Chapter 17.60
DISTRICT DEVELOPMENT AND USES GENERALLY

Sections:

17.60.010    Building Permit and Site Plan Required

17.60.020    Interpretation of Uses Allowed in Zoning Districts

17.60.030    Accessory Uses and Buildings

17.60.040    Temporary Construction Buildings

17.60.050    Dumping or Disposal

17.60.060    Joint Use Prohibited

17.60.070    Exterior Lighting

17.60.080    Structures Near Airplane Runway or Landing Strip

17.60.090    Site Unsuitability

17.60.100    Moving of Buildings

17.60.110    Mobilehomes/Manufactured Homes

17.60.120    Solid Waste Containers and Enclosures

17.60.130    Grading

17.60.140    Automobile Service Station Pump

17.60.150    Storing an Unoccupied Mobilehome or Manufactured Home

17.60.160    Occupancy of a Travel Trailer, Motor Home, or Recreational Vehicle

17.60.170    Yard Sales, Swap Meets and Rummage Sales

17.60.180    Wastewater Treatment Plant Setbacks

17.60.190    Chickens

17.60.200    Administrative Adjustments

17.60.010 Building Permit and Site Plan Required

A.    Prior to the construction or remodeling of any building or accessory structure a building permit and an approved site plan are required.

B.    Application for a site plan and building permit shall be made in accordance with the City’s development procedures ordinance. (Ord. 736 Art. VIII § B, 1997)

17.60.020 Interpretation of Uses Allowed in Zoning Districts

A.    Permitted uses are intended to provide guidelines for permitted types of uses. Specific uses may not be listed that due to their similarity to other allowed uses will be considered permitted based on a written determination by the Zoning Administrator. These written determinations shall be recorded as similar uses for future reference and consistent application.

B.    The Zoning Administrator’s determination may be appealed to the Planning and Zoning Commission. The Planning and Zoning Commission may approve or deny the similar use but shall show reasons for their decision in the Commission record. Upon approval by the Planning and Zoning Commission the use is allowed. Uses approved by the Planning and Zoning Commission or the Zoning Administrator shall be added to this title as an ordinance amendment the next time the ordinance codified in this title is considered for amendment. (Ord. 736 Art. VIII § C, 1997)

17.60.030 Accessory Uses and Buildings

A.    Uses normally accessory to principal or conditional uses shall be permitted as specified. No accessory use or structure shall be permitted in any district until its principal use or structure is present or under construction unless specifically approved by the Planning and Zoning Commission.

B.    Nonprofit medical marijuana dispensaries, infusion (or manufacturing) facilities, and/or cultivation shall not be a permitted or conditionally permitted accessory use in any district, except that a qualifying patient or designated caregiver who possesses a valid registry identification card which states that the qualifying patient or designated caregiver is authorized to cultivate marijuana for medical use at the subject location, shall be permitted to cultivate up to twelve (12) marijuana plants within a medical marijuana enclosed, locked facility pursuant to A.R.S. § 36-2801. Said facility may be located within a locked closet or room inside a dwelling or be located in a separate structure as an accessory use at the qualifying patient’s place of residence. Said marijuana may only be cultivated and possessed by a qualifying patient or designated caregiver, and may only be used by a qualifying patient on whose property the marijuana was cultivated or by a qualifying patient of the designated caregiver on whose property the marijuana was cultivated. (Ord. 1148 (part), 2011: Ord. 736 Art. VIII § D, 1997)

17.60.040 Temporary Construction Buildings

A.    Temporary Buildings. Temporary buildings for uses incidental to construction work are permitted. Such buildings shall be removed upon completion or abandonment of the construction work. Such temporary buildings shall not be used as residences except as follows:

1.    A travel trailer or mobilehome may be used as a residence when the main building is being renovated or remodeled, provided the maximum time limit allowed shall be ninety (90) days within a one (1) year period. One thirty (30) day extension may be granted with a conditional use permit after the initial ninety (90) days has expired. Extensions will be granted on evidence that sufficient progress has been made on the construction or renovation.

a.    A building permit must be issued for the renovation or remodeling work that justifies temporary use of the recreational vehicle, mobilehome, or manufactured home as a residence.

b.    Applicant must indicate inclusion of such temporary residence at the time the building permit is issued. Permit should include expiration date for temporary occupancy.

2.    Temporary buildings may be used for a night watchman’s residence on a construction site.

B.    Portable type structures may be allowed for use as temporary real estate sales offices when associated with a land or housing sales operation at a subdivision.

1.    Such structures may not be used for residences nor contain sleeping accommodations.

2.    Placement of such structures shall only be done after issuance of a conditional use permit. (Ord. 900 2002, Ord. 736 Art. VIII § E, 1997)

(Manual, Amended, 12/12/2002)

17.60.050 Dumping or Disposal

The use of land for the dumping or disposal of scrap, debris, obsolete vehicles, iron, junk, garbage, rubbish, refuse, ashes, slag, industrial wastes or by-products, shall be prohibited in every zone, except licensed operations in industrial zones. (Ord. 736 Art. VIII § F, 1997)

17.60.060 Joint Use Prohibited

No lot, yard, parking, loading, building or other space, required in connection with any building shall be included as part of a yard, area or space required for any other building. (Ord. 736 Art. VIII § G, 1997)

17.60.070 Exterior Lighting

A.    All lighting for off-street parking or loading areas or for the external illumination of buildings shall be directed away from and shielded from illuminating upwards into the sky or any adjacent residential lot or district and shall not detract from visibility on adjacent streets.

B.    Lights shall not be mounted higher than twenty-five (25) feet above grade either on buildings or poles.

C.    Light poles may not be constructed in any required setback. (Ord. 736 Art. VIII § H, 1997)

17.60.080 Structures Near Airplane Runway or Landing Strip

A.    No building or structure or any portion thereof which exceeds a height of twenty (20) feet shall be erected or structurally altered within five hundred (500) feet of the projected center line of an existing or proposed runway or landing strip for a distance of one thousand (1,000) feet from the end of the existing or proposed runway or landing strip.

B.    No building or structure or any portion thereof shall be erected to exceed a height that would interfere with the takeoff or landing of a plane with a glide angle of one (1) foot vertical for every forty (40) feet horizontal, such glide angle to be computed as beginning at a point on the extended center line of the runway two hundred (200) feet beyond and at the same elevation as the end of the runway pavement; or, if runway pavement is not provided, one hundred (100) feet beyond and at the same elevation as the end of the landing strip. (Ord. 736 Art. VIII § I, 1997)

17.60.090 Site Unsuitability

A.    No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, extreme topography, low percolation rate or bearing strength, erosion susceptibility, or any other features likely to be harmful to the health, safety and general welfare of the community.

B.    The planning and zoning commission, in applying the provisions of this section, shall state in writing the particular facts upon which its conclusions are based.

C.    The applicant shall have the right to present evidence contesting such determination to the City Council if he so desires, whereupon the City Council may affirm, modify or withdraw the determination of the unsuitability. (Ord. 736 Art. VIII § J, 1997)

17.60.100 Moving of Buildings

A.    No building or structure shall be moved to or be placed upon any other premises within the City until a permit for such relocation shall have been issued by the Zoning Enforcement Officer.

B.    Any such building or structure shall conform to all provisions of this title in the same manner as any new building or structure.

C.    No such building or structure shall be used or occupied until a final inspection and notice of approval by the City Inspector. (Ord. 736 Art. VIII § K, 1997)

17.60.110 Mobilehomes/Manufactured Homes

A.    No mobilehome or manufactured home shall be permitted for placement within the City limits if it is older than fifteen (15) years.

B.    All mobilehomes and manufactured homes shall be equipped with tiedowns consistent with factory installation guidelines.

C.    All mobilehomes and manufactured homes shall be skirted with fire-resistant material which is not susceptible to rapid weathering or they shall be placed on a permanent foundation or stem wall.

D.    No material may be stored over or against a mobilehome or a manufactured home.

E.    Mobilehome and manufactured home lots or spaces shall be kept free from open-stored materials.

F.    No flammable materials shall be stored beneath a mobilehome or manufactured home. (Ord. 976 § 1, 2005; Ord. 900, 2002; Ord. 736 Art. VIII § L, 1997)

(Manual, Amended, 7/12/2005)

17.60.120 Solid Waste Containers and Enclosures

A.    A container with an operable lid, acceptable to the city, for temporary outdoor storage of garbage, refuse, and other solid waste materials shall be provided for every use on every occupied parcel in every zoning district. All existing and new nonresidential uses and multiple-family residential uses shall be served by one (1) or more container(s) with operable lid(s), acceptable to the city, of a total capacity sufficient to contain the volume of solid waste generated by the use on the property. Waste shall not overflow the container(s) onto the surrounding ground, nor shall the container(s) be filled to a level that prevents the lid(s) from closing completely.

B.    All new development in the commercial and industrial zoning districts shall be required to utilize a dumpster or dumpsters of a total capacity sufficient to contain the volume of solid waste generated by the use on the property. Waste shall not overflow the dumpster(s) onto the surrounding ground, nor shall the dumpster(s) be filled to a level that prevents the lid(s) from closing completely. New development and changes in use of existing buildings in the I-66 and C-66 zoning districts shall be required to utilize a dumpster or dumpsters of a total capacity sufficient to contain the volume of solid waste generated by the use on the property, except for sites that cannot physically accommodate dumpster(s) and required dumpster enclosure(s) and/or provide the access area required by a standard dumpster-handling waste removal vehicle.

C.    In addition, dumpster enclosures shall be provided for all new nonresidential and multiple-family residential uses which use dumpsters, and shall be constructed so that contents of dumpsters are not visible from a height of five (5) feet from above grade from any abutting street or property. Existing nonresidential and multiple-family residential uses which use dumpsters shall be required to provide dumpster enclosures as a condition of approval for any building permit(s) resulting in substantial improvement, as defined in Chapter 15.16, Flood Damage Prevention, of this code, to the structure(s) served by the dumpster(s). Dumpster enclosures shall comply with the following regulations:

1.    Construction. Dumpster enclosures shall be constructed of solid concrete or block walls, with a locking gate and a solid concrete floor sloped for drainage and maintenance of sanitary conditions.

2.    Enclosures shall be of sufficient height to conceal all contents, including dumpsters.

D.    Dumpster enclosures shall be located according to the following criteria when permitted by the physical configuration of the subject property:

1.    Dumpster enclosures shall not be located:

a.    Between on-site commercial or industrial building(s) and adjacent residential uses.

b    Between on-site multiple-family residential buildings and adjacent lower-density residential uses.

c.    Next to drainage ways or basins.

d.    At the end of a dead-end parking aisle.

2.    Dumpster enclosures shall be located:

a.    To facilitate collection without "backtracking" by the collection vehicle.

b.    To be easily accessible for collection by a direct route.

c.    Such that collection vehicles are not required to reverse direction more than thirty-five (35) feet.

E.    Dumpster enclosures on properties with a physical configuration that does not permit compliance with subsection (D)(1) of this section shall have access facing the interior of the property where physically possible. (Ord. 1084, 2008: Ord. 736 Art. VIII § M, 1997)

17.60.130 Grading

No person shall strip, excavate or otherwise remove top soil for sale or for use except in connection with a building permit. (Ord. 736 Art. VIII § N, 1997)

17.60.140 Automobile Service Station Pump

No automobile service station pump shall be located closer than twenty (20) feet to a street property line. (Ord. 736 Art. VIII § O, 1997)

17.60.150 Storing an Unoccupied Mobilehome or Manufactured Home

An unoccupied mobile or manufactured home may not be stored or used for storage in a residential zone. (Ord. 900, 2002; Ord. 736 Art. VIII § P, 1997)

(Manual, Amended, 12/12/2002)

17.60.160 Occupancy of a Travel Trailer, Motor Home, or Recreational Vehicle

A travel trailer, motor home, or recreational vehicle shall not be used for sleeping or living accommodations for a period longer than seventy-two (72) hours, except in authorized recreational vehicle parks. No water or sewer connections to said vehicle(s) will be permitted, except in authorized recreational vehicle parks. (Ord. 1105, 2009: Ord. 1077 (part), 2008; Ord. 1071, 2008; Ord. 900, 2002; Ord. 736 Art. VIII § Q, 1997)

(Manual, Amended, 12/12/2002)

17.60.170 Yard Sales, Swap Meets and Rummage Sales

A.    Yard sales are permitted in all residential neighborhoods; provided, that such sales are held for not more than forty-eight (48) hours at a time nor more than four (4) times in any twelve (12) month period.

B.    Yard sales held longer than forty-eight (48) hours at a time or held more often than four (4) times in any year, at any single address, are considered to be a commercial use and shall be restricted to commercially zoned areas.

C.    A permit is required to hold a yard sale. Permits are available at no cost. (Ord. 736 Art. VIII § R, 1997)

17.60.180 Wastewater Treatment Plant Setbacks

The City of Winslow does hereby establish a 50-foot-wide setback within which there is to be no above-ground equipment, ponds, or other sewer treatment related facilities. Utility lines and access roads to this and adjoining parcels are allowed within this property legally described as follows:

A 50 foot wide strip inside and adjoining the following described parcel:

A parcel of land situated in the northeast quarter of Section 18, Township 19 North, Range 16 East, Gila and Salt River Meridian, Navajo County Arizona, described as follows:

Beginning at the north quarter corner of said Section 18:

Thence south 89°27'56" east, 2681.15 feet along the north line of said Section 18 to the northeast corner of said Section 18;

Thence south 01°02'10" east, 1203.95 feet along the east line of said Section 18;

Thence south 89°05'29" west, 2683.46 feet to a point on the meridional mid-section line of said Section 18;

Thence north 00°54'31" west, 1248.47 feet along said meridional mid-section line to the point of beginning.

(Ord. 1186, 2012)

17.60.190 Chickens

A.    Except as otherwise provided in this section and in Chapter 17.16, it is hereby declared a nuisance and it shall be unlawful for any person to keep chickens within the City.

B.    Chickens may be kept on any property zoned R1-7, R1-12, MH-MF (applicable only to single-family and two-unit residences and duplexes), R-2, and single-family, duplex residences, and two-unit residences in C or I Districts within the Route 66 Overlay subject to approval of a conditional use permit pursuant to Chapter 17.68. One (1) chicken shall be allowed for every three hundred (300) square feet of the roaming area approved as part of the conditional use permit. However, no more than twenty-five (25) chickens may be kept on any lot within the permitted zones, regardless of the lot size. No chickens shall be kept on vacant lots.

C.    Chickens permitted by this section shall only be kept or allowed to roam in the rear or side yard of the property within the roaming area approved as part of the conditional use permit. Chickens shall not be permitted to roam in the front yard of the property. Chickens shall be kept at all times within an enclosed area constructed to prevent chickens from leaving the property. A coop or other structure designed for the keeping of chickens shall be constructed within the roaming area set back at least thirty (30) feet from any residence or other occupied structure existing on an adjacent property when the conditional use permit is approved. Coops, other structures, and enclosures shall be constructed in accordance with all applicable zoning and building code requirements for accessory structures in the zoning district in which the property is located except as may be otherwise provided in this article. The area of a fenced or walled yard shall be considered an enclosure provided the chickens are confined to the approved roaming area.

D.    This section shall have no effect on the number of chickens, the conditions, or the locations where such animals may be kept in the AR (Agricultural-Residential) District as set forth in Chapter 17.16.

E.    No male chickens shall be kept, except in the AR District as set forth in Chapter 17.16.

F.    All enclosures and structures containing chickens shall be maintained in a safe and sanitary condition in compliance with all applicable public health laws and so that no offensive, disagreeable or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any resident of the neighborhood thereof.

G.    All enclosures and structures shall be constructed of materials suitable for the purpose, be of sufficient size, and be maintained so as to not cause conditions that would be injurious to the health of the chickens.

H.    The property owner or his authorized agent shall complete and submit a conditional use permit application to the Community Development Department upon a form available from the Department. The application shall conform with and be processed in accordance with Chapter 17.68, and the application shall be accompanied by a site plan for the subject property showing the dimensions of the property, the location and dimensions of the proposed roaming area, and the location and dimensions of the proposed coop or other structure to house the chickens. (Ord. 1274, 2016)

17.60.200 Administrative Adjustments

A.    Purpose. The purpose of administrative adjustments is to provide a streamlined approval procedure for minor modifications of selected zoning standards.

B.    Applicability. Administrative adjustments may be approved to:

1.    Allow development that is more consistent with the established character of an existing neighborhood than would result if strict compliance with the requirements in this zoning ordinance were required;

2.    Provide flexibility to promote rehabilitation and reuse of existing buildings when such flexibility will not adversely affect nearby properties or neighborhood character; and

3.    Provide limited flexibility for new construction when necessary to address unusual development conditions when such flexibility will not adversely affect nearby properties or neighborhood character.

C.    Authorized Administrative Adjustments.

1.    The Community Development Director is authorized to approve administrative adjustments of up to ten (10) percent from any dimensional requirement(s) set forth in this zoning ordinance (including lot area, lot dimensions, lot coverage, setbacks, building height and any other requirements stated in feet or square feet) under circumstances meeting the approval criteria set forth in subsection E of this section. For example, if the minimum lot size for a single-family residence is twelve thousand (12,000) square feet, the Community Development Director may grant an administrative adjustment of up to one thousand two hundred (1,200) square feet, to allow a residence on a ten thousand eight hundred (10,800) square foot lot.

2.    For new development, any request for more than two (2) administrative adjustments on any one (1) parcel shall be reviewed as a variance, in accordance with Section 17.100.080.

3.    No administrative adjustments shall be approved for: reductions in allowable minimum sizes for vehicle parking spaces and access driveways, reductions in permitted heights of buildings or structures, and reductions in dimensions or areas not consistent with the building and life safety codes adopted pursuant to Title 15.

D.    Fractional Rounding Criteria. Fractional dimensions, areas, and other quantities resulting from administrative adjustment calculations shall be rounded up to the nearest whole number if the fractional value is 0.5 or greater, and rounded down to the nearest whole number if the fractional value is 0.4 or less.

E.    Approval Criteria. The Community Development Director may approve an administrative adjustment only upon a finding of fact that the application complies with all of the following approval criteria:

1.    The requested administrative adjustment is consistent with the purpose of this title, as set forth in Section 17.04.030, and this section;

2.    That the alleged hardship caused by literal interpretation of provisions of this title includes more than personal inconvenience and/or financial hardship, and is not the result of actions of the applicant;

3.    That granting an administrative adjustment will not confer upon the applicant any special privilege that is denied by this title to other land, structures, and/or buildings in the same zoning district;

4.    That granting an administrative adjustment will not interfere with or substantially or permanently injure the appropriate use of adjacent conforming properties in the same zoning district;

5.    That the level of deviation from dimensional requirements set forth in this title allowed by the administrative adjustment is the minimum necessary to alleviate the alleged hardship on the property; and

6.    That any adverse impacts on surrounding properties resulting from the administrative adjustment will be mitigated to the maximum extent feasible.

F.    Conditions of Approval. The Community Development Director may impose conditions upon the property that are necessary to reduce or minimize any potentially adverse impact on other properties in the neighborhood, and to carry out the purpose of this title, as stated in Section 17.04.030, and this section.

G.    Administration. Requests for administrative adjustments shall be submitted in writing to the Community Development Director and shall state the reasons why strict compliance would not be desirable or feasible, and how the approval criteria will be fulfilled with the granting of an administrative adjustment. The Community Development Director shall respond with an approval or denial in writing. An administrative adjustment that is granted shall be recorded in the files of the Community Development Department. An administrative adjustment shall run with the land.

H.    Appeals. If an administrative adjustment is denied, the applicant may appeal to the Board of Adjustment for a variance, which shall be granted or denied in accordance with the standards applicable to variances, as set forth in Section 17.100.080. (Ord. 1319 § 2 (Exh. A), 2018)