A. Automobile Related.
1. Automotive Diagnostic and/or Service Establishments, including those that perform automotive repairs, engine and transmission overhaul, lubrication; tire repair and/or replacement and wheel balancing and alignment; muffler repair or replacement; brake service, repair or replacement; shall be subject to the following additional requirements:
a. No outdoor displays or storage shall be permitted, except for merchandise normally sold from the premises that is displayed during normal business hours. No temporary parking of vehicles waiting for repair shall be permitted except in the garage or in C-4, C-5, PI-1, I-1, and I-2 zoning districts. The parking area shall be fully screened from public view.
b. All activities shall be performed entirely within an enclosed building. High-speed washing, body repair, machining of auto parts, painting, vehicle or trailer rental shall be expressly prohibited.
c. Paved areas shall be reduced to the smallest area commensurate with efficient operation and function of the site. All unpaved areas shall be maintained in landscaping. All exterior design shall be compatible with surrounding developments.
2. Autobody Repair and Painting, Tire Sales, Repair and Mounting, and Auto Sound System Installation, Auto Window Tinting, Auto Glass Repair and similar uses shall have no outdoor displays other than merchandise normally sold from the premises that is displayed during normal business hours. No outdoor storage shall be permitted.
3. Auto Sound System Installation, Auto Window Tinting, Auto Glass Repair and similar uses shall be conducted within enclosed buildings.
4. Automobile Rental Facility, excluding moving truck, trailer and equipment rental, shall be subject to all of the following additional requirements:
a. No more than six (6) vehicles shall be stored on site in association with the office location.
b. The facility shall be located within a developed commercial center or building.
c. Automobile storage shall be limited to hard surfaced areas.
d. The automobile storage area shall not occupy required parking spaces or access lanes.
5. Gas Service Stations shall be subject to all of the following additional requirements:
a. Minimum frontage of one hundred-eighty (180) feet on one arterial street is required.
b. No part of any canopy, fuel dispenser, or fuel storage tank shall be within 200 feet of any single-family residentially zoned lot, not including common area tracts.
c. A minimum of 500 feet of separation is required between gas service stations located on the same side of the street. Gas Service Stations separated by arterial streets are not subject to this requirement.
d. All of the following development standards shall apply:
1) All fuel pump mechanism and any accessory equipment dispensing fuel shall be covered by canopies.
2) Under canopy mounted lights shall be flush with the underside of the canopy.
3) Fuel tanks larger than 1,000 gallons must be located underground. Above ground tanks shall be screened from street view, shall not exceed 6-feet in height, and shall be setback at least 25-feet from any public street.
B. Eating & Drinking Establishments.
1. Mobile Food/Merchandise Unit and all accessary equipment ("use") shall be subject to the following additional requirements:
a. Location.
1) The vendor shall obtain written permission from the property owner or an authorized agent.
2) The use shall not be located within 250 feet of a single-family residentially zoned lot, not including common area tracts.
3) The use shall not cause the site to fall below minimum required parking for the site.
4) The use shall be located on a dustproof surface.
5) The use shall not obstruct pedestrian or vehicle circulation, or be located within drive aisles, fire lanes, loading zones, or any location that may cause hazardous conditions, or constitute a threat to the public health, safety and welfare.
6) The site shall be restored to its previous condition after each use. Permanent alterations to the site are prohibited.
b. Operation.
1) The use shall not be present at the site or center for a period exceeding eight (8) consecutive hours within a 24-hour period. This period includes for set-up, operation and takedown.
2) Unless a Temporary Use Permit has been issued pursuant to Section 21-322, the operation shall not occur between the hours of 10:00 pm and 7:00 am, unless the mobile food unit is acting as an auxiliary kitchen for an existing bar, tavern, or restaurant, in which case the use shall be limited to the hours of operation for that primary business.
3) Mobile restrooms are prohibited.
4) The site shall be properly lit, provided that any temporary lighting be directed downward and shielded in a manner that the illumination source is not be visible from any adjacent property.
2. Restaurants with Drive-Through:
a. All drive-through lanes, menu boards, speaker box, and other related elements shall be located at least 50 feet from any residentially zoned property or use. Speakers at a drive-through shall not be audible from residentially zoned property. Sound shall be mitigated through the use of sound attenuation walls, landscaping, or other measures.
b. The drive-through lane shall be separated from parking areas and driving lanes by a minimum 5-foot wide landscaping island or other alternative as approved by the Planning Manager.
c. Drive-through canopies and other appurtenances shall be architecturally compatible with the principal building.
d. Through the Conditional Use Permit (CUP) process, the conditions considered for imposition by the Planning and Zoning Commission may include, but are not limited to, a restriction on operating hours, additional screening, relocation of the drive-through, modification of the minimum drive-through stacking requirements, noise and visual mitigation, and other measures appropriate to the relevant circumstances.
3. Outdoor Dining and Seating Areas:
a. No Conditional Use Permit is required when the exterior wall or area of the patio or seating area is located at least two-hundred (200) feet from the nearest residentially-zoned lot, not including common area tracts
b. Such areas shall be located adjacent to the restaurant or establishment to which it is an accessory use.
c. The use shall not interfere with pedestrian access, fire lanes, driveways, or traffic visibility at driveways or street intersections.
d. Through the Conditional Use Permit (CUP) process, the conditions considered for imposition by the Planning and Zoning Commission may include, but is not limited to, a restriction on operating hours, additional screening, re-location of the outdoor dining and seating area, noise and visual mitigation and other measures appropriate to the relevant circumstances.
4. Tavern, Bar, or Lounge:
a. The exterior building wall shall not be located within one-thousand (1,000) feet of the property lines of a state designated Local Alcohol Reception Center.
b. The exterior building walls of the use shall be located at least two-hundred (200) feet from a residentially zoned property.
c. Through the Conditional Use Permit (CUP) process, the conditions considered for imposition by the Planning and Zoning Commission may include, but are not limited to, a restriction on operating hours, additional screening, relocation of any outdoor patio areas, live entertainment standards, noise and visual mitigation, and other measures appropriate to the relevant circumstances.
C. Entertainment & Recreation.
1. Adult Uses, which are subject to the provisions of Special Conditional Use Permits section of this Ordinance shall be subject to all of the following additional requirements:
In the development and execution of this Section, the City recognizes that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. Adult Uses subject to these regulations and development standards are as follows:
Adult Arcade
Adult Bookstore, Adult Retail Store or Adult Video Store
Adult Cabaret
Adult Motel
Adult Motion Picture Theater
Adult Theater
Nude Model Studio
Sexual Encounter Center
Any combination of classifications listed above.
a. Any person who intends to establish any of the Adult Uses shall submit an application in the same manner as all other Conditional Uses.
b. For purposes of this Section, the maintenance of two or more Adult Uses in a single building that are not at least 51% owned by the same entity shall be treated as two separate Adult Uses for purposes of applying the locational provisions of this Section.
c. An Adult Use shall meet the locational criteria prescribed in this Section. The Board of Adjustment shall not have the jurisdiction to grant variances from these locational criteria. For the purpose of measuring separation distances required in this Section, the measurements shall be taken in a straight line from the closest exterior building walls of an Adult Use to the affected structures, property line or district boundary line, as the context indicates, without regard to intervening structures, objects, or jurisdictional boundaries.
d. The exterior building wall of Adult Use shall not be located within one thousand (1,000) feet of the exterior property lines of any one or more of the following uses:
1) Preschool, kindergarten, elementary, or secondary school.
2) Public library, service club, neighborhood or community public park, or publicly owned and operated swimming or aquatics facility.
3) A state designated Local Alcohol Reception Center.
4) A community residential facility or release facility.
5) Tavern, bar, lounge or an establishment that sells beer or intoxicating liquor for consumption on the premises.
6) Vacant land acquired and owned by the state or a political subdivision for one of the purposes identified in (1) to (5) of this Subsection.
e. The exterior building wall of an Adult Use shall not be located within five hundred (500) feet of an existing residential district boundary line. A residential district for the purposes of this Section shall include the following zoning districts: AG, SR-43, SR-35, R1-43, R1-35, R1-18, R1-12, R1-10, R1-8, R1-7, R1-6, RM-1, RMH-1, RMH-2, or residentially designated property within a P.A.D., P.U.D. or P.C. zoning district.
f. An Adult Use shall not be located within one thousand (1,000) feet of any other Adult Use, measured from exterior building wall to exterior building wall.
g. An Adult Use lawfully operating is not rendered in violation of these provisions by the subsequent location of a preschool, kindergarten, elementary, or secondary school, public library, service club, neighborhood or community public park publicly owned and operated swimming or aquatics facility; community residential facility or release facility. An Adult Use lawfully operating is not rendered in violation of these provisions by the subsequent rezoning of land to a residential zoning district.
h. For the purposes of calculating the locational requirements in this Section, the distance shall be measured from the exterior surface of the walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted to a point which is the required distance apart, in a straight line, not taking into account any buildings, natural or artificial obstructions or structures including the rights-of-way of any public or private roadway or easements.
i. For the purposes of calculating the locational requirements in this Section, the distance measured shall include those areas of unincorporated Maricopa County that are entirely surrounded by the City of Peoria or the City of Peoria and some other incorporated City. The locational requirements in this Section shall also apply to the itemized list of sensitive uses regardless of whether their distance from a proposed Adult Use places them within a county island of unincorporated Maricopa County, unincorporated Maricopa County or an adjacent incorporated City.
j. Prior to the granting of a Special Conditional Use permit for any Adult Use, the Planning and Zoning Commission may impose only those conditions or limitation upon the establishment, location, construction, maintenance or operation of the Adult Use specifically authorized under Section 21-321 and this Section.
k. No person may resubmit an application for an Adult Use which City has been denied in whole or in part for a period of one (1) year from the date of the denial.
l. An applicant may appeal a denial of a Special Conditional Use permit by the City Council in accordance with A.R.S. § 12-7.6.
2. Health and Exercise Center shall be subject to the following conditions:
a. The total building floor area shall not exceed 5,000 square feet in the O-1, C-1, PC-1, and PC-2 Districts.
b. Hours of operation in the O-1, C-1, PC-1, and PC-2 shall be limited to 5:00 a.m. to 7:00 p.m.
3. Recreation, Social Clubs and similar establishments shall have vehicular access to the site only from arterial or collector streets.
4. Wedding Reception Centers shall be subject to both of the following additional requirements:
a. Maximum building height shall be thirty (30) feet or two (2) stories, whichever is greater.
b. Outdoor events between the hours of 10:00 p.m. and 7:00 a.m. shall require a temporary use permit.
D. General Industrial & Manufacturing.
1. All Boat and RV Storage, as well as Self-Storage, Indoor and Drive-Up uses:
a. Applicability: These use-specific standards herein shall be applicable to facilities in all zoning districts including in Planned Area Development (PAD) and Planned Community Development (PCD) districts where the approved land use table refers to a City underlying Non-Residential Zoning District.
b. Maximum Acreage: Self-Storage, Indoor and Drive-Up facilities are limited to a maximum five (5) gross acres in size.
c. Location Siting Requirements:
1) Vehicular access shall only be from a street classified on the City's General Plan Circulation Map as an arterial or collector. No access is permitted onto streets classified as local, or Limited Access Parkway and above.
2) Minimum separation distance from another Boat and RV Storage or Self-Storage facility is one (1) mile as measured from the site property line.
3) Minimum distance from an Arterial/Arterial intersection is six hundred sixty (660) feet as measured from the center of the radius of the intersection curb return.
d. Development Standards and Design Requirements: The following development standards and requirements are in addition to the underlying zoning district requirements only for those standards noted below.
1) When the facility is abutting a residentially-zoned lot, windows fronting onto the residential area shall be clerestory (or faux windows).
2) Doors of the storage areas shall not front on, or be visible from, any public street.
e. Operational Requirements:
1) All Self-Storage uses must be conducted entirely within the facility, with no outside storage or display allowed regardless of screening.
2) Conducting sales or operating a business from the storage area or unit is prohibited.
3) Residing within an RV or Self-Storage unit is prohibited; however, a single caretaker residence for the facility is allowed as an accessory use.
4) Vehicle maintenance is prohibited on site.
5) A detailed operations plan shall be provided which outlines:
i. Operational Hours;
ii. Security;
iii. Lighting;
iv. Odor mitigation from any dumping stations;
v. General clean-up of the site; and
vi. Procedures on addressing improper behavior, dumping of trash, and other nuisance concerns.
2. Recycling Collection Facility and similar establishments shall not be engaged in any processing or compounding to reform materials into a useable state. The Planning and Zoning Commission may require screening, landscaping, and the restriction of use/materials to enclosed structures.
3. Research Laboratories whose principal function is basic research, design and pilot or experimental product development shall have all activities conducted within a completely enclosed building.
4. Moving Truck, Trailer, and Equipment Rental shall be subject to the following additional requirements:
a. In the C-2 and PC-2 Zoning Districts, Moving Truck, Trailer, and Equipment Rental shall be allowed as an Accessory Use to Mini-Storage Warehouses-, RV, Boat, and Trailer Storage indoor, and/or screened only, Hardware and Home Improvement Store, and Hardware and Home Improvement Store with outdoor storage and/or garden center.
1) No more than six (6) vehicles shall be stored on site in association with the Moving Truck, Trailer, and Equipment Use.
2) Outdoor storage of vehicles and equipment associated with the Moving Truck, Trailer, and Equipment rental shall be fully screened from public view or located a minimum of 200 feet from the right of way.
3) Outdoor storage of vehicles and equipment associated with the Moving Truck, Trailer, and Equipment rental shall not occupy required parking spaces or access lanes.
4) Moving trucks, trailers, and equipment shall be stored in a designated area of the site. For multi-tenant sites, or sites with multiple uses, the designated area shall be proximate to the associated principal use.
5) No fueling shall occur on-site in conjunction with this use.
6) Moving trucks and trailers which require a Commercial Drivers License for their operation shall be prohibited.
7) A Site Plan application (or Site Plan Amendment application for sites with a previously approved Site Plan) shall be required.
E. General Retail.
1. Donation Centers shall be subject to the following conditions:
a. Donation drop off shall be limited to business hours only.
b. Drop off location shall be at the rear of the building and shall be fully screened from view.
c. No drop off items shall be stored outside the screened area.
2. Pet Shops, including commonly associated accessory uses such as grooming, veterinary care, training, pet day camp services and the boarding of household pets, shall be subject to the following conditions:
a. Veterinarian and grooming services shall be restricted to the care and treatment of small animals during regular business hours.
b. The commercial breeding of animals shall be prohibited.
c. All activities shall be completely contained within enclosed buildings; the building shall be designed and constructed to achieve a Sound Transmission Control Value of 50 or greater.
d. All refuse shall be stored within a completely enclosed building.
e. Outdoor runs or exercise pens shall be prohibited.
f. Overnight boarding services for household pets may be operated as an accessory use, provided no more than twenty-five percent (25%) of the total square footage of the establishment may be used as sleeping quarters for the boarded pets; and the area shall be constructed, maintained or operated so that the smell of the boarded animals does not create a nuisance off- site.
3. Indoor retail sales of new and used merchandise excluding sale of automobiles, boats, RVs, and motorcycles as an Accessory Use within the BPI Zoning District shall be no greater than 20% of the overall gross floor area (G.F.A.) of the establishment and shall not exceed 1,000 square feet in area.
4. Permissible consumer Fireworks Sales shall be subject to the following conditions:
a. Signage shall be displayed at the point-of-sale in accordance with Peoria City Code Section 9-421-50.
b. Sales may only occur in buildings classified with a mercantile building occupancy code.
F. Institutional Uses.
1. Day Care Centers or Pre-school Centers shall be permitted in accordance with State Department of Health Care Services regulations.
2. Group Care Facility or Community Residential Setting Facility in accordance with Section 21-812.C.
3. Non-profit Social Services shall be permitted provided that their primary activities are administrative and clerical rather than residential in nature.
4. Nursing or Convalescent Home, Long Term Care Facility and Hospices shall have all vehicular access from an abutting arterial or non-residential collector street. The site shall contain a net land area of at least one thousand (1,000) square feet per dwelling unit.
5. Public utility buildings, water pumping plants and storage tanks and electric substations wherein service to district residents requires location within the district shall have no repair or storage facilities.
6. Religious institutions, similar places of worship and related facilities shall have vehicular access reviewed and approved by the City Engineer.
7. Public/charter schools, private schools, colleges, universities or instructional, business, technical or vocational schools shall have direct vehicular access to an arterial or collector street.
G. Large-Scale Retail (LSR). Large-scale retail must adhere to all requirements of this Section in addition to all other applicable requirements of this Ordinance. In the event of conflicting requirements, the more restrictive shall govern.
1. Definitions.
a. Large-Scale Retail (LSR) means the following:
1) Single Establishment. Any retail establishment accommodating one-hundred thousand (100,000) square feet (G.F.A.) or more for either a single tenant or for multiple tenants sharing a common building entrance and common interior space; and/or
2) Site. A site containing multiple retail establishments with more than five-hundred thousand (500,000) square feet (G.F.A.) of interior space in the aggregate.
b. Site means that area as shown on the site plan for which the Conditional Use Permit is issued, inclusive of all amendments.
c. Vacancy means ceasing of the type and/or level of use as established in the Conditional Use Permit. Said vacancy shall apply to the principal LSR establishment, and/or any portion thereof, and/or accessory facilities or operations.
2. Applicability of Provisions.
a. Provisions of this ordinance shall apply to 1) any single LSR establishment, as defined above, and 2) the entire site on which any LSR meeting the criteria set forth above for "Single Establishment" LSR or "Site" in the LSR definition.
b. Except as provided above, in Subsection 2.a., provisions herein do not apply to the following buildings, so long as said buildings are not accessory to a Single Establishment LSR, as defined above: individual pad buildings, shop buildings, or similar commercial establishments.
3. Location. Large-Scale Retail development is permitted only with a Conditional Use Permit in only those areas with a Land Use designation of Community Commercial (CC) or Regional Commercial (RC) in the General Plan.
4. Vacancy. During any period of vacancy, the property owner must maintain the property in a safe, sanitary, and aesthetically pleasing condition.
a. All landscaping must be maintained professionally.
b. The site must remain externally lit in the same manner as when the facility was fully operational, to maintain the premises in a safe condition and to avoid the appearance of neglect.
c. All architectural elements, including but not limited to building exteriors, roofs, signs, walkways, accessory structures, monuments, etc., must be maintained in good repair and functional condition as when the facility was fully operational.
d. Within thirty (30) days of vacating a facility, all signage for said facility must be removed from the building(s) and premises. Any walls or areas behind signs must be repainted; or, in the case of internally lit monument signs, a blank panel must be used as a temporary sign replacement.
H. Intense Retail.
1. Commercial Service Establishment combining retail, office, showroom with workshop, such as interior decorator, custom dressmaking or tailor, photographer, minor household appliance repair and similar activities shall be subject to the following conditions:
a. Maximum size of building shall not exceed 15,000 thousand square feet. No more than fifty percent (50%) of the usable floor area shall be used for workshop activities.
2. Outdoor Display and Sales Area shall be subject to all the following requirements:
a. No merchandise shall be located beyond eight (8) feet from the principal building of the business.
b. A four (4) foot unobstructed walkway containing at least seven (7) feet of vertical clearance shall be maintained at all times.
c. Outdoor Display shall not be located in or interfere with any landscaped area, setback area, required yard, required parking space, parking aisle, easement or drainage facility.
d. Outdoor Display shall be limited to products and services sold or provided inside the principal building.
e. Outdoor Display shall be limited to an area equal to 10% of the gross floor area of the principal building.
f. The setback of an outdoor display area from any residentially-zoned property shall be twenty five (25) feet. Such setback shall include a six (6) feet block wall at the property line separating the commercial and residential use districts.
g. All merchandise and equipment used in an outdoor display shall be removed and stored inside the principal building at the close of business.
h. Outdoor Display in the Old Town Mixed Use Districts (OTMU) shall be subject to the following additional conditions:
1) Outdoor Display may be conducted on a public sidewalk where the principal building of the use is located immediately adjacent to the public sidewalk, subject to the liability and insurance requirements of the City Engineer.
2) Evidence of insurance shall be submitted and approved by the City Engineer prior to placement of any merchandise or materials in the public right-of-way.
3) No merchandise shall be located beyond three (3) feet from the principal building of the business.
i. Swimming Pool and Spa Sales with outdoor swimming pool display shall be subject to the following conditions:
1) All outdoor swimming pool and spa models shall be displayed on a horizontal position.
2) No models displayed outdoor shall be located in the required setback or landscaped areas.
3) All sales services shall be conducted in the principal building.
4) Outdoor storage and display of equipment and pool supplies are prohibited.
3. Retail Sales of Lumber and Building Materials shall have no outdoor storage, repair, processing or manufacturing activities.
I. Lodging.
1. Bed and Breakfast Inns shall be subject to all the following additional requirements:
a. Maximum building height shall be thirty (30) feet or two (2) stories, whichever is greater.
b. Paved areas shall be reduced to the smallest area commensurate with efficient operation and function of the site. All unpaved areas shall be maintained in lawns or landscaping.
c. Short-term lodging for the purposes of a Bed and Breakfast Inn shall be for a period not exceeding fourteen (14) consecutive days.
d. Meals shall be restricted to registered guests.
2. Hotels and Motels shall be subject to all of the following additional requirements:
a. All direct vehicular access shall be from an abutting arterial or collector street.
b. Paved areas shall be reduced to the smallest area commensurate with the efficient operation and function of the site.
J. Medical.
1. Emergency Medical Care Facilities shall have all direct vehicular access from an abutting arterial street. The site shall contain a net land area totaling at least four (4) acres for the first one hundred beds or less, plus one additional acre for each additional twenty-five beds.
2. Veterinary Hospitals shall have no outdoor runs, pens or enclosures. Veterinary Hospitals shall not be located closer than one hundred (100) feet to any street, residential district or existing restaurant, hotel or motel.
3. Veterinary Offices and Clinics (excluding animal boarding) shall be subject to all of the following additional requirements:
a. Clinic activities shall be restricted to the medical care and treatment of small animals during regular office hours. The confinement of such animals on the premises shall be limited to essential and occasional overnight care.
b. The boarding and breeding of animals shall be prohibited.
c. Clinic activities shall be completely contained within enclosed buildings; the building or suite containing the clinic shall be designed and constructed to achieve a Sound Transmission Control Value of 50 or greater.
d. All refuse shall be stored within a completely enclosed building.
e. Outdoor runs or exercise pens shall be prohibited.
K. Personal Services.
1. Body Piercing Studios, Tattoo Studios, Retail Liquor Stores, Plasma Center, Non Chartered Financial Institutions, and Pawnshops shall be subject to all of the following additional requirements:
a. All vehicular access shall be from arterial streets.
b. The uses shall not be located on a lot with a property line within one thousand (1,000) feet measured in a straight line in any direction of the lot line of a Body Piercing Studio, Non Chartered Financial Institution, Pawnshop, Retail Liquor Store, Plasma Center and Tattoo Studio, Adult Use, Correctional Facility or State Local Alcohol Reception Center.
c. For purposes of calculating the locational requirements of this Subsection, the distance shall include those areas of Maricopa County surrounded by the City of Peoria and some other city on three or more sides. The locational requirements shall also apply to the uses regardless of whether their distance from such other use includes area within Maricopa County or some other incorporated city and regardless of whether the other use is located in Maricopa County of some other incorporated city.
2. Pet Grooming Shop.
a. The building or suite containing the pet grooming shop shall be designed and constructed to achieve a Sound Transmission Control Value of 50 or greater.
3. Boarding and Training Kennels. In the C-2 Zoning District, the following limitations shall apply:
a. Boarding shall be limited to household pets.
b. The commercial breeding of animals shall be prohibited.
c. The hours of operation for outdoor areas shall be limited to between the hours of 6:00 a.m. and 7:00 p.m.
d. All indoor facilities shall be completely enclosed and buildings shall be designed and constructed to achieve a Sound Transmission Control Value of 50 or greater.
e. All refuse shall be stored within an airtight container, or within a completely enclosed building.
f. Facilities shall be constructed, maintained, and operated so that the smell of boarded animals does not create a nuisance off-site.
g. A Boarding Facility Management Plan shall be provided with the Conditional Use Permit Application indicating the specific operational plans for the facility, including management of noise and odor on the site.
4. Massage Establishment.
a. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.
L. Transportation.
1. School bus parking and maintenance facilities shall provide primary access from an arterial or collector street. Parking areas for school buses shall be screened from adjacent streets or property lines by an eight-foot high solid wall.
M. Qualifying Marijuana Dispensaries and Marijuana Manufacturing or Cultivation, and Testing Facilities.
1. General Requirements.
a. For the purposes of measuring separation distances, the measurements will be taken in a straight line from the exterior wall of the building, suite, or premises housing the use without regard to intervening buildings or political boundaries.
b. Marijuana remnants or by-products shall be disposed of according to an approved plan and not placed within the facility's exterior refuse containers.
c. There shall be no inordinate emission of dust, fumes, vapors or odors into the environment from the premises.
d. Signage for Qualifying Marijuana Dispensaries and/or Marijuana Manufacturing, Cultivation, and Testing facilities shall be limited to the name of the business only, and no advertising of the goods and/or services shall be permitted.
e. Qualifying Marijuana Dispensaries and/or Manufacturing, Cultivation, and Testing Facilities shall be located in a permanent building on an established foundation adhering to Peoria building codes and shall not include any temporary, portable, or self-powered mobile facilities.
f. An active Security Management Plan shall be approved by the Police Department. The Plan shall include, but is not limited to, the following:
1) Security cameras shall be installed and maintained in good condition, and used in an on- going manner. Recordings shall be retained for a minimum of 60 days and comply with any additional standards defined by the Security Management Plan.
2) The business space shall be alarmed with an alarm system that is operated and maintained by a recognized security company.
3) A security guard shall be provided at the main entrance during all hours of operation. For the purposes of this Section, "security guard" shall mean licensed and duly bonded security personnel registered pursuant to A.R.S. § 32-601.
4) Before commencing marijuana delivery operations, a qualifying marijuana dispensary shall obtain approval of a new or updated security management plan from the Police Department addressing its marijuana delivery procedures.
g. For the purposes of this section, qualifying zoning districts for Qualifying Marijuana Dispensaries, Manufacturing, Cultivation, and Testing Facilities does not include Planned Area Development (PAD) or Planned Community District (PCD) that points to or references such standard zoning districts identified herein.
h. The operation of a licensed Marijuana Establishment for retail sales is prohibited in the City except as a Dual Licensee, pursuant to Section 11-75 of the City Code (1992).
2. Qualifying Marijuana Dispensaries.
a. Operations for the dispensing of Medical Marijuana, and related supplies, to qualified patients and the sale of non-medicinal Marijuana and Marijuana Products shall be conducted cooperatively in a shared location.
b. Vehicular access into the center or site containing the dispensary shall be from an arterial roadway as identified on the Peoria General Plan.
c. The use shall not be located within 2,640 feet of another Qualifying Marijuana Dispensary or Marijuana Manufacturing, Cultivation, and Testing Facility.
d. The use shall not be located within 1,000 feet of the property line of Day-Care Facilities, Pre-Schools, Public/Charter or Private Schools.
e. The use shall not be located within 1,000 feet of a Retail Liquor Store; Tavern, Bar or Lounge; Adult Use; Substance Abuse Treatment Centers; or State Local Alcohol Reception Center.
f. The use shall not be located within 500 feet of the property line of a residentially-zoned property.
g. The product offered for retail sales shall be inaccessible to the public entering the Qualifying Marijuana Dispensary. All product provided for retail sales shall be located behind a counter staffed by a Marijuana Dispensary or Facility Agent registered by the State of Arizona.
h. The Dispensary shall have operating hours not earlier than 7:00 a.m. and not later than 10:00 p.m.
i. The manufacturing, cultivation, and testing of Marijuana is prohibited.
j. Drive-through services and sales are prohibited.
k. Alcoholic beverages shall not be sold, stored, distributed or consumed on the premises.
l. The Dispensary shall not have outdoor seating areas, but shall have adequate indoor seating to prevent outside loitering.
m. The business entrance and all window areas shall be illuminated during evening hours and shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc.
n. The windows and/or entrances shall not be obstructed and must maintain a clear view into the premises during business hours.
o. No consumption of Marijuana or any product containing Marijuana shall occur on the premises of a Qualifying Marijuana Dispensary.
p. The Tenant improvement Plan shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes.
3. Marijuana Manufacturing, Cultivation, or Testing Facility.
a. Other than for delivery to an authorized Qualifying Marijuana Dispensary, distributing, transmitting, dispensing, giving, selling, or providing Marijuana is prohibited.
b. All cultivation, manufacturing, testing and storage of Marijuana and Marijuana plants shall occur within secured, enclosed buildings and structures.
c. The use shall not be located within 2,640-feet of another Marijuana Manufacturing, Cultivation, or Testing Facility.
d. The use shall not be located within 1,000-feet of the property line of Day-Care Facilities, Pre-Schools, Public/Charter or Private Schools.
e. The use shall not be located within 500-feet of the property line of a residentially-zoned property.
f. There shall be no signage advertising the location of Qualifying Marijuana Dispensaries or retail sales of Marijuana on the premises.
g. The Zoning Administrator may require additional ventilation and air filtration necessary to ensure compatibility with adjacent uses.
(Ord. No. 83-16, 3-22-83; Ord. No. 97-41, 8-4-97; Ord. No. 98-34, 5-19-98; Ord. No. 99-89, 7-20-99; Ord. No. 99-101, 10-5-99; Ord. No. 00-28, 6-20-00; Ord. No. 02-85, 10-3-02; Ord. No. 03-171, 9-17-03; Ord. No. 04-188, 8-24-04; Ord. No. 05-16, 3-1-05; Ord. No. 05-36, 7-6-05; Ord. No. 05-51, 9-7-05; Ord. No. 06-07, 3-21-06; Ord. No. 06-16, 6-20-06; Ord. No. 07-22, 7-10-07; Ord. No. 2010-23, 8-17-10; Ord. No. 2011-03, 1-18-11; Ord. No. 2011-05A, 2-15-11; Ord. No. 2016-01, 1-5-16; Ord. No. 2017-33, § 93, 6-13-17; Ord. No. 2018-35, § 1(Exh. A), 11-13-18; Ord. No. 2021-06, § 1(Exh. A), 3-2-21; Ord. No. 2021-17, § 1(Exh. A), 6-1-21; Ord. No. 2023-01, § 3, 1-24-23; Ord. 2023-13, § 2(Exh. A, § 1), 8-15-23; Ord. No. 2024-05, § 2(Exh. A), 4-16-24)