A. Any use as permitted in Section 18.31.010 (TR Transitional Zone).
B. The following uses, as restricted in Section 18.43.020(A):
1. Air conditioning, heating, and ventilating fixtures or supplies: Retail, all within enclosed building;
2. Antique store;
3. Apparel store;
4. Art needlework or hand-weaving establishment;
5. Art gallery or store: The "patio" architectural design concept is allowed;
6. Art or drawing supply store;
7. Auto mechanical repair: In conjunction with service stations on state or federal highways only, provided there is no outside storage of autos or parts, and no body or fender work, painting or upholstering;
8. Auto parking lot (within or without a building): Subject to the provisions of Section 18.75.030(B) (Off-Street Parking and Loading Standards);
9. Automobile accessories, parts and supplies; provided, that there is no installation, repair, rebuilding, modification, or outside storage of parts on the premises;
10. Automobile lubrication and oil change operation;
11. Automobile tires, batteries and accessories installation in conjunction with a department store;
12. Bakery;
13. Bank, (except non-chartered financial institutions);
14. Barbershop;
15. Beauty shop;
16. Bicycle shop: No sales or servicing of motor scooters or motorcycles;
17. Billiard or poolhall;
18. Book, newspapers, or magazine store;
19. Burglar alarm service;
20. Cafe or lunchroom:
a. Provided no dancing is allowed and no alcoholic beverages sold except beer and wine,
b. The "patio" architectural design concept is allowed;
21. Catering service;
22. Church;
23. Cigar store;
24. Cleaning, dyeing, laundry collection agency;
25. Confectionery store;
26. Custom dressmaking, millinery, hemstitching or pleating;
27. Custom weaving or mending;
28. Dealer in coins, stamps or similar collector's items;
29. Delicatessen;
30. Dental laboratory;
31. Department store;
32. Drugstore;
33. Dry goods or notions store;
34. Electrical appliance store;
35. Feed store: No sales or storage of hay;
36. Fix-it shop, small appliances;
37. Florist shop;
38. Frozen food locker;
39. Fruit or vegetable store;
40. Furniture store;
41. Garage: For public storage only;
42. Gasoline service station (incidental repairing only); subject to:
a. The provisions of Section 18.07.030(A) (General Regulations and Exceptions),
b. No gasoline or other flammables be stored above ground level, except in legally accepted containers of fifty-five gallons or less and no more than three such containers, and
c. The dispensing of gasoline or any flammables into a fuel tank or into a legally accepted container, using manually controlled nozzles only, shall be under the supervision of a competent attendant at all times;
43. Gift, curio, or novelty shop;
44. Grocery store;
45. Hardware store;
46. Hotel;
47. House furnishing store;
48. Ice cream store: The "patio" architectural design concept is allowed;
49. Ice station: For packaged sales only;
50. Interior decorator;
51. Jewelry and watch repair;
52. Jewelry store;
53. Large scale retail establishment: In accordance with Section 18.39.080(A)(3);
54. Laundromat, laundry and dry cleaning units, provided the same occupy no more than three thousand square feet of gross floor area;
55. Leather goods store;
56. Library: Rental or public;
57. Liquor store: For packaged sales only, including wine tasting;
58. Locksmith;
59. Marijuana Dispensary - Subject to Type III Conditional Use;
a. The total maximum floor area of a marijuana dispensary shall not exceed 10,000 square feet.
b. A marijuana dispensary shall be located in a permanent building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
c. The permitted hours of operation of a marijuana dispensary are from 7:00 a.m. to 10:00 p.m.
d. A marijuana dispensary shall have an interior customer waiting area equal to a minimum of 25% of the sales floor area. For purposes of this section, sales floor area is defined as any area open to customers for the sale of products. This does not include waiting areas, areas for production and storing of products, or offices.
e. A marijuana dispensary shall not have outdoor seating areas.
f. A marijuana dispensary may deliver medical marijuana to the extent permitted by Arizona law. A marijuana dispensary may deliver recreational marijuana once rules permitting and regulating delivery are approved by the Arizona Department of Health Services and become effective, and shall comply with Arizona law and 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 shall be setback a minimum of 2,000 feet from any other marijuana dispensaries, measured in a straight and direct horizontal line between the two closest exterior or applicable interior suite walls of marijuana dispensaries.
h. A marijuana dispensary shall be setback a minimum of 500 feet from a K-12 public, private, or charter school or a licensed childcare center, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the marijuana dispensary to the closest property line of a school or childcare center. Exception: For the purposes of this section, the following uses are not considered schools and are exempt from the setback requirement: 1) school administrative offices not located on or contiguous with a school site; or, 2) athletic fields or playgrounds used for school functions that are not contiguous with a school site.
i. A marijuana dispensary shall be setback a minimum of 500 feet from a public park or library and a minimum of 500 feet from a licensed residential substance abuse diagnostic and treatment facility or other licensed residential drug or alcohol rehabilitation facility, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the marijuana dispensary to the closest property line of a library, public park, licensed residential substance abuse diagnostic and treatment facility, or other licensed drug or alcohol rehabilitation facility.
j. The expansion of an existing marijuana dispensary 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 dispensary to the closest property line of a school.
k. A marijuana dispensary shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.
l. 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.
(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, 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 Chief Zoning Inspector.
60. Marijuana Dispensary Offsite Cultivation Location - Subject to Type III Conditional Use;
a. The total maximum floor area of a marijuana dispensary offsite cultivation location shall not exceed 10,000 square feet.
b. A marijuana dispensary offsite cultivation location shall be located in a permanent building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
c. 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.
d. A marijuana dispensary offsite cultivation location shall be setback a minimum of 1,000 feet from a K-12 public, private or charter school, or a licensed childcare center 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 nearest property line of a school or childcare center. Exception: For the purposes of this section, the following uses are not considered schools and are exempt from the setback requirement: school administrative offices not located on or contiguous with a school site, or athletic fields or playgrounds used for school functions that are not contiguous with a school site.
e. A marijuana dispensary offsite cultivation location shall be setback a minimum of 1,000 feet from a public park or library and a minimum of 1,000 feet from a licensed residential substance abuse diagnostic and treatment facility or other licensed residential drug or alcohol rehabilitation facility measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the marijuana dispensary offsite cultivation location to the closest property line of a library, public park, licensed residential substance abuse diagnostic and treatment facility, or other licensed drug or alcohol rehabilitation facility.
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 demonstrating compliance with odor control requirements. 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, 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 Chief Zoning Inspector.
61. Marijuana Product Manufacturing Location - Subject to Type III Conditional Use;
a. A marijuana product manufacturing 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.
b. A marijuana product manufacturing location shall provide only wholesale products to other marijuana dispensaries, marijuana product manufacturing locations, or marijuana dispensary offsite cultivation locations.
c. 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, 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 Chief Zoning Inspector.
62. Meat, fish or dressed poultry market, provided no live poultry are kept on premises;
63. Mechanical and electronic games arcade: In districts containing a minimum of four commercial acres and at least seven thousand eight hundred square feet of net leasable area;
64. Medical laboratory;
65. Messenger office;
66. Music, phonograph or radio store;
67. Office: Business, professional or semi- professional;
68. Orthopedic appliances (trusses, wheelchairs, etc.);
69. Pet grooming;
70. Pet shop;
71. Photograph studio;
72. Photographic supply store;
73. Plant nursery: All landscape contractor's supplies, fertilizers and chemicals shall be stored indoors;
74. Plumbing fixtures and supplies: Retail, all within enclosed building;
75. Postal station;
76. Pressing establishment;
77. Reducing salon: Not to include massage establishments;
78. Refreshment stand;
79. Religious rescue mission or temporary revival;
80. Safe depository;
81. School: Barber or beauty culture;
82. School: Business;
83. School: Dancing;
84. School: Dramatic;
85. School: Handicraft, painting or sculpture;
86. School: Music;
87. School, private, parochial and charter.
88. Self-service car wash; provided, that neither steam cleaning nor engine repair shall be allowed on the premises;
89. Shoe repair shop;
90. Shoe store;
91. Shopping center, neighborhood: In accordance with Chapter 18.39;
92. Shopping center, small: In accordance with Chapter 18.39;
94. Sidewalk sales associated with existing retail business, lasting no longer than three days, in any thirty-day period;
95. Sporting goods, hunting and fishing equipment store;
96. Station: Bus or stage;
97. Stationery store;
98. Tailor shop;
99. Taxicab stand;
100. Taxidermist;
101. Theater: Except drive-in or outdoor theater;
102. Tire store: Including incidental repair of shocks and brakes with no outdoor storage or display;
103. Tool or cutlery sharpening;
104. Toy or hobby shop;
105. Trailer rental: In conjunction with service stations on state or federal highways only, provided there is no outside storage of autos or parts, and no body or fender work, painting or upholstering;
106. Trust company;
107. Upholstery shop and supplies;
108. Variety store;
109. Veterinary outpatient clinic for small animals:
a. No boarding allowed;
b. Overnight confinement for clinic treatment permitted for a maximum of five animals;
110. Wallpaper sales, paper hanging;
111. Water, telephone or telegraph distribution installation or electrical receiving or distribution station (within or without a building): Subject to the provisions of Section 18.07.040(B) (General Regulations and Exceptions);
112. Wholesale of oil: In conjunction with service stations on state or federal highways only, provided there is no outside storage of autos or parts, and no body or fender work, painting or upholstering;
113. Other similar enterprise or business of the same class, which in the opinion of the board of supervisors, as evidenced by resolution of record, is not more obnoxious or detrimental to the welfare of the particular community than the enterprises or businesses above enumerated.
C. Retail sale, rental or display of:
1. Clothing or accessories;
2. Household appliances;
3. Office equipment and business machines: Repair work permitted, but limited to no more than twenty-five percent of gross floor area of the business;
4. Oxygen equipment for medical outpatient uses;
5. Painting equipment or supplies, including varnish;
6. Secondhand goods: Personal, furniture, books, magazines; no secondhand auto parts;
7. Venetian blinds;
8. Window shades.
D. Accessory building or use (not involving open storage): When located on the same building site.
E. Trailer or manufactured or mobile home for caretaker: In conjunction with a permitted use in a rural area, as determined by the zoning inspector.
F. Administrative, engineering, scientific research and development, design or experimentation facility, and such treatment, processing, and fabrication as may be necessary thereto; provided, that:
1. All such operations be completely housed within buildings located on a site of not less than ten thousand square feet;
2. All such buildings shall be set back not less than twenty-five feet from any property line abutting a residential zone;
3. A dust-proofed, off-street parking area be provided for all vehicles incidental to said operation;
4. One additional parking space be provided for each three persons regularly employed on said premises;
5. Buffering and screening provided in accordance with Chapter 18.73, Landscaping, Buffering and Screening Standards;
6. Any activity conducted on said premises shall be free of dust, noxious smoke, fumes, odors or unusual vibrations or noise discernible beyond the property line;
7. The architecture of all structures shall be compatible with the surrounding area; and
8. All open areas of an improved lot shall be maintained in a dust-free condition by landscaping with trees, shrubs, suitable ground cover, undisturbed natural growth, or by covering with material that will provide an all-weather surface.
G. Restaurant, including a restaurant liquor license:
1. Upon condition that the cocktail lounge or bar has no separate outside entrance; and
2. A dance floor with a maximum of two hundred square feet is permitted for customer dancing only.
H. Trailer or manufactured or mobile unit for temporary office use: Only during the construction of a permanent building not to exceed a period of twelve months.
I. The following uses, as restricted in Section 18.43.020(B):
1. Blueprinting;
2. Photostating;
3. Engraving, photo-engraving;
4. Duplicating, mimeographing, multigraphing;
5. Addressographing;
6. Newspaper office;
7. Printing or publishing.
J. Self-storage facility:
1. All access to the facility shall be from arterial or collector streets;
2. All access lanes within the facility shall be of a paved or concrete surface;
3. There shall be a landscaped bufferyard with a minimum six-foot or maximum eight-foot decorative masonry wall;
4. There shall be no razor or barbed wire;
5. The facility shall be single story with a maximum height of nineteen feet;
6. The facility's exterior facade visible from adjoining residential properties or the public street shall use earth tone colors and masonry or stucco materials or materials with a similar appearance;
7. Lighting shall be in accordance with the county outdoor lighting code (Title 15);
8. All walls, doors, and roofs visible from adjoining property shall have surfaces that have less than eighty percent reflectivity;
9. The maximum size of an individual storage unit shall not exceed two hundred square feet;
10. All storage shall be in an enclosed building.
(Ord. 2022-16 § 3, 2022; Ord. 2017-3 § 2, 2017; Ord. 2011-2 § 11, 2011; Ord. 2009-59 § 4, 2009; Ord. 2005-105 § 5, 2005; Ord. 2001-165 § 1 (part), 2001; Ord. 1998-36 § 15, 1998; Ord. 1997-28 § 2, 1997; Ord. 1993-55 § 1, 1993; Ord. 1989-96 § 1 (part), 1989; Ord. 1988-150 § 1, 1988; Ord. 1985-171 § 1 (part), 1985; Ord. 1985-82 (part), 1985)