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(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)
(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)
(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)
(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
(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)
(A) Purpose. The objective in establishing an Industrial Zone is to provide employment opportunities within the town, and space for manufacturing, warehousing, fabrication, wholesaling, service and other similar establishments in a location compatible with one another and protected from other types of uses. Industrial uses are to be located with access to a major street, highway or other means of transportation and the availability of public utilities. Industrial Zones shall be maintained in a neat, sanitary manner with appropriate landscaping or fencing for the benefit of residents and visitors to the community.
(B) Allowable uses.
(1) Industrial uses of various kinds;
(2) Public buildings or facilities; and
(3) Public utilities.
(C) Conditional uses.
(1) Caretaker or security buildings; and
(2) Uses similar to the above and judged by the Planning and Zoning Commission to be in harmony with the intent and purpose of the zone.
(3) Medical marijuana dispensary, subject to the requirements found in division (G) below.
(4) Marijuana infusion food establishment, subject to the provisions found in division (G) below.
(a) A notarized authorization executed by the property owner acknowledging and consenting to the proposed use of the property as a marijuana food infusion establishment.
(b) Shall be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.
(c) A medical marijuana food infusion establishment shall have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m.
(d) Shall not emit dust fumes or vapors into the environment.
(e) Shall prohibit consumption of marijuana and alcohol on the premises.
(f) Shall display a current town business license applicable to medical marijuana uses.
(g) Shall not be operated as a home business anywhere within the town.
(5) Medical marijuana qualifying patient cultivation location. A qualifying patient may cultivate at their place of residence subject to compliance with all applicable law, including applicable health regulations and any rules promulgated by the Arizona Department of Health and any other authorized regulatory agency.
(6) Medical marijuana designated caregiver cultivation location.
(a) All conditions and locations apply except that the restrictions for medical marijuana dispensaries and off-site cultivation location area is limited to 250 square feet maximum including any storage area.
(b) Any medical marijuana designated caregiver cultivation location may be required to comply with all applicable law, including applicable health regulations and any rules and any rules promulgated by the Arizona Department of Health and any other authorized regulatory agency.
(D) Uses specifically excluded. Uses which give rise to excessive or offensive odor, noise, fumes, dust, radiation or danger of explosion or contamination.
(E) Height requirements. No building or other structure shall be erected to interfere with solar rights of neighbor.
(F) Area, width and yard requirements.
(1) Minimum setback from front property line: 25 feet (adjacent to non-residential) and 100 feet (adjacent to residential);
(2) Street side, side yard setback: 20 feet;
(3) Side yard setbacks: minimum five feet (if non-residential) and 25 feet (if adjacent to residential); and
(4) Rear yard setbacks: ten feet.
(G) Modifying regulations.
(1) All storage, except vehicles in running order, shall be stored in an enclosed building or within an enclosure surrounded by a solid fence or wall of not less than six feet in height and no material or merchandise so stored shall be stored at a height above the top of the fence or wall.
(2) Storage of “junk” partially or completely dismantled automobiles shall be stored as required in division (G)(1) above.
(3) All outside parking areas shall be lighted during evening working hours.
(4) Where any industrial use or zone adjoins a lot in a residential zone, there shall be a fence constructed along the common property line as required in division (G)(1) above.
(5) In addition to any other application requirements, an applicant for any medical marijuana dispensary or a medical marijuana dispensary offsite cultivation location conditional use permit and 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 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 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 members has served as an officer or board member
that has had its registration for a medical marijuana dispensary 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 (5)(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. A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m.
3. Not have drive through service.
4. Not emit dust fumes, vapors or odors 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 under the ago of 18 shall be allowed in a medical marijuana dispensary.
(l) A medical marijuana dispensary or medical marijuana dispensary offsite cultivation 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 of 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 dispensary offsite cultivation location shall be permitted for the single medical marijuana dispensary with which it is associated.
9. 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.
(H) Industrial park plan.
(1) Purpose. The objective in establishing the Industrial Zone is to provide space for warehousing, light manufacturing, fabrication, wholesaling, service and other similar commercial establishments which are combined with manufacturing or warehousing uses and to locate these establishments in a location compatible with one another and where they are convenient to the other commercial and industrial zones in the town. In addition, these regulations seek to preserve healthy air and water qualities and visual esthetics for the benefit of the residents of the area, and in no part will contradict existing county, state or federal regulations.
(2) Permitted, conditional and prohibited uses.
(a) Permitted and conditional uses.
1. In the following list of possible uses, those designated in any zone as “P” will be a permitted use. Uses designated by the letter “C” are allowed as a conditional use. If they are not designated, they are not permitted, except as may be otherwise approved by the Planning and Zoning Commission.
Automobile repair shop | P |
Automobile storage yard, not salvage yards | C |
Caretaker’s dwelling, incidental to the use of the land for industrial purposes | P |
Carpenter, electrical, plumbing or heating shops | P |
Concrete mixing and batching plants | C |
Dry cleaning plant | P |
Farm and construction equipment sales, rental and service | P |
Feed, cereal or flour mill | C |
Fertilizer and soil conditioner | P |
Food processing wholesale, excluding fish, meat, vinegar, yeast and fat | C |
Foundry, lightweight casting, non-ferrous without noxious odors or fumes | C |
Furniture upholstery shop | P |
Honey extraction and processing | C |
Ice manufacturing and storage | P |
Insulation sales and service | P |
Knitting mill | P |
Livestock feed processing and storage | C |
Machine shop general | P |
Manufacturing establishments | P |
Pest control and extermination | P |
Planing mill | P |
Plumbing shop | P |
Printing | P |
Publishing or lithography shops | P |
Rubber welding | C |
Sandblasting | C |
Seed and feed store retail | P |
Sheet metal | P |
Sign manufacture or sign painting | P |
Storage rental units | C |
Testing laboratory | C |
Tire recapping or retreading | C |
Truck sales and repair | P |
Truck terminal | P |
Warehouse storage | P |
Welding shop | P |
2. Other uses similar to the above and judged by the Planning and Zoning Commission to be in harmony with the intent and purpose of the zone.
(b) Prohibited uses. The following uses shall be excluded from the county, animal byproducts plants; blast furnaces, offal and animal reduction, incineration or processing; manufacturing, compounding or processing of chlorine gas, acid, cement, lime, gypsum, plaster of Paris, creosote, fertilizer from animal byproducts, pyroxylene rubber reduction; processing or treatment of fish; and similar uses which give rise to excessive or offensive odor, noise, fumes, dust, radiation, danger of explosion, or other hazardous waste of any type.
(3) Site development standards.
(a) Minimum lot area: 0.75 acre;
(b) Setbacks (in feet):
1. Front: 25;
2. Side: 25;
3. Street side: 25; and
4. Rear: 25.
(c) Minimum zone area: 30 acres; and
(d) Site plan approval.
1. A site plan shall be submitted, drawn to scale and of sufficient size and detail to show building locations, yard setbacks, ingress and egress drives, parking areas, landscaped areas and other improvements as may be required relating to the specific use proposed.
2. The site plan, or an additional plan drawn to the same scale, shall show utility locations, including water, power, telephone, cable TV, sewer or septic tank locations, fire hydrants, street improvements and other public improvements as may be required.
3. Planning and Zoning Commission review and approval shall precede the issuance of any building permit for site improvements, or construction permit for utility systems.
(4) Special provisions.
(a) Storage of materials and merchandise. All storage and merchandise 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 in height, and no material or merchandise shall be stored to a height greater than that of the enclosing fence or wall.
(b) Junk. Storage of “junk” or partially or completely dismantled automobiles shall be enclosed within a sight obscuring wall or fence of not less than six feet in height, and material so stored shall be kept below the height of the fence or wall.
(c) Solid waste storage facilities. Solid waste storage facilities shall be located at the rear of the main building or else behind a sight obscuring fence or wall which will prevent the facility from being seen from a public street.
(d) Protection of adjoining residential property or highway frontage. Where any Industrial Zone adjoins any lot in a residential zone, there shall be provided and maintained along the property line a decorative sight obscuring fence or wall, or a ten-foot wide planting strip, or any combination of fencing and landscaping, which, in the opinion of the Planning and Zoning Commission, will adequately protect the adjoining residential property or enhance the visual impact from the adjoining highway.
(e) Parking spaces required for non-residential areas. Notwithstanding all provisions of this section, all commercial, industrial and professional developments and all other non-residential uses of land shall provide sufficient off-street parking for all employees, business vehicles and equipment, customers, clients and patients of the business, industry or professionally used property, as may be required by the Planning and Zoning Commission in addition to spaces presently required by this title. No on-street parking will be allowed.
(f) Lighting. All outside parking areas shall be lighted during evening work hours. All lights shall be down-casted, and directed away from residential and highway areas. Lights shall not be of an intensity that obstructs or interferes with local resident’s enjoyment of the night sky. A small light shall be permitted for the purposes of illuminating the U.S. flag.
(g) Utilities and fire protection.
1. All developments shall be served by a source of culinary water, sewer or septic tank, as may be approved by the Southwest District Public Health Department, electrical power from a power company whose area of service covers the proposed business site location, and adequate water for fire protection as required by Ch. 152 of this code of ordinances.
2. Where utility companies are involved in providing these services, a letter shall be submitted from each company along with the site plan required in this chapter.
(h) Hours of operation. The Planning and Zoning Commission may establish hours of operation in order to eliminate excess noise, lighting or other nuisances.
(i) Dumping or disposal. The use of land for the dumping or disposal of scrap iron, junk, rubbish or other refuse, or of ashes or other industrial waste or byproduct, shall be prohibited in every zoning district unless otherwise provided in this title.
(1974 Code, § 18-4-9) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. passed 3-25-2008; Ord. 11-004, passed 10-11-2011)
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