTERIOR) - Lots having no side lot line abutting on a street.


LOT (KEY) - An interior lot contiguous to the rear line of a corner lot and fronting on the side street
of such corner lot.
LOT LINE (FRONT) - That part abutting a street. The front line of a corner lot shall be the shorter
of the two street lines as originally platted, or if such are equal, the most obvious front by reason of
usage by adjacent lots. The front line of a through lot shall be that line which is obviously the front by
reason of usage by adjacent lots. Such a lot exceeding one hundred eighty-eight feet (188) in depth
may be considered as having two (2) front lines.
LOT LINE (REAR) - That lot line opposite the front line. Where the side lines of the lot meet in a
point, the rear line shall be considered parallel to the front line or a tangent of the mid-point of a
curved front line and lying ten feet (10) within the lot.
LOT LINE (SIDE) - Those property lines connecting the front and rear property lines.
LOT (THROUGH) - A lot in which both the front and rear line abut on a street.
MAINTAIN - The replacing or renovating of a part (or parts) of a structure, which has been made
unusable by ordinary wear or tear, or by the weather.
MANUFACTURED HOME - A structure manufactured after June 15, 1976, and placed within
applicable zoning districts, transportable in one (1) or more sections, which in the traveling mode, is
eight (8) body feet or more in width and forty (40) body feet or more in length, and when erected onsite, is three hundred twenty (320) square feet or more in size, and which is built on permanent chassis
and designed to be used as a dwelling with or without a permanent foundation when connected to the
required utilities, and includes the typical plumbing, heating, air conditioning electrical systems and
adequate sanitary sewage disposal system approved, installed and operational. Calculations used to
determine the number of square feet in a manufactured home will be based on the exterior dimensions
measured at the largest horizontal projections when erected on site. These dimensions will include all
expandable rooms, cabinets and other projections containing interior space, but do not include bay
windows. The term "Manufactured Home" does not include recreational vehicles, travel trailers,
factory built buildings, multi-sectional manufactured homes or mobile homes.
MANUFACTURED HOME, MULTI SECTIONAL - A multi-sectional manufactured home not
exceeding two (2) stories in height and manufactured after June 15, 1976, to standards established by
the U.S. Department of Housing and Urban Development (HUD) that when joined forms a residence
for human occupancy that measures sixteen feet by forty feet (16x40) or larger and which is
designed and required to be placed on a permanent foundation system when located on an individual
lot of record. A multi-sectional manufactured home shall have roofing and siding materials similar in
Page 28

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

PROFESSIONAL USE - See USE.


PUBLIC GARAGE - See GARAGE.
PUBLIC USE - See USE.
RESIDENTIAL USE - See USE.
RESTAURANT - An establishment (other than a boarding house) where meals that may be procured
by the public are prepared.
REST HOME - Same as HOSPITAL.
ROOMING HOUSE - A dwelling, otherwise permitted in the District in which it is situated,
containing five (5) or fewer guestrooms and in which food may or may not be served to the occupants
thereof. Any dwelling in which more than five (5) rooms are occupied as guestrooms shall be deemed
to be a hotel.
SALES OFFICE, TEMPORARY - Real estate sales facility for on-site sales only within an
approved subdivision.
SCHOOL (NURSERY) - An institution intended primarily for the daytime care of children of preschool age. Even though some instruction may be offered in connection with such care, the institution
shall not be considered a "School" within the meaning of this Ordinance.
SECONDARY MEDICAL DWELLING - A park trailer, recreational vehicle (excluding campers
and tent trailers), travel trailer or manufactured home with kitchen facilities, used exclusively by an ill,
handicapped or elderly person in need of special care or supervision, or a care provider for such a
person, if the ill, handicapped or elderly person is the owner or resident of the main dwelling or a
relative of the owner or resident of the main dwelling.
SELF-HELP LAUNDRY - See LAUNDRY.
SELF-SERVICE STORAGE FACILITIES - Any multi-unit facility designated or used for the
purpose of providing individual, compartmentalized and controlled access stalls or lockers for the dead
storage of customers' goods and wares as specified in Section 573 (Standards for Self-Storage
Facilities).
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.
SLEEPING ROOM - A room, other than a guestroom, in which no cooking facilities are provided.
STEEL STORAGE CONTAINER A steel structure sometimes referred to as a cargo container,
which is independent of any trailer or axles, and is commercially produced and designed for the
purposes of storage of personal or commercial belongings/products. Does not include tractor-trailers,
boxcars, refurbished sea cargo/ocean-going containers, freight containers or commercial trailers.
STORY - That portion of a building included between the surface of any floor and the surface of the
next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next
above it. A basement, the ceiling of which is less than four feet six inches (46") above the natural
grade level, shall not be considered a floor. A mezzanine floor shall be considered a story if it exceeds
an area of forty percent (40%) of the area of the floor next below it.
STREET - A public passageway that affords a principal means of access to abutting property.
STRUCTURE - The result of arranging materials and parts together and attached to a lot (such as
buildings, tanks and fences), but not including tents or vehicles.
Page 30

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SUPERVISORS - BOARD OF SUPERVISORS OF YAVAPAI COUNTY.


TIMESHARE A project or use where a purchaser receives the right in perpetuity, for life or a term
of years to the recurrent, exclusive use or occupancy of a lot, parcel unit or segment or property,
annually or on some periodic basis, for a period of time that has been or will be allotted from the use
or occupancy periods into which the project has been divided.
TRAILER PARK - Same as MOBILE HOME or RECREATIONAL VEHICLE PARK (COURT).
TRAILER (PARK MODEL) - A park trailer built on a single chassis, mounted on wheels and
designed to be connected to utilities necessary for operation of installed fixtures and appliances and
has a gross trailer area of not less than three hundred twenty (320) square feet and not more than four
hundred (400) square feet when it is set up, and manufactured to comply with ANSI A119.5 standards,
except that it does not include recreational vehicles, travel trailers, campers or fifth wheel trailers.
TRAILER (TRAVEL) - A travel trailer mounted on wheels, designed to provide temporary living
quarters for recreational, camping or travel use, of a size or weight that may or may not require special
highway movement permits when towed by a motorized vehicle and has a trailer area of less than
three hundred twenty (320) square feet. This definition includes fifth wheel trailers and other like
recreational vehicles. (See also VEHICLE (RECREATIONAL))
USE - The purpose for which a building, or lot, or structure, is arranged, designed, occupied or
maintained.
USE (ACCESSORY) - A use incidental to the principal or primary use on the same lot.
USE (LEGAL NON-CONFORMING) - A use that lawfully occupied a building or land at the time
this Code or amendments thereto became effective, which has been lawfully continued and which does
not now conform with the use regulations.
USE (PERMITTED) - A use in a District, which is allowed by reason of being listed among the
"Permitted Uses" in the District.
USE (PRIMARY) - A use that is conducted as the principal use of the lot on which it is situated. For
example a single-family dwelling unit shall be deemed to be the primary use on a residentially zoned
parcel or lot on which the unit is situated.
USE (PRIVATE) - A use restricted to the occupants of a lot or building together with their guests,
where compensation is not received and where no commercial activity is associated with same.
USE (PROFESSIONAL) - The rendering of services of a professional nature by: members of the
professions licensed by competent authority; teachers in a school of general instruction; artists
practicing the fine arts; consultants recognized by organizations of licensed professions.
USE (PUBLIC) - A use (or building) located on public land to serve public benefits (but not
necessarily available to the public admission).
USE (RESIDENTIAL) - Shall be deemed to include single and multiple dwelling units, guestrooms,
rooming and boarding houses, fraternity and sorority houses, convents, homes for the aged and
similar.
VEHICLE - The result of arranging materials and parts together for conveyance over roads (whether
or not self propelled). Such is not deemed a structure in qualifying for a building permit, but as being
accessory to the principal use on a lot (except in connection with vehicular rental or sales agencies and
mobile home courts).
VEHICLE (COMMERCIAL) A vehicle utilized for financial gain in relationship to a business,
non-profit or other non-residential entity, regardless of the location of the entity.
Page 31

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

CHAPTER 4 USE DISTRICTS


SECTION 400 USE DISTRICTS
Those areas of Yavapai County subject to the provisions of this Ordinance are hereby divided into Use
Districts that together with the General Provisions (where applicable) control the uses and structures, and
their manner of installation and operation in the various County areas. Any use or structure not
specifically permitted by District Provisions (or analogous to a permitted use or structure) shall be deemed
prohibited and unlawful (nor shall same be considered an accessory use or structure for the District). The
following comprises the various Zoning Districts and their order (from higher to lower) in applying the
change of use provisions of the Ordinance:
SECTION
410

R1L DISTRICT (Residential; Single Family Limited)

411

RMM DISTRICT (Residential; Multi-Sectional Manufactured Homes)

412

R1 DISTRICT (Residential; Single Family)

413

RCU DISTRICT (Residential; Rural)

414

R2 DISTRICT (Residential; Multi-Family )

415

RS DISTRICT (Residential and Services)

420

C1 DISTRICT (Commercial; Neighborhood Sales and Services)

421

C2 DISTRICT (Commercial; General Sales and Services)

422

C3 DISTRICT (Commercial and Minor Industrial)

430

PM DISTRICT (Performance Industrial)

431

M1 DISTRICT (Industrial; General Limited)

432

M2 DISTRICT (Industrial; Heavy)

440

PAD DISTRICT (Planned Area Development)

441

OPEN SPACE AND SUSTAINABLE DEVELOPMENT OPTION

442

CLUSTER AND OPEN SPACE OPTION

450

RCD DISTRICT (Residential Camping District)

460

OS DISTRICT (Open Space Resource Conservation Zone)

470

OVERLAY ZONES

Page 33

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 410 R1L DISTRICT


R1L DISTRICT (Residential; Single Family Limited to site built structures only) Permitted Uses:
Where no Zoning/Density District has been combined, then all provisions of Density District 10 shall
prevail. (See Section 516 (Density Districts), most common ones shown in attached chart.)
A.

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.

Community parks, playgrounds or centers when part of a community plan.

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.

Non-commercial keeping of chickens on lots less than seventy thousand


(70,000) square feet. Subject to the following development criteria:
(1)

Number of chickens limited to eight (8) per lot.

(2)

Location of containment areas must be at least fifteen (15) feet from all
property lines.

(3)

Roosters are prohibited.

(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)

Compliance with Section 501 (Accessory Uses and Structures) B.


(Accessory Buildings).

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

4.

Temporary construction offices and construction sheds and yards incidental to a


recorded subdivision development or other on-site construction project for a period not
exceeding twenty-four (24) months from date of plat recordation or date of issuance of
construction project permit with no permits (other than electrical permits) required to
install same (prohibited closer to lot boundary than is allowed for a principal building in
the District).

5.

Open land carnival and recreation facilities accessory to educational institutions


(confined to same lot).

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.

Fences and free-standing walls.

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.

The entry feature shall be over a driveway.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Cemetery to be recorded as a perpetual easement attached to a main parcel including


ingress/egress access, within thirty (30) days of approval.

5.

Cemetery is prohibited from becoming a separate tax parcel and must maintain
minimum zoning district requirements.

6.

If a private family cemetery is a primary use, no accessory uses are allowed.

7.

A private family cemetery must meet primary setbacks.

Community Gardens as defined under Section 301 (Definitions), subject to performance criteria
set out in Section 512 (Community Garden).

Page 36

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Min Yard Setbacks


Min Building Spacing is 10 Feet all classes

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 411 RMM DISTRICT


RMM (Residential; Single Family; site built, factory built and Multi-Sectional Manufactured Homes,
no single-wide manufactured homes) Permitted Uses:
Where no Zoning/Density District has been combined, then all provisions of Density District 10 shall
prevail. (See Section 516 (Density Districts), most common ones shown in attached chart.)
A.

All principal and accessory uses and structures permitted in the R1L Zoning District.

B.

Multi-Sectional Manufactured Homes, as defined under Section 301 (Definitions). To be


permitted, Multi-Sectional Manufactured Homes must conform to all provisions set out in
Section 301 (Definitions) and Section 552 (Manufactured Housing/Multi-Sectional
Manufactured Housing Standards).

C.

Factory Built dwelling as defined under Section 301 (Definitions).

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.

Min Yard Setbacks


Min Building Spacing is 10 Feet all classes

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 412 R1 DISTRICT


R1 DISTRICT (Residential; Single Family; site built, multi-sectional and manufactured) Permitted
Uses:
Where no Zoning/Density District has been combined, then all provisions of Density District 10 shall
prevail. (See Section 516 (Density Districts), most common ones shown in attached chart.)
A.

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.

Non-commercial keeping of chickens on lots less than thirty-five thousand (35,000)


square feet. Subject to the following development criteria:
(1)

Number of chickens limited to eight (8) per lot.

(2)

Location of containment areas must be at least fifteen feet (15) from all
property lines.

(3)

Roosters are prohibited.

(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)

Compliance with Section 501 (Accessory Uses and Structures) B.


(Accessory Buildings).

Page 39

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Min Yard Setbacks


Min Building Spacing is 10 Feet all classes

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 413 RCU DISTRICT


RCU DISTRICT (Residential; Single-Family; Rural) Permitted Uses:
This RCU District is intended to provide a zoning classification for all areas of the County not
presently characterized by urban uses. Notwithstanding any other provision of this Ordinance,
including any density designation, no lot or parcel zoned RCU shall have a density less than two (2)
acres.
A.

All Uses allowed in the R1L, RMM and R1 Districts.

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 Size in


Sq. Ft. per
dwelling

Min Lot
Width
and
Depth

Min Yard Setbacks


Min Building Spacing is 10 Feet all classes
Front

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 414 R2 DISTRICT


R2 DISTRICT (Residential; Multi-Family) Permitted Uses:
Where no Zoning/Density District has been combined, then all provisions of Density District 3 shall
prevail. (See Section 516 (Density Districts), most common ones shown in attached chart.)
A.

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.

Lots abutting an arterial highway permit the following:


1.

Rooming and boarding houses.

2.

Fraternity and sorority houses.

3.

Orphanages and homes for the aged.

D.

Bed & Breakfast Homestays as defined under Section 301 (Definitions).

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

Min Yard Setbacks


Min Building Spacing is 10 Feet all classes
Front

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 415 RS DISTRICT


RS DISTRICT (Residential and Services) Permitted Uses:
Where no Zoning/Density District has been combined, then all provisions of Density District 3 shall
prevail. (See Section 516 (Density Districts), most common ones shown in attached chart.)
A.

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.

Nursery schools on minimum one-half () acre parcel.

G.

Revival tents and similar temporary operations.

H.

Educational institutions (privately funded) as defined in Section 301 (Definitions) (provided


they offer a curriculum of general instruction comparable to similar publicly funded
educational institutions).

Page 43

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

Min Yard Setbacks


Min Building Spacing is 10 Feet all classes
Front

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 420 C1 DISTRICT


C1 DISTRICT (Commercial; Neighborhood Sales and Services) Permitted Uses:
Permitted uses and structures shall be compatible with the neighborhood development. Storage of
materials and supplies, displays (other than signs) and other non-residential uses are restricted to
buildings closed on all sides (except as may otherwise be permitted). Intoxicating beverage sale
restricted to that of off-site consumption only.
Where no Density District has been combined, then the provisions of Density District 2 shall prevail
for dwelling units, hotels and motels. (See Section 516 (Density Districts), most common ones shown
in attached chart.)
A.

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.

Retail sales, restricted to on-site sales only.

D.

Commercial art galleries.

E.

Restaurants and cafes, but prohibiting vending from openings in buildings (no drive-through
windows).

F.

Business offices, banks and similar.

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.

Automotive Service Stations: See Section 531 (Fuel Storage Tanks).

K.

Parking facilities limited to no more than two (2) trucks for any one (1) commercial project.

L.

Signs: See Section 601 (Sign Code).

M.

Bed & Breakfast Country Inns - As defined under Section 301(Definitions).

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.

Lodging and Timeshares.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Yard Requirements: As provided under Section 500 (General District Provisions).


Building Heights: In accordance with Section 516 (Density Districts).
Building Density: In accordance with Section 516 (Density Districts).
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

Min Yard Setbacks


Min Building Spacing is 10 Feet all classes
Front

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 421 C2 DISTRICT


C2 DISTRICT (Commercial; General Sales and Services) Permitted Uses:
Storage of materials and supplies, displays (other than signs), and other non-residential uses are
restricted to buildings closed on sides facing lot perimeter (i.e. no service entries/bays facing street or
readily visible from adjacent residential) (except as may otherwise be permitted).
Where no Density District has been combined, then the provisions of Density District 1 shall prevail
for dwelling units, hotels and motels. (See Section 516 (Density Districts), most common ones shown
in attached chart.)
A.

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.

Requirements for Use Permits/Administrative Reviews (except for lots contiguous to


Residential Districts).

2.

Area limitations for uses and buildings.

3.

Limitations on hours of operation.

B.

Sales (retail and wholesale) and rentals.

C.

Commercial parking facilities.

D.

Bars, tap rooms and nightclubs.

E.

Theaters, auditoriums, banquet and dance halls.

F.

Dancing, art, music, business and trade schools (including permission for public recitals,
concerts and dances).

G.

Commercial bath and massage.

H.

Frozen food lockers.

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.

Bowling alleys and poolrooms.

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.

Vending for on or off-site consumption of foods, confections, non-intoxicating drinks (and


other refreshments) through openings in buildings (no such vending allowed within three
hundred feet (300) of a public or parochial grade or high school).

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

No on-site incineration shall be permitted.

R.

Signs: See Section 601 (Sign Code).

S.

Self-Service Storage Facilities: See Section 573 (Self-Service Storage Facilities).

Yard Requirements: Same as for C1 District.


Building Heights: In accordance with Section 516 (Density Districts).
Building Density: In accordance with Section 516 (Density Districts).
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

Min Yard Setbacks


Min Building Spacing is 10 Feet all classes
Front

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 422 C3 DISTRICT


C3 DISTRICT (Commercial and Minor Industrial) Permitted Uses:
The front fifty feet (50) depth of a lot shall not be used for open-land storage of material or
equipment, work yard or display (except display for sale or rental as may be granted under a Use
Permit); such open-land storage or work areas on any other portion of the lot shall be secured by a
solid wall, fence or hedge so as not to be visible from any higher ranking Zoning District (nor shall any
materials or equipment extend higher than such screening).
Where no Density District has been combined, then the provisions of Density District 1 shall prevail
for hotels and motels. (See Section 516 (Density Districts), most common ones shown in attached
chart.)
A.

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.

Requirements for Use Permits/Administrative Reviews (except for lots contiguous to


Residential Districts).

2.

Area limitations for uses and buildings.

3.

Limitations on hours of operation.

4.

Confining of uses to closed or partially closed buildings.

B.

Sales facilities, retail and wholesale.

C.

Lumber yards (prohibiting milling and planing operations).

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.

Pet shops within closed buildings.

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.

Frame work, body and fender shops within closed buildings.

Page 49

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

L.

Commercial ballrooms, arenas, gymnasiums, rinks, pools and indoor shooting galleries.

M.

Public auction within closed buildings, livestock sales prohibited.

N.

Bottling plants confined to closed buildings, limited to fifteen thousand (15,000) square feet of
floor area.

O.

Custom tire recapping.

P.

Signs: See Section 601 (Sign Code).

Yards Required: Same as for C1 and C2 Districts.


Building Heights: In accordance with Section 516 (Density Districts).
Building Density: No requirements.
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

Min Yard Setbacks


Min Building Spacing is 10 Feet all classes
Front

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 430 PM DISTRICT


PM DISTRICT (Performance Industrial) Permitted Uses:
Intended to promote the development and operation of certain uses, such as, but not limited to,
laboratories, light manufacturing and assembly, in such a restricted and limited manner that, because of
the limitations on type of structures and uses, control on height and density, prohibitions against open
land facilities, prohibitions against emission of such nuisances as fumes, odors, noise, glare and
vibration, prohibition of general retail sales and service or other uses that cater to the general public,
and the landscaping requirements, so as to protect and foster residential desirability adjacent to such
industries. The prohibition of residential uses is intended to preserve the PM zoned land for the
industrial development.
Residential uses prohibited (including dwelling units, manufactured home courts, motels, hotels and
similar). General retail sales and service or other uses that cater to the public are prohibited. All uses
as allowed confined to closed buildings (except parking, loading and unloading). Space for parking
shall always be kept available to provide no less than two (2) square feet of land area for each square
foot of building area. All development must progress in accordance with a general layout,
architectural and landscape plans to assure a development compatible with the intent of the Zoning
District. Such layout shall provide a landscaped area fifty feet (50) in depth adjacent to any street and
may not contain any other uses or structures except for walks, drives, signs and lighting.
A.

All principal and accessory uses permitted in any more restrictive District, except those
prohibited under these District Stipulations.

B.

Manufacturing, machining, tooling, assembly, fabrication, processing, compounding,


packaging, mixing, molding; equipping and decorating, glazing, repairing, servicing, cleaning,
winding, printing and publishing, binding, weaving, knitting, sewing, baking, cooking,
roasting, pickling, brewing, distilling, plating, polishing.

C.

Warehouses.

D.

Motion picture productions, radio and television studios.

E.

In-plant restaurants as an appurtenant use, and including roof or landscaped patio dining
facilities.

F.

Signs: same as C1 District.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 431 M1 DISTRICT


M1 DISTRICT (Industrial; General Limited) Permitted Uses:
Intended to provide the type of industrial facilities, which while not necessarily attractive in
operational appearances, are installed and operated in a manner so as not to cause inconvenience to
other uses in the Zoning District (or to adjacent Zoning Districts).
Where uncertainty exists as to compliance with the intent of this District, in differentiating between the
light and heavy character of the proposed use, the Adjustment Board shall determine.
A.

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.

Area limitations for uses and buildings.

3.

Limitations on hours of operations.

4.

Confining uses to closed (or partially closed) buildings.

5.

Prohibitions against livestock and other animals.

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.

Manufacturing, machining, tooling, assembly, fabrication, welding, milling, molding,


equipping, decorating, glazing, repairing, servicing, cleaning, winding, printing, publishing,
pickling, brewing, distilling, salvage (but not wrecking), equipment, material and dead storage
yards, plating and polishing, meat packing (no slaughtering except rabbits and poultry), animal
treating, boarding, breeding and sales, warehousing (including elevators), freight yards,
circuses and carnivals, race tracks, and stadiums.

D.

Signs: See Section 601 (Sign Code).

Yards Required: Same as for Commercial Districts.


Building Heights: Use Permit required to exceed thirty feet (30) or two (2) stories.
Building Density: No requirements.

Page 52

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 432 M2 DISTRICT


M2 DISTRICT (Industrial; Heavy) Permitted Uses:
Intended for all types of industrial uses except hazards to health and property; with controls of air and
stream pollution, radiation, fire and explosion dangers.
The Land Use Specialist must deny any proposed use or structure where uncertainty exists as to
compliance with intent of the District; or where he finds such use will exhaust or emit air or stream
pollutants, and may accept an application for a Use Permit to operate in some modified manner.
A.

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.

Area limitations for uses and buildings.

3.

Limitations on hours of operation.

4.

Confining of uses to closed or partially closed buildings.

5.

Prohibitions against livestock and other animals.

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.

Power Generating Utilities (for generating power electrical or otherwise)

Yards Required: Same as for Commercial and M1 Districts


Building Heights: No requirements.
Building Density: No requirements.

Page 53

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 440 PAD DISTRICT


PLANNED AREA DEVELOPMENTS
A.

Purpose: A Planned Area Development (PAD) is intended:


1.

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.

To establish planning and development control parameters while allowing sufficient


flexibility to permit final detailed planning at the time of actual development, and to
permit flexibility in design, placement of buildings, use of open spaces, etc.

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.

To accomplish the purpose of zoning and other regulations to an equivalent or higher


degree than where such regulations are designed to control development on individual
lots.

5.

To promote economical and efficient land use, an improved level of amenities,


appropriate and harmonious variety, creative design, and a better environment.

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.

The development of a PAD may proceed by increments to be called "development


units".

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

C.

D.

Planned Area Development Defined: For the purpose of this Ordinance, a PAD shall:
1.

Be a single development operation or a definitely programmed series of development


operations which can be one type of land use or a mixture of land uses.

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.

Single-family dwellings, two-family, multi-family; detached, semi-detached, and


attached and accessory uses.

2.

Community facilities, such as schools, parks, and playgrounds.

3.

Clubs not operated primarily for commercial purposes.

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.

Home occupations when indicated as part of the development plan or when in


accordance with the provisions of Section 543.

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.

Public utility installations.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Whether private or dedicated to the 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 compulsory assessment provisions and
any other specifications deemed necessary by the Planning and Zoning
Commission and Board of Supervisors.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

G.

1.

Declaration of public use space for parks, schools, recreation areas, etc.

2.

Coordination of street layout with existing or planned streets.

3.

Preservation of natural features, such as trees, hilltops, watercourses, and archeological


sites.

4.

Architectural plans of building design in addition to a comprehensive plan for the


development.

5.

Proof of adequate sanitary sewage and water systems.

6.

Adequate fire protection.

7.

Schedule of plan implementation.

8.

Additional issues of public interest.

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)

An increase in the approved totals of dwelling units or gross leasable


area for the PAD District.

(2)

A significant change in zoning boundaries as determined by the


Development Services Director from those approved for the PAD
District.

(3)

Any change which could have significant impact on areas adjoining the
PAD as determined by the Development Services Director.

(4)

Any change which could have a significant traffic impact on roadways


adjacent or external to the PAD as determined by the Development
Services Director.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

d.
3.

H.

If the requested change is approved, a letter of approval will be mailed to the


applicant with a copy filed for public record.

Interpretations: In the event that it becomes necessary to interpret stipulations within


the PAD District, the Planning and Zoning Commission and Board of Supervisors shall
hold a hearing and make such interpretations.

Application Submittal Requirements:


Every PAD district approved under the provisions of this Section shall follow the procedure for
a Zoning Map Change as set out in the County Planning and Zoning Ordinance and shall
comply with the requirements of this Section.
1.

2.

3.

I.

Application: An application to establish a PAD project shall be filed by:


a.

The owner or owners having title to all of the property in the area proposed for
the PAD, or

b.

The Yavapai County Planning and Zoning Commission or Board of


Supervisors. Every application shall be accompanied by a fee as required.

c.

The agent for the owner having appropriate authorization.

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.

If a PAD is to be developed in phases or development units, separate hearings for


the platting process shall be held to review each phase according to the standards
set out for plats in the County Subdivision Regulations.

b.

Each phase/plat must be in substantial conformance to the approved master plan


and Sketch Plan/Zoning Map Change.

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.

Application Submittal Requirements for a Minor Amendment to a PAD:


a.

A site plan depicting the existing conditions of the PAD and proposed
amendment.

b.

A letter of intent, explaining the proposed amendment, along with justification as


to why the request is reasonable and meets the intent of the Ordinance.

c.

Written support from the Home Owners Association, Property Owners


Association, Architectural Review Committee and affected property owners for
the proposed amendment.

d.

Submittal of a filing fee.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

2.

a.

It is the responsibility of the owner to notify all prospective purchasers of all or


part of the property within the District of the existence of the PAD District
amendment and the PAD Program contained therein.

b.

Conformance with the PAD shall be enforced by recordation of the appropriate


deed restrictions for each parcel of property within the District, prior to the
issuance of building permits, for each development unit.

c.

Notification and recordation as provided above shall be required in order to


retain the unitary aspect of the District.

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.

The Board of Supervisors may determine good cause for such


deficiency/extension of time and may, in conjunction therewith, entertain an
application to amend the development-phasing schedule.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 441 OPEN SPACE AND SUSTAINABLE DEVELOPMENT OPTION


OPEN SPACE AND SUSTAINABLE DEVELOPMENT OPTION
A.

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.

Encourage a flexible and creative variety of planning designs through process


efficiencies.

2.

Encourage efficient infrastructure systems and environmentally responsible delivery of


essential services.

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.

Minimize the overall development footprint and preserve environmentally beneficial


areas of the development site through the allowance of smaller lot sizes and cluster
oriented design.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

For any portion of land containing a floodway established by the Yavapai


County Drainage Criteria Method, the maximum density is determined as .50 of
the density determined by dividing the gross area of the tract of land within the
floodway by the minimum lot size specified in the underlying zoning district(s).

f.

The maximum density established by subsections a. through e. above may be


increased as provided in Section 441.D. through the inclusion of conservation
features or design elements identified in Section 441.D.

g.

Slope Category Determination shall conform with the methodology of Section


560.B. and C. of the Yavapai County Subdivision Regulations.

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.

Development Standards: The minimum building setbacks and maximum percentage of


lot coverage established by the underlying zoning district(s) shall not be applicable. All
buildings shall not exceed the maximum building height established by the underlying
zoning district. The minimum building setbacks and maximum percentage of lot
coverage shall be submitted and approved by the County as part of the Open Space and
Sustainable Development Option review process.

6.

Natural Watercourses and Cultural Resources:

7.

a.

Construction within floodplains shall meet County subdivision requirements and


be minimized to the greatest extent. To incentivize the protection of natural
watercourses, density transferred outside the floodplain area shall be allowed at
a value equal to 1.25 times the underlying density of the area maintained in
natural state.

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.

Limitations on Cuts and Fills


a.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Land Development Items


a.

Shared wells, unless different method of water delivery is required or allowed


by applicable County or State law.

b.

Community sewage treatment facility unless a different method of wastewater


disposal is required by applicable County or State law.

c.

Use of only drought tolerant (Xeriscape) landscaping and prohibition of turf or


grass in all common area landscaping.

d.

Street designs and traffic calming measures throughout the entire development
which promote pedestrian safety.

e.

Enhanced design standards for streetscape throughout the entire development


including but not limited to separated sidewalks, separated trails and
landscaping.

f.

Multimodal trails and paths throughout the entire development connecting to


adjacent development.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

i.

Other innovative sustainable development practice within the intent and purpose
of this Section, as determined by the Development Services Director.

Individual Lot Items

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.

Use of gray water systems in all single-family residences according to ADEQ


Type 1 Reclaimed Water General Permit (AAC R18-9-711) 13 Best
Management Practices.

l.

Employment of measures to ensure hydrologic protection including but not


limited to sedimentation basins and pervious driveway surfaces for all homes.

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.

Centralized Water System.

b.

Sewer Treatment Plant.

c.

Provision of a minimum of ten percent (10%) additional open space.

d.

Use of pervious concrete on a majority of paved surfaces with the development,


excluding roadway surfaces.

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.

Irrigation of common area landscaping primarily with reclaimed water.

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.

Native plant re-vegetation utilizing displaced native plants or approved plants


native to the area.

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.

Individual Lot Items:


l.
4.

Solar energy facilities serving each residential unit.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

2.

H.

Buffers:
a.

Perimeter buffers shall be provided to protect existing neighborhoods by


mitigating the adverse impacts of smaller lot sizes (e.g. sound, visibility and
traffic).

b.

Buffers may include landscaping, walls, fences, pathways, drainage ways,


natural features, existing vegetation and natural open space.

c.

Perimeter buffer shall be equal in depth to a minimum of fifty feet (50).

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.

Six (6) or more parcels: Subdivision as regulated by the County Subdivision


Regulations except that the below requirements of Section 441.H.3 through Section
441.H.12 shall govern the submittal, review, notice and hearing requirements for the
subdivision.

3.

Application: In addition to the submittal requirements for a Minor Land Division or


Subdivision Plat as applicable, the application shall contain studies, plans and such
other additional information required by the Development Services Department to
ensure conformance with these regulations. Such submittal requirements shall be
promulgated by the Department Director and may be administratively amended from
time to time.

4.

Notice of Application: The Development Services Department shall mail a Notice of


Application within three (3) working days of the submittal date of the Open Space and
Sustainable Development Option application to each owner of property, as last
disclosed by County real estate tax records, situated wholly or partially within one
thousand feet (1000) of the subject property.

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.

Open space intended for recreation or common use is easily accessible to


pedestrians.
Page 66

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Individual buildings have been designed to complement the natural features of


the site.

g.

Conservation and sustainable design elements required by Section 441.D. 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.

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.

Notice of Decision: The Development Services Department shall mail a Notice of


Decision within ten (10) working days of the decision date to each owner of property, as
last disclosed by County real estate tax records, situated wholly or partially within one
thousand feet (1,000) of the subject property.

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.

When an Open Space and Sustainable Development Option application proposes


to deviate from the requirements in Section 441 of this Ordinance, the applicant
Page 67

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

As part of the administrative process, County staff shall approve, approve in


modified form, or deny the request for waiver.

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)

That the strict application of these regulations would preclude reasonable


subdivision development of the subject property; and

(2)

That there are special circumstances applicable to the property related to


its topography, shape, and/or location that dictate the need for this
waiver to ensure good design and development; and

(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.

The applicant or twenty percent (20%) by number of notified property owners


pursuant to Section 441.H.9 may appeal approval or denial of a waiver. In order
to constitute a formal appeal and have the case heard by the Planning and
Zoning Commission and Board of Supervisors, the appeal must be filed within
thirty (30) calendar days of the Notice of Decision. Such appeal shall be subject
to the provisions of Section 441.H.10 and Section 441.H.11 above.

Page 68

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 442 CLUSTER AND OPEN SPACE OPTION


CLUSTER AND OPEN SPACE OPTION
A.

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.

Encourage a flexible and creative variety of planning designs through process


efficiencies.

2.

Encourage efficient infrastructure systems and environmentally responsible delivery of


essential services.

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.

Minimize the overall development footprint and preserve environmentally beneficial


areas of the development site through the allowance of smaller lot sizes and cluster
oriented design.

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.

Development Standards: The minimum building setbacks and maximum percentage of


lot coverage established by the underlying zoning district(s) shall not be applicable. All
buildings shall not exceed the maximum building height established by the underlying
zoning district(s). The minimum building setbacks and maximum percentage of lot
coverage shall be submitted and approved by the County as part of the Cluster and
Open Space Option review process.

Page 69

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Minimum lot areas shall comply with State law.

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.

Perimeter buffers shall be provided to protect existing neighborhoods by


mitigating the adverse impacts of smaller lot sizes (e.g. sound, visibility and
traffic).

b.

Buffers may include landscaping, walls, fences, pathways, drainage ways,


natural features, existing vegetation and natural open space.

c.

Perimeter buffer shall be equal in depth to a minimum of fifty feet (50).

Page 70

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Six (6) or more parcels: Subdivision as regulated by the County Subdivision


Regulations 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
subdivision.

3.

Application: In addition to the submittal requirements for a Minor Land Division or


Subdivision Plat as applicable, the application shall contain studies, plans and such
other additional information required by the Development Services Department to
ensure conformance with these regulations. Such submittal requirements shall be
promulgated by the Department Director and may be administratively amended from
time to time.

4.

Notice of Application: The Development Services Department shall mail a Notice of


Application within three (3) working days of the submittal date of the Cluster and Open
Space Option application to each owner of property, as last disclosed by County real
estate tax records, situated wholly or partially within one thousand feet (1,000) of the
subject property.

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.

Open space intended for recreation or common use is easily accessible to


pedestrians.

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.

Individual buildings have been designed to complement the natural features of


the site.

g.

The Cluster and Open Space Option advances the purpose of this Ordinance as
stated in Section 442.A. above.
Page 71

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Notice of Decision: The Development Services Department shall mail a Notice of


Decision within ten (10) working days of the decision date to each owner of property, as
last disclosed by County real estate tax records, situated wholly or partially within one
thousand feet (1000) of the subject property.

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.

As part of the administrative process, County staff shall approve, approve in


modified form, or deny the request for waiver.

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)

That the strict application of these regulations would preclude reasonable


subdivision development of the subject property; and

Page 72

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

f.

(2)

That there are special circumstances applicable to the property related to


its topography, shape, and/or location that dictate the need for this
waiver to ensure good design and development; and

(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.

The applicant or twenty percent (20%) by number of notified property owners


pursuant to Section 442.G.9 may appeal approval or denial of a waiver. In order
to constitute a formal appeal and have the case heard by the Planning and
Zoning Commission and the Board of Supervisors, the appeal must be filed
within thirty (30) calendar days of the Notice of Decision. Such appeal shall be
subject to the provisions of Section 442.G.10 and Section 442.G.11 above.

Page 73

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 450 RCD DISTRICT


RCD DISTRICT (Residential Camping District) Permitted Uses:
This District is intended to cover the operation of resident camps that are either private, public,
religious, organizational or agency camps. Resident camps are not restricted from operating trip
camps, schools, travel, outpost, over-night or day camping programs.
DEFINITIONS: Resident Camping: a sustained experience which provides a creative, recreational,
educational or religious opportunity in group living in the out-of-doors in which campers live at a site
for one (1) or more consecutive nights, not to exceed ninety (90) days; Resident Camp Sleeping
Units: a building or group of buildings containing guestrooms or dwelling units. For Density Formula
purposes, two (2) such guestrooms, RV's or tents may be counted as one (1) dwelling unit. Each four
(4) beds shall be counted as one (1) guestroom.
A.

All principal and accessory uses and structures permitted in R1L.

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.

Resident camp sleeping or dorm facilities.

Land coverage shall not exceed twenty percent (20%).


All provisions of Density District 25 shall prevail. (See Section 516)
Space between buildings shall not be less than twenty feet (20).
Peripheral setback requirements shall be sixty feet (60) of maintained open space, not to allow
parking and storage.
Building Heights: A maximum of thirty feet (30).
Non-conforming Uses:
(1)

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 460 OS DISTRICT


OS DISTRICT (Open Space Resource Conservation Zone) Permitted Uses:
This District is intended to preserve scenic and recreational areas for public and/or private use.
A.

Agriculture and cultivation.

B.

Flood control facilities.

C.

Historical landmarks.

D.

Public or private parks, and golf driving ranges.

E.

Other outdoor recreational facilities.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 470 OVERLAY ZONES


A.

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.

DESIGN REVIEW OVERLAY ("DRO") ZONES:


1.

2.

Purpose: A Design Review Overlay (DRO) Zone enables the establishment of


additional design and development-related requirements or guidelines which would
"overlay" or be superimposed upon the regulations for the existing zoning districts and
General Provisions applicable to a specific geographic area. The creation and
administration of a specific geographic area DRO zone is authorized for the purpose of
enriching the lives of the population residing, working, and visiting in the area by
promoting harmonious, safe, attractive, desirable, and compatible growth and
development of the area. Each DRO zone is thus intended to improve the public health,
safety, and welfare by pursuing objectives including but not limited to the following:
a.

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.

To ensure the protection and enhancement of economic values, natural


attractiveness, personal health and safety, and desirable relationships with the
surrounding community.

f.

To ensure compliance with other requirements of this Ordinance, the County


General Plan and any specific area plans relating to the DRO zone.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

A DRO zone may establish guidelines or requirements in addition to the general


provisions and Use Districts on which it is overlaid. Design guidelines or
requirements for a DRO zone may include, but are not limited to architectural
style, landscaping, facades and theme treatments, historic preservation
considerations; building colors and materials, scenic areas, public facilities, and
utilities.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

4.

b.

Staff Consultation: Upon receipt of the nomination letter, the Development


Services Department shall arrange and hold a consultation with one (1) or more
representatives of the nominating group to discuss the procedure, regulations,
plans, fees and other matters relating to the creation and administration of a
DRO zone. When the Development Services Department is satisfied as to the
state of preparation of the nominating group, the Department shall recommend
to the Planning and Zoning Commission that the nomination for a DRO zone be
discussed in a public hearing.

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.

Invitation to Apply: After discussion, the Planning and Zoning Commission


may invite the nominating group to develop and submit a formal DRO zone
application. No more than one (1) DRO nomination will be accepted for formal
application for any one (1) area (i.e.: no duplication or overlaps) at any one (1)
time. If several DRO zone applications are known to be in preparation for the
same or adjacent general areas, the Planning and Zoning Commission may
delay one (1) or more applications to foster integration, consistency,
compatibility, or feasibility for the welfare of the larger community.

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.

Filing: When advised of the completeness of the application, the nominating


group shall file the application, along with an application fee, with the
Development Services Department. A legible copy of the filed application,
certified by the Development Services Department, shall be recorded with
Yavapai County Recorders Office (with recording fees to be paid by the
nominating group). The filing of a draft DRO zone application with the
Recorders Office shall be a master form as provided in A.R.S. 11-464, for
public information only. Such recording of the draft application shall not be
binding on properties within the proposed DRO zone unless formally adopted.
Each recording shall specify its expiration date to be eighteen (18) months after
recording or upon adoption, whichever is sooner. (Adopted DRO zones shall be
recorded as adopted making specific reference to the recording data of the
master form.) Additional copies of the application shall be placed at points of
local availability for review by local property owners in such locations as may
be approved by the Development Services Department. Any change in the
geographic area, content, or other material change in the proposed DRO zone
shall constitute a new application and shall require a complete new recording or
an amendment to the original master form stating the specific portion or
portions to be changed or deleted by reference to page and paragraph.
Page 78

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

A proposed name for the DRO zone.

b.

A reproducible map showing the proposed geographic coverage of the DRO


zone.

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.

A list of the names and addresses of the nominating group.

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.

A legal description specifying the outer boundaries of the proposed geographic


area of the DRO zone.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

A proposed list of nominees of persons proposed and willing to serve as


appointees to the initial DRO Commission, together with a short description of
their respective education, expertise and other qualifications relating to the
purpose and eligibility criteria of the DRO zone.

m.

The proposed development scope or content proposed to be regulated by


guidelines or requirements within the DRO zone.

n.

A detailed sample of the proposed criteria list, charts, guidelines or other


specifications to be provided to each applicant requesting review and the
standards against which each application will be reviewed.

o.

A schedule of proposed application review fees to be charged for local design


review overlay applicants, if any.

p.

All other information which the Planning and Zoning Commission,


Development Services Department, or Board of Supervisors may deem
necessary.

DRO Zone Adoption Process:


a.

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.

Planning and Zoning Commission Hearings:


(1)

All hearings by the Planning and Zoning Commission and Board of


Supervisors shall follow procedural requirements of the A.R.S. and the
Planning and Zoning Ordinance of Yavapai County. After the area
public hearings, the Planning and Zoning Commission shall then
advertise and hold a public hearing in a regular Planning and Zoning
Commission meeting and formulate a recommendation to the Board of
Page 80

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Supervisors as to the general advisability and particulars of the proposed


DRO zone.
(2)

d.

7.

Board of Supervisors Hearings: Subsequently, the Board of Supervisors


shall hold a public hearing to consider the adoption of the DRO zone as
proposed and/or amended. The Board of Supervisors shall hear the
DRO application as recorded together with the Planning and Zoning
Commission's recommendations and public input. At the first Board of
Supervisors hearing, the Board may only approve or deny the DRO
application as recorded or move to hold in abeyance or move to amend
and re-hear (with re-advertisement calling attention to the content of the
proposed amendment(s)). At the second and subsequent Board of
Supervisors' public hearings, the Board may approve duly advertised
amendments.

Recording of Adoption: Upon adoption, the adopted DRO zone shall be


permanently recorded by a certificate of adoption making specific reference to
the master form recording data, and including any revisions from the originally
recorded application.

Amendments to the DRO Zone:


a.

Amendment: After adoption, any amendment to a DRO Zone which in the


determination of the Development Services Department materially alters the
area coverage and/or the content of the design guidelines or requirements or
their applicability shall follow the same procedural and content requirements
specified for the original nomination, application, and adoption of a DRO zone.

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.

Abandonment: A DRO zone may be abandoned upon the initiation of the


Planning and Zoning Commission according to the following procedures:
(1)

The Planning and Zoning Commission in discussion moves to initiate a


public hearing to consider a finding of fact.

(2)

The Planning and Zoning Commission, in public hearing, adopts a


finding of fact of extraordinary circumstances (including but not limited
to substantial unworkability of the DRO zone; de-facto abandonment of
the DRO zone by the property owners; nonfeasance, misfeasance, and/or
malfeasance by the DRO Commission; impending public turmoil or
other threat to the public welfare) and upon the basis of such finding
initiate a second public hearing to consider the abandonment of the DRO
zone.

(3)

The Planning and Zoning Commission, in public hearing, adopts a


recommendation to the Board of Supervisors to abandon the DRO zone.

(4)

The Board of Supervisors, in public hearing:


(a)

Concurs in the finding of fact of extraordinary circumstances.

(b)

Adopts the Planning and Zoning Commission recommendation


to abandon the DRO zone.
Page 81

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Appointment of Members: From the slate of nominated DRO Commission


candidates who meet the eligibility criteria specified in the adopted DRO zone,
the Board of Supervisors shall appoint a number (between three (3) and eleven
(11) as specified by the adopted DRO zone) to serve together as the local DRO
Commission.

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.

Removal: Members of the DRO Commission may be removed by the Board of


Supervisors for cause, including non-attendance.

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.

Reviews and Recommendations:

g.

(1)

Approval: Approval of a review application shall be signified by means


of a dated stamp on the plans reviewed.

(2)

Disapproval: Disapproval recommendations shall be documented by


means of a letter to the Development Services Department and the
applicant recommending disapproval and listing the particulars, findings,
and bases therefore.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Development Services Department to be the equivalent of a recommendation


for approval.
h.

i.

j.

9.

Fiscal Powers:
(1)

The DRO Commission shall have no independent fiscal powers, but


shall operate through Yavapai County with financial and logistic support
from the Development Services Department.

(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)

The DRO Commission may prepare and submit to the Development


Services Department a monthly requisition for supplies, postage,
copying, minor equipment, petty cash, a reimbursement for its members'
mileage, contractual payments for approved secretarial, bookkeeping,
auditing, and inspection services, and for other reasonable expenses as
may be necessary and approved. Deposits of receipts shall be made at
least monthly in a bank account of the Development Services
Department set up for the DRO zone.

Accounting and Records:


(1)

The DRO Commission shall submit unaudited monthly reports on all


financial transactions to the Yavapai County Development Services and
Finance Departments in accordance with instructions and charts of
accounts provided by the Finance Department. In addition, an audited
report will be submitted annually to both Development Services and
Finance Departments.

(2)

The DRO Commission shall keep records of its transactions, minutes,


correspondence, and other documentation in public record at two (2)
locations: the originals at a secure location within the DRO zone; and a
copy in the Development Services Department.

Reversion: If a DRO zone is abandoned, rescinded, incorporated, or annexed by


a municipality, any revenues remaining in the DRO zone shall revert to the
General Fund of the County.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

The Development Services Department shall withhold the issuance of the


building permit in a DRO zone for a period sufficient to permit adequate public
notice, the holding of hearing by the DRO Commission and a ten (10) working
day response period following the decision of the DRO Commission.

d.

The DRO Commission shall forward its recommendation to the Development


Services Department Land Use Specialist. Giving due consideration to the
recommendation of the DRO Commission, the Land Use Specialist shall issue
or withhold the requested building permit, notifying both the applicant and the
DRO Commission. The withholding of a building permit on grounds relating to
the recommendation of the DRO Review Commission shall be in the form of a
letter to the applicant and to the DRO Commission citing the reasons for the
refusal.

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.

{RESERVED FOR ADDITIONAL TYPES OF OVERLAY ZONES ENABLING SECTIONS


TO BE ADOPTED IN THE FUTURE TO ADDRESS, FOR EXAMPLE, FLOOD ZONES,
HILLSIDE PRESERVATION, CRITICAL SOILS AND WATERS, ETC.}

Page 84

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

CHAPTER 5 GENERAL PROVISIONS


SECTION 500 GENERAL PROVISIONS
The following provisions shall apply to all Districts, except as may be modified, supplemented or
supplanted under the provisions of any particular District.
SECTION 501 ACCESSORY USES AND STRUCTURES
A.

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.

ACCESSORY USES OR STRUCTURES are allowed prior to installation of the principal


structure only when a construction permit is issued for the principal structure and construction
of same is commenced within six (6) months.

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.

ALLOWED ANIMAL CHART


Allowed Animal Chart

Animal Type

Animals ALLOWED

CATEGORY A Swine*, Dairy Cow, Bison, Steer/Heifer, Horse or other of similar


size/weight

2 PER ACRE or fraction thereof

CATEGORY B - Ostrich, Miniature Horse, Llama, Sheep, Goat, Emu or other of similar
size/weight

5 PER ACRE or fraction thereof

CATEGORY C - Turkeys, Peacocks, Geese, Pheasants, Ducks, Pigeons, Chinchillas, Rabbits,


Chickens or other of similar size/weight

8 PER ACRE or fraction thereof

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.

SECTION 502 ACCESS REQUIREMENTS FOR NON-RESIDENTIAL USES


An access plan is required for all non-residential uses unless waived by the Public Works Department
on the basis that it is not warranted. The access plan shall demonstrate and certify legal and safe
ingress/egress from the site to the public roadway system. The plan must be prepared by a civil
Page 85

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

The primary function of the property is to produce an agricultural crop or commodity


and is found by the County Assessor to be a qualifying agricultural property in
accordance with the Arizona Department of Revenue Agricultural Manual.

B.

Property used primarily for residential, commercial or recreational purposes, on which


livestock or agricultural production is incidental, including hobby farms or ranches, horse
acres, cabin sites or forestry tracts does not qualify for exemption. Property cultivated on a
supplement or part-time basis, such as mini-farms or gardens not capable of economic selfsufficiency on the basis of agricultural use, generally do not qualify for an exemption.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

SECTION 507 BED & BREAKFASTS


A.

B.

Bed & Breakfast Homestays as defined under Section 301 (Definitions) subject to the
following regulations and performance standards:
1.

Homestays shall only be permitted on parcels exceeding thirty-five thousand (35,000)


square feet in size.

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.

Change of Use or Occupancy and Zoning and Building Safety Clearance/Permit


required prior to commencement of the use.

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.

Change of Use or Occupancy and Zoning and Building Safety Clearance/Permit


required prior to commencement of the use.
Page 87

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

SECTION 512 COMMUNITY GARDEN


COMMUNITY GARDEN as defined under Section 301 (Definitions), subject to the following
performance criteria:
A.

On-site sale of produce not permitted. Produce may be transported and sold off-site.

B.

No farm animals

C.

Dust control must be maintained.

D.

Electrical for well water is allowed.

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.

Fertilizer, soil amendments and runoff of irrigation must be retained on-site.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

B.

Requirements of the Density Regulations.

Density Regulations:
A=Acres
Dist.

Min Lot Min Area


per
Size in
Sq. Ft. dwelling

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.

SECTION 519 DENSITY FORMULAS


DENSITY FORMULAS are hereby established for each Density District for the purpose of
determining (where applicable) the amount of lot area required for each dwelling unit, hotel or motel
unit, or mobile home court space.
A.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 522 DRAINAGE CRITERIA MANUAL


In all instances with the exception of single-family residential and accessory uses, a drainage report for
storm water planning, analysis and design and construction in accordance with the Yavapai County
Drainage Criteria Manual (Resolution #1151) shall be submitted. The Flood Control District Director
may grant a waiver from the need to comply with certain sections of the Drainage Criteria Manual
requirements in instances where it is determined that there are limited impacts from surface drainage
and a detailed drainage report is not needed to achieve the objectives of the Drainage Criteria Manual
or to protect property, or the health, safety and welfare of the citizens of the community with regard to
flooding and drainage issues. All permitted uses shall be constructed in accordance with the
construction requirements in the approved drainage plan.
SECTION 525 DWELLING SECONDARY MEDICAL
SECONDARY MEDICAL DWELLING VARIANCE for Medical Hardships as defined under Section
301 (Definitions) subject to the following performance criteria:
A.

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.

A letter of authorization if the property owner is represented by an agent.

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.

Any other information reasonably necessary to evaluate the application, which is


required by the Land Use Specialist.

7.

A processing fee shall be submitted in association with an Administrative Secondary


Medical Dwelling Variance Application. Upon receipt of an Appeal as set out under
Subsection D of this Section, 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 Administrative Medical Application shall be applicable to the
standard variance application.

A Secondary Medical Dwelling Variance shall be subject to the following standards:


1.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

The secondary medical dwelling is placed in order to meet separation requirements of


current applicable Building and Fire Codes.

8.

The secondary medical dwelling shall be serviced by an approved on-site wastewater


system or sewer system.

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.

Validity and extension of a Secondary Medical Dwelling Variance: A secondary medical


dwelling variance shall be valid for up to three (3) years and may be extended by the Land Use
Specialist. A property owner requesting extension of the variance shall submit to the Land Use
Specialist evidence that the Secondary Medical Dwelling Variance is still needed and that
conditions of the variance have been met. The Land Use Specialist may extend the Secondary
Medical Dwelling Variance for a period of three (3) years, and shall be demonstrated annually
by the property owner that the justification for which the Land Use Specialist authorized
occupancy of the secondary medical dwelling pursuant to performance criteria under Section
525 B.1 through B.8 remains necessary and is as represented to obtain the original variance.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 528 DWELLING PROHIBITION


DWELLING PROHIBITION in any District shall not be construed to prohibit from any lot the
residential facilities to accommodate one (1) individual (and his family) acting in the capacity of
manager, caretaker or watchman.
SECTION 529 FLOODPLAIN MANAGEMENT REGULATIONS
All uses shall be in compliance with all Yavapai County Floodplain requirements and regulations,
including any floodplain regulations duly adopted by the Board of Directors of the Yavapai County
Flood Control District and administered by the District.
SECTION 531 FUEL STORAGE TANKS AUTO SERVICE
FUEL STORAGE TANKS IN CONJUNCTION WITH AUTOMOTIVE SERVICE FACILITY
A.

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.

SECTION 534 GOLF COURSE DEVELOPMENT STANDARDS


A.

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.

GENERAL REQUIREMENTS: The following requirements shall apply to the development


and processing of golf courses in conjunction with a PAD proposal or any other golf course
development:

Page 92

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Applicant to obtain a report of physical availability of water from ADWR


demonstrating an adequate water supply for the entire development including the golf
course prior to recording the Final Plat/Final Site Plan and prior to construction of the
golf course.

3.

Applicant to demonstrate that the proposed development will be of an appropriate size


and scale to generate sufficient effluent or re-use water to meet the entire irrigation
needs of the golf course or demonstrate that an alternative supply of effluent will be
available.

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.

Applicant will be required to conduct a monitoring program as it pertains to surface


water and groundwater quality and quantity. The monitoring program will be
developed in concert with the appropriate approval authorities.

6.

Applicant will be required to conduct monitoring program as it pertains to the


performance of the wastewater treatment plant including effluent discharge quality and
quantity for review and approval by the Development Services staff or other
appropriate agencies.

DESIGN AND CONSTRUCTION STANDARDS:


Applicant will be required to submit plans demonstrating that the golf course is designed,
constructed and maintained in accordance with environmental practices as set out in
Environmental Principles for Golf Courses in the United States or United States Golf Course
Association Guidelines or similar or better recognized national standards and which meet the
following conditions:

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 537 GUEST HOMES - DETACHED


DETACHED GUEST HOMES as defined under Section 301 (Definitions), subject to the following
performance standards criteria: with a minimum parcel size of seventy thousand (70,000) square feet in
size in the R1L Zoning District and a minimum parcel size of thirty-five thousand (35,000) square feet
in the R1 Zoning District.
A.

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.

SECTION 540 HEIGHT LIMITS


When designated in both stories and feet shall not exceed the foot dimensions.
A.

TOWERS, POLES, TANKS, ETC.:


The District height limitations may be exceeded by five feet (5') for spires, cupolas, chimneys,
parapets, or similar structural additions integrated directly into the rooftop. The District height
limitations for buildings are not applicable for flues, vents, poles, beacons, towers, or other
similar non-habitable structure(s) extending above a room when same occupies no more than
twenty-five percent (25%) of such roof area. Unless shown by design (proof of collapse
safety), any such structure as enumerated above must be so located on a lot that its reclining
length, in case of collapse, would be contained within the bounds thereof.

B.

FENCES AND FREE STANDING WALLS:


1.

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)

Fence height calculation example


2.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

On Commercial and Industrial Zoned lots: eight feet (8).

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.

Where a fence or wall is required as a screening or other protection to


Residential Zoned lots, such shall comply to the height limits of such
Residential Zoned lot.

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.

INCIDENTAL: A home occupation shall be conducted in a primary dwelling or in an attached


or detached accessory structure and shall be clearly incidental to the use of the primary
structure as a dwelling or accessory structure as a garage, workshop, storage shed or barn.

B.

APPEARANCE: In no way shall the appearance of the structure or premises be so altered or


the conduct of the occupation within the structure be such that it can be recognized as serving a
non-residential use (either by color, materials, construction, lighting, signs, sounds or noises,
vibrations, display of equipment, etc.)
Page 95

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

STORAGE: No storage of materials and/or supplies, including vehicles or equipment used in


the occupation, indoors or outdoors, shall be permitted which will be hazardous to surrounding
neighbors or detrimental to the residential character of the neighborhood. Outside storage shall
be in keeping with outside storage requirements for a single-family residence per this
Ordinance.

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.

ENFORCEMENT: Home Occupations, where permitted, shall be subject to issuance of a


Home Occupation Permit and shall comply with the noted criteria. The Home Occupation
application shall be subject to review by the Development Services Director at any time.
Violation of any of the criteria for a home occupation as set out in this Ordinance shall be
grounds for cancellation of the Home Occupation Permit. The Development Services Director
shall have the authority to revoke the Home Occupation Permit if it has been demonstrated that
the terms and conditions of the Home Occupation Ordinance have been violated.

J.

APPEAL: A decision of the Development Services Director approving, disapproving or


imposing conditions, regarding the home occupation, may be appealed to the Board of
Supervisors. Appeal is subject to an application for appeal being on file in the Development
Services Department within thirty (30) days of notification of action taken on said home
occupation.
SECTION 546 LAND DIVISION

A.

LOT DIMENSIONS AND AREA:


No lot or parcel shall hereinafter be established so as to be smaller than the minimum
dimensions and area, nor larger than the maximum depth, except if it is determined that a
greater depth does not adversely effect projected street or alley alignments, provided under the
regulations for the District of jurisdiction. Where no density has been established, then the
regulations of the two (2) acre Density District (D2A District) shall control.
1.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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).

SUBDIVISION PLAT APPROVAL:


Lands or property divided or proposed to be divided for the purpose of sale or lease which
constitutes a subdivision as defined in the A.R.S. shall be contingent upon the recording of an
approved subdivision plat, the design and physical features of which shall conform to the
provisions of this Ordinance (except as may provide minor deviations not adverse to the intent
thereof) and be in conformance with the Yavapai County Subdivision Regulations.

C.

MINOR LAND DIVISION:


1.

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.

"Minimum applicable County zoning requirements" means the minimum


acreage and dimensions of the resulting lot, parcel or fractional interest as
required by the County's zoning ordinance.

c.

"Utility easement" means an easement of a minimum of eight (8) feet in width


dedicated to the general public to install, maintain and access sewer, electric, gas
and water utilities.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

b.

The applicant provides a standard preliminary title report or other acceptable


document that demonstrates proposed legal access prepared by a licensed
surveyor/engineer to the lots, parcels or fractional interests.

c.

The applicant provides a statement from a licensed surveyor, engineer or the


landowner or other evidence acceptable to the County, stating whether each lot,
parcel or fractional interest has physical access that is traversable by a twowheel drive passenger motor vehicle.

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.

Action of the Department


a.

Any approval of a land division under this Section may:


(1)

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)

Identify topographic, hydrologic or other site constraints, requirements


or limitations that must be addressed as conditions to the eventual
issuance of a building or Use Permit. These constraints, requirements or
limitations may be as noted by the applicant or through departmental
review, but there shall be no requirement for independent studies.

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.

It shall be unlawful for a person or group of persons acting in concert to attempt


Page 98

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Recordation of Land Division Permit


After approval of a Land Division Permit, the applicant or authorized agent shall record
the permit at the County Recorders Office along with any attached supplementary
information such as the survey and deeds conveying the property. Recordation must
occur within six (6) months of approval by the Department, or approval shall lapse and
become void. Digital submission of land division survey maps is allowed. To be
considered a Record of Survey, the survey must be recorded independent of the Land
Division Permit, not just as a supplement/attachment.

7.

Noticing of Access or Zoning Deficiencies


When there are legal access or minimum zoning requirement deficiencies, which must
be recorded as a Notice of Deficiency, said noticing shall consist of a detailed
description of the deficiency as set out in the staff review of the application. For zoning
deficiencies, the Zoning Ordinance Section(s) and the nature of the deficiencies shall be
included. The deficiency notice should include the concluding statement Until the
noted access and zoning deficiencies are removed by variance, Use Permit or Zoning
Map Change and legal access issues are addressed, no building permits will be issued
on this land division parcel. The following statement must be placed on the notice
(form provided by the Department) accompanied by notarized signatures of the
buyer/transferee of the land division following the listing of the deficiencies:
Undersigned buyer/transferee hereby certifies that he/she has read and understands the
above information and acknowledges receipt of any other relevant disclosures about the
property as prescribed by law. Buyer/transferee further states that any deficiencies
noted above have been investigated and buyer/transferee accepts same.
Yavapai County assumes no liability with the required noticing of deficiencies.

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.

SECTION 549 LIQUID PROPANE DISPENSING - RETAIL


A.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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).

SECTION 552 MANUFACTURED HOUSING/MULTI-SECTIONAL HOUSING


MANUFACTURED
STANDARDS
A.

HOUSING/MULTI-SECTIONAL

HOUSING

ZONING REQUIREMENTS:
Multi-Sectional Manufactured Homes/Manufactured
design/performance standards which follow.

B.

MANUFACTURED

Homes

are

subject

to

the

DESIGN/PERFORMANCE STANDARDS for Multi-Sectional Manufactured Homes/


Manufactured Homes:
1.

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.

All multi-sectional manufactured and manufactured homes located on a parcel of land


are to be serviced by an approved sewage disposal system prior to habitation.

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.

SECTION 555 MOBILE, MFG HOME & RV PARKS (TRAVEL TRAILER)


A.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

made by the Land Use Specialist and shall be contingent upon:


a.
Compliance with all health laws and regulations of the State of Arizona and the
County of Yavapai.
b.
2.

B.

Compliance with this local regulation.

Applications for Zoning Clearance and building permits to construct or enlarge


Manufactured Home Parks, RV Parks or Travel Trailer Camps shall be made in writing,
signed by the applicant who shall file with the application proof of ownership of the
premises or of a lease or written permission from the owner thereof together with a
complete set of plans drawn to scale, showing the location of the proposed
manufactured home park, RV park or trailer camp, and which shall include:
a.

The areas and dimensions of the tract of land.

b.

The maximum number, location and size of all RV, manufactured home or
trailer spaces.

c.

The location of any existing buildings and any proposed structures.

d.

The location and width of access driveways, roadways, parking areas,


walkways, and turn-arounds.

e.

The location of electrical, water, storm drainage, and sewer lines and the sewage
disposal systems.

f.

The location and elevation of all flood hazard areas.

g.

A contour map showing the proposed grading of the park or camp.

3.

No person shall construct or enlarge a manufactured home park, RV park or trailer


camp without first obtaining favorable outcome of the Administrative Review with
Comment Period process or Use Permit.

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.

MANUFACTURED HOME PARK STANDARDS: The following regulations shall apply in


respect to manufactured home parks and all Recreational Vehicles, manufactured homes and
travel trailers in the park:
1.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

hydrants shall be installed by the developer as approved by the Development Services


Department and the Fire District in which the park is to be located.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Expansion in addition to the expansion allowed under the non-conforming use


provisions shall result in the full compliance of the existing mobile home park with the
provisions of this Ordinance.

3.

Existing mobile home parks shall be subject to Section 102 (Purpose) for Zoning
Clearance and permit issuance.

SECTION 558 NUISANCE AND HAZARDS


No use or structure shall be operated in such a manner as to be an explosion or fire hazard; nor cause to
be exhausted or emitted into the atmosphere any smoke, soot, dust, radiation, odor, noise, vibration,
heat, glare or toxic fumes to such an extent as to constitute a nuisance; nor shall water carried waste or
pollutants be diverted into any open water course. The dispensing or handling of fuels, paint thinner,
or similar explosion or fire producing materials shall comply with Underwriters Laboratories, Inc.
standards or better.
SECTION 561 OUTSIDE DISPLAY - COMMERCIAL
A.

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.

Six feet (6) from the right-of-way line.


Page 103

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Paving of display area shall meet minimum County road standards.

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.

No unscreened outside storage of parts, nor outside display or parking of vehicles or


accessories not in operating and saleable condition shall take place on the premises (whether or
not other outside display is taking place).
SECTION 564 OUTSIDE STORAGE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Being hooked up to power.

b.

Being hooked up to water.

c.

Being hooked up to sewer or septic facilities.

d.

Being raised or leveled by means of jacks or blocks.

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.

Removal of wheels or axles or hitches on a vehicle normally fitted with wheels


and axles and/or hitches.

Temporary use of a travel trailer, motor home or recreational vehicle as an occasional


overflow guest room for non-paying or non-reimbursing relatives or guests is
authorized as outlined provided such interim use does not exceed ninety (90) days of
continuous duration or a total of ninety (90) days in a year or one (1) twelve (12) month
period. Temporary use of recreational vehicles shall be only authorized upon
satisfaction of the following performance criteria:
a.

Subject property is occupied by a permitted primary residential structure.

b.

The Environmental Unit shall be furnished with information to determine that


the septic or sanitary facilities are adequate to accommodate additional effluent
from the temporary recreational vehicle (RV) unit installation.

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.

A property owner or tenant may place appliances (washers, dryers, refrigerators,


freezers, ranges, stoves, furnaces, water heaters, air conditioners, etc.) outside, provided
said appliances are in an operable condition and are hooked up for personal on-site use.

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.

A property owner or tenant may park or store construction, mining, or farming


equipment or machinery outside, provided such equipment or machinery is in operable
condition and is intended for personal on-site use.

10.

No vehicular parts, components or accessories not independently operable, nor any


large non-structural objects, which are in disuse, or for use other than on site shall be
stored outside.
Page 105

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

11.

Any outside storage unable to meet the above exceptions and conditions must meet one
(1) of the following restrictions:
a.

Methods of screening for outside storage may include acceptable wooden


fencing, masonry walls, rock walls, landscaped berms or live vegetative
screening. All outside storage shall be totally screened from view of any
contiguous property or right-of-way or easement and located in the side or rear
yard. All screening for outside storage shall be subject to the review and
approval of the Planning and Zoning Commission or the Development Services
Director. Adjoining property owners will be notified by mail of the proposed
location and method of screening when an alternative method of screening is
presented to staff for their consideration.

b.

Not exceed the heights and square footages provided for the setbacks from the
nearest property line as follows:
DISTANCE
to nearest property line

101 to 200 feet


201 to 300 feet
301 to 400 feet
401 to 500 feet
501 or more
feet

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.

A Zoning Clearance is obtained prior to placement of the unit.

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.

Any electrical service to comply with applicable County Codes.

e.

No residential unit to exceed eight feet by twenty feet (8x20).

f.

Minimum residential use parcel size is two (2) acres.

g.

Only one (1) unit per residential parcel.


Page 106

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

No merchandise shall be displayed or stored outside in a C1 or C2 zone except as


provided for vehicles in the C1 Use District or by Use Permit (Section 582).
Merchandise displayed temporarily during business hours only under the roof of an
attached porch or carport shall be considered inside display. Vending machines
permanently installed against but outside of a structure shall not be considered outside
display.

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.

SECTION 565 PARK MODELS


PARK MODEL STANDARDS
A.

ZONING REQUIREMENTS:
Park Models are subject to the design/performance standards which follow.

B.

DESIGN/PERFORMANCE STANDARDS for Park Model Homes:


1.

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.

All units must be installed per manufacturers specifications.

5.

Any additions to a park model will require separate permits and must be selfsupporting.
Page 107

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

6.

All park models located on a parcel of land are to be serviced by an approved sewage
disposal system prior to habitation.

SECTION 567 PROTECTIVE SCREENING


Where a commercial, office or non-residential use abuts property in any residential zone, a masonry
wall six feet (6) in height, above the average elevation of the ground level within a six foot (6) radius
of the point of measurement on the fence or wall shall be erected and maintained between such uses
and the residential zone. Walls in the front yard setback shall not exceed heights of four feet (4).
Alternatives that are equivalent to a six foot (6) masonry wall, including double-sided solid wood
fencing, stuccoed wood frame walls, native stone or rock veneered walls or a dense live vegetative
buffer, may be approved by the Planning and Zoning Commission or the Development Services
Director.
SECTION 568 PUBLIC WORKS REGULATIONS
All uses shall be in compliance with all Yavapai County Public Works requirements and regulations,
including any road regulations duly adopted by the Board of Supervisors and administered by the
Yavapai County Public Works Department.
SECTION 570 REAL ESTATE OFFICE STANDARDS - TEMPORARY
A.

USE DISTRICT PROVISIONS:


Temporary real estate offices are permitted within the R1L (Single Family Limited) Use
District in conjunction with an approved subdivision plat and subject to performance standards
outlined under Subsection C below.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 571 RVs AND TRAVEL TRAILERS TEMPORARY CAMPING


A.

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.

Lot size of two (2) acres or more.

2.

Occupancy limited to ten (10) consecutive days.

3.

Frequency may not exceed three (3) times per calendar year with a minimum of thirty
(30) day intervals between stays.

4.

Occupancy limited to property owner. Rental is prohibited.

5.

Travel trailer or RV must be serviced by an approved on-site wastewater system or be


fully self-contained.

6.

Travel trailer or RV may not be connected to any utilities.

7.

Unit must meet the same setbacks applicable to a primary residence.

8.

Unit may only be stored on the lot during occupancy term. No storage of non-occupied
travel trailers or RVs is allowed.

SECTION 573 SELF-SERVICE STORAGE FACILITIES STANDARDS


A.

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.

Commercial wholesale or retail sales, or miscellaneous auctions and garage sales


prohibited except for the purpose of foreclosure liquidation by a proprietor as outlined
under A.R.S. 33-170l through 33-l706.

2.

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers,
appliances, or other similar equipment.

3.

The operation of power tools, spray-painting equipment, table saws, lathes,


compressors, welding equipment, kilns or other similar equipment.

4.

The establishment of a transfer and storage business.

5.

Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.

6.

Storing of radioactive materials, explosives and flammable or hazardous chemicals.

7.

Use as a residence or for housing animals is prohibited.

8.

Utilizing the Self-Storage Facility for other than dead storage (See Section 301
Definitions).
Page 109

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Note: All storage, rental or purchase contracts shall include the above listed restrictions.
C.

DESIGN/PERFORMANCE STANDARDS:
1.

Lot Requirements:
a.

Lot size to be a minimum of one-half (l/2) acre.

b.

Lot coverage to be a maximum of fifty percent (50%).

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.

A ten foot (l0) separation must be maintained between all buildings.

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.

Access: An emergency ingress/egress shall be provided in addition to at least one (1)


main ingress/egress for customer use.

6.

Building Height Restrictions:


a.

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.

Signage restrictions shall be as specified in Section 601(Sign Code).

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 581 TRASH, GARBAGE, AND REFUSE CONTAINMENT


Any owner, occupant, person in control, or manager of any property shall keep trash, garbage, and
refuse in a container of suitable size, shape and material so as to prohibit the contents from being
scattered by wind or rain and shall prohibit accessibility to rodents and other vermin.
SECTION 582 USE PERMITS
A.

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.

Any use permitted under the specific terms of the UP.

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.

Violation of the terms of the UP or this Ordinance voids the UP.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

7.

Decisions by the Development Services Director which result in the voiding of a UP


may be appealed to the Board of Supervisors, subject to an application for appeal being
on file in the Development Services Department within thirty (30) days of notification
of the UP being voided.

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.

SECTION 585 VEHICLE AND PORTABLE MACHINERY REPAIR


The following activities are not allowed in the general repair of automobiles, light trucks, recreational
vehicles, cycles, and small stationary or portable machinery:
A.

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.

Frame work or major body or fender work.

C.

Any work on vehicles outside permitted structures or enclosures, unless on the service apron of
a gasoline service station.

D.

Any unscreened outside storage of parts, materials, or disabled vehicles.

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.

SECTION 588 YARDS AND COURTS


A YARD or COURT (see Section 301 Definitions) shall be unobstructed from the ground up by
structures (other than fences, free standing walls, signs and certain subsequently permitted deviations
and projections). Where reference is to a "required setback" for a structure same shall designate the
minimum yard therefore. No lot shall be reduced in such a manner to reduce any yard or open space
below the minimum required therefore. No yard or open space required for a structure on one (1) lot
shall serve the same purpose for a structure on another lot. Through lots fronting on two (2) streets
shall be considered (for required setback purposes) as having two (2) front yards. No device, such as
doors and windows, may be so installed as to protrude beyond a lot boundary in the operation thereof.
A.

Yard deviations, where not in conflict with future width line:


1.

Front Yard Deviations:


a.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Side Yard Deviations:


a.

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.

Rear Yard Deviations:


a.

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.

All Yards Encroachments:


a.

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.

Front Yard Encroachments:


a.

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.

Rear Yard Encroachments:


a.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

A detached accessory structure may be placed in a required rear yard provided


same does not:
(1)

Encroach upon the end quarter of a through lot.

(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.

Additional Setback requirements in Commercial zones:


1.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

CHAPTER 6 FOCUSED DEVELOPMENT REGULATIONS


SECTION 601 SIGN CODE
The following Section shall be known and cited as the Yavapai County Sign Code and shall be
incorporated by reference into the Planning and Zoning Ordinance of the County of Yavapai, replacing
and superseding all former references to signs in that Ordinance.
The uses, locations, types, heights, sizes and illumination of signs (for illumination see also Section
603 Light Pollution Control) are regulated in order to protect the attractiveness of the County, to
enhance tourism, to promote commerce, to preserve property values, to insulate residential areas from
the undue impact of signs, to foster the effectiveness of business signage, to promote traffic and
pedestrian safety, and to protect the general welfare.
DEFINITIONS:
Awning: A shelter or cover projecting from and supported by an exterior wall of a building.
Canopy: Same as awning.
Commercial and/or Industrial Center: A group of two (2) or more businesses associated by a
common agreement or common ownership with common parking facilities.
Construction (Beginning): The placement or attachment of sign-related materials (e.g. posts, poles,
brackets, standards, bolts, screws, lumber, concrete, block, footings, paint) on the ground or on an
existing building or other structure.
Frontage: The length of the property line of any one (1) premise along a public right-of-way on which
it borders.
Grade: Average elevation of the ground within a radius of twenty feet (20) from the center point of
the sign.
Interstate Freeway Interchange: Where ingress or egress is obtained to a federal interstate highway;
specifically delineated as lying within three-hundred feet (300) of the federal right-of-way and
between the two (2) points of widening of the interstate highway right-of-way approaching the
interchange. (See Example)

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

(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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

An "arms length" change of ownership.

b.

Opening of a new location.

c.

An expansion of floor area of at least twenty- five percent (25%).

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.

No sign may encroach upon or overhang adjacent property or public right-of-way. No


sign shall be attached to any utility pole, light standard, bridge, or any other public
facility located within the public right-of-way. Signs may be located in or project into
required yards, but no sign nor any support for a sign shall be located in, or project into
any private street, alley, easement, driveway, parking area or pedestrian way in such a
manner as to obstruct the intended use or to constitute a safety hazard.

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.

In no case shall any sign exceed thirty feet (30) in height.


Page 119

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

No sign shall be located in such a manner as to obstruct or otherwise interfere with an


official traffic sign, signal or device or obstruct or interfere with a driver's view of
approaching, merging or intersection traffic.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Signs deemed dangerous, abandoned, or in substantial violation of this Sign Code by


the Land Use Specialist, shall require correction within thirty (30) days of official
notification, or be subject to removal by the County, and the owner billed for the actual
cost of removal pursuant to A.R.S. 11-268 and any Yavapai County Ordinance
authorizing such billing for removal of signs and determining that dangerous,
abandoned, or violating signs are included in the scope of the referenced statute.

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.

Official notices authorized by a court, public body, or public safety official.

2.

Directional, warning or information signs authorized by or consistent with Federal,


State, County, or Municipal Authority.

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.

Commemorative symbols, plaques and historical tablets.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

C.

SPECIAL PURPOSE SIGNS:


1.

Directional or Information Signs:


a.

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)

This sign shall contain no advertising copy.

(2)

This sign shall not exceed four (4) square feet in area per face.

(3)

This sign may be double-faced.

(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)

This sign may be used to designate entrances or exits to or from a


parking area, but the number shall be limited to one (1) for each such
entrance or exit.

(6)

Off-premise permanent directional or information signs for public


service or safety facilities (such as hospitals and clinics) may be
permitted through the Use Permit process as provided in Section 582.
Such signs may be specifically approved up to twenty-four (24) square
feet.

(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)

Directional subdivision signs may only be displayed during the


two (2) years following the date of recordation of the final plat
map.

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)

Located at the arterial highway and/or intersections of access roads


heading directly to the business.

(2)

Limited to six (6) square feet of panel area, not to exceed eight feet (8)
in height above grade, unlighted.

(3)

Limited in content to a generic description (one or two words) of the


facility (such as "camping"), an arrow or words giving directions (such as
Page 122

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

"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)

Required to obtain an off-premise sign permit (even though under the


minimum size otherwise requiring a permit).

(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 Real Estate, Construction and Subdivision Signs:


a.

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.

On-site signs for subdivisions (including condominium projects) advertising only


the subdivision and the sale of lots or units from a recorded plat, shall be
permitted provided there shall be no more than one hundred (100) square feet of
total sign area for each subdivision and a total of five (5) signs. They shall not
extend into any required yard nor shall any sign exceed twelve feet (12) in
height. Such on-site signs shall be permitted until the sales office is abandoned
in the subdivision or for a maximum of two (2) years, whichever occurs first, and
provided that such signs are maintained in good condition. Extensions beyond
the two (2) year limitation may be granted in the form of a Use Permit (Section
582) for one (1) year increments.

d.

For the purpose of administering this Section, apartment or group housing


complexes of thirty (30) units or more shall be considered within the definition
and regulations of a subdivision in Subsection C.2.c. above. Apartment
complexes may display directional signs for a period of one (1) year following
construction completion, subject to the additional regulations for Temporary
Sign Permits.
Page 123

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

e.

3.

Office buildings or complexes, shopping centers and industrial parks may


display leasing and rental signs for a period of one (1) year following
construction completion. These signs shall be limited to one (1) free-standing
sign and two (2) building-mounted signs not to exceed a combined total of one
hundred (100) square feet in area. Free-standing signs shall not exceed eight
feet (8) in height. After this one (1) year period, standard regulations above
shall apply.

Self-Service Storage Facility Signs:


Signage shall be limited to one (1) sign for each property line abutting or adjoining a
street right-of-way. Signs identifying the nature of the residential storage facility shall
not exceed fifteen feet (15) feet in height or forty (40) square feet in area. No
additional advertising signs will be permitted within the Self-Storage Complex.

D.

OFF-PREMISE SIGNS: Off-premise signs may be permitted subject to the following


conditions, and restrictions:
1.

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.

No new, relocated, or reconstructed off-premise sign shall be permitted within two


hundred feet (200) of a residential zone.

3.

No new, relocated, or reconstructed off-premise sign shall be permitted within one


thousand five hundred feet (1,500) of an existing off-premise sign.

4.

Off-premise signs shall be constructed on no more than three (3) supports.

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.

Maximum height: twenty feet ( 20).

b.

Maximum area: one hundred sixty (160) square feet.

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.

Lighting shall be either internal or by indirect source (shielded and either


directed downward with reference to the horizontal plane of the ground surface
or fitted with an approved glare reduction device to prevent the upward escape
of light).

Off-Premise signs consisting of banners or other temporary means of advertising annual


special community events, festivals, and similar public gatherings of a "not-for-profit
nature" shall be permitted in C2, C3, M1, and M2 Zoning Districts. Such signs shall
obtain Temporary Sign Permits, on a no-fee basis, prior to their erection. Permits for
such signs shall be for a specific period, after which such signs shall be removed. Such
signs shall otherwise comply with the general provisions, and the provisions of the
Zoning District in which they are to be placed, except that with proper authorization,
such signs may be placed within or across the right-of-way of a public street or road.
The number of such signs shall be limited to one (1) per entrance to the community by a
Page 124

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

County or state arterial highway.


9.

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)

This sign may be indirectly illuminated by one (1) light bulb or


fluorescent tube not exceeding one hundred fifty (150) watts.

b. Identification Signs:
(1)

(2)

Signs identifying churches, schools, public utility buildings and


facilities, hospitals, institutions of an education, religious, health,
charitable or philanthropic nature, homes for the aged, nursing homes,
convalescent homes, libraries, museums, community buildings, airports,
cemeteries and mausoleums, golf courses, parks, playgrounds, tennis
courts and campgrounds are permitted, subject to the following:
(a)

This sign shall not exceed twenty-four (24) square feet in area,
and may be double-faced.

(b)

This sign may be placed flat against a wall of a building or such


sign may be free standing, but placement against a wall of a
building shall extend no higher than ten feet (10) above the
grade at the base of the wall. The height of a free-standing sign
shall not exceed ten feet (10) above grade.

(c)

This sign shall contain no advertising copy.

(d)

This sign shall be located on the property to which it pertains and


the number shall be limited to one (1) for each such use listed in
Subsection 1.b.(1) above. Two (2) such signs shall be permitted
if the parcel exceeds five (5) acres in area and has frontage on
more than one (1) publicly dedicated street or road.

Signs identifying multi-family dwellings, apartment developments,


boarding or rooming houses shall be allowed one (1) sign per street
Page 125

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

frontage entrance, each not exceeding sixteen (16) square feet in area.

c.

2.
F.

(a)

This sign may be placed flat against a wall of a building or such


sign may be free standing, but placement against a wall of a
building shall be no higher than ten feet (10) above grade nor
above the roof line. The height of a free-standing sign shall not
exceed ten feet (10) above grade.

(b)

This sign shall be for residential identification purposes only and


shall contain no business identification or advertising copy.

(c)

This sign shall be located on the property to which it pertains.

Subdivision Signs: Permanent subdivision entrance signs are permitted. At the


major street entrance to a subdivision or development, not more than two (2)
signs are permitted, indicating only the name, symbol, logo, or other graphic
identification of the subdivision or development each sign not exceeding twenty
(20) square feet in area, not exceeding six feet (6) in height, attached to and not
extending above a wall or fence.

Temporary Signs: Temporary signs as provided in Subsection C.2. (Special Purpose


Signs) of this Section are permitted, subject to all regulations contained therein.

SIGN REGULATIONS Specific to Light Commercial Districts: RS (Residential Services), C1


(Light Commercial), and PM (Performance Industrial). No sign shall be placed or maintained
in any RS, C1 or PM Zoning District, except as follows:
1.

2.

Identification or Advertising: Signs identifying uses permitted in any RS, C1, or PM


District and not located in a commercial or industrial center, are permitted subject to the
following:
a.

Signs may be wall-mounted, free standing or portable.

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.

Signs shall be located on the property to which they pertain.

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.

Temporary Signs: Temporary signs as provided in Subsections A.2. (General


Provisions) and C.2. (Special Purpose Signs) of this Section are permitted, subject to all
Page 126

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

regulations contained therein.


G.

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.

Identification or Advertising: Signs identifying uses permitted in any C2 District and


not located in a commercial or industrial center are permitted subject to the following:
a.

Signs may be wall-mounted, free standing, or portable.

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.

Signs shall be located on the property to which they pertain.

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.

Temporary Signs: Temporary signs as provided in Subsections A.2. (General


Provisions) and C.2. (Special Purpose Signs) of this Section are permitted, subject to all
regulations contained therein.

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.

Identification or Advertising Signs (On-Premise): Signs identifying or advertising uses


permitted in any C3, M1, or M2 Zoning District, and not located in a commercial or
industrial center are permitted, subject to the following:
a.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

In addition to the on-premise sign described above, each separately housed


business may have one (1) portable 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.

2.

Off-premise Signs: Off-Premise Signs are permitted, subject to all regulations contained
in Subsection D (Off-Premise Signs) of this Section.

3.

Temporary Signs: Temporary signs as provided in Subsections A.2. (General


Provisions), C.2. (Special Purpose Signs), and D.8. (Off-Premise Signs) of this Section
are permitted, subject to all regulations contained therein.

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.

SIGN REGULATIONS Specific to Manufactured Home, Travel Trailer, and Recreational


Vehicle Parks:
1.

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.

Individual business signs shall be in accordance with the following:


a.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Such signs shall be wall-mounted or under-canopy signs.

d.

Under-canopy signs shall be business identification signs and shall be limited to


one (1) per business and a maximum of six (6) square feet in area.

Center Identification Signs shall be in accordance with the following:


a.

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.

No more than one (1) such sign per tenant business.

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.

There shall be a fee established by the Board of Supervisors' resolution.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Assessor's Parcel Number identifying the property.

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.

Copy to be placed on the sign(s).

d.

Nature of the proposed use of the sign and premises.

e.

Type of sign and materials used, methods of support, free standing or other.

f.

Estimated true value of sign and associated structural supports.

g.

Dimensions of sign panel as well as bottom and top heights above grade.

h.

Type, placement and strength of illumination, if any.

i.

Number and orientations of faces of sign (aerial-view sketch, if necessary, to


depict faces and orientation).

j.

A (signed) plot plan showing the following:


(1)

Shape and dimensions of lot boundaries.

(2)

Location of rights-of-way or ingress and egress easements lying on the


parcel or providing access to the parcel.

(3)

Driveways and parking spaces, if any.

(4)

Location, dimensions, spacing and heights and uses of existing and


proposed structures on the lot including signs, their dimensions, and if
free standing or wall-mounted.

(5)

Washes or waterways on or within two hundred feet (200) of the lot.

(6)

North designation.

(7)

Location of sign on property.

k.

A (signed) elevation view, with dimensions and approximate copy ad design, of


the sign(s) faces.

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.

Signature of applicant or agent.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

A Temporary Sign Permit is specifically required for community special event


banners and signs, signs advertising the forthcoming construction of a building,
exceptions granted administratively for Grand Openings, and one-time events.

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.

Temporary Signs shall conform to all other requirements of this Code.

d.

The fee for a Temporary Sign Permit shall be the same as a permanent sign
permit, except as otherwise noted.

Page 131

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 602 PARKING AND OFF-STREET LOADING


The following provisions shall apply as noted, except as may be modified, supplemented or supplanted
under the provisions of any particular Zoning District.
I.

OFF-STREET PARKING REQUIREMENTS

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

A.

B.

REQUIREMENTS FOR OFF-STREET PARKING:


1.

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.

Required improvements shall be completed in accordance with these Zoning


regulations prior to commencement of the use or occupancy of the site.

LOCATION OF REQUIRED PARKING SPACES:


1.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

METHODS OF PROVIDING REQUIRED OFF-STREET PARKING may be achieved by any


one or a combination of the following:
1.

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.

Combination of Uses: Where there is a combination of uses on a lot, the number of


automobile parking spaces shall be the sum of the requirements of the various uses. If,
in the opinion of the Development Services Director, the uses would not be operated
simultaneously, the number of automobile parking spaces shall be determined by the
use with the highest parking demand.

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.

Provisions shall be made for maintenance of common service areas by a corporation,


partnership, trust or other legal entity having the right to access or place a lien upon the
individual lot owners for all necessary costs and/or expenses. A letter of maintenance
responsibility will be required as part of the Zoning Clearance procedure.

DIMENSIONS AND CIRCULATION:


1.

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.

REQ. AISLE WIDTH

Page 134

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

GENERAL DESIGN REQUIREMENTS:


1.

Unless no other practicable alternative is available, vehicle parking areas shall be


designed so that vehicles may exit such areas without backing onto a public street. This
requirement does not apply to parking areas consisting of driveways that serve no more
than two (2) dwelling units.

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.

SCHEDULE OF REQUIRED OFF-STREET SPACES:


1.

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.

Fractional Amount: In calculating the total number of required off-street parking


spaces, fractional amounts are to be rounded to the nearest whole number (one-half
(1/2) shall be rounded to the next highest number).

Page 135

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

f. Bed & Breakfast.

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.

e. Theaters, auditoriums, arenas, indoor and outdoor


stadiums, amusement parks, automobile and motorcycle
racing tracks.

Page 136

Two (2) per dwelling unit.

One (1) space for each bedroom.


Two (2) per dwelling unit, except that onebedroom units require only one (1) space.
One and one half (1.5) per dwelling unit.
One (1) space for every four (4) seats in the
portion of the church building to be used for
services plus spaces for any residential use as
determined in accordance with the parking
requirements set forth above for residential
uses.
One (1) space per Bed & Breakfast guest unit
plus required parking spaces for resident family
and one (1) per employee.
One (1) space per one hundred (100) sq. ft. of
gross floor area plus one (1) per employee.
Same as 2.a.1 above, plus reservoir land
capacity equal to five (5) spaces per drive-in
window.
One (1) space per one hundred (100) sq. ft. of
gross floor area, or one (1) space per every
three (3) seats in the main assembly room,
whichever is greater, plus one (1) per employee
plus one (1) per commercial funeral vehicle.
One (1) space per three (3) washing machines
plus one (1) space per employee.
One (1) space per one hundred (100) sq. ft. of
gross floor area.
One (1) space per five hundred (500) sq. ft of
sales area for the first two thousand (2,000) sq.
ft. plus one (1) per each additional two
thousand (2,000) sq. ft.
One (1) space per three (3) seats plus reservoir
lane capacity equal to three (3) spaces for
entrance/exit.

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

f. Retail gas; gas service stations.

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.

One (1) space per each employee plus reserve


spaces equal to three (3) times the wash lane
capacity.
Two (2) spaces for drying and cleaning
purposes per stall plus three (3) reservoir
spaces in front of each stall.
h. Motor vehicle and machinery sales.
One (1) per eight hundred (800) sq. ft. of floor
area.
i. Planned shopping centers under unified control.
One (1) per two hundred (200) sq. ft. of gross
floor area.
j. Barber shops, beauty shops.
One (1) per chair and one (1) per employee.
k. Furniture and appliance store, household equipment.
One (1) per eight hundred (800) sq. ft. of
usable floor area.
l. Retail stores (except where otherwise specified).
One (1) per two hundred (200) sq. ft. of public
floor area.
m. Hotels, motels.
One (1) per guestroom or suite plus one (1) per
two (2) employees plus additional space (in
accordance with other sections of this table) for
restaurants or other facilities.
n. Bus depots.
One (1) per one hundred fifty (150) sq. ft. of
waiting room space.
o. Skating rinks, dance halls, dance studios, bowling alleys, One (1) space for every three (3) persons of
gymnasiums, health studios.
maximum capacity permitted by fire
regulations (If they can be measured in such a
fashion. Example: tennis courts or bowling
alleys), plus one (1) space per two hundred
(200) sq. ft. of gross floor area used in a
manner not susceptible to such calculations.
p. Billiard parlors.
One (1) per two (2) billiard tables plus one (1)
per two (2) employees.
q. Private tennis clubs and similar uses.
Two (2) spaces per court plus one (1) per
employee, plus one (1) per two hundred (200)
sq. ft. of usable enclosed building area.
r. Wholesale.
One (1) space per employee plus one (1) space
per one hundred (100) sq. ft. of floor area.
s. Business offices designed to attract and serve customers or One (1) space per two hundred (200) sq. ft. of
clients on the premises such as offices of attorneys,
gross floor area.
physicians, insurance and stockbrokers, travel agents.
t. Golf courses.
One (1) space per two hundred (200) sq. ft. of
area within enclosed buildings plus one (1)
space for every three (3) persons that the
outdoor facilities are designed to accommodate
when used to maximum capacity.

Page 137

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

u. Self-service storage facility.

v. Banks with drive-up windows.

3. MANUFACTURING/INDUSTRIAL USES

4. SCHOOLS
a. Nursery schools, day care centers.

One (1) space per employee plus one (1) space


per two hundred (200) sq. ft. of gross floor
area.
One and one half (1.5) spaces per classroom
plus one (1) space per employee.
Five (5) spaces per classroom plus one (1)
space per employee.
One (1) space per one hundred (100) sq. ft. of
gross floor area.
One (1) space per one hundred fifty (150) sq.
ft. of gross floor area.

b. Elementary schools.
c. Secondary schools
d. Trade or vocational schools.
e. Colleges, universities, community colleges.

G.

Two (2) spaces for caretaker residence and/or


office plus one (1) guest space per fifty (50)
units.
One (1) space per two hundred (200) sq. ft. of
area within main building plus reservoir land
capacity equal to five (5) spaces per window.
One (1) per five hundred (500) sq. ft. of gross
floor area or one (1) per employee, whichever
is greater, and one (1) per company vehicle
(except PM District; See Section 430).

PARKING AREA SURFACING IMPROVEMENTS:


1.

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)

The commercial business includes driving lanes for drive-in windows.

(2)

The commercial business is required to have over twenty (20) parking


spaces or a gross area of six thousand (6,000) square feet of parking area
allocated

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
Page 138

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

for clearly defined points of ingress and egress.


c.

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.

Parking spaces in areas surfaced in accordance with Subsection G.3. shall be


appropriately demarcated with painted lines or other markings. In instances
where demarcation is not possible, the number of required parking spaces shall
be increased by twenty percent (20%).
TYPE OF SURFACING
ASPHALTIC CHIP SEAL
CONCRETE

THRESHOLDS

ABC

Less than ten (10) spaces required or 3,600 sq. ft.


X
Over twenty (20) spaces required or 6,000 sq. ft.
of parking lot surface area when used at least five
(5) days per week or drive-up window.
Other
H.

X
X

ADMINISTRATIVE WAIVER OF REQUIREMENTS:


Administrative Modifications: Quantifiable standards of this Section may be modified up to a
maximum of ten percent (10%), when it is demonstrated that an unusual site or use condition
exists and when such adjustment will not result in a danger to persons or property or in
increased traffic.

I.

J.

PARKING LOT LANDSCAPING:


Number of Parking Spaces
0-20 spaces

Percent of Area to be Landscaped


Zero percent (0%)

21-50 spaces
51 spaces and over

Six percent (6%)


Nine percent (9%)

HANDICAP PARKING GUIDELINES:


Guidelines from ADA (Americans with Disability Act)
1.

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.
Page 139

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

The access aisle must connect directly to the accessible route.

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.

Number of Accessible Spaces per number of total spaces in lot:

TOTAL PARKING IN LOT

MIN. # OF ACCESSIBLE SPACES

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

2% of total parking spaces

1001 and above

20 plus 1 for each 100 spaces over 1000

Page 140

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

UNDESIRABLE DESIGN

PREFERRED DESIGNS

Page 141

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

II.

OFF-STREET LOADING REQUIREMENTS

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.

SCHEDULE OF LOADING SPACE REQUIREMENTS:


Total Floor Area of
Building
20,000 sq. ft. to 30,000 sq.
ft.
30,001 sq. ft. to 50,000 sq.
ft.
For
each
100,000
additional sq. ft.

B.

Number of Loading Spaces


Required
1 space
2 spaces
1 additional space

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.

Page 142

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 603 LIGHT POLLUTION CONTROL


A.

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.

Purpose and Intent:


a.

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.

It is also recognized that the topography and atmospheric conditions in northern


Arizona are uniquely suited for government, military, commercial, and private
astronomical observation and that unnecessary or excessive uses of outdoor
nighttime lighting have an adverse impact on astronomical research and
observation, even at relatively distant observatories.

c.

Accordingly, it is the intent of this Section of the Planning and Zoning


Ordinance to encourage lighting practices and systems which will minimize
light pollution, glare, light trespass, and conserve energy while maintaining
nighttime safety, utility, security and productivity.

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.

Page 143

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.):

Page 144

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Examples of fixtures that are NOT Fully Shielded:

*
*
*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.
Page 145

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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
Page 146

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Page 147

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Class 2 Lighting shall have no time restrictions unless stipulated as a condition


of approval for new projects.

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)

Up lighting or ground mounted lighting may be allowed to accent unique


features of a building (such as outstanding architectural features but not
an entire building) and or surrounding landscaping (specimen trees with
dense year round foliage or large native shrub masses) subject to
approval by the Development Services Director. Up lighting or ground
mounted lighting shall be designed and installed in such a manner as to
minimize glare with special consideration in areas where there is vehicle
and pedestrian traffic, or where such lighting will not unduly interfere
with use and enjoyment of adjacent or nearby properties.

(2)

All feature lighting which is directed upwards shall be placed in such a


manner that the angle of the lamp shall not be greater than forty-five
degrees (45) measured from a horizontal plane to a line projected
through the center of the lamp, and fixtures shall be shielded to contain
and direct the light onto the feature to be lighted.

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.

Class Lighting: Residential lighting, as it may contain certain aspects of any of


the lighting classes as may be found in Class 1, 2 or 3 (see Definitions) shall be
considered allowed so long as the intended use is allowed within the particular
Zoning District.

b.

Shielding: Fully shielded fixtures are required for any lamp.


Page 148

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Certification: Applicant to provide manufacturer's cut-sheet/catalog information


detailing fixture shielding and lumen output of bulbs to be installed, and where
required by the Development Services Director, a drawing/illustration of the
proposed shielded fixture.

e.

Curfew: None

f.

Exemptions: The following fixtures are exempt from shielding and lumen
requirements unless otherwise noted.
(1)

Street Lighting (excluding mercury vapor lights) provided they are


fully shielded.

(2)

Low Wattage (four watts or less) decorative lighting for recognized


holidays.

(3)

Permanent Low Wattage (four watts or less) landscape lighting.

(4)

Motion Sensor Security Lighting as defined provided the fixture is


shielded, designed and adjusted in such a fashion to prevent spill
onto adjacent parcels.

(5)

Lighting of one (1) State of Arizona, American, POW/MIA and


Military flag provided lights are down-lighted.

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.

Outdoor Display Lots:


(1)

Class: Lighting for Outdoor Display Lots shall be considered Class 1


(Color Rendition).

(2)

Shielding: All such lighting shall utilize fully shielded luminaires that are
installed in a fashion that maintains the fully-shielded characteristics.
Page 149

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

c.

(3)

Lighting Amount: Lighting amounts may exceed the limit listed in


Subsection C.2.j for the area of the display only. However, when the
proposed lumens per acre exceed 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 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)

Certification: Every such lighting system shall be certified by an Arizona


registered engineer, other certified lighting specialist or equivalent
manufacturer documentation as conforming to all applicable restrictions
of this Ordinance as installed.

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)

Class: Lighting for Service Station or similar canopies shall be


considered Class 1 lighting.

(2)

Shielding: All luminaires shall be flush with the lower surface of


canopies and utilize flat glass or plastic covers.

(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)

Inclusion Toward Total Outdoor Light Output: Twenty-five percent


(25%) of the lumen output of all lamps mounted within or under a
canopy, except internally illuminated signs, is included in the lumen caps
in Subsection C.2.j. Street lighting is exempt from the total lumen count
for a given property.
Page 150

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

e.

Signs:
(1)

Externally Illuminated Signs: Lighting used for all externally illuminated


signs shall conform to all restrictions of this Ordinance, shall be fully
shielded, and shall be turned off at 10:00 p.m. or when the business
closes, whichever is later. Such lighting is included in the Total Outdoor
Output (see Subsection C.2.j).

(2)

Internally Illuminated Signs: Outdoor internally illuminated advertising


signs shall either be constructed with an opaque background and
translucent letters and symbols or with a colored (not white, cream, offwhite, yellow or other light color) translucent background, with either
translucent or opaque letters and symbols. Opaque means only that the
material must not transmit light from the internal illumination source; the
color of such opaque backgrounds is not restricted by this Section.
Lamps used for internal illumination of such signs shall not be included
in the lumens per net acre limit set in Subsection C.2.j.

(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)

All neon lighting (indoor or outdoor), except for that used in


permitted signage, shall be fully shielded and shall be turned off
at 10:00 p.m. or when the business closes, whichever is later.

(b)

The requirements for shielding of light emissions for outdoor


light fixtures are as follows:

Shielding/Use Code:
A = allowed, unshielded, F = allowed, fully shielded
LAMP TYPE
Class 1, 2 and 3 Lighting:

SHIELDING

All lamp types above 2050 lumens

F (See Note 1)

All types below 2050 lumens

A (See Note 2)

All neon tube lighting

Lamps in Motion Sensing Security Lights (See B)

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.

100 Watt Standard Incandescent and less

b.

100 Watt Midbreak Tungsten-Halogen (quartz) and less

c.

25 Watt T-12 Cool White Fluorescent and less

d.

18 Watt Low Pressure Sodium and less

Note 2. Lights shall be shielded or directed to minimize light spilled into the
night sky or adjacent properties.
Page 151

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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)

Shielding: Fully shielded lighting shall be required for fields designed


for amateur, recreational or non-professional sports activity. For
professional level sports facilities where fully shielded fixtures are not
utilized, acceptable luminaires shall include those which:
(a)

are provided with internal or external glare control louvers, or


both, and installed so as to minimize up-light and off-site light
trespass as defined in Subsection B; and

(b)

are installed and maintained with aiming angles that permit no


greater than two percent (2%) of the light emitted by each fixture
to project above the horizontal.

(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)

Curfew: All events shall be scheduled so as to complete all activity by


10:00 p.m. Illumination of the playing field, court, track or range shall
be permitted after 10:00 p.m. only to conclude a scheduled event that
was unable to conclude before 10:00 p.m. due to unusual circumstances
and once off remain off during non-business hours.

(6)

Certification: Every such lighting system shall be certified by an Arizona


registered engineer, other certified lighting specialist or equivalent
manufacturer documentation as conforming to all applicable restrictions
of this Ordinance as installed.

(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
Page 152

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Ordinance shall not be so used after January 1, 2005.

D.

b.

No new bottom or side-mounted outdoor advertising sign lighting shall be


issued permits after January 1, 2005.

c.

No other outdoor lighting fixture or use which was lawfully installed or


implemented prior to the enactment of this Ordinance shall be required to be
removed or modified except as expressly provided herein; however, no
modification or replacement shall be made to a non-conforming fixture unless
the fixture thereafter conforms to the provisions of this Ordinance, except that
identical lamp replacement is allowed (no mercury vapor lamp/fixture can be
replaced or be found legal non-conforming). Time restrictions described in
Subsections C.2.f, C.2.g, C.2.h, C.2.i, C.4.b.(5), C.4.e.(3), and C.4.f.(5) shall
however be applied to such existing lighting.

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.

Approved Materials and Methods of Construction or Installation/Operation:


a.

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)

provides at least equivalence to the applicable specific requirements of


this Ordinance; and

(2)

is otherwise satisfactory and complies with the intent of this Ordinance.

Permits and Development Plan Reviews:


a.

Whenever a person is required to obtain a building or electrical permit for


outdoor lighting or signage (residential or commercial), a Use Permit,
subdivision approval or any development plan approval by the County,
including all County projects, or whenever a person requests a rezoning, the
applicant shall, as a part of the lighting permit application, submit sufficient
information to enable the Development Services Director to determine whether
the proposed lighting will comply with this Ordinance.

b.

All applications shall include the following:


(1)

A site plan indicating the proposed location of all outdoor lighting


fixtures;

(2)

A description of each illuminating device, fixture, lamp, support and


shield.
This description may include, but is not limited to,
manufacturers catalog cuts and drawings (including sections where
required), lamp types and lumen outputs; and

(3)

Such other information as the Development Services Director may


Page 153

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

determine is necessary to ensure compliance with this Ordinance.


c.

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)

The proposed lighting is designed in such a manner as to minimize light


pollution as much as is feasible;

(3)

The proposed lighting will comply with the general intent of this
Ordinance; and

(4)

The permit will be in the public interest.

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.

SECTION 604 STREET NAMING AND ADDRESSING


A.

B.

TITLE AND PURPOSE:


1.

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.
Page 154

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.
Page 155

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

The Addressing Official shall be responsible for the administration of these


standards and the maintenance of all maps and data related to addressing.

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.

The Addressing Official or authorized representative, shall process applications


for address assignments. The Addressing Official will not assign any temporary
addresses to any properties within the unincorporated areas of Yavapai County.

Enforcement:
a.

The Addressing Official or authorized representative may cite persons in


violation of this Ordinance.

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
Page 156

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

STREET NAMING STANDARDS:


1.

Selection of Street Names:


a.

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)

A street name sounds similar to the name of another street despite a


difference in spelling.

Unacceptable Street Names:


(1)

Numerical names (1st, 2nd, First, Second, etc.) or alphabet letters.

(2)

Names which may be considered frivolous or in poor taste.

(3)

Complicated names or names with unconventional spelling.

(4)

Names which include words or syllables which might be confused with


prefix or suffix designations (such as Northglen Drive or Circle Drive).

(5)

Proper names unless proven to have historical significance.

Naming and Street Configuration:


(1)

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)

In peculiar circumstances where a road loops back on itself for a


substantial length, the Addressing Official can make the determination
in the public interest and safety to give a street two (2) different prefixes
using a logical breaking point.

(4)

Major arterials and highways which change direction for a significant


distance may change directional prefixes at the most logical and
convenient break point, i.e., when a highway crosses the "0" point in a
grid system.
Page 157

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

e.

(5)

Streets located on the same alignment in the same geographical region


should bear the same name and directional prefix though they are not
connected.

(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)

For a highway or major arterial street: Highway, Road,


Boulevard, Avenue, Parkway.

(b)

For a local through street: Road, Drive, Lane, Way, Avenue,


Street.

(c)

For a short street or cul-de-sac: Way, Court, Place, Circle.

Standard Abbreviations: Avenue: Ave; Boulevard: Blvd; Circle: Cir;


Court: Ct; Drive: Dr; Highway: Hwy; Lane: Ln; Parkway: Pkwy; Place:
Pl; Road: Rd; Street: St; Way: Way; Cove: Cv; Loop: Loop; Pass: Pass;
Park: Park; Path: Path; Plaza: Plz; Terrace: Ter; Trail: Trl.

Naming and Street Name Signs:


(1)

All street name signs for dedicated streets and private streets shall
conform to the following standards:
(a)

Length of sign not to exceed forty-two inches (42").

(b)

Sign blade to be six inches (6") wide, extruded aluminum with a


.090 web thickness and a .250 flange thickness.

(c)

Sign letters shall be reflectorized.

(d)

Legend and background shall be contrasting color and shall have


a white message on a green background for County maintained
roadways or on a brown background for private roadways.

(e)

Four inches (4") shall be the minimum letter height for names.

(f)

Two inches (2") letter height to be used for suffix designations


(and directional prefixes, if used).

(g)

Conventional abbreviations are acceptable EXCEPT for the


street name itself.

(h)

Letters used shall be either heat activated 3M#2290 or


equivalent, or pressure activated 3M#3290 or equivalent.
Normally a type "C" letter should be used. However, a type "B"
letter may be used if necessary to get the name on the sign.

(i)

Sign backing material shall be engineer's grade 3M#2277 or


equivalent.

(j)

All signs placed on public road right-of-way shall be approved


by the County Engineer or his appointed representative.
Page 158

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

(2)

g.

H.

Length of street names shall be limited to spacing consistent with a


forty-two inch (42") sign, usually fifteen to seventeen (15-17) letters
depending upon the suffix used, i.e., St., Ave., etc.

Street Naming for New Subdivisions:


(1)

After approval of a Preliminary Plat map and before submittal of a Final


Plat, the subdivider shall submit a street naming and address numbering
proposal to the Development Services Department, which includes: (1) a
map of the overall tract illustrating street layout, the name proposed for
each street and the proposed numbering for each lot, and (2) an
alphabetical list of the proposed street names, together with an alternate
name for each name proposed, and English translations for any foreign
language names. The Development Services Department shall review
the street-naming and number proposal for duplication of names,
appropriateness of names, and for overall compliance with the streetnaming and numbering policy. The Department may modify or amend
the proposal as it deems necessary in order to bring it into conformance
with the street-naming and numbering policy. The decision of the
Department may be appealed to the Board of Supervisors within fifteen
(15) days after action by the Department. The approved street names
and numbering shall be included in the Final Plat map.

(2)

Street name signs, conforming to standards approved by the County


Engineer shall be installed by the subdivider at the intersection of all
streets and highways and at such other locations as may be determined
to be necessary by the County Engineer. Street name signs may be
placed on top of stop signs, if approved by the County Engineer.

STREET NAME CHANGE PROCEDURES:


1.

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.

A certified correct list of names and addresses of adjacent property owners,


service and emergency organizations (i.e., fire, police, post office, etc.) that did
not sign the petition to the best of the petitioner's knowledge.

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.

Old name and new name.

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.
Page 159

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

Roadway Name Map:


When road name changes are adopted by the Board they will automatically become part
of the official road name map, which may be a singular document or combination of
several maps using existing adopted zoning maps and address maps. Adoption of this
Section of the Ordinance will effectuate the official road name map(s).

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.

Street Name Signage:


a.

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.
Page 160

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

I.

ADDRESSING STANDARDS:
1.

Address Numbers:
a.

The system by which addresses are assigned in Yavapai County (except in


incorporated areas and areas which retain a pre-existing address system) shall
be a grid system whereby address numbers increase in value from 0 at the
baselines at a rate of one thousand (1,000) numbers per mile (except in the
Cottonwood and Sedona address systems, see subsection I.5.c and e). Where
possible, thousand grid numbers shall correspond with section lines. Each
thousand grid is divided into ten hundred blocks of approximately equal length.
Hundred blocks may be expanded and contracted in order to fit street patterns,
so that a hundred block may begin at an intersection rather than in the middle of
a block.

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)

Number (Value denoting distance from baseline, plus a unit number, if


necessary. Fractions or alphabetical letters shall not be included in an
address number).

(2)

Directional Prefix (Indicating directions of street and its location within


the grid system). (Not required in the Sedona mile-post system.)

(3)

Street Name (As shown on address maps and recognized by the


Addressing Official).

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.

Address numbers shall be assigned to properties at their point of frontage on a


named street. A building on a corner lot shall be assigned an address on the
street the driveway accesses. A building on a large parcel shall be assigned an
address for the point at which its private driveway meets a named street.

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.

Page 161

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

3.

4.

5.

Display Standards:
a.

Address numbers shall be located so as to be legible from the street on which


the address is assigned.

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.

Where unit numbering is necessary, the property owner is responsible for


posting unit numbers in a logical and appropriate manner within sixty (60) days
of passage of this Ordinance or within sixty (60) days of notice to comply.

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.

Pre-Existing Address Systems:


a.

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.

The Addressing Official shall, in co-operation with any other jurisdictions


concerned, determine and mark on the official addressing maps the limits of
areas affected by any pre-existing address system.

Geographical Descriptions of the County Address Systems:


a.

Camp Verde Grid.

(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
Page 162

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.
b.

Chino Valley Grid:

(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.

Sedona Milepost System:

(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.
Page 163

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

(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.

Maps of the County Address Systems. See the following pages.

Page 164

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 165

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 166

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 167

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 168

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 169

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 170

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 171

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 172

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 173

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 174

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 175

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 176

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 177

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 178

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 179

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 180

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 181

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 182

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 183

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 184

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 185

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 186

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 187

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Page 188

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION 605 WIRELESS COMMUNICATIONS FACILITIES


A.

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
Page 189

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

APPLICABILITY: All wireless communications facilities shall be subject to this Section


except those used solely for transmission and receipt by a single user and not otherwise
restricted within that Zoning District, including but not limited to, amateur radio and devices
necessary for the use of a subscription to a commercial wireless provider service such as
wireless internet and satellite TV

D.

GENERAL PROVISIONS: The following are applicable to all wireless communication


requests:
1.

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.

Improvements comprising a wireless communication facility including tower


structure, antennae and related electrical and mechanical equipment, shall, to
the extent possible, use materials, colors, textures, screening, and landscaping
blending them into the natural and surrounding setting, unless subject to any
applicable standards of the FAA.

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.
Page 190

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

c.

All wireless communication facilities shall be maintained in compliance with


applicable State or local building codes under which they were constructed and
any regulations of the FAA, the FCC, and any other Federal government with
the authority to regulate them or their components. If such Federal standards
and regulations are changed, then the owners of the wireless communication
facilities governed by this Section, which are applicable to these new Federal
standards shall bring such towers and antennas into compliance with such
revised standards and regulations within three (3) months of the effective date
of such standards and unless a different compliance schedule is mandated by
controlling law. Wireless communications facilities that are not in compliance
shall be removed at the owner's expense if not brought into compliance within
thirty (30) days after written demand by Yavapai County.

d.

Setback and separation distances shall be calculated and applied irrespective of


municipal and County jurisdictional boundaries.

e.

Wireless communications facilities shall be regulated and permitted pursuant to


this Section and shall not be regulated or permitted as essential services, public
utilities, or private utilities.

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.

PERMITTED USES: Wireless communications facilities located on property owned, leased, or


controlled by Yavapai County pursuant to agreement of or approved by Yavapai County shall
be a permitted use in all Zoning Districts with Zoning Clearance. Prior to entering into a lease
agreement with Yavapai County, the potential lessee shall conduct an informational meeting
for owners of property within one thousand feet (1,000) of the proposed facility and the
nearest known community/homeowners' association(s).

F.

PROVIDERS COMMUNICATION PLAN:


1.

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.

All of the providers existing wireless communication facilities, by size, type,


and their coverage areas.

Page 191

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

The various types of wireless communication facilities used by the provider to


furnish service and when they are used. This includes drawings providing the
sizes and shapes of the antennae and equipment as well as written materials
describing their application.

d.

The providers policy direction for the mitigation and/or reduction of existing
and proposed towers to avoid the proliferation of such facilities.

e.

The providers policy direction on the mitigation and/or reduction of the


negative visual impact created by existing towers, including any proposals to
conceal or disguise such facilities designed to be architecturally and/or
environmentally compatible with their surroundings.

f.

The providers policy direction on collocation of antennae on their own


facilities, on facilities from other providers, or on other structures which provide
the verticality required for the antennae.

g.

Designation of an agent of the provider who is authorized to receive


communications and notices pursuant to this Section.

2.

Information contained in each providers communication plan shall be treated as


confidential and not disclosed to other providers unless noted by the provider in the
plan.

3.

Information noted as non-confidential information, may be shared with other interested


parties seeking to locate wireless communication facilities in Yavapai County, in an
effort to promote collocation and co-development of facilities.

APPLICATION REVIEW:
1.

General: The following provisions shall govern the issuance of permits for towers or
antennas:
a.

If the wireless communication facility is not a permitted use, then an


administrative approval or a Use Permit shall be required for the construction.

b.

Applications for administrative approvals and Use Permits for a wireless


communication facility shall be subject to the procedures and requirements for
use permits generally, except as modified in this Section.

c.

Fees for applications under this section are listed in the Yavapai County Zoning
Ordinance Fee Schedule.

d.

All Use Permit or administrative review approvals for new wireless


communication facilities shall be granted for a maximum period of ten (10)
years with Staff review after five (5) years. The applicant/structure owner shall
be responsible for initiating an administrative renewal and possible extension of
the approved wireless facility and shall demonstrate that changes in technology,
that are economically feasible, have not eliminated the need for the facility as
approved. Applications for collocation on existing structures shall be set for a
period of time so that the expiration date for the collocation expires
simultaneously with the structure. If an extension is denied by the Development
Page 192

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

In granting approval of an application, Yavapai County may impose conditions


to the extent that such conditions carry out the purposes of this Section.

f.

Any information of an engineering nature that the applicant submits shall be


certified by an Arizona licensed professional engineer.

g.

No new wireless communication facilities within one thousand feet (1,000) of


any residences, including single and multiple family residences and residential
facilities, such as group homes and nursing homes, with the exception of
attached antenna and concealed antenna sites that do not exceed ten feet (10)
above the maximum building height of the applicable Density District which
will be reviewed on a case-by-case basis. For those wireless communication
facility sites exceeding ten feet (10) above the maximum building height for
their Density District, there shall be a ten (10) foot setback for every one (1)
foot in tower height from existing residences with a minimum setback of one
thousand feet (1,000) required.

h.

No new wireless communication facilities shall be installed atop of Glassford


Hill, Thumb Butte, Badger ("P") Mountain or other promontories associated
with Badger Mountain, 1 Granite Mountain and Little Granite Mountain or
other promontories associated with these mountains.

i.

No new wireless communication facilities shall be installed in the Granite Dells


area.

j.

No new wireless communication facilities shall be installed within unique or


scenic areas/sites identified within community plan areas: for example, the Red
Rock/Dry Creek Community Plan Conservation-Preservation District or the Big
Park Community Plan Forest District.

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.

The Development Services Director is authorized to employ on behalf of the


County, an independent technical expert to review any technical materials
submitted including, but not limited to, those required under this section and in
those cases where a technical demonstration of unavoidable need or
unavailability of alternatives is required. The applicant shall pay all the costs of
said review.

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.
Page 193

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Applicant shall make a concerted effort to incorporate the community


suggestions for impact mitigation generated by the meetings and describe the
efforts in the application. Applicant shall be prepared to discuss information
including but not limited to, technical aspects, visual aspects, including
alternative sites and designs. Applicant shall provide detailed meeting minutes,
copy of all materials delivered or received, and documentation of who attended
the meetings from the community organization.
2.

Performance Criteria:
a.

The order of preferences for wireless communication facilities is, from most
preferred to least preferred:
(1)

Collocation on an existing facility or electrical utility pole.

(2)

Attached antennas on an existing verticality.

(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)

New towers/facilities under ninety-nine feet (99).

(7)

New towers/facilities one hundred feet (100) to one hundred ninetynine feet (199).

(8)

New towers/facilities two hundred feet (200) and over.

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)

Sites located on public lands;

(2)

Existing structures will be preferred over new structures;

(3)

New structures which appear to be structures commonly found within


that Zoning District are preferred over apparent wireless structures;

(4)

Wireless communication facilities which cannot be readily observed


from adjacent streets;

(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)

Collocation of all licensed carriers for Yavapai County on a single


wireless communication facility in remote locations will have significant
favorable weight in evaluating the application;

(7)

Network development plans which achieve the fewest number of


Page 194

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

wireless communication facilities of all providers reasonably necessary


for commercial coverage;

3.

(8)

Location in the least restrictive Zoning District starting with Industrial;


and,

(9)

Suitability of the location for collocation of governmental public service


wireless communication facilities.

Review Procedures:
a.

Administrative Review: Applications for collocation of antennae on and


equipment at an existing, permitted wireless communications facility, shall be
subject to review by Development Services Department Staff and approval by
the Development Services Director. Applications to place antennae on top of,
or attached to, an existing or replaced utility/power pole which does not extend
the height of the existing pole by more than ten feet (10) shall also be evaluated
by the Administrative Review process. A decision shall be rendered to approve
or deny within fourteen (14) days of submittal of a complete application. If an
Administrative Review application is denied by the Development Services
Department, the applicant may then apply for a Use Permit, and appeal the
decision before the Planning and Zoning Commission and Board of Supervisors,
if desired.
Application Requirements: The following shall be submitted with each
Administrative Review application:

b.

(1)

Completed hearing application submittal form, letter of authorization,


and permission to enter property letter as contained in the application
procedures information packet;

(2)

An updated Providers Communication Plan, including any proposed


changes in the service areas, antennae, towers, and policy direction;

(3)

The zoning classification of the site;

(4)

Plans showing: elevation drawings of the exterior of each element of the


proposed wireless communication facility, method of fencing,
coloration, and landscaping;

(5)

Certification that the wireless communication facility, as represented in


the application, will comply with all FAA, FCC and other applicable
regulations;

(6)

Copies of all wireless telecommunication licenses for all providers who


will use the facility at the time of filing the application;

(7)

Copy of signed, redacted, lease agreement with landowner.

Administrative Review with Comment Period: Applications for new wireless


communication facilities that do not exceed ten feet (10) above the maximum
height allowed in that Density District, or sites on public lands located at least
five thousand feet (5,000) from the nearest privately owned land, would be
subject to administrative review with a twenty-one (21) day public comment
period. Surrounding property owners and community organizations shall
receive notice of the application. If an Administrative Review with Comment
Page 195

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Period application is denied by the Development Services Department, the


applicant may then apply for a Use Permit, and appeal the decision before the
Planning and Zoning Commission and Board of Supervisors, if desired.
Application Requirements: The following is to be submitted with each
Administrative Review with Comment Period application:

c.

(1)

All material associated with the submittal of an Administrative Review


application as stated above in addition to:

(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)

A map showing the adjacent roadways, and proposed means of legal


access;

(4)

RF propagation maps showing the coverage areas of the proposed site


and how it interacts with the coverage areas of connecting sites;

(5)

The setback distance between the proposed wireless communication


facility the nearest residential unit and/or the nearest residential zoned
privately owned properties;

(6)

Certification of whether the applicant is applying for collocation


treatment, and how many carriers could be accommodated on the facility
with adequate signal coverage;

(7)

Certification that no Yavapai County or municipal owned site, or


existing wireless facility reasonably meets the needs of the applicant,
listing all such sites within five (5) miles of the proposed site and the
reason each is not physically adequate for reasonable commercial
coverage, or not economically feasible for location;

(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)

Attendees list, minutes, and information obtained from required


community meeting.

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)

All material associated with the submittal of an Administrative Review


with Comment Period application as stated above in addition to;

(2)

A completed Use Permit application packet;


Page 196

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

(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)

RF frequency propagation maps showing the coverage areas of the


proposed site and how it interacts with the coverage areas of connecting
sites. If the applicant is seeking collocation of multiple carriers, the RF
propagation coverage maps should also include on a separate map, the
coverage areas obtained from the lowest collocation point on the tower;

(5)

Certification that policing, fire departments, public safety, water and


local governments having jurisdiction within five (5) miles of the site
have been notified of the application;

(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)

A written narrative/explanation of why it is necessary that the proposed


wireless communications facility be located in the proposed location,
and why it will exceed the maximum height allowance for the Zoning
District in which it is proposed. If the explanation is based on coverage
maps, structural calculations, lease amounts, or any other information
pertinent to the need for the structure or additional height, this
information shall be included as appendices to the narrative.

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.

COLLOCATION: The policy of this Section is to encourage collocation.


1.

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.

Page 197

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

A lease or other agreement containing the business terms proposed by the


applicant for collocation shall be attached as an exhibit to the collocation
agreement.
Page 198

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

MODIFICATION: No existing wireless telecommunications facility may be changed or


modified except as follows:
1.

The change or modification is required by a change in user or technology; or

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.

An explanation is submitted to the Development Services Director stating why the


Page 199

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

modification is necessary, and an updated Providers Communication Plan, including


any proposed changes in the service areas, antennae, towers, and policy direction is
provided.
SECTION 606 SEX ORIENTED BUSINESS
A.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

ESTABLISHMENT AND LOCATION OF SEX ORIENTED BUSINESSES:


The establishment of a sex oriented business shall be permitted only in C3 (Commercial Minor Industrial), PM (Performance Industrial), M1 (Industrial -General Limited), and M2
(Industrial - Heavy) Zoning Districts and shall be subject to the following spacing restriction:
1.

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

D.

E.

F.

MEASUREMENT OF DISTANCE: For the purpose of measuring separation distances in this


Section:
1.

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.

REGULATIONS GOVERNING EXISTING SEX ORIENTED BUSINESSES:


1.

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.

REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS,


VIDEOS OR ADULT LIVE ENTERTAINMENT IN VIEWING ROOMS:
A person who operates or causes to be operated a sex oriented business, other than an adult
motel/hotel which exhibits on the premises in a viewing room of less than one hundred fifty
(150) square feet of floor space, a film, video cassette or other video reproduction, or adult live
entertainment which depicts specified sexual activities or specified anatomical areas as defined
in this Section, shall comply with the following requirements:
1.

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.

The premises shall be equipped with overhead lighting fixtures of sufficient


intensity to illuminate every place to which patrons are permitted access and an
illumination of not less than five (5) foot candles as measured at the floor level.

Page 203

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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.

The application shall be sworn to be true and correct by the applicant.

REGULATIONS PERTAINING TO ADULT BOOKSTORES, ADULT VIDEO STORES,


ADULT MOTION PICTURE THEATERS, ADULT THEATERS AND NUDE MODEL
STUDIOS WITHOUT VIEWING ROOM(S) THAT HAVE BEEN DEFINED AS SEX
ORIENTED BUSINESSES:
A zoning clearance shall be required to insure that the aforementioned sex oriented businesses
as defined in this Section, are in compliance with the Use District, location and separation
distance(s) requirements.

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.

No depiction of specified sexual activities or specified anatomical areas shall be visible


from the exterior of the premises.

I.

HOURS OF OPERATION: It shall be unlawful to operate, permit or cause to be operated a sex


oriented business, as defined in this Section, excluding an adult motel, between the hours of
1:00 a.m. and 8:00 a.m. on Monday through Saturday, or between the hours of 1:00 a.m. and
12:00 noon on Sunday.

J.

EFFECTIVE DATE: This Section shall be in force and effective from and after thirty (30) days
following Board of Supervisor adoption.

Page 204

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

CHAPTER 7 ORDINANCE AMENDMENTS


SECTION 701 ORDINANCE AMENDMENTS
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

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

DEFINITIONS A. - Building (factory built) defined; Travel Trailer


defined; Mobile Home definition amended.

SECTION

105

NONCONFORMING USES AND STRUCTURES A. Abandonment The time limit was changed from 12 months to 6 months.

SECTION

107

ZONING MAP A. District Boundary Determination -Amended.

SECTION

108

GENERAL DISTRICT PROVISIONS F. Accessory Uses & Structures 3.


Accessory Uses or Structures. J. Use Permits - Delete the last sentence of
this paragraph.

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

DENSITY DISTRICTS (Chart)


ADD - D5 (5000 sq. ft. lots).
DELETE - D7 (7000 sq. ft. lots).
AMEND - Minimum side setback from 5' to 7'.
AMEND - Minimum rear setback from 10' to 25'.

SECTION

112

ADJUSTMENT BOARD (BOARD OF ADJUSTMENT) ADD - F.


Appeal of Rulings.

SECTION

114

FEES AND CHARGES A. Application Fees 2. Zoning Amendments a.


Initial zoning or rezoning (Amend fee charges).

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

NOVEMBER 19, 1979


DECEMBER 1, 1979

RESOLUTION #419 Fee schedule for Construction Permits amended and removed from the
Ordinance.

Page 205

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

JANUARY 21, 1980


JANUARY 21, 1980
H.A. 3005

The Planned Unit Development (PUD) District added to the Ordinance.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

OCTOBER 20, 1980


OCTOBER 20, 1980
H.A. 3284

Planned Unit Development (PUD) Amendment - "20' setback around periphery...."


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

MARCH 16, 1981


MARCH 16, 1981
H.A. 3369

The Residential Camping District (RCD) added to the Ordinance.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

APRIL 20, 1981


APRIL 20, 1981
H.A. 3395

The Open Space, Recreational Conservation District (OS) added to the Ordinance.
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTION

109

Amend A.2. by adding i. to allow a Temporary Dwelling during the


construction of the primary dwelling.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

108

108

AUGUST 17, 1981


AUGUST 17, 1981
H.A. 3432

Amend by adding P. Mobile Home Parks, requirements for Mobile Home


Parks, specifying building permits for all structures erected or placed
therein.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

AUGUST 17, 1981


AUGUST 17, 1981
H.A. 3431

AUGUST 17, 1981


AUGUST 17, 1981
H.A. 3433

Amend N. Off Street Parking, change the title of the section to "Parking
Requirements" and amend the whole section.

Page 206

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

111

DECEMBER 21, 1981


DECEMBER 21, 1981
H.A. 3586

Amend B. Permits, minimum value requiring permits changed from over


$100.00 to over $500.00.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

DECEMBER 21, 1981


DECEMBER 21, 1981
H.A. 3587

SECTION

115

Amend C. pertaining to Violations and penalties, to read "Class 2


misdemeanor".

SECTION

115

Delete F. "Conviction for a misdemeanor shall be punishable by a fine of


not more than three hundred dollars ($300.00) or by imprisonment in the
County jail for a term not exceeding three (3) months or by both such fine
and imprisonment for each conviction."

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

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."

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

OCTOBER 12, 1982


OCTOBER 12, 1982
H.A. 3768

Add the Planned Area Development (PAD) to the Zoning Ordinance.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTION

109

Amend D. RCU District, in its entirety. Included in this amendment was


the change from RCU-18 to RCU-2A for all RCU parcels in the County.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

110

DECEMBER 20, 1982


DECEMBER 20, 1982
H.A. 3855

Amend Density District in its entirety.

Page 207

DECEMBER 20, 1982


DECEMBER 20, 1982
H.A. 3856

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

108

Amend J. Use Permits, by deleting paragraph J. and replacing it with a new


paragraph.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

114

114

111

108

111

118

MAY 7, 1984
MAY 7, 1984
H.A. 4277A

Amend D. Inspection, to include "permission to enter property".

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

DECEMBER 12, 1983


DECEMBER 12, 1983
H.A. 4114

Amend J. Use Permits, to include the requirement that the permittee is to


notify the P and Z Department of any change of address within 30 days of
change.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

DECEMBER 19, 1983


DECEMBER 19, 1983
H.A. 4113

Amend B. Permits, 2. Information required for obtaining Construction


Permits.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

APRIL 18, 1983


MAY 2, 1983
H.A. 3925

Amend that portion of Fees and Charges pertaining to Construction Permit


Fees.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

APRIL 18, 1983


MAY 2, 1983
H.A. 3924

Amend that portion of Fees and Charges pertaining to Hearing Application


Fees.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

DECEMBER 20, 1982


DECEMBER 20, 1982
H.A. 3857

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

111

DECEMBER 10, 1984


JANUARY 10, 1985
H.A. 4418

Amend to add F. Certificate of Compliance.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

JANUARY 2, 1985
JANUARY 2, 1985

RESOLUTION #632 Fee Schedule for Sign Permits.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

JANUARY 21, 1985


JANUARY 21, 1985

RESOLUTION #634 Fee schedule for Certificate of Compliance.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

APRIL 22, 1985


MAY 22, 1985
H.A. 4461

SECTION

103

Amend "Yard, Junk" definition to include reference to Section 108H and


delete specific outside storage limits within the definition.

SECTION

108

Amend E. Height Limits, 2. Fence and Free Standing Walls, to increase


allowable heights for specific types of fences on both residential and
commercial property.
Amend H. Outside Storage, to add new paragraph setting outside storage
limits.

SECTION

109

Amend H. C2 District, 2. Permitted Uses & Structures, by adding new


paragraphs n., o., p. and q.

SECTION

111

Amend B. Permits, to increase Construction Permit threshold limits to


$1,000 for normal construction and $2,000 for remodeling. Also added a
list of exemptions from building permit requirements under B.1.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

119

Add new section creating Overlay Zones and B. Design Review Overlay
Zones (DRO).

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

120

JUNE 17, 1985


JULY 17, 1985
H.A. 4539

DECEMBER 16, 1985


MAY 22, 1985
H.A. 4679

Add the Outdoor Light Control Ordinance as Section 120 of the Zoning
Page 209

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

NOVEMBER 24, 1986


JANUARY 1, 1987
H.A. 4713

Add C. (new subsection creating Urbanizing and Rural Overlay Zones to


delineate the area of responsibility for the Building Safety Code of Yavapai
County).

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

JUNE 22, 1987


JULY 1, 1987

RESOLUTION #728 Establish both new hearing and zoning clearance fee structure by
resolution.
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

MAY 16, 1988


JUNE 16, 1988
H.A. 5205

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

MARCH 28, 1988


APRIL 28, 1988

RESOLUTION #759 Hearing Officer Rules and Procedures.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTION

109

Revise building height language in C1, C2, C3, & M1 districts.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

109

JUNE 6, 1988
JULY 6, 1988
H.A. 5369

OCTOBER 24, 1988


NOVEMBER 24, 1988
H.A. 5432

Eliminate M. PUD (except 8., 9. & Table 2, which are incorporated into
new M. PAD).

Page 210

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

109

OCTOBER 24, 1988


NOVEMBER 24, 1988
H.A. 5438

Remove reference to cluster dwellings in B. R1 districts. Reorder RCU


District to C. to come after R1 and before R2.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

OCTOBER 24, 1988


NOVEMBER 24, 1988
H.A. 5450

SECTIONS 108,118 Add to 108E., 118B. freestanding sign setbacks.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

OCTOBER 22, 1990


OCTOBER 22, 1990

RESOLUTION #800 Street Naming & House Numbering System


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTION

121

OCTOBER 22, 1990


OCTOBER 22, 1990
H.A. 5600

Add the Street Naming and House Numbering System to the Ordinance as
a new section.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SEPTEMBER 23, 1991


OCTOBER 23, 1991
H.A. 5774

SECTION

103

Add Bed and Breakfast definitions

SECTION

109

Add Bed and Breakfast to allowable uses in R1L, R1, RCU. Add Country
Inn and Hotel/Motel to C1 allowable uses.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

APRIL 27, 1992


APRIL 27, 1992
H.A. 5857

SECTION

103

Add Self-Service Storage Facilities definitions.

SECTION

108

Add parking requirements for Self-Service Storage Facilities.


Add Self-Service Storage Facility requirements as a new subsection R.

SECTION

109

Add Self-Service Storage Facilities to allowable uses starting with RCU.

SECTION

118

Add signage for Self-Service Storage Facilities under D. Special Purpose


Signs.
Page 211

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

OCTOBER 26, 1992


NOVEMBER 25, 1992
H.A. 5910

SECTION

103

Add Secondary Medical Dwelling and Guest Home definitions.

SECTION

108

Add allowance of use of RV as temporary over-flow housing.

SECTION

109

Add Guest Home and Secondary Medical Dwelling regulations to the


applicable zoning districts.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

JANUARY 25, 1993


FEBRUARY 24, 1993
H.A. 5960

SECTION

103

Revise the definition of LOT.

SECTION

108

Revise subsection L. Land Division to reflect the change in the lot


definition.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

108

Repeal subsection I. Swimming Pool Safety and replace.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

121

FEBRUARY 22, 1993


MARCH 24, 1993
H.A. 5959

MARCH 8, 1993
APRIL 7, 1993
H.A. 5975

Appendix F. - Revise Chino Grid, add instructions for roads traversing


grids, and revise special instructions for looping roads.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

AUGUST 9, 1993
SEPTEMBER 8, 1993
H.A. 6016

SECTION

103

Add Zoning Area to definitions.

SECTION

114

Remove consent petition requirements, modify Board


percentages, and change posting/notification requirements.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

Modifications to amendments specified in HA 5857 in April of 1992.


Page 212

voting

DECEMBER 17, 1993


JANUARY 17, 1994
H.A. 6046

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

DECEMBER 17, 1993


JANUARY 17, 1994
H.A. 6045

Modifications to amendments specified in HA 5910 in October of 1992.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

108

DECEMBER 17, 1993


JANUARY 17, 1994
H.A. 6047

I. - Swimming pool enclosure

Modifications to amendments specified in HA 5959 in February of 1993.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

JUNE 13, 1994


JULY 13, 1994
H.A. 6140

Above ground storage tanks


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

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

Golf Course, Amend Sections 109-O. Open Space


conservation zone and 109-A. Single Family Limited.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

103

108

Resource

FEBRUARY 6, 1995
MARCH 8, 1995
H.A. 6227

Definition of Family

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

NOVEMBER 7, 1994
DECEMBER 7, 1994
H.A. 6200

APRIL 3, 1995
MAY 3, 1995
H.A. 6252

L. Land Division 2. Definition of a Subdivision (more than five (5) lots).

Page 213

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS

103,108,109

HUD Standards for placement of mobile home. Sec. 103


Definitions; Sec. 108 Gen. Dist. Provisions S. Standards; Sec. 109
A.2.a., and Sec. 109 B.2.a.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

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.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

FEBRUARY 5, 1996
MARCH 7, 1996
H.A. 6398

Elimination of Certificate of Compliance as Mandatory.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

110

Building Separation

ADOPTED BY BOARD OF SUPERVISORS

SECTION

113

109

JULY 7, 1997
AUGUST 5, 1997
H.A. 6603

B. Use District R1, 2. Permitted Uses and Structures - Prohibit Pre-1976


Mobile Homes countywide that do not meet HUD standards.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS

JANUARY 6, 1997
FEBRUARY 5, 1997
H.A. 6552

Add F. to allow Planning and Building Director to make Minor Variances.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Provisions H.1.; Add to Sec. 109 Use Districts A. R1L Permitted


Uses and Structures i, Occupancy of Temporary Housing, etc.
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTION

111

Expiration and Extension of Zoning Clearances.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

108

OCTOBER 14, 1997


NOVEMBER 14, 1997
H.A. 6619

OCTOBER 14, 1997


NOVEMBER 14, 1997
H.A. 6635

General Provisions Swimming Pool Safety

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

OCTOBER 14, 1997


NOVEMBER 14, 1997
H.A. 6636

Exemption for 4H-Projects and animal husbandry and similar projects in any Use District.
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTION

109

Section 109e.2.h. - Remove Transmitter Stations and Tower as a


permitted right in RS (Residential and Services). Requires a Use Permit
in all Zones.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

108

108

JANUARY 20, 1998


FEBRUARY 19, 1998
H.A. 6677

General District Provisions, B. Protective screening; R. Standards for


self-service storage facilities.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

OCTOBER 14, 1997


NOVEMBER 14, 1997
H.A. 6657

MAY 4, 1998
JUNE 3, 1998
H.A. 6715

J.3. Use Permits - Special provisions extending initial timeframe to one


(1) year to commence construction; Administrative Extension of one (1)
year on first request so applicant can meet conditions of Use Permit and
obtain building permits and zoning clearances.

Page 215

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

JUNE 15, 1998


JULY 15, 1998
H.A. 6744

Extension of the Urban Overlay Zone in the Verde Valley.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTION

122

Add Section 122 Wireless Communications Facilities, Appendix G;


Amend Section 104 A.3. to read: Publicly owned and operated facilities
used for essential government purposes.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

109

123

AUGUST 17, 1998


SEPTEMBER 16, 1998
H.A. 6772

A.2.1. - Add Home Occupations to be allowed in all Districts.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

AUGUST 3, 1998
SEPTEMBER 2, 1998
H.A. 6764

MAY 3, 1999
JUNE 3, 1999
H.A. 6864

Add Section 123, Sex Oriented Business Ordinance Amendment,


Appendix H.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

MAY 3, 1999
JUNE 3, 1999
H.A. 6870

SECTION

111

F.3.g. - Amend language regarding Zoning Clearances to include


drainage

SECTION

108

U. - Add language regarding the inclusion of Drainage Criteria

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE
SECTION

113

E.3. - Revised language reads as follows: The concurring vote of three


(3) members shall be necessary to render a ruling eliminating full board
be present at applicants request. (Board of Adjustment)

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

108

SEPTEMBER 7, 1999
OCTOBER 7, 1999

FEBRUARY 7, 2000
MARCH 7, 2000
H.A. 6982

V. - Establishes standards for Golf Course developments


Page 216

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

SECTION

109

N. - Establishes golf course standards for Planned Area Development.


Add N.1.a, N.4.e., N.6.j.

SECTION

109

P. - Amend 109.P.2.h. to change golf course development as it relates to


Use Districts and the Open Space Resource Conservation Zone.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE
SECTION

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.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

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

V.2.d. - Adds a County format and assumptions regarding the required


water balance study with regard to Golf Course Development Standards.

SECTION

108

V.3. - Further defines acceptable resources for environmental practices


regarding Golf Course Development Standards.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

Section 103

JUNE 19, 2000


JULY 19, 2000
H.A. 7055

This is an amendment to the Planning & Zoning Ordinance to specify


that the rental, lease or sale of dwelling units in less than thirty (30) day
increments is prohibited in residential zones.

Section 109H.C1 -2n. Changes language to read: Motel/Hotel/Resorts


Section 109H.C1 2p. Adds a new item to read: Lodging and Timeshares
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTION

124

SEPTEMBER 18, 2000


OCTOBER 18, 2000
H.A. 7070

Add Section 124, Citizen Participation Appendix I, to the County


Page 217

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Zoning Ordinance in conformance with the Growing Smarter Plus


legislation.
SECTION

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

B. - Amend language as follows: An application for a change in the


regulations which requires a public hearing shall include a citizen
participation plan as set out in Appendix I of this Zoning Ordinance.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

105

MARCH 5, 2001
APRIL 5, 2001
H.A. 7177

(A), (D) - Amend language to the County Zoning Ordinance referencing


non-conforming uses and structures addressing definition, wear and tear,
restoration, change of use and expansion.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

MAY 21, 2001


JUNE 21, 2001
H.A. 7207

SECTION

103

Amend language on the definition of Dwelling Unit to delete weekly &


daily rentals.

SECTION

105

A. - Amend language to specify the time period for non-conforming


uses.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

120

Revised entire outdoor lighting ordinance, now entitled Light Pollution


Control Ordinance.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

108

APRIL 1, 2002
MAY 1, 2002
H 1004

MAY 20, 2002


JUNE 20, 2002
H 2026

Add W COMMERCIAL/INDUSTRIAL/MULTIPLE FAMILY


BUILDINGS IN RURAL OVERLAY ZONE - Application of Building
Codes in Rural Overlay Zones for all commercial projects (includes all
retail/wholesale commercial buildings, performance industrial, industrial
buildings and multi-family residential structures greater than a duplex).

Page 218

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE (with emergency clause)

SECTION

111

F.4.b., 5. - Amendment to align the Ordinance with the newly adopted


Building Codes pertaining to time limits on zoning clearances. Changes
involve a reduction from the current 240 days (8 months) expiration time
frames to the new code requirements of 180 days (6 months) along with
time changes to when an application expires.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

111

JUNE 17, 2002


JULY 1, 2002
H 2064

JULY 1, 2002
AUGUST 1, 2002
H 2052

F.3. - Add Affidavit of Disclosure 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.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

JULY 1, 2002
AUGUST 1, 2002
H 2068

Revised Fee Schedule (Appendix B) Revisions to Development Services Fee Schedules


pertaining to Land Use, Planning And Environmental Services
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

DECEMBER 16, 2002


JANUARY 16, 2003
H 2070

SECTION

103

Add STEEL STORAGE CONTAINER DEFINITION

SECTION

108

H. - Amend 1.m boxcars, refurbished sea transport/ocean-going or


freight containers

SECTION

108

H. - Add 1.n 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 area), in all Use Districts with specific performance criteria.

SECTION

109

A.2.h.(10) - Add Steel storage containers to meet the minimum


requirements as provided under Section 108 (General Provisions).

Page 219

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

DECEMBER 16, 2002


JANUARY 16, 2003
H 2143

Comprehensive update/ reformatting of entire ordinance


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTION

209

A. - Include term General Plan Major Amendment in second sentence


as follows: This process shall be started prior to submitting a rezoning,
General Plan Major Amendment or Use Permit application.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS

301, 564

301, 411

579

564

AUGUST 18, 2003


SEPTEMBER 18, 2003
H 3047

C.3. Clarification of exemption to pool fencing requirements as


follows: Pools which are regulated by the Arizona Department of
Environmental Quality.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

JUNE 2, 2003
JULY 2, 2003
H 3017

Delete the definition of a Pre-Fabricated Building, amend the


definition of a Guest Home, amend the definition of a Factory
Built Building and add Factory Built dwellings to the permitted
uses in the RMM District.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

JUNE 2, 2003
JULY 2, 2003
H 3020

Add a definition for Vehicle (Junk) and amend provisions for


outside storage of junk, disabled or inoperable vehicles and limit
the number of such vehicles to two (2) per parcel.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS

APRIL 7, 2003
MAY 7, 2003
H 3019

AUGUST 18, 2003


SEPTEMBER 18, 2003
H 3059

A.4. & A.13. Clarification of outside storage regulations as relates to


the storage of commercial items on residentially zoned property.

Page 220

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

AUGUST 18, 2003


SEPTEMBER 18, 2003
H 3066

SECTION

301

Delete the definition of school. Amend the definition of educational


institution.

SECTION

410

Amend C. to read Educational institutions (publicly funded) as defined


in Section 301 (Definitions) (in site-built buildings).
Add G.10. Educational institutions as defined in Section 301 but
privately funded allowed as an accessory use to a religious institution.

SECTION

411

Add F. Educational institutions (publicly funded) as defined in Section


301 (Definitions) (in any permitted buildings).

SECTION

415

Add H. Educational institutions (privately funded) as defined in Section


301 (Definitions) (provided they offer a curriculum of general instruction
comparable to similar publicly funded educational institutions).

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

420

Amend C. to read Retail Sales, restricted to on-site sales only.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

601

JANUARY 4, 2004
FEBRUARY 4, 2004
H 3144

Amend B.5 to read 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.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

JANUARY 4, 2004
FEBRUARY 4, 2004
H 3091

301, 540

SEPTEMBER 20, 2004


OCTOBER 20, 2004
H 3090

Amend the definition of building height and amend Sec. 540 A.


and C. for establishment of a height restriction placed on nonhabitable structures extending above the maximum allowable
building height.

Page 221

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

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.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

NOVEMBER 1, 2004
DECEMBER 1, 2004

Establish updated and all encompassing fee schedule by resolution.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTION

501

A. Modify ACCESSORY USES by deleting therewith and adding


and common to the district in which it is located after the word
compatible.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

570

573

APRIL 18, 2005


MAY 18, 2005
H4170

C.2 Modify second sentence as follows: Extensions, in two (2) year


increments, beyond the initial period shall require an Administrative Use
Permit with comment period.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

APRIL 4, 2005
MAY 4, 2005
H 5034

APRIL 18, 2005


MAY 18, 2005
H4171

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.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

603

C.5.c. Modify first sentence to read however, no modification or


replacement shall be made to a non-conforming fixture unless the fixture
thereafter conforms to the provisions of this Ordinance, except that
identical lamp replacement is allowed (no mercury vapor lamp/fixture
can be replaced or be found legal non-conforming).

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS AS LISTED:

505

JULY 18, 2005


AUGUST 18, 2005
H5070

Chapter 3, Section 301 (Definitions) - Add definitions for Fence and


Wall and modify definition of Dwelling Unit as follows and
containing one (1) interior accommodation Chapter 5, Section 540
(Height Limits) B. (Fences and Free Standing Walls) 2.a. - Modify as
follows rear yards, except may not exceed four feet (4) when within
ten feet (10) of any vehicular entrance from a private or public right-ofway.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

JUNE 20, 2005


JULY 20, 2005
H 5029

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.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS AS LISTED:

MAY 16, 2005


JULY 1, 2005
H 5076

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.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS AS LISTED:

MAY 2, 2005
JUNE 2, 2005
H5028

JULY 18, 2005


AUGUST 18, 2005
H 5071

Chapter 5 (General Provisions) Add Section 505 Agricultural


Exemptions.
Page 223

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

604

Amend Section 604 (Street Naming and Addressing) to include issues


regarding temporary addresses, enforcement of installation of street
signage, proper names used for street names, clarification of street name
suffix abbreviations, guidelines for private street signage and modify
criteria for changing a street name.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS AS LISTED:

207

205

202

NOVEMBER 7, 2005
DECEMBER 7, 2005
H 5155

Amend Section 205 (Enforcement) I. (Certificate of Compliance) to


allow changes to the Certificate of Compliance procedure.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

NOVEMBER 7, 2005
DECEMBER 7, 2005
H 5154

Amend Section 207 (Board of Adjustment) by omitting Subsection F.4.b.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

SEPTEMBER 6, 2005
OCTOBER 6, 2005
H 5096

Amendment to no longer allow installation of pre HUD (pre 1976)


mobile homes as defined in Section 300. Affected Sections: Section 301
(Definitions), Section 411 (Residential; Multi-Sectional Manufactured
Homes), Section 412 (Single Family Residential), Section 420
(Commercial; Neighborhood Sales and Services), Section 421
(Commercial; General Sales and Services), Section 422 (Commercial
and Minor Industrial), Section 430 (Performance Industrial), Section 431
(Industrial; General Limited), Section 432 (Industrial; Heavy), Section
440 (Planned Area Development), Section 552 (Mobile Homes/MFG
Housing/Multi-Sectional), Section 555 (Mobile Home Parks), Section
564 (Outside Storage), Section 601 (Sign Code), Section 602 (Parking
and Off-Street Loading) & Section 604 (Addressing and Street Naming).

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

JULY 18, 2005


AUGUST 18, 2005
H 5088

FEBRUARY 6, 2006
MARCH 8, 2006
H5220

Amend Section 202 E. (Expansion) to include Extension or Enlargement,


require a Use Permit for such expansion, extension or enlargement and
add language as relates to measurement of said expansion.
Page 224

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

301 Definitions amend Family to increase the number of unrelated people


allowed within a single family dwelling by separating b. into b. and c.
and adding the verbiage for not more than ten (10) persons after the
word facility.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS AS LISTED

JUNE 5, 2006
JULY 5, 2006
H5193

440 Amend Section 440 (Planned Area Development).

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

MARCH 20, 2006


APRIL 19, 2006
H5257

603 Amend C. Lighting Requirements 3. Residential b. and c. to address


concerns regarding residential outdoor lighting and that all such lighting
shall be fully shielded.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

FEBRUARY 6, 2006
MARCH 8, 2006
H5222

Amendments to the definition of Guest Home and Secondary Medical


Dwelling to allow the medical dwelling in a guest home and eliminate
the 120 day time limit on the usage of a Guest Home under Section 301 Definitions, Section 410 R1L (Residential; Single Family Limited),
Section 411 RMM (Residential; Multi-Sectional Manufactured Homes),
Section 412 R1 (Residential; Single Family), Section 525 General
Provisions Dwelling Secondary Medical and Section 537 General
Provisions Guest Homes Detached.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

FEBRUARY 6, 2006
MARCH 8, 2006
H5221

301,410

JULY 17, 2006


AUGUST 16, 2006
H6057

Amend the definition of Trailer (Park Model) and Section 410


(R1L District) I. to allow park model homes to be utilized as
temporary dwellings during the construction of a site built home.

Page 225

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

JULY 17, 2006


AUGUST 16, 2006
H6085

606 Amend Section 606 (Sex Oriented Business) B. Definitions, C.


Establishment and Location, D. Measurement of Distance and G.
Regulations to conform to ARS 11-821 as in response to recent changes
in legislation in ARS 13-1422 as approved/signed into law by the
Governor with an emergency clause effective April 26, 2006.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

AUGUST 21, 2006


NOVEMBER 1, 2006

Establish updated and all encompassing fee schedule by resolution.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTION

422,585 Amend USE DISTRICTS Section 422 C3 (Commercial and Minor


Industrial) and GENERAL PROVISIONS Section 585 Vehicle and
Portable Machinery Repair to clarify and emphasize what are not
allowed uses involving repair operations.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

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.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

OCTOBER 2, 2006
NOVEMBER 1, 2006
H6098

OCTOBER 16, 2006


NOVEMBER 15, 2006
H6101

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.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

JANUARY 16, 2007


FEBRUARY 15, 2007

Revise fee schedule and establish updated refund policy by resolution.


Page 226

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

207

Revise Section 207 ADJUSTMENT BOARD, A., B., C. and E.3 to


reflect the change to one (1) Board consisting of three (3) members.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

546

SECTIONS AS LISTED:

537

SEPTEMBER 2, 2008
OCTOBER 2, 2008
H8063

GUEST HOMES DETACHED: Delete B. to allow for separate utility


hook-ups for detached guest homes.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

581

SEPTEMBER 2, 2008
OCTOBER 2, 2008
H8062

Revise Section 301 DEFINITIONS SECONDARY MEDICAL


DWELLING, Section 525 DWELLING SECONDARY MEDICAL
B.8., and Section 564 OUTSIDE STORAGE A.4. to reflect the inclusion
of use of recreational vehicles (excluding campers and tent trailers) for
Secondary Medical Dwellings.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

APRIL 21, 2008


MAY 21, 2008
H7179

301,420 Add a definition for PATIOS, OUTSIDE (COMMERCIAL) to Section


301 DEFINITIONS and amend Section 420 C1 DISTRICT by addition
of Q. delineating outside patio performance criteria.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

OCTOBER 1, 2007
OCTOBER 31, 2007
H7079

Revise Section 546 LAND DIVISION B. SUBDIVISION PLAT


APPROVAL to bring into conformance with the Yavapai County
Subdivision Regulations.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

MAY 21, 2007


AUGUST 1, 2007
H7019

SEPTEMBER 2, 2008
OCTOBER 2, 2008
H8064

Add Section 581 TRASH, GARBAGE, AND REFUSE CONTAINMENT.

Page 227

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

OCTOBER 20, 2008


NOVEMBER 19, 2008

Revise fee schedule by resolution to establish maximum fees.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTIONS AS LISTED:

DECEMBER 15, 2008


JANUARY 14, 2009
H7178

Add to Section 301 DEFINITIONS GROSS VEHICLE


WEIGHT (GVW), VEHICLE (COMMERCIAL) AND
VEHICLE (PRIVATELY OWNED), revise Section 564
OUTSIDE STORAGE A.1. to reflect standards for the
parking/outside storage of commercial vehicles on residential
property and revise Section 602 PARKING AND OFF-STREET
LOADING I. OFF-STREET PARKING REQUIREMENTS A.3.
by deletion of verbiage pertaining to commercial/non-commercial
vehicles (sentences #2 and #3).

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

MARCH 16, 2009


APRIL 15, 2009

Revise fee schedule by resolution to include abandoned vehicle inspection fee.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTION 206

MAY 4, 2009
JULY 1SEPTEMBER 30, 2009
H9028

Suspension of enforcement of Section 206 C.f. in order to allow


waiving the requirement to double zoning clearance fees for failure
to apply for a zoning clearance prior to commencement of
construction for a ninety (90) day period effective July 1, 2009
through September 30, 2009.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SEPTEMBER 8, 2009
OCTOBER 8, 2009
H9040

SECTION

209

CITIZEN PARTICIPATION: Amend D.1. to include Subject Property


Size Notice Boundary.

SECTION

504

ADMINISTRATIVE REVIEW WITH COMMENT PERIOD: Amend


Surrounding property owners notification to conform with Section 209
D.1.

Page 228

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SEPTEMBER 8, 2009
OCTOBER 8, 2009
H7117

SECTION

441

Add Section 441 OPEN


DEVELOPMENT OPTION.

SECTION

442

Add Section 442 CLUSTER AND OPEN SPACE OPTION.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SPACE

AND

SUSTAINABLE

NOVEMBER 2, 2009
DECEMBER 2, 2009
H9072

SECTION

413

Amend Section 413 (RCU DISTRICT) to add 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.

SECTION

571

Add Section 571 RVs AND TRAVEL TRAILERS TEMPORARY


CAMPING.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

603

NOVEMBER 16, 2009


DECEMBER 16, 2009
H9039

Revise Section 603 (LIGHT POLLUTION CONTROL) C. LIGHTING


REQUIREMENTS 3. Residential f. Exemptions to specify fixtures
exempt from shielding and lumen requirements.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

NOVEMBER 16, 2009


DECEMBER 16, 2009
H9089

SECTION

301,412 Amend Section 301 (DEFINITIONS) TRAILER (PARK MODEL) and


Section 412 (R1 DISTRICT) B. and C. to allow the use of Park Models
as dwelling units.

SECTION

565

Add Section 565 (PARK MODELS) PARK MODEL STANDARDS.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

208

APRIL 5, 2010
MAY 5, 2010
H9140

Amend Section 208 (AMENDMENTS) A. District Boundary Change


(Rezoning) to require the submittal of site plans with rezoning
applications.

Page 229

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

552

Amend Section 552 (MANUFACTURED HOUSING/MULTISECTIONAL


HOUSING)
B.
DESIGN/PERFORMANCE
STANDARDS for Multi-Sectional Manufactured Homes/Manufactured
Homes by the addition of 4. to require skirting and delineate acceptable
skirting materials.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS AS LISTED

208

205

FEBRUARY 22, 2011


MARCH 24, 2011
H10097

Amend Section 205 (ENFORCEMENT) B. (Zoning Inspection) 2.


(Inspection) to allow the Land Use Specialist, in the discharge of his
duties during assigned working hours, to 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.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS AS LISTED

OCTOBER 18, 2010


NOVEMBER 17, 2010
H10055

Amend Section 208 (AMENDMENTS) D. (Board of Supervisors


Action) and E.2.b. (Noticing for Hearings) 2. (Notice by Mail) b. to
allow the Board of Supervisors to approve a rezoning with a simple
majority vote as per recently adopted State Statute.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

JULY 19, 2010


AUGUST 18, 2010
H9138

Section 301 (DEFINITIONS) Add definitions for NET METERING,


POWER GENERATING UTILITY, WIND TURBINE (HEIGHT);
Section 410 (R1L DISTRICT) Add G.11 and Section 432 (M2
DISTRICT) add C. establishing standards for solar and wind energy
production.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

APRIL 19, 2010


MAY 19, 2010
H9135

MARCH 21, 2011


APRIL 20, 2011
H10096 & H10113

Section 410 (R1L DISTRICT) Add upon Conditional Use Permit


approval to B., delete religious or from G.5, delete G.10, delete in
compliance with design guidelines in Section 579 (Swimming Pool
Safety) from G.2; Section 411 (RMM DISTRICT) add F. Religious
Page 230

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Institutions (in any permitted buildings) upon Conditional Use Permit


approval; Section 420 (C1 DISTRICT) add R. Religious Institutions;
and delete Section 579 (SWIMMING POOL SAFETY) in its entirety.
ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTIONS AS LISTED

JULY 18, 2011


AUGUST 17, 2011
H11027

Section 301 DEFINITIONS add swine to FARM ANIMAL definition;


Section 410 (R1L DISTRICT) G. 1. Delete except swine and add
except swine shall not exceed five (5) total per parcel; Section 412 (R1
DISTRICT) C.2. Delete except swine and add except swine shall not
exceed five (5) total per parcel; Section 501 (ACCESSORY USES
AND STRUCTURES) E. (ALLOWED ANIMAL CHART) Add
Swine* to Category A and add *Swine not to exceed five (5) total per
parcel to last paragraph.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

FEBRUARY 21, 2102


MARCH 22, 2012

Revise fee schedule by resolution to add Zoning Verification Letter fee.


ADOPTED BY BOARD OF SUPERVISORS
EFFECTIVE

SECTIONS AS LISTED

Section 410 (R1L DISTRICT) C. and Section 411 (RMM DISTRICT) E.


amend in regards to charter schools; add Section 529 (FLOODPLAIN
MANAGEMENT REGULATIONS); add Section 568 (PUBLIC
WORKS REGULATIONS); Section 582 (USE PERMITS) C.
(SPECIAL PROVISIONS) 8. amend in regards to non-transferable Use
Permits; and Section 205 (ENFORCEMENT) F. (ZONING
CLEARANCE) 1. amend in regards to Zoning Clearances.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS AS LISTED

MARCH 5, 2012
APRIL 4, 2012
H10058, H11116, H11117,
H11119 & H11120

APRIL 2, 2012
MAY 2, 2012
H12010

Amend statutory references in Section 205 (ENFORCEMENT) D.


(ZONING VIOLATION HEARING) 1. and E. (HEARING OFFICER)
1. (SCOPE); Section 301 (DEFINITIONS) Land Use Specialist; and
Section 604 (STREET NAMING AND ADDRESSING) A. (TITLE
AND PURPOSE) 1. (PURPOSE) and F. (GENERAL PROVISIONS) 2.
(ENFORCEMENT) c. to bring into conformance with recent changes in
legislation as per the 50th Legislature, 1st Regular Session as
approved/signed into law by the Governor effective July 20, 2011 and
September 30, 2011.
Page 231

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

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.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

207

410

410

JULY 15, 2013


AUGUST 15, 2013
H13033

Amend Section 410 (R1L DISTRICT) to add provisions/criteria for


private family cemeteries.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

JULY 15, 2013


AUGUST 15, 2013
H13006

206,601 Amend Section 206 (PENALTIES AND REMEDIES) F. and Section


601 (SIGN CODE) L. (SIGN PERMITS) 2. b. Fees to provide some
discretion when considering double fees for non-permitted work not
done by the current property owner.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

JANUARY 7, 2013
JANUARY 7, 2013
H12103

Amend Section 207 (ADJUSTMENT BOARD) A. (STRUCTURE), B.


(PROCEDURE), and E. (HEARINGS AND RULINGS) 3. to bring into
conformance with A.R.S. 11-816 (Boards of Adjustment; powers;
appeals) A. with regards to Counties having five (5) supervisorial
districts.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTION

AUGUST 6, 2012
SEPTEMBER 5, 2012
H12038 & H12039

JULY 15, 2013


AUGUST 15, 2013
H13038

Amend Section 410 (R1L DISTRICT) G. 10. in regards to Solar


Installations and Wind Turbines.

Page 232

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS AS LISTED

Amend Section 301 (DEFINITIONS), Section 410 (R1L DISTRICT)


and Add Section 512 (COMMUNITY GARDEN) to add
provisions/criteria for gardens on vacant lots.

ADOPTED BY BOARD OF SUPERVISORS


EFFECTIVE

SECTIONS 205

JULY 15, 2013


AUGUST 15, 2013
H13039

AUGUST 5, 2013
SEPTEMBER 4, 2013
H13042

Amend Section 205 (ENFORCEMENT) F. (ZONING CLEARANCE) 2.


to add language in regards to confirming contractor information when
processing permits.

Page 233

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Auditorium ....................................................................................................................... 46, 200


Parking ............................................................................................................................. 135
Automobile
Parking ....................................................................................................... 29, 100, 133, 135
Repair ......................................................................................................................... 46, 110
Sales ................................................................................................................................... 47
Service Station ................................................................................................................... 23
Awning (canopy) ................................................................................................... 114-115, 118
Sign .......................................................................................................................... 118, 128
Baking ..................................................................................................................................... 50
Balloons ................................................................................................................................. 118
Ballroom .................................................................................................................................. 49
Banner .................................................................................................................... 118, 123, 130
Banquet Hall ............................................................................................................................ 46
Bar ........................................................................................................................................... 46
Parking ............................................................................................................................. 135
Barber Shop ....................................................................................................................... 42, 44
Parking ............................................................................................................................. 136
Barn.............................................................................................................................. 34, 38, 94
Beauty Shop ....................................................................................................................... 42, 44
Parking ............................................................................................................................. 136
Bed & Breakfast ........................................................................................ 23, 36, 41, 44, 86, 87
Parking ............................................................................................................................... 87
Bicycle
Sales ................................................................................................................................... 47
Binding .................................................................................................................................... 50
Block .......................................................................................................................... 24, 27, 111
Shortage ............................................................................................................................. 95
Board
Adjustment... 7, 11, 13-16, 18, 23-24, 83, 86, 89. 132-133, 153
Supervisors ............................................ 6, 8-9, 11, 13-15, 19, 24-25, 27, 30, 54-59, 66-67,
71-72, 79-83, 90, 94-95, 99, 106, 109-110, 128, 155-156, 158-159, 192, 194-195, 197-198
Page 235

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Public ........................................................................................................................... 26, 29


Golf Course ................................................................................. 34, 53-54, 74, 91-92, 124, 145
Parking ............................................................................................................................. 136
Grade................................... 9, 25-26, 29-30, 32, 35, 86-87, 101, 111, 114, 116, 121, 124-125,
128-129, 137, 149, 188
Grand Opening..................................................................................................... ..118, 130, 145
Guest
Home................................................................................................................ 27, 36, 89, 92
Quarters........................................................................................................................ 34, 86
Room.......................................................................................... 27, 29-31, 73, 86, 103, 136
Unit ........................................................................................................ 23, 86-87, 112, 135
Gymnasium .............................................................................................................................. 49
Parking ............................................................................................................................. 136
Height
Building .......................................................... 25, 45, 47, 49-52, 61, 68, 73-74, 87, 93, 109
Limit ................................................................ 36-37, 39-41, 42, 45, 47, 49-51, 73, 87, 109
Sign . ........................................................................................................ 118-119, 121-122
Historical
Landmarks ......................................................................................................................... 74
Tablets.............................................................................................................................. 120
Home Occupation .................................................................................................. 27, 36, 54, 94
Sign .................................................................................................................................. 124
Hospital ................................................................................................................ 27, 30, 42, 134
Animal ......................................................................................................................... 47-48
Sign .......................................................................................................................... 121, 124
Hotel ........................................................................... 23, 27, 30 41, 44, 46, 48, 50-52, 88, 134
Apartment .............................................................................................................. 23, 27, 41
Parking ............................................................................................................................. 136
HUD Standards .................................................................................................................. 28, 98
Illumination................................................................ 74, 114, 129, 143-148, 150-151, 202-203
Inspector (Land Use Specialist) ......................................................................................... . 8, 27
Interior Lot ......................................................................................................................... 27, 28
Page 239

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

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

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Parking ............................................................................................................................. 137


Signs ................................................................................................................................ 124
Searchlights............................................................................................................................ 118
Secondary Medical Dwelling ........................................................................ 30, 36, 88-90, 103
Self-Service Storage Facilities ........................................................................... 30, 47, 107, 123
Parking ............................................................................................................................. 137
Signs ................................................................................................................................ 123
Servant Quarters ...................................................................................................................... 34
Service
Clerical ............................................................................................................................... 42
Custom ................................................................................................................... 25, 44, 46
Personal.............................................................................................................................. 42
Professional....................................................................................................................... 31
Public Signs ..................................................................................................................... 121
Station ............................................................................................ 22, 43, 89, 109, 145, 148
Station Parking................................................................................................................. 136
Sign Code....................................................................................................................... 114-130
Solar Equipment ...................................................................................................................... 10
Sorority .............................................................................................................................. 31, 41
Special Event Signs ............................................................................................................... 130
Square Footage
Guest Home ................................................................................................................. 27, 92
Outside Storage ........................................................................................................ 104-105
Signs ........................................................................................................ 117, 119, 121-122
Stable ................................................................................................................................. 34, 38
Stadium .................................................................................................................................... 51
Parking ............................................................................................................................. 135
Storage Yard ............................................................................................................................ 51
Story................................................................................................................... 30, 93, 109, 112
Street Naming ................................................................................................................ 153-187
Changes.................................................................................................................... 158-159
Street Numbering Grids ................................................................................................. 161-187
Page 245

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Street Signs ............................................................................................................................ 157


Structure ....................................................................................................................... 24, 30, 84
Detached ...................................................................................................................... 24-25
Subdivision ...................................................................................... 7, 11, 54, 57, 59-60, 68, 95
Sign .......................................................................................................... 107, 120-122, 125
Street Naming.. 158
Temporary Office ........................................................................................ 30, 35, 106-107
Superior Court ......................................................................................................................... . 9
Swimming Pool ................................................................................................. 10, 34, 112, 115
Tailor.................................................................................................................................. 42, 44
Tanks.................................................................................................................................. 30, 90
Aboveground ................................................................................................... 51, 90, 92, 98
Pressurized ......................................................................................................................... 10
Storage ............................................................................................................. 23, 51, 90, 98
Underground ................................................................................................................ 10, 90
Television Studio ..................................................................................................................... 50
Temporary Dwelling ........................................................................................................ 36, 103
Temporary Sign ............................................................................................. 107, 117, 125-127
Permit.. 130
Tennis Courts... 62, 124, 136, 145
Theater ..................................................................................................................................... 46
Adult..199-200, 203
Drive-in .............................................................................................................................. 26
Parking ............................................................................................................................. 135
Time and Temperature Sign .................................................................................................. 118
Tire Recapping......................................................................................................................... 49
Towers ..................................................................................................................................... 92
Set Backs ................................................................................................................. 112, 198
Wireless.188-199
Trade Schools .......................................................................................................................... 46
Trailer
as Temporary Dwelling ....................................................................... 36, 40, 103, 105, 107
Page 246

YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE

Boat ............................................................................................................ 47, 103-104, 108


Camp/Park ................................................................................................................. 99-101
Park Signs ........................................................................................................................ 127
Sales ................................................................................................................................... 47
Travel ............................................................................. 28-29, 31, 36, 40, 99-101, 103-105
Use Permits .................................................................................................................... 109-110
Vehicular Signs ...................................................................................................................... 119
Veterinary Clinic ..................................................................................................................... 47
Walls ................................... 7, 9, 10, 17, 24-25, 29, 32, 35, 48, 62, 65, 69, 92-93, 99, 101-102,
104, 106, 110-111, 114-115, 118-119, 121, 124-126, 128-129, 134, 190, 202-203
Warehouses ........................................................................................................................ 48, 50
Warning Signs ............................................................................................................... 119-120
Water Distillation..................................................................................................................... 46
Wear and Tear............................................................................................................................ 6
Weaving ................................................................................................................................... 50
Welding.................................................................................................................... 51, 108, 110
Window Signs ........................................................................................................................ 120
Wrecking Yard................................................................................................................... 31, 32
Yard 32
Deviations ........................................................................................................................ 111
Encroachment .................................................................................................................. 112
Zoning Inspection ...................................................................................................................... 8

Page 247

Adopted Effective 4/15/09


Amended Effective 3/22/12

YAVAPAI COUNTY DEVELOPMENT SERVICES FEE SCHEDULE


FEE TYPE

Base Fee

Zoning Clearance Fees


1. Residential: Site built house; manufactured/mobile home;
duplex; triplex; quad; multi-family; motel w/ cooking
facilities
Detached Accessory Structures, such as courts, pools,
garages, water tanks, barns, stables, and sheds greater than
four hundred (400) square feet.

$190.00 per dwelling unit


(includes original attachments)

Fences, walls, sheds four hundred (400) square feet or less in


size, and extensions to existing detached accessory structures
2. Residential Follow-on (means attached to a primary
structure): Attached Accessory/Additions (including
enclosures)

$ 85.00

Remodel

$ 85.00

Slabs, paving, patios, etc.

$ 85.00

3. Non-Residential:
Motels; Camps; Commercial; Industrial.
Otherwise, minimum permit.

$0.25 sq. ft. under roof

Miscellaneous Non-Residential,
such as fences, walls, paving, sign supports, etc.

$85.00

Change of Use

$0.25 sq. ft. under roof

Non-Residential Remodel

$355.00

4. Minimum Permit

$50.00

5. Minor Land Division Permit

$100.00 per lot

6. Permit Renewals (within 180 days of original permit)


Single Family Residential
Non-Single Family Residential

$50.00
$50.00

7. Revised Plot Plan

$65.00

8. Refunds of Zoning Clearance Fees


Denied or withdrawn Z.C.

Retain 80%

9. Manufactured/Mobile Home Parks (RV)

$300.00 + $10 per space

10. Commercial Permit Review Fee

$700.00 (non-refundable)

11. Lighting Permit

$190.00

12. Home Occupation

$190.00

$ 85.00 (per structure)

$ 105.00

Adopted Effective 4/15/09


Amended Effective 3/22/12

Temporary Dwelling Permits


New

$210.00

Renewal

$190.00

Second Renewal

See Use Permit

Sign Permits

Base Fee

1. Temporary Signs, Directional Signs (both On and OffPremise).

$145.00

2. All On-Premise Signs intended for advertising regardless of


use or size.

$180.00

3. All Off-Premise Signs (other than directional).

$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

Base Fee (Includes Electronic Document Fee)

1.

Base Variance

$530.00

2.

Each additional Variance

$50.00

BOA Appeals (must be separate Hearing Application)

$1040.00

Miscellaneous Hearing Applications

Base Fee (Includes Electronic Document Fee)

Hearing Officer Appeal (Payable to Board of Supervisors)

$440.00

Secondary Medical Dwelling (Administrative Review)

$530.00

Minor Administrative Variance (Administrative Review)

$530.00

Miscellaneous

Base Fee

Abandoned Vehicle Inspection


Zoning Verification Letter
Zoning Verification Report

$50 for the first vehicle, $10 each additional vehicle


$50.00
$335.00

Adopted Effective 4/15/09


Amended Effective 3/22/12

Zoning Map Change or


Use Permit (determined by district in which the requested
use would most closely be allowed as a matter of right)
Residential (R1L; RMM; R1; RCU; R2; OS)
Commercial (RCD; RS; P1; C1; C2)

Base Fee + Multiplier (Includes Electronic Document Fee)

$600.00 plus $20 per acre


$1000.00 plus $100 per acre

(Maximum Fee - $2,200.00)


(Maximum Fee - $9,000.00)

Industrial (C3; PM; M1; M2)

$1200.00 plus $100 per acre

(Maximum Fee - $9,200.00)

Planned Area Development (PAD)

$1000.00 plus $20 per acre

(Maximum Fee - $13,800.00)

Planned Area Development (PAD) Major Amendment


(P&Z and BOS hearing required)

Same as Full Fee less 25%

Planned Area Development (PAD) Minor Amendment


(Staff Review)

$530.00

Administrative Amendment

$250.00

Density District Change (decrease in density)

$0.00

Density District Change (increase in density)

New application fee for corresponding use district type (i.e.


residential, commercial, industrial)

Extension of Time for time limited zoning.

Base Fee Only

Amendment of Conditional Zoning

Full Fee less 25%

UP Renewal with NO modifications

Full Fee Less 50%

UP Renewal with modifications

Full Fee

UP Manufactured Home/Mobile Home/RV Park

$700.00 plus $20 per space

Administrative UP with Comment

Same as Full UP Fee less 25%

Street Names and Addressing

Base Fee + Multiplier (Includes Electronic Document Fee)

Change existing street name

$300.00 plus $20 per lot requiring an address change

Change existing address number


(per request and not initiated by Yavapai County for 911
purposes)

$85.00

Wireless Use Permits

Base Fee (Includes Electronic Document Fee)

Applications to be processed by Administrative Review


Applications to be processed by Administrative Review with
Comment Period
Applications requiring a Use Permit
Applications to review/renew an existing approved facility

$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.

Final Site Plan

Base Fee (Includes Electronic Document Fee)

Final Site Plan for Hearing or Administrative Review

$800.00

Adopted Effective 4/15/09


Amended Effective 3/22/12
Development Agreements

$3645.00

Amendment to approved Development Agreement

$2590.00

General Plan Amendments (includes community plans)

Base Fee + Multiplier (Includes Electronic Document Fee)

Minor

$350.00

Major (heard once per year)

$1000.00 plus $10 per acre

Subdivisions
Sketch Plan

Base Fee + Multiplier (Includes Environmental,


Floodplain & Electronic Document Fees)
$350

Administrative Preliminary Plat

$400.00 plus $20 per lot

(Maximum Fee - $4,400.00)

Preliminary Plat

$865.00 plus $20 per lot

(Maximum Fee - $4,865.00)

Final Plat

$715.00 plus $15 per lot

(Maximum Fee - $3,715.00)

Record of Survey in lieu of subdivision

$715.00 plus $15 per lot

(Maximum Fee - $3,715.00)

Abandonment of a Final Plat/Zoning/Reversion to Acreage

$615.00

Extension of Time for Pre-Plat

$300.00

Administrative consideration of a 6-month extension for Final


Plat recording.

$300.00

2nd and any Subsequent Extension(s) of Final Plat Recording


(Requiring Public Hearing)

$500.00

Pre-recording Final Plat

$345.00

Request of Waiver of Subdivision Requirements.

$500.00 per waiver

Base P&Z Commission Review

Base Fee

(Examples: review of miscellaneous applications such as


Alternative Financial Assurances; Section Line Setback
Waiver and etc.)

$580.00

Re-advertising

Base Fee

Deferred date specific

$250.00

Deferred date unspecified; application to be reheard between


0 and 179 days of original hearing date requires readvertising only.

$375.00

Deferred date unspecified; application to be reheard between


180 and 364 days of original hearing date requires readvertising, posting, and public hearing notices mailed to
surrounding property owners

Base fee of application type

Deferred date unspecified; application to be reheard 365 days


or longer after original hearing date requires new
application.

New full application fee

(Maximum Fee - $7,400.00)

YAVAPAI COUNTY

Development Services
Prescott Office -

Cottonwood Office -

10 S. 6th Street, Cottonwood, AZ 86326


(928) 639-8151 Fax: (928) 639-8153

1120 Commerce Drive, Prescott, AZ 86305

(928) 771-3214 Fax: (928) 771-3432

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

Building Permit Fees: No work started and no


inspection called.
Plumbing, Electrical, Mechanical Fees: No work

100% Refund
75% Refund
50% Refund
No Refund
No Refund
100% Refund

Same as Planning Unit


No Refund
Retain 80%
No Refund
100% Refund

No refund once the plan


check process has begun.
Retain $50.00 or calculated plan
review whichever is greater.
Retain $25.00 or 25%
whichever is greater.
Retain $10.00 or 25%

started and inspections called.


Document Fees
Department Errors

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

You might also like