§ 18.36.050. General provisions.

A.

Accessory buildings.

1.

Detached. Any detached accessory building or swimming pool in any zone shall not be located in the required front yard, shall be at least three feet from the main structure, shall be at least three feet from the rear and interior side lot lines and outside of any easement.

2.

Area of Accessory Buildings. Accessory buildings in any residential zone shall cover not more than twenty-five percent of the rear yard.

3.

Prohibited as Living Quarters. Living and sleeping quarters shall not be permitted in any accessory building in any residential zone.

B.

Accessory Uses. Use which is incidental, related, appropriate and clearly subordinate to the main use of the lot or building, and which does not alter the principal use of the lot or building, shall be allowed to be established.

C.

Alternative Power Generation.

1.

Rooftop, building-mounted, ground-mounted and freestanding alternative heating, cooling units, greenhouses, wind generation and associated apparatus are permitted in all zoning districts, notwithstanding any other provision of this title.

2.

Alternative power generation equipment may be located in a rear or side yard, provided that such apparatus does not cover more than thirty percent of that side or rear yard and shall be no closer than three feet to any lot line.

3.

Alternative power equipment is subject to the height requirements in this section, item "E".

4.

Alternative power generation units may be located in the front yard, provided a conditional use permit has been obtained for that purpose.

5.

Towers. When towers are used for the generation of electricity or the mounting of alternative power equipment, such towers shall be placed on the property so that if the tower were to collapse, the tower would remain on the property that it is located. The setback shall be the height of the tower or highest point of the supported equipment plus ten feet.

6.

Permits. All alternative power generation equipment installations are required to have a permit and site plan approval.

D.

Reserved.

E.

Building Height Requirements.

1.

Application. No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located, except as otherwise specifically provided.

2.

Exceptions. Height regulations established elsewhere in this title shall not apply:

a.

In any district, to church spires, belfries, cupolas and domes not for human occupancy: monuments, water towers, flagpoles, provided that such structures shall be so located and constructed that if it should collapse, its reclining length would still be contained on the property on which it was constructed;

b.

In any district, to noncommercial radio or television antennas;

c.

In any district, to solar heating or cooling apparatus, the plans of which have been approved by the community development director.

F.

Dead or Diseased Tree Removal on Private Property. The owner of any private property within the town of Eagar shall remove all dead and diseased trees from their private property when such trees constitute a hazard to life or property or harbor insects or disease, which constitute a potential threat to other trees within the town. In the event of the failure of the owners to remove dead or diseased trees, the town may abate the removal as outlined in Title 8 of the town code.

G.

Home Occupations. Home occupations shall be permitted in this residential zone, subject to the following requirements:

1.

Home occupations shall be conducted within a dwelling, an enclosed accessory building, or ten percent of the total property may be used for the home occupation, or outdoor storage associated with the home occupation. If the use or storage is not confined within a building, total shielding of that portion of the property is mandatory by a minimum of a six-foot solid fence.

2.

Residential dwellings are exempt from area requirements.

3.

The area of an accessory building shall not exceed one thousand square feet for a home occupation except by an approved conditional use permit.

4.

A home occupation may not be conducted in any structure in the front yard setback.

5.

Delivery Vehicles. No home occupation shall be conducted which requires delivery vehicles or other services not customary to a residence.

6.

Nuisances as defined in Section 18.08.390.

H.

Manufactured Home Placement.

1.

Mobile homes as defined in this code (built prior to June 15, 1976) may not be moved into the town of Eagar or from lot to lot in the town of Eagar.

2.

Manufactured homes, as defined by this code twenty years and older may not be moved into the town of Eagar or from lot to lot in the town of Eagar.

3.

Manufactured homes meeting the above guideline shall be permitted in this zoning district provided that it conforms to the following additional requirements:

a.

Be adequately anchored and attached to a foundation providing for vertical loads, uplift and lateral forces. There shall also be a concrete masonry unit (CMU) skirting or other approved skirting material; the design review board shall approve such other material. In all installations the bottom of the lowest I-beam will be a minimum of six inches above the finished grade at any point and be in compliance with Eagar's floodplain damage prevention ordinance.

b.

Have a minimum width of twenty feet;

c.

Be covered with an external material customarily used on conventional dwelling such as composition board (T1-11) vinyl or aluminum siding;

Exception:

i.

Doors that only provide access to equipment closets such as those that contain water heaters and furnaces.

d.

If a garage, carport or room addition is constructed, the external material and roofing shall be the same as the dwelling unit. Asphalt shingles, metal roofing or other acceptable material shall be used;

Exception:

i.

Doors that provide access for personal vehicles.

e.

Have a roof pitch of not less than three-inch vertical rise for each twelve inches (3-12 pitch) of horizontal run and consisting of shingles or other material customarily used for conventional dwellings. Any nonconventional material shall be approved by the design review board.

f.

Manufactured homes roof shall have a snow load rating of thirty PSF.

Exceptions:

i.

Manufactured homes built prior to January 1, 2009 may be exempt from the snow load requirements if the homeowner, installer and dealer sign a release of responsibility, releasing the town of Eagar from any liability.

g.

Manufactured homes with 3-12 pitch or greater in the roof, will have eaves of a minimum of four inches. Manufactured homes with Spanish-style architecture (a home built with a parapet wall at the termination of the roof) will be exempt from the eave requirements;

h.

Porches/landings/decks (covered or uncovered) that meet the requirements of the current adopted building code of the town of Eagar shall be constructed at each exterior door. These porches/landings/decks must be compatible with the dwellings in the area.

I.

Outdoor Storage.

1.

Firewood, for personal use, shall be allowed as long as it is cut into a maximum of three-foot lengths (split or rounds), or totally screened if longer than three feet.

2.

Junk automobiles shall be stored only in those zones in which they are specifically allowed. All abandoned or inoperable vehicles or vehicles in residential areas being restored or repaired for longer than ninety days shall be stored safely within a lawful, enclosed building or structure or screened by a lawful fence in such a manner as to not be visible from beyond the lot boundaries or shall be stored on the premises or business enterprise operated in a lawful place and manner in accordance with the provisions of the town of Eagar Code where the storage of the vehicle is necessary to the operation of the business enterprise.

3.

For this section a vehicle means a device in, on, or by which a person is or may be transported or drawn on a public highway, which must be licensed and registered to be on the public highway. This would not include construction or farm equipment.

4.

No yard or other open space in any zone shall be used for the storage of junk, debris or garbage in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed, and no land shall be used for such purposes except as specifically permitted in this title.

J.

Projections Over and Into Required Yards.

1.

Awnings, open fire escape balconies, fire escape stairs, window-type refrigeration units, suspended or roof evaporative coolers, and similar features, may project not more than five feet over any required yard, provided that they shall be no closer than three feet from any lot line.

2.

Architectural details such as canopies, cornices and eaves may project not more than four feet over any required yard, provided that they shall be no closer than three feet from any lot line.

3.

Sills, leaders, belt courses and similar ornamental features may project not more than six inches over or into a required yard.

K.

Signs.

1.

General Exceptions, Limitations, and Requirements.

a.

No sign is allowed in any zone without a sign permit, with the following exceptions:

i.

Signs six feet square or smaller, which are made of metal, stone, or other incombustible material built into, or attached to the walls of a structure;

ii.

Governmental or public utility traffic control, directional and informational signs, or window signs and posters (nonpolitical) for special events posted less than four weeks prior to an event and removed within ten days after the event;

iii.

Political signs provided they are removed within ten days after the election.

iv.

Special event signs.

2.

Sign Permit Application. An application for a sign permit shall be filed with and on a form prescribed by community development. The application shall include the following:

a.

Drawing showing size, height, location and shape of sign;

b.

Description of materials used and method of mounting;

c.

Landscaping;

d.

Existing signs;

e.

Any information the community development might need to evaluate the sign proposal;

f.

Payment of the filing fee in an amount established by a schedule adopted by resolution of the town council. No part of the filing fee shall be returnable. Payment of the filing fee shall be waived when the petitioner is an official or agency of the city, county, state or federal government;

g.

Plan Review. Within ten days after receipt of a complete application for a sign permit, community development shall review the sign plans, and deny, approve or conditionally approve said plans, basing the decision on the conformity of the proposal with the provisions of this section.

3.

Illumination. Every illuminated sign must be placed as to prevent glare or reflection from being cast on any adjoining residentially zoned property, or any beam or ray of light from being directed at any portion of a public street, alley, or other right-of-way.

4.

Maintenance. Signs must be cleaned and repainted, as necessary, and otherwise maintained to prevent and eliminate peeling, cracking, discoloration, fading, covering with dirt or other material, and other similar problems caused by common weather conditions.

5.

Nonconforming Signs. Any nonconforming sign may be continued in use; except, that in the event that any such sign is damaged to exceed fifty percent of the reproduction value, or is removed or destroyed by any means whatsoever, including fire, collapse, explosion, act of the owner, act of public enemy, or act of God, such signs may be restored, reconstructed, altered or repaired only to conform with the provisions of this chapter. Reasonable repairs may be made to nonconforming signs. No improvements or expansion of nonconforming signs are permitted.

6.

Area.

a.

The area of the signs composed of individual fabricated or painted letters mounted directly on a building facade without painted or other background shall be computed by measuring the squared-off area of individual letters and adding fifty percent of the total area of the letters.

b.

For all other types of signs, the area shall include the entire area within a single continuous perimeter enclosing the extreme limits of the sign.

c.

A spherical, double-faced or multi-faced sign shall be counted as one sign, and its measured area shall be the maximum surface, which is visible from any single viewing position on or above the ground.

7.

Signs in the Public Right-of-Way.

a.

Business signs placed in a town right-of-way may not exceed thirty-six inches in height or six square feet in total area. Signs may be placed in a town right-of-way only after the planning and zoning commission approves the design and location with the following exceptions:

b.

Special event signs will be allowed in town rights-of-way. They shall not exceed three square feet in total area and thirty-six inches in height. They are allowed for a period not longer than ten days prior to the event and shall be taken down within two days after the event.

c.

For approved signs that are to be placed in a right-of-way where the business is not located, the owner of the sign is responsible to get written permission from the adjoining property owner of the right-of-way where the sign is to be placed.

d.

No sign may be erected or maintained at or near any intersection of streets, alley, or other public right-of-way such that it would obstruct free and clear vision; or at any location where, by reason of its position, shape, color, or illumination, it could interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or with any device mounted on a police or fire protection vehicle; or which makes use of the words, "STOP," "LOOK," "DANGER," or any other word, phrase, symbol, or character such that it would interfere with, mislead, or confuse traffic.

e.

Damage. The town will not be held responsible for any damage done to any sign placed in any right-of-way. The owner of the sign will be responsible for the removal or repair of the sign no matter how it was damaged.

f.

Annual Renewal/Revocation of Use. The owner of a sign placed in the town right-of-way that requires a permit, will apply annually for the sign permit. The planning and zoning commission may at any time revoke or deny the use of any town right-of-way for the placement of a sign. After written notice of revocation or nonrenewal, the owner of the sign will remove the sign within thirty days after notification.

g.

Signs allowed by this section may not be placed in any ADOT right-of-way.

h.

Temporary real estate signs, not to exceed three square feet may be placed in the public right-of-way as long as the premises being sold or constructed, fronts on said public right-of-way. Signs shall be located within two feet of the property line and may be placed perpendicular to roadway. Signs shall be installed in such a manner as to prevent signs from creating a hazard for traffic or pedestrians.

i.

Each real estate company who desires to place signs in the right-of-way shall pay an annual fee established by the town council.

8.

State Regulations. Along all state highways, state regulations govern where they are more restrictive than those contained in this chapter.

9.

Political Signs.

a.

Main Street from Seventh Avenue South to Second Street is designated as a commercial tourism sign-free zone. No political signs are allowed to be placed in any right-of-way in this area.

b.

In all residential/commercial zones, prior to placing any political sign in any right-of-way, those placing the political sign shall receive written permission from the adjoining property owner to place a political sign in front of that property.

c.

The height of any political sign in any town right-of-way shall not be over thirty-six inches.

d.

In addition to the requirements listed above, political signs shall comply with A.R.S. Section 16-1019.

10.

Temporary Signs. Real estate, construction, and subdivision development signs may be located within the front setback, but must be removed within fifteen days after the property on which they are located has been sold or leased, or within fifteen days after completion of the construction work.

a.

Construction. One temporary sign not exceeding thirty-two square feet which names the realty company, architect, engineer, owner and/or contractor may be located on the site of any structure under construction, renovation alteration, or removal.

b.

Real Estate. Every lot may have one temporary real estate sign plus one additional sign for every three hundred fifty feet of street or highway frontage in excess of three hundred fifty feet provided that such signs advertise only the sale, lease, or hire of the premises on which they are located, and:

i.

In residential zones, no such sign may exceed six square feet except by an approved conditional use permit.

ii.

In nonresidential zones, no such sign may exceed thirty-two square feet.

c.

Residential development signs will be limited to one temporary sign at each entrance of a subdivision which names the developer, owner, and/or realty company.

i.

The sign will not exceed thirty-two square feet in area, not be taller than sixteen feet in height.

11.

Directional signs. Directional signs may not exceed three feet in height or two square feet in area.

a.

Real estate directional signs may only be arrow type signs and shall be allowed in the public right-of-way.

12.

With Residential Uses.

a.

An address sign not exceeding two square feet in area.

b.

A name plate sign indicating the resident's name, title, and address not exceeding four square feet in area and limited to one such sign per premises or dwelling unit.

c.

On-Site Directional Signs. No such sign may exceed two square feet.

d.

Home occupation signs indicating the nature of the business name of the owner, address, and phone number not exceeding six square feet in area, attached to the dwelling and limited to one such sign per dwelling unit.

13.

With Non-Profit Uses.

a.

Signs for non-profit organizations or institutions, limited to one per property and not exceeding the following limits:

i.

One square foot for each one and one-half linear feet of building frontage not to exceed thirty-two square feet in area;

ii.

Height, freestanding: eight feet; wall-mounted eight feet;

iii.

No source of illumination may be visible;

iv.

Set back from any property line at least fifteen feet.

b.

Signs up to thirty-two square feet in area for each building or occupancy upon approval of a conditional use permit for size, height, and location.

L.

Temporary/Secondary Dwellings.

1.

A separate dwelling structure may be placed on a residential lot as a secondary and/or temporary residential dwelling if:

a.

The proposed occupant(s) is/are a family member or individual who has no known family and/or no means of support who requires special care or is aged or infirm and is incapable of maintaining a complete separate residence;

b.

The setbacks and placement standards in the underlying zone can be met by the proposed location of the secondary or temporary dwelling;

c.

The proposed dwelling will meet the standards and requirements of the department of building and fire safety, division of manufactured housing;

d.

The site conditions imposed by the conditional use permit procedure are met.

2.

Approval of a conditional use permit for a proposed temporary dwelling is subject to the following:

a.

An approved conditional use permit for the temporary dwelling shall be granted to the applicant and shall not be deemed to run with the land; and

b.

An approved conditional use permit for the secondary or temporary dwelling is valid for a period as deemed appropriate; provided, however, the community development director shall revoke such permit at any time, if any of the reasons for which the permit was granted are no longer applicable, or if any imposed conditions are violated.

3.

A recreational vehicle (such as motor home, camp trailer, camper, etc.) may be occupied on a residential lot for a maximum of thirty consecutive days, not to exceed a total of forty-five days per calendar year, without approval of a conditional use permit. The intent is to allow relatives or friends the privilege of visitation, while maintaining their privacy, for a short period of time or for an immediate, but temporary, solution for hardship or emergency living quarters.

M.

Walls and Fences.

1.

Height. No wall, hedge or solid fence over four feet high, or other fence, such as chain link, wrought iron, split rail, peeled pole or pipe, over five feet high shall be maintained or constructed nearer to the street line than the required front or street-side building setback line or intersection visibility triangle requirements, nor be more than six feet in height in any rear or side yards, provided that fences exceeding the above heights may be built around schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof, or for other uses when a conditional use permit has been secured for such purposes. These height regulations shall not apply when fences of greater height are required by the planning and zoning commission in order to provide adequate screening as required by this title.

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 except by an approved conditional use permit. Fences containing electrical current or barbed wire are a permitted use for the containment of livestock.

3.

Materials and Design. Fences and walls shall be constructed of material in good condition only. Material must be wood, woven wire, rock, masonry, or pipe 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.

4.

Permanent Swimming Pools. All permanent swimming pools shall be enclosed by a solid wall, wood or chain link fence not less than five feet nor more than six feet in height so as to prevent uninvited access.

N.

Yard/Garage Sales.

1.

Yard or garage sales may be held in all zones. There may be twelve such sales held at any given property during any calendar year. No such sales may be held longer than what would be considered reasonable for a typical yard sale. All signs used for attention getting or directions must comply with the following;

2.

Yard, garage and moving sale signs may only be allowed in town rights-of-way not to exceed three square feet in total area and thirty-six inches in height, for a period not longer than seventy-two hours. Any yard, garage and moving sale sign will indicate the date(s) of the sale and the complete physical address. All such signs will be anchored and placed in such a manner to prevent them from creating a hazard for traffic or pedestrians. Any such sign not having this information or adequate anchoring or placement will be immediately removed. The town will remove any sign placed on a sidewalk or not removed within twenty-four hours after the sale has ended, and the property owner who placed it there may be cited for a violation of this code.

O.

Yard, Lot and Area Requirements.

1.

Generally. No building shall be erected, nor shall any existing building be altered, enlarged, moved or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot, area and building location regulations designated in this title for the zone in which such building or open space is located, except as otherwise specifically provided.

2.

Yards. Except as provided in this title, every part of a required yard shall be open to the sky and unobstructed. Trees, shrubbery, etc., and accessory structures as allowed in this title, shall not be considered obstructions.

3.

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 this title, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing the yard or open space on the lot where a building is to be erected or established.

4.

Intersection Visibility Triangle. Within a triangle formed by the street front and side lot lines and a line connecting these lot lines at points measured along these lot lines a distance of twenty-five feet from their intersection, all fixtures, construction, hedges, shrubbery and other planting shall be limited to a height not over three feet above the elevation of the street line level at the same intersecting streets. Within the same triangle, and in the cases where front yards are terraced, the ground elevation of such front yards shall not exceed three feet above the established street line elevation at the said intersecting streets.

P.

Tiny Home Placement.

1.

A tiny home is defined as a dwelling that is one hundred sixty to four hundred square feet if manufactured offsite and two hundred to four hundred square feet if site built.

2.

Tiny homes, as defined by this code must adhere to all IRC residential requirements and IRC Appendix "Q."

3.

Tiny homes shall be supported on a foundation, blocks or concrete. Enclosed from the bottom of the home to natural grade.

4.

Tiny homes shall be permitted in this zoning district provided that it conforms to the following additional requirements:

a.

Be adequately anchored and attached to a foundation providing for vertical loads, uplift and lateral forces. There shall also be a concrete masonry unit (CMU) skirting or other approved skirting material; the design review board shall approve such other material. In all installations the bottom of the lowest I-beam( if on a chassis) will be a minimum of six inches above the finished grade at any point and be in compliance with Eagar's floodplain damage prevention ordinance.

b.

Be covered with an external material customarily used on conventional dwelling such as composition board (T1-11) vinyl or aluminum siding;

c.

If a garage, carport or room addition is constructed, the external material and roofing shall be the same as the dwelling unit. Asphalt shingles, metal roofing or other acceptable material shall be used;

Exception: Doors that provide access for personal vehicles.

d.

Have a roof pitch of not less than three-inch vertical rise for each twelve inches (3-12 pitch) of horizontal run and consisting of shingles or other material customarily used for conventional dwellings. Any nonconventional material shall be approved by the design review board.

e.

A tiny home's roof shall have a snow load rating of thirty PSF.

f.

Tiny homes with 3-12 pitch or greater in the roof, will have eaves of a minimum of four inches. Tiny homes with Spanish-style architecture (a home built with a parapet wall at the termination of the roof) will be exempt from the eave requirements;

g.

Porches/landings/decks (covered or uncovered) that meet the requirements of the current adopted building code of the town of Eagar shall be constructed at each exterior door. These porches/landings/decks must be compatible with the dwellings in the area.

(Ord. No. 2013-04, Exh. A, 5-7-2013; Ord. No. 2016-01, Exh. A., 3-1-2016; Ord. No. 2016-05, Exh. B, 6-18-2016; Ord. No. 2017-01, Exh. A, 2-7-2017; Ord. No. 2019-01, Exh. A, 4-2-2019)