(A) Intent.
(1) The C-1 District is intended to preserve and protect neighborhood commercial areas located in close proximity of residential areas and to provide retailing of convenience goods and services to meet the frequent needs of the neighborhood.
(2) The C-2 District is intended to provide space for general retail and office uses, and efficient development of major retail shopping areas to serve the needs of the community and regional area.
(3) The C-M District is intended to provide for general and outdoor retailing uses and light manufacturing and storage associated with commercial uses.
(B) General regulations.
(1) In the C-1 and C-2 Districts, all uses shall be within enclosed buildings except for drive-thru windows and other outdoor uses where specifically permitted by this chapter.
(2) In the C-1 and C-2 Districts, outdoor display and storage are prohibited except where specifically permitted by this chapter.
(3) In the C-1, C-2, and C-M Districts, overhead doors and loading and service bays shall be screened from public street view by opaque fences or walls, six feet in height.
(4) In the C-1, C-2, and C-M Districts, the yards required adjacent to public streets shall be entirely landscaped except for necessary driveways and walkways; parking and maneuvering areas shall be located beyond those required landscaped yards.
(5) In the C-M District, outdoor storage shall be screened from public street view and adjacent properties by opaque fences or walls, six feet in height.
(7) Any use which is objectionable by reason of emission of odor, dust, smoke, gas, vibration, or noise, or may impose hazard to health or property, shall be prohibited.
(C) Permitted uses.
(1) Any use permitted in the R-2, R-3, and R-4 Districts.
(2) The following neighborhood retail businesses and service establishments shall be permitted in enclosed buildings in the C-1, C-2, and C-M Districts:
(a) Bakery;
(b) Barber and/or beauty shop;
(c) Bicycle sales and repair;
(d) Bookstore, except adult bookstore (see § 154.003);
(e) Café and/or cafeteria under 5,000 square feet in area and excluding live entertainment;
(f) Day care center;
(g) Delicatessen;
(h) Drugstore;
(i) Florist;
(j) Fruit and fruit juice store;
(k) Grocery store;
(l) Hardware store;
(m) Health food store;
(n) Medical and dental offices;
(o) Self-service laundry;
(p) Radio and television sales and repair;
(r) Stationery store;
(s) Shoe sales and repair; and
(t) Sporting goods store.
(3) The following general retail business and service establishments shall be permitted in enclosed buildings in the C-2 and C-M Districts:
(a) Art shop and artist supplies, addressograph shop, athletic club, awning sales and repair, air conditioning and ventilating equipment, sales and repair;
(b) Blueprinting or photostating, bowling alley, banks;
(c) Carbonated water sales, costume rentals;
(d) Department store, diaper service, drapery and curtain store, dressmaking, dry goods store, dance halls;
(e) Electrical and heating appliances and fixtures, sales and repairs, employment agency, embroidery store;
(f) Fountain equipment supply, frozen food lockers, fix-it shop, film exchange, furniture sales and repairs, flooring or floor repair, funeral homes;
(g) Gift shop, greenhouse, gunsmith, gymnasium, garage;
(h) Hobby shop, hemstitching shop, house equipment display, hospital supplies, hotels;
(i) Jewelry store;
(j) Kindergarten, key and lock service;
(k) Laundry, linen shop;
(l) Millinery, medical clinics, manufacture of goods to be sold at retail on the premises, providing that such manufacture is plainly incidental to and operated in connection with a use permitted in this district;
(m) Novelty store, night club;
(n) Office supply store, offices;
(o) Painter or paint store, plumbing shop, paper hanger or wallpaper store, pet store, pawn shop, pool hall, penny arcade, public utility facilities and office, private schools;
(p) Roller skating rink;
(q) Second-hand store, sewing machine shop, seed and feed store, sign painting shop;
(r) Towel and linen supply, trade school, typewriter and adding machine repair, tire shop, theater (except adult theater, see § 154.003), tailor shops;
(s) Upholstery shop;
(t) Variety store, video supply store, video game facility, veterinary offices, excluding animal hospitals, clinics, and kennels; and
(u) Wholesale business, window washing service.
(4) The following outdoor general retail business and service establishments shall be permitted in the C-2 and C-M Districts:
(a) Automobile service stations, including minor repairs and lubricating, automobile car wash service;
(b) Building materials retailing;
(c) Drive-in and drive-thru restaurants;
(d) Fruit and vegetable outdoor sales;
(e) Insulation sales;
(f) Monument sales;
(g) Plant nursery, parking lots; and
(h) Recreation areas and facilities.
(5) The following commercial manufacturing and storage establishments shall be permitted in the C-M District:
(a) Bus terminals;
(b) Cleaning and dyeing plant, carpet and rug cleaning;
(c) Dispatch yard;
(d) Express office;
(e) Printing, publishing, or lithographing, pest extermination;
(f) Wholesale activities and warehousing;
(g) Assembly of products from previously prepared materials; and
(h) Commercial trade schools and business colleges.
(D) Permitted accessory uses.
(1) Uses of land or structure customarily incidental and subordinate to one of the principal uses, unless otherwise excluded;
(3) Off-street parking and loading areas.
(E) Conditional uses.
(1) Conditional uses permitted in and as limited in the R-2, R-3, and R-4 Districts, subject to obtaining a conditional use permit in accordance with § 154.019, except that mobile homes as a permanent structure for commercial use shall not be permitted.
(2) The following uses shall be permitted in enclosed buildings as conditional uses, in C-1 Districts, subject to obtaining a conditional use permit in accordance with § 154.019:
(a) Bank;
(b) General business offices;
(c) Medical clinic;
(d) Veterinarian offices, excluding animal hospitals, clinics, or kennels;
(e) Publicly owned museums, libraries, community centers, governmental offices;
(f) Institutions of a religious, educational, or philanthropic nature;
(g) Private clubs, lodges, or veterans organizations;
(h) Permanent residence;
(i) One mobile home for temporary use, not to exceed 12 months, while a permanent structure is being completed; and
(j) Liquor store, bar, beer tavern, and any other businesses engaged in selling liquor, beer, and wine
(3) The following uses in enclosed buildings shall be permitted as conditional uses in the C-2 and C-M Districts in accord with § 154.019 except those uses set forth in division (E)(3)(f) below. The uses in division (E)(3)(f) below shall be allowed without complying with the conditional use permit requirements of § 154.019. The uses set forth in § 154.019 will be subject to all other restrictions and conditions set forth in division (E)(3)(f) below:
(a) Hospitals and related uses, including animal clinics and hospitals;
(b) Permanent residence;
(c) One mobile home for temporary use, not to exceed 12 months, while a permanent structure is being completed;
(d) Liquor store, bar, beer tavern, and any other businesses engaged in selling liquor, beer, and wine;
(e) Major automotive repair, painting, upholstering, and body and fender work; and
(f) Adult bookstore, adult live entertainment, and adult theater (as originally defined by Ord. 55) and similar such uses, subject to the following conditions or limitations.
1. None of the above listed uses may be located within 1,000 feet of any use in the same category or of the uses listed above.
2. None of the above listed uses may be located within 500 feet of a preschool, kindergarten, elementary or secondary school, or any residential use districts, unless a petition requesting a waiver of this requirement signed by 51% of those adults who have resided for no less than 90 days within 500 feet of the boundary of the lot or parcel upon which the use is proposed to be located is received and verified by the Zoning Administration in which the Town Council may waive this requirement. The Zoning Administration, Town Manager, or any board shall not have jurisdiction to vary this provision.
3. Waiver by Town Council shall be based on the following findings:
a. The proposed use will not be contrary to the public interest, injurious to the adjacent or nearby properties, nor contrary to policies contained in the town comprehensive plan;
b. The proposed use will not alter the character of the immediate area such that it would contribute to a decline in economic vitality, public safety, or residential property values; and
c. The location of the proposed use in the area will not be contrary to any program of neighborhood conservation or redevelopment.
4. If a waiver is granted by Town Council, then a use permit shall be obtained prior to commencing the use.
5. The requirement for signatures of residents who live within 500 feet of the boundary of the lot or parcel shall apply whether or not the residents are located within the corporate limits of the town.
6. The Zoning Administration shall prescribe the form of petition. The petition shall contain such in formation as will enable the Zoning Administration to determine whether requirements of this chapter have been met. The nature of the proposed use shall be described prominently at the top of each page of the petition.
7. These provisions shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law.
(4) The following outdoor uses shall be permitted as conditional uses in the C-2 and C-M Districts in accordance with § 154.019: automobile, truck, mobile home, trailers, and recreational vehicle rentals and sales lots, new and used.
(5) The following uses in enclosed buildings shall be permitted as conditional uses in the C-M Districts in accordance with § 154.019:
(a) Amusement parks;
(b) Boat building;
(c) Bottling works;
(d) Bookbinding;
(e) Carpenter and/or cabinet shop;
(f) Contractors equipment storage yard or rental of equipment commonly used by contractors;
(g) Electrical sign shop;
(h) Firewood or lumber storage and sales;
(i) Foundry casting light-weight, nonferrous metal not-causing noxious odors or fumes;
(j) Knitting mills;
(k) Machine shop;
(l) Meat products, packing, smoking, and curing providing no objectionable fumes are emitted;
(m) Monument works;
(n) Radio and television transmitting towers and facilities;
(o) Scientific or research laboratories;
(p) Television set assembling;
(q) Trucking dispatch, terminal, transfer company;
(r) Weaving mills;
(s) Welding shop; and
(t) The manufacturing, compounding, processing, packaging, assembly, or treatment of any non-toxic, non-flammable, and non-hazardous materials or substances.
(6) The following uses in enclosed buildings shall be permitted as a conditional use only, in the C-2 Districts in accordance with this section:
(a) Medical marijuana dispensary owned and operated as a non-profit entity; or
(b) Medical marijuana cultivation or infusion facility owned and operated as a non-profit entity.
(F) Area, height, setback regulations. The following requirements shall be observed.
Zoning District | Minimum Yard Setbacks | Max-Height | |||
Front | Side | Street Side | Rear | ||
C-1 | 25’ | 12’ | 15’ | 15’ | 30’ |
C-2 | 20’ | 12’ | 15’ | 15’ | 30’ |
C-Mix | 30’ | 20’ | 30’ | 30’ | 40’ |
The minimum provisions listed above shall not apply to any lot of smaller size already of record in the office of the County Recorder of Maricopa County, Arizona, before the effective date of this chapter. | |||||
(H) Required site plan. All uses in these districts shall be subject to the site plan review as designated in § 154.035.
(I) Performance standards.
(1) No use shall be established, maintained, or conducted in any commercial district which may cause any of the following:
(a) Dissemination of smoke, gas, dust, odor, or any other atmosphere pollutant outside the building in which the use is conducted or with respect to a use or any part thereof that is not conducted within a completely enclosed building, any dissemination whatsoever;
(b) Noise perceptible beyond the boundaries of the immediate site;
(c) Discharge of any waste material into any watercourse or ditch;
(d) Dissemination of glare or vibration beyond the immediate site of the use; and
(e) Traffic hazards or by reason of fire, explosion, radioactive, or similar cause to property on the same or any adjacent district.
(2) All principal buildings and all accessory buildings or structures, including loading and unloading facilities, shall be located at least 100 feet from any “R” District boundary.
(3) The Town Council may, as a condition for securing necessary permits for building and occupancy, require all operations, including the storage of anything except merchandise displayed for sale, to be conducted in a fully enclosed building or entirely behind walls or fences and for planting screens which fully conceal them from visibility off the lot.
(4) No merchandise shall be displayed for sale or rent in any required yard abutting a public street.
(Ord. 89-06, passed 8-10-1989; Ord. 2002-06, passed 4-25-2002; Ord. 2005-01, passed 4-28-2005; Ord. 2017-02, passed 3-23-2017)