Planning & Zoning Ordinance

Article 29-3 Supplementary Requirements and Procedures Applicable within Zones

Section 29-3-1 Intent

The intent of this Chapter is to accumulate, under one heading, regulations which apply to two (2) or more zones rather than to repeat them several times. It is not the intent of this Chapter to specify uses allowed within a zone but to set forth supplementary and qualifying conditions which must be complied with in connection with such uses.

Section 29-3-2 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 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.

Section 29-3-3 Accessory Buildings and Uses

1. Customary Outbuildings, including garages, sheds, boat houses, railroad shelters, swimming pool, satellite earth stations, accessory buildings may be located within or maintained as accessory to any building lawfully within the boundaries of any specified district.
    
2. 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 percent (30%) of the required rear yard. Accessory buildings shall be at least three (3) feet from any property line and be 10 feet from any other building.

   2. 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 be limited to twelve feet (12') in height.

   4. In the case of corner lots, accessory buildings shall be placed not less than twenty feet (25') from the street.
    

3. Swimming Pool Protection.
    
    All private or semi-public swimming pools shall meet the following standards of safety:

   1. The pool and all structures housing appurtenance shall not be less that five (5) feet from the nearest property lines.

   2. The pool, enclosure and mechanical equipment shall comply with the 1997 Edition of the Uniform Swimming Pool Code and ARS. 36-1681.
    

4. Satellite Earth Stations.

   1. Satellite earth stations that are 1 .5 meters (just under 5 feet) or less in diameter may be located anywhere on a residential property except in the front yard or above fifteen feet (15') in height and provided that they meet the setback requirements as shown in Section 29-3-3 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 29-3-3.
    

   1. They can only be used for private, noncommercial purposes.
       
   2. 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 Planning Department reviews and approves satellite earth stations larger than 1 .5 meters in diameter in commercial zoning districts. In commercial districts, any dish antenna may not be placed more than twenty-five feet (25') 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.

Section 29-3-4 Abandoned or Junk Vehicles

1. All abandoned or junk vehicles, or vehicles while being repaired or restored, shall be stored in an enclosed area by the owner or occupant of the property upon which such vehicle is located..
    
2. For the purposes of this Section:

   1. "Abandoned or junk vehicle" means a vehicle or any major portion thereof which is incapable of movement under its own power and will remain so without major repair or reconstruction and is not currently registered.

   2. "Major repair" means the removal any vehicle or a major portion thereof including, but not limited to, the differential, transmission, head, engine block, or oil pan.

   3. "Vehicle" means any self-propelled device in, upon, or by which any person or property is or may be transported upon a public highway excepting devices moved by human power or used exclusively upon stationary rails or tracks.

Section 29-3-5 Storage of Trucks in Residential Zone Prohibited

The storage of more than one truck having a rated capacity of one and one-half (1 1/2) 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, but not to exceed one (1) . year.

Section 29-3-6 Storage of Junk and Debris in Residential Zones Prohibited

No yard or other open space surrounding an existing building in any Residential Zone, or which is here often provided around any building in any residential zone, shall be used for the storage of junk, debris, or (non-licensed) vehicles; and no land shall be used for such purposes, except as specifically permitted herein.

Section 29-3-7 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 Town Council.

Section 29-3-8 Mutual Dwellings Across Lot Lines Permitted

In zones in which two-family dwellings may be constructed across a common lot line when separated on the line by a dividing wall, provided a written agreement between the two adjoining property owners is recorded in the office of the County Recorder.

Section 29-3-9 Maximum Height of Fences

No fence or wall shall be constructed higher than three feet (3') 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 street may be constructed to a height of six feet (6') when located more than fifty feet (50') from the street intersection. The rear fence, wall, or hedge on a corner lot shall have the same requirements as the front and as the lot adjacent to it.

Section 29-3-10 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 line connecting them at points fifty feet (50') from the intersection of the street lines

Section 29-3-11 Drainage

Surface water from rooftops or lots shall not be allowed to drain onto adjacent lots.

Section 29-3-12 Effect of Street Plan

Wherever a front or side yard is required for a building, which had been designated by the Planning and Zoning Commission as a future street, the depth of such front or side yard shall be measured from the planned street lines.

Section 29-3-13 Lot Access Requirements

1. Adequate frontage upon a public street, or
    
2. Adequate and recorded access to a public street by a private road, the location of which shall be first approved by the Planning and Zoning Commission and the Council of the Town of Thatcher, as described herein:

   1. Where the said private road is to provide access to not more than two (2) residences, the said private road shall not be less than twenty feet (25') in width and shall be covered at a minimum with a four inch (4") depth of aggregate base course meeting Town Standards. Street or driveway turnouts are required according to Town Standards.

   2. Where access to a public road for three (3) 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 Town of Thatcher shall apply, or shall be subject to those conditions imposed by reason of the issuance of a Use Permit in accordance with the Code and Ordinances of the Town of Thatcher.

   3. All private roads, for so long as they shall remain private, shall be maintained to the foregoing Standards, and in the event the Town of Thatcher is required to perform any maintenance upon the same for the health and welfare of the people of the Town of Thatcher, the said Town may assess the cost thereof against the party.

   4. In no event shall this Paragraph 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.

Section 29-3-14 Exception to Front and Side Setback Requirements

The setback from the street for any dwelling located between two (2) existing dwellings in any Residential Zone may be the same as the average for said two (2) existing dwellings, provided the existing dwellings are on the same side of the street, and are located within one hundred fifty feet (150') of each other.

Section 29-3-15 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.

Section 29-3-16 Intent of Landscaping Requirements

1. 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.
    
2. 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 multi-family 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.
    
3. C. Where landscaping is required in this title, a planting plan showing the location and name of plant materials, and watering system shall be submitted to the Zoning Director except that a planting plan shall not be required for one-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 determines that they are not consistent with the intent of this title.
    
4. D. Any use of property, which, on the effective date of the Ordinance codified herein, is nonconforming only as to the regulations relating to landscaping, may be continued in the same manner as if the landscaping were conforming.

Section 29-3-17 Temporary Uses and Structures

The following regulations shall govern the operation of certain transitory or seasonal uses:

1. Application for a temporary Use Permit shall be made to the Zoning Administrator, and shall contain the following information:

   1. A 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;

   3. Sufficient information to determine the yard requirements, sanitary facilities, and availability of parking space to service the proposed use.

2. The following are temporary uses and are subject to 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. When authorized by the Town Council, a temporary Use Permit for a carnival or circus may be issued in any zone, for a period not longer than fifteen (15) days;

   2. Christmas Tree Sales. A temporary Use Permit, when authorized by the Town Council, may be issued for 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. In any zone, a temporary office and equipment sheds incidental to a construction project. The permit shall be valid for not more than one (1) . year but shall be removed upon completion of the construction project;

   4. Real Estate Sales Office. In any zone, a temporary Use Permit may be issued for a temporary real estate sales office in any new subdivision or Large Scale Development which has been approved in accordance with Town regulations. The permit for such office shall be valid for not more than one (1) . year but is renewable for up to three (3) years. The office shall be removed upon completion of the development. A model home may be used as a temporary sales office.

Section 29-3-18 Mobile Homes or Manufactured Homes Prohibited - Exceptions

No occupied trailer house or mobile home or manufactured home shall be placed on any lot or parcel of land within the Town except in compliance with one (1) . or more of the following conditions:

1. When temporarily located on a lot on which a building is being constructed, but not to exceed one (1) . year, provided that a bond or a mortgage on the trailer house or other property in the amount of two hundred dollars ($200) shall first be posted with the Town guaranteeing the removal of the trailer house from the lot within one (1) . year from date of permit.
    
2. When placed in an approved Mobile Home Park or Mobile Home District.
    
3. When located in the C-MH or MHD zone and all of the regulations of the C-MH or MHD zones are complied with pertaining to area and width of lot, size of yard, and height and size of buildings.
    
4. When approved by the Zoning Commission and Town Council as a Permitted Use for a particular lot.

Section 29-3-19 Home Occupation

A Home Occupation is that accessory use of a dwelling that shall constitute either entirely or partly the livelihood of a person living in the dwelling, subject to the following:

1. No Home Occupation shall be permitted that:

   1. Changes the outside appearance of the dwelling or is visible from the streets;

   2. Generates traffic, parking, sewerage or water use in excess of what is normal in the residential neighborhood;

   3. Creates a hazard to person or property, results in electrical interference, or produces offensive noise, vibration, smoke, dust, odors, heat, or glare;

   4. Results in outside storage or display of anything.

   5. The activity shall be limited to the hours between eight (8) a.m. to five (5) p.m.
    

2. The following are permitted Home Occupations provided they do not violate any of the provisions of the previous Paragraph:

   1. Dressmaking, sewing, and tailoring;

   2. Painting, sculpturing, or writing;

   3. Telephone answering;

   4. Home crafts, such as model making, rug weaving and lapidary work;

   5. Tutoring, limited to four (4) students at a time;

   6. Home cooking and preserving;

   7. Computer programming.
    

3. The following are prohibited as Home Occupations:

   1. Barber shops and beauty parlors;

   2. Animal hospitals;

   3. Dance studios;

   4. Mortuaries;

   5. Nursery schools;

   6. Private clubs;

   7. Repair shops;

   8. Restaurants;

   9. Stables or kennels;

   10. Tourist homes;

   11. Automobile repair or paint shops.
    

4. Any proposed Home Occupation that is neither specifically permitted by Paragraph B nor specifically prohibited by Paragraph C shall be considered a conditional use and be granted or denied by the Planning Board upon consideration of those Standards contained in Paragraph A.

Section 29-3-20 Dwelling Sites to Have Frontage on a Public Street

At least one (1) side of each lot used as a dwelling site shall abut upon a public street which will provide access to the dwelling, except in Large Scale Developments, and the length of such abutting side, measured at the required setback line, shall be at least as great as the width required for dwelling sites in the zone in which such building site is located. The Board of Adjustment may permit a dwelling to be built upon a lot which does not front upon a street, subject to the following conditions:

1. The entire front of the building can be viewed from a public street;
    
2. The building is constructed at least twenty-four feet (24') from the nearest building on the same or adjoining lot;
    
3. The development will not cause undue concentration of population;
    
4. In the opinion of the Zoning Commission, values in the area will be safeguarded adequately.
    
5. Abuts along a permanent, unobstructed easement of access to the lot from a public street.

Section 29-3-21 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 Zoning Commission and Town Council pursuant to express authority given under the terms of this title. Where the Zoning Commission and Town Council 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.

Section 29-3-22 Moved Buildings

1. 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 Town to another site within the Town or from a site outside of the Town to a site within the Town, without first filing an application with the Zoning Administrator.
    
2. 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;

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

3. The application shall then be submitted to the Zoning Commission and Town Council for approval.
    
4. Before the Zoning Commission and Town Council may approve an application for the moving of a building onto a lot within the Town, 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 Town Standards.
    

5. The building and grounds shall be brought up to the Standards required of new buildings before being occupied.
    
6. Before a permit to move a building may be granted, the applicant shall post a bond or other assurance as determined by the Zoning Commission, to cover costs of bringing the buildings and grounds up to standard. In the event of failure to comply with conditions required by the Board of Adjustment, the Town Council may declare the bond or other assurance forfeited and use the proceeds therefrom in performing the work.
    
7. The bond shall also cover the costs involved in cleaning up the vacated site and restoring it to a safe and sightly condition.

Section 29-3-23 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.

1. Parking for Single Dwellings.
    
   For all single dwellings hereafter erected, or for any building converted to such use or occupancy, there shall be provided two 2 parking spaces.
    
2. Parking for Multiple Dwellings.

   1. For multiple dwelling units, three (3) parking spaces shall be provided for each two (2) dwelling units containing two (2) bedrooms or less, and two (2) parking spaces shall be provided for each apartment unit containing three (3) or more bedrooms.

   2. For multiple dwellings where the dwelling unit consists of one (1) room in addition to a bathroom and a kitchen (efficiency), one (1) space shall be provided for each such unit.

   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 are the fronting streets.
    

3. 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 (1) parking space for every five (5) 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 (1) parking space for every five (5) persons for which seating is provided.

   3. Bowling alleys, funeral homes, private clubs, fraternal organization, and similar uses.
    
   One (1) parking space for each two hundred (200) square feet of floor area, or fraction thereof, in the building.
    

4. Hotels and Motels.
    
   Shall have one (1) parking space per room or suite, plus one (1) parking space for each employee at work on the premises during daylight hours.
    
5. 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 (1) parking space for every five (5) beds in the building, and one (1) parking space for each staff physician, and one (1) parking space for every two (2) employees.
    
6. 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 (1) parking space for every two hundred fifty (250) square feet of floor area, for High Schools, Colleges and Universities and one (1) parking space for every three hundred fifty (350) square feet for Elementary, Primary and Middle Schools.
    
7. Parking for Travel Trailer Parks.
    
   For all travel trailer parks, there shall be provided one (1) parking space for each mobile home space or travel trailer space in such park.
    
8. Office Buildings
    
   For all office buildings hereafter erected, or for any building converted to such use or occupancy, there shall be provided one (1) parking space for each two hundred fifty (250) square feet of floor area, or fraction thereof, in the ground level floor of the building, and one (1) parking space for each three hundred (300) square feet of floor area, or fraction thereof, in other than the ground level floor of the building.
    
9. 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 (1) parking space for each fifty (50) square feet of floor area.
    
10. Restaurants.
     
    There shall be one (1) 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.
     
11. Other Commercial Buildings.
     
    For all other commercial buildings hereafter erected, or for any building converted to such use, there shall be provided one (1) parking space for each two hundred (200) square feet of floor area, or fraction thereof, in the ground level floor of the building, and one (1) parking space for each two hundred fifty (250) square feet of floor area, or fraction thereof, in other than the ground level floor of the building.
     
12. 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 (1) parking space for each three (3) employees.
     
13. Handicapped Parking.
     
    All parking areas which contain over five (5) 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 one handicapped parking space for every fifty (50) standard parking spaces. In accordance with Town policy, American Disability standards relating to dimensions and locations shall also apply.
     
14. Location of Required Parking Spaces.
     
    The required parking spaces shall be located as follows:

    1. On the same lot as the use they are intended to serve; or

    2. Within four hundred feet (400') of the premises they are intended to serve, if approved by the Zoning Commission and the Town Council.
     

15. Collection Action Relative to Parking.
     
    This Ordinance shall not be construed to prevent the joint use of parking spaces for two (2) 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.

Section 29-3-24 Restrictions on Keeping of Animals. Fowl, or Rodents

1. Any person having a parcel of land of less than one-half acre in size shall be prohibited from owning or keeping any animals, except customary household pets.
    
2. Any person having a parcel of unoccupied land at least one-half acre in size may keep three of any one animal or combination of animals totaling three and one additional animal for each additional one-half acre of land exclusive of animals under the age of six months.
    
3. Any person owning or keeping fowl or rodents shall be limited to fifty fowl or twenty five rodents or combination of fifty of such fowl and rodents with the maximum number of rodents being twenty-five. The increase over the limitations shall be disposed of within sixty days after being born or hatched.
    
4. Anyone keeping animals, fowl or rodents shall maintain their corrals or enclosures at least one hundred feet from any residence except that of the owner or keeper of said animals and at least two hundred feet from any place of business, school or church. This restriction shall not preclude pasturing of animals within the limitation for residences to the extent no nuisance or health hazard is created.
    
5. It is unlawful for anyone to cause or permit any animal to run at large, to be pastured, herded, staked or tied in any street, alley, lane, park or public place within the Town.
    
6. No pigs or poisonous reptiles shall be kept within the town limits.

Section 29-3-25 Sign Regulations Within Zones

1. A sign permit shall be required before the erection, re-erection, construction, alteration, placing, maintaining or locating of all signs regulated by this Section. 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 Town of Thatcher or other signs required by law.
    
2. in all residential zones signs shall not be over six square feet in area and shall pertain only to the sale, lease, or rental of the property upon which the sign is located. Illuminated signs are not permitted.
    
3. Community Activity and Political signs are allowed without a permit in all zones. Their size shall not exceed 12 square feet in sign area, shall not exceed six feet if freestanding, shall be temporary signs and shall be non-illuminated.
    
4. In C-i, lnd-1 and lnd-2 Zones an identification sign advertising the place of business and limited to one double-faced sign for each business establishment and neither face of such sign shall exceed 36 square feet in area and shall not occupy the space between three and ten feet, with a maximum height of thirty-five feet.

   1. The source of any sign illumination shall not be visible beyond the lot boundary. Refer Article 7-8 of the Town Code should any sign be closer than 30 feet to any residential District.

   2. No roof sign shall be erected upon the top of a building.

   3. Intermittent or flashing illumination and animated signs shall be subject to a Use Permit.
    

5. In C-2 Zones no such sign structure shall be erected in any block in which the front third (1\3) of any lot or parcel of land used for residential purposes comprise 50% or more of the block frontages.

   1. No part of such structure shall be closer to any street line than the front line of the nearest building within 100 ft provided, however, that when an advertising structure is erected between 2 buildings that are within 100 feet of the advertising structure, no part of the structure shall be erected closer to any street line than either of the 2 buildings.

   2. Such structures must maintain the appropriate residential side yard setbacks.

   3. No structure may be closer than 50 ft. to any other structure unless such structures are back-to-back, v-shaped, or opposite faces of a building or 2 structures may be placed side by side or end to end.

   4. No such sign structure face area or combination of sign structure face areas shall exceed 600 square feet unless facing in opposite directions.

   5. No such ground sign structure shall exceed a height of 35 feet.

   6. The source of any sign illumination shall not be visible beyond the lot boundary. Refer Article 7-8 of the Town Code should any sign be closer than 30 feet to any residential District.

   7. No roof sign shall be erected upon the top of a building.

   8. Intermittent or flashing illumination and animated signs shall be subject to a Use Permit.