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A. Applicant shall provide:
1. The name(s) and location(s) of the offsite medical marijuana dispensary associated with the cultivation operation.
2. A copy of the operating procedures adopted in compliance with Arizona Revised Statutes, section 36-2804(B)(1)(c).
3. A survey sealed by a registrant of the State of Arizona showing the location of the nearest medical marijuana dispensary or cultivation location if within five thousand two hundred eighty feet (5,280').
4. Site plan, floor plan, building permits for occupancy change, and a security plan.
B. Shall be located in a permanent building and may not locate in a trailer, cargo container or motor vehicle.
C. Shall have a maximum occupant load requirement that will not exceed limitations for single exit floor plan in accordance with the 2012 International Building Code.
D. Shall not be located within one thousand three hundred twenty feet (1,320') of the same type of use. This distance shall be measured from the exterior walls of the building or portion thereof in which the businesses are conducted or proposed to be conducted.
E. Shall not be located within one thousand three hundred twenty feet (1,320') of a Residentially zoned property. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the zoning boundary line of the Residentially zoned property.
F. Shall not be located within one thousand three hundred twenty feet (1,320') of a preschool, kindergarten, elementary, secondary or high school, place of worship, public park, or public community center. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the business is conducted, or proposed to be conducted, to the property line of the protected use.
G. Shall have operating hours not earlier than eight o'clock (8:00) A.M. and not later than six o'clock (6:00) P.M.
H. Drive-through services are prohibited.
I. Cultivation of medical marijuana is prohibited.
J. Shall provide for proper disposal of marijuana remnants or byproducts, and not to be placed within the facility's exterior refuse containers.
K. 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 Arizona Revised Statutes section 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 one thousand (1,000) square feet. Operating hours shall not be earlier than eight o'clock (8:00) A.M. and not later than eight o'clock (8:00) P.M. Marijuana shall not be consumed on the premises of the dispensary, including any accessory structures, parking lot or parking areas. (Ord. 18-880, 7-23-2018)
A. Medical marijuana infusion (or manufacturing) production facility.
1. Applicant shall provide:
a. Name(s) and location(s) of the offsite dispensary.
b. A copy of the operating procedures adopted in compliance with Arizona Revised Statutes, section 36-2804(B)(1)(c).
c. A survey sealed by a registrant of the State of Arizona showing the location of the nearest medical marijuana dispensary or cultivation location if within five thousand two hundred eighty feet (5,280').
2. The facility shall not be located within one thousand three hundred twenty feet (1,320') of the same type of use. This distance shall be measured from the exterior walls of the building or portion thereof in which the businesses are conducted or proposed to be conducted.
3. The facility shall not be located within one thousand three hundred twenty feet (1,320') of a Residentially zoned property. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the businesses are conducted or proposed to be conducted to the zoning boundary line of the Residentially zoned property.
4. The facility shall not be located within one thousand three hundred twenty feet (1,320') of a preschool, kindergarten, elementary, secondary or high school, place of worship, public park, or public community center. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the property line of the protected use.
5. There shall be no emission of dust, fumes, vapors, or odors into the environment from the facility. (Ord. 18-880, 7-23-2018)
A. Must provide evidence of valid State license before commencing operations or at any time upon the request of the Zoning Administrator. The conditions of any such license shall be adhered to by the operator of the establishment at all times.
B. Pure manufacturing and storage uses not associated with a retail or restaurant function are not allowed in the C-2 or MU Zoning Districts.
C. All manufacturing and processing activity shall be conducted within a completely enclosed building.
D. In the C-2 and MU Zoning 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.
E. Outdoor seating and serving is permitted. (Ord. 18-880, 7-23-2018)
A. A completed registration 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 nursing home use ceases operation. No registration/clearance shall be accepted or approved for a nursing home that does not comply with the conditions listed within this subsection.
B. Nursing 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.
C. Nursing care homes shall not be located within one thousand two hundred feet (1,200'), as measured from the property lines, of another nursing home, group care home or a residential care home facility.
D. The nursing home shall not involve changes in the exterior appearance of any structure or necessitate equipment that is not related to the primary residential use.
E. All administrative activities, including staffing, counseling, and other visitations, shall serve only residents of the nursing home. (Ord. 18-880, 7-23-2018)
Outdoor commercial entertainment (i.e., music/concerts) is a conditional use in the C-2, MU, BP and I-1 Zoning Districts subject to the following:
A. A business or property desirous of providing outdoor musical entertainment shall be required to obtain a conditional use permit (CUP) within those zoning districts that permit the use as a CUP. The CUP shall be personal to the permittee and applicable only to the specific business/property identified and shall not be transferable. A new conditional use permit shall be obtained if the business/property is sold, leased, or conveyed by the permittee; or if the permittee moves to a new location.
B. Outdoor musical entertainment conditional use permits shall be subject to an annual review, based on the initial approval date, to ensure the use is conducted in accordance with all of the terms, conditions and restrictions of this chapter, the approved CUP or any other applicable laws. If the use is found to be in compliance, an administrative renewal shall be issued by the Community Development Department. Any use found to be in violation of the terms, conditions, or restrictions of this chapter, the CUP or any other applicable laws shall be subject to revocation and scheduled for a formal public hearing in accordance with article VI, "Zoning Procedures", of this chapter. Following the formal public hearing process, the City Council may elect to renew, renew with additional stipulations, or revoke the CUP.
C. Amplified outdoor musical entertainment, live or recorded, shall not be permitted within six hundred feet (600') of a Single-Family Residentially zoned property or existing residential dwelling.
D. Outdoor musical entertainment will not be permitted within public rights-of-way.
E. Outdoor musical entertainment will be limited to the hours of eight o'clock (8:00) A.M. to eleven o'clock (11:00) P.M.
F. No retail or wholesale over-the-counter sale of goods or products are permitted to be sold in conjunction with the entertainment, other than the products or service being provided by the permitted business, unless accompanied by an Arizona Transaction Privilege Tax license.
G. The performer will not use in their show any flammable items, fireworks, electronic light displays, or laser-operated device.
H. Outdoor musical entertainment shall be restricted to music or singing which is not excessive or disturbing to the community as prescribed by section 13-15.6 of this Code.
I. If the sound is of sufficient volume and duration that it would cause discomfort or annoyance to a reasonable person of normal sensitivities, it shall be prohibited. (Ord. 18-880, 7-23-2018)
A. All outside storage facilities shall be subject to the CUP process in the I-1 Zoning District and the site plan review process as a permitted use in the I-2 Zoning District. 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.
B. A use may combine outside storage with automobile/boat major repair and automobile/boat sales only if both uses are permitted or conditionally permitted and approved in that district. If combined with said uses, outdoor storage facilities shall additionally comply with the provisions of section 21-3-1.6 of this section 21-3-1 for automobile/boat major repair and/or this section for outdoor storage facilities.
C. Outdoor storage facilities shall be located with direct access to paved roadways that are suitable in size to allow for the efficient delivery of automobiles and boats for storage. The paved roadway requirement of this paragraph shall not apply to outdoor storage facilities located in the I-2 Zoning District.
D. Outdoor storage areas shall be paved in compliance with City standards. The provisions of this paragraph shall not apply to outdoor storage facilities located in the I-2 Zoning District.
E. Outside storage facilities must be fully screened from view by a one hundred percent (100%) opaque fence or engineered concrete/masonry block wall that is no less than six feet (6'), but no more than eight feet (8') in height.
F. As part of the conditional use permit process within the I-1 Zoning 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 section 21-4-2 of this chapter for additional screening regulations and this section for outdoor storage facilities. The provisions of this paragraph shall not apply to major repair facilities located in the I-2 Zoning District.
G. No outdoor storage that exceeds the height of the screen wall may occur within the required setback areas. The provisions of this paragraph shall not apply to outside storage facilities located in the I-2 District.
H. No stored automobile/boat shall be utilized for overnight sleeping or as living accommodations.
I. All exterior lighting shall comply with the lighting standards provided within section 21-4-5 of this chapter.
J. Any lawful outside storage facility in existence as of July 23, 2018, 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 July 23, 2018. If the building or facility use footprint exceeds the allowed threshold or if the intensity of uses increases beyond that which existed as of July 23, 2018, the outside storage facility shall be required to be brought into compliance with all current, applicable provisions of this chapter. (Ord. 18-880, 7-23-2018)
A. Requirements:
1. Conditional Use Permit: A business or individual desirous in providing outdoor vending shall obtain a conditional use permit for use in the C-1, C-2, MU and I-1 Zoning Districts.
2. Zoning Districts Where Permitted: Outdoor vendors shall only be permitted to operate on City specified property or on private property in C-1, C-2, MU and I-1 Zoning Districts. The owner or lessee of a property shall give written consent to outdoor vendors to utilize their property for outdoor vending purposes and vendors shall have said written consent available at all times for review by City inspectors.
3. Temporary Business: Outdoor vending businesses are considered to be temporary in nature and are not to be placed in a permanent way on a property.
4. Properties Must Have Principal Use: Outdoor vending will only be permitted on properties that have been established with principal uses.
5. Signage: All signs shall be affixed to the vending cart, stand or stall. Standalone signs on any one side of the cart, stand or stall, shall be approved as part of the CUP process. This type of sign will not require the issuance of a separate sign permit.
6. Blocking Access Prohibited: Vending carts, stands or stalls shall not block a driveway, sidewalk or other point of emergency vehicular access, including emergency access points.
7. Distance From Sidewalks And Streets: All vending carts, stands or stalls shall be located at least five feet (5') from any sidewalk and/or ten feet (10') from any street whichever is the lesser. If located near a street intersection, the vending cart, stand or stall must maintain a visibility triangle per section 21-4-2.11 of this chapter.
8. Parking Area Location: Vending carts, stands or stalls located in parking areas shall not reduce the number of parking spaces required for the principal use if said principal use is in operation during the same hours as the outdoor vendor. Additional off-street parking space must be provided for all employees of the outdoor vending operation unless employees arrive in the vending cart.
9. Construction: Vending carts, stands or stalls must be constructed of durable and high quality materials. Vending carts, stands or stalls must be maintained in good condition and repair. Vending carts, stands or stalls that are in disrepair shall be replaced or removed at the request of the Zoning Administrator.
10. Licensing: Outdoor vending will be conducted with proper licensing, certification and registration required under the State of Arizona, Pinal County and the City of Eloy, if required. The application shall include the applicant's name of business and State Tax license number.
11. Information To Be Submitted: Every applicant, before being granted a permit for outdoor vending shall submit the following:
a. A conditional use permit application and non-refundable application fee per the approved City of Eloy fee schedule.
b. Site plan showing the location where the vending cart, stand or stall will be placed, and compliance with parking and setback and other Code standards.
c. Information providing support that the vending operation is in conformance with the regulations outlined in this section.
d. Business registration for vending business and State Tax license number.
e. If permit will be on City property, proof of liability insurance for one million dollars ($1,000,000.00) with the City of Eloy listed as additionally insured.
12. Renewal And Revocation:
a. Outdoor vendor conditional use permits shall be subject to an annual review, based on the initial approval date, to ensure the use is conducted in accordance with all of the terms, conditions and restrictions of this chapter, the approved CUP or any other applicable laws. If the use is found to be in compliance, an administrative renewal shall be issued by the Community Development Department. Any use found to be in violation of the terms, conditions, or restrictions of this chapter, the CUP or any other applicable laws shall be subject to revocation and scheduled for a formal public hearing in accordance with article VI, "Zoning Procedures", of this chapter. Following the formal public hearing process, the City Council may elect to renew, renew with additional stipulations, or revoke the CUP. (Ord. 18-880, 7-23-2018)
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