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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)
A. Non-chartered financial institutions shall require a CUP in the C-2 and I-1 Zoning Districts only.
B. Non-chartered financial institutions shall not be permitted on a forward pad of a principal corner of two (2) arterial roadways. They may be permitted, with a CUP, as an in-line tenant within a commercial center located at the intersection of two (2) arterial roadways.
C. Non-chartered financial institutions shall not be located within one thousand two hundred feet (1,200') of another non- chartered financial institution.
D. Non-chartered financial institutions shall not be located within one thousand two hundred feet (1,200') of a Residential Zoning District or existing residential dwelling unit.
E. Non-chartered financial institutions shall not be located within one thousand two hundred feet (1,200') of school or place of religious assembly. (Ord. 18-880, 7-23-2018)
A. The applicant shall provide:
1. A copy of the operating procedures adopted in compliance with Arizona Revised Statutes (ARS).
2. A survey sealed by a registrant of the State of Arizona showing the location of the nearest medical marijuana dispensary or cultivation location or recreational marijuana: establishment, testing facility and dual licensee if within five thousand two hundred eighty feet (5,280') of the subject parcel property boundary.
3. A site plan, floor plan, building permits for occupancy change, and a security plan.
4. Written procedures for proper disposal of marijuana remnants or by-products.
5. A plan to prohibit the emission of odors from the facility into the environment.
B. The facility shall be located in a permanent building and may not locate in a trailer, cargo container or motor vehicle.
C. The facility shall comply with the Building Code as adopted and amended from time to time by the City.
D. Unless prohibited by State Law, the facility shall not be located within one thousand three hundred twenty feet (1,320') of a medical marijuana or recreational marijuana facility. This distance shall be measured in a straight line from the closest exterior wall of the building in which the business is conducted, or proposed to be conducted, to the closest exterior wall of the existing medical or recreational marijuana facility.
E. Unless prohibited by State Law, the facility shall not be located within fifty feet (50') of a residentially zoned parcel. This distance shall be measured in a straight line from the closest exterior wall of the building in which the business is conducted, or proposed to be conducted, to the closest exterior wall of the residence or the boundary line of the residentially zoned, but currently vacant parcel.
F. Unless prohibited by State Law, the facility shall not be located within three hundred feet (300') of a public or private 9-12 school. This distance shall be measured in a straight line from the closest property line where the business is conducted, or proposed to be conducted to the closest property line of the public or private 9-12 school building.
G. Unless prohibited by State Law, the facility shall not be located within three hundred feet (300') of a building used for preschool, public or private K-8 school. This distance shall be measured in a straight line from the property line of the preschool, public or private K-8 school to the closest property line of the business.
H. Unless prohibited by State Law, the facility shall not be located within fifty feet (50') of a public park, or public community center. This distance shall be measured in a straight line from the property line in which the business is conducted, or proposed to be conducted, to the property line of the public park.
I. Retail locations shall have operating hours not earlier than eight o'clock (8:00) A.M. and not later than eight o'clock (8:00) P.M.
J. Drive-through services are prohibited.
K. The facility shall provide for proper disposal of marijuana remnants or byproducts, and not to be placed within the facility's exterior refuse containers.
L. Marijuana shall not be consumed on the premises, including any accessory structures, parking lot or parking areas. (Ord. 21-904, 3-22-2021)
A. All vehicular access to the facility shall be onto an arterial or collector road.
B. Wherever an off-street parking area is adjacent to a residential use, a continuously obscuring wall, fence and/or landscaped area at least six feet (6') in height shall be provided. (Ord. 18-880, 7-23-2018)
A. 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.
B. 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.
C. No more than five (5) resident care homes with ten (10) or fewer unrelated residents with one or more disabilities may be located within one-half (½) mile (2,640 foot) radius as measured from the property lines.
D. Resident care homes shall not be located within one thousand two hundred feet (1,200'), as measured from the property lines, of another resident care home or a group care home facility.
E. All administrative activities, including staffing, counseling, and other visitations, shall serve only residents of the residential care home.
F. 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:
1. The request will be in compliance with all applicable Zoning, Building and Fire Codes.
2. The request will not create traffic impacts, parking impacts, impacts on air, water or sewer systems, or other similar adverse impacts.
3. 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.
4. An appeal of the decision of the Zoning Administrator may be made regarding reasonable accommodation to the Board of Adjustment pursuant to section 21-6-2.11 of this chapter. (Ord. 18-880, 7-23-2018)
A. The facility shall meet Fire Code, Building Code and any other applicable regulations.
B. All vehicular 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.
C. Elementary schools shall not be located adjacent to arterial roads or roads with higher functional roadway classifications.
D. 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.
E. 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. (Ord. 18-880, 7-23-2018)
A. All storage shall be completely within enclosed buildings.
B. 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 section 21-3-1.30 of this section 21-3-1, outdoor storage.
C. 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.
D. No business activity other than rental of storage units shall be conducted on the premises.
E. All self-storage rental contracts shall include clauses prohibiting: 1) the storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals, and 2) the use of the property for purposes other than dead storage.
F. An accessory structure for a management office may be allowed on site, subject to regulations specified in section 21-3-2 of this article, accessory buildings, structures and uses. (Ord. 18-880, 7-23-2018)
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