Chapter 18.100


18.100.010    Intent.

18.100.020    Sight distance at intersections.

18.100.030    Swimming pools.

18.100.040    Exceptions to height limitations.

18.100.050    Elevated storage facilities.

18.100.060    Flammable storage.

18.100.070    Gasoline station pumps.

18.100.080    Future street lines.

18.100.090    Projections into yards.

18.100.100    Fences, walls, and hedges.

18.100.110    Yard space for one building only.

18.100.120    Sale or lease of required space prohibited.

18.100.130    Accessory building prohibited as living quarters.

18.100.140    Storage of junk prohibited in residential districts.

18.100.150    Storage of trucks prohibited in residential districts.

18.100.160    Additional setbacks in residential districts.

18.100.170    Mutual garages across lot lines.

18.100.180    Mutual dwellings across lot lines.

18.100.190    Roof drainage.

18.100.200    Temporary uses and structures.

18.100.210    Home occupations.

18.100.220    Service stations.

18.100.230    Recreational vehicles.

18.100.240    Education and recreational buildings and uses.

18.100.250    Residential districts – Yards, height, and accessory structure restrictions.

18.100.260    Keeping of livestock and pets.

18.100.010 Intent.

It is the intent of this chapter to set forth supplementary and qualifying conditions which must be complied with, in connection with uses permitted within a zoning district or districts. (Ord. 06-10, 2006; prior code § 17-20-1)

18.100.020 Sight distance at intersections.

On corner lots in any district, nothing shall be erected, placed, planted, or allowed to remain, which materially impedes vision between a height of three feet and 10 feet above the centerline grades of the intersection streets in the area bounded by the street line of such corner lot and a line joining points along said street lines 25 feet from the point of intersection. (Ord. 06-10, 2006; prior code § 17-20-2)

18.100.030 Swimming pools.

Swimming pools shall be permitted in all zoning districts; however, no swimming pool shall be located in any minimum required front or side yard, nor shall any such pool be closer than five feet to any lot line.

Every swimming pool shall be enclosed by a fence or wall not less than five feet in height which is so constructed, gated and locked as to discourage unauthorized entry to such pool. (Ord. 06-10, 2006; prior code § 17-20-3)

18.100.040 Exceptions to height limitations.

Height regulations established elsewhere in these zoning regulations shall not apply to the following in any districts:

A. Chimneys, conveyors, cupolas, derricks, domes, flagpoles, observation towers, parapet walls extending not more than four feet above the height limit of the building, radio, television, or other communication towers, windmills, power transmission poles, church spires, monuments, belfries, bulkheads, water tanks, fire and hose towers, cooling towers, gas holders, grain elevators, or other structures not for human occupancy; provided, that such structures above the height limit specified for the zoning district shall not in the aggregate occupy more than 25 percent of the lot area and shall be distant not less than 25 feet from every lot line. (Ord. 06-10, 2006; prior code § 17-20-4)

18.100.050 Elevated storage facilities.

Any elevated storage facility, water tower, or other structure where a large weight would be supported by legs, structural wall or other supports shall be so located that if it should collapse, its reclining length would still be contained on the property on which it was erected. (Ord. 06-10, 2006; prior code § 17-20-5)

18.100.060 Flammable storage.

The following minimum regulations apply to the dispensing and bulk storage of all flammable products in all zoning districts:

A. Retail storage tanks shall comply with State Fire Marshal regulations and the most recently adopted Uniform Fire Code. (Ord. 06-10, 2006; prior code § 17-20-6)

18.100.070 Gasoline station pumps.

In any district no gasoline pump island shall be located closer than 14 feet to any right-of-way or property line or closer than 50 feet to any residential district. (Ord. 06-10, 2006; prior code § 17-20-7)

18.100.080 Future street lines.

Where future street lines have been officially established by the town council, all required setbacks shall be measured from such projected street lines. (Ord. 06-10, 2006; prior code § 17-20-8)

18.100.090 Projections into yards.

In all residential districts the following regulations of projections into required yards shall apply:

A. Awnings, open fire balconies, fire escape stairs, window-type refrigeration units, suspended or roof evaporative coolers and forced air furnaces may project not more than five feet over any required yard; provided, that they are no closer than two feet to any lot line.

B. Except as provided elsewhere, no compressor unit, condensing unit, cooling tower, evaporative condenser or similar device shall be located closer to any interior lot line than the minimum setback required for the main building.

C. Cornices and eaves may project not more than three feet over any required yard; provided, that they are no closer than two feet to any lot line.

D. Sills, leaders, belt courses and similar ornamental features, may project not more than one foot over or into any required yard; a chimney or pilaster may project not more than two feet into any required yard; provided, that it is not more than eight feet in dimension paralleling the nearest lot line.

E. Unroofed terraces, patios, steps or similar features not over three feet in height above grade may project into any required yard. (Ord. 06-10, 2006; prior code § 17-20-9)

18.100.100 Fences, walls, and hedges.

In all residential districts, the following regulations of fences, walls and hedges shall apply:

A. Height, Front. No fence, wall, or hedge exceeding four feet in height above grade shall be erected, placed, planted or allowed to remain in or along the front or side lot line to the front line of the residence of any required front yard.

B. Prohibited Materials. No property line fence shall contain barbed wire, electrical current or charge of electricity, broken glass or similar hazardous materials or devices; provided, however, that fences in B/C districts which enclose storage areas may have barbed wire connected therewith so long as said barbed wire is located more than six feet in height above grade.

C. Height, Rear. All fences and walls, with the exception of retaining walls and the provisions of subsection A of this section, will be limited to a maximum height of eight feet (except front yards) in residential districts and will be neatly constructed so as not to present an eyesore and must use the following materials: block, brick, wood, chain link, ornamental iron, wire strand or welded wire.

D. Masonry or Block/Stone Walls. To construct a masonry or block/stone wall:

1. Requires a building permit.

2. Footers are required and shall be inspected by the building department prior to construction. (Ord. 06-10, 2006; prior code § 17-20-10)

18.100.110 Yard space for one building only.

No required yard or other open space around an existing building which is needed to comply with the provisions of these zoning regulations shall be considered as providing a yard or open space for another building which is to be erected or established. (Ord. 06-10, 2006; prior code § 17-20-11)

18.100.120 Sale or lease of required space prohibited.

No space needed to meet the width, yard area, coverage, parking, frontage on a public street or other requirement of these zoning regulations for a lot or building may be sold, bequeathed or leased apart from such lot or building unless space so complying is provided; nor shall any land be sold which will result in an existing or future lot for dwelling purposes that does not comply with all the provisions of these zoning regulations. (Ord. 06-10, 2006; prior code § 17-20-12)

18.100.130 Accessory building prohibited as living quarters.

Living and sleeping quarters shall not be permitted in any accessory building in any residential district except as specifically permitted herein. (Ord. 06-10, 2006; prior code § 17-20-13)

18.100.140 Storage of junk prohibited in residential districts.

No yard or other open space surrounding an existing building in any residential district, or which is hereinafter provided around any building in any residential district, shall be used for the storage of junk, debris, or inoperable vehicles and no land shall be used for such purposes, except as specifically permitted herein. (Ord. 06-10, 2006; prior code § 17-20-14)

18.100.150 Storage of trucks prohibited in residential districts.

The storage of more than one truck having a rated capacity of more than one and one-half tons and the storage of construction equipment such as bulldozers, graders, dump trucks and others shall not be permitted on any lot in residential districts; except, however, such construction equipment may be stored on a lot during construction of building thereon, but not to exceed one year. (Ord. 06-10, 2006; prior code § 17-20-15)

18.100.160 Additional setbacks in residential districts.

Side setbacks for nonresidential buildings in residential districts shall not be less than the sum of the length of the building wall measured along the side yard and the average height, divided by 10; except that no building shall be set back less than the minimum distance required in the district. (Ord. 06-10, 2006; prior code § 17-20-16)

18.100.170 Mutual garages across lot lines.

An accessory building such as a detached carport or garage may be constructed across a common lot line by written agreement between the two adjoining property owners when such agreement is recorded in the office of the county recorder. (Ord. 06-10, 2006; prior code § 17-20-17)

18.100.180 Mutual dwellings across lot lines.

In districts in which two-household dwellings are permitted, a two-household dwelling 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. (Ord. 06-10, 2006; prior code § 17-20-18)

18.100.190 Roof drainage.

Surface water from rooftops shall not be allowed to drain directly onto adjacent lots except after written agreement between the two adjoining property owners is recorded in the office of the county recorder. (Ord. 06-10, 2006; prior code § 17-20-19)

18.100.200 Temporary uses and structures.

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

A. Permits. Application for a temporary building or use permit shall be made to the building official 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.

B. Uses. The following are temporary uses and are subject to the following specific regulations and time limits, in addition to the requirements of any district in which the use is located:

1. Carnival, Circus or Music Festival. When authorized by the town council, a temporary use permit for a carnival, circus or music festival may be issued in any district, for a period not longer than 10 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 45 days.

3. Contractor’s Office. In any district, a temporary use permit may be issued for a contractor’s temporary office and equipment sheds incidental to a construction project. The permit shall be valid for not more than one year but shall be renewable for one year. The office and/or shed shall be removed upon completion of the construction project.

4. Real Estate Sales Office. In any district, a temporary use permit may be issued for a temporary real estate sales office in any new subdivision which has been approved in accordance with the town of Huachuca City subdivision regulations. The permit for such office shall be valid for not more than one year, but is renewable for up to three years. The office shall be removed upon completion of the development. A model home may be used as a temporary sales office. (Ord. 06-10, 2006; prior code § 17-20-20)

18.100.210 Home occupations.

A home occupation may be permitted upon application to the town clerk in any residential district, subject to the following conditions:

A. The home occupation requires a business license from the town clerk and is subject to review by the building official. If the applicant is not the owner of the premises, written owner permission for the home occupation must accompany the business license application.

B. Offices of members of recognized professional persons may be permitted; provided, that no more than one person, not a member of the household, may be employed in connection with such operation in such office. One small professional or announcement sign not over one square foot in area shall be allowed affixed to the main wall of the main residence dwelling.

C. Prohibited Home Occupation Uses.

1. The operation of a weapons merchant is strictly prohibited as a home based business. This includes the sale, mail order, trade, manufacture, display, storage, or repair of any sort of weapon, ammunition, explosive device and/or material including all weapons prohibited under ARS Section 13-3101.

2. Barber and beauty shops, nail salons, commercial stables, cosmetologists, pet grooming or boarding, embalmers and morticians, human and animal medical/dental services, massage therapists, restaurants, storage, and all auto-related service and repair. (Ord. 19-01 § 2, 2019; Ord. 06-10, 2006; prior code § 17-20-21)

18.100.220 Service stations.

No building or use permit shall be approved for an automobile service station unless accompanied by the following:

A. A site plan showing the building area, service area and sales area;

B. Rendering of buildings, the construction of which shall be in reasonable conformity thereto. All structures shall be of a design character that is appropriate to the area in which they are to be constructed. All canopies shall be connected to the roof of the main structure unless otherwise approved;

C. A detailed landscape plan showing plant type, size and spacing;

D. A solid wall or fence at least six feet in height shall be required between all automobile service station sites and adjoining residential districts;

E. All signs and outdoor lighting shall be placed in such a manner so as not to interfere or confuse traffic or present any hazard to traffic. (Ord. 06-10, 2006; prior code § 17-20-22)

18.100.230 Recreational vehicles.

A. No recreational vehicles shall be used for any permanent dwelling purposes unless placed within a recreational vehicle park; permanent dwelling purposes shall be a period of time that exceeds 72 hours.

B. Parking or storing unoccupied recreational vehicles shall be allowed in any zoning district, upon private property with the owner’s consent.

C. No parking of recreational vehicles shall be allowed in town parks overnight or between the hours of 10:00 p.m. and 5:00 a.m. without a special events permit approved by the town council.

D. Parking of an occupied recreational vehicle may be permitted in any zoning district provided that:

1. The recreational vehicle is fully self-contained or the occupants have full access to approved sanitary facilities.

2. The term of stay is limited to 72 hours for outdoor sales and special events. The term of stay is limited to 30 days for private guests classified as nonbusiness uses.

3. The vehicle is parked upon the property of a consenting landowner and does not interfere with the adjoining landowner’s use or enjoyment of their property.

4. The landowner does not charge or receive any monetary remuneration. (Ord. 06-10, 2006; prior code § 17-20-23)

18.100.240 Education and recreational buildings and uses.

Schools, colleges, churches, public libraries, public museums, public art galleries, municipal recreational buildings, playgrounds, parks, and fraternal uses, as well as public utilities to service the district as necessary within the limits of town of Huachuca City, are subject to zoning commission approval.

No gasoline filling stations, automobile repair shop, public garages, or parking lots shall have an entrance or exit for vehicles within 30 feet of a residential zone, nor shall any part of gasoline filling station, public garage or automobile repair shop be within 50 feet of the grounds of any school, public playground, church, hospital, sanitarium, public library or in situations for dependents or children. (Ord. 06-10, 2006; prior code § 17-20-24)

18.100.250 Residential districts – Yards, height, and accessory structure restrictions.

A. In the case of corner lots, the administrative official shall determine the front yard; however, the side yard must still meet the corner lot setback requirement as shown in Table One.

1. At least one front yard shall be provided having the full depth required in the district.

2. No other front yard on such lot shall have less than half the full depth required for that district.

B. Detached accessory buildings located on the rear 20 feet of the lot may be erected within zero feet of the property line or alley easement; also provided further, that if the accessory building has a door or doors that opens onto the alley the accessory building shall be recessed a minimum distance of four feet.

When a carport is attached to the principal building or in front of the house it may be erected within five feet of the property line. But the carport so placed must be retained as an open shelter.

C. In all classes of residential districts, there shall be a rear yard of not less than 20 feet in depth measured from the principal building.

D. Maximum building height in all residential districts:

1. Residential buildings: two stories or 30 feet, whichever is greater.

2. Accessory buildings: 15 feet above grade.

E. It is the intent of these regulations that all yard setbacks be measured from the property line or the alley/utility easement. (Ord. 06-10, 2006; prior code § 17-20-25)

18.100.260 Keeping of livestock and pets.

Horses, burros, donkeys and mules are permitted within the town of Huachuca City, subject to the following provisions:

A. The parcel of land on which they are kept is a minimum of four acres.

B. There shall be a minimum of one acre per one animal maintained, exclusive of minimum dwelling site requirements.

C. No animal shall be stabled any less than 50 feet from any residence on the property or 100 feet from dwellings on other properties.

D. Provided further, that all town, county and state sanitary and health regulations shall be complied with and met.

E. No cattle, sheep, hogs, rabbits, poultry, or other livestock shall be kept or maintained on any property within the town except in current on parcels of four acres or more.

F. This section shall not be construed, however, as prohibiting the keeping of ordinary domestic pet animals upon property within said town.

G. No exotic or unusual types of pet animals or reptiles shall be allowed within the town of Huachuca City without approval of the board of adjustment.

H. FFA and 4-H projects may be allowed by the board of adjustments by appeal if they are determined not to be detrimental to the area.

Nothing in this section on livestock will be construed to permit any animals, whether permitted or not permitted within a particular zone, to run free and uncontrolled. Any and all of such animals are subject to seizure and impoundment by the town of Huachuca City at the expense of the owner thereof. (Ord. 06-10, 2006; prior code § 17-21)