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Chapter 17.04 - TITLE AND PURPOSE

Sections:

17.04.010 - Title.

17.04.020 - Intent and purpose of this title.

17.04.010 - Title.

This title is known as and is entitled "The Revised Zoning Ordinance of the City of Safford, Arizona" and

may be so cited and pleaded.

17.04.020 - Intent and purpose of this title.

The intent and purpose of this title is to promote the health, safety, morals, convenience, order,

prosperity and general welfare of the present and future inhabitants of the city by guiding development

within the city in accordance with the General Plan, which plan has been designed:

A. To encourage and facilitate orderly growth and development in the area;

B. To create conditions favorable to prosperity, civil activities, and recreational, educational and cultural

opportunities;

C. To facilitate adequate provisions for transportation, water, sewerage, schools, parks, and other public

requirements;

D. To reduce the waste of physical, financial and human resources resulting from excessive scattering of

population;

E. To secure safety from fires, floods, traffic hazards, and other dangers;

F. To lessen congestion in the streets, prevent the overcrowding of land and provide adequate light and

air;

G. To stabilize and improve property values; and

H. To promote a more attractive and wholesome environment; and

I. To comply with the requirements of ARS 9-461

Chapter 17.08 - DEFINITIONS

Sections:

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17.08.010 - Purpose of this chapter.

17.08.020 - Word usage.

17.08.030 - For brevity of text.

17.08.040 - Definitions.

17.08.010 - Purpose of this chapter.

It is the purpose of this chapter to define words, terms and phrases contained within this title for the

purpose of promoting consistency and precision in the interpretation of the title.

17.08.020 - Word usage.

In the interpretation of this title, the provisions and rules of this section shall be observed and applied,

except when the context clearly requires otherwise:

A. Words used or defined in one tense or form shall include other tenses and derivative forms.

B. Words in the singular number shall include the plural number, and words in the plural number shall

include the singular number.

C. The masculine gender shall include the feminine, and the feminine gender shall include the

masculine.

D. The word "shall" is mandatory.

E. The word "may" is permissive.

F. The word "person" includes individuals, firms, corporations, associations, trusts, and any other similar

entities.

G. In case of any difference of meaning or implication between the text of this title and any captions,

illustration or table, the text shall control.

17.08.030 - For brevity of text.

For brevity of the text, the following terms are used in this title:

"Commission" means the city of Safford planning and zoning commission.

"Committee" means the development review committee.

“General Plan” means the city of Safford General Plan

"Council" means the city of Safford council.

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“Department” means the city of Safford community development department

“Director” means the director of the city of Safford community development department

17.08.040 - Definitions.

When used in this title, the following terms shall have the meanings herein ascribed to them:

"Abut" means to physically touch or border upon or to share a common boundary, property line, or

right-of-way. Parcels having only one common corner are not considered as abutting parcels.

"Access" means the place, means, or ways by which pedestrians, vehicles, or both shall have safe,

adequate and usable ingress/egress to a property or use. A private access is an access not in public

ownership and controlled by means of deed, dedication or easement.

"Accessory dwelling unit" means a dwelling unit on the same lot with and of a nature customarily

incidental and subordinate to the principal structure or use.

"Accessory structure or use" means a use of land or of a building or portion thereof customarily

incidental and subordinate to the principal use of the land or building and located on the same lot with

such principal use or building.

"Acre" means a measure of land area containing forty-three thousand five hundred sixty square feet.

"Addition" means an extension or increase in floor area or height of a building or structure.

"ADHS" means the Arizona Department of Health Service.

"Adjoining lot or land" means a lot or parcel of land which shares all or part of a common lot line with

another lot or parcel of land.

"Agent" means any person, firm partnership, association, joint venture, corporation, or any other entity

or combination of entities who represents or acts for or on behalf of a declarant.

"Agricultural use" means the production, keeping or maintenance for sale, lease, or personal use of

plants or animals useful to humans, including but not limited to forages and sod crops, grains and seed

crops, dairy animals and dairy products, poultry and poultry products, livestock, including beef cattle,

sheep, horses, ponies, mules or goats or any mutations or hybrids thereof, including the breeding and

grazing of any or all such animals, bees and apiary products, fur animals, trees and forest products, fruits

of all kinds, including grapes, nuts and berries, vegetables, nursery, floral, ornamental and greenhouse

products or lands devoted to a soil conservation or forestry management program.

"Air pollution" means the presence of contaminants in the air of concentrations that interfere directly or

indirectly with human health, safety or comfort, or with the full use and enjoyment of a person's

property.

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"Airport" means an area of land that is used or intended to be used for the landing and take-off of

aircraft, including its buildings and facilities, if any.

"Airport elevation" means the established elevation in feet above mean sea level of the highest runway

threshold.

"Airport hazard" means any structure or object or man-made and/or natural growth located on or in the

vicinity of an airport, or any use of land near such airport, which obstructs the airspace required for, or is

otherwise hazardous to, the flight of aircraft in landing or take-off at such airport.

"Aisle" means the travel way by which cars enter and depart parking spaces.

“Alley” means a passage or way open to public travel, affording generally a secondary means of

vehicular access to abutting lots or upon which service entrances of buildings abut, and not intended for

general traffic circulation.

"Alteration" means a change in construction or a change in occupancy. Where the term of 'alteration is

applied to a change of construction, it is intended to apply to any change, addition or modification in

construction. When the term is used in connection with a change of occupancy, it is intended to apply to

changes of occupancy from one trade or use to another.

“Alternative tower structure” means man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers. "Amendment" means any change, modification, deletion or addition to the wording, text or substance

of this title, or any change, modification, deletion or addition to the application of the title to property

within the city. An amendment may include any alteration.

"Amusement and recreation services" means establishments engaged in providing amusement or

entertainment for fee or admission charge and including such activities as dance halls, studios, theatrical

productions, bands, orchestras and other musical entertainment, bowling alleys, billiard and pool

establishments, commercial sports such as arenas, rings, racetracks, public golf courses, and coin-

operated devices, amusement parks, membership sports and recreation clubs, swimming pools, riding

clubs, carnival operations, expositions, game parlors, and horse shows.

"Animal hospital" means the place where animals or pets are given medical or surgical treatment and

the boarding of animals is limited to short-term care.

"Animal kennel" means any structure or premises where animals are kept, boarded, bred, trained or

sold for commercial gain.

“Antenna” means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

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"Apartment" means one building or portion thereof which is designed, built, rented or leased for

occupancy by three or more families living independently of each other and doing their own cooking in

the same building.

"Apartment unit" means one or more rooms with a private bath and kitchen facilities comprising an

independent, self-contained dwelling unit in a building containing three or more dwelling units.

"Applicant" means a person submitting an application for development, rezoning or other action.

"Approach surface" means a plane surface longitudinally centered on the extended runway centerline,

extending outward and upward from the end of the primary surface and at the same slope as the

approach zone height limitation slope set forth in this chapter. In plan view, the perimeter of the

approach surface coincides with the perimeter of the approach zone.

Approval, Conditional. "Conditional approval" means an affirmative action by the commission or council

indicating that approval will be forthcoming upon satisfaction of certain specified stipulations.

Approval, Final Plat. "Final Plat approval" means unconditional approval of a final plat by the council as

evidenced by certification on the plat by the mayor and the clerk of the council; constitutes

authorization to record a final plat.

Approval, Preliminary Plat. “Preliminary Plat approval “ means the approval of the preliminary plat by

the commission as evidenced in its meeting minutes and noted upon prints of the plat; constitutes

authorization to proceed with final engineering plans and final plat preparation .

“ARS” means the state of Arizona revised statutes. "Attic" means the part of a building which is immediately below and wholly or partly within the roof

framing.

"Automatic car wash" means a structure containing facilities for washing automobiles using a chain

conveyor or other method of moving the cars along and in an automatic or semiautomatic application of

cleaner, brushes, rinse water and heat for drying.

"Automobile" means a self-propelled free-moving vehicle with four or more wheels, primarily for

conveyance on a street or roadway.

"Automobile sales" means the use of any building, land area, or other premises for the display and sale

of new or used automobiles, panel trucks or vans, trailers or recreation vehicles and including any

warranty repair work and other repair service conducted as an accessory use.

"Automobile service station" means any building, land area, or other premises or portion thereof used,

or intended to be used, for the retail dispensing or sales of vehicular fuels, including as an accessory use,

the sale of groceries and the sale and installation of lubricants, batteries, tires and similar accessories.

Automobile Wrecking Yard. See "junkyard."

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"Automobile repair service and garages" means establishments primarily engaged in furnishing

automotive repair, including as an accessory use, vehicle rental, leasing and parking services to the

general public.

"Bar" means an establishment including, but not limited to, a cocktail lounge, discotheque, night club or

tavern, the main use of which is to serve spirituous liquors for on-site consumption. Such a facility may

serve food, provide dancing and entertainment.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given

year.

"Base map" means a map having sufficient points of reference such as state, county or municipal

boundary lines, streets, easements, and other selected physical features to allow the plotting of any

other data.

"Basement" means a space having one-half or more of its floor-to-ceiling height below the average level

of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half feet.

"Bedroom" means a private room planned and intended for sleeping, separable from other rooms by a

door and accessible to a bathroom without crossing another bedroom or living room.

“Bed and Breakfast” means a private residence, several rooms of which are set aside for overnight

guests whose paid accommodation includes breakfast.

"Berm" means a mound of earth or the act of pushing earth into a mound.

"Block" means that property abutting one side of the street and lying between the two nearest

intersecting streets or nearest intersecting street on subdivided land.

"Board" means the city of Safford board of adjustment.

"Boarding house" means a dwelling in which three, four or five rooms are occupied as guest rooms and

in which food may be served to the occupants thereof. Any dwelling in which more than five rooms are

occupied as guest rooms shall be deemed to be a motel or hotel. A boarding house shall not include

buildings for persons requiring physical or mental care by reasons of age, infirmity or disease.

"Building area" means the area of a lot remaining after the minimum yard and open space requirements

have been met.

"Building" means any structure, either temporary or permanent, having a roof, supported by columns or

walls, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind.

This shall include tents or awnings, situated on private property and used for the purposes of a building.

Building, Accessory. "Accessory building" means a subordinate structure on the same lot as the principal

or main building or use occupied or devoted to a use incidental to a principal use.

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"Building coverage" means the horizontal area measured within the outside of the exterior walls of the

ground floor of all principal and accessory buildings on a lot.

"Building height" means the vertical distance of a building measured from the average elevation of the

finished grade within twenty (20) feet of the structure to the highest point of the roof, fascia, or

parapet.

"Building footprint" means the ground area within the outside edges of the exterior walls of a building at

design grade.

"Building line" means the line parallel to the street line at a distance equal to the depth of the front yard

required for the zoning district in which the lot is located.

"Building permit" means written permission issued by the building inspector for the construction, repair,

alteration or addition to a building or structure.

Building, Principal. "Principal building" means a building in which is conducted the principal use of the

lot on which it is located.

"Bulk storage" means the storage of chemicals, petroleum products, and other materials and above

ground containers for subsequent resale to distributors or retail dealers or outlets.

"Carport" means a roofed structure providing space for the parking or storage of motor vehicles and

entirely open on two or more sides.

"Certificate of occupancy" means a document issued by the director allowing the occupancy or use of a

building and certifying that the structure or use has been constructed or will be used in compliance with

all the applicable codes of the city of Safford.

"Ceiling height" means clear vertical distance from the finished floor to the finished ceiling.

"Change of use" means any use which differs from the previous use of a building or land.

"Child care center" means a private facility maintained for the purpose of providing care, supervision or

training for five or more children under the age of sixteen (16) years and not related to the proprietor,

for periods of more than one hour but less than twenty-four (24) hours per day, apart from their parents

or guardians, for compensation.

"Chimney" means a structure containing one or more flues for drawing off emissions from stationary

sources of combustion.

"Church" means a permanently located building or group of buildings or structure wherein people

regularly assemble for religious worship and which is maintained and controlled by a religious body to

sustain public worship and church-related uses.

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"Clinic" means an establishment where patients are admitted for examination and treatment by one or

more medical practitioners, typically physicians, dentists, psychologists or social workers and where

patients are not usually lodged overnight.

"Club" means a group of people organized for a common purpose to pursue common goals, interests

and activities, and usually characterized by certain membership qualifications, payment of fees and

dues, regular meetings, and constitutions and bylaws.

"Commercial vehicle" means any motor vehicle licensed by the state as a commercial vehicle.

"Common ownership" means ownership by one or more individuals in any form of ownership.

"Common access way" means a commonly shared or used pedestrian or vehicular way that connects or

serves two or more properties.

Common Wall. See "party wall."

"Conditional use" means a use which, although not permitted by right in a given zoning district, would

become harmonious or compatible with neighboring uses through the establishment and maintenance

of qualifying conditions.

"Conditional use permit" means a permit issued in conjunction with the establishment of a conditional

use setting forth by incorporation or reference all qualifying conditions governing the use of the

property.

"Condominium" means real estate, portions of which are designated for separate ownership with the

remainder designated for common ownership by the owners of the separate portions. Real estate is not

a condominium unless the undivided interests in the common elements are vested in the unit owners.

"Condominium association" means a community association which administers and maintains the

common property and common elements of a condominium.

"Construction permit" means a permit required for the erection, alteration or extension of the structure.

"Contiguous" means in contact with.

“Council” means the mayor and council of the city of Safford.

"Court" means a space, open and unobstructed to the sky, located at or above grade level on a lot and

bounded on three or more sides by walls of a building.

Cul-de-Sac. See "street, cul-de-sac."

"Curb cut" means the opening along the curb line at which point vehicles may enter or leave the

roadway.

"Dedication" means the designation of land by its owner for any general or public use.

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"Density" means the number of dwelling units per unit of land.

“Department” means the city of Safford community development department.

"Detention basin" means a storage facility for the temporary storage of storm water runoff with

metered discharge.

"Developer" means the legal or beneficial owner or owners of a lot or of any land included in the

proposed development including a holder of an option or contract to purchase or other persons having

enforceable, proprietary interests in such land.

“Development Review Committee” means the committee comprised of representatives from local

public agencies having jurisdictional authority over development in the city limits. The development

review committee serves in an advisory capacity to the commission and provides comments and

recommendations on applications for land development and proposed amendments to the land

development regulations and ordinances. the chairman of the commission may appoint a member of

the commission to serve on the development review committee.

“Director” means the director of the city of Safford community development department.

"Display surface" means the area available on a sign for the purpose of displaying the message.

"District" means a portion of the city within which certain uniform regulations and requirements or

various combinations thereof apply under the provisions of this title.

"Drainage" means:

1. Surface water runoff;

2. The removal of surface water from land from drains, grading, or other means which include

runoff controls to minimize erosion and sedimentation during and after construction of

development;

3. The means for preserving the water supply and the prevention or alleviation of flooding.

"Drainageway" means any natural or artificial watercourse, trench, ditch, swale, or similar depression

into which surface water flows.

"Drive-in restaurant" means a building or portion thereof where food and/or beverages are sold in a

form ready for consumption and where all or a significant portion of the consumption takes place or is

designed to take place outside the confines of the building, often in a motor vehicle.

"Driveway" means a private roadway providing access for vehicles to a parking space, garage, dwelling,

or other structure.

"Dwelling" means an enclosed space providing complete independent living facilities for a family

including permanent provisions for living, sleeping, eating, cooking and sanitation.

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Dwelling, Attached. "Attached dwelling" means a one-family dwelling attached to one or more one-

family dwellings by common vertical walls and each dwelling located on its own lot.

Dwelling, Conventional. "Conventional dwelling" means a single or multifamily dwelling constructed on

the site utilizing basic materials delivered to the site or manufactured on the site. Said dwelling shall

consist of a permanent foundation with solidly attached walls, which shall be constructed in place.

Roofing materials, interior and exterior finishes, and other building components shall be installed onsite.

Dwelling, Detached. "Detached dwelling" means a dwelling which is not attached to any other dwelling

by any means.

Dwelling, Multifamily. "Multifamily dwelling" means a building designed exclusively for occupancy by

three or more families living independently of each other (e.g. apartment building or condominiums).

Dwelling, Single-Family. "Single-family dwelling" means a building containing one dwelling unit.

Dwelling, Single-Family Detached. "Single-family detached dwelling" means a dwelling which is designed

for and not occupied by more than one family and surrounded by open space or yards and which is not

attached to any other building by any means.

Dwelling, Townhouse. "Townhouse dwelling" means one in a row of homes that share common walls.

Unlike a condominium, townhouse ownership includes individual ownership of the land. There can also

be common elements such as a central courtyard that would have shared ownership.

Dwelling, Two-Family. "Two-family dwelling" means a structure on a single lot containing two dwelling

units each of which is totally separated from each other by a common wall extending from ground to

roof or an unpierced ceiling and floor extending from exterior wall to exterior wall except for a common

stairwell exterior to both dwelling units. Also known as a duplex.

"Easement" means a grant of one or more of the property rights by the property owner to and/or for

the use by the public, a corporation, or other person or entity.

"Egress" means an exit.

"Elevation" means:

1. A vertical distance above or below a fixed reference level;

2. A flat scale drawing of the front, rear or side of a building.

"Enlargement" means an increase in the size of an existing structure.

"EPA" means the Environmental Protection Agency.

"Excavation" means removal or recovery by any means whatsoever of soil, rocks, minerals, mineral

substances, or organic substances other than vegetation from water or land on or beneath the surface

thereof or beneath the land surface, whether exposed or submerged.

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"Existing grade or elevation" means the vertical location of the ground surface prior to excavating or

filling.

"Existing use" means the use of a lot or structure at the time of the enactment of the ordinance codified

in this title.

"Exterior wall" means any wall which defines the exterior boundaries of a building or structure.

“FAA” means the federal aviation administration "Facade" means the exterior wall of a building exposed to public view or that wall viewed by persons not

within the building.

"Farmers market" means a public market usually held out-of-doors where farmers and other vendors

sell produce, meat products and sometimes prepared foods and beverages directly to the public.

"Family" means:

1. An individual or two or more persons related by blood, marriage or adoption, living together

as a single housekeeping unit in a dwelling unit; or

2. Not more than five persons, who need not be related, living together as a single

housekeeping unit within a dwelling.

"Fast food service" means the retail sales in a building of convenience food or specialty menu items, and

ordered and served at a counter or window, whether for consumption on or off the premises, when the

facility is designed primarily to serve customers arriving by automobile.

“FCC” means the federal communications commission. "Fence" means an artificially constructed barrier of any material or combination of materials erected to

enclose or screen property.

"Findings" means a written statement of facts, conclusions and determinations based on the evidence

presented in relation to the approval criteria and prepared by the approval authority in support of a

decision.

"Flood or flooding" means a temporary inundation of land not normally covered by water due to

unusual and rapid accumulation or runoff of surface waters from any source, or a rise in flow or stage of

any stream or watercourse that results in water overtopping its banks and adjacent areas that are not

normally covered by water.

"Flood fringe area" means that land outside the floodway and below the base flood elevation.

"Flood hazard area" means the floodplain consisting of the floodway and the flood fringe area.

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"Flood hazard design elevation" means the highest elevation, expressed in feet above sea level, of the

level of floodwaters which delineates the flood fringe area.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency

Management agency has delineated both the areas of special flood hazards and the risk premium zones

applicable to the community.

"Flood of record" means a flood which has occurred for which there are accurate local records available.

Flood, Regulatory Elevation. "Regulatory elevation floor" means the elevation which is one foot above

the base flood elevation for a watercourse for which the base flood elevation has been determined by

the criteria developed by the director of the department of water resources for all other watercourses.

Flood, Regulatory Base Flood Discharge. "Regulatory base flood discharge flood" means the rate of flow

produced by the regulatory base flood measured in cubic feet per second.

"Floodplain" means the relatively flat areas or low lands adjoining the channel of a watercourse or areas

where drainage is or may be restricted by man-made structures which have been or may be covered

partially or entirely by floodwater and shall be an area not less than that delineated by the fifty (50) year

flood, but not exceeding the area delineated by the one hundred (100) year flood.

"Floodproofing" means a combination of structural provisions, changes, or adjustments to properties

and structures subject to flooding, primarily used for the reduction or elimination of flood damages to

properties, water and sanitary facilities, structures, and contents of buildings in flood hazard areas.

"Floodway" means the channel of a river or other watercourse of that area within a floodplain which

must be reserved for discharge of the base flood without increasing the water surface elevation more

than one foot and without creating hazardous velocities of flood-waters. The floodway is delineated on

the flood boundary floodway map.

Floor Area, Gross. "Gross floor area" means the sum of the gross horizontal areas of the several floors of

a building measured from the exterior face of exterior walls, or from the center line of a wall separating

two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space

where the floor-to-ceiling height is less than six feet.

Floor Area, Net. "Net floor area" means the total of all floor areas of a building, excluding stairwells and

elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or

ground floor when used or intended to be used for human habitation or service to the public.

"Floor area ratio (FAR)" means a ratio expressing the amount of square feet of floor area permitted for

every square foot of land area within the site.

"Fraternal organization" means a group of people formally organized for a common interest, usually

cultural, religious or entertainment, with regular meetings, rituals and formal written membership

requirements.

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"Frontage" means the length of any one property line which abuts a legally accessible street right-of-

way.

Garage, Private. "Private garage" means a building, or portion thereof, in which only motor vehicles

used by the tenants of the building, or buildings on the premises are stored or kept.

Garage, Public. "Public garage" means a building, other than a private garage, designed or used for

servicing, repairing or storing motor vehicles.

"Grade" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk

within the area between the building and the property line, or when the property line is more than five

feet from the building, between the building and a line five feet from the building.

Grade, Finished. "Finished grade" means the final elevation of the ground surface after development.

Grade, Natural. "Natural grade" means the elevation of the ground surface in its natural state, before

manmade alterations.

“Group home” means a dwelling unit shared, as their primary residence, by handicapped and/or elderly

persons living together as a single housekeeping unit in which staff persons provide on-site care, meals,

supervision, and other support services for the residents. Group homes shall not include nursing homes,

shelter care facilities, recovery homes, community correctional facilities, or homes for the

developmentally disabled as regulated by Arizona Revised Statutes.

Height. For the purpose of determining the height limits in all zones set forth in this chapter, the datum

shall be mean sea level elevation unless otherwise specified.

"Home occupation" means a lawful use conducted in a residential district in or on the premises of a

dwelling unit by the permanent residents thereof, said use being secondary to the principal use of the

dwelling for living purposes, and which complies with the terms and conditions of this title.

"Hospital" means an institution providing primary health services and medical or surgical care to

persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal

physical or mental conditions, and including, as an integral part of the institution, related facilities such

as laboratories, outpatient facilities or training facilities.

"Hotel" means a facility offering transient lodging accommodations to the general public and may

provide additional services such as restaurants, meeting rooms, and recreation facilities.

"Impervious surfaces" means those surfaces which do not absorb water. They consist of all buildings,

parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt. In the case of

lumberyards, areas of stored lumber constitute impervious surfaces.

"Ingress" means access or entry.

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"Junk" means scrap metals and their alloys and bones, used cloth, rubber, rope, tinfoil, bottles, old

machinery, tools, appliances, fixtures, utensils, lumber, boxes or crates, pipe or pipe fittings, tires, and

other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their

existing condition, but are subject to being dismantled.

"Junkyard" means any area, lot, land, parcel, building or structure or part thereof used for the storage,

collection, processing, purchase, sale or abandonment of waste paper, rags, scrap metal or other scrap

or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or

other type of junk.

"Kennel" means any premises or structure in which more than four dogs and/or more than four cats, six

months or older are kept or cared for, boarded or maintained.

"Landscaping" means any of the following or combinations thereof: material such as, but not limited to,

grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable material commonly

used in landscaping, such as but not limited to rocks, pebbles, decorative pavers, sand, walls or fences,

but excluding paving.

"Livestock" means meat animals, cattle, sheep, , horses, ponies or goats or any mutations or hybrids

thereof but shall not include swine (reference section 6.04.050 of this title).

"Lodging house" means any building or portion thereof, containing not more than five guest rooms

which are used by no more than five guests, where rent is paid in money, goods, labor or otherwise.

"Lot" means a tract of land bounded on all sides by property lines, of sufficient size to meet minimum

zoning requirements, for use, coverage, area setbacks, and other areas as required by this title.

"Lot area" means the total area within the boundary lines of a lot.

Lot, Corner. "Corner lot" means a lot abutting on two or more intersecting streets having an interior

angle of intersection not exceeding one hundred thirty-five (135) degrees.

"Lot coverage" means that portion of the lot that is covered by buildings and structures.

"Lot depth" means the horizontal distance between front and rear lot lines measured along the median

between the two side lot lines.

Lot, Double Frontage. "Double frontage lot" means a lot having a frontage on two parallel or nearly

parallel streets. A double frontage lot may also be called a “through lot.”

Lot, Interior. "Interior lot" means a lot other than a corner lot, with frontage only on one street.

Lot, Key. "Key lot" means an interior lot, one side of which is contiguous, or separated only by an alley

from the rear line of a corner lot.

"Lot line" means a line of record bounding a lot which divides one lot from another lot or from a public

or private street or any other public space.

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Lot Line, Front. The director shall determine the front lot line in accordance with one of the following:

1. Corner lot: The front lot line of a corner lot shall be the shorter of the two lines adjacent to

the streets. Where lines are equal, the front line shall be that line which is obviously the front by

reason of the prevailing frontage of the other lots on the block. If such front is not evident, then

either may be considered the front of the lot but not both.

2. Interior lot: The front lot line of an interior lot shall be the line coterminous with the street

frontage.

3. Double frontage lot or Through lot: The front lot line of a double frontage lot or through lot

shall be that line which is obviously the front by reason of the prevailing frontage of the other

buildings on the block.

4. Combined lots: Where two or more lots are used as a building site and where the main

building crosses lot lines, then the entire area shall be considered as one lot, except that the

front of the parcel shall be determined to be the front of the individual lots as originally platted

or laid out.

Lot Line, Interior. "Interior lot line" means any side lot line not adjacent to a street.

Lot Line, Rear. "Rear lot line" means a lot line which is opposite to and most distant from the front lot

line. In the case of a corner lot, the director shall determine the rear lot line; in the case of an irregular

or triangular-shaped lot, a lot line ten feet in length within the lot parallel to and at the maximum

distance from the front lot line.

Lot Line, Side. "Side lot line" means any lot line which is not a front or rear lot line.

Lot, Minimum Area of. "Minimum area of lot" means the smallest lot area established by this title on

which a use or structure may be located in a particular district.

Lot, Reverse Frontage. "Reverse frontage lot" mean a through lot which is not accessible from one of the

parallel or non-intersecting streets upon which it fronts.

"Lot width" means the horizontal distance between the side lines of a lot measured at right angles to its

depth along a straight line parallel to the front lot line at the minimum required building setback line.

1. If the side lot lines are parallel, the lot width is the shortest distance between these side lines.

2. If the side lot lines are not parallel, the lot width of the lot shall be the length of a line

measured at right angles to the axis of the lot at a point which is equal to or greater than the

required front yard setback for the district in which it is located.

"Maintain" means to cause or allow to continue in existence; when the context indicates, "maintain"

shall mean to preserve and care for a structure, improvement, conditions or area so that it remains

16

attractive, safe and presentable and carries out the purposes for which it was installed, constructed or

required.

"Manufactured home or housing" means a single or multiple dwelling manufactured after June 15, 1976

in a factory to standards established by the U. S. Department of Housing and Urban Development,

delivered to the building site in one or more sections and, when located on a residential lot, is attached

to a permanent foundation; having exterior dimensions not less than twenty-four (24) feet by forty (40)

feet; having a roof that is pitched at a slope not less than two-inch vertical rise to one-foot horizontal

run and consisting of shingles, tiles or other materials customarily used for conventional dwellings;

having exterior siding consisting of nonreflective, nonmetallic materials such as wood, pressed board,

stucco or masonry veneer. A manufactured home is not a mobile home, travel trailer or recreational

vehicle.

“Manufactured home park” means a development providing two or more rental spaces for occupancy

by manufactured homes or renovated mobile homes together with certain accessory buildings and uses

provided for the benefit and enjoyment of the residents of the park.

“Manufactured home subdivision” means a subdivision that is to be used specifically as a single family

residential use for manufactured homes or renovated mobile homes. Expressly prohibited for

residential purposes are busses, recreational vehicles, motor homes, campers, trailers and other similar

vehicles.

"Medical Marijuana Dispensary." A nonprofit medical marijuana dispensary duly registered and certified

pursuant to A.R.S. § 36-2804.

"Medical Marijuana Dispensary Offsite Cultivation Location." The one additional location, if any, duly

identified pursuant to A.R.S. §36-2806 (E) during the process of registering a nonprofit medical

marijuana dispensary, where marijuana will be cultivated for sale at a nonprofit medical marijuana

dispensary duly registered and certified pursuant to A.R.S. § 36-2804.

"Mobile food vendor" means an itinerant vendor of prepared foods and beverages that uses a self-

contained mobile unit, independent with respect to water, sewer and power facilities, capable of

moving or being moved, consisting of an enclosed truck, enclosed trailer or similar vehicle that contains

equipment used for the preparation and/or sale of food products.

"Mobile home" means a single dwelling manufactured prior to June 15, 1976 transportable in one or

more sections which is built on a permanent chassis, having at least four hundred (400) square feet of

living space, and designed to be used as a year-round dwelling unit, with or without a permanent

foundation, when connected to the required utilities. A mobile home is not a manufactured home,

travel trailer or recreational vehicle.

"Mobile home park" means a development providing two or more rental spaces for occupancy by

mobile homes or manufactured homes together with certain accessory buildings and uses provided for

the benefit and enjoyment of the residents of the park.

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Mobile home, renovated. A “renovated mobile home” means a mobile home that has been

rehabilitated in accordance with the Arizona office of manufactured housing administrative rules and

provided with an insignia of approval placed by the state on the mobile home.

"Mobile home subdivision" means a subdivision that is to be used specifically for single-family

residential use, for mobile homes or manufactured homes. Expressly prohibited for residential purposes

are buses, recreational vehicles, motor homes, campers, trailers and other similar vehicles.

“Modular home” means a single dwelling which is pre-assembled in whole or in part in a factory prior to

delivery to the job site for final assembly and which conforms to city of Safford building code standards.

A modular home is built with exterior materials customarily used on conventional dwellings, has a

minimum roof pitch of 3 in 12 and has a minimum roof overhang of one (1) foot on all four sides. Has a

minimum width of twenty (20) feet and has been designed and built to be set on a permanent

foundation.

"Motel" means "hotel" as defined herein.

"Motor home" means any vehicular-type unit thirty-five (35) feet or less in length and eight feet or less

in width, primarily designed as temporary living quarters for camping or travel use.

"Motor vehicle" means any vehicle which is self-propelled.

"Noise pollution" means continuous or episodic excessive noise in the human environment.

"Nonconforming structures" means a building or structure, or portion thereof, lawfully erected or

altered, which no longer adheres to the specific development regulations of the code applicable to the

zoning category in which the building or structure is located.

"Nonconforming uses" means an activity conducted in a building, structure or on a site, lawfully

established or maintained, which no longer adheres to the specific use regulations in the code

applicable to the zoning category in which such use is located.

"Nuisance" means any act, action or condition relating to the use of property by an owner or occupant

thereof, which creates a threat to the life, health or safety of the owner, occupant or others; or which

creates unsafe, unhealthy or unsightly conditions preventing the full use and enjoyment of the property

of others.

Nursery and Day Care Schools. See "child care center."

"Occupancy" or "occupied" means the residing of an individual or individuals overnight in a dwelling

unit, or the installation, storage or use of equipment, merchandise or machinery in any public,

commercial or industrial building.

"Occupant" means the individual or individuals in actual possession of a premises.

Odor, Noxious. "Noxious odor" means any odor which is offensive to human beings.

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"Office" means a place where a particular kind of business is transacted or a service is supplied,

excluding retailing, according to the following:

1. A place in which functions, such as consulting, record keeping, or clerical work are performed;

or

2. A place in which a professional person (e.g. a physician or lawyer) conducts his or her

professional services.

"Off-street parking space" means a storage area for a motor vehicle that is directly accessible to an

access aisle, and which is not located on a dedicated street right-of-way.

"On-street parking space" means a temporary storage area for a motor vehicle which is located on a

dedicated street right-of-way.

"Open space" means any parcel or area of land or water essentially unimproved and set aside,

dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment

of owners and occupants of land adjoining or neighboring such open space.

Open Space, Common. "Common open space" means land within or related to a development, not

individually owned or dedicated for public use, which is designed and intended for the common use or

enjoyment of the residents of the development and may include such complimentary structures and

improvements as are necessary and appropriate.

Open Space, Private. "Private open space" means common open space held in private ownership, the

use of which is normally limited to the occupants of a single dwelling or building.

Open Space, Public. "Public open space" means open space owned by a public agency and maintained

by it for the use and enjoyment of the general public.

"Parapet" or "parapet wall" means that part of any wall extending above the roof line.

"Parking access" means the area of a parking lot that allows motor vehicles including parking lots,

garages, private driveways and legally designated areas of public streets.

Parking Area, Private. "Private parking area" means a parking area for the private use of the owners or

occupants of the lot on which the parking area is located.

Parking Area, Public. "Public parking area" means parking area available to the public, with or without

compensation, used to accommodate clients, customers or employees.

"Parking bay" means the parking module consisting of two and/or three rows of parking spaces and the

aisle from which motor vehicles enter and leave the spaces.

"Parking lot" means an off-street, ground-level area, surfaced and improved for the temporary storage

of more than four motor vehicles.

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"Parking space" means an unobstructed space or area other than a street or alley for the parking of one

motor vehicle.

"Particulates" means finely divided solid or liquid particles in the air or in an emission including dust,

smoke, fumes, mist, spray and fog.

"Party wall" means a shared wall between two separate structures, buildings, or dwelling units.

"Peak flow traffic" means the largest number of vehicles passing over a designated section of a street

during a twenty-four hour period.

"Person" means any person, firm, partnership, association, social or fraternal organization, corporation,

estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a

unit.

“Planning and zoning commission” means the city of Safford planning and zoning commission.

Plans, Engineering. "Engineering plans" means plans, profiles, cross-sections, specifications, and other

details of construction of the improvements required under the provisions of this title, prepared by a

registered engineer in accordance with the approved preliminary plat and in compliance with adopted

city standards.

Plan, Community Master. “Community master plan” means a land use plan together with other more

specific master plans for utilities, drainage and circulation for a large scale, mixed use community

consistent with the city’s general plan.

Plan, General. "General plan" means the comprehensive plan for the city of Safford together with any

supplements thereto that has been prepared in accordance with state law and duly adopted by the

council.

"Plat" means a map of a subdivision.

Plat, Preliminary. "Preliminary plat" means a preliminary map including supporting data indicating a

proposed subdivision design prepared in accordance with the provisions of this title.

Plat, Final. "Final plat" means a map of all or part of a subdivision essentially conforming to an approved

preliminary plat prepared in accordance with the provisions of this title.

Plat, Recorded. "Recorded plat" means a final plat bearing all the certificates of approval required by

this title and filed in the office of the county recorder.

Plot Plan. “Plot plan” means a simple site plan showing proposed development with dimensioned

property lines, setbacks and structures. A plot plan is required for the issuance of a building permit for

single family homes, duplexes, and manufactured homes and park model travel trailers on lots and on

rental spaces.

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"Portable carport" means a nonpermanent structure designed as a shelter for motor vehicles, boats, etc.

Such structure shall be easily relocatable, shall not be permanently affixed to a foundation, and shall not

otherwise require the issuance of a building permit under the Uniform Building Code (For conditions

governing installation, see Section 17.12.030(E)).

“Pre-existing towers and pre-existing antennas” means any tower or antenna for which a building permit has been properly issued prior to the effective date of section 17.12.260 of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. "Principal use" means the main use to which the premises are devoted and the primary purpose for

which the premises exist.

"Recreational vehicle" means a vehicular unit which is designed to provide temporary living quarters for

recreational, camping or travel use; either permanently attached to a self-propelled motor vehicle

chassis or towed by another vehicle. A portable truck camper constructed to provide temporary living

quarters for recreational, camping or travel use and designed to be loaded onto and unloaded from the

bed of a pickup truck. A travel trailer or a park trailer (park model) built on a single chassis, mounted on

wheels and designed to be connected to utilities necessary for the 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 five hundred (500) square feet.

Recreational Vehicle Park. See "Travel trailer park."

"Rental unit" means any housing unit which is occupied pursuant to a lawful rental agreement, oral or

written, express or implied, and which was not owned as a condominium unit or cooperative unit on the

effective date of the ordinance codified in this title.

"Retention basin" means a pond, pool or basin used for the permanent storage of water runoff.

"Restaurant" means an establishment where meals are prepared and served to the public.

Restaurant, Drive-Through. See "drive-through restaurant."

"Retail services" means establishments providing services of or entertainment, as opposed to products,

to the general public, including eating and drinking places, hotels and motels, finance, real estate and

insurance, personal services, motion pictures, amusement and recreation services, health, educational

and social services, museums and galleries.

"Right-of-way" means the area between boundary lines of a street or other dedicated area.

"Roadway" means that portion of a road or alley right-of-way that is improved for vehicular traffic and is

narrower in width than the right-of-way.

"Roof" means a continuous solid sheathing top covering on a structure which provides protection from

rain, wind, sun or other natural elements.

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"Schools" means an institution licensed by the Arizona Department of Education.

"Screen" means a barrier that functions to shield, protect or conceal.

Service Station. See "automobile service station."

"Setback" means the minimum allowable horizontal distance from a given point or line of reference to

the nearest vertical wall or other element of a principal building or structure as defined herein. The

point or line of reference will be the lot line following any required dedication, or a special or

reservation line if one is required pursuant to this title.

"Sight triangle" means a triangular-shaped portion of land established at street or alley intersections in

which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the

sight distance of motorists entering or leaving the intersection.

Sign, Home Occupation. "Home occupation sign" means a sign containing only the name and occupation

of a permitted home occupation.

"Site" means the land area designated for development, exclusive of any right-of-way. The land area

may be a portion of a lot, a single lot, or consist of more than one lot.

"Site plan" means the development plan for one or more lots on which is shown the existing and

proposed conditions of the lot including: topography, vegetation, drainage, floodplains, marshes and

waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures

and signs, lighting and screening devices; any other information that reasonably may be required in

order that an informed decision can be made by the approving authority.

"Slope" means the degree of deviation of a surface from the horizontal, usually expressed in percent or

degrees, or as a ratio.

Square Footage, Net. The net square footage is determined by subtracting from the total square footage

of the parcel that area deemed necessary for street dedication and that area used for private streets

and common driveways, if any.

"Start of construction" means the first placement of permanent construction of a structure (other than a

mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of

excavation. Permanent construction does not include land preparation such as clearing, grading and

filling, nor does it include the installation of streets and/or walkways; nor does it include the installation

on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as

part of the main structure.

"Story" means that portion of a building included between the upper surface of any floor and the upper

surface of the floor next above, except that the topmost story shall be that portion of a building

included between the upper surface of the topmost floor and the ceiling or roof above. If the finished

floor level directly above a usable or unused under-floor space is more than six feet above grade, as

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defined herein, for more than fifty (50) percent of the total perimeter, or is more than twelve (12) feet

above grade as defined herein, at any point, such usable or unused under-floor space shall be

considered as a story.

Story, First. "First story" means the lowest story in a building which qualifies as a story, as defined

herein, except that a floor level in a building having only one floor level shall be classified as a first story,

provided such floor level is not more than four feet below grade, as defined herein, for more than fifty

(50) percent of the total perimeter, or not more than eight feet below grade, as defined herein, at any

point.

“Street” means that area, whether public or private, between right-of-way lines, dedicated, reserved or

provided for roadway purposes and other uses not inconsistent therewith. A public street must be

accepted for maintenance after construction in accordance with approved plans by the council prior to

acknowledgement that said street is a public street.

Street, Arterial. "Arterial street" is a general term that means a street that has the capacity to carry a

large volume of traffic. An arterial street includes freeways and, expressways; an interstate, state or

county highway having regional continuity; any urban street having considerable continuity and carrying

a large volume of both passenger and commercial vehicles. These arterial streets are normally on the

section lines. Arterial streets are designated on the master city street map.

Street, Collector. "Collector street" means a neighborhood street with limited continuity generally

located on section lines and quarter section lines and having the primary function of carrying residential

traffic from local streets to arterial streets; a secondary function being to provide access to abutting

residential properties. Collector streets are generally designated on the master city street map.

Street, Cul-de-Sac. "Cul-de-sac street" means a local residential street having one end permanently

terminated in a vehicular turnaround.

Street, Frontage. "Frontage street" means a local street parallel and adjacent to an arterial street which

provides access to abutting property, intercepts local residential streets and controls access to an

arterial street.

Street, Local. "Local street" means a street serving the primary function of providing access to abutting

property.

"Structure" means anything constructed or erected for use, occupancy or ornamentation which requires

location on the ground or attached to something having location on the ground.

"Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of

which equals or exceeds fifty (50) percent of the market value of the structure either:

1. Before the improvement is started; or

2. If the structure has been damaged and is being restored, before the damage occurred.

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For the purposes of this definition, "substantial" improvement is considered to occur when the first

alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not

that alteration affects the external dimensions of the structure.

"Swap meet" means an occasional or periodic commercial activity held in an open setting or enclosed

structure where: (1) groups or sellers rent space on a short-term basis to display, barter, or sell goods or

services to the public; or (2) one or more sellers bring goods for auctioning to the public.

"Temporary structure" means a structure without any foundation or footings and which is removed

when the designated time period, activity, or use for which the temporary structure was erected has

ceased.

"Tenant" means any person who occupies or has a leasehold interest in a rental unit under a lawful

rental agreement, whether oral or written, express or implied.

"Theater" means a building or part of a building devoted to showing motion pictures, or for dramatic,

musical or live performances.

Theater, Drive-In. "Drive-in theater" means an open lot with its appurtenant facilities devoted primarily

to the showing of motion pictures or theatrical productions on a paid-admission basis to patrons seated

in automobiles.

“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or mono-pole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term also includes the structure and any support thereto. “Tower height” means the vertical distance measured from the natural grade level to the highest point of the structure directly above the natural grade. When the tower is located in a platted subdivision, the height shall be the vertical distance measured from the finished grade as shown on the subdivision grading plans or finished grade as shown on the individual lot’s grading plans, (whichever is lower), to the highest point of the structure directly above the finished grade. "Tract" means an area, parcel, site or piece of land or property.

"Traffic generator" means a use in a particular geographic area which is likely to attract into the area

substantial vehicular or pedestrian traffic.

“Travel trailer” means a self-contained vehicle without motive power, with wheels built on a chassis,

designed as a temporary dwelling for travel recreation and vacation purposes, having a body width not

exceeding eight (8) feet and a body length not exceeding 40 feet.

Travel Trailer Court. See "Travel trailer park."

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"Travel trailer park" means a plot of ground upon which two or more rental spaces with the required

utilities and improvements are located and maintained for occupancy by travel trailers and recreational

vehicles as temporary living quarters for recreational and vacation purposes.

"Tree" means any self-supporting woody plants or species which normally grow to an overall height of at

least fifteen (15) feet.

"Trip" means a single or one-way vehicle movement either to or from a subject property or study area.

"Trip ends" means the total of trips entering and leaving a specific land use or site over a designated

period of time.

"Trip generation" means the total number of trip ends produced by a specific land use or activity.

"Use" means the purpose or activity for which land or buildings are designed, arranged or intended, or

for which land or buildings are occupied or maintained.

Use, Principal. "Principal use" means the main or primary purpose for which land or a structure is

designed, arranged or intended or for which it is occupied or maintained.

Use, Temporary. "Temporary use" means a use established for a fixed period of time with the intent to

discontinue such use upon the expiration of the time period.

Utility, Public. "Public utility" means any agency which, under public franchise or ownership, or under

certificate of convenience and necessity, provides the public with electricity, gas, heat, communication,

rail transportation, water, sewage collection, or other similar service.

"Utility services" means establishments engaged in the generation, transmission and/or distribution of

electricity, gas, including water and irrigation systems and sanitary systems used for the collection and

disposal of garbage, sewage and other wastes by means of destroying or processing materials.

"Vehicle repair" means the general repair, alteration, rebuilding, maintenance or reconditioning of

vehicles, including motor, body, frame, upholstery, interior or paint work.

"Vehicle sales lot" means a lot used for display, sale or rental of new or used vehicles, including but not

limited to, automobiles, boats, trailers and recreational vehicles.

"Wholesale" means the bulk sale of goods generally for resale to a person other than the direct

consumer.

"Yard" means a required open space on the same lot with a principal use, unoccupied and unobstructed

by any structure or portion of a structure above the general ground level of the graded lot upward;

provided, however, that fences, walls, poles, posts, other customary yard accessories, ornaments and

furniture or other allowable accessory structures or uses may be permitted in any yard subject to height

limitations and requirements limiting obstruction of visibility.

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Yard, Front. "Front yard" means a required open space extending the full width of the lot between a

building and the front lot line or reservation line.

Yard, Rear. “Rear yard” means the space between the rear yard setback line and the rear lot line,

extending the full width of the lot.

Yard, Side. "Side yard" means a required open space extending from the required front yard to the

required rear yard between a building and the nearest side lot line or reservation line, unoccupied and

unobstructed from the ground upward except as specified elsewhere in this title.

"Zoning" means the dividing of the city into districts or zones and the establishment of regulations

governing the use, placement, spacing and size of land and buildings within each zone or district.

Chapter 17.12 - SUPPLEMENTARY REQUIREMENTS AND PROCEDURES

Sections:

17.12.010 - Intent of chapter.

17.12.020 - Sale or lease of required space prohibited.

17.12.030 - Accessory buildings and uses.

17.12.050 - Storage of trucks in residential zone restricted.

17.12.055 - Accumulation of junk and debris in residential zones prohibited.

17.12.070 - Concessions in public parks and playgrounds.

17.12.090 - Maximum height of fences.

17.12.100 - Clear view of intersecting streets.

17.12.110 - Drainage.

17.12.120 - Effect of street plan.

17.12.130 - Lot access requirements.

17.12.140 - Exception to front and side setback requirements.

17.12.150 - Landscaping required.

17.12.160 - Intent of landscaping requirements.

17.12.170 - Temporary uses and structures.

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17.12.180 - Mobile homes and recreational vehicles—Restrictions on use.

17.12.205 - Conditional use permits.

17.12.210 - Uses prohibited in zones unless expressly permitted.

17.12.215 - Threats to public health and safety.

17.12.220 - Moved buildings.

17.12.230 - Parking regulations.

17.12.240. - Medical marijuana uses.

17.12.250. – Metal storage container boxes.

17.12.260 - Telecommunications towers and antennas.

17.12.010 - Intent of chapter.

The intent of this chapter is to, present regulations which apply to two or more zones rather than to

repeat them several times in those zones. It is not the intent of this chapter to specify uses allowed

within any zone but to set forth supplementary and qualifying conditions which must be complied with

in connection with such uses.

17.12.020 - Sale or lease of required space prohibited.

No space needed to meet the width, yard, areas, coverage, parking frontage on a public street or other

requirements of this title for a lot or building is to be sold, bequeathed, or leased apart from such lot or

building unless other space so complying is provided, nor shall any land be sold which will result in an

existing or future lot for dwelling purpose that does not comply with all of the provisions of this title.

17.12.030 - Accessory buildings and uses.

A. Customary outbuildings, including garages, sheds, swimming pools, satellite earth stations, accessory

buildings, may be located within or maintained as accessory to any building lawfully within the

boundaries of any specified district.

B. Accessory Buildings.

1. Accessory buildings constructed of metal, wood, or block with a roof area exceeding one

hundred twenty (120) square feet may be built in the required rear yard but such accessory

buildings shall not occupy more than thirty (30) percent of the required rear yard. See Section

17.68.010 and section 17.68.020 for setback and separation requirements.

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2. Metal accessory buildings may be built on the property line, provided the roof area does not

exceed one hundred twenty (120) square feet.

3. Accessory buildings shall not exceed the height of the main building.

4. In the case of corner lots, accessory buildings shall be placed at least fifteen (15) feet from

the street side property line.

5. An accessory building shall not be located in the front yard.

6. The minimum separation between an accessory building with a roof area exceeding one

hundred twenty (120) square feet and the main building shall be 10 feet.

C. Swimming Pool Protection. All private or semipublic swimming pools shall not be less than five feet

from the nearest property line and meet the requirements and standards contained in ARS 36-1681.:

D. Satellite Earth Stations.

1. Satellite earth stations that are one and one-half meters (just under five feet) or less in

diameter may be located anywhere on a property with a residential use except in the front yard

or above fifteen (15) feet in height and provided that they meet the setback requirements as

shown in Section 17.68.020 for accessory buildings. Special setbacks apply on corner lots.

2. Larger satellite earth stations are allowed in residential districts provided they are not located

in any front yard or in any required side yard , and provided they meet the required rear setback

requirements for accessory structures as shown in Section 17.68.020 and subject to the

following:

a. They can only be used for private, noncommercial purposes;

b. When these larger earth stations are used by single-family or two-family dwellings

they must be screened from adjacent properties with walls, berms or landscaping.

3. The department shall review and, if found to be in compliance with these regulations, shall

approve satellite earth stations larger than one and one-half meters in diameter in commercial

zoning districts. In commercial districts, any dish antenna may not be placed more than twenty-

five (25) feet above the site's natural grade.

4. In industrial districts, microwave and dish antennas are permitted uses without regulation on

their height, size or screening.

E. Portable Carports.

1. Portable carports shall be permitted in all residential districts subject to the provisions of this

section.

2. Portable carports shall be installed in accordance with the following:

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a. Portable carports must remain open on four sides.

b. Portable carports must be anchored in such a manner as to prevent wind uplift.

c. Portable carports may not be permanently anchored to concrete slabs or footings or

otherwise anchored in a manner that would impede ready removal and portability.

d. All anchoring systems must be inspected and approved by the city building inspector.

3. Portable carports may not encroach into required front or side setbacks when adequate area

and access otherwise exist.

4. Where lot size, area, access, or configuration limitations do not permit the installation of

portable carports without encroaching into the required front, side or rear setbacks,

encroachment may be permitted by the zoning administrator subject to the following:

a. That the applicant obtains consent for the installation of the portable carport in the

proposed location from all abutting property owners.

b. The decision of the zoning administrator may be appealed to the board of

adjustment.

17.12.050 - Storage of trucks in residential zone restricted.

The storage of more than one truck having a rated capacity of one and one-half tons and the storage of

construction equipment such as bulldozers, graders, cement mixers, compressors, dump trucks, etc.,

shall not be permitted on any lot in any residential zone, provided that construction equipment may be

stored on a lot during construction of a building thereon, as evidenced by a valid city building permit,

but not to exceed one year.

17.12.055 - Accumulation of junk and debris in residential zones prohibited.

A. No junk, debris, weeds or untrimmed grass shall be allowed to accumulate on any parcel within a

residential zone. The unenclosed storage of unlicensed or inoperable motor vehicles, parts, building

materials, or other materials shall be prohibited except as specifically permitted herein.

B. The noncommercial unenclosed storage of unlicensed or inoperable motor vehicles, parts, building

materials, other materials necessary for the operation and maintenance of the household is permitted

in single family residential, agricultural residential and conventional and manufactured home zoning

districts, under the following conditions:

1. The total unenclosed storage area shall not exceed two hundred (200) square feet for up to

one acre of lot area. Thereafter, an additional one hundred (100) square feet of unenclosed

storage shall be allowed for each additional acre of lot area up to a maximum of two thousand

(2,000) square feet.

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2. Unenclosed storage shall be confined to the rear one-half of the parcel, and shall not

encroach into any required setback.

3. A wall or opaque fence, between five (5) and six (6) feet in height may be required, at the

discretion of the zoning administrator to screen the storage area and to minimize adverse visual

impact to adjoining properties.

17.12.070 - Concessions in public parks and playgrounds.

Concessions, including but not limited to amusement devices, recreational buildings, and refreshment

stands, shall be permitted in a public park or playground when approved by the city council.

17.12.090 - Maximum height of fences.

No fence or wall shall be constructed higher than three feet above the grade in any required front or

side yard that fronts on a street; provided, however, that fences constructed in side yards that front on

A street may be constructed to a height of six feet when located behind the forward most part of the

main building.

17.12.100 - Clear view of intersecting streets.

In all zones which require a front yard, no obstruction which will obscure the view of automobile drivers

shall be placed on any corner lot within a triangular area formed by the street property lines and a line

connecting them at points thirty-five (35) feet from the intersection of the street property lines.

17.12.110 - Drainage.

Surface water from roof tops shall not be allowed to drain onto adjacent lots.

17.12.120 - Effect of street plan.

Wherever a front or side yard is required for a building, which had been designated by the city as a

future street, the depth of such front or side yard shall be measured from the planned street lines.

17.12.130 - Lot access requirements.

Legal access to a residential lot or parcel may be established by one of three ways. Lot access

requirements are as follows:

A. Adequate frontage upon a public street. At least one side of each lot used as a dwelling site shall

abut upon a public street which will provide access to the dwelling, or

B. Adequate and recorded access to a public street by a private road, the location of which shall be

approved through the large scale development or subdivision platting process and subject to the

following:

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1. Said private road shall not be less than thirty (30) feet in width and shall be paved to

minimum city standards;

2. Where access to a public road for three or more residences is to be provided by way of a

private road, all standards and requirements for subdivisions as contained in the code and

ordinances of the city shall apply;

3. All private roads, for so long as they shall remain private, shall be maintained to the

foregoing standards, and in the event the city is required to perform any maintenance upon the

same for the health and welfare of the people of the city, the said city may assess the cost

thereof against the owners;

4. In no event shall this subsection be construed to allow or permit any private roads to have

guard or gate houses or stalls or other obstructions or impediments of any kind or nature

whatsoever to free and unrestricted access and travel for emergency and other vehicles.

C. A dwelling may be built on a lot which does not front upon a public street, as permitted by the

zoning administrator, subject to the following:

1. The entire front of the building can or will be able to be viewed from a public street;

2. The building is or will be constructed at least twenty-four (24) feet from the nearest

building on the same or adjoining lot;

3. The development will not cause undue concentration of population;

4. It abuts on a permanent, unobstructed easement of access to the lot from a public street, a

minimum width of twenty (20) feet.

The decision of the zoning administrator may be appealed to the board of adjustment.

D. Standards for access points, access to parking facilities and access across parking facilities are in

chapter 17.80 of this title.

17.12.140 - Exception to front and side setback requirements.

The setback from the street for any dwelling located between two existing dwellings in any residential

zone may be the same as the average for said two existing dwellings, provided the existing dwellings are

on the same side of the street, and are located within one hundred fifty (150) feet of each other.

17.12.150 - Landscaping required.

Front yards and side yards of all dwellings which front on public streets must be landscaped except for

the area which is devoted to driveways and off-street parking space. Non-residential landscape

requirements are found in section 17.76.030 of this title.

17.12.160 – Intent of landscaping requirements.

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A. The purpose of the landscaping requirements in this title shall be to enhance, conserve, and stabilize

property values by encouraging pleasant and attractive surroundings and thus create the necessary

atmosphere for the orderly development of a pleasant community. Landscaping also contributes to the

relief of heat, noise and glare through the proper placement of green plants, trees, and desert

landscaping.

B. Required landscaping areas shall be maintained in a neat, clean, orderly and healthful condition. This

includes proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of dead

plants, and the regular watering of all plantings. All landscaped areas for multifamily dwellings shall be

provided with piped water lines terminating in an appropriate number of sprinklers or bibs to insure a

sufficient amount of water to sustain plants within the landscaped areas, except as otherwise permitted

by the zoning administrator.

C. Where landscaping is required in this title, a landscape plan showing the location, size, name of plant

materials, and watering system, shall be submitted to the zoning administrator, except that a landscape

plan shall not be required for one-family or two family dwellings. The same plot plan used to show

parking layout or other requirements for the issuance of a building permit may be used to show

landscaping, provided all proposed landscaping is detailed adequately on said plot plan. The zoning

administrator may disapprove such plans if he or she determines that they are not consistent with the

intent of this title.

D. Any use of property which, on the effective date of the ordinance codified in this title, is

nonconforming only as to the regulations relating to landscaping, may be continued in the same manner

as if the landscaping were conforming.

17.12.170 - Temporary uses and structures.

The following regulations shall govern the operation and use of certain temporary, transitory or

seasonal uses:

A. Application for a temporary use permit shall be made to the zoning administrator, and shall contain

the following information:

1. A legal description of the property to be used, rented, or leased for the temporary use,

including all information necessary to accurately portray the property;

2. A description of the proposed use. Include a description of any possible impacts on nearby

property due to extraordinary noise, odors, lighting, etc.;

3. Plan of development, drawn to scale, which shows all existing and proposed structures with

setbacks from property lines and distance between structures. Show any proposed sanitary

facilities, and parking spaces that are available to service the proposed use;

4. Name and contact information of the applicant and property owner;

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5. Indicate the beginning and ending dates for the temporary use and the hours of operation;

and

6. The number, size and location of any proposed signs.

B. The following temporary uses are permitted in any zone subject to approval by the zoning

administrator and the following specific regulations and time limits, in addition to the regulations of any

zone in which the use is located:

1. Carnival or Circus for a period not longer than fifteen (15) CONSECUTIVE days;

2. Christmas Tree Sales including the display and open-lot sales of Christmas trees for a period

not longer than forty-five (45) days;

3. Contractor's Office and Equipment Sheds incidental to a construction project. The permit

shall be valid for not more than one year and the temporary office and sheds shall be removed

upon completion of the construction project;

4. Real Estate Sales Office. In any new subdivision or large scale development which has been

approved in accordance with city regulations. The permit for such office shall be valid for not

more than one year but is renewable for up to three years by the zoning administrator. The

office shall be removed upon substantial completion of the development as determined by the

zoning administrator. A model home may be used as a temporary sales office;

5. A recreational vehicle, temporarily occupied for a period not to exceed six months, by a

watchman on a permitted construction site;

6. Swap meet for a period of time not longer than fifteen (15) consecutive days; and

7. Outdoor sales event for a period of time not longer than fifteen (15) consecutive days.

C. The following temporary uses are permitted in any commercial or industrial zone subject to approval

by the zoning administrator. The zoning administrator may establish specific regulations in addition to

the regulations of any zone in which the use is located:

1. Mobile food vendor under the following conditions:

a. May occupy a property for a period of time not longer than forty-eight (48) hours and

may not occupy the same property more than ten (10) times in a calendar year.

b. Must display sufficient access, parking and maneuvering space at the site at which the

mobile vendor will operate.

c. Must have written permission of the owner of the property to be used.

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d. Trash receptacles must be provided for customers to dispose of trash related to the

mobile vendor and the vendor is responsible for removing all trash, litter and refuse

from the site at the end of each business day.

2. Farmers market

D. The decision of the zoning administrator may be appealed to the board of adjustment.

E. The site of an approved temporary use shall be returned to the condition it was in, or better, prior to

the operation of the temporary use as soon as possible following the conclusion of the temporary use.

17.12.180 - Mobile homes and recreational vehicles—Restrictions on use.

A. No mobile home built prior to June 15, 1976 shall be placed on any lot, space or parcel within the city

unless it is a renovated mobile home that has been rehabilitated in accordance with the requirements of

the Arizona Office of Manufactured Housing.

B. No mobile home shall be placed on any lot or parcel within the city except in compliance with the

following conditions:

1. A renovated mobile home may be temporarily located on a lot on which a building is being

constructed, for a period not to exceed one year, provided that a bond in the form of a cashier's

check in the amount of three hundred dollars ($300.00) is deposited with the city guaranteeing

the removal of the mobile home from the lot at the end of one year.

2. A renovated mobile home, when placed on a lot or space in an approved mobile park or

subdivision.

3. A renovated mobile home, when placed on a lot or parcel in the MHD zoning district.

C. No recreational vehicle may be occupied as a permanent dwelling unit on any lot or parcel within the

city, and no recreational vehicle may be occupied as temporary living quarters, except when placed on a

designated space within an approved mobile home or travel trailer park or campground or as otherwise

allowed by temporary use permit.

D. Storage of motor homes, travel trailers, camping trailers, other trailers, boats or utility trailers may be

permitted in any residential district provided that the owner of the motor home, travel trailer, camping

trailer, other trailer, boat or utility trailer resides on the property on which it is stored and provided that

there shall be no residential use of the vehicle while it is on the property on which it is being stored.

Such vehicles must be located behind the front line of the primary structure.

17.12.205 - Conditional Use Permits

A. Conditional use permits shall be issued by the council setting forth all qualifying conditions, subject

to the procedures for rezoning found in Section 17.20.040, application for amendment, Section

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17.20.050, public hearing; Section 17.20.060,reconsideration of denied amendments; Section 17.20.070,

protests against amendment .

B. A conditional use permit may be revocable, may be granted for a limited time period, or may be

granted subject to such conditions as the council may prescribe. Conditions may include, but shall not be

limited to, drainage, buffers, fences/walls, landscaping, street dedications and improvements, location

of site access, signs, hours of operation, a development schedule and such other conditions as the

council may deem necessary to insure the compatibility of the use with surrounding development and

uses and to preserve public health, safety and welfare.

C. Only those uses that are specifically described as requiring a conditional use permit may be approved

by conditional use permit.

D. Application.

1. The applicant shall submit a conditional use permit application, with the appropriate fee, on

a form provided for the purpose.

2. Accompanying the application, the applicant shall provide a site plan setting forth the

location of existing and proposed uses which shall also include the following:

a. Name, address and contact information for the applicant, owner and

individual who prepared the plan with the date that the plan was prepared.

b. Scale of the drawing, both written and graphic, with a north arrow

and legal description of the property.

c. All property lines should be dimensioned. existing and proposed

buildings and structures, dimensioned with distances between buildings

and distances to property lines shown.

d. Fully dimensioned parking lot.

e. Arrows indicating the direction of drainage.

f. Information on proposed landscaping on the site plan, or on a separate

plan. Information should include the name, location and size of all

proposed plant materials and the proposed method of permanent

irrigation.

g. Existing and proposed adjacent street rights-of-way.

h. Existing and proposed easements with dimensions.

i. Existing and proposed fire hydrant locations.

j. Locations of outdoor storage.

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k. Height, type and location of proposed walls and fencing.

l. Location, size, and height of all proposed signage.

m. Site summary table including gross and net acreage of site, number of parking

spaces, required and proposed, and percent of lot coverage, allowed and proposed.

3. Accompanying the application, the applicant shall provide a narrative report which shall

include the following:

a. A description of the proposed use and measures taken to minimize any

negative impacts on surrounding property.

b. A schedule for development including phasing, if proposed.

c. Hours of operation.

17.12.210 - Uses prohibited in zones unless expressly permitted.

Uses of land which are not expressly permitted within a zone are expressly prohibited therein, except as

may be permitted by action of the council upon recommendation of the commission pursuant to

express authority given under the terms of this title. Where the zoning administrator determines a use

to be similar to other uses permitted in the zone, such use shall thereafter be deemed to be permitted

just as if it were listed therein on the effective date of the ordinance codified in this title. A decision of

the zoning administrator may be appealed to the board of adjustment.

17.12.215 - Threats to public health and safety.

No use shall be operated in such a manner as to create a hazard to life or property; nor shall there be

emitted into the atmosphere smoke, soot, dust, radiation, odor, noise, vibration, heat, glare, or toxic

fumes to such an extent as to constitute a nuisance to the adjoining property owners; nor shall any

hazardous waste or toxic chemical be discharged into the streets, sanitary sewers and storm drains of

the city.

17.12.220 - Moved buildings.

A. No permit shall be issued for the moving of any residential, commercial or industrial building, which

has had prior use, from one site within the city to another site within the city or from a site outside of

the city to a site within the city, without first filing an application with the zoning administrator.

B. The following information shall be filed with the zoning administrator at the time the application is

made:

1. Location and address of the old and new site;

2. Plot plan of the new location showing adjacent lots on all sides of the property;

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3. Plans and specifications for the proposed improvements at the new location, including plans

for landscape treatment.

C. The application shall then be submitted to the commission for recommendation and council for

approval.

D. Before the council approves an application for the moving of a building onto a lot within the city, it

must find:

1. That the building will have no appreciable detrimental effect on the living environment and

property values in the area into which the structure is to be moved;

2. That the building and the lot on which the building is to be located will conform to the

requirements of this title and building code;

3. That all required dedications and improvements for streets and other facilities shall be

provided in conformity with city standards.

E. The building and grounds shall be brought up to the standards required of new buildings before being

occupied.

F. Before a permit to move a building may be granted, the applicant shall post a bond or other

assurance, as determined by the zoning administrator, to cover costs of bringing the buildings and

grounds up to standard. In the event of failure to comply with conditions required by the zoning

administrator, the council may declare the bond or other assurance forfeited and use the proceeds

therefrom in performing the work.

G. The bond shall also cover the costs involved in cleaning up the vacated site, if it is within the city, and

restoring it to a safe and sightly condition.

17.12.230 - Parking regulations.

The following regulations are established to increase safety and lessen congestion in the public streets,

to provide adequately for parking needs associated with the development of land and increased

automobile usage, to set standards for off-street parking according to the amount of traffic generated

by each use, and to reduce on-street storage of vehicles.

A. Parking for Single family Dwellings (including townhomes). For all single family dwellings and

townhomes hereafter erected, or for any building converted to such use or occupancy, there shall be

provided two parking spaces.

B. Parking for Multiple Dwellings (including condominiums).

1. For multiple dwelling units, three parking spaces shall be provided for each two dwelling units

containing two bedrooms or less, and two parking spaces shall be provided for each apartment

unit containing three or more bedrooms.

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2. For multiple dwellings where the dwelling unit consists of one room in addition to a bathroom

and a kitchen (efficiency), one space shall be provided for each such unit plus one space for

every 4 such units.

3. As a means of encouraging the occupants of multiple dwellings to use the required off-street

parking space in preference to on-street space, entrances to buildings containing multiple

dwellings shall be provided in locations that are as direct and convenient to the required off-

street parking spaces as they are to the fronting streets.

4. For duplex units hereafter erected, or for any building converted to such use or occupancy,

two parking spaces shall be provided for each dwelling.

C. Parking for Places of Public Assembly. For every building or part hereafter erected, or for any building

converted to such uses of occupancy to be used principally as a place of public assembly, or for any

addition thereto, there shall be provided parking space as follows:

1. Churches: One parking space for every five persons for which seating is provided in the main

auditorium, exclusive of the seating capacity of Sunday school and other special rooms;

2. Theaters, auditoriums, arenas, indoor and outdoor stadiums. One parking space for every five

persons for which seating is provided;

3. Bowling alleys, funeral homes, private clubs, fraternal organization, and similar uses: One

parking space for each two hundred (200) square feet of floor area, or fraction thereof, in the

building.

D. Hotels and motels shall have one parking space per room or suite, plus one parking space for each

employee at work on the premises during daylight hours.

E. Hospitals, Rest Homes, Nursing Homes, and Convents. For all hospitals and institutions of religious or

charitable nature, rest homes, nursing homes, and convents hereafter erected, or for any building

converted to such use or occupancy, there shall be provided one parking space for every five beds in the

building, and one parking space for each staff physician, and one parking space for every two

employees.

F. Parking for Schools and other Similar Institutions. For all schools and other similar education

institutions hereafter erected, or for any building connected to such use or occupancy, there shall be

provided one parking space for every two employees including administrators, teachers, and building

maintenance personnel, and one parking space for every ten high school, college, or university students.

G. Parking for Travel Trailer, mobile home, or manufactured home Parks. For all such parks, there shall

be provided one parking space for each mobile home space, manufactured home space or travel trailer

space in such park plus 1 parking space for each 400 square feet of floor area in a recreation hall or

clubhouse.

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H. Office Buildings. For all office buildings hereafter erected, or for any building converted to such use or

occupancy, there shall be provided one parking space for each two hundred fifty (250) square feet of

floor area, or fraction thereof, in the ground level floor of the building, and one parking space for each

three hundred (300) square feet of floor area, or fraction thereof, in other than the ground level floor of

the building.

I. Bars, Dance Halls, Night Clubs. For all bars, dance halls, and night clubs hereafter erected, or for any

building converted to such occupancy, there shall be provided one parking space for each fifty (50)

square feet of floor area (exclusive of non-public areas).

J. Restaurants. There shall be one parking space provided for each seventy-five (75) square feet of floor

area for restaurants, or fraction thereof, exclusive of that area designed for kitchens, rest rooms,

storage, service or for other nonpublic purposes.

K. Other Commercial Buildings. For all other commercial buildings hereafter erected, or for any building

converted to such use, there shall be provided one parking space for each two hundred (200) square

feet of floor area, or fraction thereof, in the ground level floor of the building, and one parking space for

each two hundred fifty (250) square feet of floor area, or fraction thereof, in other than the ground level

floor of the building.

L. Wholesale, Manufacturing and Industrial Buildings. For all wholesale, manufacturing and industrial

buildings hereafter erected, or for any building converted to such use or occupancy, there shall be

provided one parking space for each three employees on the largest working shift.

M. Gymnasiums, health clubs and health studios. For all gymnasiums, health clubs and health studios

hereafter erected, or for any building converted to such use or occupancy, there shall be provided one

parking space for each 400 square feet of floor area plus one parking space for every two employees.

N. Bed and breakfast. For all bed and breakfast establishments hereafter erected, or for any building

converted to such use or occupancy, there shall be provided one parking space for each guest room plus

two spaces for the permanent residents.

O. For outdoor retail uses and retail showrooms there shall be provided one parking space for each 500

square feet of open sales and display area plus one space for each employee.

P. Minimum parking requirements for a use not listed in this section shall be determined by the zoning

administrator with appeal to the board of adjustment.

Q. Handicapped Parking. All parking areas which contain over five required spaces, but less than twenty

(20) parking spaces, shall be provided with one handicapped parking space. Parking areas with more

than twenty (20) spaces shall be provided with two handicapped parking spaces plus one additional

space for every fifty (50) standard parking spaces. In accordance with city policy, American Disability

Standards relating to dimensions and locations shall also apply.

R. Location of Required Parking Spaces. The required parking spaces shall be located as follows:

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1. On the same lot as the use they are intended to serve; or

2. Within four hundred (400) feet of the premises they are intended to serve, if approved by the

council upon recommendation by the commission.

S. Collection Action Relative to Parking. This title shall not be construed to prevent the joint use of

parking spaces for two or more buildings or uses if the total of such spaces when used together is not

less than the sum of spaces required for the various individual buildings or uses computed separately.

T. Each off-street parking space shall consist of a rectangular area not less than 9 feet wide by 18 feet

long. Parking lot design dimensions shall be as follows:

Angle of parking space: 30 45 60 90 (In degrees) Parking stall length 16’ 17’ 18’ 18’ (Measured at right angle to curb) U. Each off-street parking area with more than five (5) parking spaces shall provide an area or areas of

landscaping equal to 10 square feet for each parking space. Such landscaping shall be provided along

the periphery of the parking area and in the interior of the parking area in the form of “islands”, which

shall be a minimum width of 5 feet. Parking area landscaping shall include at least one minimum 15

gallon tree for each 10 parking spaces. in addition, one minimum 15 gallon tree shall be provided in the

interior portions of the parking area for each 5,000 square feet of parking area.

V. Each off-street parking area shall be paved with a minimum of two inches of asphaltic concrete paving

over a four inch aggregate base or equivalent as approved by the city engineer.

W. Curbs shall be installed at a minimum of 5 feet from walls, fences, buildings or other structures. This

requirement excludes driveways that are not a part of the maneuvering area for parking. A curb shall be

installed a minimum of three feet from the edge of driveways that are parallel to block walls or fences.

X. Access to the first parking space in a parking area shall be a minimum of 10 feet from front and street

side property lines.

17.12.240. - Medical marijuana uses.

A. The minimum requirements of this section shall apply to all "medical marijuana dispensary" and

"medical marijuana dispensary offsite cultivation location" uses located in allowable zoning districts.

B. In addition to any other application requirements, an applicant for any "medical marijuana

dispensary" or medical marijuana dispensary offsite cultivation" shall provide the following:

1. A notarized authorization executed by the property owner, acknowledging and consenting to

the proposed use of the property as a medical marijuana dispensary or a medical marijuana

dispensary offsite cultivation location, as applicable.

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2. The legal name of the medical marijuana dispensary or medical marijuana dispensary offsite

cultivation location.

3. If the application is for a medical marijuana dispensary offsite cultivation location, the name

and location of the medical marijuana dispensary with which it is associated.

4. The name, address, and birth date of each officer and board member of the nonprofit medical

marijuana dispensary.

5. The name, address, birth date, and valid registry identification card number of each nonprofit

medical marijuana dispensary agent.

6. A copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c).

7. A notarized certification that none of the nonprofit medical marijuana dispensary officers or

board members has been convicted of any of the following offences:

i. A violent crime as defined in A.R. S. § 13-901.03(B) that was classified as a felony in

the jurisdiction where the person was convicted.

ii. A violation of state or federal controlled substance law that was classified as a felony

in the jurisdiction where the person was convicted except an offense for which the

sentence, including any term of probation, incarceration or supervised release, was

completed ten (10) or more years earlier or an offense involving conduct that would be

immune from arrest, prosecution or penalty under A.R.S. § 36-2811 except that the

conduct occurred before the effective date of that statute or was prosecuted by an

authority other than the state of Arizona.

8. A notarized certification that none of the nonprofit medical marijuana dispensary officers or

board members has served as an officer or board member for a medical marijuana dispensary

that has had its registration certificate revoked.

9. A floor plan showing the location, dimensions and type of security measures demonstrating

that the medical marijuana dispensary or medical marijuana dispensary offsite cultivation

location will be secured, enclosed, and locked as required by law.

10.A scale drawing depicting the property lines and the separations from the nearest property

boundary of the parcel containing the medical marijuana dispensary or medical marijuana

dispensary offsite cultivation location to the property boundary of the parcel containing any

existing uses listed in paragraph E below. If any of the uses are located within fifty (50) feet of

the minimum separation, the drawing, showing actual surveyed separations, shall be prepared

by a registered land surveyor.

C. A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. and not later

than 6:00 p.m.

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D. No products or materials, other than medical marijuana related goods or products, shall be sold or

produced on-site.

E. A "Designated Caregiver" as defined in A.R.S. §36-2801 (5) shall not grow or cultivate marijuana within

twenty-five (25) miles of a medical marijuana dispensary.

F. A medical marijuana dispensary or medical marijuana dispensary offsite cultivation location shall:

1. Be located in an enclosed permanent building and may not be located in a trailer, cargo

container or motor vehicle.

2. Not have a drive-through service.

3. Not emit dust, fumes, vapors or odors into the environment.

4. Not provide offsite delivery of medical marijuana.

5. Prohibit consumption of marijuana in the premises.

6. Not have outdoor seating areas.

7. Display a current City of Safford business license applicable to medical marijuana uses.

G. A medical marijuana dispensary or medical marijuana dispensary offsite cultivation shall meet the

following minimum separations, measured in a straight line from the boundary of the parcel containing

the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location to the

property boundary of the parcel containing any uses listed below:

1. Two hundred fifty (250) feet from any residentially zoned property.

2. Two hundred fifty (250) feet from any other medical marijuana dispensary or medical

marijuana dispensary offsite cultivation location.

3. One thousand (1,000) feet from a residential substance abuse diagnostic and treatment

facility or other residential drug or alcohol rehabilitation facility.

4. Five hundred (500) feet from a public, private, parochial, charter, dramatic, dancing, music,

learning center, or other similar school or educational facility that caters to children.

5. Two hundred fifty (250) feet from a childcare center.

6. Two hundred fifty (250) feet from a public library or public park.

7. Two hundred fifty (250) feet from a church.

8. Two hundred fifty (250) feet from a facility devoted to family recreation or entertainment.

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H. A medical marijuana dispensary offsite cultivation location not associated with a medical marijuana

dispensary is prohibited, and only one medical marijuana dispensary offsite cultivation location shall be

permitted for the single medical marijuana dispensary with which it is associated.

17.12.250 Metal storage container boxes

A. The purpose of this section is to establish the criteria, process, rules and standards for the use of

metal storage container boxes.

B. Metal storage containers are defined as prefabricated, portable metal containers used for storage of

personal property.

C. Metal storage containers as a permanent use in the a-r, r-2, r-3, r1-6, r1-10, C-MH and MHD zones.

1. Up to two 160 square foot metal storage containers may be established with an

approved building permit subject to the following standards.

a. There shall be no signage on the metal storage container.

b. The only utilities permitted shall be communications and electricity for

lights and outlets, i.e. there shall be no plumbing or mechanical. The

addition of electricity requires an electric permit.

c. All containers shall be painted and maintained either the primary

structure color or a pre-approved earth tone color consistent with the

surrounding terrain prior to placement.

d. Metal storage containers are required to be located in the rear yard

only and meet all development standards of the zoning district in which

they are located including setbacks, building separation and structure

height.

e. Use of the unit is for the storage of personal effects owned by the

property owner or tenant. There shall be no commercial use of the unit,

for example rental of the unit to people not residing on the property.

f. The unit shall not be used for residential use or for the keeping of

animals.

g. Nothing shall be stored on top of the unit.

h. Metal storage units shall not be stacked, one on top of the other.

2. Any deviations from these standards may be approved through the approval of a variance by

the board of adjustment.

D. Metal storage containers as a permanent use in the C-1, C-2, C-3, I-1, and I-2 zones.

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1. The equivalent of one 320 square foot metal storage container (for example two 8’x20’

containers or one 8’x40’) may be established with an approved building permit subject to the

following standards.

a. There shall be no signage on the metal storage containers

b. Electric and communications utility may be permitted as part of the

building permit.

c. All containers shall be painted and maintained either the primary

structure color or a pre-approved earth tone color.

d. Metal storage containers are required to meet all development

standards of the zoning district in which they are located including

setbacks.

2. Any deviations from these standards may be approved through the approval of a variance by

the board of adjustment.

E. Metal storage containers as a temporary use during construction in the A-R, R-2, R-3, R1-6, R1-10, C-

MH and MHD zones.

1. Upon the issuance of a building permit, up to two 160 square foot metal storage containers

may be established with approval of a temporary use permit. A temporary use permit is

required prior to the storage containers being located on site and may be issued for up to 18

months at a time. Temporary use permits may be renewed so long as building permit remains in

active status.

2. For non-permit projects (emergency situations related to fire or flood, or remodels), up to

two 160 square foot metal storage containers may be established with a temporary use permit

for up to 9 months. Emergency related projects are subject to a no fee permit. Temporary use

permits for emergency situations may be renewed for an additional 9 month period.

3. Metal storage containers shall be located at least 10 feet from the front and street side

property lines and shall meet side and rear setback requirements for the zoning district in which

they are located. Exceptions may be granted by the zoning administrator.

4. There shall be no utilities installed within the metal storage container.

5. Any deviations from these standards may be approved through the approval of a variance by

the board of adjustment.

F. Metal storage containers as a temporary use during construction in the C-1, C-2, C-3, I-1, and I-2

zones.

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1. Upon the issuance of a building permit metal storage containers may be established with a

temporary use permit. A temporary use permit is required prior to the storage container being

located on site and may be issued for up to 18 months at a time. Temporary use permits may be

renewed so long as building permit remains in active status.

2. For non-permit projects metal storage containers may be established with a temporary use

permit for up to 6 months.

3. Metal storage containers are required to meet all development standards of the zoning

district in which they are located including setbacks, building separation and structure height.

4. There shall be no utilities installed within the metal storage container.

5. Any deviations from these standards may be approved through the approval of a variance by

the board of adjustment.

17.12.260 Telecommunications towers and antennas

A. Purpose. The purpose of this section is to establish general guidelines for the location of wireless communications towers and antennas in the city of Safford. The goals of this section are to:

1. Encourage the location of towers in non-residential areas;

2. Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

3. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflage techniques;

4. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; and

5. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

In furtherance of these goals, the city of Safford shall give due consideration to the general plan, the zoning ordinance and existing land uses in approving sites for the location of towers and antennas. B. Applicability. All new towers and antennas shall be subject to these regulations except for the following:

1. Amateur radio station operators or receive only antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under the maximum building height of the zoning district in which such structure is located and which is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only operations.

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2. Pre-existing towers or antennas. Legally established pre-existing towers and pre-existing

antennas shall not be required to meet the requirements of this ordinance, other than the requirements of sections 17.12.260.C.6 and 17.12.260.C.7.

3. AM array. For purposes of implementing this ordinance, an am array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

4. Satellite earth stations. Satellite earth stations are regulated in section 17.12.030.D of this title and are not further regulated by this section.

C. General requirements.

1. Principal or accessory use: Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

2. Lot size: For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

3. Inventory of existing sites: Each applicant for an antenna and/or tower shall provide to the department an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. Each applicant shall also provide a one-year build-out plan for all other wireless communications facilities within the city. The director may share such information with other applicants applying for conditional use permits under this ordinance or with other organizations seeking to locate antennas within the jurisdiction of the city of Safford provided, however that the director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

4. Aesthetics: Towers and antennas shall meet the following requirements: a. Towers shall, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. b. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials; colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the

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color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

5. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

6. State or federal requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

7. Building codes; safety standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the electronic industries association, as amended from time to time. If, upon inspection, the city of Safford concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

8. Measurement: For purposes of measurement, tower setbacks shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

9. Not essential services: Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.

10. Franchises: Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city of Safford have been obtained and shall file a copy of all required franchises with the director.

11. Signs and flags: No signs or flags shall be allowed on an antenna or tower.

12. Co-location and multiple antenna/tower plans: The city encourages tower and antenna users to submit a single application for approval of multiple towers and/or antenna sites and to submit applications, which utilize co-location with an existing wireless telecommunications provider. Applications for approval of multiple sites or for co-location with an existing provider shall be given priority in the review process.

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13. Security fencing: Towers shall be enclosed by security fencing not less than six (6) feet in height and no more than eight (8) feet in height, shall be constructed of a block or masonry, and shall be equipped with an appropriate anti-climbing device; provided however, that the council may waive such requirements, as it deems appropriate.

14. Landscaping: The following requirements shall govern the landscaping surrounding towers; provided, however, that the council may waive such requirements if the goals of this chapter would be better served thereby.

a. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.

b. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived. c. Existing mature plant growth and natural landforms on the site shall be preserved to the maximum extent possible. D. Permitted uses: The uses listed in this section are deemed to be permitted uses and shall not require a conditional use permit.

1. Antennas or towers located on property owned, leased, or otherwise controlled by the city of Safford provided a license or lease authorizing such antenna or tower has been approved by the city. No such license or lease shall be issued for a tower located within three hundred (300) feet of any residentially zoned property until a public hearing has been held at a regular or special council meeting.

2. Alternative tower structures when such structures and their accompanying equipment are appropriately blended into the surrounding terrain, are within the height limitations of the underlying zoning district and are not nearer than three hundred (300) feet to residentially zoned and platted property.

E. Conditional use permits.

1. The following provisions shall govern the issuance of conditional use permits to towers and

antennas by the council.

a. If the tower or antenna is not a permitted use, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts. b. Applications for conditional use permits under this section shall be subject to the procedures and requirements of section 17.12.205 of this zoning ordinance.

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c. In granting a conditional use permit, the council may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. d. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by an Arizona licensed professional engineer. e. A conditional use permit issued under this section shall be conditioned upon verification by the city staff that such tower structure is structurally sound.

2. Towers. In addition to the information required for conditional use permits pursuant to section 17.12.205 of this title, applicants for a conditional use permit for a tower shall submit the following information:

a. A site plan as required in section 17.12.205 plus zoning, general plan classification of the site and all adjacent properties, adjacent roadways, proposed means of access, elevation drawings of the proposed tower and any other structures, and other information deemed by the director to be necessary to assess compliance with this section. b. The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties. c. The separation distance from other towers described in the inventory of existing sites submitted pursuant to section 17.12.260.c.3 shall be shown on the site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known. d. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination. e. A description of compliance with the requirements of this section and all applicable federal, state and local laws. f. A statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users. g. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

3. Factors considered in granting conditional use permits for towers: The council shall consider the following factors in determining whether to issue a conditional use permit, although the

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council may waive or reduce the burden on the applicant of one or more of these criteria if the council concludes that the goals of this ordinance are better served thereby:

a. Height of the proposed tower; b. Proximity of the tower to residential structures and residentially zoned district boundaries; c. Nature of uses on adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. g. Proposed ingress and egress; and h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures.

4. Availability of suitable existing towers, other structures, or alternative technology: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's a proposed antenna. An applicant shall submit information to the department related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted shall demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna.

F. The following setback requirements shall apply to all towers; provided, however, that the council may reduce the standard setback requirements if the goals of this chapter would be better served thereby:

1. Towers must be set back a distance equal to at least one hundred percent (100%) of the height of the tower from any lot line.

2. Accessory buildings must satisfy the minimum zoning district setback requirements.

G. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of ninety (90) days shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) day period shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower for the prescribed period.

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H. Nonconforming uses.

1. Pre-existing towers: Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this section.

2. Rebuilding damaged or destroyed nonconforming towers or antennas: Notwithstanding other provisions of this chapter, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a conditional use permit and without having to meet the separation requirements specified herein. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval; provided, however, that any destroyed lattice or guyed tower shall be replaced with a monopole structure only. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within ninety (90) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.

Chapter 17.16 - Nonconforming uses and structures

Sections:

17.16.010 - Intent of chapter.

17.16.020 - Nonconforming buildings and uses.

17.16.030 - Nonconforming lots of record.

17.16.010 - Intent of chapter.

The intent of this chapter is to regulate the use, alteration, maintenance, repair, extension and

restoration of buildings and land which lawfully existed at the time of the adoption of this title, but

which do not now conform to the requirements of the district in which they are located.

17.16.020 - Nonconforming buildings and uses.

A. In view of the fact that no further development or change in use can be undertaken contrary to the

provisions of this title, it is the intent of this title that nonconforming uses shall not be increased nor

expanded except where a health or safety official acting in his or her official capacity, requires such

increase or expansion. Such expansion shall be no greater than that which is required to comply with the

minimum requirements as set forth by the health or safety official. Nevertheless, a nonconforming

building or structure or use of land may be continued to the same extent and character as that which

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legally existed on the effective day of the applicable regulations. Repairs may also be made to a

nonconforming building or to a building housing a nonconforming use.

B. A nonconforming building or structure and a building or structure occupied by a nonconforming use

which is damaged or destroyed by fire, flood, other calamity or act of nature, to an extent greater than

fifty (50) percent of its reconstruction or replacement value, as determined by three (3) competent

appraisers, shall not be restored or reconstructed and said building or structure and the use of the land

shall conform to all regulations for the zoning district in which said building or structure is located. The

services of the three (3) appraisers shall be retained by the owner of the building or structure after the

three (3) appraisers are mutually agreed upon by the city and the owner of the building or structure.

C. In the event that restoration of a building or structure occupied by a nonconforming use which is

damaged or destroyed by fire, flood, other calamity or act of nature is allowed, such restoration shall be

started within a period of six months from the date of destruction and shall be diligently prosecuted to

completion. Such restoration shall not increase the floor space devoted to the nonconforming use over

that which existed at the time the building became nonconforming.

D. A nonconforming building or structure or portion thereof or a lot occupied by a nonconforming use

which is, or hereafter becomes, abandoned or is discontinued for a continuous period of six months or

more shall not thereafter be occupied, except by a use which conforms to the regulations of the zone in

which it is located.

E. Any nonconforming use or nonconforming building which has been changed to a conforming use or

building shall not thereafter be changed back to a nonconforming use or building.

F. A nonconforming use of a building or lot shall not be changed to another nonconforming use

whatsoever. Changes in use shall be made only to a conforming use.

G. The provisions pertaining to nonconforming uses of land and buildings shall also apply to land and

buildings which hereafter become nonconforming due to an amendment in this title.

H. Notwithstanding the issuance of a permit therefor, no building which becomes nonconforming upon

the passage of the ordinance codified in this title or which becomes nonconforming due to amendment

to this title shall be built unless construction has taken place thereon to the extent of at least five

hundred dollars ($500.00) in replaceable value by the date on which the ordinance codified in this title

or said amendment becomes effective. "Replaceable value" means the expenditure necessary to

duplicate the materials and labor at market prices.

17.16.030 - Nonconforming lots of record.

Notwithstanding any other provision of this title, a one-family dwelling may be constructed on any lot of

record in any zone in which dwellings are permitted, even though such lot fails to meet the area or

width requirements for one-family dwellings within the zone. Where two or more contiguous lots of

record, having continuous frontage, are owned by the same person at the time of the passage of the

controlling ordinance, the land included in the lots shall be considered to be an undivided parcel and no

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portion of said parcel shall be used as a dwelling site or sold which does not meet the area and width

requirements of the zone in which the lot is located. Yard dimensions and other requirements not

involving area or width shall conform to the regulations of the zone in which the lot is located.

Chapter 17.20 - AMENDMENTS

Sections:

17.20.010 - Authority to initiate amendments.

17.20.020 - Amendments to title and map.

17.20.030 - Type of amendments—Initiation of same.

17.20.040 - Application for amendments.

17.20.050 - Public hearing.

17.20.060 - Reconsideration of denied amendments.

17.20.070 - Protests against amendment.

17.20.010 - Authority to initiate amendments.

The council may, upon the recommendation of the commission, issue conditional use permits, amend,

supplement or change the zoning district boundaries or the regulations. Recommendations may be

initiated by the council or the commission on their own motion, or by petition from the public. No

amendment affecting zoning district boundaries shall be passed until after a public hearing held in

accordance with the requirements of Section 17.20.040 relating to applications.

17.20.020 - Amendments to title and map.

A. This title, including the map, may be amended, but all proposed amendments shall be submitted first

to the commission for its recommendations, which recommendations shall be submitted to the council

for its consideration within a reasonable time.

B. Any person seeking an amendment of this title or map shall submit to the commission a written

application on forms furnished by the department designating the change desired and the reasons

therefore, and shall pay a filing fee to the city. Upon receipt of the application and the payment of the

filing fee, the department shall prepare a report to the commission. The commission shall consider the

request and shall certify its recommendations to the council. The fee required herein shall not be

returned to the applicant. The commission or council may also initiate amendments to this title without

payment of the filing fee.

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c. Citizen review process. In the case of a rezoning application and prior to the publication of the notice

of hearing before the commission, the applicant shall:

1. Submit to the department the names and addresses of the owners of all other property

within 150 feet of the subject property. the applicant shall also provide a copy of the rezoning

application to the owners of property within 150 feet of the subject property as well as other

potentially affected citizens;

2. Hold a neighborhood meeting on the rezoning application. Mailed notice of the meeting

shall be provided at least one week in advance. All other property owners within 150 feet of the

subject property, other affected citizens and the department shall be sent notice of the

neighborhood meeting; and

3. Provide a written report to the department summarizing the comments made at the

neighborhood meeting

D. All amendments to this title shall be made in accordance with the general plan. It is public policy that

this title shall not be amended unless it can be shown that changed or changing conditions make the

proposed amendment reasonably necessary to the promotion of the purposes of this title.

E. Amendments to this title may be adopted only after a public hearing in relation thereto before the

council at which parties in interest and citizens shall have an opportunity to be heard. A notice of the

time and place of such hearing shall be published in a newspaper of general circulation within the city as

required by law.

17.20.030 - Type of amendments—Initiation of same.

A. Text Amendment. The application for an amendment to the text of this title shall state in particular

the article, section, subsection and paragraph sought to be amended. The application for amendment

shall contain the language of the proposed amendment and shall recite the reasons for such proposed

change in the text.

B. Map Amendment. An application which seeks to change or modify the classification imposed upon a

particular piece of property shall describe the particular changes requested and shall state the reasons

for such proposed change.

C. The initiation of a change to the text and/or district map may be accomplished by one of the following

methods:

1. A document signed by a majority of the property owners in the area of proposed change or

their authorized agents; or

2. A majority vote of the council; or

3. A majority vote of the commission.

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17.20.040 - Application for amendments.

Application for amending this title shall be made on a form provided by the department and shall

include the information described in the city's amendment application packet.

17.20.050 - Public hearing.

A. The commission shall hold a public hearing on any zoning ordinance amendment or conditional use

permit which changes any property from one zoning district to another, imposes any regulations not

previously imposed or which removes or modifies any other regulation previously imposed. Procedures

for the public hearing shall be in accordance with A.R.S. 9-462.03 AND A.R.S 9462.04 (Arizona Revised

Statutes) and copies of such procedures shall be included in the amendment application packet.

B. After the hearing, the commission shall render its decision in the form of a written recommendation

to the council. The recommendation shall include the reasons for the recommendation and be

transmitted to the council in a form and manner as may be specified by the council.

C. Upon receiving the report and recommendation of the commission, the council shall render a

decision, and if requested shall hold a public hearing in the time and manner as specified in subsection A

of this section. In addition, the city may give notice of the hearing in any other manner as it may deem

necessary or desirable.

17.20.060 - Reconsideration of denied amendments.

In the event that an application is denied by the council, the commission shall not reconsider the

application nor consider another application for the same amendment of the zoning ordinance applying

to the property described in the original application for at least six months from the date of the denial

provided however, if within a six-month period there has been a bona fide change of ownership to the

property for which the application was made, or a change in circumstances, then the new owner shall be

permitted to apply for a zoning change.

17.20.070 - Protests against amendment.

A. If the owners of twenty (20) percent or more either of the area of the lots included in a proposed

change, or of those immediately adjacent in the rear or any side extending one hundred fifty (150) feet

or of those directly opposite extending one hundred fifty (150) feet from the street frontage of the

opposite lots, file a protest in writing against a proposed amendment, it shall not become effective

except by the favorable vote of three-fourths of all members of the council. If any members of the

council are unable to vote on such a question because of a conflict of interest, then the required number

of votes for passage of the question shall be three-fourths of the remaining membership of the council,

provided that the required number of votes shall not be less than a majority of the full membership.

B. Notwithstanding the provisions of this title, a decision by the council involving rezoning of land which

is not owned by the municipality and which changes the zoning classification of such land may not be

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enacted as an emergency measure and such change shall not be effective for at least thirty (30) days

after final approval of the change in classification by the council.

Chapter 17.24 - ZONING DISTRICT DESIGNATED

Sections:

17.24.010 - Zones established.

17.24.020 - Official zone map.

17.24.030 - Boundaries of zones.

17.24.040 - Regulations within zones.

17.24.010 - Zones established.

In order to carry out the purposes of this title, the city is divided into zones as follows:

R1-10 Single-family residential zoning district

R1-6 Single-family residential zoning district

R-2a Duplex residential zoning district

R-2 Multiple-family residential zoning district

A-R Agricultural-residential zoning district

C-MH Conventional and manufactured home district

MHD Manufactured home development district

C-1 General commercial zoning district

C-2 Highway commercial zoning district

C-3 Light commercial zoning District

DT Downtown overlay zoning district

IND-1 Light industrial zoning district

IND-2 Heavy industrial zoning district

P-F Public facilities zoning district

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17.24.020 - Official zone map.

A. The location and boundaries of each of the zones are shown on the official zone map of the city and

the map is declared to be an official record and a part of this title, and the official zone map and all

notations, references and other information shown thereon shall be identified by the signature of the

mayor and attested to by the city clerk and shall be as much a part of this title as if the matters and

other information set forth by said map were fully described therein.

B. Whenever amendments or changes are made in zone boundaries, such amendments or changes shall

be made on the official zone map promptly. No amendment or change shall become effective until after

it has been properly noted and attested to on the official zone map.

C. No changes of any nature shall be made in the official zone map except in conformity with the

procedure set forth in this title. Any unauthorized change of whatever kind by any person or persons

shall be considered a violation of this title and punishable as provided in this title.

D. Regardless of the existence of purported copies of the official zone map which may from time to time

be made or published, the official zone map which shall be located in the office of the director shall be

the final authority in determining current zoning status.

17.24.030 - Boundaries of zones.

Where uncertainty exists with respect to the boundaries of various zones, the following rules shall apply:

A. Where the intended boundaries on the official zone map are approximately street or alley lines, said

street or alley lines shall be construed to be the zone boundaries.

B. Where the indicated boundaries are approximately lot lines, said lot lines shall be construed to be the

zone boundaries unless otherwise indicated.

C. Where land has not been subdivided into lots, the zone boundary shall be determined by the use of

the scale of measurement shown on the official zone map.

D. Where other uncertainty exists, the zoning administrator shall interpret the official zone map, but any

amendment to the zoning map shall be subject to chapter 17.20 of this title.

E. In establishing initial zoning, the city shall adopt zoning classifications that permit densities and uses

no greater than those permitted by the county immediately before annexation. Subsequent changes in

zoning of the annexed territory shall be made according to existing established procedures for the

rezoning of land.

17.24.040 - Regulations within zones.

Within each of the zones, the use, location, height and size of buildings and structures, the use of land

and size of lots, yards, courts and other open spaces and the density are regulated as set forth in the

following chapter of this title.

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Chapter 17.28 - R1-10 Single Family Residential District

Sections:

17.28.010 - Purpose.

17.28.020 - Use requirements.

17.28.030 - Other requirements.

17.28.010 - Purpose. The purpose of this zoning district is to promote and preserve urban single-family

residential developments on lots with a minimum area of ten thousand (10,000) square feet. The

principal use permitted in this zoning district is single-family dwelling with customary accessory buildings

and uses.

17.28.020 - Use requirements.

A. No use shall be permitted which will emit any offensive odor, dust or noise beyond the boundaries of

the lot upon which such use is located.

B. Permitted uses include:

1. One conventional single-family dwelling on any lot or parcel;

2. Public utility buildings and facilities when necessary for serving the surrounding territory, and

providing that no public business offices and no repair or storage facilities are maintained

therein;

3. Public and parochial schools and institutions of higher education and private educational

institutions offering a curriculum of general instruction comparable to public schools;

4. Churches, convents, and parish houses except temporary revival tents or buildings;

5. Public parks, public recreational grounds, public buildings;

6. Flower and vegetable gardening, and orchards, provided no business shall be carried on upon

the premises and provided further that no obnoxious fertilizer be stored and no obnoxious soil

renovation shall be carried on upon the premises;

7. Home occupations subject to the following:

A. The home occupation is clearly incidental and subordinate to the residential use of

the property;

B. The home occupation contributes to the comfort, convenience or necessity of the

occupants of the residence;

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C. The home occupation is located on the same lot or parcel as the residence with

which it is associated;

D. There is no nonresident employee working at the home occupation site;

E. There is no outdoor storage of equipment, raw or finished goods or other material

used in connection with the home occupation on the home occupation site;

F. The home occupation site shall not be used for overnight parking; of customer’s

vehicles;

G. Parking associated with the home occupation shall occur on the home occupation

site or on the street immediately in front of the home occupation residence and in no

instance shall said parking obstruct residences adjacent to or nearby the home

occupation site;

H. The home occupation shall not generate traffic, parking, sewerage or water in excess

of what is normal in the residential neighborhood;

I. The home occupation shall not create a hazard to person or property, result in

electrical interference, or produce offensive noise, vibration, smoke, dust, odors, heat or

glare;

J. The home occupation shall be conducted entirely indoors and it shall not change the

outside appearance of the dwelling or negatively impact the residential character of the

neighborhood or the health, safety or welfare of the neighbors;

K. For the purpose of this regulation, the following uses shall not be considered valid

home occupations: On-site vehicle repair, commercial warehousing or storage (indoor

or outdoor) or manufacturing of products using hazardous materials or equipment not

typically found in a household setting;

l. All activity related to the home occupation shall be limited to between the hours of

eight a.m. and five p.m.;

M. The operator of the home occupation shall obtain a business license

from the city of Safford;

N. A sign is permitted as provided in section 17.82.060.d of this title and

O. Home occupations that meet the requirements of this section and other related

requirements of this regulation shall be approved by the zoning administrator. The

decision of the zoning administrator may be appealed to the board of adjustment.

8. Animals which are considered customary household pets with the following limitations:

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(a) Up to three dogs, cats, or other small mammals exclusive of animals under the age

of six months, provided that horses, cows, goats, and other hoofed animals shall not be

permitted;

(b) up to twelve (12) birds, six of which may be chickens (roosters are not allowed)

provided they are kept within a fully enclosed building or accessory building, and which

do not create odor or sound which is detectable on an adjoining lot.

9. Bed and breakfast establishments subject to the approval of a conditional use permit.

10. Group homes for the handicapped and elderly care provided that:

1. No such home is located on a lot that is within 1,200 feet of another group home for

the handicapped or elderly care.

2. No such home contains more than ten (10) residents.

3. Such home is licensed by the state of Arizona Department of Health.

4. Such home is registered with the community development department

which shall verify compliance with the requirements of this ordinance.

C. Security light(s) providing a lighting source shall not be seen from adjoining property and they shall

comply with the light pollution code.

17.28.030 - Other requirements.

A. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height and size of buildings, and the percentage of the

lot that may be occupied shall be as set forth in Chapter 17.68 of this title relating to the R1-10 zone.

B. See also Chapter 17.12 for supplementary requirements and procedures applicable within zones.

Chapter 17.32 - R1-6 Single Family Residential District

Sections:

17.32.010 - Purpose.

17.32.020 - Use requirements.

17.32.030 - Other requirements.

17.32.010 - Purpose.

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The purpose of this zoning district is to promote and preserve urban single-family residential

development on lots with a minimum area of six thousand (6,000) square feet. The principal use

permitted in this zoning district is single-family dwelling with customary accessory buildings and uses.

17.32.020 - Use requirements.

The use requirements are the same as those in the R1-10 zoning district.

17.32.030 - Other requirements.

A. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height and size of buildings, and the percentage of the

lot that may be occupied shall be as set forth in Chapter 17.68 of this title relating to the R1-6 zone.

B. See also Chapter 17.12, Supplementary Requirements and Procedures.

Chapter 17.34 - R-2A Duplex Residential District

Sections:

17.34.010 - Purpose.

17.34.020 - Objectives and characteristics of zone.

17.34.030 - Permitted uses.

17.34.040 - Other requirements.

17.34.010 - Purpose.

The purpose of this zoning district is to provide for suitable and appropriate duplex housing in locations

which are suitable and appropriate.

17.34.020 - Objectives and characteristics of zone.

The R-2A residential zone covers the portion of the city which is primarily suited for residential

development, represented by a mixture of one-family and two-family dwellings plus parks, playgrounds,

schools, churches, and other community facilities designed to serve the residents of the zone. This zone

is characterized by a more compact and somewhat denser residential development than is allowed in

the R1-10 residential zone.

17.34.030 - Permitted uses.

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A. No use shall be permitted which will emit any offensive odor, dust, or noise beyond the boundaries of

the lot upon which such use is located.

B. Permitted uses include:

1. Any use permitted in the R1-10 and R1-6 districts;

2. Two-family dwellings;

3. Accessory buildings.

17.34.040 - Other requirements.

A. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height and size of buildings, and the percentage of the

lot that may be occupied shall be as set forth in Chapter 17.68 of this title relating to the R-2 zone.

B. Lot area per dwelling unit. The minimum lot area per dwelling unit shall be three thousand (3,000)

square feet for each dwelling unit.

C. See also: Chapter 17.12, supplementary requirements and procedures.

Chapter 17.36 - R-2 Multiple Family Residential District

Sections:

17.36.010 - Purpose.

17.36.020 - Objectives and characteristics of zone.

17.36.030 - Permitted uses.

17.36.040 - Other requirements.

17.36.010 - Purpose.

The purpose of this zoning district is to provide for suitable and appropriate multi-family housing in

locations which are suitable and appropriate.

17.36.020 - Objectives and characteristics of zone.

The R-2 residential zone covers the portion of the city which is primarily suited for residential

development, represented by a commingling of one-family, two-family and multi-family dwellings plus

parks, playgrounds, schools, churches, and other community facilities designed to serve the residents of

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the zone. This zone is characterized by a more compact and denser residential development than is

allowed in the R1-10, R1-6 and R-2A residential zones.

17.36.030 - Permitted uses.

A. No use shall be permitted which will emit any offensive odor, dust, or noise beyond the boundaries of

the lot upon which such use is located.

B. Permitted uses include:

1. Any use permitted in the RI-10, R1-6 and R-2A districts;

2. Nursery schools;

3. Multi-family dwellings;

4. Boarding and lodging houses;

5. Rest homes, nursing homes, and convents provided that any of these uses containing more

than ten (10) beds will require the approval of a conditional use permit.

6. Accessory buildings.

17.36.040 - Other requirements.

A. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height and size of buildings, and the percentage of the

lot that may be occupied shall be as set forth in Chapter 17.68 of this title relating to the R-2 zone.

B. Lot Area Per Dwelling Unit. The minimum lot area per dwelling unit shall be two thousand square feet

per dwelling unit for the first three dwelling units and one thousand (1,000) square feet for each

additional dwelling unit.

C. See also: Chapter 17.12, Supplementary Requirements and Procedures.

Chapter 17.40 - A-R Agricultural Residential District

Sections:

17.40.010 - Purpose.

17.40.020 - Use requirements—Permitted uses.

17.40.030 - Other requirements.

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17.40.010 - Purpose.

The purpose of this zoning district is to represent those areas of the community set aside especially for

families wishing to maintain a few head of livestock in an otherwise residential environment. In order to

protect the health of the zone's inhabitants and to prevent the emission of excessive odor and dust,

limitations as to the number of animals are requested. It can be expected that a certain amount of odor

and dust will be present, and the people who choose to live in this zone should bear this in mind.

17.40.020 - Use requirements—Permitted uses.

Permitted uses include:

A. One conventional or manufactured dwelling per lot or parcel;

B. Churches, convents, and parish houses except temporary revival tents or structures;

C. Livestock limited to domestic use, family food production, and youth projects (swine are only allowed

as part of a youth project);

D. Raising of crops, including vegetable garden plots;

E. Temporary pasturing. For the purpose of this regulation, temporary pasturing shall mean the

pasturing of animals for not longer than three (3) consecutive months in any one year time period.

F. Raising of bees for domestic use only with approval of a conditional use permit;

G. Home occupation subject to compliance with the regulations in Chapter 17.28.020.B.7

H. Hospitals and institutions of an educational, religious; charitable or philanthropic nature, homes for

the aged, convents, nursing homes, and convalescent homes provided that any of these uses containing

more than ten (10) beds will require the approval of a conditional use permit.

I. Plant nurseries and greenhouses for the propagation, cultivation and distribution of plants on the

premises;

J. Public and parochial schools and institutions of higher education, and private educational institutions;

K. Public utility buildings and facilities when necessary for serving the surrounding territory provided

that no public business office and no repair or storage facilities are maintained therein;

L. Roadside stands offering for sale only garden and orchard products produced on the premises;

M. Accessory buildings subject to Chapter 17.12;

N. Quarters for farm workers or caretakers employed on the premises subject to approval of a

conditional use permit;

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O. Livestock buildings and corrals for the keeping of livestock, provided such corrals are located in the

rear yard and set back a distance of not less than forty (40) feet from any residential dwelling.

P. Bed and breakfast establishments subject to the approval of a conditional use permit.

17.40.030 - Other requirements.

A. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height and size of buildings and the percentage of the

lot that may be occupied shall be as set forth in Chapter 17.68 of this title relating to the A-R zone.

B. See also: Chapter 17.12, Supplementary Requirements and Procedures.

Chapter 17.44 - C-MH Conventional and Manufactured Home District

Sections:

17.44.010 - Purpose.

17.44.030 - Use requirements.

17.44.010 - Purpose.

The purpose of this zoning district is to provide a district where single-family conventional and

manufactured homes may be interspersed.

17.44.030 - Use requirements.

A. Permitted uses include:

1. One (1) single family detached dwelling per lot or parcel.

2. One (1) manufactured home per lot or parcel.

3. Home occupations in accordance with the regulations in chapter 17.28.020.B.7.

4. Animals which are considered customary household pets with the following limitations: (a) up

to three dogs, cats, or other small mammals exclusive of animals under the age of six months,

provided that horses, cows, goats, and other hoofed animals shall not be permitted; (b) up to

twelve (12) birds, six of which may be chickens (roosters are not allowed) provided they are kept

within a fully enclosed building or accessory building, and which do not create odor or sound

which is detectable on an adjoining lot.

5. Churches.

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6. Parks.

7. Security light(s), provided the light source shall not be seen from adjoining property and shall

comply with the outdoor lighting regulations found in chapter 15.32, the outdoor lighting code.

8. Bed and breakfast establishments with the issuance of a conditional use permit.

B. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height and size of buildings, and the percentage of the

lot that may be occupied shall be as set forth in Chapter 17.68 of this title relating to the C-MH zone.

C. See also: Chapter 17.12, Supplementary Requirements and Procedures.

Chapter 17.46 – MHD Manufactured Home Development District

Sections:

17.46.010 - Purpose.

17.46.020 - Use requirements.

17.46.030 - Other requirements.

17.46.010 - Purpose.

The purpose of this zoning district is to provide a residential district exclusively set aside for

development related to nonconventional dwelling units, including manufactured homes subdivisions,

manufactured home parks, travel trailer parks and the placement of manufactured homes as permanent

dwelling units on individual lots or parcels. The district also provides for the continued use of mobile

homes as permanent dwellings in existing mobile home parks, mobile home subdivisions and on

individual parcels.

17.46.020 - Use requirements.

A. Permitted Uses. No use shall be permitted which will emit any offensive odor, dust or noise beyond

the boundaries of the lot or space upon which such use is permitted.

1. One mobile or manufactured home as a permanent dwelling unit on any individual lot or

parcel.

2. One mobile or manufactured home as a permanent dwelling on any lot within an approved

mobile or manufactured home subdivision, subject to the development standards in section

17.72.120 of this title.

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3. Mobile home parks and manufactured home parks subject to the development standards in

section 17.72.110 of this title.

4. Travel trailer parks subject to the development standards in section 17.72.130 of this title.

5. Home occupations in a mobile or manufactured home subdivision or a mobile home or

manufactured home on an individual parcel subject to the regulations in chapter 17.28.020.B.7

6. Animals which are considered customary household pets with the following limitations: (a) up

to three dogs, cats, or other small mammals exclusive of animals under the age of six months,

provided that horses, cows, goats, and other hoofed animals shall not be permitted; (b) up to

twelve (12) birds, six of which may be chickens (roosters are not allowed) provided they are kept

within a fully enclosed building or accessory building, and which do not create odor or sound

which is detectable on an adjoining lot.

7. Churches.

8. Parks.

9. Security light(s) providing a lighting source shall not be seen from adjoining property and they

shall comply with the light pollution code.

B. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height and size of buildings, and the percentage of the

lot that may be occupied shall be as set forth in Chapter 17.68 of this title relating to the MHD zone.

C. See also: Chapter 17.12, Supplementary Requirements and Procedures.

Chapter 17.48 - C-1 General Commercial District

Sections:

17.48.010 - Purpose.

17.48.020 - Use requirements—Permitted uses.

17.48.030 - Specific requirements.

17.48.040 - Other requirements.

17.48.010 - Purpose.

The purpose of this zoning district is to provide for general commercial uses appropriate to a central

business district or regional shopping center.

17.48.020 - Use requirements—Permitted uses.

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Permitted uses include:

A. Retail stores;

B. Antique stores;

C. Commercial art galleries;

D. Restaurants and bars;

E. Bakeries;

F. Banks;

G. Clothing and costume rental;

H. Barber and beauty shops;

I. Tailor and cleaning-pressing establishments;

J. Key and gun shops;

K. Photographic shops;

L. Fix-it shops—home appliances, saws, mowers;

M. Repair shops—Clock, radio, electronic, optical, precision, musical instruments;

N. Dancing, art, music and business schools;

O. Enclosed theaters;

P. Other like businesses when approved by the zoning administrator. The zoning administrators decision

may be appealed to the board of adjustment;

Q. Accessory buildings;

R. Nursery schools;

S. Clubs, private;

T. Office for medical, financial, real estate, religious, legal, construction, and business professional or

semi-professional;

U. Churches.

17.48.030 - Specific requirements.

A. The maximum building height shall be forty-five (45) feet.

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B. There shall be no minimum lot area.

C. Activities shall be conducted entirely within an enclosed building with no outside storage or display.

D. There shall be no storage of merchandise, materials, equipment or junk outside of enclosed buildings

or fences except for automobiles or other vehicles in running order.

E. The operation shall not emit odor, noise, fumes, smoke or vibration beyond the zoned lot boundaries.

F. A majority of the products are sold at retail on premises.

G. All outdoor lighting shall be hooded or shielded to deflect the source of light away from residential

districts and shall comply with all of the requirements of the outdoor lighting code which is chapter

15.32 of the city of Safford code of ordinances.

H. Nonconforming Residences shall comply with R-2 requirements.

I. Any new commercial development on property adjoining a residential zone shall provide a sight-

obscuring fence, five (5) to six (6) feet in height, or other satisfactory buffer to protect the neighboring

residential zone. The buffer which the developer proposes shall be clearly indicated on the building

permit application.

J. Residential dwellings shall be allowed only when located above the ground floor provided the ground

floor is designed and used exclusively for a commercial purpose permitted in the zone. R-2 density

standards shall apply.

17.48.040 – Other requirements.

A. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height and size of buildings, and the percentage of the

lot that may be occupied shall be as set forth in Chapter 17.68 of this title relating to the C-1 zone.

B. All windows and doors of a vacant structure shall provide a window display or covering that is

aesthetically pleasing and belies the fact that the building is vacant.

C. Windows that are “boarded up” or have security shutters shall be decorated in a manner that is

consistent with the character of those surrounding buildings that are not boarded up. Expanded metal

is not an acceptable material.

D. upon receipt of a notice of noncompliance with this section, the property owner shall have ninety

(90) days in which to provide the window display or covering.

E. See also: Chapter 17.12, Supplementary Requirements and Procedures.

Chapter 17.52 – C-2 Highway Commercial District

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Sections:

17.52.010 – Purpose.

17.52.020 – Use requirements—Permitted uses.

17.52.030 – Specific requirements.

17.52.040 – Other requirements.

17.52.010 – Purpose.

The purpose of this zoning district is to provide for commercial uses and services generally maintained in

central business district fringe areas where the density of traffic and building area is not conducive to

desirable residential living. This district encourages heavier commercial establishments intended for

highway locations.

17.52.020 – Use requirements—Permitted uses.

Permitted uses include:

A. Uses permitted in the c-1 zoning district;

B. Retail and wholesale stores;

C. Farm equipment and heavy machinery;

D. New and used car sales, service and rentals;

E. Secondhand goods;

F. Automobile, trailer, boat, airplane and parts, sales room and lot;

G. Nursery and greenhouse;

H. Nightclubs, subject to the approval of a conditional use permit;

I. Feed stores;

J. Public auction in enclosed building (livestock not included);

K. Pet shop;

L. Newspaper and printing office;

M. Service shops: Shoe or bicycle repair, tool or cutlery;

N. Nursing home;

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O. Hospital and clinic for small animals;

P. Bowling alley, pool, billiard room;

Q. Miniature golf course;

R. Practice golf driving tee and putting range;

S. Drive-in theater;

T. Art metal and ornamental iron shops;

U. Cabinet, carpenter, upholstery;

V. Ceramics;

W. Glazing, picture framing;

X. Plumbing, heating, ventilating, refrigeration;

Y. Sheet metal, tinsmith;

Z. Locksmith, gunsmith;

AA. Sign painting;

BB. Garments, fabric, carpet, furniture cleaning and dyeing, but all solvents, shampoos, detergents and

other agents shall be noncombustible and nonexplosive having a rating of five or under by the

Underwriters Laboratories;

CC. Hotels and motels;

DD. Warehouse confined to closed building;

EE. Travel trailer park subject to the approval of a conditional use permit and development in

accordance with the requirements in section 17.72.130 of this title;

FF. Trade school with outdoor welding;

GG. Service station, automobile and truck repair with body and fender and paint shop if confined to a

closed building;

HH. Tire recapping if confined to a closed building;

II. Public garage and parking;

JJ. Lumber yard, but not milling and planing operation;

KK. Liquor stores;

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LL. Medical marijuana dispensary, subject to the requirements found in section 17.12.240;

MM. Dwellings when located above the ground floor, provided the ground floor is designed and used

exclusively for a commercial purpose permitted in the zone;

NN. Restaurants including restaurants with drive-up windows and outdoor dining;

OO. Car wash;

PP. Mini-warehouse, subject to the approval of a conditional use permit;

QQ. Swap meets;

RR. Other like businesses when approved by the zoning administrator. The zoning administrator’s

decision may be appealed to the board of adjustment.

17.52.030 – Specific requirements.

A. The maximum building height shall be forty-five (45) feet.

B. There shall be no minimum lot area.

C. All outdoor lighting shall be hooded or shielded to deflect source of light away from residential

districts and shall comply with all of the requirements of the outdoor lighting code which is Chapter

15.32 of the city of Safford code of ordinances.

D. Nonconforming residences shall comply with R-2 requirements.

E. Any new commercial development on property adjoining a residential zone shall provide a sight-

obscuring fence, five (5) to six (6) feet in height or other satisfactory buffer to protect the neighboring

residential zone. The buffer which the developer proposes shall be clearly indicated on the building

permit application.

17.52.040 – Other requirements.

A. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height and size of buildings and the percentage of the

lot that may be occupied shall be as set forth in Chapter 17.68 of this title relating to the C-2 zone.

B. All windows and doors of a vacant structure shall provide a window display or covering that is

aesthetically pleasing and belies the fact that the building is vacant.

C. Windows that are “boarded up” or have security shutters shall be decorated in a manner that is

consistent with the character of those surrounding buildings that are not boarded up. Expanded metal

is not an acceptable material.

D. Upon receipt of a notice of noncompliance with this section, the property owner shall have ninety

(90) days in which to provide the window display or covering.

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E. See also: Chapter 17.12, Supplementary Requirements and Procedures.

Chapter 17.56 – C-3 Light Commercial District

Sections:

17.56.010 – Purpose.

17.56.020 – Use requirements—Permitted uses.

17.56.030 – Specific requirements.

17.56.040 – Other requirements.

17.56.010 – Purpose.

The purpose of this zoning district is to serve as a buffer between residential districts and commercial or

industrial districts. The district permits a mixture of uses intended to provide a low-scale residential

character to protect and enhance adjacent residential districts.

17.56.020 – Use requirements—Permitted uses.

Permitted uses include:

A. Uses permitted in the r-2 zoning district

B. Home occupations as provided in Section 17.28.020.B.7

C. Office uses related to any of the following occupations:

1. Government, including branch post office,

2. Medical offices, including pharmacy if located on the same property,

3. Administrative,

4. Accounting,

5. Writing,

6. Clerical,

7. Graphic art,

8. Galleries and studios,

9. Real estate,

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10. Research,

11. Education,

12. Drafting,

13. Barber shop,

14. Beauty shop,

15. Clubs, private;

D. Headquarters buildings; charitable, philanthropic and welfare organizations, provided that their

primary activities are administrative and clerical rather than residential in nature.

E. Other neighborhood retail uses, including restaurants, provided building frontage is 60 feet or less in

width and the total floor area is less than 6,000 square feet.

F. Church.

G. Pre-school.

H. Other like uses when approved by the zoning administrator. The zoning administrator’s decision may

be appealed to the board of adjustment.

17.56.030 – Specific requirements.

A. The maximum building height shall be thirty (30) feet for two stories.

B. Minimum Lot area: No minimum for non-residential use and 6,000 square foot minimum lot area for

residential use.

C. Activities shall be conducted entirely within an enclosed building.

D. There shall be no storage of merchandise, materials, equipment or junk outside of enclosed buildings.

E. The operation shall not emit odor, noise, fumes, smoke or vibration beyond the zoned lot boundaries.

F. All outdoor lighting shall be hooded or shielded to deflect the source of light away from residential

districts and shall comply with all of the requirements of the outdoor lighting code which is Chapter

15.32 of the city of Safford code of ordinances.

G. Any new commercial development on property adjoining a residential zone shall provide a sight-

obscuring fence or other satisfactory buffer to protect the neighboring residential zone. The buffer

which the developer proposes shall be clearly indicated on the building permit application.

17.56.040 – Other requirements.

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A. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height and size of buildings, and the percentage of the

lot that may be occupied shall be as set forth in Chapter 17.68 of this title relating to the C-3 zone.

B. All windows and doors of a vacant structure shall provide a window display or covering that is

aesthetically pleasing and belies the fact that the building is vacant.

C. Windows that are “boarded up” or have security shutters shall be decorated in a manner that is

consistent with the character of those surrounding buildings that are not boarded up. Expanded metal

is not an acceptable material.

D. Upon receipt of a notice of noncompliance with this section, the property owner shall have ninety

(90) days in which to provide the window display or covering.

E. See also: Chapter 17.12, Supplementary Requirements and Procedures.

Chapter 17.58 Downtown Overlay Zoning District

Sections:

17.58.010 Purpose

17.58.020 Permitted and prohibited uses

17.58.030 Procedures

17.58.040 Design standards and requirements

17.58.050 Landscape and streetscape requirements

17.58.060 Density, building and yard regulations

17.58.010 Purpose.

The purpose of this overlay zoning district is to maintain and enhance the character of the historic

buildings within the downtown area, promote the development of new buildings that are compatible

with the character of the historic downtown, provide a high quality pedestrian oriented retail

environment and support the downtown area as a vibrant economic hub of the community.

17.58.020 Permitted and prohibited uses.

A. Uses permitted in the downtown overlay zoning district shall be only those uses permitted by the

zoning districts with which the overlay district is combined, except as herein provided.

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B. Residential units are permitted when located above the ground floor or behind the commercial frontage. C. Outdoor patios and seating areas are encouraged to add to the pedestrian environment at the street. 17.58.030 Procedures. Downtown overlay zoning shall be established in accordance with the procedures in section 17.20 of this title. Downtown overlay zoning may be combined with any commercial zoning district. After the initial establishment of downtown overlay zoning, it may be expanded or contracted in accordance with the procedures in section 17.20 of this title, but at no time shall non-contiguous downtown overlay zoning be established. 17.58.040 Design standards and requirements. A. General requirements for renovation or new construction is as follows:

1. New construction or reconstruction shall be compatible with the materials, features, size, scale, and proportions, and massing of nearby historic structures.

2. New construction shall sensitively maintain the rhythm of the established street wall.

3. Replacement doors and windows and/ or new doors and windows shall match as closely as possible, those of the original building or those of adjacent buildings (in the case of new construction).

4. Whenever possible, outdoor utilities shall be screened or relocated. Mechanical equipment shall be screened from public view.

5. New buildings shall open directly onto the street or pedestrian space.

6. All new required off-street parking spaces shall be located in the rear or to the side of structures to reduce visibility from public streets and the interruption of the pedestrian environment within the downtown area.

7. Bicycle parking facilities shall be encouraged and should be located near the pedestrian space and building entrances.

8. Building entrances should be linked to the public sidewalk where possible with textured pavement, landscaping, street furniture, canopies or trellises. B. Standards for outdoor sidewalk cafes are as follows: 1. Outdoor sidewalk cafes may extend into the sidewalk portion of the public right-of-way.

2. Outdoor sidewalk cafes must not obstruct sidewalk pedestrian traffic or create public health and safety hazards.

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3. Roof material covering an outdoor café may extend into the public right-of-way from the face of the building a maximum of ten (10) feet but in no way shall the covering extend over street parking spaces or the vehicle travel lane of the adjacent roadway.

4. A definable decorative barrier element which physically separates the outdoor café seating area from adjacent pedestrian traffic shall be provided. The design and materials of such barrier element must compliment and be compatible with the architectural design of the restaurant building façade.

5. Decorative/accent lighting may be incorporated into the outdoor café structure, awning or canopy and must meet all city code requirements.

C. Vacant buildings. The appearance of vacant buildings does not contribute to the creation of a pedestrian

environment in the downtown area. Since vacant buildings may inhibit the growth of the retail environment, special provisions are necessary to mitigate the impact of vacant buildings in the downtown area. Buildings within the downtown area shall give the appearance of use. The following regulations shall apply to all vacant retail space and are in addition to other requirements.

1. All windows and doors of a vacant structure shall provide a window display or covering that is

aesthetically pleasing and belies the fact that the building is vacant. 2. Windows that are “boarded up” or have security shutters shall be decorated in a manner that

is consistent with the character of those surrounding buildings that are not boarded up. Expanded metal is not an acceptable material.

3. Upon receipt of a notice of noncompliance with this section, the property owner shall have

ninety (90) days in which to provide the window display or covering. 17.58.050 Landscape and streetscape requirements. A. Landscaping shall comply with the requirements of sections 17.12.150 and 17.12.160 of this title. B. Streetscape requirements. Benches, street lights, trash receptacles, street signs, planters, pots or other containers and tree grates

shall all be consistent in style and compatible with the character of the active development in the

downtown overlay zoning district.

17.58.060 Density, building and yard regulations.

A. There is no minimum lot size.

B. The maximum building height shall be forty-five (45) feet.

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C. There is no front yard, side yard or street side yard minimum setback, other than that which may be

required by the city building code.

D. The minimum rear yard setback shall be zero (0) feet, unless the property backs onto residentially

zoned property in which case the minimum rear yard setback shall be equal to that of the adjacent

residential zoning.

E. The maximum lot coverage shall be one hundred percent (100%).

F. The minimum distance between buildings shall be zero (0) feet or as required by the city building

code.

Chapter 17.60 – IND-1 LIGHT INDUSTRIAL DISTRICT

Sections:

17.60.010 – Purpose.

17.60.020 – Use requirements—Permitted uses.

17.60.030 – Specific requirements.

17.60.040 – Other requirements.

17.60.010 – Purpose.

The purpose of this zoning district is to provide for light industrial uses, such as laboratories, light

manufacturing, light industry, in locations which are suitable and appropriate, taking into consideration

the land uses on adjacent or nearby properties, access to major streets or highways, rail service or other

means of transportation, and the availability of public utilities.

17.60.020 – Use requirements—Permitted uses.

Permitted uses include:

A. Manufacturing, machining, processing, assembly, compounding, binding, tooling, cleaning, equipping,

printing, publishing, fabricating, mixing, , baking cooking, glazing, weaving, knitting, sewing;

B. Research and testing laboratories;

C. Warehouse;

D. Motion picture production, radio, and television studios;

E. Distribution plant, ice and cold storage plant, beverage bottling plant, water distillation and bottling;

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F. Building materials sales yard, including the sale of rock, sand, gravel, but not including the production

of rock, sand and gravel;

G. Contractor’s equipment sales yard or plant, or rental of equipment commonly used by contractors;

H. Freighting or truck yard or terminal;

I. Public utility service yard;

J. Medical marijuana dispensary offsite cultivation location subject to the requirements found in Section

17.12.240;

K. Other like uses when approved by the zoning administrator. The zoning administrators decision may

be appealed to the board of adjustment;

17.60.030 – Specific requirements.

A. The maximum building height shall be forty-five (45) feet.

B. There shall be no minimum lot area.

C. No use shall be operated in such a manner as to cause a fire hazard or explosion, nor shall there be

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 any hazardous material or toxic

chemical be discharged into the streets, sanitary sewers or storm drains of the city.

D. All outside storage of material or equipment shall occupy the rear one-half of the lot or that part of

the lot behind the front of the building if screened by a solid fence or wall.

F. All activities pertaining to the actual manufacture or processing of the product involved shall be

conducted entirely within an enclosed building.

G. All outdoor lighting shall be hooded or shielded to deflect the source of light away from residential

districts and shall comply with all of the requirements of the outdoor lighting code which is chapter

15.32 of the city of Safford code of ordinances.

H. Any new industrial development on property adjoining a residential zone shall provide a sight-

obscuring fence or other satisfactory buffer to protect the neighboring residential zone. The buffer

which the developer proposes shall be high enough to screen any outdoor storage, but not higher than

ten feet. If no outdoor storage is proposed, the solid fence or wall shall be five to six feet in height. All

proposed walls and fences shall be clearly stated on the building permit application.

17.60.040 – Other requirements.

A. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height and size of buildings, and the percentage of the

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lot that may be occupied, shall be as hereinafter set forth in Chapter 17.68 of this title pertaining to the

IND-1 zone.

B. See also: Chapter 17.12, Supplementary Requirements and Procedures.

Chapter 17.64 – IND-2 HEAVY INDUSTRIAL DISTRICT

Sections:

17.64.010 – Purpose.

17.64.020 – Use requirements.

17.64.030 – Specific requirements.

17.64.040 – Other requirements.

17.64.010 – Purpose.

The purpose of this zoning district is to provide for general industrial uses in locations which are suitable

and appropriate, taking into consideration land uses on adjacent or nearby properties, access to a major

streets or highways, rail service or other means of transportation, and the availability of public utilities.

17.64.020 – Use requirements.

A. Permitted Uses.

1. A building or premises may be used for any industrial use not in conflict with any ordinance of

the city except that no building occupancy permit shall be issued for any industrial use until and

unless the location of such use and site plan for such use shall have been approved by the

council after report from the commission, which during its investigation may secure reports

from the fire department, the county health officer, and the city engineer.

2. Permitted uses as stated in light industrial IND-1 zoning district are permitted in the IND-2

zone.

B. Off-street parking shall be as provided in Chapter 17.12

17.64.030 – Specific requirements.

A. The maximum building height shall be forty-five (45) feet.

B. There shall be no minimum lot area.

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C. No use shall be operated in such a manner as to cause a fire hazard or explosion, nor shall there be

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.

D. All outside storage of material or equipment shall occupy the rear one-half of the lot or that part of

the lot behind the front of the building if screened by a solid fence or wall.

E. All activities pertaining to the actual manufacture or processing of the product involved shall be

conducted entirely within an enclosed building.

F. All outdoor lighting shall be hooded or shielded to deflect the source of light away from residential

districts and shall comply with all of the requirements of the outdoor lighting code which is chapter

15.32 of the city of Safford code of ordinances.

G. Any new industrial development on property adjoining a residential zone shall provide a sight-

obscuring fence or other satisfactory buffer to protect the neighboring industrial zone. The buffer which

the developer proposes shall be high enough to screen any outdoor storage, but not higher than ten

feet. If no outdoor storage is proposed, the solid fence or wall shall be five to six feet in height. All

required walls and fences shall be clearly indicated on the building permit application.

17.64.040 – Other requirements.

A. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height and size of buildings, and the percentage of the

lot that may be occupied, shall be as hereinafter set forth in this title pertaining to the IND-2 zone.

B. See also: Chapter 17.12, Supplementary Requirements and Procedures.

Chapter 17.66 P-F Public Facilities Zoning District

Sections: 17.66.010 Purpose and intent 17.66.020 Permitted uses 17.66.030 Specific requirements 17.66.040 – Other requirements.

17.66.010 Purpose and intent. The purpose of the public facilities zoning district is to accommodate governmental, public and semi-public uses including utility, recreational, and educational facilities. The intent of these regulations is to

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ensure high quality development, preserve appropriate sites for permitted uses and insure compatibility with surrounding uses. 17.66.020 Use requirements - Permitted uses. Permitted uses include: A. Airports and heliports, subject to the approval of a conditional use permit; B. Cemeteries, columbariums and related facilities; C. Commercial uses incidental and accessory to other listed uses (such as concession stands); D. Community gardens; E. Cultural centers; F. Educational institutions, including charter schools and private schools, provided they offer a curriculum of general instruction similar to public schools; G. Government offices and other public buildings and grounds; H. Historical landmarks; I. Libraries and museums; J. Municipal golf courses; K. Public parks and recreational facilities; L. Public utility and government maintenance and storage yards subject to the approval of a conditional use permit; M. Public utility buildings and offices; N. Public utility facilities such as water tanks, pumping plants and electric substations subject to securing a conditional use permit; O. Public drainage facilities; P. Public auditoriums and stadiums subject to the approval of a conditional use permit. 17.66.030 Specific requirements. A. The maximum building height shall be forty five (45) feet or three (3) stories. Permitted uses that exceed the maximum building height shall be allowed with the approval of a conditional use permit. B. There shall be no minimum lot area.

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C. All outdoor storage shall be screened from adjacent residentially zoned property by a solid fence or wall a minimum height of 6 feet and a maximum height of 10 feet. D. All outdoor lighting shall be hooded or shielded to deflect the source of light away from residential

zoning districts and shall comply with all of the requirements of the outdoor lighting code which is

chapter 15.32 of the city of Safford code of ordinances.

E. All portions of the site not occupied by a building, outdoor storage of materials and equipment, parking or facilities related to the principal use of the site shall be landscaped. 17.66.040 – Other requirements.

A. Requirements and restrictions pertaining to area and width of lots, the location of buildings and

structures, the size of yards and open space, the height of buildings and the percentage of the lot that

may be occupied shall be as set forth in Chapter 17.68 of this title relating to the P-F zone.

B. See also: Chapter 17.12, supplementary requirements and procedures.

Chapter 17.68 – SIZE AND SETBACK REGULATIONS

Sections:

17.68.010 – Summary of zoning regulations.

17.68.020 – Examples of plot plans.

17.68.010 – Summary of zoning regulations.

Requirements and regulations pertaining to area and width of lots, size of yards, and open spaces,

percentage of lot that may be occupied and the height of buildings shall be as follows:

R1-10 Single-family residential zoning district; Single-family dwellings, schools, parks, churches, public

utility buildings and accessory buildings.

Front yard setback: 20 Side yard setback: 7 Street side setback: 15 Rear yard setback: 20 Maximum lot coverage: 35% Minimum lot area: 10,000 sq. ft. Minimum lot width: 100 Lot area per dwelling unit: 10,000 sq. ft. / d.u. Building height in feet: 30 Building height in stories: 2

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Parking requirements: 2/dwelling R1-6 Single-family residential zoning district; Single-family dwellings, schools, parks, churches, public

utility buildings and accessory buildings.

Front yard setback: 20 Side yard setback: 7 Street side setback: 15 Rear yard setback: 20 Maximum lot coverage: 40% Minimum lot area: 6,000 sq. ft. Minimum lot width: 60 Lot area per dwelling unit: 6,000 sq. ft./ d.u. Building height in feet: 30 Building height in stories: 2 Parking requirements: 2/dwelling R-2a Duplex residential zoning district; Two-family residences and R1-10/R1-6 uses. Front yard setback: 20 Side yard setback: 7 Street side setback: 15 Rear yard setback: 20 Maximum lot coverage: 50% Minimum lot area: 6,000 sq. ft. Minimum lot width: 60 Lot area per dwelling unit: 3,000 sq. ft. / d.u. Building height in feet: 30 Building height in stories: 2 Parking requirements: 2/dwelling R-2 multiple-family residence zoning district; R1-10, R1-6 and R-2a uses, multiple family dwellings, boarding and lodging houses, nursing homes and convents. Front yard setback: 20 Side yard setback: 7 Street side setback: 15 Rear yard setback: 20 Maximum lot coverage: 50% Minimum lot area: 6,000 sq. ft. Minimum lot width: 60 Lot area per dwelling unit: 2, 000 sq. ft. / d.u. for first 3 dwellings; 1,000 sq. ft. /d.u. thereafter Building height in feet: 40 Building height in stories: 3 Parking requirements: Varies, see section 17.12.230.b

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A-R Agricultural residence zoning district; Single-family dwellings, churches, livestock limited to domestic use, raising of crops, hospitals and roadside stands. Front yard setback: 20 Side yard setback: 7 Street side setback: 15 Rear yard setback: 20 Maximum lot coverage: 40% Minimum lot area: 43, 560 sq. ft. Minimum lot width: 145 Lot area per dwelling unit: 43,560 sq. ft. /d.u. Building height in feet: 30 Building height in stories: 2 Parking requirements: 2 /dwelling C-MH Conventional and manufactured home zoning district; Conventional single-family dwellings or manufactured homes on individual lots. Front yard setback: 20 Side yard setback: 7 Street side setback: 15 Rear yard setback: 20 Maximum lot coverage: 40% Minimum lot area: 6,000 sq. ft. Minimum lot width: 60 Lot area per dwelling unit: 6,000 sq. ft./d.u. Building height in feet: 30 Building height in stories: 2 Parking requirements: 2/dwelling MHD Manufactured home zoning district; Manufactured home and mobile home parks, manufactured home and mobile home subdivisions, with one manufactured home or mobile home on each approved space or lot, travel trailer parks. Front yard setback: 20 Side yard setback: 7 Street side setback: 15 Rear yard setback: 15 Maximum lot coverage: 40% Minimum lot area: 5,000 sq. ft. Minimum lot width: 40 Lot area per dwelling unit: 5,000 sq. ft. / d.u. Building height in feet: 30 Building height in stories: 2 Parking requirements: 2/dwelling Note: The above requirements are for dwellings on lots or parcels and not dwellings in rental parks. For requirements for rental parks see section 17.72.

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C-1 General commercial zoning district; Retail stores, restaurants, repair shops, banks, other like businesses. Front yard setback: 0 or same as adjacent residential zoning Side yard setback: 0 or same as adjacent residential zoning Street side setback: 0 or same as adjacent residential zoning Rear yard setback: 0 or same as adjacent residential zoning Maximum lot coverage: 100% Minimum lot area: No minimum Minimum lot width: No minimum Lot area per dwelling unit: R-2 zoning standards apply* Building height in feet: 45 Building height in stories: 3 Parking requirements: Varies *Residential use in this zone is very limited. Refer to section 17.48.030.J. C-2 Highway commercial zoning district; Retail stores, farm equipment and heavy equipment, hotels and motels, service stations and the like. Front yard setback: 0 or same as adjacent residential zoning Side yard setback: 0 or same as adjacent residential zoning Street side setback: 0 or same as adjacent residential zoning Rear yard setback: 0 or same as adjacent residential zoning Maximum lot coverage: 100% Minimum lot area: No minimum Minimum lot width: No minimum Lot area per dwelling unit: R-2 zoning standards apply* Building height in feet: 45 Building height in stories: 3 Parking requirements: Varies * Residential use in this zone is very limited. Refer to section 17.52.020. C-3 light commercial zoning district; R-2 uses, home occupations, offices for government, research, real estate, drafting and other like businesses. Front yard setback: 0 or same as adjacent residential zoning Side yard setback: 0 or same as adjacent residential zoning Street side setback: 0 or same as adjacent residential zoning Rear yard setback: 0 or same as adjacent residential zoning Maximum lot coverage: 50% Minimum lot area: No minimum Minimum lot width: Commercial use: No minimum, residential use: 60 feet Lot area per dwelling unit: R-2 zoning standards apply Building height in feet: 30 Building height in stories: 2

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Parking requirements: Varies DT Downtown overlay zoning district; C-1, C-2 and C-3 uses and outdoor dining. Front yard setback: 0 or as required by building code Side yard setback: 0 or as required by building code Street side setback: 0 or as required by building code Rear yard setback: 0 or same as adjacent residential zoning Maximum lot coverage: 100% Minimum lot area: No minimum Minimum lot width: No minimum Lot area per dwelling unit: R-2 zoning standards apply Building height in feet: 45 Building height in stories: Not regulated Parking requirements: Varies I-1 Light industrial zoning district; Manufacturing, machining, warehouse, radio stations, distribution plants, freighting and other like uses. Front yard setback: 0 or same as adjacent residential zoning Side yard setback: 0 or same as adjacent residential zoning Street side setback: 0 or same as adjacent residential zoning Rear yard setback: 0 or same as adjacent residential zoning Maximum lot coverage: 100% Minimum lot area: No minimum Minimum lot width: No minimum Lot area per dwelling unit: N/A Building height in feet: 45 Building height in stories: 3 Parking requirements: Varies I-2 heavy industrial zoning district; I-1 uses and any additional industrial uses as approved by the council. Front yard setback: 0 or same as adjacent residential zoning Side yard setback: 0 or same as adjacent residential zoning Street side setback: 0 or same as adjacent residential zoning Rear yard setback: 0 or same as adjacent residential zoning Maximum lot coverage: 100% Minimum lot area: No minimum Minimum lot width: No minimum Lot area per dwelling unit: N/A Building height in feet: 45 Building height in stories: 3 Parking requirements: Varies P-F Public facilities zoning district; Governmental, public and semi-public uses including utility, recreational, and educational facilities and other like uses.

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Front yard setback: 0 or same as adjacent residential zoning Side yard setback: 0 or same as adjacent residential zoning Street side setback: 0 or same as adjacent residential zoning Rear yard setback: 0 or same as adjacent residential zoning Maximum lot coverage: 100% Minimum lot area: No minimum Minimum lot width: No minimum Lot area per dwelling unit: N/A Building height in feet: 45 Building height in stories: 3 Parking requirements: Varies 17.68.020 - Examples of plot plans.

The following diagrams show examples of plot plans:

Figure 17.68.020

EXAMPLE OF PLOT PLAN—Manufactured Home Subdivision

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Figure 17.68.020

EXAMPLE OF PLOT PLAN—Manufactured Home Rental Park

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Figure 17.68.020

EXAMPLE OF PLOT PLAN—CONVENTIONAL HOME, NO ALLEY

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Figure 17.68.020

EXAMPLE OF PLOT PLAN—CONVENTIONAL HOME, ON ALLEY

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Chapter 17.72 - LARGE SCALE DEVELOPMENT

Sections:

17.72.010 - Purpose.

17.72.020 - Permitted developments—Review and approval.

17.72.030 – General description of process.

17.72.040 – Preliminary plan of development – Submittal requirements.

17.72.050 - Requirements applying to all large scale developments.

17.72.060 – Design criteria.

17.72.070 - Additional documents.

17.72.080 – Commission review.

17.72.090 – Approval, denial or return of preliminary plans of development.

17.72.092- Denial of the preliminary plan of development – Appeal to the council.

17.72.100 – Recommend change of zone.

17.72.110 – Duration of preliminary plan of development approval.

17.72.120 – Final plan of development and documents.

17.72.130 – Phased construction permitted.

17.72.140 –Issuance of building permit.

17.72.150 – Guarantees and safeguards.

17.72.160 - Planned unit developments—Specific standards.

17.72.170 - Mobile home or manufactured home parks—Specific standards.

17.72.180- Mobile home or manufactured home subdivisions—Specific standards.

17.72.190- Travel trailer parks —Specific standards.

17.72.200 - Community master plan – Specific standards

17.72.010 - Purpose.

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The purpose of this chapter is to establish development policies, procedures and standards necessary to

review land development proposals in a timely manner and to ensure that land development is properly

planned and executed with due consideration for public utilities, facilities and services, surroundings and

environment, and general public health, safety and welfare. The provisions of this chapter will provide

for more flexibility in land development and result in urban development which is more efficient in the

use of land. These regulations will allow a better quality of living environment than could otherwise be

obtained under restrictions imposed on a lot-by-lot basis.

17.72.020- Permitted developments—Review and approval.

The following large scale developments shall be permitted upon compliance with all applicable

regulations and restrictions, including design standards (city of Safford code) and municipal utilities

policies (Title 13, city of Safford code). Upon review and approval of a preliminary plan of development

by the commission and upon approval of the final plan of development by the council, the approved

plan shall constitute the zoning requirements as applied to the land covered by the development:

A. Planned unit developments;

B. Manufactured home parks;

C. Manufactured home subdivisions;

D. Travel trailer parks;

E. Community master plans, subject to the standards in section 17.72.200 of this title.

17.72.030- General description of process.

Any person wishing to construct a large scale development shall obtain from the department

information pertaining to the city's plan of land use, streets, public facilities, and other requirements

affecting the land within and around the development. Before a permit can be issued for any

construction connected with a large scale development, a preliminary plan of development covering the

entire development must be submitted, together with documents pertaining to the development, for

approval by the commission and a final plan of development covering any part of the plan to be

constructed must be approved by the council. If the large scale development will be a subdivision, the

approval of a plat is also required prior to the issuance of permits.

17.72.040- Preliminary plan of development - submittal requirements.

A. Twelve (12) copies of the preliminary plan of development shall be prepared and submitted to the

department for review. If revisions are necessary, two copies of the revised preliminary plan of

development must be submitted to the department at least thirty (30) days prior to the meeting of the

commission when the commission will consider the plan.

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B. The preliminary plan of development shall be on a sheet or sheets of twenty-four (24) by thirty-six

(36) inch proportions, drawn to a scale not smaller than one inch equals one hundred (100) feet, or as

recommended by the department, and shall show the following information:

1. Type and name of development;

2. Name, and address and contact information of owner, applicant and designer;

3. Date of preparation and date submitted;

4. Scale of plan (written and graphic) and north point;

5. Legal description of tract;

6. Zoning boundary lines and zone designation of the subject property and in the area

surrounding the development;

7. Proposed street, driveway, and building site layout; include existing and proposed street

right-of-way dedications.

8. Typical street cross-sections;

9. Profiles of all streets and roads showing direction of surface drainage. Profiles must be shown

on separate sheets but at the same scale as the preliminary plan of development;

10. Existing and proposed public utility (power and gas) lines easements, etc.;

11. Location and size of existing and proposed water mains, gas mains, and fire hydrants;

12. Location and size of existing and proposed sewers;

13. Bridge, drain pipes, and culverts;

14. Existing and proposed storm drains;

15. Proposed reservations for parks, playgrounds, and open spaces;

16. Types of dwellings and other buildings and structures and the general location of said

buildings and structures on the building site;

17. Preliminary drawings of floor plans of typical dwellings, along with elevations of such

dwellings and other buildings;

18. General planting plans showing the areas to be landscaped and the types of plants to be

used;

19. Size and character of recreation buildings and other structures proposed for the land, and

facilities to be used by the occupants and guests of the occupants of the development;

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20. Tabulations showing:

a. Area of land within the development (gross and net),

b. Number of dwelling units permitted,

c. Number of dwelling units proposed in the development,

d. Percent of net area to be devoted to parks and playgrounds,

21. Location of parking spaces,

22. Comply with material specifications as per city standards;

23. Any other data that the department or commission may require in order to enable it to

understand the proposal.

24. The director may modify or reduce the submittal requirements when, in his opinion, such

change is warranted due to the complexity and scale of the project.

17.72.050- Requirements applying to all large scale developments.

The following conditions and requirements shall apply to all large scale developments:

A. In the event that the land contained within a large scale development is traversed by a proposed

collector or arterial street shown on the general plan, said development shall be designed in accordance

therewith, and the right-of-way across the development for said collector and arterial streets shall be

dedicated to the public.

B. All areas not covered by buildings, or by off-street parking space or driveways, shall be landscaped

and maintained in accordance with good landscape practices. Permanent sprinkler systems shall be

installed, when recommended by the commission with the approval of the preliminary plan and/or

approved by the council with the approval of the final plan, to provide for irrigation of planted areas.

C. The plan must be prepared by a licensed architect, landscape architect, civil engineer, or surveyor as

required by the laws of the state of Arizona.

D. Ownership of private open space reservations shall be established in a manner acceptable to the

council and made a part of the conditions of the plan approval.

E. Size of community facilities and the quality of materials shall comply with city standards.

17.72.060- Design criteria.

A. There shall be architectural unity and harmony within each large scale development and with the

surrounding area.

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B. Grouping and spacing of buildings and structures shall provide for a restful and uncrowded

environment.

17.72.070 - Additional documents.

The following documents shall also be submitted with the preliminary plan of development:

A. A declaration of management policies, covenants, and restrictions setting forth the responsibilities

and duties of the renters, owners or occupants within the large scale development;

B. An agreement between the developers and the city stating among other things:

1. That the developer will construct the project in accordance with approved plans;

2. That in the event of failure or neglect on the part of the owners, successors or assigns to

maintain the common areas, landscaping and other improvements in good condition, and in

addition to any other rights, the city may perform the necessary maintenance work and for that

purpose may enter in upon the land and do said work and charge the cost thereof, including

reasonable attorney's fees, against the owners or their successors or assigns;

3. That the contract shall be binding upon the heirs, assigns, receivers, successors of the project

for the life of the buildings and project;

4.That no building shall be allowed to be constructed in the open space shown on the plan,

except for recreation buildings, as shown on the final plan of development approved by the

council;

5. If any of the land or buildings contained within a large scale development are to be divided

into two or more separately owned units, a property owners association or a trust must first be

established which will insure proper maintenance of the common facilities. Such property owner

association or trust must be approved by the council and by the city attorney as to form. It is

unlawful to divide any large scale development into two or more separately owned units unless

such property owner association or trust has been established which will provide, among other

things, that each owner shall be subject to a prorated charge for the maintenance of the

common property, that said charge shall constitute a lien upon said property in the event of the

owner's failure or neglect to pay his or her pro rata share, and that the association or trust will

assume the responsibility for maintaining the development premises in the event of the failure

of any member of said association to pay his or her pro rata share. It is unlawful for a property

owners association or trust to discontinue the maintenance of the development premises. In

case of failure or neglect to comply with the conditions and regulations as herein established

and as specifically made applicable to a large scale development, such failure or neglect shall be

deemed to constitute a violation of this title. The city may also recover costs resulting from such

failure or neglect by civil action;

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6. Any other conditions that the commission recommends and the council approves as being

reasonably necessary to carry out the intent of the large scale development.

17.72.080- Commission review.

The commission shall review the proposed preliminary plan of development for any large scale

development. In considering the plans, the commission shall make sure:

A. That the development is consistent with the general plan for the city;

B. That the development will constitute a living environment of sustained desirability and stability;

C. That the development will not produce a volume of traffic beyond the capacity of the surrounding

street system;

D. That requirements for utilities, off-street parking, traffic circulation and other public requirements

will be adequately met; and

E. That the design criteria and intent of this title shall be adequately complied with.

17.72.090- Approval, denial or return of preliminary plans of development.

Within sixty (60) days of the date of application acceptance, the commission shall hold a public hearing

to review and consider the preliminary plan of development and documents. The commission shall

either approve them as submitted, deny them as submitted or refer them back to the developer for one

or more of the following reasons:

A. The development has been found to be inconsistent with either this title or the general plan;

B. City staff requires that certain specific changes be made in the plans;

C. The plans or documents have not been completed;

D. Inadequate utility supply.

E. Any other circumstance, issue or reason which is significant enough to require that the plan not be

approved at this time.

17.72.092- Denial of the preliminary plan of development – Appeal to the council.

A. Denial of the preliminary plan of development by the commission may be appealed to the council.

The appeal must be filed with the city clerk’s office no later than 30 days from the date the commission

acted to deny the preliminary plan of development.

B. The council shall consider the appeal at a duly noticed public hearing. The council may grant the

appeal (approve the preliminary plan of development), deny the appeal (uphold the decision of the

commission to deny the preliminary plan of development) or remand the preliminary plan of

development back to the commission for consideration of a revised plan.

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17.72.100- Recommend change of zone.

Upon approval of the preliminary plan of development for a large scale development, the commission

shall, if necessary, recommend to the council that the zoning map be amended. The recommended

zoning shall be a classification that permits the land uses proposed by the intended large scale

development. The council shall hold a public hearing thereon in accordance with Section 17.20.050 of

this title and at the same time as the consideration of the final plan of development.

17.72.110- Duration of preliminary plan of development approval.

Approval of the preliminary plan of development shall be valid for one year unless changing conditions

require said approval to be rescinded by the commission, in which case notice of such actions shall be

given to the owners of the property.

17.72.120- Final plan of development and documents.

Within one year after approval of the preliminary plan of development, the developer shall submit to

the department for review prior to consideration by the council, a final site plan of either the entire

large scale development or the first stage of such development. Such plan shall:

A. Conform to the approved preliminary plan of development;

B. Include all appropriate dimensions and easements, including the precise location of all utilities,

streets, parking, parks, and other improvements;

C. Include a landscape plan. Refer to section 17.76.030.B of this title for standards;

D. Contain all of the information required by this title, as well as all applicable information and plans

required by the subdivision and building code ordinances of the city;

E. Properly signed documents shall also be presented with the final plan;

F. Development of boundary lines fully balanced and closed, and tied to an established city or county

survey monument, with the location and description of all monuments, lot corners and other survey

points in place.

17.72.130- Phased construction permitted.

Development may be carried out in progressive phases in large scale developments, in which event each

phase shall be so planned that the requirements and intent of this title shall be fully complied with at

the completion of each phase.

17.72.140- Issuance of building permit.

No permits for construction shall be issued within said large scale development until the final plan of

development has been approved by the council and the final plan of development and the documents

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required in 17.72.150 below are filed in the office of the county recorder. One copy of the final plan shall

be retained in the office of the director.

17.72.150- Guarantees and safeguards.

C. In order to insure continued maintenance of a large scale development, the developer shall record

both the declaration of management policies and the agreement between the city and the developer in

the office of the county recorder.

17.72.160- Planned unit developments—Specific standards.

A planned unit development (PUD) shall be combined with the residential zoning district that is most

appropriate for the proposed use. The following supplementary and additional standards shall apply to

a planned unit development:

A. Not less than ten percent of the gross area of the development shall be designated as common open

space which may be left as landscaped open area or developed for parks and playgrounds for the use of

occupants. The land covered by roads and off-street parking and the yards surrounding buildings which

constitute open space pertinent to individual dwelling units shall not be included in computing the

required area for common open space.

B. In addition to dwellings, the development may include schools, churches, club houses, or other

nonprofit or public recreation buildings, and other uses which may be permitted by the zoning. In a

planned unit development containing thirty-five (35) or more dwelling units, the development may also

include a retail convenience center which shall be sized to meet the needs of this project and other

residential development in the immediately surrounding area.

C. The development shall contain not less than two acres.

D. The number of dwelling units shall be limited to ten units per acre for townhouse developments and

sixteen (16) units per acre for condominiums.

E. The dwelling units may be situated in one or more buildings, provided the total number of dwelling

units does not exceed the number of dwelling units permitted on one acre multiplied by the number of

acres within the development. The buildings may also be clustered and individual lot sizes may be

reduced below the requirements of the zoning.

F. No building shall be constructed closer than ten feet to another building.

G. Whenever a planned unit development is on the opposite side of a street from one or more existing

dwellings, then front and side yard setback requirements pertaining to the land across the street shall

also apply to the frontage within the development.

H. The city prefers that all streets be public streets. If the city approves Private streets they shall be at

least thirty (30) feet in width; I. All streets and parking spaces shall be hard surfaced and constructed to

minimum city construction standards and specifications.

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J. Property development standards in excess of the minimum standards herein specified may be

imposed where it is determined by the council that such increased standards are necessary in order to

ensure that the development will mesh harmoniously with adjoining or nearby uses of property and are

necessary to accomplish the intent of planned unit developments. In the event that a developer does

not desire to comply with the requirements of this chapter in obtaining approval of his or her

development, he or she may develop his or her land in accordance with the requirements of the existing

zone in which the development is located.

K. A setback of twenty (20) feet shall be provided on all public streets, and such setbacks shall be

landscaped. Building setbacks from private streets shall be as shown on the approved plan.

L. A minimum setback of fifteen (15) feet shall be provided on the periphery of the development (non-

street sides).

M. A minimum of two off-street parking spaces shall be provided for each dwelling unit. In addition, a

separate area may be required for the parking of boats, travel trailers, and recreation vehicles, providing

at least one hundred eighty (180) square feet of parking area for each dwelling unit of the development.

N. Maximum building height shall be thirty (30) feet or two stories.

O. In the event that the land contained within development is traversed by a proposed collector or

arterial street shown on the general plan, said development shall be designed in accordance therewith,

and the right-of-way across the development for said collector and arterial streets shall be dedicated to

the public.

P. With the exception of proposed variations in standards, the planned unit development shall comply

with all of the requirements of the subdivision regulations.

17.72.170- Mobile home or manufactured home parks—Specific standards.

Wherever the term “mobile home” appears in this chapter it shall be taken to also mean “manufactured

home”. Wherever the term mobile home park is used in this chapter, it shall be taken to also mean

“manufactured home park.” The following supplementary and additional standards shall apply to mobile

home parks:

A. A mobile home park shall be located adjacent to or not more than one-eighth of a mile from an

existing or planned arterial or collector street.

B. The mobile home park shall be in one ownership and shall remain in one ownership. The park shall

contain not less than four acres of land.

C. The minimum area of any mobile home space shall be four thousand (4,000) square feet. Maximum

residential density shall be eight spaces per gross acre.

D. Street lighting shall be provided along the private streets for the safety of pedestrians. Outdoor

lighting shall comply with the requirements of chapter 15.32 of this title.

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E. Refuse collection areas shall be screened from public view.

F. A minimum of two vehicular entrances shall be provided. No entrance shall be located closer than

fifty (50) feet to a street intersection.

G. Exterior boundaries of the mobile home park shall be bound by a solid fence, or wall, having a

minimum height of five feet and a maximum height of six feet.

H. A recreational vehicle and boat storage area shall be provided.

I. A minimum of two parking spaces shall be provided for each space and they shall be located on the

space they relate to.

J. Within six months of their location in the park, all mobile homes shall be adequately secured with

anchors and tie- downs and shall be skirted on all four sides with material similar in appearance to the

material used to cover the mobile home.

K. The minimum distance between mobile homes excluding canopy and buildings in the same mobile

home park shall be twenty (20) feet.

L. Each mobile home including canopy shall be set back from the exterior boundary of the park five feet.

M. Each front yard shall have a depth of not less than five feet .

N. Each side yard shall have a depth of not less than five feet as measured from the mobile home or

canopy.

O. Each rear yard setback shall be ten feet.

P. Each street side yard setback shall be ten feet, excluding awnings or canopies.

Q. Canopies, awnings or other structures to provide shade or protection from weather shall be open on

three sides and shall setback a minimum of three (3) feet from any interior street.

R. There shall be a minimum of five percent of the total area of the mobile home development

dedicated or reserved as usable open space land. Open space lands shall be clearly designated on the

plan as to the character of use and development but shall not include:

1. Areas reserved for the exclusive use or benefit of an individual tenant; nor

2. Dedicated streets, alleys, and other public rights-of-way; nor

3. Vehicular drives, parking, loading and storage areas; nor

4. Required setback areas at exterior boundaries of the site.

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S. Minimum width of private streets shall be thirty (30) feet. Said streets shall have curbs and be paved

with asphaltic concrete or equivalent material. Private streets shall meet the city construction

standards.

T. All utility lines shall be placed underground within the development. Each mobile home space or lot

shall be provided with water, sanitary sewer, electric, gas and telephone lines if needed, in compliance

with applicable city and/or county codes. Fire hydrants shall be installed as required by the city.

U. Guest automobile parking areas shall be provided at a minimum ratio of one parking space for each

three mobile home spaces.

V. Travel trailer spaces can be developed in a mobile home park, subject to the development standards

in section 17.72.190 of this title and provided the number of travel trailer spaces is less than 50 percent

of the total number of spaces in the mobile home park. Travel trailer spaces shall be set aside in a

separate section of the park reserved solely for travel trailers.

17.72.180- Mobile home or manufactured home subdivisions—Specific standards.

Wherever the term “mobile home” appears in this chapter it shall be taken to also mean “manufactured

home”. Wherever the term mobile home subdivision is used in this chapter, it shall be taken to also

mean “manufactured home subdivision.” The following supplementary and additional standards shall

apply to a mobile home subdivision:

A manufactured home on a lot in a manufactured home subdivision shall be located in accordance with the MHD zoning district standards found in section 17.68.010 of this title. A. A mobile home subdivision must also meet the requirements of Safford's subdivision regulations.

B. The minimum area of a mobile home lot shall be five thousand (5,000) square feet.

C. Maximum residential density shall be six mobile home lots per gross acre.

D. Minimum acreage development shall be five acres.

E. There shall be a minimum of five percent of the total area of the mobile home development

dedicated or reserved as usable common open space land. Common open space lands shall be clearly

designated on the plan as to the character of use and development but shall not include:

1. Areas reserved for the exclusive use or benefit of an individual tenant or owner; nor

2. Dedicated streets, alleys, and other public rights-of-way; nor

3. Vehicular drives, parking, loading and storage areas; nor

4. Required setback areas at exterior boundaries of the site.

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F. Exterior boundaries of the mobile home subdivision shall be bound by a solid fence, or wall, having a

minimum height of five feet and a maximum height of six feet.

G. Trailer and boat storage shall be provided.

H. A minimum of two parking spaces shall be provided on each lot.

I. All manufactured homes shall be attached to a permanent foundation.

J. All mobile homes shall be set back at least twenty-five (25) feet from all perimeter roadways.

K. Roadway widths shall conform to the subdivision regulations.

17.72.190- Travel trailer parks —Specific standards.

The following supplementary and additional standards shall apply to travel trailer parks:

A. No exit or entrance from a travel trailer park shall be through a residential zone and no entrance or

exit shall be located closer than fifty (50) feet to the intersection of two streets;

B. All travel trailers shall be set back at least twenty (20) feet from any public street;

C. All one-way roadways shall be at least eighteen (18) feet in width and all two-way roadways at least

thirty (30) feet in width and all roadways shall be hard-surfaced;

D. Each travel trailer space shall be at least twenty (20) feet in width and at least forty (40) feet in length

and shall be clearly marked on the ground;

E. Each travel trailer park shall be held in one ownership and shall contain at least one acre of land;

F. In addition to the above requirements all travel trailer parks shall also conform to requirements of the

plumbing code of the city, and to the regulations of the county and state health departments.

G. Exterior boundaries of the travel trailer park shall be bound by a solid fence or wall having a minimum

height of five feet and a maximum height of six feet.

17.72.200 - Community master plan—Specific standards.

A. Purpose. In order to encourage and promote large planned communities that include innovative

mixed-use design containing residential and/or nonresidential land uses, and as an alternative to, or in

combination with conventional zoning and planned unit development requirements outlined in this

chapter, the following community master plan (CMP) procedures and regulations are set forth in order

to create attractive, harmonious and sustainable developments within the community. A CMP if so

specified at the time of approval may include standards, regulations, and/or criteria that differ from

conventional zoning district regulations. The CMP is further established to provide both the developer

and the city with reasonable assurances that specific and proposed uses, and densities, intensities and

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phasing are not inconsistent with the city's adopted general plan. The designation “CMP” shall be added

to any zoning district or PUD with which it is combined.

B. Minimum Requirements for CMP. CMP applications will only be accepted under the following

conditions:

1. The project site for which the CMP is proposed must be a minimum of two hundred (200)

acres in size;

2. The project site is under unified control at the time of application and planned as one

community;

3. The land uses and design of the CMP shall conform to the general intent of the city's adopted

general plan.

C. Permitted Uses. All uses allowed in the city's zoning ordinance may be proposed as part of the CMP

application.

D. General Plan Compliance. This process shall constitute a specific area plan under ARS 9-461.08, and as

such shall amend the city's general plan upon approval of the CMP.

E. Standards and Guidelines. The following standards and guidelines apply to all CMP applications:

1. Design Characteristics. The proposed CMP shall be designed to provide for the unified

development of the area in accordance with the purpose of the district or districts in which the

development is located. The design may provide for modification of yard, setback, minimum

dwelling unit size or height requirements, or other variations consistent with the intent of this

chapter. The design may provide for one or more dwelling unit types, and may consist of

individual lots or it may have common building sites. Open spaces and/or common land shall be

an essential and major element of the plan.

2. Density of Development. Maximum densities in the CMP shall be determined by conditions

specifically applicable to the site such as topography, the character of the surrounding property,

traffic movement, and adequacy of public services.

3. Building Height. No specific maximum; however, building heights that exceed that allowed by

the underlying zoning and are not compatible with the surrounding area shall require the

developer/applicant to submit a modification/waiver request for review and approval by

council.

4. Lot Size. No minimum requirement, however, lot sizes not in compliance with underlying

zoning district requirements shall require the developer/applicant to submit a

modification/waiver request for review and approval by council.

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5. Yards. All yard setbacks shall comply with the requirements of the underlying zoning districts.

Modifications/waiver to the yard requirements shall require the developer/applicant to submit

a modification/waiver request for review and approval by council.

6. Not less than ten percent of the gross area of the development shall be designated as

common space for parks and playgrounds for the use of occupants. The land covered by

vehicular roads and off-street parking and the yards surrounding buildings that constitute open

space pertinent to individual dwelling units shall not be included in computing the required area

for open space.

7. Access. The streets within the proposed development must be public and within a public

right-of-way, except that private streets may be permitted subject to city approval of pavement

width and construction standards. Other driveways and pedestrian ways must be adequate to

serve the residents and visitors of the CMP.

8. Parking. Adequate off-street parking must be provided per city parking standards.

9. Homeowners Association. Homeowners associations may be required, and homeowners

association documents shall be recorded, prior to certificate of occupancy permits being

granted, for purposes of improving, operating and maintaining private common facilities,

including drives, service areas, parking areas, recreation areas, and any other function

reasonably required by council.

10. Drainage. The CMP shall adhere to the drainage requirements set forth in the Safford

drainage ordinance.

F. Procedures for Review and Approval.

1. CMP Plan Submittal. The application shall be considered in the same manner as a rezoning

request and the same procedures shall be followed for application, review and public hearing.

Upon final approval by council, the CMP shall be designated on the zoning district map in

combination with the underlying zoning districts. Unless the CMP is to be constructed in one

phase, the plan shall provide for staged development of the project with a proposed schedule

for the phases. If significant changes to the proposed phasing or schedule arise, the applicant

must update the city regarding the new phasing plan and/or schedule. Prior to the commission

holding a public hearing for the proposed CMP, the city staff shall review the plan for

conformance with all standards and ordinances.

2. The CMP submittal shall include the following:

a. Name of the CMP;

b. A north arrow, scale (written and graphic), small location map, and the size of the

site to the nearest one-tenth of an acre;

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c. The names and addresses of the record owners of the land and their agents;

d. Names of adjacent property owners of unsubdivided land and the names of adjacent

subdivisions;

e. The location of the boundary lines of the site in relation to any section line, quarter-

section line, and any corporate boundaries immediately adjoining;

f. The existing topography of the site with contour intervals no greater than five feet,

and the specific location of the one hundred (100) year floodplain, if applicable;

g. The location of parking lots, drives, and walkways;

h. The location and width of existing street rights-of-way, alleys, roads, railroad rights-

of-way, trails and recorded easements; and the proposed location, width, and

approximate grade for any new streets and trails;

i. The location and size of existing and proposed sanitary sewers, water mains, storm

sewers and natural gas mains within or adjacent to the site and any proposed

easements;

j. The types of dwelling units, other uses, and proposed density of development;

k. The location and size, in acres or square feet, of all areas to be conveyed, dedicated or

reserved as common open space, public parks, pedestrian ways, recreational areas,

school sites, and similar public or semi-public uses;

l. Signature blocks for council approvals on all exhibits considered part of the final CMP

plan;

m. The department, commission and/or council may require other plans or data as it

deems necessary to review a specific site including but not limited to the following:

(1). Conceptual Water Master Plan,

(2). Conceptual Wastewater Master Plan,

(3). Master Circulation Study, and

(4). Conceptual Drainage Study;

n. Stormwater management plans, which shall include provisions for erosion control

during construction;

o. Any proposed waivers from the requirements of the subdivision

regulations and the zoning ordinance.

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3. Modification/Waiver Process. The modification/waiver request process is for use by a

developer/applicant when variations to the zoning and/or subdivision ordinances are proposed

during the CMP process. This is done when proposing something that does not substantially

alter the intent of city ordinances.

The developer/applicant is required to submit a written request for a modification/waiver with a

written justification to demonstrate that what is proposed on the plan is equal to or better than

the development standard. This must be done while still meeting the overall intent and

objectives of the city's ordinances.

If said modifications, in the judgment of council, constitute an equal or more beneficial use of

the site than provided for under the requirements of the zoning district in which the site of the

CMP is located, city council, in its sole discretion, may grant the modifications.

4. Development agreements are required as part of this process in order to fully document all

approvals, waivers and cost sharing items unless waived by the city.

5. The commission, after the public hearing, shall recommend, recommend with conditions or

recommend denial of the CMP application. The commission shall forward the CMP application

to council with its recommendation.

6. The council, after review of the CMP application, may approve, approve conditionally, or

deny the CMP application. Approval of the CMP application shall be binding upon the owners,

their heirs and assigns until such time as city council may release such limitations on the use

of the subject property under the procedures provided herein.

7. Final approval of the CMP plan shall be deemed as satisfying the requirements of the

subdivision regulations for a preliminary plat for any portion of the project for which the

requirements have been met. Any modifications/waiver to the subdivision regulations

proposed, as part of the CMP shall be clearly stated on the final CMP development plans. Such

modifications/waivers shall be considered along with commission and council review of the

development plans. The process for requesting a modification/waiver is outlined in subsection

(F)(3) of this section.

8. Unless otherwise agreed upon in a development agreement, the approval of a portion or all

of a CMP that has satisfied the requirements of the subdivision regulations shall remain in effect

for two years from the date of the council's decision. An applicant may request an

additional two-year extension.

9. No building permit shall be issued for any construction in the CMP until a final subdivision plat

for the property on which permits are requested has been approved by the council.

10. Changes to land uses and/or roadway alignments that do not constitute a substantial change

from an approved CMP plan may be authorized by the department director or assignee:

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G. CMP Amendment Process. An amendment to a CMP may be initiated by the property owner or

owner's agent upon submittal of a written application as follows:

1. The application shall be accompanied by a statement documenting the need for the

amendment;

2. The department director or assignee shall determine if the amendment would result in a

substantial or non-substantial change to the CMP;

3. A non-substantial change is one in which:

a. Transfer of densities or lots from one parcel to another,

b. Changes to the development standards, so long as said changes do not alter the

impacted development standards or phase by more than fifteen (15) percent,

c. Changes to the internal land use boundaries that do not increase the total number

of dwelling units and the area of any land use does not increase by more than fifteen

(15) percent (except that there shall be no resulting reduction in the amount

of parks and open space);

4. A substantial change is one in which:

a. There is an increase in the number of dwelling units,

b. There are provisions for arterial street intersections at locations not requested by

the city and substantially different than presented in the approved CMP,

c. There are densities and intensities not included in the approved CMP,

d. There are changes to the designated open space, buffers or perimeter landscaping

which was required in the approved CMP,

e. There is a significant change to pedestrian or traffic circulation within the approved

CMP or surrounding areas (as a result of changes to the cmp);

5. If the request is determined to be a substantial change, the department director or assignee

shall refer the request to the commission for public hearing and recommendation to council for

review and action;

6. The department director may administratively approve non-substantial changes. a decision of

the director may be appealed to the commission.

Chapter 17.76 - SITE PLAN REVIEW

Sections:

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17.76.010 - Site development plan required.

17.76.020 - Exemptions.

17.76.030 - Site development plan and support documents.

17.76.040 - Significance of approval.

17.76.050 - Review guidelines and standards.

17.76.060 - Fees.

17.76.010 - Site development plan required.

Except as exempted by the provisions of Section 17.76.020 below, a site development plan shall be

required for establishment of any building, structure or use constructed or to be constructed on any site

in any district within the city.

17.76.020 - Exemptions.

The following uses shall be exempt from the requirements to submit a site development plan:

A. Single-family residences and accessory buildings in a residential zoning district. Single-family

residential development shall be processed with a plot plan in conjunction with the building permit

application;

B. Mobile home residences, manufactured home residences and accessory buildings placed on spaces in

established mobile home parks or manufactured home parks. Mobile home residences or

manufactured home residences on lots in approved subdivisions in C-MH or MHD zoning districts. Park

model travel trailers and conventional travel trailers intended for an extended stay in an approved travel

trailer, mobile home or manufactured home park. These living units shall be processed with a plot plan

submitted to the director in conjunction with the building permit application;

C. Two- family residences (duplex). These developments shall be processed with a plot plan submitted to

the director in conjunction with the building permit application;

D. Modifications to an existing structure as determined by the building inspector.

17.76.030 - Site development plan and support documents.

Ten (10) copies of a site development plan shall be submitted to the department for review by the

Committee. Site development plans shall be drawn at a scale appropriate to clearly show all required

information, on a sheet or sheets of twenty-four (24) by thirty-six (36) inch proportions. Ten (10) copies

of all other plans or support documents required by this chapter shall also be submitted.

A. Site development Plan. The site development plan shall contain the following information:

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1. Vicinity map with adjacent streets, zoning and land uses;

2. Topography; contour lines for existing and proposed elevations at one-foot intervals;

3. Natural drainage and proposed storm water flow by directional arrows. If applicable, show

that finished flow level is above, one hundred (100) year flood elevation;

4. Legal description of the total area of the site;

5. Location and outside dimensions of all existing and proposed structures, including

distances from all structures to all lot lines and distance between structures;

6. Percentage of the net area of the site covered by any and all structures;

7. Percentage of lot covered by impervious surfaces;

8. Dimensions of existing and proposed Rights-of-way of all abutting streets, whether public or

private and access to the site;

9. Parking and circulation areas including number of spaces. Parking lots shall be fully

dimensioned.

10. Locations, dimensions, and description of all existing or proposed easements;

11. Location and dimension of any non-vehicular access easements;

12. The future land use designation for the site according to the general plan or other

approved city plan;

13. Location and height and dimensions of all permanent Signs. The type, location, size, and

height of all exterior lighting including the method of illumination;

14. Outdoor storage and activity areas, if any. Note the proposed maximum height of any

outdoor storage;

15. Service areas for uses such as mail delivery and trash disposal. Include any proposed

screening and show access gates to trash disposal area. Note the height and method of the

screening;

16. All existing and proposed utility locations;

17. The location of the nearest existing fire hydrant. Note the location of any proposed

hydrants;

18. Street or alley rights-of-way to be improved pursuant to the requirements of the subdivision

regulations. See Title 16.

19. The type and height of all proposed fences and walls.

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20. The height of all existing and proposed buildings.

B. Landscape Plan. For larger projects or projects of community significance, the director may require a

separate submittal of this plan drawn to scale, indicating the following information:

1. Identify all walks or paths, vehicular drives, parking lots, building entrances, free-standing

light fixtures, service or loading areas, signs and locations, open spaces, plazas and recreation

amenities with general construction materials noted;

2. All slopes within site area to be called out (i.e., 2:1, 3:1, 4:1, etc.). If site is totally of slopes less

than 50:1, state so in a general note. All depressed and mounded areas shall be identified with

general contour lines and/or proposed elevations. Note any area to be used for detention;

3. The location of all landscaping elements with an appropriate legend showing symbols on the

plan, quantity, type of plant (botanical and common names of vegetation to be used), minimum

purchase size and any necessary comments such as ground cover spacing or necessary guying

and staking. The legend shall also reflect areas to be irrigated, method of irrigation as well as

square footage of each type of ground treatment (i.e., bluegrass, cobble, alternative grass mix,

bark chips). Plants should be shown as mature size on plans.

C. Parking Plan. A parking plan, drawn to scale, shall be submitted. The director may require a separate

submittal for this plan based on the scale or significance of the project. The plan shall show all those

elements necessary to indicate that the requirements of the city are being fulfilled. Refer to section

17.12.230 for standards and minimum requirements. Information on the parking plan shall include, but

is not limited to, the following:

1. Delineation and dimensions of all parking spaces;

2. Dimensioned circulation area necessary to serve spaces;

3. Access to streets, alleys and properties to be served and right-of way lines;

4. Curb cuts;

5. Type of landscaping, fencing or other screening materials with heights noted;

6. Abutting land uses;

7. Grading, drainage, surfacing and subgrading details;

8. Location of lighting fixtures with the height of the light poles noted and shown to be in

compliance with Chapter 15.32 of this title.

9. Delineations of all structures and obstacles to circulation on the site; and

10. Specifications of signs and bumper guards.

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D. Building Drawings. Building drawings, including floor plans and elevations (all four sides) of all

principal and accessory buildings shall be provided, noting all exterior finish materials and color.

E. Geotechnical Engineering Report. Unless exempted by the city engineer and the building inspector, a

geotechnical report prepared by a registered engineer shall be submitted which includes data regarding

the nature, distribution and strength of existing soils; conclusions and recommendations for grading

procedures and design criteria for corrective measures when necessary; and opinions and

recommendations covering adequacy of site to be developed by the proposed grading. The geotechnical

report will include suggestions concerning erosion control on the project site during construction as well

as upon completion.

F. Site drainage report. Unless exempted by the city engineer, a site drainage report shall include the

following:

1. A map and calculations showing the drainage area and estimated runoff of the area being

served by any drainage facility within the proposed grading and drainage plan;

2. Indication of the undeveloped peak discharge of surface water currently entering and leaving

the subject property due to the ten-year design storm, adjusted to the subject drainage basin;

3. Indication of developed peak discharge of runoff which will be generated due to the design

storm within the subject property;

4. Determination of the developed peak discharge of water that will be generated by the design

storm at various subbasins on the subject property; and

5. A discussion of the drainage management facilities and/or techniques which may be

necessary to rectify drainage problems.

G. Traffic study. If the city engineer determines that the proposed use may generate sufficient additional

traffic to warrant safety related public improvements, he/she may require the submittal of a traffic

study prepared by a registered engineer.

1. Whenever, as the result of additional traffic generated by a proposed development, the city

determines the need for a traffic signal or regulatory sign, the developer shall be responsible for

installing all said devices and signs.

2. For all public streets adjacent to the site, the developer shall be responsible to provide any

additional streetlights required to ensure the level of lighting required by the city.

H. Proof of Ownership and/or Proof of Agency.

1. The information required to establish proof of ownership shall consist of a copy of a title

report issued not more than thirty (30) days prior to the date of submittal by a title company

authorized to conduct business in the state of Arizona.

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2. If the land is owned by a corporation, proof of agency shall consist of a corporate resolution

designating the individual to act as agent. The corporate resolution must be certified by the

secretary of the corporation and authenticated by the corporate seal or acknowledged in the

form prescribed by A.R.S. 33-506.2.

3. If the land is owned by a partnership, proof of agency shall consist of a written document

from the partners designating an individual to act as agent. The document must be certified and

acknowledged in the form prescribed by A.R.S. 33-506.3.

4. If the land is owned by an individual, proof of agency shall consist of a written document from

the owner designating an individual to act as agent. The documents must be certified and

acknowledged in the form prescribed by A.R.S. 33-506.1.

I. Development Schedule.

1. Along with the site development plan and supporting documents, the developer shall submit

a development schedule, indicating, to the best of the developer's knowledge, the approximate

date upon which construction of the project will begin, progressive stages of development, if

any; anticipated rate of development and completion date.

2. For any development proposed to be constructed in phases, the developer shall submit a

master plan for the entire project which must be approved before any sub-element of the

project can be approved or constructed.

17.76.040 - Significance of approval.

The director shall approve all final site development plans upon recommendation from the committee.

Approval of a site development plan is valid for one year from the date of approval. If a building permit

has not been issued within this one-year period, approval may be extended by the director one time for

six months from the expiration date of original approval upon written request from the developer or his

agent, fifteen (15) working days prior to expiration of original approval.

17.76.050 - Review guidelines and standards.

The committee should consider the following matters and others, where applicable, in the process of

reviewing the site development plan. The director may recommend the plan be changed to improve the

project, but may only require changes that are otherwise required by the zoning ordinance or other city

regulation:

A. Considerations relating to traffic safety and traffic congestion:

1. The effect of the site development on traffic conditions on abutting streets,

2. The layout of the site with respect to locations and dimensions of vehicular and pedestrian

entrances, exits, drives and walkways,

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3. The arrangement and adequacy of off-street parking facilities and unloading facilities,

4. The location, arrangement and dimensions of truck loading and unloading facilities,

5. The circulation patterns within the boundaries of the development,

6. The surfacing and lighting of off-street parking facilities,

7. The continuation of streets as prescribed in the traffic circulation plan;

B. Considerations relating to outdoor advertising: The number, location, color, size, height, lighting and

landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and

the appearance and harmony with adjacent development;

C. Considerations relating to landscaping: The location, height and materials of walls, fences, hedges,

and screen plantings to insure harmony with adjacent development or to conceal storage areas, utility

installations or other unsightly development;

D. Considerations relating to buildings and site layout:

1. Consideration of the general silhouette and mass, including location on the site, elevations

and relation to natural plant coverage, all in relationship to the neighborhood,

2. Consideration of exterior design in relation to adjoining structures in height, bulk, and area

openings, breaks in the facade facing on the street, line and pitch of roof, and arrangement of

structure on the parcel,

3. Consideration of adequate usable outdoor living space for each dwelling unit occupying or to

occupy the site;

E. Considerations relating to drainage: The effect of the development on storm and surface water

drainage, both on the site and in the affected area;

F. Considerations relating to water and sewer capacities: The ability of the city to supply water and

sewer service to the site should be assured.

17.76.060 - Fees.

Review fees for site development plans shall be determined according to a schedule established by

resolution of the council and posted in the office of the city clerk.

Chapter 17.80 - ACCESS STANDARDS

Sections:

17.80.010 - Purpose.

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17.80.020 - Access points.

17.80.030 - Access to parking facilities.

17.80.040 - Access across parking facilities.

17.80.010 - Purpose.

It is the purpose of this chapter to coordinate development of land uses to minimize traffic hazards,

prevent traffic congestion, preserve the traffic-carrying capacity of arterial and collector streets, provide

a suitable location of land uses and minimize impacts of development.

Refer to section 17.12.130 for legal access requirements to a residential lot or parcel.

17.80.020 - Access points.

Access points to streets from all developments shall conform to the following criteria:

A. All major highways under state jurisdiction shall conform to Arizona Department of Transportation

access standards.

B. Arterial. All uses with one thousand (1,000) feet or more of frontage may take one point of access

with one forty (40) foot wide curb cut. Uses with less than one thousand (1,000) feet of frontage shall

not be permitted to take direct access to an arterial and shall be required to share a common access

drive. No access shall be taken within two hundred (200) feet of another access point or intersection.

C. Collector. All uses within three hundred (300) feet or more of frontage may take one point of access

with one forty (40) foot wide curb cut. Uses with less than three hundred (300) feet of frontage shall not

be permitted to take direct access to a collector and may be required to share a common access drive.

No access should be taken within one hundred (100) feet of another access point or intersection.

D. Local Street (including cul-de-sac street and frontage street). All uses may take direct access to local

streets.

E. Additional Access Points. No additional access points shall be permitted unless one or more of the

following conditions exists:

1. If the project is a commercial development having a floor area greater than two hundred

thousand (200,000) square feet. For each additional one hundred thousand (100,000) square

feet in floor area, or fraction thereof, one additional curb cut may be permitted when

accompanied by a traffic circulation and access plan which justifies the additional curb cut; or

2. If the project is a commercial development where the applicant demonstrates there is a need

for delivery truck or emergency vehicle access. The access shall be designed for the exclusive

use by delivery and emergency vehicles;

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3. If medians are approved by the city engineer and then constructed by the developer,

additional access points may be approved by the city;

4. Only the city engineer may approve additional curb cuts when it is found that a traffic hazard

will not be created.

17.80.030 - Access to parking facilities.

A. Access to Parking from a Street. Access to a parking lot from a street shall be limited to driveways and

there shall be no direct access to any off-street parking space located in a parking lot from a public

street.

B. Access to Parking from an Alley. Any parking lot may use an abutting alley for direct access to parking

spaces; provided that the full width of the alley is dedicated to the public and fully paved to city

standards.

17.80.040 - Access across parking facilities.

Every parking lot shall provide a clearly marked walkway, protected from traffic extending from the

building being served to the public sidewalk in front of the building.

Chapter 17.82 SIGN REGULATIONS

Sections:

17.82.010 Purpose.

17.82.020 Definitions.

17.82.030 Requirements and procedures.

17.82.040 Signs allowed without permit in all zones.

17.82.050 Signs allowed by permit in all zones.

17.82.060 Signs allowed by permit in all residential zones.

17.82.070 Signs allowed by permit in commercial and/or industrial zones.

17.82.080 Supplementary requirements.

17.82.010 Purpose.

It is declared that the regulation of signs within the city is necessary and in the public interest,

A. To protect property values within the city;

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B. To protect the general public from damage and injury which may be caused by the faulty and

uncontrolled construction of signs within the city;

C. To protect pedestrians and motorists of the city from damage or injury caused, or partially

attributable to, the distractions and obstructions which are declared to be caused by improperly

situated signs; and

D. To promote the public safety, welfare, convenience and enjoyment of travel and the free flow of

traffic within the city.

17.82.020 Definitions.

"Abandoned sign" means a sign which no longer correctly directs or exhorts any person, advertises a

bona fide business, lessor, owner, product or activity conducted or product available on the premises

where such sign is displayed. Abandoned sign shall also relate to any sign which has been left in place

after being substantially defaced or ruined by natural causes.

"Action sign" means the movement of the sign body or any segment thereof such as rotating, revolving,

moving up or down or any other type of action involving a change of the sign body or segment thereof

whether caused by mechanical or any other means.

"Advertising" means any writing, printing, painting display, emblem, drawing, sign or other device

designed, used or intended for outdoor display or any type of publicity for the purpose of making

anything known or attracting attention to a place, product, service or an idea.

"Alter" or "alteration" means change in structural components or increase in size, height and location or

increases in electrical load. It shall also mean any change in advertising content if such change causes

the sign to change in classification from an on-premises sign to an off-premises sign or vice versa.

"Animated sign" means the movement of any light used in connection with any sign such as blinking,

traveling, flaring, or changing degree of intensity of any light movement other than burning

continuously.

"Area of sign" for freestanding letters or cutout letters used as a sign shall be ninety (90) percent of the

area enclosed within the smallest geometric figure needed to completely encompass all letters, insignias

or symbols of the sign, including horizontal spacing between letters, insignias or symbols, except as

otherwise provided herein. For signs other than freestanding letters, words, insignias or symbols, the

area shall be the total area of the facing or the total area within the outer edge of any existing border of

the sign. In every event, computation of allowable sign area shall include all existing signs on the

premises, whether such signs are legal or nonconforming under the terms of this chapter.

"Billboard sign" means a structure detached from any building and bearing a sign, which is not

appurtenant to the use of the property where the sign is located, or a product sold or a service offered

upon the property where the sign is located, and which does not identify the place of business where

the sign is located as a purveyor of the merchandise or services advertised upon the sign.

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"Curb line" means the imaginary line at the back of the curb nearest the street or roadway. In the

absence of a curb, the curb line shall be established by the city engineer or his authorized

representative.

"Directory sign" means a sign designed to show the logos or symbols of several businesses on one

structure; also it may be a sign designed to show the relative locations of the several commercial

activities within a shopping center or other multi-tenant development.

“Electronic message display” means a sign capable of displaying words, symbols, images or figures that

can be electronically or mechanically changed by remote or automatic means.

"Freestanding sign" means any sign not attached to any building and which is supported by one or more

uprights set in a fixed position in the ground.

"Front foot" of a building (or parcel of land) means the maximum width measured on a straight line

parallel to the street. In the event of a building fronting on two or more streets, the property owner

shall be given an option of selecting one street frontage for the purpose of computing allowable sign

area.

“Home occupation sign” means a sign identifying only the name and occupation of the home occupation

being conducted on the premises as permitted by section 17.28.020.b.7 of this title and as defined in

section 17.08.040.

"Illegal sign" means any sign not in accordance with or authorized by this code.

“Nit” means a measure of luminance

"Nonconforming sign" means any sign which is not allowed under this chapter, but which, when

constructed, was legally allowed by the city or the political subdivision then having the control and

regulation over construction of signs.

"Permanent sign" means any sign which was intended to be and so constructed as to be of a lasting and

enduring condition, remaining unchanged in character, condition (beyond normal wear) and position,

provided the sign is listed as a permanent sign in the chapter. A permit for a permanent sign shall be

issued for an indefinite term.

"Sign" means any device for visual communication that is used for the purpose of bringing the subject

thereof to the attention of the public, but not including any flag, badge or insignia of any government or

agency, and further not including any item of merchandise normally displayed within a show window of

a merchant. In addition it shall include all parts, portions, units and materials composing the same,

together with illumination, frame, background, structure, and support anchorage thereof.

"Sign area" means the entire area within a continuous perimeter composed of parallelograms, circles,

ellipses, trapezoids and triangles, or any combination of these, computed to the nearest square foot.

“Sign walker” means a person who wears, holds or balances a sign.

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"Temporary sign" means any sign, banner, pennant, valance or advertising display intended to be

viewed for a period of time not exceeding ninety (90) days or other time limit as specified by this code,

and wherein the sign does not extend beyond any exterior building or roof line.

"Wall sign" means a sign attached to, or erected against the wall of a building or structure with the

exposed face of the sign in a plane parallel to the face of said wall. A wall sign may not project from the

wall in excess of twelve (12) inches.

17.82.030 Requirements and procedures.

A. It shall be illegal for a sign to be placed or maintained in the city except as provided in this chapter.

Any person, firm or corporation violating any provision of this chapter or failing to comply with any

order or regulation made hereunder shall be guilty of a misdemeanor.

B. Permits Required. A sign permit shall be required before the erection, re-erection, construction,

alteration, placing, maintaining, or locating of all signs regulated by this chapter. Where signs are

illuminated electrically, a separate electrical permit shall be obtained as required by the electrical code

of the city. Nothing herein contained shall prevent the erection, construction and maintenance of

official traffic, fire and police signs, signals, devices and markings of the state of Arizona and the city or

other competent public authorities, nor the posting of notices required by law.

C. Application. To obtain a permit the applicant shall file an application on a form furnished by the city.

The application shall contain the location by street and number of the proposed sign contractor or

erector. All such applications shall be accompanied by the written consent of the owner, lessee, agent or

trustee having charge of the property on which the sign is proposed. All applications shall be

accompanied by a sketch or drawing showing the location, color, material, size, height, method of

illumination, and text of the sign.

D. Permit Fees. As per fee schedule for building permits.

17.82.040 Signs allowed without permit in all zones.

The following signs may be placed in all zones of the city without permit, subject to the restrictions and

limitations specified in this section:

A. Community activity signs: signs associated with a religious, charitable, cultural, civic or educational

organization.

1. Size: shall not exceed twelve (12) square feet in sign area.

2. Height: shall not exceed six feet, if freestanding.

3. Other restrictions: shall be temporary signs. Shall be nonilluminated signs.

B. Governmental or other signs required by law: signs placed by a governmental entity or private

individual or business as required by federal, state, or local law.

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1. Size: as required by law.

2. Weight: as required by law.

3. Location: as required by law.

4. Other restrictions: shall be nonilluminated signs, unless required by law.

C. Political signs: signs associated with a candidate for elected office, political party or ballot measure,

or which make a political statement relative to a pending election.

1. Size. Political signs shall not exceed twelve (12) square feet in residential zoning districts or

thirty-two (32) square feet in agricultural, commercial or industrial zoning districts.

2. Height. Political signs shall not exceed four feet in overall height in residential zoning

districts or eight feet in overall height in agricultural, commercial or industrial zoning districts.

3. Other Restrictions.

a. Political signs shall be nonilluminated.

b. No political sign may be erected earlier than ninety (90) days prior to any primary,

general or special election, and all signs shall be removed no later than fourteen (14)

days after the election; except that signs for successful primary election candidates may

be left in place until fourteen (14) days after the subsequent general election.

c. No political sign may be erected in such a manner as to violate the provisions of

Sections 9.08.030 and 9.08.040 of this code.

4. Special Provisions. Signs supporting or opposing a candidate for public office or supporting or

opposing a ballot measure may be placed within the rights-of-way of city streets subject to the

following restrictions:

a. Sign area may not exceed sixteen (16) square feet per face if located in an

area zoned for residential use or thirty-two (32) square feet if located in any other area.

b. Signs shall not be placed in a location that is hazardous to public safety, obstructs

clear vision in the area or interferes with the requirements of the Americans with

Disabilities Act.

c. Signs may be erected no earlier than sixty (60) days prior to a primary election, and

must be removed no later than fifteen (15) days following the general election, except

that a sign for a candidate in a primary election who does not advance to the general

election must be removed fifteen (15)days after the primary election.

D. Real estate signs for property of less than one acre: signs offering developed or undeveloped real

property of less than one acre for sale, lease or rent.

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1. Size shall not exceed twelve (12) square feet in sign area. In the event that the sign refers to

a single-family home, the size of the sign shall not exceed six square feet in sign area.

2. Height shall not exceed six feet, if freestanding.

3. Other restrictions: shall not be illuminated signs. Only one such sign may be displayed on

each street frontage of the real property to which it refers.

E. Sign walkers only in commercial or industrial zoning districts and subject to the following:

1. The location and activity of the sign walker shall not obstruct or interfere with vehicle or

pedestrian safety.

2. Sign walkers are not allowed to display signs in street medians

3. The maximum size of a sign used by a sign walker shall be five (5) square feet.

17.82.050 Signs allowed by permit in all zones.

The following signs may be placed in all zones by permit, subject to the restrictions and limitations

specified in this section and subject to the criteria set forth in Section 17.82.030:

A. Banners across the public right-of-way: temporary signs, usually of flexible material, suspended across

a public right-of-way, announcing civic, charitable, religious, or educational activities which are taking

place, or will take place, within the city.

1. Size: shall not exceed the width of the public right-of-way over which it is suspended.

2. Height: not applicable.

3. Other restrictions: shall be temporary signs.

B. Construction announcement signs: signs placed on real property upon which construction is to take

place or is taking place, which contain information regarding the individual and firms directly connected

with the construction project, including the name of the contractor, the subcontractors, the real estate

licensee, and the future tenant.

1. Size: shall not exceed six square feet in sign area on a parcel of land less than one acre. Not

to exceed thirty-two (32) square feet in sign area on a parcel of one acre or more.

2. Height: shall not exceed six feet on a parcel of land less than one acre. Shall not exceed eight

feet on a parcel of land of one acre or more.

3. Other restrictions: shall be nonilluminated signs. Shall be removed within seven days after

issuance of certificate of occupancy by the city. Only one such sign may be displayed on each

street frontage of the real property to which it refers.

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C. Institutional signs: signs identifying the premises of, or announcing the activities conducted by a

church, school, hospital, rest home, or similar institutional facility.

1. Size. The aggregate size of all signs pursuant to this section shall not exceed twenty-four (24)

square feet in sign area.

2. Height: shall not exceed five feet, if freestanding.

3. Other Restrictions. One such sign may be displayed for each street frontage.

D. Real estate signs for property of one acre or more: signs offering developed or undeveloped real

property of one acre or more for sale, lease or rent.

1. Size: shall not exceed thirty-two (32) square feet in sign area. In the event that a sign does

not exceed twelve (12) square feet in sign area, a sign permit shall not be required.

2. Height: Shall not exceed eight feet, if freestanding.

3. Other Restrictions.

a. Shall not be illuminated signs.

b. Only one such sign may be displayed per street frontage of the property to which it

refers.

E. Electronic time and temperature signs

1. Size: shall not exceed 12 square feet in sign area.

2. One sign per property.

3. May be a wall sign or a free standing sign

4. A free standing time and temperature sign shall not exceed eight feet in height.

5. Shall not be included in the calculation of allowed sign area.

17.82.060 Signs allowed by permit in all residential zones.

The following signs may be placed in all residential zones by permit, subject to the restrictions and

limitations specified in this section:

A. Apartment/multifamily identifications signs: signs identifying an apartment or multifamily building or

an apartment or multifamily complex by name and/or address.

1. Size: shall not exceed twenty-four (24) square feet in sign area.

2. Height: shall not exceed five feet, if freestanding.

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3. Other Restrictions: Only one such sign may be displayed on each street frontage.

B. Subdivision identification signs: on-premises signs advertising developed or undeveloped real

property which has been divided into five or more lots, parcels or units, for sale, lease, or rent. Signs

advertising fewer than five such lots shall be treated as real estate signs for property of less than one

acre or real estate signs for property of one acre or more.

1. Size: shall not exceed eighty (80) square feet in sign area.

2. Height: shall not exceed fourteen (14) feet.

3. Other restrictions: shall be nonilluminated signs. Only one such sign may be displayed. The

permit for such sign shall expire one year from the date of issuance. The permit for any such sign

shall be subject to the posting of a bond in favor of the city to guarantee removal in an amount

necessary for dismantling of said sign as determined by the city engineer.

C. Subdivision model home signs: signs identifying a model home.

1. Size: shall not exceed six square feet in sign area.

2. Height: shall not exceed six feet, if freestanding.

3. Other restrictions: may be displayed only on the premises of the model home which it

identifies. Only one such sign may be displayed per model home. The permit for any such sign

shall be approved only after approval has been granted for a subdivision identification sign. No

additional permit application fee or bonding fee shall be required for subdivision model home

signs.

D. Home occupation sign: a sign identifying the name and occupation of the home occupation being

conducted on the premises (reference section 17.28.020.b.7).

1. Size: shall not exceed 2 square feet

2. The maximum height of a home occupation wall sign as measured from finished grade shall

be 6 feet.

3. Other restrictions: may be displayed only on the wall of the premises of the home

occupation which it identifies. Only one non-illuminated sign may be displayed. The permit for

any such sign shall be approved only after approval of the home occupation has been granted by

the department.

17.82.070 Signs allowed by permit in commercial and/or industrial zones.

The following signs may be placed in commercial and/or industrial zones by permit, subject to the

restrictions and limitations specified in this section.

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A. Changeable copy signs: signs or sections of signs designed to be used primarily for the presentation of

theatrical, cultural, or sports events and which shall be computed as a part of the total sign area

allowed. Such signs shall be allowed for other commercial and industrial uses subject to an issuance of a

permit in accordance with criteria and procedure set forth in Section 17.88.040 of this title relating to

variances. Size, height, location and other restrictions are applicable under the appropriate section,

depending upon the type of sign utilized.

B. Commercial banners, commercial flags, and commercial pennants: banners, flags and pennants

generally made of flexible material, displayed for business promotion purposes.

1. Size: as approved by the department.

2. Height: as approved by the department.

3. Location: in all commercial and/or industrial zones provided said signs do not present a

hazard to the motoring public or pedestrians.

4. Other restrictions: Shall be temporary signs. Shall be nonilluminated signs. No more than two

permits for signs pursuant to this section shall be issued to any one business entity in any one

calendar year.

C. Directory signs: A sign or a set of similarly designed individual signs, placed or displayed in sequence,

to list all or part of the businesses within said building or business center.

1. Size: shall not exceed six square feet in sign area for each business so identified. Total area of

all signs, if mounted on building, shall not exceed thirty (30) square feet.

2. Height: if mounted on-building, shall not extend above the roof line of the building on which

it is placed or displayed.

3. Location: in all commercial and industrial zones.

4. Other Restrictions. Such signs may be in addition to an on-building identification sign. A

freestanding directory sign may be approved for each business center combined with each

center's business identification sign. Such signs will be in conformity with the matrix in

subsection (D)(1) of this section with the addition of fifty (50) percent area increase. On-building

directory signs shall be allowed in addition to the sign area permitted by subsection (C)(1) of this

section.

D. Freestanding individual business identification signs: freestanding signs which identify a building,

business, profession, or industry not located within a business center.

1. Size and Height. Sign area of each face and sign height shall not exceed those areas and

footages set forth in the following matrix:

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E. Gasoline price signs: on-premises signs identifying the brand and/or type and price of gasoline sold.

1. Size: Shall not exceed twelve (12) square feet in sign area.

2. Height: Per the table/matrix in section 17.82.070.D.1.

3. Location: In all commercial and industrial zones.

4. Other Restrictions. Such signs may be freestanding, monument type signs, mounted on a

building, a canopy, a gasoline pump, or an architecturally integrated feature of a building or

related structure.

F. Off-premises signs: signs identifying a business activity, property or product at some location other

than where the sign is displayed.

1. Size: shall not exceed twelve (12) square feet in sign area for a sign mounted flat on the

building, or twenty-five (25) square feet for a freestanding sign.

2. Height: shall not exceed ten feet, if freestanding.

3. Location: in all commercial and industrial zones.

4. Other Restrictions.

a. Such sign may identify a building, business, profession, or industry not fronting on

any road or street but only having vehicular access to a road or street by means of an

easement satisfactory to the city attorney. Only one such sign shall be displayed for

each building, business, profession, or industry.

Street frontage of parcel Height (feet) Face area (square feet)

1--79 14 45

80--119 16 60

120--159 18 70

160--199 20 80

200--249 22 85

250--299 24 96

300+ 35 100

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b. Such sign shall only identify a business, profession, or industry not fronting on a

major street but having vehicular access to such street by means of an easement,

provided that a permit is issued in accordance with the criteria and procedure set forth

in Section 17.84.040 relating to variances.

c. A permit for an off-premises sign shall not be issued for a billboard or sign

advertising goods and/or services not relating to the business, profession or industry

described above.

G. On-building identification signs: permanent signs mounted flat on a building which identify the

business(es), profession(s), or industry(ies) conducted on the premises.

1. Size.

a. Street frontage signs. Each business facing or abutting a street or streets shall be

permitted, one sign per street frontage as follows: one wall sign or one sign which

projects at a right angle from the wall of the building with the allowable area of each

sign computed in accordance with the following table:

Building Setback from Property Lines Allowable Maximum Sign Area

Less than or equal to one hundred-fifty

(150) feet

One and one-half square feet for each linear foot of

building frontage

More than one hundred-fifty (150) feet Two square feet for each linear foot of building

frontage

In addition thereto, each business shall be permitted an additional one square foot in

sign area for each one foot of building frontage in excess of the first seventy-five (75)

feet of said frontage. In no event shall the sign area of such a sign exceed three hundred

(300) square feet.

b. Non-Street Frontage Signs. Each business shall also be permitted one sign on each

side of the building not facing or abutting a street at a ratio of one-half square foot of

sign area for each one foot of said side of the building. In no event shall the sign exceed

one hundred (100) square feet.

2. Height: shall not extend above the roof line of the building upon which the sign is placed or

displayed.

3. Location: in all commercial or industrial zones.

4. Other Restrictions.

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a. One on-building identification sign shall be displayed per side of the building with no

more than four such signs per building.

b. Such signs may be mounted flat on the wall, or may be projecting signs, provided

such signs meet the criteria outlined in the uniform building code for projecting signs

and in this section.

c. If such signs are used in conjunction with a freestanding business

identification sign, the area of the on-building street frontage sign(s) shall

be reduced by one-half (1/2) of the area allowed by subsection (G)(1) of this section.

d. A temporary identification sign may be placed or displayed for each on-building

identification sign for which a sign permit application has been approved. Such sign(s)

shall be subject to the restrictions and limitations specified in this section. Such

temporary sign(s) are to be removed at the expiration of ninety (90) days after issuance

of a permit for such sign, or upon the display of the corresponding on-building

identification signs, whichever occurs first. Only one permit application fee shall be

charged when the application for such sign is filed concurrently with the application for

an on-building identification sign.

H. Electronic message displays

1. The sign copy shall change only through an immediate transition of the sign copy or message

that does not have the appearance of moving text or images. The sign copy shall not use

flashing, intermittent or moving lights or produce the optical illusion of movement. no part of

the sign structure or cabinet may move or rotate.

2. The sign copy shall be displayed for a minimum of eight (8) seconds.

3. the sign shall include photocell technology to control and vary the intensity of lighting

depending on the amount of ambient light that is present (e.g. daytime, nighttime, cloudy

conditions). The intensity of the lighting shall not exceed three hundred (300) nits from dusk

until dawn.

4. The sign shall not be illuminated between 11:00 pm and sunrise when located within one

hundred fifty (150) feet of residential zoning.

5. May be an on-building identification or wall sign, the size of which shall be included in the

calculation of maximum area for such signs.

6. May be a free standing sign, the size of which shall be included in the calculation of maximum

area for such signs.

7. The maximum height of an electronic message display free standing sign within fifty (50) feet

of a traffic signal that alternately directs roadway traffic to stop and to proceed shall be eight

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(8) feet. the maximum height of the electronic message display may increase one (1) foot for

every twelve (12) feet of additional setback from the subject traffic signal to the maximum

height otherwise permitted.

17.82.080 Supplementary requirements.

A. Construction. All signs shall be structurally designed and constructed in conformance with the

building code of the city, with all supports for such signs placed in or upon private property.

B. Construction Over Public Property. No person, firm or corporation shall erect, construct or cause or

permit to be erected or constructed, any projecting sign over any public sidewalk, street, alley, public

place, or property, except as may be required by any other law or ordinance of the city and except as

provided below.

1. No sign or sign structure shall project into any public alley below a height of fourteen (14)

feet above grade.

2. A sign may project from a building over a public sidewalk no further than two feet less than

the width of the sidewalk up to a maximum distance of four (4) feet. Said sign shall be a

minimum of nine (9) feet above the grade elevation of the sidewalk.

C. Inspection Required. All signs for which a permit is required shall, unless waived by the building

inspector, be subject to the following inspections:

1. Footing inspection on all freestanding signs;

2. Electrical inspection on all illuminated signs;

3. An inspection of braces, anchors, supports and connections on wall signs.

D. Lighting. All signs permitted by this chapter to be illuminated, shall be installed so as to avoid any

glare or reflection into any adjacent property or onto a street or alley, so as not to create a traffic

hazard.

E. Prohibited Lighting and Movement. No exposed neon and similar tube type of illumination, including

open light bulbs, except indirect lighting, shall be permitted. Further, no flashing, blinking, and/or

rotating lights shall be permitted. Except for electronic message displays, No action or animated signs

shall be permitted.

F. Traffic Hazards Prohibited. No sign shall be erected in such a manner as to interfere in any way with,

or confuse traffic or present any traffic hazard.

G. Revocation of Permits. The building inspector shall have the power and authority to revoke any

permit granted hereunder when it is his decision that the permitted sign has been constructed or is

being maintained contrary to the permit for same. Upon revocation of permit taking effect, the sign

shall become an illegal sign and subject to removal under the provisions of this chapter.

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H. Removal and/or Repair of Defective Signs.

1. The building inspector is authorized to forthwith cause the removal and/or repair of any sign

or signs found to be unsafe or defective to the extent that it creates an immediate and

emergency hazard to persons or property. All the actual cost and expense of any such removal

and/or repair by the building inspector shall be borne by the owner of such sign installation and

the owner of the premises on which located; each of them shall be jointly and severally liable

therefor, and action for recovery thereof may be brought by the city attorney upon proper

certification thereof to him by the building inspector.

2. Notice. No notice to the property owner or lessee shall be required, except effort to notify

owner or lessee shall be exercised by the building inspector or his designated representative,

when it is determined by the building inspector that an immediate emergency hazard to persons

or property exists.

I. Removal of Signs.

1. The building inspector is authorized to cause the removal of any sign illegally located in

the public right-of-way, or of any illegal sign as defined in this chapter. This remedy is in addition

to the violations provision of this chapter. All the actual cost and expense of any such removal

by the building inspector shall be borne by the owner of such sign installation and the owner of

the premises on which located; each of them shall be jointly and severally liable therefor, and an

action for recovery thereof may be brought by the city attorney upon proper certification

thereof to him by the building inspector.

2. Notice. Before physically removing or causing the removal of any illegal sign or sign

structures upon private property, the building inspector shall give at least thirty (30) days

written notice to the owner of the sign and/or the owner of the premises on which such sign is

located. The notice shall state the reasons and grounds for removal, specifying the deficiencies

or defects in such sign or sign structure with reasonable definitions, and the violations charged;

such notice shall specify what repairs, if any, must be made to make such an installation

conform to the requirement of this chapter, and specify that the sign must be removed or made

to conform with the provisions of this chapter within thirty (30) days of such notice. Service of

notice may be made personally on the owner or lessee, or by certified mail addressed to the

owner or lessee at the address specified in the application, or the last known address. No such

notice shall be required for the removal of signs from the public right-of-way. Neither shall any

such notice be required where the city attorney elects to take legal action against illegal signs in

either the city or superior courts.

J. Conforming Signs. Every sign in existence as of the effective date of the ordinance codified in this

chapter which conforms to the provisions of this chapter is a legal, conforming sign.

K. Nonconforming Signs.

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1. Every sign in existence as of the effective date of the ordinance codified in this chapter, and

which was legal at the time of installation, and which does not conform to the provisions of this

chapter, is a nonconforming sign. Such signs shall be legal for the purposes of this chapter.

a. In the event such nonconforming sign is abandoned or discontinued, said sign shall

be required to conform to the provisions of this chapter.

b. Notwithstanding the other provisions of this chapter, for purpose of this section, a

change of copy or sign face shall not be deemed a discontinuance of use. However, that

in the event any such sign is hereafter damaged exceeding fifty (50) percent of the

reproduction value according to appraisal thereof by three (3) competent appraisers,

or is removed by any means whatsoever, including an act of God, such sign may be

restored, reconstructed, altered or repaired only to conform with the provisions of this

chapter. Reasonable alterations and repairs may be made to nonconforming signs.

L. Street addresses.

1. Every building, group of buildings, improved site and residence shall be identified by a street

number which shall be clearly visible from the adjacent street. The maximum height of any

individual number or letter shall be six (6) inches.

2. The total area of the street number shall not be included in the calculation of sign area.

Chapter 17.84 - ADMINISTRATION AND ENFORCEMENT

Sections:

17.84.010 - Purpose.

17.84.020 - Zoning administrator.

17.84.030 - Building inspector.

17.84.040 - Applications for building permits required.

17.84.050 - Plans required.

17.84.060 - Permits to comply with title.

17.84.070 - License to comply with title.

17.84.080 - Permits required.

17.84.090 - Construction and use to comply with application.

17.84.100 - Certificate of zoning compliance required.

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17.84.110 – Planning and zoning commission.

17.84.010 - Purpose.

The purpose of this chapter is to provide for the administration and for the enforcement of this title. If

any building or structure is erected, constructed, reconstructed, altered, repaired, converted or

maintained or any building, structure, or land is used in violation of the provisions of this title, the city

may institute appropriate action to:

A. Prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion,

maintenance or use;

B. Restrain, correct or abate the violation;

C. Prevent the occupancy of such building, structure or land;

D. Prevent any illegal act, conduct, business, or use in or about such premises.

17.84.020 - Zoning administrator.

A. For the purpose of the administration and enforcement of this section within the corporate limits of

the city, the position of zoning administrator is established.

1. The director is designated zoning administrator.

2. The director may also designate deputy zoning administrators as deemed necessary for the

proper administration and enforcement of this section.

B. The zoning administrator shall also:

1. Serve as staff executive to the commission;

2. Review recommendations, recordable documents, platting and rezoning;

3. Represent the commission in conference with property owners, builders and developers in

regard to development or utilization of specific properties;

4. Prepare studies, proposals and reports on zoning matters and provide such information to the

council;

5. Supervise and evaluate work of department staff;

6. Adopt rules and procedures consistent with this title for its implementation.

17.84.030 - Building inspector.

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A. For the purpose of the administration of such building codes as the city may adopt, and to assist in

the enforcement of the planning and zoning ordinance, the position of building inspector is created. The

building inspector shall:

1. Issue permits for the construction, reconstruction or alteration of any building or structure

which conforms to the provisions of this title;

2. Examine the premises for which building permits have been requested;

3. Conduct necessary inspections to secure compliance with the provisions of this title;

4. Make investigations in connection with any matter referred to in this title and render written

reports when requested by the council, or when the interests of the city so require;

5. Issue such notices or orders as may be necessary for the purpose of enforcing compliance

with the provisions of this title.

B. The building inspector shall keep careful and comprehensive records of applications for building

permits, of inspections made, of reports rendered, and of notices or orders issued. He or she shall retain

on file copies of all papers in connection with building permits for such times as may be required by law.

C. Permits for uses, buildings, or purposes where the same would be in conflict with the regulations of

this title shall not be issued, and any such permit if issued in conflict with the regulations of this title,

shall be null and void.

17.84.040 - Applications for building permits required.

Any person, firm or corporation desiring to construct, remodel or move a building or structure, or

construct certain signage within the city shall make application therefore to the building inspector

before commencing construction thereon.

17.84.050 - Plans required.

All applications for building permits shall be accompanied by plans which have been drawn to scale

showing the actual dimensions of the lot to be built upon, the size and location of existing buildings,

buildings to be erected, and the location and layout of proposed off-street parking areas. Plans for

multiple dwellings shall also include a planting plan showing how the premises will be landscaped. A

careful record of such applications and plans shall be kept in the office of the zoning administrator for a

period of two years from the date of receipt thereof. Plans of large scale developments shall be kept for

the life of the project.

17.84.060 - Permits to comply with title.

From the time of the effective date of the ordinance codified in this title, permits shall not be granted

for the construction or alteration of any building or structure or for the moving of a building or structure

onto a lot or for the change in use of any land, building or structure, if such construction, alteration,

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moving, or change in use would be a violation of any of the provisions of this title, nor shall any sewer or

water service line, electric or gas utility be in violation of this title.

17.84.070 - License to comply with title.

No license shall be issued by any official or employee vested with the duty and authority to issue

licenses which would not be in conformance with the provisions of this title. Any license so issued shall

be null and void.

17.84.080 - Permits required.

A. No building or structure shall be constructed, reconstructed, altered or moved, nor shall the use of

any land be changed, except after the issuance of a permit for the same by the building inspector or

zoning administrator.

B. Construction shall be started within one hundred twenty (120) days from the date of issue of the

permit, and shall be pursued diligently until completion unless delayed by unavoidable causes.

17.84.090 - Construction and use to comply with application.

Building permits or certificates of zoning compliance issued on the basis of plans and specifications

approved by the zoning administrator authorize only the use, arrangement and construction set forth in

such approved plans and applications, and no other use, arrangement or construction. Use,

arrangement or construction at variance with that authorized shall be deemed to be a violation of this

title.

17.84.100 - Certificate of zoning compliance required.

A. It is unlawful to use or occupy or permit the use or occupancy of any building or premises until a

certificate of zoning compliance shall have been issued therefor by the zoning administrator, stating that

the proposed use of the building or land conforms to the requirements of this title. No conforming

structure or use shall be changed or extended until a certificate of zoning compliance shall have been

issued by the zoning administrator. The certificate of zoning compliance shall state specifically wherein

the nonconforming use differs with the provisions of this title.

B. The zoning administrator may permit the occupancy of a building prior to the completion of all

required work, provided a bond or other assurance has been posted with the city clerk in an amount

equal to the cost of completing said required work as determined by the zoning administrator. The

zoning administrator shall maintain a record of all certificates of zoning compliance for a period of two

years, and a copy shall be furnished upon request to any applicant.

C. Failure to obtain a certificate of zoning compliance shall be a violation of this title.

17.84.110 – Planning and Zoning commission.

A. Creation, Composition, Terms of Members, Vacancies, Compensation of Members.

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1. There is created a city planning and zoning commission to be known as the commission.

2. The commission shall be composed of a total of seven members who shall be residents and

taxpayers of the city.

3. The members of the commission shall be appointed by the mayor subject to the approval of

the council of the city.

a. These appointments shall be for a period of four years each, with the terms of the

members staggered so that the terms of no more than three members shall expire in

any one year.

b. The initial appointments shall be for two members with terms for one year; for two

members with terms for three years; and for three members with terms for four years.

c. Members shall be appointed for a four- year term thereafter on July 1st of each year

at the expiration of each prior appointment. In the event of death or resignation of a

member, the vacancy may be filled for the unexpired term.

d. The term of all members shall extend until their successors are qualified, however,

three successive unexcused or unexplained absences from any regular or special

meeting shall be grounds for termination at the will and pleasure of the mayor without

the necessity of a hearing or notice, and such action shall be final.

4. All members shall serve without pay. However, members of the commission may be

reimbursed for actual expenses incurred in connection with their duties upon authorization or

ratification by the commission and approval of such expenditures by the council.

B. Powers and Duties.

1. It shall be the duty of the commission to hold public hearings where necessary and make

recommendations to the council on all matters concerning or relating to the creation of zoning

districts, the boundaries, zoning changes, and use permits, the appropriate regulations to be

enforced, the amendments of this title, and any other matter within the scope of the zoning

power and as authorized by state law.

2. The council may, at its discretion, authorize the commission to approve amendments to a

previously approved plan of development for a large scale development. The commission is also

authorized to confer and advise with other city, county, regional or state planning commissions.

C. Selection of Officers—Meetings and Rules.

1. The commission shall elect a chairperson and vice chairperson from among its own members,

who shall serve for one year until their successors are elected and qualified.

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a. The chairperson shall preside at all meetings and exercise all the usual rights, duties

and prerogatives of the head of any similar organization.

b. The chairperson shall have the power to administer oaths and to take evidence.

c. The vice chairperson shall perform the duties of the chairperson in the latter's

absence or disability.

2. The commission shall provide rules for its meetings; provided, however, that special meetings

may be called by the chairperson or, in his or her absence, by the vice chairperson. In addition,

any three members of the commission may make written request to the chairperson for a

special meeting in such a manner and form as may be provided in the commission rules.

3. Four members shall constitute a quorum.

a. The affirmative vote of a majority of the commission shall be required for the passage

of any matter before the commission.

b. The minutes of the meeting shall reflect the "ayes" and "noes" cast on a particular

measure and shall reflect the vote of each member present.

c. A member may abstain from voting only upon a declaration that he or she has a

conflict of interest.

Chapter 17.88 - BOARD OF ADJUSTMENT

Sections:

17.88.010 - Creation and membership.

17.88.020 - Powers and duties.

17.88.030 - Appeals.

17.88.040 - Application for variance.

17.88.050 - Public hearing.

17.88.060 - Limitations.

17.88.070 - Fees.

17.88.010 - Creation and membership.

A. Creation, Composition, terms of members, vacancies, compensation of members.

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1. There is created a zoning board of adjustment to be known as the city of Safford zoning board

of adjustment.

2. The city zoning board of adjustment shall be composed of a total of seven members who shall

be residents and taxpayers of the city.

3. The members of the board shall be appointed by the mayor subject to the approval of the

council of the city; provided, however, that the council of the city shall serve as board of

adjustment until such time as the council shall determine a need for a separate board of

adjustment.

a. These appointments shall be for a period of three years each, with the terms of

members staggered so that the terms of not more than three members shall expire in

any one year.

b. The initial appointments shall be for two members with terms for one year; for two

members with terms for two years; and three members with terms for three years.

c. Members shall be appointed for a three- year term thereafter except that

appointments shall be made at intervals, thereby extending the length of some initial

terms. In the event of death or resignation of a member the vacancy may be filled for

the unexpired term. One appointment or re-appointment shall be made each month.

d. The terms of all members shall extend until their successors are qualified; provided,

however, that three successive unexcused or unexplained absences from any regular or

special meeting shall be grounds for termination at the will and pleasure of the mayor

without necessity of a hearing or notice, and such action shall be final.

4. All members shall serve without pay. However, members of the board may be reimbursed for

actual expenses incurred in connection with their duties upon authorization or ratification by

the board and approval of such expenditures by the council.

B. Selection of Officers—Meetings and Rules.

1. The board shall elect a chairperson and a vice chairperson from among its own members, who

shall serve for one year until their successors are elected and qualified.

2. The chairperson shall preside at all meetings and exercise all the usual rights, duties, and the

prerogatives of the head of any similar organization.

3. The chairperson shall have the power to administer oaths and to take evidence.

4. The vice chairperson shall perform the duties of the chairperson in the latter's absence or

disability.

5. Vacancies created by any cause shall be filled for the unexpired term by a new election.

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6. The board of adjustment shall keep minutes of its proceedings showing the vote of each

member upon every question, or records of its hearings and other official actions.

17.88.020 - Powers and duties.

The board of adjustment shall have only the power and duties described by this title, which are:

A. Interpret upon appeal the terms of this title when the meaning of any word, phrase or regulation is in

doubt, when there is a dispute between the appellant and the zoning administrator or when the

location of a zoning district boundary is in doubt;

B. Allow upon application a variance when by reason of any peculiar situation, surroundings or

conditions of a specific property, or by reason of narrowness, shallowness or shape of a specific lot, or

by reason of unusual topographical conditions, the strict application of any regulation of this title would

result in unnecessary hardship upon the owner of such property, provided such variance can be granted

without detriment to the public good and without impairing the purpose of this title.

17.88.030 - Appeals.

A. An appeal to the board of adjustment concerning interpretation or administration of this title may be

taken when any person is aggrieved by an officer, or a department of the city affected by a decision of

an administrative official.

B. The appeal must be filed within sixty (60) days with the board of adjustment, specifying the grounds

of the appeal.

C. The officer from whom the appeal is taken shall transmit to the board of adjustment all papers

constituting the record upon which the action was taken.

D. The appeal stays all proceedings in the matter appealed, unless the officer from whom the appeal is

taken certifies to the board of adjustment that, by reason of the facts stated in the certificate, a stay

would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not

be stayed, except by a restraining order granted by the board or by a court of record on application and

notice to the officer from whom the appeal is taken.

E. The board shall fix a time for hearing the appeal and give notice to the interested parties and to the

public as required by this title.

F. The concurring vote of a majority of the board of adjustment shall be necessary to review any decision

of any administrative official of the city, or to decide in favor of the applicant on any matter or to affect

any variation from the conditions of this title.

G. The city attorney, or his designated representative, shall be the legal counsel for the board of

adjustment.

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H. Appeal of a decision made by the board of adjustment: A person aggrieved by a decision of the board

of adjustment may, at any time within thirty (30) days of the decision, appeal to the superior court.

17.88.040 - Application for variance.

A. Application for any variance to the regulations of this title shall be made to the board of adjustment.

Applications shall be made on forms prescribed by the board of adjustment, shall be filed with the

zoning administrator, and shall be accompanied by:

1. Accurate plot plans and description of the property involved, description of the proposed use,

preliminary floor plans and an estimate of the valuation of the proposed construction;

2. Evidence satisfactory to the board of adjustment of the ability and intention of the applicant

to proceed with actual construction work within one hundred twenty (120) days after allowing

any variance;

3. Reasons for requesting the variance.

B. The board may prescribe conditions as it may deem necessary to fully carry out the provisions and

intent of this title. Such conditions applying to a variance may include, among other things, a time

limitation for which the variance shall be valid. Violation of any condition shall render the variance null

and void.

C. A variance shall not be authorized unless the board of adjustment shall find sufficient evidence that:

1. Having to adhere strictly to the letter of this title will cause difficulties and hardships upon the

petitioner which are unnecessary in order to carry out the purposes of this title;

2. Special circumstances are attached to the property covered by the same application that does

not apply to other properties in the same zone;

3. That because of said special circumstances, property covered by the application is deprived of

privileges possessed by other properties in the same zone; and that the granting of the variance

is essential to the enjoyment of property possessed by the other properties in the same zone;

4. The difficulties and hardships were not created by any act of the appellant subsequent to the

effective date of the regulation appealed from.

17.88.050 - Public hearing.

A. Appeals. Upon receipt of appeals concerning interpretation or administration of this title, the board

of adjustment shall hold a public hearing after giving at least fifteen (15) days public notice.

B. Variance. Upon receipt of applications for a variance to the regulations of this title, the board of

adjustment shall hold a public hearing after giving at least fifteen (15) days public notice in advance of

the public hearing.

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17.88.060 - Limitations.

Any variance granted under the terms of this title shall expire within six months if action is not taken

from the date of granting the variance, unless otherwise stipulated.

17.88.070 - Fees.

A nonrefundable fee schedule shall be established for filing an application for any variance to the

regulations of this title. The fee schedule shall be filed in the department's office and shall be a public

record.

Chapter 17.92 - VIOLATIONS

Sections:

17.92.010 - Violation and penalty.

17.92.020 - Legal procedure.

17.92.030 - Inspection.

17.92.010 - Violation and penalty.

It is unlawful to erect, construct, reconstruct, alter, maintain or use any structure, or conduct any use, in

violation of any provision of this title, and any such violation constitutes a public nuisance.

A. Any person, firm or corporation convicted of violating any provision of this title, or any part thereof, is

guilty of a Class 2 misdemeanor punishable by a fine of not more than three hundred dollars ($300.00)

or by imprisonment in the Graham County jail for a period not to exceed six months.

B. Each and every day during which an illegal use continues constitutes a separate offense.

C. All remedies provided herein shall be cumulative and not exclusive. The conviction of any person, firm

or corporation hereunder shall not relieve such person, firm or corporation from the responsibility to

correct the violation nor prevent the enforcement, correction or removal thereof.

17.92.020 - Legal procedure.

A. The zoning administrator shall enforce the provision of this title by means of the following:

1. Notification to the offending party of the nature and extent of the violation, together with a

request for abatement of the violation within a stated period of time;

2. The withholding of building permits; and

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3. The issuance of a citation and initiation of criminal proceedings.

B. It shall be the duty of the city attorney and chief of police to join with the zoning administrator in the

enforcement of this title and all of its provisions.

C. Any use of property, erection, building or maintenance of a structure or property improvement,

which is contrary to the provisions of this title shall be, and the same is declared, a public nuisance, and

the city attorney, upon request of the zoning administrator, request of the city manager, order of the

council, or personal initiative, commence all necessary actions or proceedings for the abatement, and

removal thereof in the manner provided by law.

17.92.030 - Inspection.

The zoning administrator, building inspector, or any other enforcement officer may, in the discharge of

his or her duties as stated herein, and for good and probable cause, enter any premises, building or

structure at any reasonable hour to inspect the same in connection with any investigation or inspection

as to whether any portion of such premises, building or structure is being used in violation of this title. In

all cases where permission to inspect has been refused, the owner or occupant of any premises sought

to be inspected shall be given written notice personally or by registered mail at least twenty-four (24)

hours before such inspection takes place. Every person who denies, prevents, or obstructs access to

such premises after receipt of such written notice, or so attempts, shall be considered guilty of a

misdemeanor.