Chapter 17.08
GENERAL PROVISIONS

Sections:

17.08.010    Adopted.

17.08.020    Title.

17.08.030    Declaration.

17.08.040    Purpose.

17.08.050    Building permits.

17.08.060    Walls and fences.

17.08.061    Outdoor storage.

17.08.062    Fences, electric.

17.08.063    Height limitations on corner lots.

17.08.010 Adopted.

That certain document known as "The Town of Pinetop-Lakeside Zoning Regulations," three (3) copies of which are on file in the Office of the Town Clerk of the Town of Pinetop-Lakeside, Arizona, which document was made a public record by Resolution No. 90-246 of the Town of Pinetop-Lakeside, Arizona, is referred to, adopted and set out in full in this chapter. (Ord. 15-393 § 1 (part): Ord. 90-82 § 1 (part))

17.08.020 Title.

These regulations may be cited as "The Town of Pinetop-Lakeside Zoning Regulations." (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(101))

17.08.030 Declaration.

The zoning regulations for the Town are an enactment for the incorporated areas of the Town, dividing the area of said Town into zoning districts appropriate for various classes of residential and commercial uses; providing for the establishment of setback lines; providing for adequate light, air and parking facilities; providing for expediting traffic within the zoning districts; providing criteria for tree removal, criteria for evaluation of waste disposal and landscaping in areas of development; and establishing the percentage of a lot or parcel which may be covered by buildings, and the size of yards and other unbuilt lot area. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(102))

17.08.040 Purpose.

These regulations are designed to promote the public health, safety, morals and general welfare of the citizens of the Town by guiding and regulating future growth and development in the Town, by protecting the character and stability of residential, commercial and other areas within the Town, by provision for prevention of fire and other dangers and by conservation of property values in the Town. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(103))

17.08.050 Building permits.

Any parcel or lot created, purchased or sold not in conformance with the requirements of this chapter or the requirements of Arizona Revised Statutes, Title 9, Chapter 4, Article 6.1, Section 9-462 et seq. shall not be used or developed with either residential or commercial buildings and shall be subject to the requirements of Section 15.04.100 (Building permits – Approval required prior to issuance). (Ord. 15-393 § 1 (part): Ord. 99-165, § 1)

17.08.060 Walls and fences.

A.    Height. No solid, view-obscuring wall, fence or hedge over three (3) feet six (6) inches high and no chain link or wire fence or similar open, non-view-obscuring fence over five (5) feet high shall be constructed or maintained nearer to the street line than the required front or street side building setback line, nor be more than six (6) feet in height in any rear or side yards. Fences may be built above these heights in the following situations:

1.    Around schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof;

2.    When the planning and zoning commission and/or town council requires, as a condition of a conditional use permit or subdivision, a fence of greater height in order to provide adequate screening;

3.    Double fronting lots (excluding corner lots):

a.    A fence up to six (6) feet in height may be erected in the property’s rear yard as determined by the Community Development Director; and

b.    The fence’s material, height, color and location in this circumstance must be approved by the Community Development Director; or

4.    In commercially zoned property, barbed and razor wire is permitted only above the six (6) foot height limitation.

B.    In any zoning district, barbed wire is permitted for the fencing of livestock.

C.    Materials and Design. Fences and walls in all zoning districts shall be constructed of conventional fencing material and maintained and kept in good repair. The Community Development Director may permit any material as "conventional" upon a review of the product’s material and design. No wall or fence shall contain barbed wire or electrical current or charge of electricity (except for the containment of livestock), broken glass, or similar hazardous materials or devices.

D.    Storage Facilities. Where "storage facilities" are to be enclosed by a masonry wall or solid fence as required elsewhere in this title, such enclosure shall be considered adequate when constructed of masonry without opening or gap, excluding required gates, wood fence with no opening or gap exceeding one-quarter (1/4) inch or other material approved by the Community Development Director.

E.    Conditional Uses. Fences for the protection of certain natural features and other uses in open spaces or parks. Fences and walls in planned unit developments (PUD). (Ord. 22-444 § 1)

17.08.061 Outdoor storage.

With the exception of automobiles, trailers, motorcycles, manufactured homes, boats, motor homes, growing plants, nursery stock, Christmas trees, and service stations displaying new automotive and related items, outdoor storage shall not be allowed in a lot’s required front yard setback. All outdoor storage shall be screened by a six (6) foot high solid masonry fence, or a fence or screening of a height and material as allowed or required by the Planning and Zoning Commission or the Community Development Director. (Ord. 22-444 § 1)

17.08.062 Fences, electric.

It is unlawful for any person to erect or maintain within the town any electric fence except dry cell powered. Any other such fence is hereby declared a public nuisance and subject to abatement by order of the magistrate court.

A.    Screening. All manufactured home parks and RV parks shall be screened from any adjacent nonmanufactured home or RV park development in a manner as required by the Planning and Zoning Commission or the Community Development Director, subject also to these fence regulations:

1.    Must be six (6) feet in height;

2.    Hazardous Materials. No wall or fence shall contain: barbed wire or electrical current or charge of electricity (except for the containment of livestock), broken glass, or similar hazardous materials or devices;

3.    Materials and Design. Fences and walls in all zoning districts shall be constructed of material in good condition only. Material must be wood, woven wire, or masonry, of conventional design. Fences or walls of other than specified material or of other than conventional design shall be allowed only by conditional use permit. (Ord. 22-444 § 1)

17.08.063 Height limitations on corner lots.

Within a triangle formed by the street front and side lot lines and a line connecting these lot lines at points measured along the tangents of the lot lines a distance of twenty-five (25) feet from their intersection, all fixtures, walls, fences, construction, hedges, shrubbery and other planting shall be limited to a height not over three (3) feet above the elevation of the street line level at the same intersecting streets except a reasonable number of trees pruned high enough to permit unobstructed vision to vehicular traffic. Within the said triangle, and in cases where front yards are terraced, the ground elevation of such front yards shall not exceed three (3) feet above the established street line elevation at the said intersecting streets.

(Ord. 22-444 § 1)