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Colorado City City Zoning Code

SUPPLEMENTARY USE

STANDARDS

§ 152.045 TITLE AND AUTHORITY.

   A vibrant, dynamic community needs a variety of land use activities to satisfy the needs of its inhabitants. Because of their particular dynamics, a number of uses require special standards to mitigate their potential adverse impacts on adjacent properties. It is the intent of this section to identify those land uses and to provide specific criterion and conditions to ensure that, if permitted, they will contribute to the health, safety, and general welfare of the town. The requirements specified herein are in addition to those specified in the corresponding zoning district. In the event of conflict between these standards and the underlying zoning district standards, the provisions of this section shall apply.
   (A)   Purpose. This section details additional site planning, development standards, and performance standards for specific land uses listed within §§ 152.025 through 152.033.
   (B)   Adult entertainment business. In addition to the requirements of § 152.091 , no conditional use permit shall be issued for an adult entertainment business, which shall be allowed in the IP zone, unless it meets the following additional conditions:
      (1)   The adult entertainment business is located no closer than 1,200 feet from the exterior boundaries of a Residential Zoning District or use.
      (2)   The adult entertainment business is located no closer than 1,200 feet from the exterior property lines of any public or private school having a pre-school or kindergarten curriculum or any one or more of grades one through 12.
      (3)   The adult entertainment business is located no closer than 1,200 feet from the exterior boundaries of any park or playground.
      (4)   The adult entertainment business is located no closer than 1,200 feet from any church or non-commercial establishment owned or operated by a bona fide religious organization.
      (5)   The adult entertainment business is located no closer than 2,000 feet from any other adult entertainment business.
      (6)   The adult entertainment business displays no sign visible from the exterior of the business except for a sign identifying the business as an adult entertainment business.
      (7)   The adult entertainment business excludes from its premises persons less than 18 years of age or 21 years of age if alcohol is served.
      (8)   No materials depicting specified sexual activities or specified anatomical areas shall be visible from the exterior of the adult entertainment business.
      (9)   All distances specified in this section shall be measured in a straight line, without regard to intervening structures or objects, from the property line of any adult entertainment business to the nearest property line of any other adult entertainment business, school, church, public facility, residential district or other land use specified in this section.
   (C)   Animal kennel/shelter, hospital/veterinarian clinic, training school.
      (1)   No animals under care may be boarded outside, except for facilities located in the IP district. Those areas in which animals are boarded shall be fully enclosed structures and shall be sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
      (2)   All boarded animals shall be kept within a totally enclosed part of a structure between the hours of 9:00 p.m. and 6:00 a.m. except with direct supervision associated with non-exercise or training related activities. All outside exercise or training of animals shall be prohibited during these hours. The provisions of this section shall not apply to facilities located in the IP district.
      (3)   Outdoor dog runs, exercise, or training activity areas shall not be located within 200 feet from a residentially zoned property or use.
      (4)   Outdoor runs and exercise areas shall be enclosed by a minimum six foot fence.
      (5)   Suitable control and maintenance shall be exercised over the use, structure or animals so that a nuisance condition is not created in terms of excessive noise, dirt, or odor.
      (6)   In association with a required conditional use permit approval process, the town may establish other conditions and requirements necessary to prevent possible nuisances (i.e., location and/or size of activity areas, fencing height and/or material, screening, sound-proofing, sanitary requirements, or limits on the number of animals that are serviced or boarded).
      (7)   Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit has been secured.
   (D)   Assisted living center and nursing home.
      (1)   All facilities shall comply with all applicable federal, state and local requirements for the location and operation of such facilities and the provision of safe outdoor recreation areas and gross floor areas for every person that the facility is licensed to accommodate.
      (2)   The facility shall have direct access from an arterial or collector street.
      (3)   Facilities within any residential district shall not be located within 1,200 feet (as measured from the property lines) of a child care facility, a nursing home, a resident care home or a group care home facility that are also located within any residential district.
      (4)   Notwithstanding the foregoing, if the state has adopted laws or rules for the regulation of an assisted living center, then any such state law or rule shall apply in addition to the conditions listed herein and shall preempt any conflicting condition listed herein.
   (E)   Vehicle/boat repair, major.
      (1)   All major repair facilities shall be subject to the site plan review and/or CUP process. In addition to standard site plan information, the applicant shall provide a plan which shows an ability to control on-site and prevent off-site nuisance conditions such as noise, dust, odors, vectors and wind-blown debris.
      (2)   Accessory uses may include assembly and repair buildings, machine shops, paint facilities, fueling and supply facilities, parking areas, vehicle/boat lifts and incidental retail sales associated with the principal uses.
      (3)   A use may combine major repair with vehicle/boat sales, outside storage or service stations only if these uses are permitted or conditionally permitted and approved in that district. If combined with said uses, major repair facilities shall additionally comply with the provisions of divisions (G), (S), and/or (Y) of this section.
      (4)   Major repair facilities shall be located with direct access to paved roadways that are suitable in size to allow for the efficient delivery of vehicle and boats for repair. The paved roadway requirement of this section shall not apply to major repair facilities located in the IP district.
      (5)   Outdoor repair areas shall be paved with concrete, asphalt, pavers, or gravel. The provisions of this section shall not apply to major repair facilities located in the IP district.
      (6)   Major repair facilities must be fully screened from view by a 100% opaque fence or engineered concrete/masonry block wall that is no less than six feet, but no more than eight feet in height.
      (7)   As part of the conditional use permit process within the BP District, a landscaped screen of plantings may be required in combination with a required fence or wall to further buffer and/or shield repair activities from public view or adjacent residential districts. See § 152.057(C) for additional screening regulations. The provisions of this division shall not apply to major repair facilities located in the IP district.
      (8)   No temporary or long-term repair parking, outdoor repair activities, or outdoor supply/material storage that exceed the height of the screen wall may occur within the required setback areas of the zoning district in which the major repair facility is located. The provisions of this division shall not apply to major repair facilities located in the IP district.
      (9)   Outdoor repair related activities shall be limited to 6:00 a.m. to 9:00 p.m. within the SC district, unless modified through the CUP process.
      (10)   No pending, under repair, or repaired vehicle/boat shall be utilized for overnight sleeping or as living accommodations.
      (11)   All exterior lighting shall comply with the lighting standards provided within § 152.059.
      (12)   Any lawful major repair facility in existence as of May 13, 2020, that could not be permitted or rebuilt thereafter because of zoning district requirements shall be considered a permitted use and, accordingly, shall not be subject to this section, unless the facility is proposed to be expanded beyond the building or facility use footprint, whichever is greater, that existed as of May 13, 2020. If the building or facility use footprint exceeds the allowed threshold or if the intensity of uses increases beyond that which existed as of May 13, 2020, the major repair facility shall be required to be brought into compliance with all current, applicable zoning ordinance provisions.
   (F)   Vehicle/boat repair, minor.
      (1)   A use may combine a minor repair facility with a service station only if the uses are permitted or conditionally permitted and approved in that district. If combined with said uses, minor repair facilities shall additionally comply with the provisions of division (Y) of this section.
      (2)   Service bay doors for minor repair facilities may not face residential neighborhoods.
      (3)   Service and repair of boats onsite that exceed nine feet in width by 30 feet in length is prohibited.
      (4)   Any lawful minor repair facility in existence as of May 13, 2020, that could not be permitted or rebuilt thereafter because of zoning district requirements shall be considered a permitted use and, accordingly, shall not be subject to this section and/or shall not be required to obtain conditional approval, unless the facility is proposed to be expanded beyond the building or facility use footprint, whichever is greater, that existed as of May 13, 2020. If the building or facility use footprint exceeds the allowed threshold or if the intensity of uses increases beyond that which existed as of May 13, 2020, the minor repair facility shall be required to be brought into compliance with all current, applicable zoning ordinance provisions.
   (G)   Vehicle/boat, sales and leasing; vehicle/boat, rentals.
      (1)   A use may combine vehicle/boat sales and leasing with vehicle/boat repair major, vehicle/boat minor or outside storage only if these uses are permitted or conditionally permitted and approved in that district. If combined with said uses, sales and leasing facilities shall additionally comply with the provisions of divisions (E), (F), and (S) of this section.
      (2)   The sale and/or leasing of vehicles or boats physically onsite that exceed nine feet in width by 30 feet in length is prohibited within the C-2 District.
      (3)   The placement, display or storage of vehicles or boats for sale or lease within the public right-of-way shall be prohibited.
      (4)   Sale and/or leasing areas shall be paved or graveled in compliance with town engineering standards. The provisions of this division shall not apply to sale and/or leasing facilities located in the IP district.
      (5)   Facilities that sell and/or lease, physically onsite, vehicles or boats that exceed nine feet in width by 30 feet in length shall be required to adhere to the provisions of division (T), except any part of the use fronting on a public street shall not be required to meet the screening requirements of said section.
      (6)   No pending, under repair, or repaired vehicle/boat shall be utilized for overnight sleeping or as living accommodations.
      (7)   Any lawful sale and/or leasing facility in existence as of May 13, 2020, that could not be permitted or rebuilt thereafter because of zoning district requirements shall be considered a permitted use and, accordingly, shall not be subject to this section, unless the facility is proposed to be expanded beyond the building or facility use footprint, whichever is greater, that existed as of May 13, 2020. If the building or facility use footprint exceeds the allowed threshold or if the intensity of uses increases beyond that which existed as of May 13, 2020, the sale and/or leasing facility shall be required to be brought into compliance with all current, applicable zoning ordinance provisions.
   (H)   Campground. These regulations apply to campgrounds where campsites are rented for the placement and occupancy of tents, recreational vehicles, or camping cabins on a temporary or seasonal basis. The installation or development of any campground shall comply with the following minimum criteria:
      (1)   All campgrounds shall be designed in accordance with the provisions of this chapter and administered through the conditional use permit and/or site plan review process.
      (2)   Campgrounds shall not be used as permanent residences except for that of the owner, manager or permanent maintenance personnel. In establishing the temporary or seasonal nature of the campground, no single camping site shall be occupied by the same party for a period of time longer than nine continuous months in any 12 month period.
      (3)   One RV or camping cabin shall be permitted on each allowed camp site. Camping cabins shall be designed not for use as a permanent dwelling but as a temporary shelter for recreational camping and vacation use by visitors, tourists, or campers. No manufactured homes or dwelling units of conventional construction shall be permitted within the campground for living purposes except for that of the owner, manager, or permanent maintenance personnel.
      (4)   The minimum lot or parcel size for a campground shall be five gross acres.
      (5)   The maximum number of individual camping sites allowed shall be ten per gross acre.
      (6)   Each camp site shall be clearly marked with an alpha or numeric symbol on a sign which is clearly visible from an access road. All camp sites shall be labeled on a map, which shall be provided to each campground occupant; local police, fire, and emergency service provider; and 911 dispatch center.
      (7)   All private roads within a campground shall be well-drained, graveled or paved, and maintained in good condition by the park owner or manager. One-way roads shall be a minimum of 12 feet in width, all other roads shall have a minimum travel surface of 18 feet or as required by the International Fire Code, whichever is greater. Parking shall be prohibited on both sides of all roads within the park.
      (8)   Each camp site shall be provided with at least one off-street parking space.
      (9)   Street improvements for any public roads bounding the campground shall be made as required by the Town Engineer.
      (10)   Access to all camp sites shall be from the interior of the campground. There shall be no individual access to any camp site from a public street.
      (11)   Required setback areas shall be preserved in their natural condition or landscaped to provide a visual buffer to minimize any adverse impact on abutting land uses. All camping shall be prohibited from occurring within required setback areas.
      (12)   Each campground must provide an adequate and easily identifiable office or registration area. The location of the office shall not interfere with the normal flow of traffic into and out of the campground.
      (13)   Recreational amenities or social centers, which may be used for crafts, hobbies, games, meetings, banquets and similar recreational uses shall be of conventional site-built construction.
      (14)   Each campground may provide a place to procure food, drink, sundries, or souvenirs to patrons of the campground only.
      (15)   Service buildings with toilet, bathing and other sanitation facilities and utilities shall be provided as required by the town.
      (16)   Provision for on-site storm water retention / drainage and off-site storm water drainage both entering and leaving the property shall be as required by the Town Engineer.
      (17)   All utilities shall be placed underground. The placement of utilities will be up to the developer. However, all utilities services shall meet all requirements specified by the town, as well as the respective utility companies.
      (18)   All lighting shall be in conformance with § 152.059.
      (19)   Each campground shall provide fire protection facilities as set forth in the International Fire Code.
      (20)   Designated areas for boat and recreational vehicle storage within the park shall be for the sole use of tenants of the campground.
      (21)   All refuse collection areas shall be completely enclosed via a solid six-foot wall and view obstructing gate and located on a concrete surface. Refuse collection areas shall be readily accessible to collection vehicles, without substantially encumbering adjacent parking and vehicular access. If the refuse collection area can be seen from the exterior of the park, the enclosure should be softened with landscaping on its most visible sides.
      (22)   A site plan approval application for a campground shall include the following information:
         (a)   A written description of the proposed operation, including proposed months of operation; desired number, types, and characteristics of different desired camping sites; other ancillary uses existing or proposed for the site; operational procedures (e.g., noise and nuisance control, clean-up); and emergency access plan.
         (b)   A campground plan map, drawn to scale, and including the existing and proposed layout; location of camp sites and camping units, roads, parking areas, and site boundaries; existing and proposed topography (grading); minimum required yards; existing and proposed buildings and other structures; common recreational facilities; water and sewer systems; and stormwater management.
   (I)   Child care, center.
      (1)   A child care center shall be licensed, certified or approved by the State of Arizona.
      (2)   A child care home shall meet Fire Code, Building Code, zoning ordinance and any other applicable regulations.
      (3)   Adequate off-street parking shall be provided in accordance with § 152.056.
      (4)   All child care centers shall provide adequate drop-off and waiting space so that parents' cars are not required to stand in a public right-of-way. At least one drop-off space, or its equivalent shall be provided for each five children enrolled or cared for at the facility during the largest scheduled class. Child drop-off areas shall have direct pedestrian access to the building entrance.
      (5)   A minimum of 100 square feet of outdoor play area shall be provided per child utilizing the outdoor play area at any given time. The total outdoor play area shall not be less than 1,200 square feet, unless a greater amount is required by the state. Outdoor play areas shall be in the rear or side yard, fenced and screened in accordance with § 152.057(C).
   (J)   Child care, home.
      (1)   A child care home shall be licensed, certified or approved by the State of Arizona.
      (2)   Child care home vehicles belonging to employees and residents are required to park onsite, in the garage or on an approved paved driveway.
      (3)   No signage for advertising or notification of use shall be permitted on or off the site.
      (4)   A minimum of 600 square feet of open space shall be provided for an outdoor play area, none of which shall be located in the required front setback.
      (5)   All outdoor recreation areas shall be completely screened and enclosed by a six-foot-high vision obscuring fence with self-closing and self-latching gates.
   (K)   Convenience store.
      (1)   The maximum total square footage of the building shall be 5,000 square feet; unless modified through the CUP process.
      (2)   A use may combine a convenience store with a drive-through facility and/or service station only if both uses are permitted or conditionally permitted and approved in that district. If combined with said uses, convenience stores shall additionally comply with the provisions of division (M) and/or division (Z) of this section.
   (L)   Drive-through facility. This section shall apply to all principal uses that include a drive-through facility.
      (1)   Drive-through aisles that face or are adjacent to public streets shall be screened from public view by a minimum three-foot tall masonry wall that matches the primary structure.
      (2)   No drive-through aisles shall exit directly onto a public right-of-way.
      (3)   Drive-through queuing length shall be approved in accordance with § 152.056(K)(6).
      (4)   Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access point to the facility that is located adjacent to a drive-through lane(s).
   (M)   Group care home.
      (1)   A completed registration form shall be submitted to the Community Development Department on a form established by the Zoning Administrator. Registration shall become effective upon issuance of zoning clearance for the home and shall terminate when the home use ceases. No registration/clearance shall be accepted or approved for a home that does not comply with the conditions listed within this section.
      (2)   Group care homes shall comply with all applicable federal, state and local requirements for the location, development and operation of such homes and the provision of safe outdoor recreation areas and gross floor areas for every person that the home is licensed to accommodate.
      (3)   Group care homes shall not be located within 1,200 feet, as measured from the property lines, of another group care home or a residential care home facility.
      (4)   The group care home shall not involve changes in the exterior appearance of any structure or necessitate equipment that is not related to the primary residential use.
      (5)   All administrative activities, including staffing, counseling, and other visitations, shall serve only residents of the group care home.
   (N)   Manufactured home. These regulations apply to all manufactured homes in any permitted zone. The installation or construction of any dwelling unit, factory-built or manufactured, shall comply with the following minimum criteria:
      (1)   A manufactured home is subject to all standards contained in Table 2.2-2, Residential District Development Standards for the zoning district(s) in which the home is situated, unless otherwise stated within this section.
      (2)   All newly placed manufactured homes shall be required to meet the most current HUD Code standards, be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, and comply with State of Arizona Office of Manufactured Housing regulations and all the provisions outlined in this chapter.
      (3)   The exterior building façade, including trim, doors, windows, roof fascia and the like, shall consist of wood, stucco, horizontal siding, brick, masonry veneer, or other similar building material commonly used in site-built residential construction; provided, however, that metal siding, other than aluminum lap siding, shall be prohibited. Patio covers and detached storage buildings shall be exempt from this requirement.
      (4)   All manufactured homes placed in a subdivision or on a single tract of land shall be set upon a permanent foundation or footing for the purpose of a permanent installation. Such installation shall render the dwelling no more portable than if it were constructed totally on site.
      (5)   All manufactured homes placed in a manufactured home park shall utilize a finished building material to surround the entire perimeter of the dwelling and completely enclose the space between the exterior façade of the dwelling and the ground. Such foundation siding shall be properly vented, harmonious, and compatible with the dwelling.
      (6)   Any device used to transport a manufactured home to the site of installation, including the hitch, wheels, axles, or other devices used primarily for transport other than a chassis, shall be detached from the dwelling as part of the installation procedure in any zoning district.
      (7)   All manufactured home installations must follow the Arizona Department of Building and Fire Safety Statutes and Rules.
   (O)   Manufactured home, park. These regulations apply to manufactured home parks. The development or construction of any factory-built or manufactured home park, shall comply with the following minimum criteria:
      (1)   The minimum distance between manufactured homes or attached/detached accessory structures in the same manufactured home parks shall be ten feet. Manufactured homes or attached/detached accessory structure may not be closer than ten feet to the exterior boundary or five feet to individual space lines of the park.
      (2)   There shall be a minimum distance of ten feet between the front of the manufactured home and any private street or private sidewalk, including tongue and bay windows or any other attached projection.
      (3)   A minimum of 10% of the total park area shall be designated as permanent open space. Where phases are proposed for the manufactured home park, the percentage of open space in each phase shall meet or exceed the minimum total for the specified phase area. The open space shall be available through the use of easements to all residents of the development. Streets, driveways, parking areas, buffer areas, recreation vehicle storage, and buildings shall not be included in calculating the size of open space.
      (4)   A ten foot landscape area shall be required where the park is adjacent to a public street/sidewalk.
      (5)   Two paved off-street parking spaces of nine feet by 18 feet shall be required for each manufactured home space.
      (6)   One nine-foot by 20-foot visitor parking space shall be required for each eight manufactured home spaces. Common lots spaced evenly throughout the park may be employed to provide off-street parking.
      (7)   Designated areas for boat and recreational vehicle storage within the park shall be for the sole use of the residents of the park. Storage areas shall be completely screened from outside park boundaries by a six-foot-high wall or fence.
      (8)   Street improvements for any public roads bounding or within the manufactured home park shall be made as required by the Town Engineer.
      (9)   All interior drives or roadways within the mobile home park shall be a minimum width of 24 feet or as required by the Uniform Fire Code, whichever is greater. Width of roadway is exclusive of curbs and walkways, measured from edge of pavement to edge of pavement. The interior drives or roadways shall be paved in accordance with town engineering standards.
      (10)   Provision for on-site storm water retention/drainage and off-site storm water drainage both entering and leaving the property shall be as required by the Town Engineer.
      (11)   Each manufactured home park shall provide fire protection facilities as set forth in the Uniform Fire Code.
      (12)   The manufactured home park shall be permanently screened from adjacent properties by a vision obscuring fence, six feet in height.
      (13)   One manufactured home shall be permitted on each approved space. No recreational vehicles or dwelling units of conventional construction shall be permitted on a manufactured home space for living purposes except for that of the owner, manager, or permanent maintenance personnel.
      (14)   Access to all manufactured home spaces shall be from the interior of the park. There shall be no individual access to any manufactured home space from a public street.
      (15)   Manufactured home parks with more than 100 lots shall have a minimum of two separate access entry drives connecting the park to public streets. Access to the development shall not be through a residential area to reach a collector route.
      (16)   All refuse collection areas shall be completely enclosed via a solid six-foot wall and view obstructing gate and located on a concrete surface. Refuse collection areas shall be readily accessible to collection vehicles, without substantially encumbering adjacent parking and vehicular access. If the refuse collection area can be seen from the exterior of the park, the enclosure shall be softened with landscaping on its most visible sides.
      (17)   All lighting shall be in conformance with § 152.059.
      (18)   All utilities shall be placed underground. Placement of utilities, including master meters, shall meet all requirements of the town, as well as the respective utility companies.
      (19)   The site plan shall provide for a system of pedestrian circulation within the development. The system shall connect with existing sidewalks, if any are adjacent to the property. The pedestrian access may be located either in the street right-of-way or in common open space. The system shall be designed to link residential units with recreation facilities, school bus stops, and existing sidewalks in the neighborhood. Pedestrian ways may take the form of sidewalks or walking paths with a minimum width of five feet.
   (P)   Medical marijuana dispensary, cultivation site.
      (1)   To obtain a conditional use permit, the medical marijuana dispensary, or medical marijuana cultivation location shall not be closer than 1,200 feet from the boundaries of a Residential Zoning District or use, the property lines of any public or private school, public park or playground, or church or non-commercial establishment owned or operated by a bona fide religious organization.
      (2)   The business shall not be located within 2,000 feet of any other adult entertainment businesses, medical marijuana dispensary or medical marijuana cultivation location and shall display no sign visible from the exterior except for a sign identifying the business as a medical marijuana dispensary or medical marijuana cultivation location. All signage shall also adhere to the requirements of § 152.058. The business shall exclude persons less than 18 years of age from its premises. No materials depicting marijuana plants or marijuana use shall be visible from the exterior of the business.
      (3)   All distances shall be measured in a straight line, without regard to intervening structures or objects, from the property line of the business to the nearest property line of another adult entertainment business, medical marijuana dispensary, medical marijuana cultivation location, school, church, public facility, residential district or use or other use specified in this regulation.
      (4)   Medical marijuana cultivation site. With regard to a medical marijuana cultivation location, applicants seeking a conditional use permit shall provide the name and location of the off-site dispensary, a copy of operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c), procedures for proper disposal of marijuana remnants or by-products (not to be the facility's exterior refuse container), a security plan, and a plan to prohibit the emission of odors from the facility into the environment. The cultivation location must be a permanent building (not a habitable trailer, cargo container or motor vehicle) with a maximum area not to exceed 2,000 square feet unless otherwise shown by the applicant and approved through the conditional use permit process that additional area is needed to provide necessary medical marijuana to the identified dispensary. The cultivation location shall not be open to the public and retail sales are prohibited. Marijuana shall not be consumed on the premises, including any accessory structures, parking lot or parking areas. Caregivers, as authorized by AZ DHS to cultivate medical marijuana, shall be restricted to cultivation of medical marijuana in the Service Commercial Zoning District.
      (5)   Medical marijuana dispensary. With regard to a medical marijuana dispensary, on-site and drive through services are prohibited. Applicants seeking a conditional use permit shall provide the name and location of the off-site cultivation location or source, a copy of operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c), procedures for proper disposal of marijuana remnants or by-products (not to be the facility's exterior refuse container), a security plan, and a plan to prohibit the emission of odors from the facility into the environment. The dispensary must be a permanent building (not a habitable trailer, cargo container or motor vehicle) with a maximum area not to exceed 1,000 square feet. Operating hours shall not be earlier than 8:00 a.m. and not later than 8:00 p.m. Marijuana shall not be consumed on the premises of the dispensary, including any accessory structures, parking lot or parking areas.
   (Q)   Microbrewery, craft distillery, or tasting room.
      (1)   Must provide evidence of valid state license before commencing operations or at any time upon the request of the Zoning Administrator and the conditions of any such license shall be adhered to by the operator of the establishment at all times.
      (2)   Pure manufacturing and storage uses not associated with a retail or restaurant function are not allowed in the C-2, C-3, CBD or MU Districts.
      (3)   All manufacturing and processing activity shall be conducted within a completely enclosed building.
      (4)   In the C-2, C-3, CBD and MU Districts outdoor storage shall be limited to grain silos designed to be screened from public view or integrated into the design of the principal building through the use of compatible materials and colors. No other materials, including products ready for shipping, or equipment shall be stored outdoors unless approved through a conditional use permit.
      (5)   Outdoor seating and serving is permitted. The location and placement of outdoor dining and serving facilities shall meet all performance standards in § 152.055.
      (6)   Shall meet all performance standards in § 152.055, including but not limited to odor standards in § 152.055(G).
   (R)   Mobile homes. After the effective date of this chapter, the following regulations shall apply to all mobile homes:
      (1)   Only pre-existing, in place mobile homes shall be allowed for residential or non-residential use on an existing lot or within an existing mobile home park, subject to all applicable A.R.S. The relocation of a pre-existing mobile home from its current location, lot or mobile home park shall be prohibited.
      (2)   The placement and residential or non-residential use of mobile homes constructed prior to 1976 is prohibited, unless in place and in use on the effective date of this chapter.
   (S)   Outside storage.
      (1)   All outside storage facilities shall be subject to the site plan review and/or CUP process. In addition to standard site plan information, the applicant shall provide a plan which shows an ability to control on-site and prevent off-site nuisance conditions such as noise, dust, odors, vectors and wind-blown debris.
      (2)   A use may combine outside storage with vehicle/boat major repair and vehicle/boat sales only if both uses are permitted or conditionally permitted and approved in that district. If combined with said uses, outside storage facilities shall additionally comply with the provisions of divisions (E) and/or (G) of this section.
      (3)   Outside storage facilities shall be located with direct access to paved roadways that are suitable in size to allow for the efficient delivery of vehicles and boats for storage. The paved roadway requirement of this section shall not apply to outside storage facilities located in the IP district.
      (4)   Outside storage areas shall be paved with concrete, asphalt, pavers, or gravel. The provisions of this division shall not apply to outside storage facilities located in the IP district.
      (5)   Outside storage facilities must be fully screened from view by a 100% opaque fence or engineered concrete/masonry block wall that is no less than six feet, but no more than eight feet in height.
      (6)   As part of the conditional use permit process within the SC District, a landscaped screen of plantings may be required in combination with a required fence or wall to further buffer and/or shield storage activities from public view or adjacent residential districts. See § 152.057(C) for additional screening regulations. The provisions of this division shall not apply to major repair facilities located in the IP district.
      (7)   No outside storage that exceeds the height of the screen wall may occur within the required setback areas. The provisions of this section shall not apply to outside storage facilities located in the IP district.
      (8)   No stored vehicle/boat shall be utilized for overnight sleeping or as living accommodations.
      (9)   All exterior lighting shall comply with the lighting standards provided within § 152.059.
      (10)   Any lawful outside storage facility in existence as of May 13, 2020, that could not be permitted or rebuilt thereafter because of zoning district requirements shall be considered a permitted use and, accordingly, shall not be subject to this section, unless the facility is proposed to be expanded beyond the building or facility use footprint, whichever is greater, that existed as of May 13, 2020. If the building or facility use footprint exceeds the allowed threshold or if the intensity of uses increases beyond that which existed as of May 13, 2020, the outside storage facility shall be required to be brought into compliance with all current, applicable provisions of this zoning chapter.
   (T)   Recreational vehicle, park. These regulations apply to recreational vehicle (RV) parks. The installation or development of any recreational vehicle park shall comply with the following minimum criteria:
      (1)   All RV parks shall be designed in accordance with the provisions of this chapter and administered through the conditional use permit and/or site plan review process.
      (2)   Within the MHP District, RV parks must be developed as a stand-alone development or one contiguous designated area within a MHP. RV park spaces shall be prohibited from being individually dispersed within a MHP. Any RV park located within a MHP shall be owned and operated by the same owner and operator of the MHP.
      (3)   One RV shall be permitted on each approved space. No manufactured homes or dwelling units of conventional construction shall be permitted on a RV space or within the RV park for living purposes except for that of the owner, manager, or permanent maintenance personnel.
      (4)   A recreation or common area shall be provided at a ratio of 100 square feet of recreation or common area for each space. All common areas shall adhere to the provisions outlined in § 152.057.
      (5)   One nine foot by 18 foot visitor parking space shall be required for each eight RV spaces. Common areas spaced evenly throughout the park may be employed to provide off-street parking.
      (6)   The minimum distance between RV's or detached accessory structures in the same RV park shall be ten feet.
      (7)   Minimum distances or setbacks shall be the shortest horizontal dimensions measured from the nearest portion of the sidewall of an RV including pull-outs, tip-outs, or portable affixed awnings.
      (8)   All interior drives or roadways within the RV park shall be paved private streets a minimum width of 24 feet or as required by the International Fire Code, whichever is greater. Width of roadway is exclusive of curbs and walkways, measured from edge of pavement to edge of pavement. The interior drives or roadways shall be paved in accordance with town engineering standards.
      (9)   Street improvements for any public roads bounding the RV park shall be made as required by the Town Engineer.
      (10)   There shall be a minimum distance of five feet between the front of the RV and any private street or sidewalk, including any attached projections.
      (11)   The RV park shall be permanently screened from adjacent properties or public right-of-ways by an opaque screening fence or solid engineered wall, six feet in height.
      (12)   Any part of the RV park fronting on a public street shall meet the setback requirements of the zoning district in which it is located as well as the screening and landscaping requirements as outlined in § 152.057.
      (13)   Access to all RV spaces shall be from the interior of the park. There shall be no individual access to any RV space from a public street.
      (14)   RV parks with more than 50 spaces shall have a minimum of two separate access entry drives connecting the park to public streets. Access to the development shall not be through a residential area to reach an arterial or collector roadway.
      (15)   Each RV park must provide an adequate and easily identifiable office or registration area. The location of the office shall not interfere with the normal flow of traffic into and out of the RV park.
      (16)   Recreational amenities or social centers, which may be used for crafts, hobbies, games, meeting, banquets and similar recreational uses shall be of conventional site-built construction.
      (17)   Service buildings with toilet, bathing and other sanitation facilities and utilities shall be provided.
      (18)   Each space shall have water, sewer and electrical hook-ups as required by the town.
      (19)   Provision for on-site storm water retention / drainage and off-site storm water drainage both entering and leaving the property shall be as required by the Town Engineer.
      (20)   All utilities shall be placed underground. The placement of utilities will be up to the developer. However, all utilities services shall meet all requirements specified by the town, as well as the respective utility companies.
      (21)   All lighting shall be in conformance with § 152.059.
      (22)   Each RV park shall provide fire protection facilities as set forth in the International Fire Code.
      (23)   Designated areas for boat and recreational vehicle storage within the park shall be for the sole use of the residents of the park.
      (24)   RV spaces or units will not be available for individual sale.
      (25)   All refuse collection areas shall be completely enclosed via a solid six foot wall or fence and view obstructing gate and located on a concrete surface. Refuse collection areas shall be readily accessible to collection vehicles, without substantially encumbering adjacent parking and vehicular access. If the refuse collection area can be seen from the exterior of the park, the enclosure should be softened with landscaping on its most visible sides.
      (26)   The site plan shall provide for a system of pedestrian circulation within the development. The system shall connect with existing sidewalks, if any are adjacent to the property. The pedestrian access may be located either adjacent to private streets, drives or in common open space. The system shall be designed to link RV spaces with recreation facilities and existing sidewalks in the surrounding neighborhood. Internal pedestrian ways may take the form of sidewalks or walking paths.
   (U)   Religious assembly.
      (1)   All vehicular access to the facility shall be onto an arterial or collector road.
      (2)   Wherever an off-street parking area is adjacent to a residential use, a continuous obscuring wall, fence and/or landscaped area at least six feet in height shall be provided.
   (V)   Resident care home.
      (1)   A completed registration form shall be submitted to the Community Development Department on a form established by the Zoning Administrator. Registration shall become effective upon issuance of zoning clearance for the home and shall terminate when the home use ceases. No registration/clearance shall be accepted or approved for a home that does not comply with the conditions listed within this division.
      (2)   Resident care homes shall comply with all applicable federal, state and local requirements for the location, development and operation of such homes and the provision of safe outdoor recreation areas and gross floor areas for every person that the home is licensed to accommodate.
      (3)   Resident care homes shall not be located within 1,200 feet, as measured from the property lines, of another resident care home or a group care home facility.
      (4)   All administrative activities, including staffing, counseling, and other visitations, shall serve only residents of the residential care home.
      (5)   As a reasonable accommodation for persons with a disability, strict compliance with the standards set out in this section may be waived by the Zoning Administrator in accordance with the requirements stated herein. A request for such a reasonable accommodation waiver must be in writing and filed with the Zoning Administrator. In all cases, the Zoning Administrator, or his/her designee, shall make findings of fact in support of his/her determination and shall render his/her decision in writing. The Zoning Administrator may meet with and interview the person making the request in order to ascertain or clarify information sufficiently to make the required findings and/or may request additional information such as a site plan, floor plan, maximum number of residents, transportation methods or description of daily activities. To grant a reasonable accommodation waiver, the Zoning Administrator shall find affirmatively all of the following:
         (a)   The request will be in compliance with all applicable building and fire codes;
         (b)   The request will not create traffic impacts, parking impacts, impacts on water or sewer systems, or other similar adverse impacts; and
         (c)   Profitability or financial hardship of the owner/service provider of a facility shall not be considered by the Zoning Administrator in determining to grant a reasonable accommodation waiver. An appeal of the decision of the Zoning Administrator may be made regarding reasonable accommodation to the Board of Adjustment pursuant to § 152.086(K).
   (W)   School, public or private; school, boarding and college or university.
      (1)   The facility shall meet fire code, building code and any other applicable regulations.
      (2)   All access for high schools, middle schools, boarding schools, or colleges shall be from an arterial or collector roadway; vehicular ingress and egress to local streets is prohibited.
      (3)   Elementary schools shall not be located adjacent to arterial roads or roads with higher classifications.
      (4)   A separate conditional use permit shall be required for any additional accessory uses customarily found in conjunction with schools, including dormitories, stadiums, outdoor recreational lighting, and auditoriums which were not specifically described when the CUP was originally approved.
      (5)   Schools shall comply with the building setback and building height requirements established by the zoning district for which the school is located; unless modified as part of the CUP process.
   (X)   Self-storage, indoor.
      (1)   All storage shall be completely within enclosed buildings.
      (2)   A use may combine indoor storage with outside storage only if both uses are permitted or conditionally permitted and approved in that district. If combined with said use, indoor storage facilities shall additionally comply with the provisions of division (T) of this section.
      (3)   Doors to individual storage units shall not face any abutting public street frontage, or, if the site is located on a corner parcel, shall not face the primary public street frontage.
      (4)   No business activity other than rental of storage units shall be conducted on the premises.
      (5)   All self-storage rental contracts shall include clauses prohibiting:
         (a)   The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals; and
         (b)   The use of the property for purposes other than dead storage.
      (6)   An accessory structure for a management office may be allowed on site, subject to regulations specified in § 152.046.
   (Y)   Service station.
      (1)   Service stations shall not include:
         (a)   Any outdoor service or repair operations, other than the dispensing or installation of gasoline or other minor services for customers as related to such dispensing or installation;
         (b)   There shall be no sale, rental, display, long-term parking, or storage of vehicles, boats, trailers, machinery or other similar equipment; or
         (c)   There shall be no outdoor storage or display of vehicle components and parts, supplies or equipment, except within an area defined on the project approved site plan and which extends no more than ten feet beyond the building.
      (2)   All fuel pumps and/or pump islands shall be covered by a canopy that matches or complements the design of the main structure.
      (3)   Electric charging stations may count towards required parking spaces.
      (4)   Under canopy mounted lights shall be flush with the underside of the canopy. All additional outdoor lighting shall be subject to the requirements of § 152.059.
      (5)   Any signs logo or identifying paint scheme on the primary building, canopy or gas price signs shall adhere to the applicable sign regulations provided in § 152.058.
   (Z)   Tour services.
      (1)   All tour operators are required to conduct business out of a physical office space located within permitted districts as identified in Tables 2.3-1 and 2.4-1. Sales are not permitted on public right-of-way.
      (2)   All parking, queuing, and loading/unloading of tour vehicles shall be conducted on the subject property or within approved areas as defined through the site plan approval and conditional use permit process.
      (3)   All tour operators shall be prohibited from utilizing local streets within residential zoned districts to conduct any part of standard tour operations. This includes utilizing local residential streets for tour departure and return routes.
      (4)   All maintenance, repairs, and service washing areas shall be fully screened from view by a 100% opaque fence or engineered concrete/masonry block wall that is no less than six feet in height.
      (5)   Any heliport, associated with a helicopter tour operator, located outside the AP Zoning District shall be required to obtain a conditional use permit. No conditional use permit for a heliport in association with a tour operator shall be considered for approval unless and until the location, site plan and operation standards comply with all the provisions of this division (AA) and have provided a Federal Aviation Administration (FAA) airspace letter-of-determination stating no objection, with or without conditions, to the proposed facility.
      (6)   If the Zoning Administrator determines a proposed operation has the potential to create a significant negative impact in the surrounding area, the town may establish other conditions and requirements necessary to prevent possible nuisances (i.e., control number of allowed tours per day, define hours of operation, specify tour routes or deny the CUP).
      (7)   Outdoor storage of materials which might cause fumes, odors, dust, fire hazard, or health hazards is prohibited unless such storage is within enclosed containers or unless otherwise complies with applicable law.
      (8)   All tour service facilities shall comply with all applicable federal, state and local laws for the operation of such a facility. Copies of permits or letters of approval shall be submitted to the town prior to operations.
   (AA)   Vacation home rentals.
      (1)   Purpose.
         (a)   The purpose of this section is to establish minimum regulations for the use of residential dwellings utilized as vacation rentals.
         (b)   This section is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short term rental purposes as defined herein.
         (c)   Vacation home rentals are limited to individually or collectively owned single-family or one-to-four-family house or dwelling units or any unit or group of units in a condominium, cooperative or timeshare, that is also a transient public lodging establishment or owner-occupied residential home offered for transient use if the accommodations are not classified for property taxation under A.R.S. § 42-12001. Use of any other unit, dwelling or group of units or dwellings as a vacation rental or short-term rental is prohibited. Vacation rentals do not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or other similar use.
      (2)   Applicability. The provisions of this section apply within the incorporated boundaries of the town.
      (3)   Vacation home rentals are subject to all laws relating to noise, building and fire codes, protection of welfare, parking, property maintenance and nuisance and may not be used for the purposes of housing sex offenders, operating or maintaining a structured sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses.
      (4)   Emergency point of contact. An owner of a vacation home rental shall designate an emergency point of contact. Said point of contact shall be filed with the Town Clerk.
   (BB)   Wireless telecommunication facilities.
      (1)   This section is to provide a uniform and comprehensive set of standards for the placement, construction and modification of wireless communication facilities (WCF). To protect and promote public health, safety, general welfare and the visual quality of the town while at the same time not unduly restricting the development of needed communication facilities and important amateur radio installations and encouraging managed development of communication infrastructure. It is also the stated intent of this section to provide a public forum to insure a balance between public concerns and private interest in establishing communication and related facilities. The regulations in this section are established to:
         (a)   Provide guidelines for siting and design of wireless communication facilities;
         (b)   Minimize adverse visual impacts of towers and wireless communication facilities through careful design, siting, landscaping and camouflaging techniques;
         (c)   Enhance the ability to provide wireless services to town residents, businesses and visitors;
         (d)   Simplify and shorten the process for obtaining necessary permits, while protecting the interests of town residents;
         (e)   Promote and encourage co-location of towers and attached wireless communication facilities as a primary option;
         (f)   Ensure that wireless communication facilities are compatible with adjacent land uses; and
         (g)   Avoid potential damage to property caused by towers and communications facilities by ensuring that structures are correctly designed and are removed when no longer used or are structurally unsafe.
      (2)   Amendments. For the purpose of protecting the public health safety and general welfare, the Planning and Zoning Commission may from time to time propose amendments to these regulations which shall be approved or disapproved by the Town Council at a public meeting following public notice. Realizing that communication technologies are evolving and changing quickly, future innovations may reduce the impacts of individual facilities and render portions of these regulations obsolete. Therefore, periodic review and revision of these regulations will be necessary.
      (3)   Applicability.
         (a)   Commercial wireless communication facilities are permitted as a conditional use (CUP) in all zoning districts with the exception of small wireless facilities, certain antennas, or public safety communication facilities as described in division (BB)(5) and residential districts or planned development/planned area development districts.
         (b)   No person shall build, construct or erect a wireless communication facility upon any parcel of land in a residential or planned development/planned area development district until a review process has determined the site is properly camouflaged and integrated with and/or screened by a non-antenna support structure (street light, utility pole, building feature, landscape feature, etc.).
         (c)   All antenna support structures and wireless communication facilities, any portion of which are located within the town, are subject to this section. Except as provided in this section, any use being made of an existing antenna support structure or attached wireless communication facility shall be deemed a nonconforming structure and allowed to continue, even if in conflict with the terms of this section.
         (d)   The Zoning Administrator, by administrative review, may approve (without obtaining a CUP) the proposed construction or development of a camouflaged facility or a co-located facility provided that a building permit is obtained and the proposal meets the minimum requirements of this chapter.
      (4)   Exceptions.
         (a)   Small wireless facilities. The construction, improvement, co-location, modification, repair or operation of small wireless facilities may be located within any town right-of-way or any areas outside of the right-of-way that are not zoned exclusively for residential uses. Said small wireless facilities shall be permitted by right and not subject to any zoning or CUP review and approval. Additional town permits may apply for the construction, improvement, co-location, modification, repair or operation of small wireless facilities;
         (b)   Public safety communications facilities;
         (c)   The provisions of this section do not apply to radio or television reception antennas, receive only antennas, citizen band antennas, marine band antennas and satellite or microwave parabolic antennas (Residential: one meter or less in diameter) (Industrial/Commercial: two meters or less in diameter) not used by commercial carriers. The height of the antenna shall not exceed the roof line of the primary structure on the parcel and shall be placed on the rear or side of the parcel;
         (d)   The provisions of this section do not apply to FCC licensed amateur stations as part of the amateur service with a single antenna support structure. Amateur station antennas shall not be subject to the requirements of this section except as follows;
         (e)   No outdoor amateur station antenna shall be installed until and unless an amateur station antenna permit has been approved and issued by the Zoning Administrator. Amateur station antenna permits are not transferable and shall automatically expire when the person issued the permit no longer owns the property involved or that persons license from the FCC is no longer valid. The Zoning Administrator shall not issue an amateur station antenna permit until the applicant has presented proof of a current FCC license;
         (f)   All new antenna support structure and attached antenna shall not exceed 90 feet in height above ground level. The tower and antenna shall meet the setback requirements for the zoning district in which it is located and shall require an additional setback of one foot for every foot the tower and antenna exceeds the height limits of the zoning district in which it is located;
         (g)   The tower and antenna shall be installed in the rear of the parcel and shall meet all local, state and federal regulations and manufacturer specifications. Guy wires, if used, shall meet the setback requirements of the underlying zoning district;
         (h)   Temporary mobile services providing public information coverage of news events;
         (i)   Minor modifications of existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, provided there is little or no change in the visual appearance; and
         (j)   Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that meet the performance standards set forth in this document. Antennas and equipment cabinets or rooms completely located inside of structures and whose purpose is to enhance communications within the structures.
      (5)   Performance standards and requirements.
         (a)   Construction standards. All commercial wireless communication facilities and antenna support structures shall be certified by a licensed engineer to be structurally sound and in conformance with applicable building code(s).
         (b)   Natural resource protection standards. The location of the wireless communication facilities shall comply with all-natural resource protection standards established either in this chapter or in other applicable county, state and federal regulations, including those for flood plains, wetlands, groundwater protection, and steep slopes.
         (c)   Color and appearance standards. All wireless communication facilities shall blend into the surrounding environment through the use of color and camouflaging architectural treatment, except where the color is dictated by the FCC or FAA.
         (d)   Advertising prohibited. No advertising is permitted anywhere upon or attached to the wireless communication facility.
         (e)   Illumination of antenna support structures. Antenna support structures/towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the FAA or other federal or state authority.
         (f)   Co-location. All wireless communication facilities shall be subject to the co-location requirements set forth in division (BB)(6).
         (g)   Abandonment. All wireless telecommunication facilities shall be subject to the abandonment requirements set forth in division (BB)(7).
         (h)   Setback requirements for wireless communication facilities (WCF):
            1.   Wireless communication facilities. Minimum setbacks for these facilities are the same as underlying zoning districts.
            2.   Broadcast and other facilities. For zoning districts CBD, MU, C-1, C-2, C-3, SC, BP and IP, the setback requirements are 30% of the support structure height, but not less than the minimum setbacks of the underlying zoning district.
            3.   Guy wires. Setbacks for guy wires are the same as the minimum setbacks for the underlying zoning district.
            4.   Security enclosure required. All towers and equipment shelters shall be enclosed either completely or individual as determined by the Zoning Administrator. The town and co-located carriers shall have reasonable access. No fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure. Dependent on the location, plants or landscaping may be required as a buffer around the perimeter of the security enclosure as deemed appropriate by the Zoning Administrator.
            5.   Existing vegetation. Existing vegetation (trees, shrubs, etc.) shall be preserved to the maximum extent possible.
      (6)   Co-location requirements.
         (a)   Any antenna support structure/tower erected for commercial purposes shall be designed to permit future co-location of facilities. No proposed antenna support structure/tower shall be erected unless such structure is capable of supporting a minimum of one additional carrier's wireless communication facility.
         (b)   Commercial carriers who own an existing support structure shall negotiate in good faith with other carriers that request co-location. Documents showing good faith efforts to co-locate shall be provided by the applicant.
         (c)   Carriers who co-locate on an approved antenna support structure are not subject to the conditional use permit requirements of this section. The application may be approved by the Zoning Administrator if all other requirements of this section are met.
      (7)   Abandoned facilities. A wireless communication facility shall be considered abandoned after 60 consecutive days of non-use. The town may seek to revoke the conditional use permit by the same process with which it was approved.
      (8)   Application process.
         (a)   Applications for wireless communication facilities and major additions or modifications to existing facilities shall include:
            1.   Copies of the proposed site plan as required by the Zoning Director (may be submitted electronically) specifying the location and legal description of the site: on site land uses and zoning; adjacent roadways; access and parking; vegetation and landscaping to be added, retained, replaced or removed; setbacks; and the location of the facility, including all related improvements and equipment.
            2.   A vicinity map specifying adjacent properties, land uses, zoning and roadways within 300 feet of the proposed facility. Elevation drawings of the proposed facility specifying all antennas, antenna support structures / towers, structures, equipment facilities, fencing, screening, landscaping, lighting and other improvements related to the facility, specifying materials, placement and colors.
            3.   Photorealistic image of the proposed site after antenna support structure erection demonstrating the true impact of the facility on the surrounding visual environment. The Zoning Administrator may request photorealistic images of the site from specific vantage points. This requirement does not apply to facilities permitted under the administrative review process, unless requested by the Zoning Administrator.
            4.   A report shall be prepared describing the facility and why it is needed, the technical and economic reasons for the site design and location, and the quantity of antenna arrays the structure can support.
         (b)   A report shall be prepared that addresses the evaluation criteria. The criteria used in evaluation shall consist of the following:
            1.   Description of the facility and why it is needed;
            2.   Technical and economic reasons for the site design and location; and
            3.   The quantity of antenna the structure can support.
         (c)   A detailed inventory of all the carrier's existing and approved facilities within the town and within five miles of the corporate boundaries.
      (9)   Application review.
         (a)   Administrative review. Applications for proposed camouflaged wireless communications facilities and co-location of wireless communication facilities which do not change the antenna support structure height are subject to administrative review. The applications shall be examined for conformance to the requirements in this section by the Zoning Administrator. The Zoning Administrator, within 21 days of receipt of the application, shall render a decision to approve, deny or delay approval of the proposed wireless communication facility. Any decision to delay approval or deny a request shall be in writing and shall include specific reasons for the action. If the applicant has not been notified in writing of a decision after 21 days the application will be deemed approved. A decision by the Zoning Administrator may be appealed by the applicant within 30 days to the Board of Adjustment. The fee for administrative review of a proposed wireless facility shall be collected when the application is submitted.
         (b)   Except for administrative review of camouflaged facilities and co-location of facilities, all proposals for wireless communication facilities shall be processed under the requirements of § 152.091.
         (c)   Access control and emergency contact. No trespassing signs shall be posted around the wireless communication facility as deemed appropriate, along with emergency contact telephone number.
   (CC)   Multi-family use in certain single-family residential zones. Multi-family dwelling may be conditionally permitted, pursuant to a conditional use permit in accordance with the standards in § 152.091, in R1-12 or larger single-family residential zones to accommodate the reuse development of property that otherwise could not reasonably be developed under the regulations contained in this chapter or other titles adopted by the city.
      (1)   Factors. Multi-family development, pursuant to this section shall not be approved by right, but may be allowed after considering the following:
         (a)   Building was occupied as a residential unit prior to the adoption of the zoning code April 13, 2020, occupancy to be verified by utility service to building;
         (b)   A multi-family use pursuant to this section will only be considered for approval in the area of the original Short Creek Subdivision (SCSD) sheets 5-28 recorded September 26, 2017, and not in any other parcels or developments; and
         (c)   Multi-family use, pursuant to this section, will not be approved in any new single-family subdivisions even in the area of SCSD sheets 5-28 recorded September 26, 2017.
      (2)   Development standards. When multi-family dwellings are permitted pursuant to this section, they shall be subject to the following conditions:
         (a)   The proposed use shall be residential units;
         (b)   The overall size of the finished building shall not increase the residential area for the total building by more than 10%;
         (c)   Additional residential buildings will not be permitted on the parcel, with the exception of an auxiliary dwelling unit(s) that would otherwise be permitted in the single-family zone;
         (d)   A site plan, meeting the development standards of the town, will have to be completed and approved per § 152.095 prior to issuance of a building or remodel permit;
         (e)   The finished structure will have to meet the applicable building and fire codes for the size and number of residential units created; and
         (f)   Clear address signage shall be installed in compliance with the town addressing regulations.
(Ord. 2020-02, passed 4-13-2020; Am. Ord. 2021-05, passed - -; Am. Ord. 2024-16, passed 9-16-2024)

§ 152.046 ACCESSORY BUILDINGS, STRUCTURES AND USES.

   (A)   Purpose. The purpose of this section is to identify and regulate accessory buildings, structures and uses in all zoning districts that are incidental and customarily subordinate to principal uses.
   (B)   Establishment of accessory buildings, structures and uses.
      (1)   All principal uses allowed in a zoning district shall be deemed to include those accessory buildings, uses, structures, and activities typically associated with the use as described in the principal uses definition provided in §§ 152.135 through 152.137, unless otherwise specified or specifically prohibited within this section.
      (2)   Accessory buildings, uses or structures not specifically defined within this code, shall be subject to § 152.026(C)(7) and § 152.027(C)(7).
      (3)   No accessory building, structure, use or conditional use, shall be erected or permitted on any lot or parcel until the principal building or use has been established or erected; unless both principal and accessory buildings and conditional uses are being established simultaneously.
   (C)   General development standards for accessory buildings, structures and uses.
      (1)   Unless otherwise expressly stated, accessory buildings, structures and uses are subject to the same lot and building regulations as apply to principal uses and buildings.
      (2)   Accessory structures and uses should be similar in color to the principal structure.
      (3)   Accessory buildings and structures, except for accessory dwelling units defined in § 152.046(F)(1), shall not be used for living or sleeping quarters.
      (4)   If the principal building or use is destroyed, removed or ceases to exist, the utilization of the accessory building, use or structure shall no longer be allowed.
      (5)   In the case of any conflict between the accessory building, use or structure standards of this section and any other requirement of this code, the more restrictive standards shall control.
   (D)   Location standards for accessory buildings, structures and uses.
      (1)   Accessory uses and structures must be operated and maintained under the same ownership and located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
      (2)   Accessory buildings, uses or structures shall not be erected in any right-of-way, easement, street side yard building setback, or required front yard setback.
      (3)   No accessory building (e.g. freestanding garage, carport, workshop, pool house, etc.) shall be located within six feet if fire rated and ten feet if not fire rated of the site's principal building. If attached by any part of a common wall or covered roof to the principal building, said building shall be deemed a part of the principal building and shall conform to the development standards of the principal building.
      (4)   Accessory structures (e.g. fence, deck, trellis, sun shade, etc.) may be attached or detached from the principal building. All required separation for applicable building and fire codes shall also be met.
      (5)   The accessory building, use or structure shall have a setback of at least three feet if fire rated and five feet if not fire rated from every side and rear property line, except that the setback shall be the same as required for the principal building in the zoning district in which the accessory building or structure is located whenever the accessory building or structure exceeds 15 feet in height.
         (a)   Exceptions. The following structures are exempt from the accessory structure setback requirements:
            1.   Movable structures, for single-family residential lots, such as children's play equipment, trash enclosures, tool sheds, and pet shelters may be placed within a required rear or side yard setback without limitation on location, provided in no event shall the roof of said structures be designed to allow water to drain onto adjacent property.
      (6)   In the AR-5, RE-1A and RE-2A zoning districts, the accessory building, use or structure shall have a setback of at least three feet if fire rated and five feet if not fire rated from every side and rear property line and shall meet the front setback if located in the required front yard.
   (E)   Size standards for accessory buildings and structures.
      (1)   The maximum gross floor area of any accessory building or structure shall not exceed the building footprint of the principal building. However, the provisions of this division shall not apply to the AR-5, RE-1A, RE-2A or Commercial and Industrial Zoning Districts, which may exceed the building footprint of the principal building.
      (2)   Both principal and accessory buildings/structures together must comply with the applicable lot coverage requirements established by this code.
   (F)   Additional standards for specific accessory buildings, structures and uses.
      (1)   Accessory dwelling unit.
         (a)   No more than one accessory dwelling unit may be located on any lot.
         (b)   For residential uses, an accessory dwelling unit shall be permitted only on a lot having 12,000 square feet or more in area. The accessory dwelling unit shall have an architectural design and exterior building materials that are compatible with the principal building.
         (c)   Accessory dwelling units shall be single level and not exceed 50% of the size of the primary dwelling with a maximum size of 900 square feet on 12,000 square foot lots and 1,200 square feet on lots larger than 12,000 square feet.
         (d)   Mobile homes, and recreational vehicles shall not be used as accessory dwelling units.
         (e)   The accessory dwelling unit and the principal residence shall share utilities. Separate utility meters shall not be allowed.    
         (f)   At least one off-street parking space shall be provided for each accessory dwelling unit.
      (2)   Watchman's quarters. In order to provide increased security within the industrial zoning districts a watchman's quarters may be provided as an accessory use under the following conditions:
         (a)   Watchman's quarters shall only be permitted within the BP, SC and IP zoning districts subject to the approval of a conditional use permit. Before granting a CUP, the Council shall determine that there is a direct link to the principal use and there is a bona fide need for the increased residential presence. Additional conditions of approval beyond those listed in this section may be required to ensure compatibility with adjacent uses;
         (b)   The watchman's quarters must clearly be accessory to the principal use, which must also be active at the time of CUP application and approval;
         (c)   Only one watchman's quarters per lot shall be permitted;
         (d)   Watchman's quarters shall be attached units and must be an integral part of the principal building and may not exceed 40% of building floor area, with a maximum quarter's size of 1,000 square feet;
         (e)   Watchman's quarters shall meet fire code, residential building code and any other applicable codes or regulations;
         (f)   A watchman's quarters shall consist of sleeping, kitchen, and bathroom facilities, and for the purposes of this section shall not be considered an accessory dwelling unit;
         (g)   There shall be no payment of rent by the occupant of the quarters;
         (h)   The watchman's quarters and the principal building or use shall share utilities. Separate utility meters shall not be allowed;
         (i)   At least one off-street parking space shall be provided for a watchman's quarters; and
         (j)   If the principal building or use is destroyed, removed or ceases to exist, the utilization of the watchman's quarters shall no longer be allowed.
      (3)   Store/stay quarters.
         (a)   Store/stay quarters shall only be permitted for individual storage spaces located within an indoor storage (boat, RV) facility in the C-2, C-3 and SC zoning districts subject to the approval of a conditional use permit.
         (b)   A store/stay quarters conditional use permit shall only be issued to the property owner of the storage facility.
         (c)   Store/stay quarters shall only be used by the storage facility owner, members of the owner's immediate family, or a registered lessee of the storage/stay quarters.
         (d)   The store/stay quarters shall be occupied for less than 120 days per calendar year.
         (e)   Shall not exceed 25% of the storage unit's gross floor area, with a maximum quarter size of 800 square feet.
         (f)   Store/stay quarters shall not at any time be used as a vacation rental, or any other type of rental.
         (g)   Store/stay quarters shall meet fire code, residential building code and any other applicable codes or regulations.
         (h)   Owner shall sign an acknowledgement that the use is located in a non-residential zoning district, in which there may be noise and traffic commonly associated with service type commercial uses.
         (i)   Any additional parking needs shall be provided off-street.
         (j)   There shall be no outdoor yard, patio, deck, or living space.
         (k)   The exterior of all storage buildings and individual units shall be clearly marked with a unique identifier that can be utilized by occupants and emergency responders to efficiently locate each unit.
      (4)   Employee/contractor quarters.
         (a)   Employee/contractor quarters shall only be permitted as an accessory use in Service Commercial (SC) and Industrial Park (IP) Districts subject to the approval of a conditional use permit.
         (b)   Employee/contractor quarters shall be provided by the employer only and operated in direct connection with the work of the principal use, which must be active at the time of CUP application and approval. Employee/contractor quarters shall also not be converted to any other use without prior approval of an amendment to the CUP.
         (c)   Employee/contractor quarters shall not, at any time, be used as a vacation rental, or any other type of rental.
         (d)   Employee/contractor quarters shall meet fire code, residential building code and any other applicable codes or regulations.
         (e)   Each employee/contractor quarters shall be subject to the development standards of the base zoning district (e.g. setbacks, height, lot coverage, etc.).
         (f)   The minimum floor area used for sleeping purposes shall be 50 square feet for each occupant.
         (g)   At least one parking space per unit or one space per three beds, whichever is more, shall be provided.
         (h)   Employee/contractor quarters shall be occupied for less than six months per calendar year.
         (i)   If the principal use is destroyed, removed or ceases to exist, the utilization of the employee/contractor quarters shall no longer be allowed.
      (5)   Cargo containers.
         (a)   Please note: this section does not prevent the use of cargo containers for construction. Refer to the building code for allowed building materials.
         (b)   Cargo containers are permitted as an accessory use in AR-5, RE1, RE2, R1-20 Community Commercial (C-2), Regional Commercial (C-3), Service Commercial (SC), Industrial Park (IP) and Airport Property (AP) Zoning Districts subject to the following conditions:
            1.   A building permit shall be obtained at the Community Development Department prior to installing a cargo container as a permanent accessory use. Temporary placement of cargo containers, solely used for the transport of goods, in conformance with permitted uses of the subject property shall not require a building permit.
            2.   Cargo containers shall be located on the side or rear of the principal building and must meet all development standards including setbacks, lot coverage and height regulations for the zoning district in which it lies and must also meet fire code requirements for placards as is necessary.
            3.   Cargo containers may not occupy any required off-street parking spaces with the exception of temporary use during construction activities authorized by a town building permit.
            4.   Cargo containers may not be stacked, except when used for cargo purposes in the IP District.
            5.   Cargo containers shall not be connected to any utilities.
            6.   Licensed building contractors may use cargo containers in any zoning district for temporary storage of equipment and/or material at a construction site that has a valid building permit.
            7.   Cargo containers shall be painted in an earth tone color, shall not be used for advertisement, and shall be screened from public view with landscaping or an opaque screen wall/fence, as determined by the Zoning Administrator.
            8.   Containers that are designed to be used for storage and appear to be cargo containers, yet do not meet the specifications for commercial shipping, packing or transportation of freight, shall comply with the requirements of this section.
      (6)   Domesticated animals.
         (a)   Permitted in any zone. The keeping, in connection with each permitted dwelling, of not more than three pets, such as dogs, cats, and similar household pets, exclusive of animals under the age of six months, and exclusive of birds, fish and other pets which at all times are kept within a fully enclosed building or accessory building and which do not create odor or sound which is detectable on an adjoining lot.
         (b)   The keeping of large livestock is allowed in the AR-5, RE-2A and RE-1A zoning districts. Large livestock shall be limited to four large animals per acre. Any shelter, stables, stalls, corrals, or pens for the animals shall adhere to the same development standards as required for the principal use in the zoning district in which the animals are located.
         (c)   Chicken hens and pullet are allowed in all residential zoning districts subject to any applicable health, sanitation, and nuisance laws. Roosters shall only be allowed in the AR-5, RE-2A, RE-1A and R1-20 zoning districts. Chickens shall be kept within enclosed coops, pens, or cages that comply with all applicable accessory provisions of § 152.046. All lots under 10,000 square feet shall be limited to no more than five chickens per lot. Water used to clean coops, pens, or cages must not be allowed to flow onto adjacent properties.
         (d)   Places where animals are kept shall be maintained so that flies, insects, or vermin, rodents, odors, ponded water, the accumulation of manure, garbage, refuse or other noxious material does not disturb the peace, comfort, or health of any person.
         (e)   No person shall keep or maintain any poisonous reptile, or dangerous, carnivorous, wild exotic animal without having approval from the Arizona Game and Fish Department and meeting all county and town animal control regulations. The animals or reptiles shall be safely penned or caged and kept in accordance with all requirements of state, county and town regulations.
      (7)   Home occupations. A home occupation shall be considered a permitted accessory use in all residential zoning districts provided that they do not change the character of the surrounding residential area by generating more traffic, noise, odors, visual impacts, or storage of materials than would normally be expected in a residential zoning district, and if it complies with the following regulations:
         (a)   All home occupations shall be clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes. A valid town business registration shall be maintained for the home occupation use.
         (b)   Each dwelling unit shall be limited to one permitted home occupation. Any additional home occupations shall require a conditional use permit.
         (c)   All home occupations shall be conducted entirely from within the principal residence or enclosed accessory buildings (i.e. detached garage) except for home occupations that require the use of accessory structures allowed within the subject zoning district (i.e. the use of swimming pools for swimming lessons, play structures for day care, or horse corrals for horseback riding lessons) as long as they do not create a noxious environment for neighboring properties.
         (d)   Areas devoted to the home occupation use shall maintain a residential character and appearance.
         (e)   There shall be no employees of the home occupation other than persons residing in the dwelling unit where the home occupation is being operated.
         (f)   There shall be no external evidence of the home occupation such as greater volumes of traffic, noise, dust, odors, fumes, vibration, electrical interference or fluctuation or other nuisances discernible beyond the property lines than would normally be expected in a residential neighborhood.
         (g)   A home occupation shall not be conducted in a way that is perceptible in external effects (such as but not limited to noise, odors, traffic) from beyond the property line between the hours of 8:00 p.m. and 6:00 a.m. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street that causes noise to adjoining residents.
         (h)   There shall be no use of show windows, business display or advertising visible from the exterior of the building, except as is specifically permitted in § 152.058, that indicates the premises are being used in part for any purpose other than a dwelling.
         (i)   The home occupation shall not result in excess generation of solid waste or use of utilities and public facilities in amounts greater than normally provided for residential use.
         (j)   Any parking incidental to the home occupation shall be provided only in the residential driveway, subject to compliance with the off-street parking requirements of § 152.056.
         (k)   The home occupation shall not involve the parking or storage of more than two vehicles having a gross vehicle weight over 10,000 pounds on the lot or on adjacent streets at any period of time. However, in the AR -5, RE-2A and RE-1A zoning districts, the parking and storage of up to two vehicles, directly related to the home occupation, with a gross vehicle weight of more than 10,000 pounds shall be allowed within a fully screened side or rear yard.
         (l)   Storage of goods and materials necessary for the home occupation shall be fully enclosed within a building or structure.
         (m)   The following are examples of uses which would be acceptable as home occupations provided they comply with the above regulations:
            1.   Home offices with little or no client visits to the home;
            2.   Catering for off-site consumption;
            3.   Personal services such as a beauty shop, barbershop, and seamstress;
            4.   Artists, sculptors, jewelry makers, and composers not selling their artistic product to the general public on the premises;
            5.   Fine arts lessons (music, art, crafts, dance), tutoring and swimming lessons;
            6.   Tax preparation;
            7.   Computer programing and software development; and
            8.   Day care (maximum of four persons).
         (n)   A home occupation shall not include, but shall not be limited to, the following uses:
            1.   Medical offices, clinics, and laboratories, except for psychologists, speech therapists, acupuncturists, and other professionals with one-on-one counseling, therapy, or treatment that do not exceed six clients within 24 hours;
            2.   Motor vehicle sales, repair, painting, storage, restoration or conversion, engine repair or similar uses conducted outside and/or on vehicles not registered to a person currently residing at the home;
            3.   Veterinarian office or animal care kennels or boarding facilities. Except in the AR-5, RE-2A and RE-1A zoning districts such uses may be permitted by conditional use permit;
            4.   Welding or machine shop;
            5.   Restaurants; or
            6.   Body piercing and/or tattoo studio.
         (o)   Complaints by citizens or local residents may be cause for termination of the home occupation.
            1.   All complaints or violation of the above conditions shall be registered with and reviewed by the Zoning Administrator.
            2.   The burden of proof shall be upon the home occupation to prove that the standards of this section are being met, especially regarding possible nuisances and traffic.
            3.   If appropriate measures cannot be undertaken to mitigate the complaint or violations, the Zoning Administrator may determine that a particular type or intensity of use is unsuitable to be a home occupation and require termination of the use. Appeals of the Zoning Administrator's decision can be made to the Board of Adjustment.
      (8)   Outdoor display and sales.
         (a)   Outdoor display and/or sale of merchandise may be allowed as an accessory use for all commercial, mixed-use and industrial uses, provided that the display meets the following guidelines and regulations:
            1.   Outdoor display and/or sale area shall be clearly defined on a site plan and approved by the Zoning Administrator and may be subject to appropriate conditions by the Administrator to ensure compliance with the provisions of this division.
            2.   Exceptions. A permanent outdoor retail display area which is an integral part of a business, including but not limited to, garden centers and auto, boat, and RV dealership display lots shall obtain site plan approval with all applicable development/improvements.
         (b)   Shall be a fixed location that does not disrupt the normal function of the site or its circulation, and does not encroach upon required driveways, landscaped areas, parking lots, sidewalks, loading zones, or fire lanes. Displays shall not obstruct any entrance to a building or traffic safety sight areas or otherwise create hazards for pedestrian or vehicle traffic.
         (c)   Display/sale of goods shall not be in any public right-of-way.
         (d)   Shall directly relate to a business occupying a permanent structure on the same site, and shall display only goods of the primary business on the same site, unless associated with a non-profit organization.
         (e)   Shall be limited to the hours of operation of the business and portable and removed from public view at the close of each business day, unless otherwise permitted through the site plan or development review process.
         (f)   No merchandise shall be affixed to the exterior of a building or displayed so as to impede or interfere with the reasonable use of the store front windows for display purposes.
         (g)   Shall be managed so that display structures and goods are maintained at all times in a clean and neat condition, and in good repair.
         (h)   All signage shall adhere to § 152.058.
      (9)   Outdoor storage. Outdoor storage associated with an on-site primary use is permitted subject to the following conditions; however, the provisions of this division shall not apply to outdoor storage associated with industrial or agricultural uses:
         (a)   Storage areas must be fully screened from view by an opaque fence or concrete/masonry block wall that is no less than six feet, but no more than eight feet in height. A landscaped earthen berm may be used instead of or in combination with a required fence or wall;
         (b)   The storage area screen fence/wall shall incorporate exterior colors and/or finishes to match the primary building;
         (c)   Stored materials shall not exceed the height of the lowest screen fence/wall, except as provided elsewhere in this chapter;
         (d)   Storage area gates must be opaque;
         (e)   Storage areas shall be paved with concrete, asphalt, pavers, or gravel;
         (f)   Storage areas shall not be located within a required off-street parking or loading area; and
         (g)   No storage of any items may occur within the front setback area or within the street side yard building setback.
      (10)   Outdoor musical entertainment. Outdoor musical entertainment is permitted in non-residential zones subject to the following:
         (a)   A business or property desirous of providing outdoor musical entertainment shall be required to obtain a conditional use permit. The permit shall be personal to the permittee and applicable only to the specific business/property identified and shall not be transferable. A new conditional use permit shall be obtained if the business/property is sold, leased, or conveyed by the permittee; or if the permittee moves to a new location.
         (b)   Outdoor musical entertainment conditional use permits shall be subject to an annual review, based on the initial approval date, to ensure the use is conducted in accordance with all of the terms, conditions and restrictions of this chapter, the approved CUP or any other applicable laws. If the use is found to be in compliance, an administrative renewal shall be issued by the Community Development Department. Any use found to be in violation of the terms, conditions, or restrictions of this chapter, the CUP or any other applicable laws shall be subject to revocation and scheduled for a formal public hearing in accordance with §§ 152.085 through 152.096. Following the formal public hearing process, the Town Council may elect to renew, renew with additional stipulations, or revoke the CUP.
         (c)   Amplified outdoor musical entertainment, live or recorded, shall not be permitted within 600 feet of a single-family residentially zoned property.
         (d)   Outdoor musical entertainment will not be permitted within public rights-of-way.
         (e)   Outdoor musical entertainment will be limited to the hours of 8:00 a.m. to 11:00 p.m.
         (f)   No retail or wholesale over-the-counter sale of goods or products are permitted to be sold in conjunction with the entertainment, other than the products or service being provided by the permitted business, unless accompanied by an Arizona Transaction Privilege Tax License.
         (g)   The performer will not use in their show any flammable items, fireworks, electronic light displays, or laser-operated device.
         (h)   Outdoor musical entertainment shall be restricted to music or singing which is not excessive or disturbing to the community as prescribed by § 130.26.
         (i)   If the sound is of sufficient volume and duration that it would cause discomfort or annoyance to a reasonable person of normal sensitivities, it shall be prohibited.
      (11)   Outdoor vehicle parking and storage. The intent of outdoor vehicle parking and storage standards is to protect the health, safety, and welfare and ensure neighborliness and aesthetic quality for the residents and business owners within the town's zoning jurisdiction. The following standards apply:
         (a)   Non-Residential Districts. The on-site outdoor storage of any personal vehicles, commercial vehicles, a boat and trailer, recreation vehicle, motor home, truck tractor, semi-trailer, trailer or equipment of a similar nature when it is not associated with the business of the property shall be prohibited in the front setback area. Storage of such personal vehicles is permissible in an interior side yard or rear yard when screened by a solid six foot tall, or higher, fence, wall or landscape barrier.
         (b)   Residential Districts.
            1.   No person shall store any vehicle not owned or leased by that person or a member of that person's family, or household, on any property in a Residential District.
            2.   In all Residential Districts, it shall be prohibited for any person to park or store any personal vehicle having a gross vehicle weight rating (GVWR) exceeding 14,000 pounds, except:
               a.   Temporary parking is permitted for the purpose of delivery or the loading and unloading of household or permitted home occupation goods;
               b.   There shall be no GVWR limit for any personal vehicle parked in the side, street side, or rear yard setback area when screened by a solid six foot tall fence, wall, and/or landscape barrier;
               c.   The parking and storage of recreational vehicles shall be subject to § 152.046(F)(14); and
               d.   Parking in residential districts shall also be subject to § 152.056(J).
            3.   In all Residential Districts, parking or storage of a commercial vehicle shall be limited to one commercial vehicle with a maximum GVWR of 14,000 pounds in the front, side, street side, or rear yard setback area.
      (12)   Vehicle service. No person shall dismantle, repair, restore or otherwise perform any work on any vehicle, machine, motor, or similar device not owned or leased by that person or a member of that person's family, or household, on any property in a Residential District. In addition, any work performed beyond basic maintenance (tune-ups, service of fluids, replacement of minor parts) shall be:
         (a)   Incidental to a permitted use and completely within a garage or carport, or
         (b)   Completely within a paved concrete, asphalt, pavers, or gravel area wholly enclosed from the view of surrounding properties and rights-of-way by a solid structural barrier (either a wall or fence of ornamental block, brick, wood, or combination of those materials) of six feet in height.
      (13)   Inoperable or unregistered vehicles. Any personal vehicles, commercial vehicles and/or personal recreational vehicles, motor homes, utility trailers, camp trailers, boats and similar equipment which is inoperable and/or unregistered shall be parked or stored consistent with the following standards:
         (a)   Parking of operable vehicles, trailers, and vessels with registration expired three months or less is permissible under a carport, in a garage, or in an interior paved concrete, asphalt, pavers, or gravel side yard or rear yard area when screened by a solid six foot tall fence, wall or landscape barrier. No parking of inoperable or unregistered vehicles shall be allowed in the required front yard setback or street side yard setback.
         (b)   Inoperable vehicles, trailers, and vessels and/or those vehicles, trailers, and vessels with registration expired for a period greater than three months shall be stored in a garage or an interior paved concrete, asphalt, pavers, or gravel side yard or rear yard area when screened by a solid six foot tall fence, wall or landscape barrier. No parking of inoperable or unregistered vehicles shall be allowed in the required front yard setback or street side yard setback.
      (14)   Recreational vehicle parking and storage. The parking and/or storage of recreational vehicles, campers, travel trailers, motor homes, boats and personal recreational vehicles and trailers is permitted on any residential lot, subject to the following:
         (a)   Such equipment shall adhere to the provisions of § 152.046(F)(11) and § 152.056(J).
         (b)   Parking or storing in a required front yard or street side yard setback area shall be prohibited unless all of the following conditions exist:
            1.   The vehicle does not exceed a gross vehicle weight rating (GVWR) of 14,000 pounds;
            2.   The vehicle is parked on the designated driveway that provides direct access to the garage from the street or on an improved area having an asphalt, concrete, rock, gravel or other similar surface which is intended for the parking of vehicles;
            3.   The vehicle does not extend over a sidewalk or street;
            4.   The vehicle is fully operable and legally registered; and
            5.   No more than two such vehicles or trailers are parked or stored in the combined front or street side yard setback areas.
         (c)   There shall be no GVWR limit for any such equipment parked or stored in the side, street side, or rear yard setback area when screened by a solid six foot tall fence, wall, and/or landscape barrier as approved by the Zoning Administrator. Such equipment shall be parked or stored so as to maintain a minimum three-foot clearance on at least one side yard for emergency access.
         (d)   Temporary parking of recreational vehicles/trailers or recreational vehicles that exceed a gross vehicle weight of 14,000 pounds in a required front or side yard setback, driveway is permitted for loading/unloading or repairs for no more than 72 hours within seven consecutive days. The Zoning Administrator may authorize a longer period of time if an emergency exists, up to a maximum of five days.
         (e)   Such equipment shall be prohibited for human occupancy as a permanent residence. Temporary occupancy is allowed for periods of no more than 72 hours within seven consecutive days. Any temporary occupancy that exceeds this allowed period shall be required to obtain a temporary occupancy permit from the Community Development Department and shall be limited to four weeks per 12 month period. See § 152.047 for additional provisions and exceptions.
         (f)   Such equipment shall not be used for storage of goods, materials, or equipment other than those items considered to be a part of the recreational vehicle or essential for its use as a recreational vehicle.
      (15)   Alternative energy systems.
         (a)   Alternative energy systems, other than utility-scale (major) electrical generating facilities, may be administratively approved as an accessory use within any zoning district, subject to approval of a building permit and meeting any applicable federal, state, county or town regulations.
         (b)   Alternative energy systems may be located on a parcel in a manner consistent with any development standard (i.e. setback, height, lot coverage) or accessory structure regulation (i.e. location standards) in the respective zoning district in which the parcel is located.
         (c)   As part of the building permit review process, the Building Official may require that design plans and an engineering report (e.g. mechanical/electrical/structural), prepared and certified by an Arizona licensed professional engineer, be included as a part of the building permit submittal.
(Ord. 2020-02, passed 4-13-2020)

§ 152.047 TEMPORARY USES AND STRUCTURES.

   (A)   Purpose. This section allows for the establishment of temporary uses and/or activities that might not meet the normal development or use standards of the applicable zoning district, but may be considered acceptable because of their temporary nature. These activities are regulated to ensure that basic health, safety, and community welfare standards are met, while also ensuring compatibility is maintained between the proposed activity and surrounding areas.
   (B)   Temporary use approval. All allowed temporary uses shall obtain a temporary use permit, (unless otherwise stated in division (C) of this section or exempt as identified in division (D) of this section), pursuant to § 152.092, of this chapter and provided that the temporary use complies with the standards and/or conditions specified in division (C) below.
   (C)   Allowed temporary uses and structures.
      (1)   All temporary uses and structures, unless otherwise specified, shall comply with the dimensional and development standards of the zoning districts in which they are located. In the case of any conflict, the more restrictive standards, as determined by the Zoning Administrator, shall apply.
      (2)   A construction trailer/yard may be permitted in any zoning district during the construction of a permanent building when a valid building permit is in effect, provided the following conditions are met:
         (a)   The uses are only associated with the developer/owner and subdivision or project in which they are located.
         (b)   Off-street parking shall be provided for the office and construction staff.
         (c)   Such structures and uses shall be located on the site no more than 30 days prior to the start of construction and removed no more than 30 days after completion of the project or expiration of the approved TUP, whichever occurs first. Unless satisfactory evidence is provided by the property owner/contractor justifying the need for the extension of these time limitations.
         (d)   The construction trailer/yard complex shall be permitted for no longer than one year from the date of such approval, and may be renewed for like periods thereafter upon submittal of satisfactory evidence from the property owner indicating that the need for the use continues to exist on the property.
      (3)   A temporary sales office, leasing office or model home may be permitted, provided the following conditions are met:
         (a)   Such offices shall be located on the property being offered for sale or lease. The temporary structures use shall be limited to the sale or lease of on-site subdivided lots, dwelling units, or other types of on-site real property.
         (b)   Off-street parking shall be provided for the sales office or model home.
         (c)   All structures must meet all building code and permit requirements for the appropriate category of construction.
         (d)   Any temporary use permit (TUP) approved for such office shall be limited to a period of time not to exceed two years from the date of issue and said permit may be renewed for like periods thereafter if the real property being offered for sale or leased on the site has not been sold or leased.
         (e)   Upon sale of the development, cessation of the need for the use (90% buildout) or termination of TUP, whichever comes first, all modifications to structures and uses shall be removed.
      (4)   Carnivals, circuses, concerts, revivals, rodeos and similar activities may be permitted, provided the following conditions are met:
         (a)   A temporary use permit (private property) shall be obtained or a special event permit when the event is on town property.
         (b)   Staff shall ensure that health and fire safety is considered and shall solicit the comments of the County Health Department and Fire Chief/Marshal as necessary.
         (c)   Staff shall ensure that land area is adequate for the proposed use's parking; and shall ensure that traffic safety is considered.
         (d)   Staff shall require measures to adequately protect surrounding property.
         (e)   Permanent structures shall not be allowed.
         (f)   A special events permit or a temporary use permit shall pertain to the allowable activity permitted during the time limit of the permit. A change in ownership or sponsor applicant for the same activity during the time limit of the permit shall not constitute grounds for extending the time granted for the activity in the original permit.
      (5)   Outdoor vendor may be permitted, provided the following conditions are met:
         (a)   The provisions of this division shall not apply to any event located on town owned property or authorized by any other permit issued by the town, such as a farmer's market, temporary; an authorized festival; very short duration, primarily non-profit uses such as lemonade and Girl Scout cookie stands; a school facility event, or recreational event if the vendor is in partnership with the organization conducting the event and is located on the site of the event.
         (b)   Outdoor vendors shall only be permitted to operate on town specified property or on private property in commercial and mixed-use zoning districts or the SC zoning district.
         (c)   Outdoor vending businesses are considered to be temporary in nature and are not to be placed in a permanent way on a property.
         (d)   Outdoor vending will only be permitted on properties that have been established with principal uses.
         (e)   All signs shall be affixed to the vending cart, stand or stall. Stand-alone signs on any one side of the cart, stand or stall, shall be approved as part of the TUP process. This type of sign will not require the issuance of a separate sign permit.
         (f)   Vending carts, stands or stalls shall not block a driveway, sidewalk or other point of emergency vehicular access, including emergency access points.
         (g)   Vending carts, stands or stalls shall be located outside any public sidewalk or nine feet from any street edge unless otherwise permitted. If located near a street intersection, the vending cart, stand or stall must maintain a visibility triangle per town code.
         (h)   Vending carts, stands or stalls located in parking areas shall not reduce the number of parking spaces required for the principal use. Additional off-street parking spaces must be provided for all employees of the outdoor vending operation unless employees arrive in the vending cart.
         (i)   Vending carts, stands or stalls shall provide provisions for proper collection and disposal of all solid waste generated by their operation.
         (j)   Vending carts, stands or stalls must be constructed of durable and high-quality materials. Vending carts, stands or stalls must be maintained in good condition and repair. Vending carts, stands or stalls that are in disrepair shall be replaced or removed at the request of the Zoning Administrator.
         (k)   The outdoor vending TUP will be conducted with proper licensing, certification and registration required under the State of Arizona, Mohave County and the town, if required.
         (l)   Every applicant, before being granted a permit for outdoor vending shall submit the following:
            1.   Information providing support that the vending operation is in conformance with the regulations outlined in this section.
            2.   Business registration for vending business and state tax license number.
            3.   If permit will be on town property, proof of liability insurance for $1,000,000 with the town listed as additionally insured.
         (m)   Approval, renewal, and revocation.
            1.   Outdoor vendor temporary use permits shall be subject/stipulated to a specified maximum time period of operation.
            2.   Any use found to be in violation of the terms, conditions, or restrictions of this chapter, the TUP or any other applicable laws shall be subject to revocation.
      (6)   Seasonal and holiday sales, such as Christmas tree or pumpkin sales on any open lot or parking lot in commercial or industrial zones are limited to one sale per calendar quarter, lasting no longer than 45 consecutive days of site occupation and operation.
      (7)   Outdoor arts and crafts shows and exhibits subject to not more than 15 days of operation or exhibition in any 90 day period.
      (8)   Outdoor parking lot sale events sponsored by businesses shall be located on paved areas on the same lot as the structure containing the business holding the event and are limited to one sale per calendar quarter, lasting no longer than one week in duration. Rummage and other outdoor sales sponsored by local non-profit organizations are limited to one sale in each six month period.
      (9)   Farmer's market, temporary subject to not more than two days of operation per seven day period.
      (10)   Stands for the sale of produce products are subject to not more than 36 days a calendar year. Said stands shall not be located within any public right-of-way and shall be kept free of litter and debris. The time provisions of this section do not apply to the sale of produce raised on the premises.
      (11)   A temporary second dwelling unit on a single legal parcel, for guests, relatives, and/or caretakers in a recreational vehicle, for a period of no more than four weeks per calendar year. A temporary occupancy permit must be issued by the Zoning Administrator. The Zoning Administrator may authorize a longer period of time if an emergency exists, up to a maximum of four additional weeks. There shall be no extensions allowed and no re-application permitted within 12 months of the expiration of such permits. Such temporary second dwelling units shall not be used as rentals.
      (12)   Other temporary uses or structures may be approved using the process established in § 152.047.
   (D)   Exempt temporary uses. The following temporary uses and events are exempt from the requirement for a temporary use permit, but may require other town approval to ensure public health, safety, and welfare.
      (1)   Garage sales, yard sales, and the sale of similar home-type products, shall be limited to a maximum of three weekends every quarter in a calendar year per residential location.
      (2)   Events which occur in meeting halls, theaters, or other permanent indoor or outdoor public assembly facilities subject to all applicable regulations of this code.
      (3)   Promotional activities related to the primary product lines of a retail business, and similar activities (e.g. book readings and signings at book stores, opening receptions at art galleries).
      (4)   Emergency public health and safety activities.
      (5)   Temporary nonprofit or fundraising car washes are permitted in non-residential districts.
      (6)   Town sponsored events.
      (7)   Events held on town owned property shall obtain a special event permit.
(Ord. 2020-02, passed 4-13-2020)