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A. Accessory Buildings – General

1. Accessory buildings shall not alter the principal use of the subject lot or adversely affect other properties in the district.

2. Accessory buildings shall not be constructed upon a lot unless the construction of the main building has actually commenced.

3. Accessory buildings shall not be permitted in a front yard, unless specifically permitted within the applicable zoning district.

4. If setbacks for accessory buildings are not specifically called out within the applicable zoning district, accessory buildings must meet all side setbacks and shall not be constructed closer than five (5) feet to any rear lot line.

5. Accessory buildings used as a garage or carport having access from an alley shall not be located closer than fifteen (15) feet to the center line of said alley.

((O)22-01, 01/05/22; (O)16-16, 12/07/16; (O)16-11, 09/07/16)

B. Abandoned or Junk Vehicles

All abandoned or junk vehicles undergoing major repairs or being restored shall be stored in an enclosed area by the owner or occupant of the property upon which such vehicle is located in such a manner as to not be visible from any point lying outside the property upon which the abandoned or junk vehicle is stored or parked.

((O)22-01, 01/05/22; (O)16-11, 09/07/16)

C. Recreational Vehicle Parking

Recreation vehicles may not be used as dwelling units and shall not be connected to utilities (e.g., water, electric, sewer, etc.).

D. Prohibited Uses

1. Ongoing garage sales, excluding private homeowners’ garage sales not exceeding one (1) garage sale per quarter for a maximum of three (3) consecutive days.

2. Motorized outdoor sports activities such as radio controlled miniature airplanes, drones, motorcycle track and go-kart racing.

((O)22-01, 01/05/22; (O)16-11, 09/07/16)

E. Home Occupations

1. Purpose

a. Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income.

b. Establish criteria and standards for home occupations conducted in dwelling units in residential zones to ensure activities are incidental to, and compatible with, the residential character of the neighborhood in which it is located.

2. Home occupations are allowed through a business license and zoning approval as either a Type I or Type II use.

a. Type I home occupations shall not have a discernible impact on the residential character of the neighborhood. Type I uses are allowed as regulated by subsection E.3 of this section with the Planning and Zoning Administrator’s approval without a public hearing.

b. Type II home occupations may have the potential for a minor or adverse impact to the neighborhood and are regulated by subsection E.3 of this section. Type II businesses include one (1) or more of the following:

i. The primary business activity is outdoors.

ii. More than one (1) but not more than two (2) nonresident employees report to work at the home.

iii. Care is offered for five (5) to ten (10) children, age twelve (12) and under. Arizona Department of Health Services (ADHS) state approval is required.

iv. Home occupations resulting in visitors, customers, or deliveries with a potential for creating vehicular traffic in excess of twenty-five percent (25%) above that normally and reasonably occurring in a residential area, as determined by the Planning and Zoning Administrator, are to be reviewed by the Town as a Type II home occupation. Type II home occupations may be authorized by the Planning and Zoning Commission only after a public hearing, per subsection E.4.b of this section.

3. Home Occupation Standards

All home occupations, whether authorized and regulated as a Type I or Type II use, shall conform to the following standards unless otherwise specified within this chapter:

a. General:

i. Hours of operations for external business activities, such as customer parking or deliveries, shall be limited to between 7:00 a.m. and 8:00 p.m.

ii. The home occupation use shall not produce sustained or obnoxious odors, vibrations, glare, fumes, dust, heat, or electric interference which are detectable to normal sensory perception beyond the perimeter of the property.

iii. A home occupation must be primarily operated by person(s) dwelling in the home.

iv. When a dwelling is rented, the property owner must authorize, in writing, use of the home as a place of business.

v. The following uses are prohibited due to the potential to have a negative or adverse impact on the neighborhood:

a) The keeping, caring and/or sale of animals on the property.

b) Automobile, motorcycle, boat or any vehicle repair, parts sales, upholstery, detailing, washing or painting on the property.

b. Employees:

i. Type I uses shall employ only those who reside in the home and may allow no more than one (1) nonresident employee to work in the home at any given time.

ii. Type II uses may employ no more than two (2) nonresident employees to work at the home at any given time.

iii. Additional individuals may be employed by or associated with the home occupation, provided they do not report to the home for any purpose.

c. Accessory Building:

i. No more than one (1) detached accessory building shall be used for the home occupation.

ii. The business shall not occupy more than two hundred (200) square feet of floor area of the detached accessory building.

d. Noise:

i. The home occupation shall not exceed noise levels in accordance with the Town Code, Article 10-1-4, Noise.

e. Parking:

i. The existing parking provided on the property shall be used to accommodate vehicles related to the home business.

ii. Vehicles owned and/or used by the business that are parked at the home shall meet the following standards:

a) No more than one (1) vehicle related to the home occupation shall be allowed on the residential property.

b) The vehicle shall be limited to a passenger car, van or pickup truck.

c) The overall length of the vehicle shall not be more than twenty-five (25) feet and overall height shall not be more than eight (8) feet.

d) Parking shall be on private property in a carport, garage or shielded from view from adjoining properties by landscaping, fencing or screening material.

e) These standards will not apply to the personal vehicle of nonresident employees for Type II occupations.

iii. Utility trailers used for the business shall be parked inside an enclosed building or screened from view using opaque landscaping, fencing or other screening material.

iv. Deliveries for the business shall be limited to delivery trucks (SU-30, single unit truck) which customarily deliver items to residential areas.

v. There shall be no deliveries during the hours of 8:00 p.m. to 7:00 a.m.

f. Property:

i. The home occupation shall be clearly incidental and subordinate to the residential use of the property.

ii. A home occupation shall be conducted entirely within the primary dwelling unit or within a detached accessory building. See subsection E.3.c of this section for accessory building standards.

iii. There shall be no outdoor activities related to the home occupation on the premises with the exception of playground equipment for child care or as allowed by subsection E.2.b of this section.

iv. The business shall not occupy more than twenty-five percent (25%) of the entire primary dwelling unit’s floor area.

v. There shall be no alteration of the residential floor plan which creates a solid barrier between the home occupation area and the remaining floor area of the residence.

vi. There shall be no alteration of the property’s exterior residential appearance.

vii. Commercial dumpsters are prohibited.

g. Signs:

i. No signs shall be allowed for any home occupation pursuant to Section 28.10, Prohibited Signs.

h. Storage and Equipment:

i. Storage of toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other hazardous materials must comply with the current International Building Code and/or the International Fire Code and shall not create an unsafe condition.

ii. There shall be no process or materials used which are hazardous to public health, safety or welfare.

iii. There shall be no display of products or inventory at the home.

iv. There shall not be on-site storage of or use of tractor trailers, semi-trucks or heavy equipment associated with the business.

4. Review Procedure

a. Type I Home Occupation

i. Application shall be made to the Town Clerk’s Office for review by the Planning and Zoning Administrator.

b. Type II Home Occupation

i. Application shall be made to the Planning Department for review by the Planning and Zoning Commission. Upon receipt of a complete submittal, the Town will notify the adjacent property owners within three hundred (300) feet by mail and post the subject property with a sign notifying the public of the application and meeting date.

c. Type II home occupation permits, which may be revocable, conditional, or valid for a term period, may be granted or denied by the Planning and Zoning Commission after a public hearing and a finding that the use meets the home occupation standards herein.

i. Decisions of the Planning and Zoning Commission may be appealed to the Town Council.

5. Validity of Type II Home Occupation Permit

The Planning and Zoning Administrator may cite any home occupation use for noncompliance with the criteria set forth in this chapter and/or conditions set by the Planning and Zoning Commission. Revocation may take place at any time it is determined the home occupation is in noncompliance. If the permit is revoked, it becomes null and void, and said use shall be terminated immediately.

6. Inspections

A home occupation property owner shall permit inspections of the premises by the Planning and Zoning Department to determine compliance with this chapter.

((O)22-01, 01/05/22; (O)16-11, 09/07/16)

F. Swimming Pools and Spas

1. No swimming pool or in-ground spa shall be located closer than five (5) feet to any rear property line.

2. No aboveground spa shall be located closer than three (3) feet to any rear property line.

3. Swimming pools and spas shall be subject to the front and side setbacks of the zone in which they are permitted.

4. Any portion of a pool wall constructed with a distance from a property line less than the depth of the pool may be subject to special structural requirements.