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§ 153.112 OPEN SPACE ZONE.
   (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)
§ 153.113 AGRICULTURAL ZONE.
   (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)
§ 153.114 SINGLE-FAMILY RESIDENTIAL ZONE.
   (A)   Purpose. To provide appropriate locations where low density residential neighborhoods may be established, maintained and protected. The regulations permit, with proper controls, the establishment of public and semi-public uses such as churches, schools, libraries, parks and playgrounds and similar facilities which serve the requirements of families. On lots of one-half acre or larger, the zone gives protection to property owners who may keep livestock for their own use. The regulations are intended to prohibit those uses that would be harmful to a single-family residential neighborhood. Deed restrictions may be used to further limit uses in any zone. Single-Family Residential 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, including permanently erected manufactured homes. See “manufactured home” and “mobile home” definition;
      (2)   Home gardens, fruit trees, the keeping of household pets but not the keeping of domestic animals, except as provided herein;
      (3)   Accessory building and uses;
      (4)   In connection with a single-family dwelling on lots of at least one-half acre, or larger, the keeping of domestic livestock animals for family or personal use but not on a commercial basis. A corral must not be closer than 50 feet to a residence; and
      (5)   On a lot of one acre or larger, a second dwelling is permitted.
   (C)   Conditional uses.
      (1)   School;
      (2)   Church;
      (3)   Park or playground;
      (4)   Public utilities and other community facilities;
      (5)   Multiple-family dwelling;
      (6)   Group home: a group home constituting a “residential facility” as defined in A.R.S. §§ 36-582 and § 501.15 shall be an allowable use under this section. Other group homes, and particularly those serving troubled youth, referrals from a state or county correctional authority, substance abusers, or those with a past history of violent behavior, including sexual violence, shall require a conditional use permit with such restrictions as may reasonably contribute to local land use planning in the interest of public health and safety. It shall in no case be closer than 600 feet from a public school, church or an establishment that has a bar liquor license in accordance with A.R.S. § 4-206.01. Complaints from neighbors will be assessed. Group homes serving elderly people shall be regulated by state statutes; and
      (7)   Any use similar to the above and 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 for single-family dwellings.
 
Minimum District
Minimum Square Ft.
Minimum Lot Width
Lot Depth
Front
Side
Rear
R-1-8
8,000
80 feet
100 feet
20 feet
10 feet
10 feet
R-1-10
10,000
80 feet
100 feet
20 feet
10 feet
10 feet
R-1-12
12,000
80 feet
100 feet
20 feet
10 feet
10 feet
R-1-20
20,000
100 feet
120 feet
20 feet
10 feet
10 feet
R-1-40
40,000
100 feet
20 feet
10 feet
10 feet
R-1-80
80,000
100 feet
20 feet
10 feet
10 feet
 
   (F)   Modifying regulations.
      (1)   On corner lots, the front yard setback on the street side shall not be less than 20 feet, unless otherwise approved by the Planning and Zoning Commission, if it determines it will not have an adverse effect on the community.
      (2)   Private garages and accessory buildings located at least ten feet from a main dwelling may have a side yard setback of two feet from any interior lot line, but drainage from roof must fall on owner’s property.
      (3)   To the extent that mobile homes are presently located in the old R-1-A Zone, they shall be considered non-conforming uses and shall be subject to provisions and requirements of § 153.035. The only exception hereto shall be in the event of a conditional use as granted in conformity herewith.
      (4)   No building or structure housing animals or fowl on one-half or one acre lots shall be located closer than 50 feet to a dwelling unit on an adjacent lot. Pigs shall not be kept in any non-agricultural zone. Horses shall be permitted on property zoned residential; provided that, the property is one-half acre minimum. There is no maximum number of horses permitted, unless county regulations of density or number apply. Horses shall be for personal use only; horses used for commercial purposes may only be kept on land zoned for agricultural use. Horses must be kept a minimum of 50 feet from habitable dwellings on adjacent lots. If the horse can interfere with or impact the neighbor’s fence or property, the horse shall be kept a minimum of ten feet from the property line, unless the neighbor waives his or her right to enforce this particular requirement, in writing. In order to minimize the negative impact of odor and pests on neighbors, horse paddocks and corrals must be maintained a minimum of twice a week.
      (5)   A group home constituting a “residential facility” as defined in A.R.S. §§ 36-582 et seq. shall be an allowable use under this section. Other group homes, and particularly those serving troubled youth, referrals from a state or county correctional authority, substance abusers or those with a past history of violent behavior, including sexual violence, shall require a conditional use permit with such restrictions as may reasonably contribute to local land use planning in the interest of public health and safety. Group homes serving elderly people shall be regulated by state statutes.
(1974 Code, § 18-4-5) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. 11-002, passed 7-12-2011)
§ 153.115 MOBILE HOME ZONE.
   (A)   Purpose. To provide for the development of mobile home subdivisions, mobile home parks and recreation vehicle parks in a quality environment. Mobile homes are not intended for the isolated lot, but for placement in parks or subdivisions. The mobile home parks are designed and intended from the beginning of development for mobile homes only. Mobile home zones should be attractively developed, landscaped and maintained for the benefit of residents and for visitors to the community.
   (B)   Allowable uses.
      (1)   Manufactured homes;
      (2)   Household pets, but not livestock or fowl;
      (3)   Horticulture and gardening for personal use; and
      (4)   Accessory buildings and uses.
   (C)   Conditional uses.
      (1)   Parks and playgrounds;
      (2)   Other uses similar to the above and judged by the Planning and Zoning Commission to be in harmony with the intent of the zone and similar to the above listed uses;
      (3)   On lots of one-half acre or larger, the zone gives protection to property owners who may keep livestock for their own use (see § 153.114); and
      (4)   Temporary mobile home can be hooked to another home up to one month. Then a conditional use permit must be requested.
   (D)   Height requirements. No building or other structure shall be erected to interfere with solar rights of neighbor.
   (E)   Mobile home subdivision development standards area, width and yard requirements.
 
District
Square Feet
Lot Width
Front
Side
Rear
MH-8
8,000
70 feet
20 feet
10 feet
10 feet
MH-10
10,000
80 feet
20 feet
10 feet
10 feet
MH-12
12,000
80 feet
20 feet
10 feet
10 feet
MH-20
1/2 acre
100 feet
20 feet
10 feet
10 feet
MH-40
1 acre
100 feet
20 feet
10 feet
10 feet
 
      (1)   Private garages and accessory buildings located at least ten feet from any main dwelling may have a side yard setback of two feet from interior lot lines, but drainage from roof must fall on owner’s property.
      (2)   The requirements relating to the keeping of livestock animals in the MH-20 and MH-40 Zones shall be the same as found in § 153.114 dealing with the keeping of livestock in Residential Zones.
      (3)   In mobile home subdivisions, all mobile homes shall conform to applicable codes, shall have copper electrical wiring, shall be structurally sound, and all doors and windows shall be functional and in good repair. Siding shall also be in good repair with no unsightly voids or holes. Mobile homes shall be placed on a foundation or shall be skirted with a quality skirting material as approved by the Town Building Inspector. A three-foot square minimum entry porch is required.
      (4)   Restriction on age of mobile homes brought to the town on or after 9-1-2000.
         (a)   Effective 9-1-2000, no mobile home, as defined herein, may be placed within the Mobile Home Zone or anywhere within town’s boundaries and occupied as a residence unless the mobile home was first constructed or assembled no more than 15 years prior to the first date it would be lawfully occupied as a residence within the town’s boundaries.
         (b)   This division (E)(4) shall not apply to any mobile home that was lawfully occupied as a residence within the town’s boundaries as of 8-31-2000.
   (F)   Mobile home park development standards.
      (1)   All interior access roads shall be at least 25 feet in width to serve each mobile home space and parking area.
      (2)   Access to all mobile home parks shall be from a dedicated and approved public street at an approved access point or points.
      (3)   Parking shall be provided at a ratio of at least two parking spaces per mobile home.
      (4)   Playground or open space recreation areas shall be provided for each mobile home park with a minimum of 2,000 square feet and an additional 200 square feet for every mobile home space over ten spaces.
      (5)   Each mobile home space shall have a minimum of 4,500 square feet and a minimum width of 45 feet.
      (6)   Each mobile home shall have the following minimum yard clearances:
         (a)   Side yard bordering adjacent property: ten feet;
         (b)   Rear yard bordering adjacent property: ten feet; and
         (c)   A six-foot screening barrier shall be erected adjacent to any existing single-family residential zone.
      (7)   Minimum yard clearances for each mobile home space within the mobile home park:
         (a)   Front yard on private access street: ten feet;
         (b)   Side yard on main door side of mobile home: 15 feet;
         (c)   Side yard on “no access” side of mobile home: five feet;
         (d)   Rear yard: ten feet;
         (e)   No two mobile homes shall be closer together than ten feet; and
         (f)   All utilities shall be located underground.
      (8)   The minimum size of a mobile home park shall be one acre.
      (9)   Tie down requirements.
   (G)   Recreational vehicle park development standards.
      (1)   Each recreational vehicle park shall have a minimum size of one acre.
      (2)   Each recreational vehicle park shall be provided with roadways of at least 25 feet in width for two-way traffic and 15 feet in width for one-way traffic to serve each recreational vehicle space in the park.
      (3)   Access to all recreational vehicle parks shall be from a dedicated public street at an approved point or points. No RV unit shall have direct access to a space from a public street.
      (4)   Off-street parking spaces shall be provided for the parking of each RV located in the park.
      (5)   Recreation space shall be provided for each RV park at a ratio of 2,000 square feet for ten or less units and an additional 100 square feet for each additional space provided.
      (6)   Each recreational vehicle space shall have a minimum width of 20 feet and all recreational vehicles shall be able to park in designated spaces with no portion of a driveway or roadway being used for RV parking.
      (7)   No recreational vehicle shall be parked closer than ten feet to another recreational vehicle.
      (8)   Minimum yard clearance for a recreational vehicle park:
         (a)   Front yard on a public street: 25 feet;
         (b)   Side yard bordering adjacent property: ten feet;
         (c)   Rear yard bordering adjacent property: ten feet; and
         (d)   A six-foot screening barrier shall be erected along all sides bordering existing residential subdivision.
      (9)   No mobile or manufactured home shall be located in a recreational vehicle park, except for an owner’s or manager’s unit that shall be permanently installed.
      (10)   All RV parks shall contain a service building containing sanitary facilities, as may be required by the State Department of Environmental Health, and a dump station for dependent recreational vehicles.
      (11)   The maximum density for an RV park shall be 12 units per acre.
      (12)   All utilities shall be located underground.
(1974 Code, § 18-4-6) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. 00-015, passed 7-11-2000)
§ 153.116 COMMERCIAL ZONE.
   (A)   Purpose. The objective of the commercial zone is to provide space of appropriate locations where various types of commercial businesses offering goods and services may be provided. Commercial developments should be attractively developed, landscaped and maintained for the benefit of residents and for visitors to the community.
   (B)   Allowable uses.
      (1)   Commercial businesses of retail commercial nature;
      (2)   Office and professional businesses;
      (3)   Public buildings;
      (4)   Commercial day care centers; and
      (5)   Residential dwelling, single- or multiple-family.
   (C)   Conditional uses.
      (1)   Public utilities;
      (2)   Parks and recreation areas;
      (3)   A group home constituting a “residential facility”, as defined in A.R.S. §§ 36-582 et seq., shall be an allowable use under this section provided it serves six or fewer persons. Other group homes, and particularly those serving troubled youth, referrals from a state or county correctional authority, substance abusers or those with a past history of violent behavior, including sexual violence, shall require a conditional use permit with such restrictions as may reasonably contribute to local land use planning in the interest of public health and safety. It shall in no case be closer than 600 feet from a public school, church or an establishment that has a bar liquor license in accordance with A.R.S. § 4-206.01. Group homes serving elderly people are regulated by state statutes;
      (4)   Other uses similar to the above and approved by the Planning and Zoning Commission as being in harmony with the intent and purpose of the zone; and
      (5)   Sexually oriented businesses (see §§ 153.085 through 153.099).
   (D)   Height requirements. No building or other structure shall be erected to interfere with solar rights of neighbor.
   (E)   Area, width and yard requirements.
      (1)   Minimum setback from front property lines: zero feet, but all construction must be on own property and comply with Fire Code and drainage requirements; and
      (2)   Required utility easement: ten feet from back property line and ten feet from side property line unless a fire wall is constructed.
   (F)   Modifying regulations.
      (1)   All materials and merchandise, except vehicles in running order, shall be stored in an enclosed building or within an enclosure surrounded by a sight-obscuring fence or wall of not less than six feet.
      (2)   Business shall provide sufficient off-street parking.
      (3)   In addition to any other application requirements, an applicant for any medical marijuana dispensary conditional shall provide the following:
         (a)   A notarized authorization executed by the property owner acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary or a medical marijuana dispensary offsite cultivation location a 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 or 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. § 13-901.01(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 members 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 location will be secured, enclosed and loced as required by law.
         (j)   A scale drawing depicting the property lines and the separation 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 location shall:
            1.   Be located in a permanent building an may not be located in a trailer, cargo container or motor vehicle.
            2.   A medical marijuana dispensary shall have operation hours not earlier tan 9:00 a.m. and not later than 5:00 p.m.
            3.   Not have drive through service.
            4.   Not emit dust fumes vapors into the environment.
            5.   Prohibit consumption of marijuana and alcohol on the premises.
            6.   Display a current town business license applicable to medical marijuana uses.
            7.   A medical marijuana dispensary location may not be operated as a home business anywhere within the town.
            8.   No person within under the age of 18 shall be allowed in a medical marijuana dispensary.
         (l)   A medical marijuana dispensary 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.   The number of medical marijuana dispensaries permitted within the town limits shall be limited to two. The number of permitted medical marijuana dispensaries shall be increased by one for each town population increase of 5,000 over and above the official 2010 census figure for the town.
(1974 Code, § 18-4-8) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. 11-002, passed 7-12-2011; Ord. 11-004, passed 10-11-2011)
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