§ 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)