A. Procedure: In accordance with Chapter 18.97 (Conditional Use Permits).
B. Uses conditionally permitted:
1. Agricultural processing facility, including wineries:
a. Type II procedure,
b. Minimum setback: Three hundred feet from any property line,
c. Notification area: Six hundred feet;
2. Commercial feedlot:
a. Type III procedure,
b. Minimum setback: Five hundred feet from any property line,
c. Notification area: One thousand feet;
3. Hog ranch:
a. Type III procedure,
b. Hogs be penned a minimum of five hundred feet from any property line,
c. Notification area: One thousand feet;
4. Racetrack for the racing of animals:
a. Type II procedure,
b. Minimum setback: Two hundred feet from any property line,
c. Notification area: One thousand feet;
5. Feed store:
a. Type II procedure,
b. Access be onto a paved public road with collector classification or higher;
6. Minor resort: In accordance with Section 18.12.030(B)(7) (IR Institutional Reserve Zone);
7. Grocery store or convenience store:
a. Type II procedure,
b. Maximum floor area: Ten thousand square feet;
8. Neighborhood Market:
a. Type I procedure,
b. Maximum floor area: Fifteen thousand square feet;
9. Gasoline service station:
a. Type II procedure,
b. Access be onto a paved public road with "collector" classification or higher;
10. Automobile repair or parts store:
a. Type II procedure,
b. Maximum floor area: Ten thousand square feet,
c. Paint spray operations prohibited;
11. Retail or repair shop:
a. Type II procedure;
12. Personal services, including hair salon, barber shop, catering service or interior decoration:
a. Type II procedure,
b. Maximum floor area: Five thousand square feet;
13. Restaurant: Type II procedure;
14. Tavern:
a. Type II procedure,
b. Maximum floor area: Five thousand square feet,
c. Notification area: Six hundred feet;
15. Professional and semiprofessional services:
a. Type I procedure,
b. Maximum floor area: Ten thousand square feet;
16. Private recreational club:
a. Type II procedure,
b. Minimum setback: One hundred feet from any property line,
c. Access to onto a paved public street with "collector" classification or higher,
d. Notification area: Six hundred feet;
17. Fairgrounds or carnival:
a. Type II procedure,
b. Minimum setback: Two hundred feet from any property line,
c. Notification area: One thousand feet;
18. Zoo and other animal exhibits:
a. Type II procedure,
b. Minimum setback: One hundred feet from any property line,
c. Notification area: One thousand feet;
19. Museum:
a. Type II procedure,
b. Minimum setback: One hundred feet from any property line,
c. Notification area: Six hundred feet;
20. Skeet, trap, rifle or pistol range: In accordance with Section 18.12.030(B)(11) (IR Institutional Reserve Zone);
21. Reserved;
22. Contractors yard: In accordance with Section 18.12.030(B)(15) (IR Institutional Reserve Zone);
23. Cemetery or crematorium:
a. Type II procedure,
b. All buildings be set back a minimum of one hundred feet from any property line, except that a crematorium shall be set back a minimum of two hundred feet from any property line;
24. Sand and gravel operation, including asphalt and cement plants: In accordance with Section 18.12.030(B)(12) (IR Institutional Reserve Zone);
25. Bank, (except non-chartered financial institutions):
a. Type II procedure,
b. Minimum setback: One hundred feet from any property line,
c. Access be from a paved public road with "collector" classification or higher,
d. Notification area: Six hundred feet;
26. Airport facilities: In accordance with Chapter 18.57;
27. Sanatorium or rest home: Type I procedure;
28. Commercial kennel:
a. Type I procedure,
b. Minimum setback: One hundred feet from any property line;
29. Telephone or telegraph distribution installation or electrical receiving or distribution station (with or without a building): In accordance with Section 18.12.030(B)(17) (IR Institutional Reserve Zone);
30. Outside amplification for livestock or equestrian events: Type I procedure;
31. Artists or artisans workshop or studio:
a. Type II procedure,
b. Maximum floor area: Five thousand square feet;
32. Nursery with restricted retail sales:
a. Type II procedure.
b. Minimum site area: One hundred forty-four thousand square feet.
c. Minimum setback for nursery buildings and the storage of related materials: 100 feet.
d. The principal nursery use is the on-site propagation and cultivation of plant stock which may include desert plants salvaged from off-site locations.
e. A minimum of sixty percent of the nursery site must be allocated to the principal use.
f. Retail sales shall be primarily of on-site cultivated or off-site salvaged nursery stock. Sales of nursery products cultivated or produced off-site shall be a minor portion of retail sales. Retail sales shall not exceed twenty-five percent of the total sales for the nursery use.
g. Retail sales areas, including customer parking areas and display areas may not exceed one and a half acres.
h. Retail sales shall not include power tools and equipment, including farm equipment.
i. Access to the site shall only be from a major street as designated on the Major Streets & Scenic Routes plan. Access from the site to any abutting street that is not designated a major street is prohibited.
j. Landscaping and screening must meet the requirements of Chapter 18.73. A bufferyard type "D" is required. If possible, the bufferyard requirement shall be satisfied with plants in cultivation (in-ground) or natural desert.
k. Any outdoor lighting shall be in accordance with the county outdoor lighting code (Title 15).
l. The use of amplifiers or public address systems is prohibited.
m. All access lanes and parking areas within the nursery site shall be of a paved or concrete surface.
n. A development plan is required pursuant to Chapter 18.71.
33. Manufactured home park:
a. Type I procedure;
34. Off-road vehicle facility for personal use only:
a. Type I procedure.
b. Subject to the standards of 18.07.030(M).
35. Animal Rescue and Sanctuary Facility:
a. Type I procedure.
b. Subject to Section 18.09.020(N).
36. Medical marijuana designated caregiver cultivation location:
a. Type 1 procedure.
1) All conditions and restrictions for medical marijuana dispensary offsite cultivation location as provided for in Section 18.45.040E5 except that the Type 1 procedure as provided for in Section 18.97.030D2 is applied and the designated caregiver cultivation location area is limited to two hundred fifty square feet.
2) More than one designated caregiver may co-locate cultivation locations as long as the total cultivation area does not exceed two hundred fifty square feet.
37. Community food pantry:
a. Type I procedure.
b. All driveways and parking areas shall be maintained with a dust-proof material which shall be approved by the department of transportation.
38. Trail-Oriented Development:
a. Type I procedure.
b. In accordance with Section 18.07.030(V) (Land use regulations).
39. Marijuana Dispensary Offsite Cultivation Location:
a. Type II procedure.
b. There is no size limit for the maximum floor area of a marijuana dispensary off-site cultivation location.
c. A marijuana dispensary off-site cultivation location shall be located in a permanent, enclosed, locked facility in accordance with state statutes and Arizona Department of Health Services rules and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
d. A marijuana dispensary offsite cultivation location shall be setback a minimum of 2,000 feet from any other marijuana dispensaries or marijuana dispensary offsite cultivation locations measured in a straight and direct horizontal line between the two closest exterior or applicable interior suite walls of marijuana dispensaries' cultivation locations.
e. A marijuana dispensary offsite cultivation location shall be setback a minimum of 500 feet from a K-12 public, private, or charter school, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the marijuana offsite cultivation location to the closest property line of a school.
f. A marijuana dispensary offsite cultivation location shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
g. A marijuana dispensary offsite cultivation location shall provide only wholesale products to other marijuana dispensaries, marijuana dispensary offsite manufacturing locations, or marijuana dispensary offsite cultivation locations.
h. Odor Mitigation
(1) Odor mitigation devices and techniques shall be incorporated in all marijuana facilities to ensure that odors are mitigated. Odor mitigation may be accomplished through an exhaust air filtration system with odor control that prevents internal odors from being emitted externally or through any other best practices adequate for odor mitigation as determined acceptable by the Chief Zoning Inspector, in the Chief Zoning Inspector's sole discretion.
(2) An odor mitigation plan shall be submitted with the initial permit application. When a modification is made to a marijuana facility, or the facility operation, that has the potential to impact the nature or degree of odor, or affects the control of odor, the marijuana facility owner must update its odor mitigation plan within 30 days of facility modification.
(3) An odor mitigation plan shall include all of the following information:
(a) Facility floor plan (showing areas of potential odor emissions);
(b) List of odor emitting activities to take place on site;
(c) Phases (timing, length, etc.) of odor-emitting activities;
(d) Odor mitigation practices based on industry-specific best control technologies and best management practices; and
(e) Administrative controls and engineering controls (system design plan, operational processes, maintenance plan).
(4) The marijuana facility shall not begin operations until the odor mitigation plan, or any required update to the odor mitigation plan, is approved by the Chief Zoning Inspector.
40. Other conditional uses: All uses which are similar in type, scale and intensity to other uses which are specifically listed as requiring either Type 1, Type 2 or Type 3 conditional use procedures and which are, in the opinion of the zoning inspector, not otherwise unlawful, injurious to the general health or welfare or specifically excluded.
(Ord. 2022-16 § 2, 2022; Ord. 2020-24, § 2, 2020; Ord. 2019-26 § 1, 2019: Ord. 2019-5 § 3, 2019; Ord. 2018-33 § 1, 2018; Ord. 2018-29 § 2, 2018; Ord. 2011-2 § 6, 2011; 2009-59 ;2; (part), 2009; Ord. 2007-81 § 4, 2007; Ord. 2005-105 § 2, 2005; Ord. 2005-85 § 3, 2005; Ord. 1998-37 § 2 (part), 1998; Ord. 1998-36 § 3, 1998; Ord. 1997-40 § 4, 1997; Ord. 1997-20 § 3 (part), 1997; Ord. 1986-188 § 1 (part), 1986; Ord. 1986-150 (part), 1986; Ord. 1985-187 § 1 (part), 1985)