A.

The purpose of the C1 commercial neighborhood sales and services district is to provide for convenience shopping in a residential neighborhood, to preserve and protect neighborhood commercial areas, located in close proximity to residential areas, and to provide for retail and service establishments which supply commodities or perform services to meet the daily needs of the neighborhood.

B.

The purpose of the C2 general commercial district is to provide for the sale of commodities and the performance of service and other activities in locations for which the market area extends beyond the immediate residential neighborhoods. The district is intended to provide accommodations for retail and service establishments required to meet the city's needs. The district is designed for application on arterial streets and highways.

C.

The purpose of the C3 commercial and minor industrial district is to establish and preserve areas as the locations for the heaviest type of commercial activities so that they do not create serious problems of compatibility with other kinds of land uses. Locations for the zoning should be thoughtfully conceived to make provisions for certain kinds of commercial uses which are most appropriately located as neighbors of industrial uses, so that the use of the property is adequately buffered from residential areas, and so street frontage does not present a poor image of the community.

D.

The M1 general limited industrial zoning district is intended to provide sufficient space in appropriate locations for manufacturing development, wholesale and heavy commercial uses, which, while not necessarily attractive in operational appearances, are installed and operated in a manner so as not to cause inconvenience to other uses in the district or to adjacent districts.

E.

The purpose of the M2 heavy industrial district is to provide sufficient space in appropriate locations for heavy industrial development including all types of industrial uses except hazards to health and property; with controls of air and stream pollution, radiation, fire and explosion dangers in compliance with all government standards.

(Ord. No. 2015-16, § 1, 10-20-2015; Ord. 97-904 § 1 (part))

A.

Table 17.26.020 of this chapter indicates the uses permitted by zoning district with an "X" and conditional use permits with a "CUP."

B.

Other similar retail, service, wholesale and minor industrial uses determined to be similar to those listed above and not detrimental to the health, safety and general welfare of the community.

C.

Accessory buildings and uses customarily incidental to a permitted primary use.

(Ord. No. 2015-16, § 1, 10-20-2015; Ord. 97-904 § 1 (part))

A.

Background. The voters of the State of Arizona approved Proposition 203, the Arizona Medical Marijuana Act, at the general election on November 2, 2010, allowing the cultivation, sale and use of medical marijuana in the state as now codified under A.R.S. §§ 36-2801 et seq. Primary regulatory enforcement of the act rests with the Arizona Department of Health Services. Possession and use of marijuana is still a criminal violation of Arizona state law except as specifically provided by the Act or as modified by the Smart and Safe Arizona Act that became law in Arizona in 2020. The United States Attorney has indicated that state medical marijuana schemes, as Arizona's, are still contrary to federal law and require allocation and prioritization of limited federal investigative and prosecutorial resources.

B.

Policy. The city council of the City of Bullhead City desires to comply with all requirements of state and federal law while at the same time protecting its citizens to the maximum extent. The city council desires, given the state of the law, to recognize that working with not-for-profit business dispensary and cultivating operations for local and regulated dispensing of medical marijuana eliminates the opportunity for individuals to have personal growing sites and thus mitigates the new enforcement requirements associated with the Act. Authorized medical marijuana operations are under obligation to observe all other applicable Bullhead City Municipal Code provisions as currently in effect or as may be amended, including but not limited to: Construction and building standards; business licenses and regulation; processing costs or fees; and any applicable transactional privilege taxes.

C.

Specific provisions.

1.

Separation requirements between medical marijuana dispensaries, cultivation sites and infusion facilities and schools are those as outlined in Table 17.26.020, Commercial and Industrial Permitted Uses. Separation will be measured in a straight line from the exterior walls of the building or portion thereon in which the medical marijuana business is conducted to the boundary line of the parcel of land on which the school, as described herein, is located.

2.

All medical marijuana dispensaries shall be of permanent, conventional construction. Outdoor seating at dispensaries is prohibited. Medical marijuana cultivation and infusion facilities shall comply with the odor mitigation requirements codified within this same zoning code under Section 17.26.027(C)(4).

3.

All unusable marijuana generated by a dispensary, cultivation or infusion site shall be disposed of as directed by the city chief of police.

4.

Cultivation of medical marijuana by a qualified patient or a designated caregiver, as defined under A.R.S. § 36-2801, is governed under Section 17.06.140(K) herein.

5.

No dispensary shall display any medical marijuana paraphernalia or any implement that may be used to administer medical marijuana in public areas of the dispensary.

6.

The dispensing of medical marijuana from a dispensary by means of a drive-through or home delivery are authorized but subject to the following requirements:

a.

All records must be maintained as required by A.R.S. § 36-2806.02 or A.A.C. R9-17-314, as either may be amended, and in addition to the transactional data entries required by law or regulation, also document as to whether the particular transaction was by drive-through or home delivery.

b.

Only dispensary agents as authorized under A.R.S. §§ 36-2801 et seq., or rule issued thereunder, may complete drive-through or home delivery transactions.

c.

Home deliveries are only authorized upon medical necessity or other personal hardship of the cardholder. Medical necessity or personal hardship will be determined by information gathered and documented through a dispensary application process. The initial form of application must be submitted to city for approval within thirty days of the approval of this ordinance. Any subsequent material changes to the form of application must also be submitted to the city for approval before implementation. Upon request, city may view the portions of a completed application(s) that city personnel are permitted to view under law.

d.

Authority to conduct home deliveries extends only to dispensaries with state licensure issued to a dispensary location within city corporate limits.

D.

The application of the specific provisions above does not preclude the applicability of all other provisions under this Chapter 17.26 as well as those found under Bullhead City Code building or business provisions that would otherwise apply to medical marijuana activities.

(Ord. No. 2022-31, § 1, 9-6-2022; Ord. No. 2021-08, § 1, 4-6-2021; Ord. No. 2018-22, § 1, 10-16-2018; Ord. No. 2017-08, § 1, 8-15-2017; Ord. No. 2015-16, § 1, 10-20-2015; Ord. No. 2011-2, § 4, 3-15-2011.)

A.

Background. The voters of the State of Arizona approved Proposition 207, the Smart and Safe Arizona Act, at the general election November 3, 2020 (the "Act"), allowing the recreational sale, possession and use of marijuana in small quantities for adults twenty-one years of age and older. The proposition is now codified under A.R.S. §§ 36-2850 et seq. Primary regulatory enforcement of the Act rests with the Arizona Department of Health Services ("DHS") under Arizona Administrative Regulation Title 9, Chapter 18, "Adult-Use Marijuana Program." Possession and use of marijuana continue as a criminal violation of Arizona state law except as specifically provided by the Act, and any possession and use of marijuana continues as a violation of federal law.

B.

Policy. The Act provides for local input and control under A.R.S. § 36-2857, which includes reasonable zoning regulations, public signage and delivery. The Bullhead City Council hereby expresses its intent to invoke all powers available within the Act in the best interests of the health, safety and welfare of its citizens.

C.

Specific business provisions.

1.

Co-Location. Marijuana establishments, adult legal use, and medical marijuana dispensaries may be co-located by a DHS dual licensee or located separately but must maintain a separate city business license for each marijuana establishment, adult legal use, and medical marijuana business activity.

2.

Separation. Marijuana establishments, adult legal use, and marijuana testing facilities may locate within the city and separation between each marijuana establishment activity and marijuana testing facilities, and schools is that outlined under Table 17.26.020, Commercial and Industrial Permitted. Separation will be measured in a straight line from the exterior walls of the building or portion thereon in which the establishment or testing facility business is conducted to the boundary line of the parcel of land on which the school, as described herein, is located. Fees for zoning certifications are listed in the comprehensive fee schedule under section A3.40.230.06.

3.

Construction. Marijuana establishments, adult legal use, shall be of permanent, conventional construction. All security features, indoor facilities and signage as required by the Act and DHS regulation must be present before issuance of a certificate of occupancy.

4.

Odor control in industrial zones.

a.

The cultivation, production or processing of marijuana and marijuana products (collectively within this subsubsection 4, "production") shall not emit any detectible dust, fumes, vapors or odors at or beyond the property line of the operation (collectively within this subsection 4, "odor").

b.

Operators shall install equipment, which may necessarily consist of ventilation and filtering systems, either carbon absorption or that based upon the best business practices at the time, to prevent odor. Use of chemicals in and around the commercial operation to mask odor as a means of controlling odor are not authorized. Chemical neutralization of odor naturally emitting from production is the objective of this regulation.

c.

Upon notification of an odor complaint by the city, the operator will promptly address and provide a response to the city.

5.

Use and Products. Use of marijuana or marijuana products or smoking of marijuana is prohibited in marijuana establishments, adult legal use, or testing facilities. Marijuana or marijuana products shall not be visible from the exterior of the marijuana establishment or testing facility. Seating for patrons or employees outside of marijuana establishments, adult legal use, or testing facilities is prohibited.

6.

Signage. All exterior signage must comply with Chapter 17.42 of this same title.

7.

Packaging and Edibles. Marijuana manufacturing, packaging and edibles activities must comply with all local health food establishment and DHS licensing and labeling requirements.

8.

Waste. All unusable marijuana generated by marijuana establishment, adult legal use, or testing activities shall be disposed of as authorized by the Department of Health Services and not placed in publicly accessible disposal containers.

9.

Individual Cultivation. Limitations on marijuana cultivation by individuals is governed by A.R.S. § 36-2852, which requires security features preventing access by minors and that marijuana plants not be visible to public view. Cultivation is otherwise governed by Section 17.06.140(K) herein.

10.

Home Delivery Prohibited. Home delivery by marijuana establishments, adult legal use, is prohibited.

11.

Drive-Through. The distribution of recreational marijuana from a marijuana establishment, adult legal use, by means of a drive-through is authorized.

D.

Applicability. The application of the specific provisions above does not preclude the applicability of all other provisions under this Chapter 17.26 as well as those found under Bullhead City Code building or business provisions that would otherwise apply to the activities outlined above.

E.

Marijuana prohibited.

1.

It is unlawful for an individual to smoke marijuana in a public place or open space in the city. "Public place" has that same meaning as prescribed in the Smoke-Free Arizona Act under Arizona Revised Statutes § 36-601.01. "Open space" means a public park, public sidewalk, public walkway, public pedestrian thoroughfare or public right-of-way. "Smoke" means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic, including any vapor formulations.

2.

It is unlawful to use in any way, sell, cultivate, manufacture, produce or distribute marijuana or marijuana products on property that is occupied, owned, controlled or operated by the city. Public property means a city building (as defined in subsection (3) below), facilities and public parks as defined in Section 12.12.010 of this same code.

3.

It is unlawful to possess any amount of marijuana or marijuana products in any city building. "City building" means any structure utilized for the conduct of city business, including all administrative spaces, waiting and lobby areas, publicly accessible or restricted access workspaces, offices, senior centers, the municipal court and city council chambers and meeting rooms.

4.

It is unlawful to emit an odor beyond the property line in which production of marijuana is taking place. "Odor" and "production" carry the same meaning as defined under Section 17.26.027(C)(4) above.

F.

Penalty. Any violation of this Section 17.26.027 is a class 1 misdemeanor. Each day any violation of any provision of this section continues constitutes a separate offense.

G.

Violations of this Section 17.26.027 are in addition to any other violation of applicable city ordinance or other local, county, state or federal law or regulation. Enforcement under this section in no way limits any other penalty, action, abatement or remedy available under the law. If any provision of this section is for any reason held to be invalid or unconstitutional by decision of a court of competent jurisdiction, that decision shall not affect the validity of any remaining portions thereof.

(Ord. No. 2022-31, § 1, 9-6-2022; Ord. No. 2021-09, § 1, 4-6-2021: Ord. No. 2021-05, § 1, 3-16-2021)

A.

All permitted uses shall be contained within a completely enclosed building or within an area completely enclosed in accordance with Chapter 17.48 of this Code. The outdoor display of merchandise is permitted during business hours only or as specifically set forth with the uses identified hereinabove. Swap meets may be fully or partially exempted from the requirements of an enclosed building and landscaping and screening if granted by conditional use permit.

B.

No use shall be established, maintained, or conducted which may cause:

1.

Dissemination of smoke, gas, dust, odor or any other atmospheric 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 such dissemination whatsoever.

2.

Objectionable noise beyond the boundary of the district, except that the hours of operation are not limited.

3.

Discharge of any waste material, not treated to minimum of tertiary treatment standards, whatsoever onto the ground or into any watercourse or ditch.

4.

Dissemination of glare or vibration beyond the immediate site of the use.

5.

Physical hazard by reason of fire, explosion, radioactivity or any similar cause to property in the same or an adjacent district.

C.

Prefabricated buildings that are to be placed on parcels of land zoned C1, C2 or C3 and located within one hundred fifty feet of a major or minor arterial street as measured from the right-of-way line and as identified in the Bullhead City general plan shall provide supplemental standard building materials, forms and detailing on the exterior elevation of the front building face. Said standard building materials, forms and detailing shall also be added to the portion of the side building faces that are visible from the front building side along the major or minor arterial streets as identified in the Bullhead City general plan. At least thirty-three percent of the total visible wall area of said exterior elevations within said one hundred fifty feet shall be a standard building material, such as masonry, stucco or brick.

D.

Modular buildings as defined in 17.04.205 of this title are prohibited on parcels of land within two hundred feet of Highway 95 as measured from the right-of-way line.

(Ord. No. 2021-06, § 1, 3-16-2021; Ord. No. 2015-16, § 1, 10-20-2015; Ord. 2002-64 § 1; Ord. 97-904 § 1 (part))

A.

Storage containers are permitted in a C2, C3, M1, M2, or PL zoning district in accordance with the development standards listed below.

B.

Storage containers shall be located in the rear or side yards of the property on which they are placed.

1.

Storage containers shall be considered an accessory structure or use and are only permitted in conjunction with a primary structure or use.

2.

Storage containers shall be screened in accordance with Chapter 17.48 of the City Code.

3.

There shall not be any signage on the storage containers, except that the name and telephone number of the storage container manufacturer, owner, or rental company, may be on the container. The area for the owner's information shall not exceed six square feet.

4.

Storage containers shall not be stacked on top of each other nor shall there be anything stored on top of the containers.

5.

Storage containers shall not obstruct any required driveways or visibility of the driveways.

6.

Storage containers shall not be placed so as to reduce the number of parking spaces below the minimum number required.

7.

Storage containers shall at all times be maintained in like new condition.

8.

The total square footage of the storage containers shall not exceed ten percent of the total square footage of the lots on which the containers are located.

9.

Storage containers must be placed in compliance with the setback standards for commercial buildings outlined in Chapter 17.38 of the City Code and applicable requirements of the latest edition of the International Building Code adopted by the City.

(Ord. No. 2022-21, § 1, 5-17-2022; Ord. No. 2015-16, § 1, 10-20-2015; Ord. No. 2011-4, § 1, 4-19-2011; Ord. 2005-06, § 4)

A.

The provisions of the D9 density district shall apply in the C1, C2, C3, M1 and M2 zoning districts. A density change to D8, D7, D6 or PAD is necessary to achieve greater densities or different development standards. For density purposes, open sided fabric shade structures used to cover merchandise displayed outside shall not be included in the calculations for maximum lot coverage.

B.

Refer to Chapter 17.38 of this Code for additional density provisions.

(Ord. No. 2015-16, § 1, 10-20-2015; Ord. No. 2013-17, § 1, 10-15-2013; Ord. 97-904 § 1 (part))

The landscaping and screening provisions of Chapter 17.48 of this Code apply in the C1, C2, C3, M1, and M2 districts.

(Ord. No. 2015-16, § 1, 10-20-2015; Ord. 97-904 § 1 (part))

The off-street parking provisions of Chapter 17.44 of this Code shall apply in the C1, C2, C3, M1, and M2 districts.

(Ord. No. 2015-16, § 1, 10-20-2015; Ord. 97-904 § 1 (part))

The sign provisions of Chapter 17.42 of this Code shall apply in the C1, C2, C3, M1, and M2 districts.

(Ord. No. 2015-16, § 1, 10-20-2015; Ord. 97-904 § 1 (part))

The refuse collection provisions of Chapter 17.06 of this Code shall apply in the C1, C2, C3, M1, and M2 districts.

(Ord. No. 2015-16, § 1, 10-20-2015; Ord. 97-904 § 1 (part))

Table 17.26.020

Commercial and Industrial Permitted Uses

(Ord. No. 2023-11, § 1, 4-18-2023; Ord. No. 2022-20, § 1, 5-17-2022; Ord. No. 2021-18, § 1, 10-19-2021; Ord. No. 2021-09, § 1, 4-6-2021; Ord. No. 2021-08, § 1, 4-6-2021; Ord. No. 2021-05, § 1, 3-16-2021; Ord. No. 2019-20, § 1, 11-19-2019; Ord. No. 2018-07, § 1, 4-17-2018; Ord. No. 2017-14, § 1, 10-17-2017; Ord. No. 2015-16, § 1, 10-20-2015; Ord. No. 2011-2, § 5, 3-15-2011; Ord. No. 2011-4, § 1, 4-19-2011; Ord. 2008-8, § 1; Ord. 2005-06, § 3; Ord. 2002-54, § 3; Ord. 2001-46, § 3: Ord. 2000-1082, § 2; Ord. 2000-1053, § 2; Ord. 2000-1034, § 2; Ord. 97-904, § 1 (part))