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Eloy Overview
Eloy, AZ Code of Ordinances
ELOY, AZ CODE OF ORDINANCE
PREFACE
ORDINANCES PENDING REVIEW FOR CODIFICATION
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 ADMINISTRATION
CHAPTER 2A RESERVED
CHAPTER 2B AIRPORTS
CHAPTER 3 ALCOHOLIC BEVERAGES
CHAPTER 4 ANIMAL CONTROL REGULATIONS
CHAPTER 5 BUILDINGS
CHAPTER 5A CABLE COMMUNICATIONS ORDINANCE
CHAPTER 6 CEMETERIES
CHAPTER 7 CIVIL DEFENSE
CHAPTER 8 ELECTIONS
CHAPTER 9 RESERVED
CHAPTER 10 GARBAGE, WASTE AND JUNK
CHAPTER 10A PROSECUTION FOR GARBAGE, WASTE AND JUNK VIOLATIONS
CHAPTER 11 HEALTH AND SANITATION
CHAPTER 11A LANDSCAPING REGULATIONS
CHAPTER 12 BUSINESS REGULATIONS
CHAPTER 13 OFFENSES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS
CHAPTER 13A PARKS AND RECREATION
CHAPTER 13B PERSONNEL1
CHAPTER 14 STREETS AND SIDEWALKS
CHAPTER 15 SUBDIVISIONS
CHAPTER 16 TAXATION
CHAPTER 16A FEES
CHAPTER 16B RETAIL DEVELOPMENT AND ECONOMIC DEVELOPMENT TAX INCENTIVES
CHAPTER 16C ECONOMIC DEVELOPMENT TAX INCENTIVES
CHAPTER 17 TRAFFIC1
CHAPTER 18 FLOODPLAIN REGULATIONS
CHAPTER 19 WATER AND SEWERS
CHAPTER 20 RESERVED
CHAPTER 21 ZONING
ARTICLE I. TITLE, PURPOSE AND SCOPE
ARTICLE II. ZONING DISTRICTS
21-2-1: ZONING DISTRICTS AND MAP ESTABLISHED:
21-2-1.1: ZONING DISTRICTS ESTABLISHED:
21-2-1.2: ZONING MAP ESTABLISHED:
21-2-1.3: BOUNDARY DETERMINATION:
21-2-2: RESIDENTIAL DISTRICTS:
21-2-2.1: GENERAL PURPOSE:
21-2-2.2: RESIDENTIAL DISTRICTS ENUMERATED:
21-2-2.3: RESIDENTIAL USE STANDARDS:
21-2-2.4: RESIDENTIAL DEVELOPMENT STANDARDS:
21-2-2.5: SINGLE-FAMILY RESIDENTIAL DEVELOPMENT REQUIREMENTS AND GUIDELINES:
21-2-2.6: MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT REQUIREMENTS AND GUIDELINES:
21-2-3: COMMERCIAL DISTRICTS:
21-2-3.1: GENERAL PURPOSE:
21-2-3.2: COMMERCIAL AND MIXED-USE DISTRICTS ENUMERATED:
21-2-3.3: COMMERCIAL AND MIXED-USE STANDARDS:
21-2-3.4: COMMERCIAL AND MIXED-USE DEVELOPMENT STANDARDS:
21-2-3.5: COMMERCIAL AND MIXED-USE DEVELOPMENT REQUIREMENTS AND GUIDELINES:
21-2-3.6: ADDITIONAL DESIGN STANDARDS:
21-2-4: PUBLIC FACILITIES DISTRICT:
21-2-4.1: GENERAL PURPOSE:
21-2-4.2: PUBLIC FACILITIES USE STANDARDS:
21-2-4.3: PUBLIC FACILITIES DEVELOPMENT STANDARDS:
21-2-4.4: PUBLIC FACILITIES DESIGN GUIDELINES:
21-2-5: INDUSTRIAL DISTRICTS:
21-2-5.1: GENERAL PURPOSE:
21-2-5.2: INDUSTRIAL DISTRICTS ENUMERATED:
21-2-5.3: INDUSTRIAL USE STANDARDS:
21-2-5.4: INDUSTRIAL DEVELOPMENT STANDARDS:
21-2-5.5: INDUSTRIAL DEVELOPMENT REQUIREMENTS AND GUIDELINES:
21-2-5.6: ADDITIONAL DESIGN STANDARDS:
21-2-6: OPEN SPACE DISTRICTS:
21-2-6.1: GENERAL PURPOSE:
21-2-6.2: OPEN SPACE DISTRICTS ENUMERATED:
21-2-6.3: OPEN SPACE USE STANDARDS:
21-2-6.4: OPEN SPACE DEVELOPMENT STANDARDS:
21-2-7: OVERLAY ZONING DISTRICTS:
21-2-7.1: PLANNED AREA DEVELOPMENT (PAD):
21-2-7.2: GENERAL PURPOSE:
21-2-7.3: APPLICABILITY:
21-2-7.4: STANDARDS ELIGIBLE FOR MODIFICATION:
21-2-7.5: APPROVAL CRITERIA:
21-2-7.6: MANUFACTURED HOME OVERLAY DISTRICTS:
21-2-7.7: GENERAL PROVISIONS:
21-2-7.8: MANUFACTURED HOME DEVELOPMENT STANDARDS:
21-2-7.9: MANUFACTURED HOME PARK DESIGN GUIDELINES:
21-2-7.10: RECREATIONAL VEHICLE PARK DEVELOPMENT GUIDELINES:
21-2-7.11: TINY HOUSE PARK DESIGN GUIDELINES:
21-2-7.12:
21-2-7.13: GENERAL PURPOSE:
21-2-7.14: APPLICABILITY:
21-2-7.15: AVIATION OVERLAY SECTORS:
21-2-7.16: PERMITTED USES:
21-2-7.17: SUPPLEMENTAL DEVELOPMENT PROVISIONS (AO):
21-2-7.18: DOWNTOWN CORE OVERLAY (DCO):
21-2-7.19: GENERAL PURPOSE:
21-2-7.20: APPLICABILITY:
21-2-7.21: PERMITTED USES:
21-2-7.22: DENSITY, AREA, BUILDING AND YARD REGULATIONS:
ARTICLE III. SUPPLEMENTAL USE STANDARDS
ARTICLE IV. GENERAL DEVELOPMENT REGULATIONS
ARTICLE V. ADMINISTRATION
ARTICLE VI. ZONING PROCEDURES
ARTICLE VII. ENFORCEMENT
ARTICLE VIII. NONCONFORMITIES
ARTICLE IX. DEFINITIONS AND ACRONYMS
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21-2-2.4: RESIDENTIAL DEVELOPMENT STANDARDS:
The development standards identified in table 2.2-2 of this section apply to all principal uses and structures in Residential Districts, except as otherwise expressly stated in this chapter. General exceptions to these regulations and rules for measuring compliance are identified in section 21-6-9 of this chapter and section 21-2-1.3 of this article, respectively. Regulations pertaining to accessory uses and structures are identified in section 21-3-2 of this chapter.
TABLE 2.2-2
RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS
Zoning District
Density, Maximum (Dwelling Units/Gross Acre)
Lot Dimensions, Minimum
Minimum Setbacks9,10
Lot Coverage, Maximum
Building Height, Maximum
Lot Area
Lot Width1
Front
Side
Street Side
Rear
Zoning District
Density, Maximum (Dwelling Units/Gross Acre)
Lot Dimensions, Minimum
Minimum Setbacks9,10
Lot Coverage, Maximum
Building Height, Maximum
Lot Area
Lot Width1
Front
Side
Street Side
Rear
RR-20
1 du/20 acres
871,200 sq. ft.
660'
60'
60'
60
60'
10%
35'
RR-5
1 du/5 acres
217,800 sq. ft.
330'
50'
30'
50
50'
15%
35'
RR-2.5
1 du/2.5 acres
108,900 sq. ft.
225'
40'
25'
50
40'
15%
35'
R1-54
1 du/1.25 acres
54,450 sq. ft.
150'
30'
20'
40
30'
20%
35'
R1-43
1 du/1 acre
43,560 sq. ft.
145'
30'
20'
40
30'
25%
35'
R1-12
1 du/12,000 sq. ft.
12,000 sq. ft.
75'
20' 2
10'
20
20'
30%
30'
R1-6
1 du/6,000 sq. ft.
6,000 sq. ft.
60'
20'
5' w/15' aggregate4
20
20'
40%
30'
R-2
Single-family detached: 10 dus/acre
3,500 sq. ft.
35'
15' 3
5' 4
10
10'
50%
35'
All other uses: 12 dus/acre
7,000 sq. ft. site6
-
10'
10' 5
10
10' 5,8
50% 7
35'
R-3
Multiple family residential: 10 du minimum; 24 du maximum
7,000 sq. ft. site6
-
10'
10' 5
10
10' 5,8
60%
40'
 
Notes:
   1.    Lot width is measured at front setback.
   2.    Front setback shall be 15 feet for side entry garages and/or covered front porch.
   3.    Front setback shall be 20 feet for front entry garages and carports.
   4.    For all corner lots adjacent to a public right-of-way, the minimum street side yard setback shall be 20 feet.
   5.    0 feet for dwelling units with common walls.
   6.    For single-family attached uses within a single parcel, the minimum individual lot area per dwelling unit shall be 1,500 square feet.
   7.    For single-family attached uses within a single parcel, the maximum individual lot/dwelling unit coverage shall be 95 percent.
   8.    Minimum rear yard setback shall be 25 feet when adjacent to all other zoning districts except R-3.
   9.    The space in any required yard shall be open and unobstructed, except for the ordinary projections of chimney flues, awnings, open outside stairways and balconies, window sills, belt courses, cornices, eaves and other architectural features, provided such features shall not project farther than 3 feet into any required yard, and provided further, that in no case shall such projections be nearer than 5 feet to the property line or an adjacent projection from any adjacent lot.
   10.    Bay windows, including their cornices and eaves, may project into any required yard not more than 3 feet, provided the sum of such projections on any wall does not exceed 1/3 the length of the wall; and provided, that in no case shall such projections be nearer than 5 feet to the property line or an adjacent projection from any adjacent lot.
(Ord. 18-880, 7-23-2018)
21-2-2.5: SINGLE-FAMILY RESIDENTIAL DEVELOPMENT REQUIREMENTS AND GUIDELINES:
The following design requirements and guidelines shall apply to single-family residential subdivisions and certain types of residential units built within the City other than those located in planned area developments (PAD). The intent of these requirements and guidelines is to establish a minimum level of residential community expectations within Eloy as well as a consistent method of evaluating new projects. The guidelines set objectives for the developer/designer to meet and are not intended to restrict or impede creativity and imagination. In the event that a conflict exists between the provisions of this section and the Single-Family Residential Districts of table 2.2-2 in section 21-2-2.4 of this section 21-2-2, the provisions of this section shall prevail.
   A.   Requirements For Single-Family Residential Subdivisions:
      1.   Each project shall have a unique entry feature at its primary entrances to provide individual identity to the development. Entry features may include a combination of the following elements: entrance paving, distinctive landscaping treatment, distinctive structural element (statue, windmill, etc.) planters, special wall/column treatment, gates and other entry features.
      2.   A minimum six foot (6') and maximum eight foot (8') wall shall be required along the rear of reverse frontage single-family lots along collector or arterial streets. Such walls shall be constructed of slump block, brick, or masonry with stucco or mortar wash finish and decoratively designed with details such as inlaid tile or brick work, cap tiles, wall inserts, offsets, or pilaster treatments. Long, straight, unbroken walls are not permitted. Landscaping is required to be installed in accordance with City standards within collector or arterial rights-of-way.
      3.   The undergrounding of all utilities less than sixty nine (69) kV (kilovolts), within and abutting the proposed development, shall occur prior to issuance of construction permits for the applicable phase of development.
      4.   All new residential developments (subdivisions) shall be subject to all requirements set forth in the Eloy subdivision regulations.
      5.   Compliance with the City's Engineering Design Standards for Public Works Construction and with Maricopa Association of Governments Standards for Public Works Construction, except for modifications agreed to by the City Engineer.
      6.   Compliance with the Floodplain Management Ordinance or the receipt of a letter of approval from the Pinal County Flood Control District explaining that the development is not located in the floodplain or the measures to protect development located in the floodplain.
      7.   Separation of any production crops on land owned by the property owner for whom the rezoning is sought or such owners and successors on the property herein zoned by not less than fifty feet (50') from the nearest adjacent property boundary, if applicable.
      8.   A homeowner association (HOA) shall be required to be formed for a new residential subdivision.
   B.   Single-Family Residential Site Design Guidelines:
      1.   Housing should foster a sense of neighborhood among nearby residents and a sense of community through linkage with surrounding neighborhoods.
      2.   All new residential development (subdivisions) should include a pedestrian and bicycle multi-use pathway as part of the required open space as per the Eloy General Plan. If applicable, such pathway shall be designed, located and oriented to provide: a) pedestrian and bicycle accessibility within and around the development; b) connections to adjacent developments to enhance a network of multi-modal circulation throughout the community; and c) a buffer between undeveloped, less densely developed lands and developed land use patterns.
      3.   In an effort to reduce street pavement widths and eliminate driveway curb cuts, the use of alleyways with rear garage configurations and entry access points may be considered as a primary means of access to a residential lot.
      4.   Developments containing alleyways should plan and design the alleyways as a secure pedestrian way that links to the neighborhood pedestrian and bicycle multiuse pathways and open space system.
      5.   Residential structures should have a strong relationship to the neighborhood street. A walkway from the street to the front entry is strongly encouraged.
   C.   Single-Family Residential Open Space Requirements:
      1.   All residential developments (subdivisions) shall provide the minimum net acreage required by chapter 15 of this Code as open space.
      2.   Private (subdivision) open space areas shall be designated as a tract, which is owned and maintained by a homeowners' association. Said private open space shall be located to provide access and physical connections to adjacent neighborhoods and to the community open space network and trail system.
      3.   If the open space area (subdivision) is to be dedicated for public use it shall be located to provide access and physical connections to adjacent neighborhoods and to the community open space network and trail system or to provide protection to adjacent public lands.
      4.   The landscaped portion of a private street tract may be counted as open space only if the private street is constructed to the local street standards as shown in the City of Eloy Subdivision Ordinance. However, this landscaped area may not count towards more than twenty five percent (25%) of the required open space.
   D.   Single-Family Residential Architectural Requirements:
      1.   Roof mounted mechanical equipment on new buildings is prohibited. Mechanical equipment, electrical meter and service components, propane tanks, coolers, water filters and similar utility equipment shall be installed at ground level or wall mounted and shall be screened from public view and designed to appear as an integral part of the building.
      2.   All new single-family residences in new subdivisions shall include a minimum two (2) car garage. Carports shall be permitted in subdivisions that were approved before August 2020 and subdivisions with a manufactured home overlay. If a carport is permitted, new single-family residences and manufactured homes shall have, at a minimum, a single car carport. The design and materials of garages and carports shall be compatible with the main structure. Existing carports shall not be enclosed unless substituted with an additional carport or garage on the property. In RR-20, RR-5, RR-2.5, R1-54 and R1-43 zoning districts, the garage area shall not exceed thirty-five percent (35%) of the front face plane of the residential structure.
   E.   Single-Family Residential Architectural Guidelines:
      1.   Mirrored surfaces or reflective treatment that changes or enhances ordinary glass into a mirrored surface are strongly discouraged. Bright untarnished metallic surfaces, including roof materials, should be chemically treated so they are non-reflective.
      2.   Earth tone paint and material colors should have a light reflective value (LRV) no greater than forty percent (40%). Limited use of contrasting accenting colors in excess of forty percent (40%) LRV for small elements such as entryways and special architectural features of the building may be allowed.
      3.   Detached garages and side entry garages are strongly encouraged.
      4.   Front porches and courtyards are strongly encouraged and should provide a pedestrian connection, other than the driveway, to the street.
      5.   Rooflines with differing heights and style combinations, stepping, or different orientations are strongly encouraged.
      6.   All four (4) exterior elevations of a residential structure should provide architectural detailing; not just the front elevation.
      7.   Window embellishments should be provided on all houses by adding architectural features which enhance the elevations, e.g., sturdy synthetic wood substitutes, greater variation of window design, different window styles, tile inlays and recesses, structural pop outs, gabled roof features over the windows, etc. Such features should be added to all of the exterior elevations of the house to provide interest and relief.
      8.   All tract home developments should have a minimum of four (4) floor plans, with a minimum of three (3) distinctly different elevations for each floor plan. Additionally, a minimum of three (3) colors of roof material, three (3) styles of garage doors and three (3) exterior paint motifs should be used to promote visual interest and architectural diversity. The same elevations should not be utilized across from or adjacent to each other. (Ord. 18-880, 7-23-2018; Ord. 19-888, 10-14-2019; Ord. 20-891, 1-27-2020; Ord. 20-897, 9-14-2020)
21-2-2.6: MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT REQUIREMENTS AND GUIDELINES:
   A.   Multiple Family Residential Requirements: Each multiple family project shall have a unique entry feature at its primary entrance to provide individual identity to the development. Entry features may include a combination of some of the following elements: entrance paving, fountains, distinctive landscaping treatment, planters, special wall treatment, gates and other entry features.
      1.   A minimum six foot (6') and maximum eight foot (8') wall shall be required along the rear of reverse frontage single-family lots along collector or arterial streets. Such walls shall be constructed of slump block, brick, or masonry with stucco or mortar wash finish and decoratively designed with details such as inlaid tile or brick work, cap tiles, wall inserts, offsets, or pilaster treatments. Long, straight, unbroken walls are not permitted. Landscaping is required to be installed in accordance with City standards within collector or arterial rights-of-way.
      2.   The undergrounding of all utilities less than sixty nine (69) kilovolts (kV) within and abutting the proposed development prior to issuance of construction permits for the applicable phase of development.
      3.   All new residential developments (subdivisions) shall be subject to all requirements set forth in the Eloy subdivision regulations.
      4.   Compliance with the City's Engineering Design Standards for Public Works Construction and with Maricopa Association of Governments Standards for Public Works Construction, except for modifications agreed to by the City.
      5.   Compliance with the Floodplain Management Ordinance or the receipt of a letter of approval from the Pinal County Flood Control District explaining that the development is not in the floodplain.
      6.   Separation of any production crops on ground owned by the property owner for whom the rezoning is sought or such owners and successors on the property herein zoned by not less than fifty feet (50') from occupied dwelling units, if applicable.
      7.   The creation of a property management association shall be required for a new multiple family development project.
   B.   Multiple Family Residential Site Design Requirements:
      1.   All new multiple family residential developments (subdivisions) shall be subject to all requirements set forth in the Eloy subdivision regulations.
      2.   Parking areas adjacent to the required front yard shall be screened by a decorative wall or landscape berm or combination thereof to a height not to exceed three feet (3') measured from the finish grade in order to adequately screen the undercarriages of the parked vehicles.
      3.   Trash and refuse collection locations shall be screened with a six foot (6') decorative masonry wall that is finished to match the exterior elevation of the dwelling units. Trash and refuse areas shall be located such that they are not the visual focal point of a driveway or parking area, and cannot be viewed directly from a public street.
      4.   All multiple family residential developments, having more than four (4) dwelling units, shall provide amenities for the residents' use. Examples of such amenities are swimming pool, clubhouse, health and fitness center, tennis courts, etc. The area utilized by these amenities may be credited as open space.
      5.   Required covered parking shall provide motion sensor/detector light fixtures which are to be placed under the parking shade canopy. The design and materials of the covered parking canopy shall be compatible with the main structure.
   C.   Multiple Family Residential Open Space Requirements:
      1.   All multiple family residential developments shall be required to provide a minimum of four hundred (400) square feet of usable open space per dwelling unit. Usable open spaces may include both active and passive uses including, but not limited to pool facilities, open turf areas, trails (not including sidewalks between buildings), ballfields, tot lots and other similar features.
      2.   All multiple residential developments shall adhere to the open space requirements of subsection 15-4-3B of this Code.
   D.   Multiple Family Residential Architectural Requirements:
      1.   Mechanical equipment, electrical meter and service components, propane tanks, coolers, water filters and similar utility equipment shall be installed at ground level or wall mounted and shall be screened from public view and designed to appear as an integral part of the building.
   2.   The building materials of a project shall be durable, require low maintenance, and be of the same or higher quality as surrounding developments. All multiple residential buildings shall have a permanent foundation and a garage, carport or covered parking canopy.
   E.   Multiple Family Residential Architectural Guidelines:
      1.   All buildings should incorporate three hundred sixty degree (360°) architecture, a variety of massing and building heights, and stepping rooflines. Straight rooflines should be varied by using offsets, differing heights, stepping, or different orientations to produce more variety within a development. Roof material should not be wood shake shingles.
      2.   All of the exterior elevations of the structures should provide interest and relief and utilize architectural detailing and overhanging eaves. Embellish window treatments on buildings by adding architectural features, which enhance the elevations, e.g., gabled roof features over windows, structural pop outs, recesses, headers, tile inlays, different window designs and styles.
      3.   Reflective building materials are strongly discouraged. Mirrored surfaces or any treatment that changes ordinary glass into a mirror surface are discouraged. Metallic surfaces, including roof materials, should be chemically treated to be non-reflective. Earth tone paint and material colors should have a light reflective value (LRV) no greater than forty percent (40%). Limited use of contrasting accenting colors in excess of forty percent (40%) LRV for small elements such as entryways and special architectural features of the building may be allowed.
      4.   All of the dwelling units within the development should have a strong design/orientation to one another, to the common open space and to the neighborhood street. A walkway from the street to the front entry is strongly encouraged. (Ord. 18-880, 7-23-2018; Ord. 20-891, 1-27-2020)
21-2-3: COMMERCIAL DISTRICTS:
21-2-3.1: GENERAL PURPOSE:
The purpose of the Commercial and Mixed-Use Districts is to provide for a variety of goods, services and housing, each suited to specific retail, office, entertainment, and moderate to high density residential uses in order to foster economic health, community sustainability and also to maintain compatibility with adjacent uses. These districts are intended to provide attractive, well-designed developments that are appropriately located along primary roadways and multi-modal transportation facilities to serve Eloy residents, customers, and visitors. (Ord. 18-880, 7-23-2018)
21-2-3.2: COMMERCIAL AND MIXED-USE DISTRICTS ENUMERATED:
   A.   Neighborhood Commercial District (C-1): The purpose of this Commercial Zoning District is to provide a location for small scale, well designed professional offices and smaller shops and services in convenient locations to meet the daily needs of residents in the surrounding neighborhood. It is intended that this district restrict its range of uses to those that satisfy the daily commercial, office, and service needs of the immediate surrounding neighborhood.
   B.   General Commercial District (C-2): The purpose of this Commercial Zoning District is to provide a location for general business and commercial uses. The intent of this district is to allow for larger commercial uses to satisfy the needs of the community at large while providing for a broad range of retail, office and service oriented activities.
   C.   Mixed-Use District (MU): The purpose of this Mixed-Use District is to allow the inclusion of both residential and non- residential uses, either vertically or horizontally, on one parcel of land. The intent is to promote site and building design that accommodates multi-modal mobility that creates opportunities to live, work and recreate within newly developing greenfield sites, near existing neighborhoods and/or near the Downtown Core area. Residential densities ranging from ten (10) to twenty four (24) dwelling units per acre are permitted. (Ord. 18-880, 7-23-2018)
21-2-3.3: COMMERCIAL AND MIXED-USE STANDARDS:
Table 2.3-1, "Table Of Allowed Uses For Commercial And Mixed-Use Districts", of this section, lists land uses and indicates whether they are permitted by right or with approval of a conditional use permit (CUP), or prohibited within each zoning district. The use table also includes references to additional use-specific standards that may be applicable to that use. The organization headings and individual abbreviations utilized in the table are identified as follows:
   A.   Use Category: The "use category" is intended to provide a quick reference to organize the specific uses. Such categories are not regulatory.
   B.   Specific Use Type: The "specific use type" is regulatory and functions as the basis for listing the existing and future land uses that are considered in each zoning district. Rather than list every possible individual land use type, this list classifies individual land uses and activities into specific use types based on common functional, product or physical characteristics; such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions. The definitions of each specific use type are located in section 21-9-1, "Definitions", of this chapter.
   C.   Permitted Uses (P): A "P" in a cell indicates that the use is allowed by right in that zoning district.
   D.   Conditional Uses (C): A "C" in a cell indicates that the use is allowed with a conditional use permit in the respective zoning district. Conditional use permits must be reviewed and approved in accordance with the procedures of section 21-6-7 of this chapter.
   E.   Not Permitted (NP): An "NP" in a cell indicates that the use is prohibited in the respective zoning district.
   F.   Use-Specific Standards: Section numbers listed in the "Supplemental Use Regulations" column denote the location of additional regulations that are applicable to the specific use type; however, provisions in other sections of this chapter may also apply.
   G.   Non-Specified Uses: When a use cannot be reasonably classified into a specific use type, or appears to fit into multiple specific use types, the Zoning Administrator is authorized to determine the most similar and thus most appropriate specific use type based on the actual or projected characteristics of the individual use or activity (including but not limited to size, scale, operating characteristics and external impacts) in relationship to the specific use type definitions provided in section 21-9-1 of this chapter. Appeal of the Zoning Administrator's decision may be filed with the Community Development Department and heard by the Board of Adjustment in conformance with the procedures of section 21-6-2.11 of this chapter.
   TABLE 2.3-1
   TABLE OF ALLOWED USES FOR
   COMMERCIAL AND MIXED-USE DISTRICTS
 
P = Permitted use
C = Conditional use
NP = Not permitted
 
Use Category
Specific Use Type
Commercial And Mixed-Use Zoning Districts
C-1
C-2
MU
PF
Supplemental Use Regulations
Use Category
Specific Use Type
Commercial And Mixed-Use Zoning Districts
C-1
C-2
MU
PF
Supplemental Use Regulations
Residential
Assisted living center
NP
C
P
NP
21-3-1.5
Boarding/shelter care
NP
C
NP
NP
 
Caretaker's quarters
NP
C
C
NP
21-3-1.9
Dwelling, live/work
NP
NP
P
NP
 
Dwelling, multi-family
NP
NP
P
NP
 
Dwelling, single-family attached
NP
NP
P
NP
 
Nursing home
NP
C
P
NP
21-3-1.28
Vacation home rentals
NP
NP
P
NP
 
Public and semi public
Arboretum or botanical garden
C
P
P
NP
 
Assembly hall/auditorium
C
P
P
P
 
Bus terminal
NP
C
C
NP
 
Campground
NP
NP
C
NP
21-3-1.8
Cemetery
C
C
C
C
 
Child care, center
C
C
P
NP
21-3-1.11
College or university
NP
P
P
P
21-3-1.13
Community playfields and parks
NP
C
P
NP
 
Community recreation center
P
P
P
P
 
Crematorium or funeral parlor
C
P
C
NP
 
Cultural facility
C
P
P
P
 
Fraternal or social club, nonprofit
C
P
P
NP
 
Government offices and civic buildings
P
P
P
P
 
Health care/medical facility or clinic
C
P
P
P
 
Hospitals
NP
P
P
P
 
Library
P
P
P
P
 
Museum, cultural facility
NP
P
P
P
 
Non-profit/non- governmental organization
C
C
C
C
 
Public safety facility
P
P
P
P
 
Religious assembly
P
P
P
NP
21-3-1.33
School, boarding
C
C
C
P
21-3-1.35
School, public or private, K - 8
C
C
C
P
21-3-1.35
School, public or private, 9 - 12
C
C
C
P
21-3-1.35
Social service facility
C
C
C
P
 
Solar generation facility
C
C
C
C
21-3-1.38
Utility facility and service yard, major
NP
C
C
P
 
Utility facility, minor
P
P
P
P
 
Wireless facility (including tower and supporting facilities)
C
C
C
C
21-4-4
Commercial
Adult entertainment business
NP
NP
NP
NP
21-3-1.2
Alcoholic beverages, retail sale
C
P
P
NP
 
Animal, hospital/veterinarian
NP
C
NP
NP
21-3-1.4
Animal kennel/shelter
NP
C
NP
NP
 
Automobile rentals
NP
P
P
NP
 
Automobile repair
NP
C
NP
NP
 
Automobile sales and leasing
NP
P
NP
NP
 
Bar, lounge, or tavern
NP
P
P
NP
 
Business services
P
P
P
NP
 
Car wash
NP
C
NP
NP
 
Coffee shop/cafe
P
P
P
NP
 
Coffee shop/cafe with drive through
C
C
C
NP
21-3-1.18
Commercial entertainment, indoor
NP
C
C
NP
 
Commercial entertainment, outdoor
NP
C
C
NP
 
Convenience store
P
P
P
NP
21-3-1.15
Farmers market
C
P
P
NP
 
Feed store
C
P
P
NP
 
Financial institution (chartered; bank)
C
P
P
NP
 
Financial institution (chartered), with drive through
C
P
P
NP
 
Fitness and sports center
C
P
P
NP
 
General market
P
P
P
NP
 
General personal services
P
P
P
NP
 
General personal services with drive through
C
P
P
NP
21-3-1.18
General recreation, indoor
NP
P
P
NP
 
Hotel or motel
NP
P
P
NP
 
Instructional services or trade schools
NP
P
C
P
 
Medical marijuana dispensary
NP
C
NP
NP
21-3-1.25
Medical marijuana infusion
NP
C
NP
NP
21-3-1.26
Microbrewery, craft distillery or tasting room
NP
P
P
NP
21-3-1.27
Movie theater
NP
P
P
NP
 
Nightclub
NP
C
C
NP
 
Non-chartered financial institution (payday loan/check cashing)
NP
C
NP
NP
 
Nursery, commercial
NP
C
C
NP
 
Office, business or professional
P
P
P
NP
 
Outdoor/mobile vending
C
C
C
NP
21-3-1.31
Parking lots and parking structure
NP
P
P
P
 
Recreational marijuana establishments and dual licensee facilities
C
C
NP
NP
21-3-1.33
Restaurant
P
P
P
NP
 
Restaurant, with drive through
C
C
C
NP
21-3-1.18
Restaurant, with off track betting
NP
C
C
NP
 
Retail, general
P
P
P
NP
 
Retail, general with drive through
C
C
C
NP
21-3-1.18
Retail, large format
NP
P
P
NP
 
Retail, smoke shop
NP
C
C
NP
 
Self-storage, indoor
NP
C
C
NP
21-3-1.36
Service station
NP
P
P
NP
21-3-1.37
Service station with car wash
NP
C
C
NP
21-3-1.37
Tour services
NP
P
P
NP
 
Truck stop
NP
C
NP
NP
 
Industrial
Building materials sales, indoor retail
NP
C
C
NP
 
Building materials sales, outdoor or wholesale
NP
C
NP
NP
 
Heavy rental, outdoor
NP
C
NP
NP
 
 
(Ord. 18-880, 7-23-2018; amd. Ord. 21-904, 3-22-2021)
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