As valuable scenic resources, the mountains and hillsides of the Town of Pinetop-Lakeside provide a permanent visual presence that exemplifies what is unique about this community. Where there exists a fifteen (15%) percent or greater slope, they require unique standards resulting from the characteristics of mountainside terrain.
(Ord. 15-393 § 1 (part); Ord. 20-425 § 1 (part))
This chapter exists to establish provisions to: (a) regulate the impact of development; (b) preserve and protect the mountainside environment; (c) provide for the safety and welfare of the Town and its residents; and (d) establish rules and procedures for mountainside development, building, and construction plans through the implementation of the following:
A. 
Require buildings and other improvements to adapt to the natural mountainside topography thereby reducing the effects of the development.
B. 
Prevent unnecessary grading or stripping of vegetation, preserve drainage patterns, protect the public from natural hazards of storm water runoff and erosion, and require revegetation in order to maintain the natural landscape environment.
C. 
Require development and construction practices and methods that ensure greater forest protection.
(Ord. 15-393 § 1 (part); Ord. 20-425 § 1 (part))
The provisions of this chapter shall apply to all lots where the natural terrain is an average lot slope to be fifteen (15%) percent or greater. If there is a conflict between these mountainside development regulations and other Town regulations or the Town Code, these provisions shall prevail when mountainside development regulations are more restrictive.
(Ord. 15-393 § 1 (part); Ord. 20-425 § 1 (part))
Where definitions are not included in this section, the definitions in Section 16.04.060 shall control. For purposes of this section, the terms contained in this section shall have the following meanings:
A. 
"Acre"
means forty-three thousand five hundred sixty (43,560) square feet as measured on the horizontal plane.
B. 
"Alter the mountaintop ridgeline"
means any development on the primary ridgeline that disturbs or alters the natural mountaintop profile.
C. 
"Building pad"
means the total area under roof of all structures proposed for the property.
D. 
"Code"
means the Town Code of the Town of Pinetop-Lakeside, Arizona, in effect as of the date of these regulations and as may be amended.
E. 
"Conservation"
means the retention or acquisition of land for the purpose of preservation in a natural state.
F. 
"Footprint"
means that area of the residence measured from the outside walls (excluding any overhanging portions) which includes indoor uses such as attached garage, carports, utility room, laundry, etc., and including outdoor uses such as patios and breezeways.
G. 
"Grading"
means any excavating, or filling or combination thereof, including the conditions resulting from any excavation or fill.
H. 
"Primary ridgeline"
means the line running from the highest peak on a mountaintop to the next highest peak along a natural ridge.
I. 
"Retaining wall"
means a wall or terraced combination of walls, including negative edge pools, used solely to retain more than eighteen (18) inches of material or water but not to support or to provide a foundation or wall for a building.
J. 
"Raw spill slope"
means an area created by causing or allowing earth or other material to fall, flow, or run down the slope, thereby creating a change in the natural appearance and topography.
K. 
"Sheet flow"
means a shallow and wide overland flow of water.
L. 
"Subterranean"
means that space which lies totally underground, and which cannot be accessed from outside the exterior perimeter of the structure on the same horizontal plane which originates at that point where the building intersects the ground.
(Ord. 15-393 § 1 (part); Ord. 20-425 § 1 (part))
The Community Development Director shall review development plans, as outlined in Section 17.04.060(B), prior to any other development permit. The review and development process consists of the following stages, depending upon the nature and scope of the proposed development:
A. 
Predevelopment Meeting. The applicant, together with their architect and/or engineer, shall submit a completed application and the required fees to the Community Development Director at the time they request a predevelopment meeting. The purpose of this meeting is to discuss, review, and give suggestions and guidance to the applicant regarding the proposed development including: the entire subdivision layout, if a subdivision; the location of the building pad and accessory uses; how these relate to significant natural features; the preservation of existing vegetation; grading concepts and their adaptation to the natural mountainside topography; and how the requirements pursuant to these mountainside regulations and purpose statement will guide the proposed development.
B. 
Formal Development Review Committee (DRC) Meeting. At this stage, in addition to those materials previously submitted, the applicant shall submit all materials outlined in Section 17.04.060 to the Town Engineer. The DRC shall consist of the Town Engineer, Public Works Director, Fire Marshal, Community Development Director, and representative from any utilities involved in the development.
C. 
Final Review. Once approval has been received from the Town Engineer, and all members of the DRC, the Community Development Director shall either approve, approve with conditions or changes, or deny the submittal.
D. 
Building Permit Review. The final construction plans for a mountainside subdivision, or a mountainside building, submitted to the Community Development Department for review and approval shall comply with the final approval of the DRC. The Director may require a soils engineering report from a testing laboratory or registered geological engineer.
1. 
The plans for any development in a mountainside development area must be approved by the Town and all appropriate legal permit(s) issued before any clearing and grubbing, grading, bulldozing, blasting, or movement of earth is commenced. If development does not commence within twelve (12) months after securing such approval, no construction shall occur until such plans have been resubmitted and reapproved, a one (1) time six (6) month extension may be granted by the Community Development Director.
2. 
When a grading permit is required, the applicant shall first provide the Town with a form of financial assurance or bond, acceptable to the Town Attorney, which places the Town in an assured position to do or to contract to be done the necessary work to cover, restore and landscape exposed fills and cuts to blend with the surrounding natural terrain. The minimum acceptable assurance shall be in a dollar amount equal to the number of total cubic yards of cut and fill multiplied by twenty-five (25), or in such greater amount as deemed appropriate by the Town. In the event that construction has not commenced within six (6) months from the date of issuance of the grading or building permit, the plan approval and permit shall expire. Failure to correct a violation within twelve (12) months after the date of the failed inspection, such assurance or bond shall be forfeited to the Town in such amount necessary for the purpose of restoration of the construction site to its original condition and all authorized permits shall be revoked and become void.
(Ord. 15-393 § 1 (part); Ord. 20-425 § 1 (part))
A. 
Concept Plan Review Meeting. The applicant shall submit the following:
1. 
One (1) digital and three (3) hard copies on twenty-four (24) by thirty-six (36) paper of a preliminary site plan that includes, but is not limited to, the subdivision roads and utilities, building footprint, driveway, and accessory use locations along with topographic information for the subdivision and/or the lot. Additional copies may be required.
2. 
A three (3) dimensional representation of the general elevation of all proposed structures (e.g., a mass model, a 3-D rendering or a computer generated model in relation to topography – not a detailed model).
B. 
Formal Development Review Committee (DRC) Meeting. All plans submitted to the Town for review shall be approved, stamped and sealed by the appropriate registered or licensed professional. The DRC shall review all plans. In addition, once the Committee has approved the plans the applicant shall submit final plans, in accordance with the DRC’s approved plans, to the Community Development Department for building permits. Plan review fees for each such submittal shall be paid at the time of submittal of such plans in the amount specified in the Town of Pinetop-Lakeside fee schedule. The following plans and materials shall be required:
1. 
For a subdivision, all plans as required in Chapter 16.16.
2. 
For a building, detailed site plan (twenty-four (24) by thirty-six (36)), sealed by a registered engineer or land surveyor, with topographic information for the entire lot including under the footprint of the building. This site plan shall depict: the limits of disturbance; the building envelope including the building footprint, driveway(s), mechanical equipment, utilities; location, size and type of mechanical screen walls; length and height of retaining walls; all accessory buildings; and significant natural features.
3. 
A detailed grading and drainage plan (twenty-four (24) by thirty-six (36)) sealed by a registered engineer, with topographic information for the entire lot. The plan shall show proposed finished contours at one (1) foot intervals within a twenty (20) foot perimeter from the building, with maximum five (5) foot intervals elsewhere, and shall show existing and proposed contours. The plan shall show limits of excavation and fill; slope of cut and fill; total cubic yards of excavation and fill; method of concealment for each fill or exposed cut; and the calculations for amount of disturbance for the total development. The plan shall show the original drainage pattern (natural course) and proposed changes. If any structures are involved, it will be necessary to include an estimate of peak flows for a one hundred (100) year frequency storm to establish drainage facility cross-sections. Sheet flow diverted from its original drainage pattern shall be returned to its natural course before leaving the property.
(Ord. 15-393 § 1 (part); Ord. 20-425 § 1 (part))
A. 
Mountain Profile Inviolate. No development shall occur which will alter the mountaintop ridgelines. Further, no structure may extend above a plane that originates on the primary ridgeline and angles downward from the primary ridgeline by ten (10) degrees. The point along the ridgeline from which this plane originates shall be as near as practical to perpendicular to the site proposed for development.
B. 
Architectural Standards.
1. 
The height of structures shall be determined by the following four (4) subsections and not by the zoning district regulations that apply to lots or parcels outside the mountainside development area:
a. 
The height of a building or structure is limited to a forty (40) foot high imaginary plane that parallels the existing predevelopment natural grade, as measured vertically from any point under the building (see Figure 3). The subterranean portion of the structure is not included in the total height calculation; provided, that at least one-half (1/2) of the volume of the subterranean portion of the structure is below natural grade.
b. 
In the case where the natural grade has been cut and is not restored back against the building, no exposed face in any vertical plane shall exceed forty (40) feet measured from the lowest, finished grade.
c. 
The maximum overall height of the building or structure, including chimneys and accessory buildings, shall not exceed fifty (50) feet from the highest point of the building to natural grade at the lowest point adjacent to the structure or column (see Figure 3).
Figure 3 – Building Height on Mountainside
2. 
Structures employing the use of a cantilever may extend the cantilever a horizontal distance twice the height of the support. The maximum vertical height of the support shall be eight (8) feet. One-half (1/2) the area underneath the cantilevered element shall be calculated as disturbed area (see Figure 4).
Figure 4 – Height for a Cantilevered Element
3. 
All of the setback requirements of the underlying zoning district shall apply.
4. 
Material used for exterior surfaces such as structures, walls, roofs, and fences shall blend with the surrounding natural setting and avoid high contrasts. There shall be no paint or material colors used which have a LRV (light reflecting value) greater than thirty-eight (38%) percent. Limited use of contrasting accent colors (in excess of thirty-eight (38%) percent LRV) for small elements such as doors and window mullions may be allowed upon explicit approval of the Director.
C. 
Land Disturbance Standards. All disturbed land that is not otherwise used for approved development shall be restored to the natural grade and revegetated with natural plant material.
D. 
Driveways. Driveways must comply with the local Fire Department requirements.
E. 
Grading and Drainage Standards.
1. 
There shall be no clearing, grubbing, grading, importing or stockpiling of fill material on, or to, any site prior to approval of a grading plan by the Town Engineer.
2. 
Rip-rap spill slopes may be allowed; provided, that they are approved by the Community Development Director.
3. 
A mountainside wash shall not be diverted, relocated, or moved from its present position to another location; however, a mountainside wash may be bridged by a structure so long as such structure does not impede the flow of the mountainside wash.
4. 
Earth contiguous to the structure shall contact that structure at an angle approximating that of the natural grade.
F. 
Sewers and Utilities. Grading for utility lines shall be included within the calculations for land disturbance limitations unless:
1. 
Trenches are placed under a driveway, under paving or in other areas already counted as disturbed; or
2. 
Trenches and related disturbed area are restored to appear as original ground, color treated and planted to blend with surrounding natural growth.
G. 
Fire Protection. The forest health and fire prevention ordinance (Chapter 17.96) shall be followed in its entirety.
(Ord. 15-393 § 1 (part); Ord. 20-425 § 1 (part))
A. 
The maximum number of lots into which mountainside development area land may be subdivided shall be the sum of the number of lots allowed in each slope category of land as shown by the following Table 2, Density/Slope Category.
B. 
Slope shall be calculated using a minimum of three (3) slope lines per acre. The slope lines shall be perpendicular to the slope and at equal distances across the lot.
C. 
The subdivider shall demonstrate that driveway access and placement of residential structure will conform, for each lot, to current mountainside development regulations and without the need for a variance.
Table 2 – Density/Slope Category
Average Lot Slope – %
Minimum Lot Size – Square Feet
Minimum Lot Size – Acres
15%
12,500
0.29
20%
15,000
0.34
25%
17,500
0.40
30%
20,000
0.46
35%
21,780
0.50
40%
32,670
0.75
45%
43,560
1.0
50%
57,935
1.33
55%
73,745
1.67
60%
87,120
2.0
65%
108,900
2.50
70%
130,680
3.0
75%
174,240
4.0
(Ord. 05-240; Ord. 15-393 § 1 (part); Ord. 20-425 § 1 (part))