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(A) An operator shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit. An operator shall not transfer his or her permit to another unless the following requirements are fully met:
(1) The permit is amended by the town after receipt of a completed application from the transferee setting forth the information called for in § 153.090; and
(2) A transfer fee of 20% of the annual permit fee is tendered by the transferee.
(B) No permit may be transferred after the town has notified an operator that suspension or revocation proceedings have been or will be brought against the operator. Any attempt to transfer a permit in violation of this section is hereby declared void and the permit shall be deemed revoked.
(1974 Code, § 18-3-8-14) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) Each individual employed in a sexually oriented business shall be licensed by the town upon approval of an application providing the following information:
(1) The applicant’s name, date and place of birth, height, weight, hair and eye color, permanent residence address and telephone number;
(2) State driver’s license number and Social Security number;
(3) The applicant’s fingerprints on a form provided by the County Sheriff’s Department;
(4) A statement as to the applicant’s convictions, if any, of a “specified criminal” act as identified herein; and
(5) A statement as to whether applicant has been denied the right to be employed or continue to be employed in a sexually oriented business in any other municipality.
(B) A license granted pursuant to this section shall be subject to annual renewal upon written application and finding by the town that the applicant has not been convicted of any “specified criminal act” as defined by this section or has not otherwise committed any act during the existence of the previous license period which would be grounds to deny the license application.
(1974 Code, § 18-3-8-15) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
ZONING DISTRICTS
In order to carry out the purposes of this chapter, the town is hereby classified into eight zoning districts, as follows:
(A) Open Space;
(B) Agricultural;
(C) Single-Family Residential;
(D) Mobile Home Residential;
(E) Multiple-Family Residential;
(F) Commercial Zone; and
(G) Industrial.
(1974 Code, § 18-4-1) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. 11-003, passed 7-26-2011)
(A) The locations and boundaries of the zoning districts are established as they are shown on the map entitled “The Zoning Map of Fredonia” which is hereby incorporated into this chapter. In the event of a conflict between the zoning map and any action of the Town Council as reflected in the public minutes of the same, the Council action shall be controlling.
(B) Where uncertainty exists as to the exact boundary of a zoning district, the following criteria shall apply.
(1) Where district boundaries are shown by specific location such as a lot line or street line or creek bed, these lines shall be deemed to be the zone boundary. Commercial zones, unless specifically noted on the map, shall be halfway through the town block.
(2) Where the above application of the rules does not clarify the zone boundary, then the Planning and Zoning Commission shall determine the location.
(3) Territory not zoned annexed to the town subsequent to the effective date of this chapter shall, upon the date the annexation becomes effective, automatically remain as designated by the county until the time as the Town Council shall see fit to approve a change of zone request for all or any part of the annexed area.
(4) Where a lot is divided by one or more district boundary lines, the entire lot shall be deemed to be included in the most restrictive district classification unless the less restrictive uses have already been established for a majority of allowable density.
(5) On legal substandard depth lots for the district in which it is located, the front or rear setbacks, except on the street or alley side, may be reduced three inches for each foot that the lot depth is short of the required minimum depth for the district, but in no case may the front and rear yards be reduced to an area of less than 75% of the required minimum.
(1974 Code, § 18-4-2) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) Purpose. To permit the use of open space land for uses compatible with the surroundings and to protect the health, safety and welfare of the residents of the town.
(B) Allowable uses.
(1) The raising of crops, horticulture and gardening;
(2) The retention of undeveloped land;
(3) Washes, drainage channels, flood control facilities and retaining dams, geological features not conducive or desirable for development;
(4) Public recreation facilities; and
(5) Livestock grazing.
(C) Conditional uses.
(1) Buildings or structures of any type associated with the permitted use;
(2) Churches;
(3) Museums;
(4) Schools;
(5) Parks;
(6) Golf courses;
(7) Public utilities; and
(8) Other uses similar to the above and judged by the Planning and Zoning Commission to be in harmony with the intent and purpose of this zone.
(D) Height requirements. No building or other structure shall be erected to interfere with solar rights of neighbor.
(E) Area, width and yard regulations.
(1) Minimum area: one acre;
(2) Minimum front setback from property lines: 20 feet; and
(3) Minimum side and back yard setback: 15 feet.
(1974 Code, § 18-4-3) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) Purpose. To preserve appropriate areas for permanent agricultural use. Uses normally and necessarily related to agriculture are permitted and uses hostile or hurtful to the continuance of agricultural activity are not allowed. Agricultural Zones should be attractively developed, landscaped and maintained for the benefit of residents and for visitors to the community.
(B) Allowable uses.
(1) Single-family dwellings;
(2) Churches;
(3) Livestock feeding;
(4) Dairy production;
(5) Poultry raising;
(6) Household pets;
(7) Farm building and uses; and
(8) Crop production; and
(9) Medical marijuana dispensary offsite cultivation location, subject to the requirements found in division (F) below.
(C) Conditional uses by permit.
(1) Group homes;
(2) Hog or pork production;
(3) Kennels;
(4) Veterinarian clinic;
(5) Agricultural business;
(6) Public utilities;
(7) Golf course;
(8) Mobile home; and
(9) Other uses judged by the Planning and Zoning Commission to be in harmony with the intent and purpose of the zone.
(D) Height requirements. No building or other structure shall be erected to interfere with solar rights of neighbor.
(E) Area, width and yard requirements.
District | Area | Width | Front | Side | Rear |
AG-5 | 5 acres | 200 feet | 20 feet | 15 feet | 15 feet |
AG-10 | 10 acres | 200 feet | 20 feet | 15 feet | 15 feet |
AG-20 | 20 acres | 200 feet | 20 feet | 15 feet | 15 feet |
(F) Modifying regulations.
(1) No agricultural structure housing livestock or fowl shall be located closer than 50 feet from any residential dwelling or an adjacent lot.
(2) No two buildings shall be closer than ten feet.
(3) In addition to any other application medical marijuana requirements, an applicant for any medical marijuana offsite cultivation location conditional use permit shall provide the following:
(a) A notorized authorization executed by the property owner acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary or medical marijuana dispensary offsite cultivation location as applicable.
(b) The legal name of the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location.
(c) If the application is for a medical marijuana dispensary offsite cultivation location the name and location of the medical marijuana dispensary with which it is associated.
(d) The name, address and birth date of each officer and board member of the nonprofit medical marijuana dispensary.
(e) The name, address, birth date and valid registry identification card number of each nonprofit medical marijuana dispensary agent.
(f) A copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c).
(g) A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has been convicted of any of the following offenses:
1. A violent crime as defined in A.R.S. § 13-901.03(B) that was classified as a felony in the jurisdiction where the person was convicted.
2. A violation of state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted except an offense for which the sentence including any term of probation, incarceration or supervised release was completed ten or more years earlier or an offense involving conduct that would be immune from arrest, prosecution or penalty under A.R.S. § 23-8161 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the state of Arizona.
(h) A notarized certification that none of the nonprofit medical marijuana dispensary officers or board member has served as an officer or board member for a medical marijuana dispensary that has had its registration certificate revoked.
(i) A floor plan showing the location dimensions and type of security measures demonstrating that the medical marijuana dispensary offsite cultivation location will be secured enclosed and locked as required by law.
(j) A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location to the property boundary of the parcel containing any existing uses listed in division (3)(l) below if any of the uses are located within 50 feet of the minimum separation the drawing showing actual surveyed separations shall be prepared by a registered land surveyor.
(k) A medical marijuana dispensary offsite cultivation location shall:
1. Be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.
2. Not have drive through service.
3. Not emit dust fumes, vapors or odors into the environment.
4. Prohibit consumption of marijuana and alcohol on the premises.
5. Display a current town business license applicable to medical marijuana use.
6. A medical marijuana dispensary offsite cultivation location may not be operated as a home business anywhere within the town.
7. No person under the agt of 18 shall be allowed in a medical marijuana dispensary offsite cultivation location.
(l) A medical marijuana dispensary or medical marijuana dispensary offsite cultivation location shall meet the following minimum separations:
1. Two-thousand feet from any other medical marijuana dispensary or medical marijuana dispensary offsite cultivation location.
2. Two-thousand feet from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility.
3. One-thousand feet from a public, private, parochial, charter dramatic dancing music learning center or other similar school or educational facility that caters to children.
4. One-thousand feet from a childcare center.
5. One-thousand feet from a public library or public park.
6. One-thousand feet from a church.
7. One-thousand feet from a facility devoted to family recreation or entertainment.
8. A medical marijuana dispensary offsite cultivation location not associated with a medical marijuana dispensary is prohibited and only one medical marijuana offsite cultivation location shall be permitted for the single medical marijuana dispensary with which it is associated.
9. The number of medical marijuana dispensaries offsite cultivation location permitted within the town limits shall be limited to two. The number of medical marijuana dispensaries shall be increased by one for each town population increase of 5,000 over and above the 2010 census figures for the town.
(1974 Code, § 18-4-4) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. 11-004, passed 10-11-2011)
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