A vibrant, dynamic community needs a variety of land use activities to satisfy the needs of its inhabitants. Because of their particular dynamics, a number of uses require special standards to mitigate their potential adverse impacts on adjacent properties. It is the intent of this section to identify those land uses and to provide specific criterion and conditions to ensure that, if permitted, they will contribute to the health, safety, and general welfare of the town. The requirements specified herein are in addition to those specified in the corresponding zoning district. In the event of conflict between these standards and the underlying zoning district standards, the provisions of this section shall apply.
(B) Adult entertainment business. In addition to the requirements of § 152.091, no conditional use permit shall be issued for an adult entertainment business, which shall be allowed in the IP zone, unless it meets the following additional conditions:
(1) The adult entertainment business is located no closer than 1,200 feet from the exterior boundaries of a Residential Zoning District or use.
(2) The adult entertainment business is located no closer than 1,200 feet from the exterior property lines of any public or private school having a pre-school or kindergarten curriculum or any one or more of grades one through 12.
(3) The adult entertainment business is located no closer than 1,200 feet from the exterior boundaries of any park or playground.
(4) The adult entertainment business is located no closer than 1,200 feet from any church or non-commercial establishment owned or operated by a bona fide religious organization.
(5) The adult entertainment business is located no closer than 2,000 feet from any other adult entertainment business.
(6) The adult entertainment business displays no sign visible from the exterior of the business except for a sign identifying the business as an adult entertainment business.
(7) The adult entertainment business excludes from its premises persons less than 18 years of age or 21 years of age if alcohol is served.
(8) No materials depicting specified sexual activities or specified anatomical areas shall be visible from the exterior of the adult entertainment business.
(9) All distances specified in this section shall be measured in a straight line, without regard to intervening structures or objects, from the property line of any adult entertainment business to the nearest property line of any other adult entertainment business, school, church, public facility, residential district or other land use specified in this section.
(C) Animal kennel/shelter, hospital/veterinarian clinic, training school.
(1) No animals under care may be boarded outside, except for facilities located in the IP district. Those areas in which animals are boarded shall be fully enclosed structures and shall be sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
(2) All boarded animals shall be kept within a totally enclosed part of a structure between the hours of 9:00 p.m. and 6:00 a.m. except with direct supervision associated with non-exercise or training related activities. All outside exercise or training of animals shall be prohibited during these hours. The provisions of this section shall not apply to facilities located in the IP district.
(3) Outdoor dog runs, exercise, or training activity areas shall not be located within 200 feet from a residentially zoned property or use.
(4) Outdoor runs and exercise areas shall be enclosed by a minimum six foot fence.
(5) Suitable control and maintenance shall be exercised over the use, structure or animals so that a nuisance condition is not created in terms of excessive noise, dirt, or odor.
(6) In association with a required conditional use permit approval process, the town may establish other conditions and requirements necessary to prevent possible nuisances (i.e., location and/or size of activity areas, fencing height and/or material, screening, sound-proofing, sanitary requirements, or limits on the number of animals that are serviced or boarded).
(7) Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit has been secured.
(D) Assisted living center and nursing home.
(1) All facilities shall comply with all applicable federal, state and local requirements for the location and operation of such facilities and the provision of safe outdoor recreation areas and gross floor areas for every person that the facility is licensed to accommodate.
(2) The facility shall have direct access from an arterial or collector street.
(3) Facilities within any residential district shall not be located within 1,200 feet (as measured from the property lines) of a child care facility, a nursing home, a resident care home or a group care home facility that are also located within any residential district.
(4) Notwithstanding the foregoing, if the state has adopted laws or rules for the regulation of an assisted living center, then any such state law or rule shall apply in addition to the conditions listed herein and shall preempt any conflicting condition listed herein.
(E) Vehicle/boat repair, major.
(1) All major repair facilities shall be subject to the site plan review and/or CUP process. In addition to standard site plan information, the applicant shall provide a plan which shows an ability to control on-site and prevent off-site nuisance conditions such as noise, dust, odors, vectors and wind-blown debris.
(2) Accessory uses may include assembly and repair buildings, machine shops, paint facilities, fueling and supply facilities, parking areas, vehicle/boat lifts and incidental retail sales associated with the principal uses.
(3) A use may combine major repair with vehicle/boat sales, outside storage or service stations only if these uses are permitted or conditionally permitted and approved in that district. If combined with said uses, major repair facilities shall additionally comply with the provisions of divisions (G), (S), and/or (Y) of this section.
(4) Major repair facilities shall be located with direct access to paved roadways that are suitable in size to allow for the efficient delivery of vehicle and boats for repair. The paved roadway requirement of this section shall not apply to major repair facilities located in the IP district.
(5) Outdoor repair areas shall be paved with concrete, asphalt, pavers, or gravel. The provisions of this section shall not apply to major repair facilities located in the IP district.
(6) Major repair facilities must be fully screened from view by a 100% opaque fence or engineered concrete/masonry block wall that is no less than six feet, but no more than eight feet in height.
(7) As part of the conditional use permit process within the BP District, a landscaped screen of plantings may be required in combination with a required fence or wall to further buffer and/or shield repair activities from public view or adjacent residential districts. See § 152.057(C) for additional screening regulations. The provisions of this division shall not apply to major repair facilities located in the IP district.
(8) No temporary or long-term repair parking, outdoor repair activities, or outdoor supply/material storage that exceed the height of the screen wall may occur within the required setback areas of the zoning district in which the major repair facility is located. The provisions of this division shall not apply to major repair facilities located in the IP district.
(9) Outdoor repair related activities shall be limited to 6:00 a.m. to 9:00 p.m. within the SC district, unless modified through the CUP process.
(10) No pending, under repair, or repaired vehicle/boat shall be utilized for overnight sleeping or as living accommodations.
(11) All exterior lighting shall comply with the lighting standards provided within § 152.059.
(12) Any lawful major repair facility in existence as of May 13, 2020, that could not be permitted or rebuilt thereafter because of zoning district requirements shall be considered a permitted use and, accordingly, shall not be subject to this section, unless the facility is proposed to be expanded beyond the building or facility use footprint, whichever is greater, that existed as of May 13, 2020. If the building or facility use footprint exceeds the allowed threshold or if the intensity of uses increases beyond that which existed as of May 13, 2020, the major repair facility shall be required to be brought into compliance with all current, applicable zoning ordinance provisions.
(F) Vehicle/boat repair, minor.
(1) A use may combine a minor repair facility with a service station only if the uses are permitted or conditionally permitted and approved in that district. If combined with said uses, minor repair facilities shall additionally comply with the provisions of division (Y) of this section.
(2) Service bay doors for minor repair facilities may not face residential neighborhoods.
(3) Service and repair of boats onsite that exceed nine feet in width by 30 feet in length is prohibited.
(4) Any lawful minor repair facility in existence as of May 13, 2020, that could not be permitted or rebuilt thereafter because of zoning district requirements shall be considered a permitted use and, accordingly, shall not be subject to this section and/or shall not be required to obtain conditional approval, unless the facility is proposed to be expanded beyond the building or facility use footprint, whichever is greater, that existed as of May 13, 2020. If the building or facility use footprint exceeds the allowed threshold or if the intensity of uses increases beyond that which existed as of May 13, 2020, the minor repair facility shall be required to be brought into compliance with all current, applicable zoning ordinance provisions.
(G) Vehicle/boat, sales and leasing; vehicle/boat, rentals.
(1) A use may combine vehicle/boat sales and leasing with vehicle/boat repair major, vehicle/boat minor or outside storage only if these uses are permitted or conditionally permitted and approved in that district. If combined with said uses, sales and leasing facilities shall additionally comply with the provisions of divisions (E), (F), and (S) of this section.
(2) The sale and/or leasing of vehicles or boats physically onsite that exceed nine feet in width by 30 feet in length is prohibited within the C-2 District.
(3) The placement, display or storage of vehicles or boats for sale or lease within the public right-of-way shall be prohibited.
(4) Sale and/or leasing areas shall be paved or graveled in compliance with town engineering standards. The provisions of this division shall not apply to sale and/or leasing facilities located in the IP district.
(5) Facilities that sell and/or lease, physically onsite, vehicles or boats that exceed nine feet in width by 30 feet in length shall be required to adhere to the provisions of division (T), except any part of the use fronting on a public street shall not be required to meet the screening requirements of said section.
(6) No pending, under repair, or repaired vehicle/boat shall be utilized for overnight sleeping or as living accommodations.
(7) Any lawful sale and/or leasing facility in existence as of May 13, 2020, that could not be permitted or rebuilt thereafter because of zoning district requirements shall be considered a permitted use and, accordingly, shall not be subject to this section, unless the facility is proposed to be expanded beyond the building or facility use footprint, whichever is greater, that existed as of May 13, 2020. If the building or facility use footprint exceeds the allowed threshold or if the intensity of uses increases beyond that which existed as of May 13, 2020, the sale and/or leasing facility shall be required to be brought into compliance with all current, applicable zoning ordinance provisions.
(H) Campground. These regulations apply to campgrounds where campsites are rented for the placement and occupancy of tents, recreational vehicles, or camping cabins on a temporary or seasonal basis. The installation or development of any campground shall comply with the following minimum criteria:
(1) All campgrounds shall be designed in accordance with the provisions of this chapter and administered through the conditional use permit and/or site plan review process.
(2) Campgrounds shall not be used as permanent residences except for that of the owner, manager or permanent maintenance personnel. In establishing the temporary or seasonal nature of the campground, no single camping site shall be occupied by the same party for a period of time longer than nine continuous months in any 12 month period.
(3) One RV or camping cabin shall be permitted on each allowed camp site. Camping cabins shall be designed not for use as a permanent dwelling but as a temporary shelter for recreational camping and vacation use by visitors, tourists, or campers. No manufactured homes or dwelling units of conventional construction shall be permitted within the campground for living purposes except for that of the owner, manager, or permanent maintenance personnel.
(4) The minimum lot or parcel size for a campground shall be five gross acres.
(5) The maximum number of individual camping sites allowed shall be ten per gross acre.
(6) Each camp site shall be clearly marked with an alpha or numeric symbol on a sign which is clearly visible from an access road. All camp sites shall be labeled on a map, which shall be provided to each campground occupant; local police, fire, and emergency service provider; and 911 dispatch center.
(7) All private roads within a campground shall be well-drained, graveled or paved, and maintained in good condition by the park owner or manager. One-way roads shall be a minimum of 12 feet in width, all other roads shall have a minimum travel surface of 18 feet or as required by the International Fire Code, whichever is greater. Parking shall be prohibited on both sides of all roads within the park.
(8) Each camp site shall be provided with at least one off-street parking space.
(9) Street improvements for any public roads bounding the campground shall be made as required by the Town Engineer.
(10) Access to all camp sites shall be from the interior of the campground. There shall be no individual access to any camp site from a public street.
(11) Required setback areas shall be preserved in their natural condition or landscaped to provide a visual buffer to minimize any adverse impact on abutting land uses. All camping shall be prohibited from occurring within required setback areas.
(12) Each campground must provide an adequate and easily identifiable office or registration area. The location of the office shall not interfere with the normal flow of traffic into and out of the campground.
(13) Recreational amenities or social centers, which may be used for crafts, hobbies, games, meetings, banquets and similar recreational uses shall be of conventional site-built construction.
(14) Each campground may provide a place to procure food, drink, sundries, or souvenirs to patrons of the campground only.
(15) Service buildings with toilet, bathing and other sanitation facilities and utilities shall be provided as required by the town.
(16) Provision for on-site storm water retention / drainage and off-site storm water drainage both entering and leaving the property shall be as required by the Town Engineer.
(17) All utilities shall be placed underground. The placement of utilities will be up to the developer. However, all utilities services shall meet all requirements specified by the town, as well as the respective utility companies.
(18) All lighting shall be in conformance with § 152.059.
(19) Each campground shall provide fire protection facilities as set forth in the International Fire Code.
(20) Designated areas for boat and recreational vehicle storage within the park shall be for the sole use of tenants of the campground.
(21) All refuse collection areas shall be completely enclosed via a solid six-foot wall and view obstructing gate and located on a concrete surface. Refuse collection areas shall be readily accessible to collection vehicles, without substantially encumbering adjacent parking and vehicular access. If the refuse collection area can be seen from the exterior of the park, the enclosure should be softened with landscaping on its most visible sides.
(22) A site plan approval application for a campground shall include the following information:
(a) A written description of the proposed operation, including proposed months of operation; desired number, types, and characteristics of different desired camping sites; other ancillary uses existing or proposed for the site; operational procedures (e.g., noise and nuisance control, clean-up); and emergency access plan.
(b) A campground plan map, drawn to scale, and including the existing and proposed layout; location of camp sites and camping units, roads, parking areas, and site boundaries; existing and proposed topography (grading); minimum required yards; existing and proposed buildings and other structures; common recreational facilities; water and sewer systems; and stormwater management.
(I) Child care, center.
(1) A child care center shall be licensed, certified or approved by the State of Arizona.
(2) A child care home shall meet Fire Code, Building Code, zoning ordinance and any other applicable regulations.
(3) Adequate off-street parking shall be provided in accordance with § 152.056.
(4) All child care centers shall provide adequate drop-off and waiting space so that parents' cars are not required to stand in a public right-of-way. At least one drop-off space, or its equivalent shall be provided for each five children enrolled or cared for at the facility during the largest scheduled class. Child drop-off areas shall have direct pedestrian access to the building entrance.
(5) A minimum of 100 square feet of outdoor play area shall be provided per child utilizing the outdoor play area at any given time. The total outdoor play area shall not be less than 1,200 square feet, unless a greater amount is required by the state. Outdoor play areas shall be in the rear or side yard, fenced and screened in accordance with § 152.057(C).
(J) Child care, home.
(1) A child care home shall be licensed, certified or approved by the State of Arizona.
(2) Child care home vehicles belonging to employees and residents are required to park onsite, in the garage or on an approved paved driveway.
(3) No signage for advertising or notification of use shall be permitted on or off the site.
(4) A minimum of 600 square feet of open space shall be provided for an outdoor play area, none of which shall be located in the required front setback.
(5) All outdoor recreation areas shall be completely screened and enclosed by a six-foot-high vision obscuring fence with self-closing and self-latching gates.
(K) Convenience store.
(1) The maximum total square footage of the building shall be 5,000 square feet; unless modified through the CUP process.
(2) A use may combine a convenience store with a drive-through facility and/or service station only if both uses are permitted or conditionally permitted and approved in that district. If combined with said uses, convenience stores shall additionally comply with the provisions of division (M) and/or division (Z) of this section.
(L) Drive-through facility. This section shall apply to all principal uses that include a drive-through facility.
(1) Drive-through aisles that face or are adjacent to public streets shall be screened from public view by a minimum three-foot tall masonry wall that matches the primary structure.
(2) No drive-through aisles shall exit directly onto a public right-of-way.
(3) Drive-through queuing length shall be approved in accordance with § 152.056(K)(6).
(4) Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access point to the facility that is located adjacent to a drive-through lane(s).
(M) Group care home.
(1) A completed registration form shall be submitted to the Community Development Department on a form established by the Zoning Administrator. Registration shall become effective upon issuance of zoning clearance for the home and shall terminate when the home use ceases. No registration/clearance shall be accepted or approved for a home that does not comply with the conditions listed within this section.
(2) Group care homes shall comply with all applicable federal, state and local requirements for the location, development and operation of such homes and the provision of safe outdoor recreation areas and gross floor areas for every person that the home is licensed to accommodate.
(3) Group care homes shall not be located within 1,200 feet, as measured from the property lines, of another group care home or a residential care home facility.
(4) The group care home shall not involve changes in the exterior appearance of any structure or necessitate equipment that is not related to the primary residential use.
(5) All administrative activities, including staffing, counseling, and other visitations, shall serve only residents of the group care home.
(N) Manufactured home. These regulations apply to all manufactured homes in any permitted zone. The installation or construction of any dwelling unit, factory-built or manufactured, shall comply with the following minimum criteria:
(1) A manufactured home is subject to all standards contained in Table 2.2-2, Residential District Development Standards for the zoning district(s) in which the home is situated, unless otherwise stated within this section.
(2) All newly placed manufactured homes shall be required to meet the most current HUD Code standards, be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, and comply with State of Arizona Office of Manufactured Housing regulations and all the provisions outlined in this chapter.
(3) The exterior building façade, including trim, doors, windows, roof fascia and the like, shall consist of wood, stucco, horizontal siding, brick, masonry veneer, or other similar building material commonly used in site-built residential construction; provided, however, that metal siding, other than aluminum lap siding, shall be prohibited. Patio covers and detached storage buildings shall be exempt from this requirement.
(4) All manufactured homes placed in a subdivision or on a single tract of land shall be set upon a permanent foundation or footing for the purpose of a permanent installation. Such installation shall render the dwelling no more portable than if it were constructed totally on site.
(5) All manufactured homes placed in a manufactured home park shall utilize a finished building material to surround the entire perimeter of the dwelling and completely enclose the space between the exterior façade of the dwelling and the ground. Such foundation siding shall be properly vented, harmonious, and compatible with the dwelling.
(6) Any device used to transport a manufactured home to the site of installation, including the hitch, wheels, axles, or other devices used primarily for transport other than a chassis, shall be detached from the dwelling as part of the installation procedure in any zoning district.
(7) All manufactured home installations must follow the Arizona Department of Building and Fire Safety Statutes and Rules.
(O) Manufactured home, park. These regulations apply to manufactured home parks. The development or construction of any factory-built or manufactured home park, shall comply with the following minimum criteria:
(1) The minimum distance between manufactured homes or attached/detached accessory structures in the same manufactured home parks shall be ten feet. Manufactured homes or attached/detached accessory structure may not be closer than ten feet to the exterior boundary or five feet to individual space lines of the park.
(2) There shall be a minimum distance of ten feet between the front of the manufactured home and any private street or private sidewalk, including tongue and bay windows or any other attached projection.
(3) A minimum of 10% of the total park area shall be designated as permanent open space. Where phases are proposed for the manufactured home park, the percentage of open space in each phase shall meet or exceed the minimum total for the specified phase area. The open space shall be available through the use of easements to all residents of the development. Streets, driveways, parking areas, buffer areas, recreation vehicle storage, and buildings shall not be included in calculating the size of open space.
(4) A ten foot landscape area shall be required where the park is adjacent to a public street/sidewalk.
(5) Two paved off-street parking spaces of nine feet by 18 feet shall be required for each manufactured home space.
(6) One nine-foot by 20-foot visitor parking space shall be required for each eight manufactured home spaces. Common lots spaced evenly throughout the park may be employed to provide off-street parking.
(7) Designated areas for boat and recreational vehicle storage within the park shall be for the sole use of the residents of the park. Storage areas shall be completely screened from outside park boundaries by a six-foot-high wall or fence.
(8) Street improvements for any public roads bounding or within the manufactured home park shall be made as required by the Town Engineer.
(9) All interior drives or roadways within the mobile home park shall be a minimum width of 24 feet or as required by the Uniform Fire Code, whichever is greater. Width of roadway is exclusive of curbs and walkways, measured from edge of pavement to edge of pavement. The interior drives or roadways shall be paved in accordance with town engineering standards.
(10) Provision for on-site storm water retention/drainage and off-site storm water drainage both entering and leaving the property shall be as required by the Town Engineer.
(11) Each manufactured home park shall provide fire protection facilities as set forth in the Uniform Fire Code.
(12) The manufactured home park shall be permanently screened from adjacent properties by a vision obscuring fence, six feet in height.
(13) One manufactured home shall be permitted on each approved space. No recreational vehicles or dwelling units of conventional construction shall be permitted on a manufactured home space for living purposes except for that of the owner, manager, or permanent maintenance personnel.
(14) Access to all manufactured home spaces shall be from the interior of the park. There shall be no individual access to any manufactured home space from a public street.
(15) Manufactured home parks with more than 100 lots shall have a minimum of two separate access entry drives connecting the park to public streets. Access to the development shall not be through a residential area to reach a collector route.
(16) All refuse collection areas shall be completely enclosed via a solid six-foot wall and view obstructing gate and located on a concrete surface. Refuse collection areas shall be readily accessible to collection vehicles, without substantially encumbering adjacent parking and vehicular access. If the refuse collection area can be seen from the exterior of the park, the enclosure shall be softened with landscaping on its most visible sides.
(17) All lighting shall be in conformance with § 152.059.
(18) All utilities shall be placed underground. Placement of utilities, including master meters, shall meet all requirements of the town, as well as the respective utility companies.
(19) The site plan shall provide for a system of pedestrian circulation within the development. The system shall connect with existing sidewalks, if any are adjacent to the property. The pedestrian access may be located either in the street right-of-way or in common open space. The system shall be designed to link residential units with recreation facilities, school bus stops, and existing sidewalks in the neighborhood. Pedestrian ways may take the form of sidewalks or walking paths with a minimum width of five feet.
(P) Medical marijuana dispensary, cultivation site.
(1) To obtain a conditional use permit, the medical marijuana dispensary, or medical marijuana cultivation location shall not be closer than 1,200 feet from the boundaries of a Residential Zoning District or use, the property lines of any public or private school, public park or playground, or church or non-commercial establishment owned or operated by a bona fide religious organization.
(2) The business shall not be located within 2,000 feet of any other adult entertainment businesses, medical marijuana dispensary or medical marijuana cultivation location and shall display no sign visible from the exterior except for a sign identifying the business as a medical marijuana dispensary or medical marijuana cultivation location. All signage shall also adhere to the requirements of § 152.058. The business shall exclude persons less than 18 years of age from its premises. No materials depicting marijuana plants or marijuana use shall be visible from the exterior of the business.
(3) All distances shall be measured in a straight line, without regard to intervening structures or objects, from the property line of the business to the nearest property line of another adult entertainment business, medical marijuana dispensary, medical marijuana cultivation location, school, church, public facility, residential district or use or other use specified in this regulation.
(4) Medical marijuana cultivation site. With regard to a medical marijuana cultivation location, applicants seeking a conditional use permit shall provide the name and location of the off-site dispensary, a copy of operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c), procedures for proper disposal of marijuana remnants or by-products (not to be the facility's exterior refuse container), a security plan, and a plan to prohibit the emission of odors from the facility into the environment. The cultivation location must be a permanent building (not a habitable trailer, cargo container or motor vehicle) with a maximum area not to exceed 2,000 square feet unless otherwise shown by the applicant and approved through the conditional use permit process that additional area is needed to provide necessary medical marijuana to the identified dispensary. The cultivation location shall not be open to the public and retail sales are prohibited. Marijuana shall not be consumed on the premises, including any accessory structures, parking lot or parking areas. Caregivers, as authorized by AZ DHS to cultivate medical marijuana, shall be restricted to cultivation of medical marijuana in the Service Commercial Zoning District.
(5) Medical marijuana dispensary. With regard to a medical marijuana dispensary, on-site and drive through services are prohibited. Applicants seeking a conditional use permit shall provide the name and location of the off-site cultivation location or source, a copy of operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c), procedures for proper disposal of marijuana remnants or by-products (not to be the facility's exterior refuse container), a security plan, and a plan to prohibit the emission of odors from the facility into the environment. The dispensary must be a permanent building (not a habitable trailer, cargo container or motor vehicle) with a maximum area not to exceed 1,000 square feet. Operating hours shall not be earlier than 8:00 a.m. and not later than 8:00 p.m. Marijuana shall not be consumed on the premises of the dispensary, including any accessory structures, parking lot or parking areas.
(Q) Microbrewery, craft distillery, or tasting room.
(1) Must provide evidence of valid state license before commencing operations or at any time upon the request of the Zoning Administrator and the conditions of any such license shall be adhered to by the operator of the establishment at all times.
(2) Pure manufacturing and storage uses not associated with a retail or restaurant function are not allowed in the C-2, C-3, CBD or MU Districts.
(3) All manufacturing and processing activity shall be conducted within a completely enclosed building.
(4) In the C-2, C-3, CBD and MU Districts outdoor storage shall be limited to grain silos designed to be screened from public view or integrated into the design of the principal building through the use of compatible materials and colors. No other materials, including products ready for shipping, or equipment shall be stored outdoors unless approved through a conditional use permit.
(5) Outdoor seating and serving is permitted. The location and placement of outdoor dining and serving facilities shall meet all performance standards in § 152.055.
(R) Mobile homes. After the effective date of this chapter, the following regulations shall apply to all mobile homes:
(1) Only pre-existing, in place mobile homes shall be allowed for residential or non-residential use on an existing lot or within an existing mobile home park, subject to all applicable A.R.S. The relocation of a pre-existing mobile home from its current location, lot or mobile home park shall be prohibited.
(2) The placement and residential or non-residential use of mobile homes constructed prior to 1976 is prohibited, unless in place and in use on the effective date of this chapter.
(S) Outside storage.
(1) All outside storage facilities shall be subject to the site plan review and/or CUP process. In addition to standard site plan information, the applicant shall provide a plan which shows an ability to control on-site and prevent off-site nuisance conditions such as noise, dust, odors, vectors and wind-blown debris.
(2) A use may combine outside storage with vehicle/boat major repair and vehicle/boat sales only if both uses are permitted or conditionally permitted and approved in that district. If combined with said uses, outside storage facilities shall additionally comply with the provisions of divisions (E) and/or (G) of this section.
(3) Outside storage facilities shall be located with direct access to paved roadways that are suitable in size to allow for the efficient delivery of vehicles and boats for storage. The paved roadway requirement of this section shall not apply to outside storage facilities located in the IP district.
(4) Outside storage areas shall be paved with concrete, asphalt, pavers, or gravel. The provisions of this division shall not apply to outside storage facilities located in the IP district.
(5) Outside storage facilities must be fully screened from view by a 100% opaque fence or engineered concrete/masonry block wall that is no less than six feet, but no more than eight feet in height.
(6) As part of the conditional use permit process within the SC District, a landscaped screen of plantings may be required in combination with a required fence or wall to further buffer and/or shield storage activities from public view or adjacent residential districts. See § 152.057(C) for additional screening regulations. The provisions of this division shall not apply to major repair facilities located in the IP district.
(7) No outside storage that exceeds the height of the screen wall may occur within the required setback areas. The provisions of this section shall not apply to outside storage facilities located in the IP district.
(8) No stored vehicle/boat shall be utilized for overnight sleeping or as living accommodations.
(9) All exterior lighting shall comply with the lighting standards provided within § 152.059.
(10) Any lawful outside storage facility in existence as of May 13, 2020, that could not be permitted or rebuilt thereafter because of zoning district requirements shall be considered a permitted use and, accordingly, shall not be subject to this section, unless the facility is proposed to be expanded beyond the building or facility use footprint, whichever is greater, that existed as of May 13, 2020. If the building or facility use footprint exceeds the allowed threshold or if the intensity of uses increases beyond that which existed as of May 13, 2020, the outside storage facility shall be required to be brought into compliance with all current, applicable provisions of this zoning chapter.
(T) Recreational vehicle, park. These regulations apply to recreational vehicle (RV) parks. The installation or development of any recreational vehicle park shall comply with the following minimum criteria:
(1) All RV parks shall be designed in accordance with the provisions of this chapter and administered through the conditional use permit and/or site plan review process.
(2) Within the MHP District, RV parks must be developed as a stand-alone development or one contiguous designated area within a MHP. RV park spaces shall be prohibited from being individually dispersed within a MHP. Any RV park located within a MHP shall be owned and operated by the same owner and operator of the MHP.
(3) One RV shall be permitted on each approved space. No manufactured homes or dwelling units of conventional construction shall be permitted on a RV space or within the RV park for living purposes except for that of the owner, manager, or permanent maintenance personnel.
(4) A recreation or common area shall be provided at a ratio of 100 square feet of recreation or common area for each space. All common areas shall adhere to the provisions outlined in § 152.057.
(5) One nine foot by 18 foot visitor parking space shall be required for each eight RV spaces. Common areas spaced evenly throughout the park may be employed to provide off-street parking.
(6) The minimum distance between RV's or detached accessory structures in the same RV park shall be ten feet.
(7) Minimum distances or setbacks shall be the shortest horizontal dimensions measured from the nearest portion of the sidewall of an RV including pull-outs, tip-outs, or portable affixed awnings.
(8) All interior drives or roadways within the RV park shall be paved private streets a minimum width of 24 feet or as required by the International Fire Code, whichever is greater. Width of roadway is exclusive of curbs and walkways, measured from edge of pavement to edge of pavement. The interior drives or roadways shall be paved in accordance with town engineering standards.
(9) Street improvements for any public roads bounding the RV park shall be made as required by the Town Engineer.
(10) There shall be a minimum distance of five feet between the front of the RV and any private street or sidewalk, including any attached projections.
(11) The RV park shall be permanently screened from adjacent properties or public right-of-ways by an opaque screening fence or solid engineered wall, six feet in height.
(12) Any part of the RV park fronting on a public street shall meet the setback requirements of the zoning district in which it is located as well as the screening and landscaping requirements as outlined in § 152.057.
(13) Access to all RV spaces shall be from the interior of the park. There shall be no individual access to any RV space from a public street.
(14) RV parks with more than 50 spaces shall have a minimum of two separate access entry drives connecting the park to public streets. Access to the development shall not be through a residential area to reach an arterial or collector roadway.
(15) Each RV park must provide an adequate and easily identifiable office or registration area. The location of the office shall not interfere with the normal flow of traffic into and out of the RV park.
(16) Recreational amenities or social centers, which may be used for crafts, hobbies, games, meeting, banquets and similar recreational uses shall be of conventional site-built construction.
(17) Service buildings with toilet, bathing and other sanitation facilities and utilities shall be provided.
(18) Each space shall have water, sewer and electrical hook-ups as required by the town.
(19) Provision for on-site storm water retention / drainage and off-site storm water drainage both entering and leaving the property shall be as required by the Town Engineer.
(20) All utilities shall be placed underground. The placement of utilities will be up to the developer. However, all utilities services shall meet all requirements specified by the town, as well as the respective utility companies.
(21) All lighting shall be in conformance with § 152.059.
(22) Each RV park shall provide fire protection facilities as set forth in the International Fire Code.
(23) Designated areas for boat and recreational vehicle storage within the park shall be for the sole use of the residents of the park.
(24) RV spaces or units will not be available for individual sale.
(25) All refuse collection areas shall be completely enclosed via a solid six foot wall or fence and view obstructing gate and located on a concrete surface. Refuse collection areas shall be readily accessible to collection vehicles, without substantially encumbering adjacent parking and vehicular access. If the refuse collection area can be seen from the exterior of the park, the enclosure should be softened with landscaping on its most visible sides.
(26) The site plan shall provide for a system of pedestrian circulation within the development. The system shall connect with existing sidewalks, if any are adjacent to the property. The pedestrian access may be located either adjacent to private streets, drives or in common open space. The system shall be designed to link RV spaces with recreation facilities and existing sidewalks in the surrounding neighborhood. Internal pedestrian ways may take the form of sidewalks or walking paths.
(U) Religious assembly.
(1) All vehicular access to the facility shall be onto an arterial or collector road.
(2) Wherever an off-street parking area is adjacent to a residential use, a continuous obscuring wall, fence and/or landscaped area at least six feet in height shall be provided.
(V) Resident care home.
(1) A completed registration form shall be submitted to the Community Development Department on a form established by the Zoning Administrator. Registration shall become effective upon issuance of zoning clearance for the home and shall terminate when the home use ceases. No registration/clearance shall be accepted or approved for a home that does not comply with the conditions listed within this division.
(2) Resident care homes shall comply with all applicable federal, state and local requirements for the location, development and operation of such homes and the provision of safe outdoor recreation areas and gross floor areas for every person that the home is licensed to accommodate.
(3) Resident care homes shall not be located within 1,200 feet, as measured from the property lines, of another resident care home or a group care home facility.
(4) All administrative activities, including staffing, counseling, and other visitations, shall serve only residents of the residential care home.
(5) As a reasonable accommodation for persons with a disability, strict compliance with the standards set out in this section may be waived by the Zoning Administrator in accordance with the requirements stated herein. A request for such a reasonable accommodation waiver must be in writing and filed with the Zoning Administrator. In all cases, the Zoning Administrator, or his/her designee, shall make findings of fact in support of his/her determination and shall render his/her decision in writing. The Zoning Administrator may meet with and interview the person making the request in order to ascertain or clarify information sufficiently to make the required findings and/or may request additional information such as a site plan, floor plan, maximum number of residents, transportation methods or description of daily activities. To grant a reasonable accommodation waiver, the Zoning Administrator shall find affirmatively all of the following:
(a) The request will be in compliance with all applicable building and fire codes;
(b) The request will not create traffic impacts, parking impacts, impacts on water or sewer systems, or other similar adverse impacts; and
(c) Profitability or financial hardship of the owner/service provider of a facility shall not be considered by the Zoning Administrator in determining to grant a reasonable accommodation waiver. An appeal of the decision of the Zoning Administrator may be made regarding reasonable accommodation to the Board of Adjustment pursuant to § 152.086(K).
(W) School, public or private; school, boarding and college or university.
(1) The facility shall meet fire code, building code and any other applicable regulations.
(2) All access for high schools, middle schools, boarding schools, or colleges shall be from an arterial or collector roadway; vehicular ingress and egress to local streets is prohibited.
(3) Elementary schools shall not be located adjacent to arterial roads or roads with higher classifications.
(4) A separate conditional use permit shall be required for any additional accessory uses customarily found in conjunction with schools, including dormitories, stadiums, outdoor recreational lighting, and auditoriums which were not specifically described when the CUP was originally approved.
(5) Schools shall comply with the building setback and building height requirements established by the zoning district for which the school is located; unless modified as part of the CUP process.
(X) Self-storage, indoor.
(1) All storage shall be completely within enclosed buildings.
(2) A use may combine indoor storage with outside storage only if both uses are permitted or conditionally permitted and approved in that district. If combined with said use, indoor storage facilities shall additionally comply with the provisions of division (T) of this section.
(3) Doors to individual storage units shall not face any abutting public street frontage, or, if the site is located on a corner parcel, shall not face the primary public street frontage.
(4) No business activity other than rental of storage units shall be conducted on the premises.
(5) All self-storage rental contracts shall include clauses prohibiting:
(a) The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals; and
(b) The use of the property for purposes other than dead storage.
(6) An accessory structure for a management office may be allowed on site, subject to regulations specified in § 152.046.
(Y) Service station.
(1) Service stations shall not include:
(a) Any outdoor service or repair operations, other than the dispensing or installation of gasoline or other minor services for customers as related to such dispensing or installation;
(b) There shall be no sale, rental, display, long-term parking, or storage of vehicles, boats, trailers, machinery or other similar equipment; or
(c) There shall be no outdoor storage or display of vehicle components and parts, supplies or equipment, except within an area defined on the project approved site plan and which extends no more than ten feet beyond the building.
(2) All fuel pumps and/or pump islands shall be covered by a canopy that matches or complements the design of the main structure.
(3) Electric charging stations may count towards required parking spaces.
(4) Under canopy mounted lights shall be flush with the underside of the canopy. All additional outdoor lighting shall be subject to the requirements of § 152.059.
(5) Any signs logo or identifying paint scheme on the primary building, canopy or gas price signs shall adhere to the applicable sign regulations provided in § 152.058.
(Z) Tour services.
(1) All tour operators are required to conduct business out of a physical office space located within permitted districts as identified in Tables 2.3-1 and 2.4-1. Sales are not permitted on public right-of-way.
(2) All parking, queuing, and loading/unloading of tour vehicles shall be conducted on the subject property or within approved areas as defined through the site plan approval and conditional use permit process.
(3) All tour operators shall be prohibited from utilizing local streets within residential zoned districts to conduct any part of standard tour operations. This includes utilizing local residential streets for tour departure and return routes.
(4) All maintenance, repairs, and service washing areas shall be fully screened from view by a 100% opaque fence or engineered concrete/masonry block wall that is no less than six feet in height.
(5) Any heliport, associated with a helicopter tour operator, located outside the AP Zoning District shall be required to obtain a conditional use permit. No conditional use permit for a heliport in association with a tour operator shall be considered for approval unless and until the location, site plan and operation standards comply with all the provisions of this division (AA) and have provided a Federal Aviation Administration (FAA) airspace letter-of-determination stating no objection, with or without conditions, to the proposed facility.
(6) If the Zoning Administrator determines a proposed operation has the potential to create a significant negative impact in the surrounding area, the town may establish other conditions and requirements necessary to prevent possible nuisances (i.e., control number of allowed tours per day, define hours of operation, specify tour routes or deny the CUP).
(7) Outdoor storage of materials which might cause fumes, odors, dust, fire hazard, or health hazards is prohibited unless such storage is within enclosed containers or unless otherwise complies with applicable law.
(8) All tour service facilities shall comply with all applicable federal, state and local laws for the operation of such a facility. Copies of permits or letters of approval shall be submitted to the town prior to operations.
(AA) Vacation home rentals.
(1) Purpose.
(a) The purpose of this section is to establish minimum regulations for the use of residential dwellings utilized as vacation rentals.
(b) This section is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short term rental purposes as defined herein.
(c) Vacation home rentals are limited to individually or collectively owned single-family or one-to-four-family house or dwelling units or any unit or group of units in a condominium, cooperative or timeshare, that is also a transient public lodging establishment or owner-occupied residential home offered for transient use if the accommodations are not classified for property taxation under A.R.S. § 42-12001. Use of any other unit, dwelling or group of units or dwellings as a vacation rental or short-term rental is prohibited. Vacation rentals do not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or other similar use.
(2) Applicability. The provisions of this section apply within the incorporated boundaries of the town.
(3) Vacation home rentals are subject to all laws relating to noise, building and fire codes, protection of welfare, parking, property maintenance and nuisance and may not be used for the purposes of housing sex offenders, operating or maintaining a structured sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses.
(4) Emergency point of contact. An owner of a vacation home rental shall designate an emergency point of contact. Said point of contact shall be filed with the Town Clerk.
(BB) Wireless telecommunication facilities.
(1) This section is to provide a uniform and comprehensive set of standards for the placement, construction and modification of wireless communication facilities (WCF). To protect and promote public health, safety, general welfare and the visual quality of the town while at the same time not unduly restricting the development of needed communication facilities and important amateur radio installations and encouraging managed development of communication infrastructure. It is also the stated intent of this section to provide a public forum to insure a balance between public concerns and private interest in establishing communication and related facilities. The regulations in this section are established to:
(a) Provide guidelines for siting and design of wireless communication facilities;
(b) Minimize adverse visual impacts of towers and wireless communication facilities through careful design, siting, landscaping and camouflaging techniques;
(c) Enhance the ability to provide wireless services to town residents, businesses and visitors;
(d) Simplify and shorten the process for obtaining necessary permits, while protecting the interests of town residents;
(e) Promote and encourage co-location of towers and attached wireless communication facilities as a primary option;
(f) Ensure that wireless communication facilities are compatible with adjacent land uses; and
(g) Avoid potential damage to property caused by towers and communications facilities by ensuring that structures are correctly designed and are removed when no longer used or are structurally unsafe.
(2) Amendments. For the purpose of protecting the public health safety and general welfare, the Planning and Zoning Commission may from time to time propose amendments to these regulations which shall be approved or disapproved by the Town Council at a public meeting following public notice. Realizing that communication technologies are evolving and changing quickly, future innovations may reduce the impacts of individual facilities and render portions of these regulations obsolete. Therefore, periodic review and revision of these regulations will be necessary.
(3) Applicability.
(a) Commercial wireless communication facilities are permitted as a conditional use (CUP) in all zoning districts with the exception of small wireless facilities, certain antennas, or public safety communication facilities as described in division (BB)(5) and residential districts or planned development/planned area development districts.
(b) No person shall build, construct or erect a wireless communication facility upon any parcel of land in a residential or planned development/planned area development district until a review process has determined the site is properly camouflaged and integrated with and/or screened by a non-antenna support structure (street light, utility pole, building feature, landscape feature, etc.).
(c) All antenna support structures and wireless communication facilities, any portion of which are located within the town, are subject to this section. Except as provided in this section, any use being made of an existing antenna support structure or attached wireless communication facility shall be deemed a nonconforming structure and allowed to continue, even if in conflict with the terms of this section.
(d) The Zoning Administrator, by administrative review, may approve (without obtaining a CUP) the proposed construction or development of a camouflaged facility or a co-located facility provided that a building permit is obtained and the proposal meets the minimum requirements of this chapter.
(4) Exceptions.
(a) Small wireless facilities. The construction, improvement, co-location, modification, repair or operation of small wireless facilities may be located within any town right-of-way or any areas outside of the right-of-way that are not zoned exclusively for residential uses. Said small wireless facilities shall be permitted by right and not subject to any zoning or CUP review and approval. Additional town permits may apply for the construction, improvement, co-location, modification, repair or operation of small wireless facilities;
(b) Public safety communications facilities;
(c) The provisions of this section do not apply to radio or television reception antennas, receive only antennas, citizen band antennas, marine band antennas and satellite or microwave parabolic antennas (Residential: one meter or less in diameter) (Industrial/Commercial: two meters or less in diameter) not used by commercial carriers. The height of the antenna shall not exceed the roof line of the primary structure on the parcel and shall be placed on the rear or side of the parcel;
(d) The provisions of this section do not apply to FCC licensed amateur stations as part of the amateur service with a single antenna support structure. Amateur station antennas shall not be subject to the requirements of this section except as follows;
(e) No outdoor amateur station antenna shall be installed until and unless an amateur station antenna permit has been approved and issued by the Zoning Administrator. Amateur station antenna permits are not transferable and shall automatically expire when the person issued the permit no longer owns the property involved or that persons license from the FCC is no longer valid. The Zoning Administrator shall not issue an amateur station antenna permit until the applicant has presented proof of a current FCC license;
(f) All new antenna support structure and attached antenna shall not exceed 90 feet in height above ground level. The tower and antenna shall meet the setback requirements for the zoning district in which it is located and shall require an additional setback of one foot for every foot the tower and antenna exceeds the height limits of the zoning district in which it is located;
(g) The tower and antenna shall be installed in the rear of the parcel and shall meet all local, state and federal regulations and manufacturer specifications. Guy wires, if used, shall meet the setback requirements of the underlying zoning district;
(h) Temporary mobile services providing public information coverage of news events;
(i) Minor modifications of existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, provided there is little or no change in the visual appearance; and
(j) Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that meet the performance standards set forth in this document. Antennas and equipment cabinets or rooms completely located inside of structures and whose purpose is to enhance communications within the structures.
(5) Performance standards and requirements.
(a) Construction standards. All commercial wireless communication facilities and antenna support structures shall be certified by a licensed engineer to be structurally sound and in conformance with applicable building code(s).
(b) Natural resource protection standards. The location of the wireless communication facilities shall comply with all-natural resource protection standards established either in this chapter or in other applicable county, state and federal regulations, including those for flood plains, wetlands, groundwater protection, and steep slopes.
(c) Color and appearance standards. All wireless communication facilities shall blend into the surrounding environment through the use of color and camouflaging architectural treatment, except where the color is dictated by the FCC or FAA.
(d) Advertising prohibited. No advertising is permitted anywhere upon or attached to the wireless communication facility.
(e) Illumination of antenna support structures. Antenna support structures/towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the FAA or other federal or state authority.
(f) Co-location. All wireless communication facilities shall be subject to the co-location requirements set forth in division (BB)(6).
(g) Abandonment. All wireless telecommunication facilities shall be subject to the abandonment requirements set forth in division (BB)(7).
(h) Setback requirements for wireless communication facilities (WCF):
1. Wireless communication facilities. Minimum setbacks for these facilities are the same as underlying zoning districts.
2. Broadcast and other facilities. For zoning districts CBD, MU, C-1, C-2, C-3, SC, BP and IP, the setback requirements are 30% of the support structure height, but not less than the minimum setbacks of the underlying zoning district.
3. Guy wires. Setbacks for guy wires are the same as the minimum setbacks for the underlying zoning district.
4. Security enclosure required. All towers and equipment shelters shall be enclosed either completely or individual as determined by the Zoning Administrator. The town and co-located carriers shall have reasonable access. No fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure. Dependent on the location, plants or landscaping may be required as a buffer around the perimeter of the security enclosure as deemed appropriate by the Zoning Administrator.
5. Existing vegetation. Existing vegetation (trees, shrubs, etc.) shall be preserved to the maximum extent possible.
(6) Co-location requirements.
(a) Any antenna support structure/tower erected for commercial purposes shall be designed to permit future co-location of facilities. No proposed antenna support structure/tower shall be erected unless such structure is capable of supporting a minimum of one additional carrier's wireless communication facility.
(b) Commercial carriers who own an existing support structure shall negotiate in good faith with other carriers that request co-location. Documents showing good faith efforts to co-locate shall be provided by the applicant.
(c) Carriers who co-locate on an approved antenna support structure are not subject to the conditional use permit requirements of this section. The application may be approved by the Zoning Administrator if all other requirements of this section are met.
(7) Abandoned facilities. A wireless communication facility shall be considered abandoned after 60 consecutive days of non-use. The town may seek to revoke the conditional use permit by the same process with which it was approved.
(8) Application process.
(a) Applications for wireless communication facilities and major additions or modifications to existing facilities shall include:
1. Copies of the proposed site plan as required by the Zoning Director (may be submitted electronically) specifying the location and legal description of the site: on site land uses and zoning; adjacent roadways; access and parking; vegetation and landscaping to be added, retained, replaced or removed; setbacks; and the location of the facility, including all related improvements and equipment.
2. A vicinity map specifying adjacent properties, land uses, zoning and roadways within 300 feet of the proposed facility. Elevation drawings of the proposed facility specifying all antennas, antenna support structures / towers, structures, equipment facilities, fencing, screening, landscaping, lighting and other improvements related to the facility, specifying materials, placement and colors.
3. Photorealistic image of the proposed site after antenna support structure erection demonstrating the true impact of the facility on the surrounding visual environment. The Zoning Administrator may request photorealistic images of the site from specific vantage points. This requirement does not apply to facilities permitted under the administrative review process, unless requested by the Zoning Administrator.
4. A report shall be prepared describing the facility and why it is needed, the technical and economic reasons for the site design and location, and the quantity of antenna arrays the structure can support.
(b) A report shall be prepared that addresses the evaluation criteria. The criteria used in evaluation shall consist of the following:
1. Description of the facility and why it is needed;
2. Technical and economic reasons for the site design and location; and
3. The quantity of antenna the structure can support.
(c) A detailed inventory of all the carrier's existing and approved facilities within the town and within five miles of the corporate boundaries.
(9) Application review.
(a) Administrative review. Applications for proposed camouflaged wireless communications facilities and co-location of wireless communication facilities which do not change the antenna support structure height are subject to administrative review. The applications shall be examined for conformance to the requirements in this section by the Zoning Administrator. The Zoning Administrator, within 21 days of receipt of the application, shall render a decision to approve, deny or delay approval of the proposed wireless communication facility. Any decision to delay approval or deny a request shall be in writing and shall include specific reasons for the action. If the applicant has not been notified in writing of a decision after 21 days the application will be deemed approved. A decision by the Zoning Administrator may be appealed by the applicant within 30 days to the Board of Adjustment. The fee for administrative review of a proposed wireless facility shall be collected when the application is submitted.
(b) Except for administrative review of camouflaged facilities and co-location of facilities, all proposals for wireless communication facilities shall be processed under the requirements of § 152.091.
(c) Access control and emergency contact. No trespassing signs shall be posted around the wireless communication facility as deemed appropriate, along with emergency contact telephone number.
(Ord. 2020-02, passed 4-13-2020; Am. Ord. 2021-05, passed - -)