Globe City Zoning Code

ARTICLE 14

5.- ZONING DISTRICTS

Sec. 14-5-1.- (OS) Open Space District.

(a)

Purpose and Intent. The Open Space District (OS) is intended to provide areas of open space to serve as a buffer between incompatible land uses and to create a sense of identity by promoting the "green belt" concept. OS Districts are also to be utilized to prohibit development in those areas where flood control, topography, soil bearing capacity, or any other physical conditions make such development detrimental to the health, safety or welfare of the residents of the City.

(b)

Use Regulations.

(1)

Permitted Uses. No building, structure or premise shall be erected, enlarged, structurally altered or used in OS Districts except for the following:

Publicly owned parks and recreation areas and centers.

Governmental office buildings, grounds or other compatible uses.

Museums, observatories, and similar quasi-public facilities.

(2)

Prohibited Uses in (OS) District. All uses not specifically permitted shall be prohibited.

(3)

Uses Subject to Conditional Use Permit. The following uses shall be permitted on property in OS Zoning Districts provided that first a conditional use permit has been obtained for such use pursuant to this Code, and such permit continues in full force and effect:

Golf courses, including club houses, provided that the following conditions are satisfied:

All direct vehicular access shall be from an abutting arterial or collector street;

All principal and accessory buildings, including pools and tennis courts, shall be located not less than 50 feet from any property line;

All commercial uses appurtenant thereto, such as restaurants, pro shops, and cocktail lounges shall have entrances only from within the building, arcade or interior patio; and

There shall be no exterior signage or advertising displays.

Recreational uses.

Commercial radio and television antennas, provided that any such facility shall be located not closer to any property line than a distance equal to the height of the antenna.

(c)

Property Development Standards. Unless otherwise permitted in this chapter, all buildings, structures, premises and property in the OS District shall be conventional construction and meet the following property development standards:

(1)

Lot Area. No minimum lot area.

(2)

Lot Dimensions. Lots within the OS District shall have no minimum dimensional requirements.

(3)

Density and Intensity. The character of openness and spaciousness shall be maintained.

(4)

Maximum Height. No building or structure in the district shall exceed 30 feet in height.

(5)

Setback Requirements. Buildings and structures erected in the OS District shall be setback a minimum distance from the property boundary lines in order to provide for front, rear, and side yards. These minimum distances shall be as follows:

Front Yard: 50 feet.

Side Yard: 50 feet.

Rear Yard: 50 feet.

(6)

Design and Development Standards.

The open space character of the district shall be maintained.

No buildings shall be constructed or maintained within any OS District subject to flood inundation such that said construction or maintenance would, in any way, impede or retard the natural flow of flood or nuisance water as determined by the Building Inspector or Zoning Administrator.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

Sec. 14-5-2. - (RL-43) Rural Zoning District—One acre per dwelling unit.

(a)

Purpose and Intent. This zoning district is intended to provide one-acre lots on which animals may be maintained and accessory uses. The general land use classification for this district is low density residential.

(b)

Use Regulations.

(1)

Permitted Uses. No building, structure or premise shall be erected, enlarged, structurally altered or used in a R1-43 District except for the following:

One single-family dwelling unit of conventional construction or a modular home constructed and/or installed pursuant to Section 14-5-5.

Schools, colleges, and churches or similar places of worship including parish houses, parsonages, rectories, convents, and dormitories accessory thereto. Athletic activities in conjunction with a church or similar place of worship and on the same lot or contiguous lots may be permitted subject to a conditional use permit.

Publicly owned and operated parks, playgrounds, and community buildings and other recreational uses.

Accessory uses and buildings customarily incidental to any use allowed in this section provided that if any accessory building contains sleeping quarters or otherwise constitutes a guesthouse; it shall maintain the side yard otherwise required and shall not be closer that 40 feet to the rear lot line.

Grazing and harvesting of field, tree, or bush crops including flowers.

Sales stands for the sale of farm or ranch products produced on the premises or times similar to those products or related to the sale of these products.

Keeping of livestock or fowl is authorized subject to the following restrictions:

There shall be no more than two horses and/or three other head of livestock maintained on the property for the first one acre of land and not more than two additional head for each additional one-half acre of land owned and operated by the person keeping and maintaining said livestock.

No roosters, rodents, or livestock shall be cooped, stabled, or confined in any building within 100 feet from any residence, dining, or sleeping quarters which may be situated on adjacent land, and all such animals shall be kept in suitable enclosures and shall not be permitted to run at large.

All such enclosures shall be maintained in a sanitary condition.

ii.

The Sanitation Department may impose other rules and regulations approved by Council resolution which shall have the force and effect of law to insure proper sanitary conditions are maintained and to enforce the provisions of the Code. Any violations of any such rule or regulation, after receipt of notice of same, shall be considered a violation of this Code and punishable as such.

All animals allowed to be maintained within the zoning district shall be kept and maintained in such a manner as to not disturb the peace, comfort, and health of any other person residing in the City. It shall be considered a violation of this section if offensive or foul odors or noise are emitted beyond the property boundaries of the premises on which the animals are maintained.

Group homes for the handicapped subject to the following:

No such home is located on a lot within 1,200 feet, measured by a straight line in any direction, of the exterior lot lines of another group home for the handicapped and elderly care or recovery residence, unless separated by a right of way of greater width than 100 feet.

No such home contains more than six residents, excluding care staff.

Such home is licensed by the State of Arizona Department of Health Services.

Such home is registered with, and administratively approved by the Zoning Administrator or designee, as to compliance with the standards of this Code.

All parking for guests and staff shall be located on-site and in compliance with Section 14-7 of this Code.

The Planning and Zoning Commission may approve a home to contain more than six residents through the conditional use permit process if the subject facility:

Is an existing structure.

ii.

Complies with all applicable fire and building code requirements for the occupancy being requested.

iii.

Receives a state license for said occupancy.

iv.

Is found to have adequate access for the additional traffic volumes generated and maintains the surrounding neighborhood character.

Request for accommodation.

If a group home for the handicapped or a recovery residence owner believes any requirement of the zoning code prevents the establishment of such residence, the owner may submit to the Zoning Administrator a written request for accommodation, accompanied by the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the Zoning Administrator to make an individualized determination of the residence needs, to address the City's safety and welfare concerns, and to ensure compliance with this section. The Zoning Administrator shall, in consultation with the City Attorney, review the written request and determine:

(A)

Whether an accommodation should be made pursuant to the requirements of the Federal and State Fair Housing Laws.

(B)

The nature of the accommodation taking into consideration the requirements of the Federal and State Fair Housing Laws, public safety and welfare concerns, and the residential character of the neighborhood.

(C)

The extent of the accommodation required to comply with the Federal and State Fair Housing Laws.

(2)

Prohibited Uses in R1-43 District.

All commercial and business uses, except those specifically permitted as a home occupation.

All manufacturing, warehousing, and wholesaling.

Multiple residence.

Recreational vehicle parks and manufactured home parks.

The keeping or storage of any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding 13,000 pounds.

Uses similar to those listed above in this section as determined by the Zoning Administrator.

(3)

Uses Subject to Conditional Use Permits. The following uses shall be permitted on property in R1-43 Districts provided that first a conditional use permit has been obtained for such use pursuant to the chapter, and such permit continues in full force and effect:

Public and private riding stables and boarding stables providing that the site contains at least five acres and that the building housing animals is set back from all lines a distance of not less than 100 feet.

Corrals for the keeping of horses and other livestock owned by the resident in accordance with all provisions of the City Code regarding setbacks.

Temporary outdoor events such as rodeos, circuses, dances and auctions and other associated activities.

Bed and breakfast uses and day care facilities subject to parking, signage and related restrictions to maintain residential character.

Recovery residence subject to the following:

No such home contains more than six residents, excluding care staff.

All parking for guests and staff shall be located on-site and in compliance with Section 14-7 of this Code.

The Planning and Zoning Commission may approve a home to contain more than six residents through the conditional use permit process if the subject facility:

Is an existing structure.

ii.

Complies with all applicable fire and building code requirements for the occupancy being requested.

iii.

Receives a state license for said occupancy.

iv.

Is found to have adequate access for the additional traffic volumes generated and maintains the surrounding neighborhood character.

The applicant shall submit and maintain compliance with an operations and management plan ("O&MP") in accordance with applicable Arizona Revised Statute. O&MP shall include:

Name and address of the business owner.

ii.

Name, address and telephone number of the property owner and person in control of the property.

iii.

If the business owner and property owner are not the same person or entity, applicant shall provide a notarized letter of authorization from the property owner.

iv.

Emergency contact telephone number.

The number of persons occupying each bedroom.

vi.

Maximum number of occupants.

vii.

A floor plan.

viii.

Resident screening process.

ix.

Guest and resident rules of conduct.

The applicant shall provide a copy of the state license required under A.R.S. § 36-2064(A), as amended.

Request for accommodation.

(A)

Whether an accommodation should be made pursuant to the requirements of the Federal and State Fair Housing Laws.

(B)

(C)

The extent of the accommodation required to comply with the Federal and State Fair Housing Laws.

Elementary and secondary schools (public and parochial); provided that the site shall contain a net land area totaling at least 500 square feet per pupil of anticipated ultimate enrollment and that secondary school sites shall have direct vehicular access to an arterial or collector street.

Recreational uses provided the noise generated will be compatible with the neighborhood and access is from abutting arterial or collector street.

Utility buildings and facilities (but not utility business offices nor repair and/or storage facilities) when necessary for serving the surrounding territory, subject to securing a conditional use permit therefor, and provided, further, that no use permit shall be required for the construction of power or pipe lines necessary to serve the surrounding territory.

(c)

Property Development Standards. Unless otherwise permitted in this chapter, all buildings, structures, premises and property in the R1-43 District shall meet the following property development standards:

(1)

Lot Area. Lots within the (R1-43) Zoning District shall have a minimum area of 43,000 square feet.

(2)

Lot Width. Each lot shall have a minimum width of 145 feet.

(3)

Lot Coverage. The maximum lot coverage shall be 20 percent of the lot area.

(4)

Maximum Height. The height of buildings shall not exceed 30 feet nor two stories.

(5)

Yard Regulations.

Front Yard: There shall be a front yard having a depth of not less than 20 feet.*

Side Yard: There shall be a side yard on each side of a building having a width of not less than 20 feet.

Rear Yard: There shall be a rear yard having a depth of not less than 20 feet.

In addition to the minimum building setbacks, all proposed improvements are subject to adopted building and fire codes.

*Front yard setback may be reduced where the City Engineer has determined through the design and site plan review process (Section 14-9-5 of this Code) that the right-of-way width is excessive and the distance to the fully improved roadway is greater than needed.

(6)

Design and Development.

Walls, fences and hedges not to exceed eight feet in height shall be permitted on the property line or within the required side or rear yard. Walls, fences and hedges shall not exceed three feet in height on the front property line or within the required front yard except as otherwise provided herein. The height of the wall or fence is measured from inside the enclosure.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Res. No. 1856, Exh. A, 5-24-2022; Res. No. 1857, Exh. A, 5-24-2022; Ord. No. 881, § I, 5-24-2022; Ord. No. 882, § I, 5-24-2022)

Sec. 14-5-3. - (R1-9) Single-Family Residential District.

(a)

Purpose and Intent. The Single-Family Residential District (R1-9) is intended to preserve and promote the development of medium density single-family residential neighborhoods. The dominant land use of this district shall be single-family dwellings of conventional construction with other allowed uses dispersed throughout and in proportion to the size of the neighborhood so as to adequately serve the neighborhood.

(b)

Use Regulations.

(1)

Permitted Uses. No building, structure or premise shall be erected, enlarged, structurally altered or used in a R1-9 District except for the following:

One single-family dwelling of conventional construction.

Modular homes on concrete foundations are allowed, though may be prohibited by applicable CC&Rs or deed restrictions.

Accessory buildings; swimming pools, etc.

Group homes for the handicapped subject to the following:

No such home contains more than six residents, excluding care staff.

Such home is licensed by the State of Arizona Department of Health Services.

Such home is registered with, and administratively approved by the Zoning Administrator or designee, as to compliance with the standards of this Code.

All parking for guests and staff shall be located on-site and in compliance with Section 14-7 of this Code.

The Planning and Zoning Commission may approve a home to contain more than six residents through the conditional use permit process if the subject facility:

Is an existing structure.

ii.

Complies with all applicable Fire and Building Code requirements for the occupancy being requested.

iii.

Receives a state license for said occupancy.

iv.

Is found to have adequate access for the additional traffic volumes generated and maintains the surrounding neighborhood character.

Request for accommodation.

If a group home for the handicapped or a recovery residence owner believes any requirement of the Zoning Code prevents the establishment of such residence, the owner may submit to the Zoning Administrator a written request for accommodation, accompanied by the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the Zoning Administrator to make an individualized determination of the residence needs, to address the City's safety and welfare concerns, and to ensure compliance with this section. The Zoning Administrator shall, in consultation with the City Attorney, review the written request and determine:

(A)

Whether an accommodation should be made pursuant to the requirements of the Federal and State Fair Housing Laws.

(B)

(C)

The extent of the accommodation required to comply with the Federal and State Fair Housing Laws.

(2)

Prohibited Uses in R1-9 District.

All commercial and business uses, except those specifically permitted as a home occupation.

All manufacturing, warehousing, and wholesaling.

Multiple residence.

Manufactured homes, unless same are located within a designated R1-MH Overlay Zone.

Recreational vehicle parks and manufactured home parks.

The keeping or storage of any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding 13,000 pounds.

Uses similar to those listed above in this section as determined by the Zoning Administrator.

(3)

Uses Subject to Conditional Use Permits. The following uses shall be permitted on property in R1-9 Districts provided that first a conditional use permit has been obtained for such use pursuant to this chapter, and such permit continues in full force and effect:

Churches and church facilities; provided that all direct vehicular access is from an abutting arterial or collector street; temporary revival tents or buildings shall not be allowed.

Public buildings providing cultural, recreational, educational, administrative, fire and police protection services to district residents; provided that all direct vehicular access shall be restricted to arterial streets.

Recreational uses provided the noise generated will be compatible with the neighborhood and access is from abutting arterial or collector street.

Public utility buildings and facilities (but not utility business offices nor repair and/or storage facilities) when necessary for serving the surrounding territory, subject to securing a conditional use permit therefor, and provided, further, that no use permit shall be required for the construction of power or pipe lines necessary to serve the surrounding territory.

Cemetery; provided access is from an abutting arterial or collector street and provided there is a minimum of five acres of contiguous site.

Bed and breakfast subject to parking, signage and related restrictions to maintain residential character.

Recovery residence subject to the following:

No such home contains more than six residents, excluding care staff.

All parking for guests and staff shall be located on-site and in compliance with Section 14-7 of this Code.

The Planning and Zoning Commission may approve a home to contain more than six residents through the conditional use permit process if the subject facility:

Is an existing structure.

ii.

Complies with all applicable Fire and Building Code requirements for the occupancy being requested.

iii.

Receives a state license for said occupancy.

iv.

Is found to have adequate access for the additional traffic volumes generated and maintains the surrounding neighborhood character.

The applicant shall submit and maintain compliance with an operations and management plan ("O&MP") in accordance with applicable Arizona Revised Statute. O&MP shall include:

Name and address of the business owner.

ii.

Name, address and telephone number of the property owner and person in control of the property.

iii.

If the business owner and property owner are not the same person or entity, applicant shall provide a notarized letter of authorization from the property owner.

iv.

Emergency contact telephone number.

The number of persons occupying each bedroom.

vi.

Maximum number of occupants.

vii.

A floor plan.

viii.

Resident screening process.

ix.

Guest and resident rules of conduct.

The applicant shall provide a copy of the state license required under A.R.S. § 36-2064(A), as amended.

Request for accommodation.

(A)

Whether an accommodation should be made pursuant to the requirements of the Federal and State Fair Housing Laws.

(B)

(C)

The extent of the accommodation required to comply with the Federal and State Fair Housing Laws.

(c)

Property Development Standards. Unless otherwise permitted herein, all buildings, structures, premises and property in the R1-9 District shall meet the following property development standards:

(1)

Lot Area. Lots within the (R1-9) Zoning Districts shall have a minimum area of 9,000 square feet.

(2)

Lot Dimensions. Lots within the (R1-9) Zoning Districts shall have the following minimum dimensions:

Minimum Width: 75 feet.

Minimum Depth: 75 feet.

(3)

Density and Intensity. There shall be not more than one single-family dwelling of conventional construction on any one lot.

(4)

Maximum Height. Thirty feet beginning with the main floor level.

(5)

Setback Requirements. Buildings and structures erected in the R1-9 Zoning Districts shall be setback a minimum distance from the property boundary lines in order to provide for front, rear, and side yards. These minimum distances shall be as follows:

Front Yard: Minimum 20 feet.*

Side Yard: There shall be a side yard on each side of a building having an aggregate width of not less than 14 feet, provided, however, the minimum side yard shall not be less than five feet in width except corner lots shall have ten feet on the exterior side.

Rear Yard: Minimum ten feet with reasonable access.

In addition to the minimum building setbacks, all proposed improvements are subject to adopted building and fire codes.

(6)

Design and Development.

Walls, fences and hedges not to exceed eight feet in height shall be permitted on the property line or within the required side or rear yard. Walls, fences and hedges shall not exceed three feet in height on the front property line or within the required front yard and exterior side yard for corner lots except as otherwise provided in this chapter. The height of the wall or fence is measured from inside the enclosure.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Res. No. 1856, Exh. A, 5-24-2022; Res. No. 1857, Exh. A, 5-24-2022; Ord. No. 881, § I, 5-24-2022; Ord. No. 882, § I, 5-24-2022)

Sec. 14-5-4. - (R1-6) Single-Family Residential District.

(a)

Purpose and Intent. This Single-Family Residential (R1-6) District is intended to promote and preserve the development of urban single-family residential neighborhoods. The dominant land use of the R1-6 District shall be single-family dwellings of conventional construction, with incidental or accessory uses as required to provide a balanced neighborhood. The district standards promote the maximum usability of the lot and the maximum flexibility for site and building design.

(b)

Use Regulations.

(1)

Permitted Uses. No building, structure or premise shall be erected, enlarged, structurally altered or used in a R1-6 Zoning District except for the following:

One single-family dwelling of conventional construction.

Modular homes on concrete foundations are allowed, though may be prohibited by applicable CC&Rs or deed restrictions.

Accessory buildings, swimming pools, home occupations.

Group homes for the handicapped subject to the following:

No such home contains more than six residents, excluding care staff.

Such home is licensed by the State of Arizona Department of Health Services.

Such home is registered with, and administratively approved by the Zoning Administrator or designee, as to compliance with the standards of this Code.

All parking for guests and staff shall be located on-site and in compliance with Section 14-7 of this Code.

The Planning and Zoning Commission may approve a home to contain more than six residents through the conditional use permit process if the subject facility:

Is an existing structure.

ii.

Complies with all applicable Fire and Building Code requirements for the occupancy being requested.

iii.

Receives a state license for said occupancy.

iv.

Is found to have adequate access for the additional traffic volumes generated and maintains the surrounding neighborhood character.

Request for accommodation.

(A)

Whether an accommodation should be made pursuant to the requirements of the Federal and State Fair Housing Laws.

(B)

(C)

The extent of the accommodation required to comply with the Federal and State Fair Housing Laws.

(2)

Prohibited Uses in R1-6 District.

All commercial and business uses, except those specifically permitted as a home occupation.

All manufacturing, warehousing, and wholesaling.

Multiple residence.

Manufactured homes, unless same are located within a designated R1-MH Overlay Zone.

Recreational vehicle parks and manufactured home parks.

The keeping or storage of any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding 13,000 pounds.

Uses similar to those listed above in this subsection as determined by the Zoning Administrator.

(3)

Uses Subject to Conditional Use Permit. The following uses shall be permitted on property in R1-6 Zoning Districts provided that first a conditional use permit has been obtained for such use pursuant to this chapter, and such permit continues in full force and effect:

Churches and church facilities; provided that all direct vehicular access is from an abutting arterial or collector street; temporary revival tents or buildings shall not be allowed.

Recreational uses provided the noise generated will be compatible with the neighborhood and access is from abutting arterial or collector street.

Utility buildings and facilities (but not utility business offices nor repair and/or storage facilities) when necessary for serving the surrounding territory, subject to securing a use permit therefore, and provided, further, that no use permit shall be required for the construction of power or pipe lines necessary to serve the surrounding territory.

Cemetery; provided access is from an abutting arterial or collector street and provided there is a minimum of five acres of contiguous site.

Bed and breakfast subject to meeting requirement for parking facilities and restrictions for signage and other protective measures required to protect the residential character of the area.

Recovery residence subject to the following:

No such home contains more than six residents, excluding care staff.

All parking for guests and staff shall be located on-site and in compliance with Section 14-7 of this Code.

The Planning and Zoning Commission may approve a home to contain more than six residents through the conditional use permit process if the subject facility:

Is an existing structure.

ii.

Complies with all applicable Fire and Building Code requirements for the occupancy being requested.

iii.

Receives a state license for said occupancy.

iv.

Is found to have adequate access for the additional traffic volumes generated and maintains the surrounding neighborhood character.

The applicant shall submit and maintain compliance with an operations and management plan ("O&MP") in accordance with applicable Arizona Revised Statute. O&MP shall include:

Name and address of the business owner.

ii.

Name, address and telephone number of the property owner and person in control of the property.

iii.

If the business owner and property owner are not the same person or entity, applicant shall provide a notarized letter of authorization from the property owner.

iv.

Emergency contact telephone number.

The number of persons occupying each bedroom.

vi.

Maximum number of occupants.

vii.

A floor plan.

viii.

Resident screening process.

ix.

Guest and resident rules of conduct.

The applicant shall provide a copy of the state license required under A.R.S. § 36-2064(A), as amended.

Request for accommodation.

(A)

Whether an accommodation should be made pursuant to the requirements of the Federal and State Fair Housing Laws.

(B)

(C)

The extent of the accommodation required to comply with the Federal and State Fair Housing Laws.

(c)

Property Development Standards. Unless otherwise permitted in this chapter, all buildings, structures, premises and property in the R1-6 Zoning District shall meet the following property development standards:

(1)

Lot Area. Except as provided in paragraph (7) of this subsection, lots within the R1-6 Zoning Districts shall have a minimum area of 6,000 square feet.

(2)

Lot Dimensions. Lots within the R1-6 Zoning Districts shall have the following minimum dimensions:

Minimum Width: 50 feet.

Minimum Depth: 70 feet.

(3)

Density and Intensity. There shall be not more than one single-family dwelling of conventional construction on any one lot.

(4)

Maximum Height. Thirty feet beginning with the main floor level.

(5)

Setback Requirements. Buildings and structures erected in the R1-6 Zoning Districts shall be setback a minimum distance from the property boundary lines in order to provide for front, rear, and side yards. These minimum distances shall be as follows:

Front Yard: Minimum 20 feet for forward entry garages, ten feet for livable portions of the home and side entry garages.*

Side Yard: Minimum five feet each side except corner lots shall have ten feet on exterior side.

Rear Yard: Minimum ten feet with reasonable access.

In addition to the minimum building setbacks, all proposed improvements are subject to adopted building and fire codes.

(6)

Design and Development.

Walls and fences not to exceed six feet in height shall be permitted on the property line or within the required side or rear yard. Walls, and fences shall not exceed three feet in height on the front property line or within the required front yard except as otherwise provided in this chapter. The height of the wall or fence is measured from inside the enclosure.

(7)

The foregoing provisions of this section notwithstanding, the Mayor and Council have declared it to be beneficial to the City to authorize reasonable use of smaller lots established, created or developed prior to November 1, 1997. Therefore, it shall be a permitted use within this district to construct one single family dwelling of conventional construction on lots established prior to November 1, 1997 when said lots have a square footage of 3,000 square feet to 6,000 square feet. Provided, however, that the dwelling constructed upon the premises shall have a minimum of 940 square feet of livable space, excluding carports, garages and porches. All other provisions of this section, including the setback requirements must be met. Prior to a building permit being issued a site plan approval, pursuant to Section 14-9-5 of this chapter, shall be obtained and the Zoning Administrator may impose reasonable conditions on the construction of the dwelling.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Res. No. 1856, Exh. A, 5-24-2022; Res. No. 1857, Exh. A, 5-24-2022; Ord. No. 882, § I, 5-24-2022)

Sec. 14-5-5. - (MHS) Manufactured Home Subdivision District.

(a)

Purpose and Intent. The MHS District provides for the placement and occupancy of manufactured or modular homes for residential purposes on individually owned lots. The district standards promote developments of a single-family residential character oriented toward permanent occupancy.

(b)

Use Regulations.

(1)

Permitted Uses. No building, structure or premise shall be erected, enlarged, structurally altered or used in a MHS Zoning District except for the following:

Manufactured or modular homes for single-family residence.

Any use permitted in R1-6 or R1-9 District.

Private accessory buildings and uses—including home occupations, storage areas, swimming pools, and other similar accessory uses on individual lots.

(2)

Prohibited Uses in MHS District.

All commercial and business uses, except those specifically permitted as a home occupation.

All manufacturing, warehousing, and wholesaling.

Multiple residence.

Recreational vehicle parks and manufactured home parks.

The keeping or storage of any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding 13,000 pounds.

Uses similar to those listed above in this section as determined by the Zoning Administrator.

(3)

Uses Subject to Conditional Use Permit. The following uses shall be permitted on property in MHS Zoning Districts provided that first a conditional use permit has been obtained for such use pursuant to this chapter, and such permit continues in full force and effect:

Communal recreation building, laundry facilities, swimming pool, playground and other common area uses for the exclusive benefit of district residents.

Golf courses (except miniature courses or practice driving tees operated for commercial purposes), including club house and service facilities which are intended to primarily serve golf course uses and are no closer than 300 feet to any exterior boundary of the golf course except that such facilities shall have direct access from a collector or arterial street or a highway from which there shall be a distance of at least 50 feet.

City parks, playgrounds, and community owned buildings.

Temporary buildings used for the sale of lots.

All other conditional uses allowed in R1-6 District.

(c)

Property Development Standards. Unless otherwise permitted in this chapter, all buildings, structures, premises and property in the MHS Zoning District shall meet the following property development standards:

(1)

Development Area. Minimum area for a manufactured or modular home subdivision shall be ten acres.

(2)

Lot Dimensions. Lots within the MHS District shall have the following minimum dimensions:

Minimum Width: 50 feet.

Minimum Depth: 75 feet.

(3)

Density and Intensity. There shall be not more than one manufactured or modular home on any one lot.

(4)

Maximum Height. Two stories or 24 feet.

(5)

Setback and Landscaping Requirements.

Minimum distance from any portion of the manufactured or modular home and its accessory structures to the following lines shall be as specified:

Front Yard: Ten feet.

Side Yard: Ten feet with the following exception: five feet to any canopy that is open on at least three sides.

Rear Yard: Ten feet.

Exterior Boundary of Subdivision: 20 feet.

A landscaped yard, a minimum of ten feet in depth shall be maintained adjacent to all street frontages. This yard may be penetrated by access drives.

A minimum setback of one foot per one foot of building height shall be maintained from any property line that abuts property zoned RV, C-1, C-2, C-3, M-1, M-2, or from any alley that abuts property so zoned.

(6)

Design and Development. The following development standards shall apply:

The minimum distance between main buildings and or manufactured or modular homes on adjacent lots is 20 feet.

The minimum distance between an accessory building and the main building or manufactured or modular home is ten feet but should also meet the setback requirements.

All utility lines shall be placed underground within the subdivision. Each manufactured or modular home lot shall be provided with all utilities.

Trees shall be planted as follows: a minimum average of one tree per lot with a minimum trunk caliper of three-quarter inch. A minimum 50 percent of the aforementioned tree requirement shall be planted in front yards and/or in landscaped areas adjacent to a dedicated public street.

(7)

Parking and Loading Requirements.

Subdivisions shall have vehicular access from a major street or highway.

All lots within any MHS subdivision shall have frontage on a dedicated public street with a minimum curb-to-curb width of 30 feet.

A minimum of two parking spaces shall be provided on each home lot.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

Sec. 14-5-6. - (RV) Recreational Vehicle District.

(a)

Purpose and Intent. The Recreational Vehicle (RV) District provides for the development of RV parks at standards consistent with the health, safety and welfare of the community. The district is intended to be highway oriented and commercial in nature and provides short term accommodations and accessory facilities for a transient clientele.

(b)

Use Regulations.

(1)

Permitted Uses. Recreational Vehicle Park: No building, structure or premise shall be erected, enlarged, structurally altered or used in a RV Zoning District except for the following:

For the temporary parking of RVs, to include campers, camping trailers, and similar living units with the capability of immediate movement. Said units need not contain restroom facilities.

The term "temporary" as used in this chapter shall mean a period of less than three years. No stay within a RV park may be extended beyond three years unless a conditional use permit is granted by the Zoning Administrator based on a bona fide hardship which prevents the removal of the travel trailer and/or recreational vehicle.

Any conditional use permit issued pursuant to subparagraph (b) of this section shall be issued only upon verified application requesting extension of three years limitation and shall require movement of the subject RV within a specified period which is not greater than six months.

No more than one extension may be granted pursuant to subsection (b) of this section.

(2)

Prohibited Uses in RV District.

No commercial or business activity may be conducted from any individual RV unit within the park.

All manufacturing, warehousing, and wholesaling.

Multiple family residence.

Manufactured homes, and modular homes.

The keeping or storage of any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding 13,000 pounds.

Uses similar to those listed above in this section as determined by the Zoning Administrator.

(3)

Uses Subject to Conditional Use Permit. The following uses shall be permitted on property in RV Zoning Districts provided that first a conditional use permit has been obtained for such use pursuant to the chapter, and such permit continues in full force and effect:

Office and gate house.

Dwellings for owner and manager.

Laundry facilities and outdoor drying yards.

Restroom facilities including showers.

Communal facilities including club house, non-alcoholic beverage service, and outdoor recreation spaces for the exclusive benefit of park residents.

(c)

Property Development Standards. Site plan approval must be obtained pursuant to Section 14-9-5 of this Code. Unless otherwise permitted in this chapter, all buildings, structures, premises and property in the RV Zoning District shall meet the following property development standards.

(1)

Lot Area. Minimum usable area for an RV park district shall be three acres.

(2)

Density and Intensity. There shall be not more than one RV per lot.

(3)

Maximum Height. Two stories or 24 feet.

(4)

Setback Requirements.

Permitted Uses: Minimum distance from any portion of the RV to the following lines shall be as specified:

Front: Ten feet.

Side: Six feet.

Rear: Six feet.

Exterior Boundary of Park: 20 feet.

A landscaped yard, a minimum of ten feet in depth shall be maintained adjacent to all street frontages. Where the right of way is determined to be excessive between the back of curb and property line after the ultimate street improvement, the Development Services Director may reduce this requirement through site plan approval. This yard may be penetrated by access drives.

(5)

Design and Development.

The minimum distance between main buildings or RVs, on adjacent lots is 12 feet.

The minimum ratio of community use areas shall be 200 square feet of such area for each RV space. Such land may include all land devoted to recreation and service facilities and landscaping not included within lots.

All utility lines shall be placed underground within the RV park. Each RV lot shall be provided with electrical service and water supply and sewer.

There shall be provided adequate sanitation and toilet facilities which shall be not less than one toilet for every ten RVs or fraction thereof, and such other sanitary facilities and water supplies as shall be required by the appropriate state and/or county health officer.

Exterior boundaries of the park shall be provided with an opaque wall or fence (excluding slatted wire type fencing) having a height of six feet and designed to create an attractive border. Cut hillsides equal to six feet in depth may substitute as fence. In addition, a setback of at least ten feet in depth shall be maintained as landscaped open space between any perimeter street and the required wall.

Refuse collection areas and sewage waste disposal stations shall be provided and screened from public view.

(6)

Parking and Loading Requirements.

Minimum width of roads within the park shall be 24 feet, on-street parking is not permitted on roadways less than 32 feet in width.

All roads shall be paved with asphalt to standards established by the City Engineer during the site plan approval process.

Wheels or similar devices shall not be removed from RVs. RVs shall not be attached to or placed on the ground in a manner that would prevent or obstruct the ready movement of said RV.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

Sec. 14-5-7. - (PM-RH) Park Model Recreational Home District.

(a)

Purpose and Intent. The purpose of this section is to provide for park model recreational home parks and subdivisions which are suitably developed for the placement and occupancy of park model recreational homes for residential purposes on rented, leased, or owned spaces with the necessary accessory uses and amenities.

These regulations are intended to enable the development of unique, well-planned projects for seasonal or permanent occupancy. It is also the intent of this section to provide adequate regulations to preserve the residential character of the development and to prohibit inappropriate and incompatible land uses.

(b)

Use Regulations.

(1)

Permitted Uses.

One park model recreational home on each approved lot or space. No manufactured homes or dwelling units of conventional construction shall be permitted on a lot or space for living purposes, except as specified below.

Park model recreational home accessory structures as defined in the definition section of this chapter, with the following additional requirements applying to patio enclosures:

At least 65 percent of the surface area of the longest wall and one additional wall shall be open below a height of six feet eight inches from finish floor grade;

Openings may be covered with screen mesh, plastic panels, or mineral glass not more than one-eighth inch thick;

Open walls may contain solid knee walls not more than 32 inches above a finished floor;

An open area located within an open wall shall be a minimum of 48 inches in height;

Glass located within 12 inches of a doorway or 18 inches of a floor must be tempered glass;

Solid walls may consist of conventional wood framing or modular (prefabricated) construction;

Parking spaces shall not be enclosed;

The home shall have a maximum size of 400 square feet, unless approved by the Zoning Administrator through the design and site plan review process;

Partitions may be used to accommodate laundry, bath, and toilet facilities;

10.

Conventional electrical outlets and air conditioning equipment may be installed;

11.

Removal of siding, doors, windows, or other modification of the existing park model recreational home area enclosed by the patio enclosure is prohibited.

Storage buildings, detached, subject to:

A maximum area of 200 square feet;

A maximum height of ten feet;

Location within the buildable area unless placed in the rear quarter of the space or lot and separated from the park model recreational home by at least six feet. All building and fire codes apply.

Manager's office and residence, which may be of conventional construction.

Recreation and social centers, which may be used for dancing, crafts, hobbies, games, child care, meetings, banquets, theatrical performances, movie viewing, and similar entertainment uses which are intended primarily as a resident amenity. Such facility may be of conventional construction.

Outdoor recreational facilities, such as parks, swimming pools, ramadas, playground equipment, shuffleboard and tennis courts, putting greens, and similar recreational uses intended for use by the residents of the park or subdivision.

Common-use laundry facilities, maintenance buildings, and security guard houses which may be of conventional construction.

Designated areas for boat and recreational vehicle storage, which are used solely by the residents of the park or subdivision.

Recreation center parking lots and guest parking areas.

(2)

Prohibited Uses in PM-RH District.

All commercial and business uses.

All manufacturing, warehousing, and wholesaling.

Recreational vehicle parks and manufactured home parks.

The keeping or storage of any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding 13,000 pounds.

Uses similar to those listed above in this section as determined by the Zoning Administrator.

(c)

Property Development Standards. Site plan approval is required, all buildings, structures, premises and property in the (PM-RH) Park Model Recreational Home District parks and subdivisions shall meet the following property development standards:

(1)

Lot Area Park and Subdivision. Minimum usable area for a PM-RH District lot shall be ten acres.

(2)

Lot Dimensions. Lots within the PM-RH park and subdivision shall have the following minimum dimensions:

Minimum Width:

Parks—28 feet.

Subdivisions—35 feet.

Minimum Depth:

Parks—40 feet.

Subdivisions—50 feet.

Minimum Lot Size:

Parks—1,200 square feet.

Subdivisions—1,750 square feet with an average lot size of 2,000 square feet.

(3)

Density and Intensity. Twenty-two spaces per net acre for parks, and 15 lots per net acre for subdivisions. Net acre means after deduction of existing and/or proposed rights-of-way.

(4)

Maximum Height. Two stories or 24 feet.

(5)

Setback Requirements.

Required yard setbacks are measured from any portion of the unit or accessory structures except for rear yard storage buildings as specified in permitted uses section:

Front: Parks five feet.

Front: Subdivisions seven feet.

Side: Parks three feet six inches minimum total.

Side: Subdivisions five feet ten inches minimum total.

Rear: Parks three feet.

Rear: Subdivision five feet.

Exterior boundary of park and subdivision: 20 feet.

Setbacks are measured from required screen walls.

Minimum recreation area: Public or private streets, vehicle storage areas and exterior boundary landscaping areas shall not be included in this area.

Parks: 75 square feet per lot.

Subdivisions: 150 square feet per lot.

Minimum paved parking: Minimum space size 9 inches × 18 inches may be tandem but not in required front yard setback.

Parks and subdivisions: one per lot.

Minimum visitor parking:

Parks and subdivisions one per ten lots.

(6)

Design and Development.

The minimum distance between main buildings or park models, on adjacent lots is ten feet.

A minimum of five percent of the required recreational area shall be enclosed within a recreational hall or building. Public or private streets, vehicle storage areas, and exterior boundary landscaping areas shall not be included when calculation required recreational area.

All utility lines shall be placed underground within the PM-RH park.

Perimeter landscaping shall be provided in accordance with the applicable sections of the City Code and the site plan approval.

A six foot high masonry screen wall shall be required along all park and/or subdivision boundaries that border on parcels of a differing zoning classification. Cut hillsides equal to six feet in depth or a combined height of wall and cut equal to six feet in height may substitute as required screening.

Access to lots or spaces shall be from the interior of the park or subdivision.

Private streets shall be paved to a minimum width of 28 feet including required sidewalks when flush with the surface of the paving.

Concrete sidewalks at least three feet in width shall be provided on each side of interior private streets.

Required parking spaces shall be paved with either two inches of asphalt or four inches of concrete.

(7)

Parking and Loading Requirements.

Minimum width of roads within the park shall be 28 feet.

All roads shall be paved.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

Sec. 14-5-8. - (R-2) Multi-Family District.

(a)

Purpose and Intent. The (R-2) Multi-Family District is intended to allow medium density multi-family residential development of conventional construction. The district is further intended to provide for development of planned complexes of buildings with development standards which are compatible with abutting single-family residential districts.

(b)

Use Regulations.

(1)

Permitted Uses. No building, structure or premise shall be erected, enlarged, structurally altered or used in a (R-2) Multi-Family Zoning District except for the following:

Single-family dwelling.

Duplex dwelling.

Multiple dwelling.

Modular homes on concrete foundations are allowed, though maybe prohibited by applicable CC&Rs or deed restrictions.

Accessory buildings, swimming pools, home occupations.

Park, playground and community owned building.

Churches and church facilities; provided that all direct vehicular access is from an abutting arterial or collector street; not allowing temporary revival tents or buildings.

Dormitories, provided that the site contains a net land area of at least 1,000 square feet per individual to be housed.

Group homes for the handicapped subject to the following:

No such home contains more than six residents, excluding care staff.

Such home is licensed by the State of Arizona Department of Health Services.

Such home is registered with, and administratively approved by the Zoning Administrator or designee, as to compliance with the standards of this Code.

All parking for guests and staff shall be located on-site and in compliance with Section 14-7 of this Code.

The Planning and Zoning Commission may approve a home to contain more than six residents through the conditional use permit process if the subject facility:

Is an existing structure.

ii.

Complies with all applicable Fire and Building Code requirements for the occupancy being requested.

iii.

Receives a state license for said occupancy.

iv.

Is found to have adequate access for the additional traffic volumes generated and maintains the surrounding neighborhood character.

Request for accommodation.

If a group home for the handicapped or a recovery residence owner believes any requirement of the Zoning Code prevents the establishment of a such residence, the owner may submit to the Zoning Administrator a written request for accommodation, accompanied by the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the Zoning Administrator to make an individualized determination of the residence needs, to address the City's safety and welfare concerns, and to ensure compliance with this section. The Zoning Administrator shall, in consultation with the City Attorney, review the written request and determine:

(A)

Whether an accommodation should be made pursuant to the requirements of the Federal and State Fair Housing Laws.

(B)

(C)

The extent of the accommodation required to comply with the Federal and State Fair Housing Laws.

(2)

Prohibited Uses in R-2 District.

All commercial and business uses, except those specifically permitted as a home occupation.

All manufacturing, warehousing, and wholesaling.

Manufactured homes.

Recreational vehicle parks and manufactured home parks.

The keeping or storage of any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding 13,000 pounds.

Uses similar to those listed above in this section as determined by the Zoning Administrator.

(3)

Uses Subject to Conditional Use Permit. The following uses shall be permitted on property in R-2 Zoning District provided that first a conditional use permit has been obtained for such use pursuant to the chapter, and such permit continues in full force and effect:

Recovery residence subject to the following:

No such home contains more than six residents, excluding care staff.

All parking for guests and staff shall be located on-site and in compliance with Section 14-7 of this Code.

The Planning and Zoning Commission may approve a home to contain more than six residents through the conditional use permit process if the subject facility:

Is an existing structure.

ii.

Complies with all applicable Fire and Building Code requirements for the occupancy being requested.

iii.

Receives a state license for said occupancy.

iv.

Is found to have adequate access for the additional traffic volumes generated and maintains the surrounding neighborhood character.

The applicant shall submit and maintain compliance with an operations and management plan ("O&MP") in accordance with applicable Arizona Revised Statute. O&MP shall include:

Name and address of the business owner.

ii.

Name, address and telephone number of the property owner and person in control of the property.

iii.

If the business owner and property owner are not the same person or entity, applicant shall provide a notarized letter of authorization from the property owner.

iv.

Emergency contact telephone number.

The number of persons occupying each bedroom.

vi.

Maximum number of occupants.

vii.

A floor plan.

viii.

Resident screening process.

ix.

Guest and resident rules of conduct.

The applicant shall provide a copy of the state license required under A.R.S. § 36-2064(A), as amended.

Request for accommodation.

If a group home for the handicapped or a recovery residence owner believes any requirement of the zoning code prevents the establishment of a such residence, the owner may submit to the Zoning Administrator a written request for accommodation, accompanied by the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the Zoning Administrator to make an individualized determination of the residence needs, to address the City's safety and welfare concerns, and to ensure compliance with this section. The Zoning Administrator shall, in consultation with the City Attorney, review the written request and determine:

(A)

Whether an accommodation should be made pursuant to the requirements of the Federal and State Fair Housing Laws.

(B)

(C)

The extent of the accommodation required to comply with the Federal and State Fair Housing Laws.

(c)

Property Development Standards. Unless otherwise permitted in this chapter, all buildings, structures, premises and property in the (R-2) Multi-Family Zoning District shall be of conventional construction and shall meet the following property development standards:

(1)

Lot Area. The minimum lot area shall be determined by the aggregate area of buildings, required yards, off-street parking and loading space, and any other specific area requirements applicable to the permitted use.

(2)

Density and Intensity. In the R-2 District the following minimum lot space for each dwelling unit shall be maintained:

Single-Family Dwelling: 5,000 net square feet of lot space per unit.

Two-Family Dwelling unit: 7,000 net square feet of lot space per unit.

Multi-Family Dwelling: 5,000 minimum square feet plus for structures such as apartment buildings the following minimum square feet per unit.

Efficiency unit: 850 net square feet per unit.

1-bedroom unit: 1,100 net square feet per unit.

2-bedroom unit: 1,750 net square feet per unit.

3-bedroom unit: 2,100 net square feet per unit.

4-bedroom unit: 2,400 net square feet per unit.

(3)

Maximum Height. Thirty-six feet from main floor level, except the Commission on written application may permit heights in excess of this for buildings not adjoining a single-family residential district. A site plan providing such information as the Commission may desire shall be submitted with the application.

(4)

Setback Requirements.

Front Yard: 20 feet.

Side Yard: There shall be a side yard on each side of a building having an aggregate width of not less than ten feet, provided, however, the minimum side yard shall not be less than five feet in width.

Rear Yard: 20 feet with reasonable access.

Exterior Boundary of Subdivision: 20 feet, or

A minimum setback of two feet per one foot of building height shall be maintained from any adjacent RV lot or any property zoned OS, R1-43, R1-9, R1-6, MHS, or PM-RH unless otherwise approved by the Planning and Zoning Commission.

(5)

Design and Development.

Walls and fences not to exceed six feet in height shall be permitted on the property line or within the required side or rear yard. Walls and fences shall not exceed three feet in height on the front property line or within the required front yard.

(6)

Parking and Loading Requirements.

If a garage or carport is enclosed to become part of the living area, two parking spaces shall be provided on the site.

There shall be a minimum of two parking spaces for each dwelling unit and each parking space shall be fully contained within the lot boundaries.

All parking spaces shall be paved.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Res. No. 1856, Exh. A, 5-24-2022; Res. No. 1857, Exh. A, 5-24-2022; Ord. No. 881, § I, 5-24-2022; Ord. No. 882, § I, 5-24-2022)

Sec. 14-5-9. - (TR) Transitional Residential District.

(a)

Purpose and Intent. This Transitional Residential (TR) District is intended to serve as a buffer between residential districts and commercial or industrial districts. The district permits a mixture of uses intended to provide a low scale residential character to protect and enhance adjacent residential districts.

(b)

Use Regulations.

(1)

Permitted Uses. No building, structure or premise shall be erected, enlarged, structurally altered or used in a TR Zoning District except for the following:

One-family, duplex, and multiple residential dwellings.

Modular homes on concrete foundations are allowed, though may be prohibited by applicable CC&R's or deed restrictions.

Office building uses related to any of the following occupations: government, executive, administrative, professional, accounting, banking, writing, clerical, stenographic, graphic art, real estate, research, education, design; provided that there shall be no display of any actual product for sale except in compliance with the following regulations:

No display shall be placed in an exterior window.

The total area devoted to display, including the objects displayed and the floor area set aside for viewing displayed objects, shall not exceed 15 percent of the usable floor area of the establishment.

Group homes for the handicapped subject to the following:

No such home contains more than six residents, excluding care staff.

Such home is licensed by the State of Arizona Department of Health Services.

Such home is registered with, and administratively approved by the Zoning Administrator or designee, as to compliance with the standards of this Code.

All parking for guests and staff shall be located on-site and in compliance with Section 14-7 of this Code.

The Planning and Zoning Commission may approve a home to contain more than six residents through the conditional use permit process if the subject facility:

Is an existing structure.

ii.

Complies with all applicable Fire and Building Code requirements for the occupancy being requested.

iii.

Receives a state license for said occupancy.

iv.

Is found to have adequate access for the additional traffic volumes generated and maintains the surrounding neighborhood character.

Request for accommodation.

(A)

Whether an accommodation should be made pursuant to the requirements of the Federal and State Fair Housing Laws.

(B)

(C)

The extent of the accommodation required to comply with the Federal and State Fair Housing Laws.

(2)

Prohibited Uses in TR District.

Manufactured homes.

Recreational vehicle parks and manufactured home parks.

Commercial uses not specifically authorized.

The keeping or storage of any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding 13,000 pounds.

Uses similar to those listed above in this section as determined by the Zoning Administrator.

(3)

Uses Subject to Conditional Use Permit. The following uses shall be permitted on property in the TR Zoning District provided that first a conditional use permit has been obtained for such use pursuant to this chapter, and such permit continues in full force and effect:

Hospitals, sanitarium, nursing or convalescent home, orphanage, home for the aged, indigent, or physically handicapped, subject to Federal and State regulations.

Child care center, subject to the following:

Proof that the center meets all State and local life safety codes.

Churches and church facility complexes.

Medical and dental offices and clinics.

Establishments whose principal function is basic research, design and pilot or experimental product development, when conducted within a completely enclosed building.

Headquarters buildings or charitable, philanthropic and welfare organizations; provided that their primary activities are administrative and clerical rather than residential in nature.

Small scale neighborhood office/retail not to exceed 2,500 square feet when integrated as a vertical mixed use with residential units above.

Utility buildings and facilities when necessary for serving the surrounding territory, subject to securing a conditional use permit therefor, and provided, further, that no use permit shall be required for the construction of power or pipe lines necessary to serve the surrounding territory.

Recovery residence subject to the following:

No such home contains more than six residents, excluding care staff.

All parking for guests and staff shall be located on-site and in compliance with Section 14-7 of this Code.

The Planning and Zoning Commission may approve a home to contain more than six residents through the conditional use permit process if the subject facility:

Is an existing structure.

ii.

Complies with all applicable Fire and Building Code requirements for the occupancy being requested.

iii.

Receives a state license for said occupancy.

iv.

Is found to have adequate access for the additional traffic volumes generated and maintains the surrounding neighborhood character.

The applicant shall submit and maintain compliance with an operations and management plan ("O&MP") in accordance with applicable Arizona Revised Statute. O&MP shall include:

Name and address of the business owner.

ii.

Name, address and telephone number of the property owner and person in control of the property.

iii.

If the business owner and property owner are not the same person or entity, applicant shall provide a notarized letter of authorization from the property owner.

iv.

Emergency contact telephone number.

The number of persons occupying each bedroom.

vi.

Maximum number of occupants.

vii.

A floor plan.

viii.

Resident screening process.

ix.

Guest and resident rules of conduct.

The applicant shall provide a copy of the state license required under A.R.S. § 36-2064(A), as amended.

Request for accommodation.

(A)

Whether an accommodation should be made pursuant to the requirements of the Federal and State Fair Housing Laws.

(B)

(C)

The extent of the accommodation required to comply with the Federal and State Fair Housing Laws.

(c)

Property Development Standards. Site plan approval shall be required in this district. Unless otherwise permitted in this chapter, all buildings, structures, premises and property in the TR Zoning District shall meet the following property development standards:

(1)

Lot Area. The minimum lot area shall be determined by the aggregate of buildings, required yards, off-street parking and loading space and any other specified lot area requirements applicable to the particular use.

(2)

Lot Dimensions. Lots within the TR District shall have the following minimum dimensions:

Minimum Width: 60 feet.

Minimum Depth: 70 feet.

(3)

Density and Intensity. The following minimum net lot areas shall be required for each dwelling unit.

One-Family Dwelling: 5,000 net square feet per dwelling unit.

Duplex Dwelling: 4,000 net square feet per dwelling unit.

Multiple Dwelling: 6,000 minimum square feet plus the following minimum net square feet per unit.

Efficiency unit: 850 net square feet per dwelling unit.

1-bedroom unit: 1,100 net square feet per dwelling unit.

2-bedroom unit: 1,750 net square feet per dwelling unit.

3-bedroom unit: 2,100 net square feet per dwelling unit.

4-bedroom unit: 2,400 net square feet per dwelling unit.

(4)

Maximum Height. Thirty-six feet from main floor level, except the Planning and Zoning Commission on written application may permit heights in excess of this for buildings not adjoining a single-family residential district. A site plan providing such information as the Planning and Zoning Commission may desire shall be submitted with the application.

(5)

Setback Requirements.

Front Yard: 20 feet.

Side Yard: There shall be a side yard on each side of a building having an aggregate width of not less than 14 feet, provided, however, the minimum side yard shall not be less than five feet in width. Corner lots shall provide a minimum 20 foot setback from the exterior side lot line adjacent to the roadway.

Rear Yard: Ten feet with reasonable access.

A minimum setback of two feet per one foot of building height shall be maintained from any adjacent RV lot or any property zoned OS, R1-43, R1-9, R1-6, MHS, or PM-RH, unless otherwise approved by the Planning and Zoning Commission.

(6)

Design and Development.

Parking requirements as the Zoning Administrator shall direct unless otherwise provided in this Code.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Res. No. 1856, Exh. A, 5-24-2022; Res. No. 1857, Exh. A, 5-24-2022); Ord. No. 881, § I, 5-24-2022; Ord. No. 882, § I, 5-24-2022)

Sec. 14-5-10. - (N-S) Neighborhood Office/Service Zoning District.

(a)

Purpose and Intent. This zoning district is intended to provide for well-designed and attractive small scale office and service facilities which will blend with neighboring residential uses.

(b)

Use Regulations.

(1)

Permitted Uses. No building, structure or premise shall be erected, enlarged, structurally altered or used in a N-S Zoning District except for the following:

One-family, duplex, and multiple dwellings.

Modular homes on concrete foundations are allowed, though may be prohibited by applicable CC&R's or deed restrictions.

Office uses and home occupations.

Beauty shops, day care of less than ten people, and other analogous service-oriented uses.

Clinics and health care facilities, libraries and museums, parks, places of worship, public facilities, residential facilities, schools public and private, utility office facilities.

(2)

Prohibited Uses in N-S District.

All commercial except those listed in subsection one of this section.

Manufactured homes.

All manufacturing, warehousing, and wholesaling.

Recreational vehicle parks and manufactured home parks.

The keeping or storage of any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding 13,000 pounds.

Uses similar to those listed above in this subsection as determined by the Zoning Administrator.

(3)

Uses Subject to Conditional Use Permit. The following uses shall be permitted on property in the N-S Zoning District provided that first a conditional use permit has been obtained for such use pursuant to this chapter, and such permit continues in full force and effect:

Small scale neighborhood office/retail not to exceed 2,500 square feet when integrated as a vertical mixed use with residential units above.

Hospitals, sanitarium, nursing or convalescent home, orphanage, home for the aged, indigent, or physically handicapped, subject to Federal and State regulations.

Child care center, subject to the following:

Proof that the center meets all state and local life safety codes.

Churches and church facility complexes.

Medical and dental offices and clinics.

Establishments whose principal function is basic research, design and pilot or experimental product development, when conducted within a completely enclosed building.

Headquarters buildings or charitable, philanthropic and welfare organizations; provided that their primary activities are administrative and clerical rather than residential in nature.

Small scale neighborhood office/retail not to exceed 2,500 square feet when integrated as a vertical mixed use with residential units above.

(c)

Approval Process. Site plan approval shall be required in accordance with Section 14-9-5.

(d)

Performance Standards. Uses in this district shall be in full conformance with the standards of this and other applicable sections of this chapter:

(1)

Hours of operation shall not extend beyond 8:00 a.m. to 10:00 p.m., Monday through Friday, with reduced hours on the weekend.

(2)

Longer hours of operation may be granted and extension of hours of operation may be allowed for special activities after approval of a conditional use permit if there are findings which indicate the extension will better serve, and not negatively impact the adjacent neighborhood.

(3)

All activity shall be conducted within an enclosed building except as approved in subsection (b)(3) of this section.

(4)

Principal vehicle access to and from the site shall be via a primary driveway.

(5)

All mechanical noise shall be muffled so as not to become objectionable to areas zoned for residential use due to intermittence, beat frequency or shrillness. Noise may equal but not exceed average street traffic noise. Measurement of noise levels shall be made at the zoning district boundary and shall not exceed the sound level of the abutting use district or the street abutting such use, whichever is greater.

(6)

Building and landscape setbacks, height, building coverage, and the minimum and maximum lot area shall be as set forth in C-2 Zoning District.

(7)

The exterior design of any building shall be compatible with the design and character of residential buildings in an adjacent and/or surrounding residential district.

(8)

A phasing plan for the installation of utilities, stormwater retention, and landscaped setbacks is required at the time of site plan approval.

(e)

Development Policy. The following are used as policy directions adopted by the City to evaluate protect quality within this district:

(1)

A direct pedestrian connection to the adjacent neighborhood is preferred.

(2)

The project should be designed in such a way that it is interesting for the pedestrian. This shall be obtained through the creation of plazas, fountains, and building details provided at eye level. The parking lot shall not be the dominant design feature of the site plan.

(3)

To assure compatibility between commercial and residential land uses transitional zoning techniques may be required by the Zoning Administrator.

(4)

Driveway locations and dimensions shall meet the standards established by the Zoning Administrator.

(5)

Site plan approval shall be required in this district. Unless otherwise permitted in this chapter, all buildings, structures, premises and property shall be of conventional construction and meet the following property development standards:

For new development, the minimum lot area, maximum density, maximum building height, minimum building setbacks, and maximum lot coverage shall not exceed the less restrictive of either the existing development on the site or an average of the existing development standards for lawfully developed parcels located on the same side of the street within 200 feet and located in the same zone designation. All adopted building and fire codes shall apply.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Res. No. 1856, Exh. A, 5-24-2022; Ord. No. 881, § I, 5-24-2022)

Sec. 14-5-11. - (C-2) Intermediate Commercial District.

(a)

Purpose and Intent. The Intermediate Commercial (C-2) District is intended to permit most types of commercial activities oriented to a larger segment of population than the average neighborhood and includes the sale of commodities or performance of services. This district is designed for application on highways and major streets to serve that traffic, but should not be applied along the continuous length of a highway or major street. Development should be contiguous, grouped or clustered to prevent undesirable "strip" commercial development.

(b)

Use Regulations.

(1)

Permitted Uses. No building, structure or premise shall be erected, enlarged, structurally altered or used in an Intermediate Commercial Zoning (C-2) District except for the following:

Retail sales of apparel and accessories; shoes; dry goods; foods; drugs; flowers; garden supplies; hardware; gifts and novelties; pet and hobby supplies; jewelry; music and records; household supplies; stationery; books; paint, wallpaper and glass; sporting goods; toys; variety store goods; and similar convenience goods.

Health services such as gym and fitness centers, hospitals, clinic, medical and dental offices, hospital for animals, nursing home, orphanage, home for the aged.

Establishments serving food or beverages, indoor or out-of-doors, including entertainment and dancing.

(2)

Prohibited Uses in C-2 District. All industrial uses.

(3)

Uses Subject to Conditional Use Permit. The following uses shall be permitted on property in C-2 Zoning District provided that first a conditional use permit has been obtained for such use pursuant to the chapter, and such permit continues in full force and effect:

Repair, and construction service establishments having enclosed workshop combined with retail outlet or office, such as heating and plumbing equipment, electrical fixtures and service, air conditioning, custom upholstering and furniture repair, auto body, tire retreading, tool sharpening, sign painting, auto, boat and truck parts, and similar activities no more objectionable in character.

Commercial recreation enterprises such as golf driving ranges, miniature golf, bowling alleys, shooting ranges, and similar indoor/outdoor uses.

Outdoor sales or rental of new and used autos, trucks, boats, mobile homes, trailers, agricultural implements, lumber, lawn furniture, nursery stock and home gardening supplies and equipment; provided that no sales, rentals or displays are performed in the required front setback.

Drive-in establishments, including eating and drinking places and car washes; provided that all structures are architecturally compatible with the area in which they are constructed.

Hotel and motel, subject to the following:

All direct vehicular access should be from an abutting arterial street or highway.

Paved areas shall be reduced to the smallest area commensurate with efficient operation and function of the site. All unpaved areas shall be maintained in lawns, landscaping, natural open space, or recreational areas.

Building height in excess of that permitted in the district may be allowed; provided that the minimum required side and rear setbacks shall be increased by one foot for every one foot by which the height exceeds the maximum building height otherwise permitted and provided that the Commission shall determine substantial additional areas are provided in open space and no detrimental effect is imposed on adjoining property.

Gasoline service station, subject to the following:

Facilities for tire changing and repair, polishing, greasing, washing and minor repair and servicing of motor vehicles shall be entirely within an enclosed building. All garage bays shall be oriented away from public view and adjacent rights-of-way.

Minimum lot size is 10,000 square feet and minimum frontage is 100 feet. Lessor dimensions may be approved by the Planning and Zoning Commission.

All sources of artificial light shall be concealed from view, except for freestanding standards, which shall have translucent covers so as to diffuse the light and eliminate glare.

Drive-in theater, provided that:

The screen surface is not visible from the street.

All direct vehicle access is from an abutting arterial street or highway.

Multiple dwelling.

For properties over one acre, agriculture uses.

Sales stands for the sale of farm or ranch products produced on the premises or times similar to those products or related to the sale of these products.

Keeping of livestock or fowl is authorized subject to the following restrictions:

ii.

No livestock shall be cooped, stabled, or confined in any building within 100 feet from any residence, dining, or sleeping quarters which may be situated on adjacent land, and all such animals shall be kept in suitable enclosures and shall not be permitted to run at large.

(A)

All such enclosures shall be maintained in a sanitary condition.

(B)

The Development Services Department may impose other rules and regulations approved by Council resolution which shall have the force and effect of law to insure proper sanitary conditions are maintained and to enforce the provisions of the Code. Any violations of any such rule or regulation, after receipt of notice of same, shall be considered a violation of this Code and punishable as such.

iii.

(c)

Property Development Standards. Site plan approval shall be required in this district. Unless otherwise permitted in this chapter, all buildings, structures, premises and property in the (C-2) Zoning District shall be of conventional construction and meet the following property development standards:

(1)

Lot Area. The minimum lot area required for development shall be determined by the aggregate of buildings, required yards, off-street parking and loading space and any other specified lot area requirements applicable to the particular use.

(2)

Lot Dimensions. No minimum requirements unless specified as applicable to the particular use.

(3)

Reserved.

(4)

Maximum Height. Thirty feet.

(5)

Setback Requirements.

Front Yard: Minimum 20 feet from any street line, shall be in landscaped open space, except that it may be penetrated by drives.

Side Yard: Ten feet from each lot line.

Rear Yard: Ten feet from rear lot line.

(6)

Design Development/Use Standards. Uses in this district shall be in full conformance with the standards of this and other applicable sections of this chapter and site plan approval shall be required.

Except as provided in subsection c., all operations and storage shall be conducted within a completely enclosed building of conventional construction.

Auto service uses shall be separated from any adjacent single-family district by a building, collector street, or 200 feet in distance.

Limited exceptions to the requirement that operations must be conducted within completely enclosed buildings may be granted by the Planning and Zoning Commission upon written application for a conditional use permit. Permits shall be granted for such businesses as nurseries, day care centers, landscaping materials storage and sales, or automobile and equipment rental or supply businesses. Such permits shall not be issued for activities such as flea markets or to circumvent the requirement. Provided however, that no such activities shall be authorized in the Central Commercial District (C-3) and Historic Preservation Overlay on Broad Street. Any permit issued shall require as a condition, sufficient measures to protect all surrounding property from loss due to outdoor activities on the applicant's property.

Any permit issued pursuant to this section shall require solid fencing when deemed appropriate by the Planning and Zoning Commission.

Principal vehicle access to and from the site shall be via a primary driveway.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Ord. No. 859, § 1, 11-5-2019; Res. No. 1856, Exh. A, 5-24-2022; Ord. No. 881, § 1, 5-24-2022)

Sec. 14-5-12. - (C-3) Central Commercial District.

(a)

Purpose and Intent. The Central Commercial (C-3) District is intended to provide for the full range of sales, services and office uses necessary to maintain a vital downtown area and permits those uses which are oriented toward serving the entire community. The district is intended to preserve, protect, and enhance the central business corridor of the City.

(b)

Use Regulations.

(1)

Permitted Uses. No building, structure or premise shall be erected, enlarged, structurally altered or used in a (C-3) Zoning District except for the following:

Banks, stock brokerage firms, savings and loan associations, loan companies, credit unions, and other financial establishments.

Health services such as hospitals, clinics, medical and dental offices.

Retail and wholesale sales.

Establishments serving food or beverages.

(2)

Prohibited Uses in C-3 District. All industrial uses and commercial uses not specifically authorized in subsection (b)(1).

(3)

Uses Subject to Conditional Use Permit. The following uses shall be permitted on property in C-3 Zoning District provided that first a conditional use permit has been obtained for such use pursuant to the chapter, and such permit continues in full force and effect:

Hotels and motels, subject to the following:

Building height in excess of that permitted in the district may be allowed; provided that one percent of the site be in open space for each one foot of height.

Multiple-family dwellings.

Commercial parking lots.

Warehousing, excluding pedestrian areas such as historic downtown.

Other uses analogous to those set out in subsection (b)(1) of this section.

For properties over one acre, agriculture uses.

Sales stands for the sale of farm or ranch products produced on the premises or times similar to those products or related to the sale of these products.

Keeping of livestock or fowl is authorized subject to the following restrictions:

ii.

(A)

All such enclosures shall be maintained in a sanitary condition.

(B)

iii.

(c)

Property Development Standards. Unless otherwise permitted in this chapter, all buildings, structures, premises and property in the (C-3) Central Commercial Zoning District shall be of conventional construction and meet the following property development standards:

(1)

Lot Area. The minimum lot area required shall be determined by the aggregate of buildings, required yard, off-street parking and loading space and any other specified lot area requirements applicable to the particular use.

(2)

Reserved.

(3)

Maximum Height. One hundred feet, provided that for each one foot above 30 feet one percent of the site area be in open space.

(4)

Setback Requirements.

Front Yard: Minimum 20 feet from any street line, shall be in landscaped open space, except that it may be penetrated by drives.

Side Yard: Ten feet minimum from each lot line or zero lot line if cross access through abutting parcels is provided.

Rear Yard: Ten feet from rear lot line.

(5)

Design Development/Use Standards. Site plan approval shall be required in this district. Uses in this district shall be in full conformance with the standards of this and other applicable sections of the chapter.

Except as provided in subparagraph c. of this subsection, all operations and storage shall be conducted within a completely enclosed building of conventional construction.

Auto service uses shall be separated from any adjacent single-family district by a building, collector street, or 200 feet in distance. A permit is required.

Principal activities shall be conducted within an enclosed building, but accessory uses may be allowed outdoors if they do not exceed 15 percent of the gross floor area of the principal use and are oriented away from single-family districts. This area requirement shall not pertain to day care centers, outdoor restaurant seating and retail plant nurseries.

Principal vehicle access to and from the site shall be via a primary driveway.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Ord. No. 859, § 2, 11-5-2019; Res. No. 1856, Exh. A, 5-24-2022; Ord. No. 881, § I, 5-24-2022)

Sec. 14-5-13. - (M-1) Light Industrial District.

(a)

Purpose and Intent. The Light Industrial (M-1) District is intended to accommodate industrial storage and other employment uses in a park-like setting. Regulations are designed to permit those industrial uses which can be operated in a relatively clean, quiet, and safe manner compatible with adjoining industrial uses and without serious effect, danger or hazard to adjacent or nearby land uses.

(b)

Use Regulations.

(1)

Permitted Uses. No building, structure or premise shall be erected, enlarged, structurally altered or used in a M-1 Zoning District except for the following:

Manufacture, fabrication and processing of such durable goods as: stone, clay and glass products, furniture and fixtures; electrical machinery; and scientific instruments and goods.

Manufacturing, fabrication, and processing of such non-durable goods as: food products, except meat products; beverages; milk products, leather products; printing, publishing and allied industries; grain milling; sawmill or plaining mill, gases other than nitrogen and oxygen.

Wholesaling, warehousing, distributing, repair, rental and servicing of any commodity the sale of which is permitted in any commercial district, excluding live animals, commercial explosive, and above ground storage of flammable liquids and gases.

Government buildings, services and facilities, unrestricted; public utility buildings and facilities, unrestricted.

Rail and motor freight terminals; railroad facilities excluding locomotive repair shops.

Printing and publishing establishments.

(2)

Uses Subject to Conditional Use Permit. The following uses shall be permitted on property in M-1 Zoning Districts provided that first a conditional use permit has been obtained for such use pursuant to this chapter, and such permit continues in full force and effect:

Retail sales, eating and drinking places, financial institutions, medical offices, private recreation facilities, and similar establishments and activities; provided that they are specifically intended to serve the convenience needs of the district.

Gasoline service station, subject to the following:

Facilities for tire changing and repair, polishing, greasing, washing and minor repair and servicing of motor vehicles shall be entirely within an enclosed building. Access to the building shall be from the rear.

All structures shall be of unique design that is appropriate to the area in which they are constructed.

Paved areas shall be reduced to the smallest area commensurate with efficient operation and function of the site. All unpaved areas shall be maintained in lawns, natural open space, and landscaping. The frontage to any street shall be landscaped to a minimum depth of 15 feet from the right-of-way line. Drives of maximum width of 33 feet may penetrate frontage landscaping.

Minimum lot size is 22,500 square feet and minimum frontage is 200 feet. Lessor dimensions may be approved by the Planning and Zoning Commission.

All sources of artificial light shall be concealed from view, except for freestanding standards, which shall have translucent covers so as to diffuse the light and eliminate glare.

Sexually oriented businesses.

(c)

Property Development Standards. Unless otherwise permitted in this chapter, all buildings, structures, premises and property in the M-1 Zoning District shall meet the following property development standards:

(1)

Lot Area. Determined by the aggregate area of buildings, required yards, off-street parking and loading space, and any other specific area requirements applicable to the permitted use.

(2)

Lot Dimensions. Lots within the (M-1) Light Industrial Zoning Districts shall have the following minimum dimensions:

Minimum Width: 80 feet.

Minimum Depth: 100 feet.

(3)

Density and Intensity.

Maximum lot coverage by all buildings shall not exceed 40 percent.

(4)

Maximum Height. Forty-eight feet.

(5)

Setback Requirements.

Front Yard: 30 feet; provided further that this yard area shall be primarily considered a landscaped setting rather than for parking and any parking in said area shall be kept to a minimum.

Side and Rear Yard:

A yard of not less than 50 feet shall be maintained where the side and/or rear of the lot abuts a single-family residential district or abuts an alley which is adjacent to a single-family residential district. The 50 feet may include the width of the alley. A minimum 15 feet deep contiguous landscape buffer shall be provided along the common property line.

A yard of not less than 25 feet shall be maintained where the side and/or rear lot abuts a multiple-family residential district. The 25 feet may include any alley adjacent to the multiple-family residential district. A minimum 15 feet deep contiguous landscape buffer shall be provided along the common property line.

(6)

Design and Development.

No use shall be operated in such a manner as to be an explosion or fire hazard; nor shall there be emitted into the atmosphere any smoke, soot, dust, radiation, odor, noise, vibration, heat, glare, or toxic fumes to such an extent as to constitute a nuisance.

Any part of the total lot area not required for buildings, structures, loading and vehicular access ways, streets, parking and utility areas, pedestrian walks and hard-surfaced activity areas shall be landscaped with grass, trees, shrubs, and may include other organic materials such as water and aggregate.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

Sec. 14-5-14. - (M-2) General Industrial District.

(a)

Purpose and Intent. The General Industrial (M-2) District is intended to accommodate certain industrial structures and uses, including large-scale or very specialized industrial operations, having external physical effects which may be offensive or hazardous to some degree to any adjoining district. This district should be "buffered" and adjoining uses protected by interspacing an Open Space (OS) District or other positive, protective means. Regulations are structured to permit the processing of raw materials, and the manufacturing, processing and compounding of semi-finished products.

(b)

Approvals. Every structure or use of land in this district, by reason of the intent and typical physical or operational characteristics, shall first have conditional use permit approval prior to erection, occupation, or expansion, unless the proposed use is permitted by right in the M-1 Zoning District. The Planning and Zoning Commission shall be completely satisfied that the intent of this district is met, and every structure or use is designed and developed in a manner which assures maximum protection of the health, safety, welfare, and compatibility with adjoining uses.

(c)

Use Regulations.

(1)

Permitted Uses. All uses permitted by right in the C-2, C-3, and M-1 Zoning Districts.

(2)

Uses Subject to Conditional Use Permit. The following uses shall be permitted on property in M-2 Zoning Districts provided that first a conditional use permit has been obtained for such use pursuant to the chapter, and such permit continues in full force and effect:

Auto, airplane, truck and machinery wrecking, junk and scrap material processing.

Butane gas filling; storage of bulk fuels, flammable liquids and gases.

Railroad shops and similar heavy service facilities.

Any manufacturing, mining, processing or assembling use.

Reserved.

Sexually oriented businesses.

(d)

Property Development Standards. Unless otherwise permitted in this chapter, all buildings, structures, premises and property in the (M-2) General Industrial Zoning District shall meet the following property development standards:

(1)

Lot Area. Lots within the (M-2) General Industrial Zoning Districts shall have a minimum area of two acres.

(2)

Lot Dimensions. No requirement.

(3)

Density and Intensity. Maximum lot coverage by all buildings is 40 percent.

(4)

Maximum Height. Sixty feet.

(5)

Setback Requirements. No building or activity shall be located closer than 200 feet to any abutting residential district or 75 feet to any commercial district or 30 feet to any property line. A contiguous landscape buffer of 25 feet deep shall be provided at the property line adjacent to said districts.

(6)

Design and Development.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

Sec. 14-5-15. - Overlay zoning districts—BIZ, PAD, and DMP.

(a)

Purpose and Intent. The purpose of these overlay districts is to provide for unique developments worthy of flexibility or variation from the specific application of this chapter. The intent of the Bonus Intensity Zone (BIZ), Planned Area Development (PAD), and Development Master Plan (DMP) Districts is to encourage quality-designed developments in appropriate locations in conformance with the general plan, specific plans, and Council policies. In the PAD and DMP Overlay Zones, variations from conventional development requirements, such as building height, setbacks, and on-site parking may be authorized by the City Council where projects offer amenities, features, or conditions which compensate for such variations. The BIZ Overlay Zone also allows for the above variations in addition to increased residential densities. The following further delineates the overlay zoning district classifications:

(1)

Bonus Intensity Zone, (BIZ). The purpose of this overlay zoning district is to provide for variation from the application of residential densities and other development requirements to encourage unique, innovative developments of superior quality. The intent of this district is to allow for higher-intensity land use where appropriate and to encourage development of bypassed or under-utilized properties in locations where appropriate facilities and services are available. It must be demonstrated that the resulting development will be more consistent with the general plan, specific plans, and Council policies and will provide significant social or economic benefits to the City.

(2)

Planned Area Development, (PAD). The purpose of this overlay zoning district is to allow for innovative design and flexibility in projects which are planned for development as a cohesive unit. The intent of this district is to provide for creative, high quality development which incorporates the following:

Substantial open space and/or recreational facilities held in common ownership.

Private or public streets.

The preservation of significant aspects of the natural character of the land.

Building design, site design, and amenities that create a unique alternative to conventional development.

Property owners' associations and recorded covenants, conditions, and restrictions.

(3)

Development Master Plan, (DMP). The purpose of this overlay zoning district is to allow for conceptual zoning of large land parcels into planned uses for future development. The intent is to allow for both specific site plan zoning for immediate project development as well as conceptual development plans with specific site plans deferred to the time of future project development.

(b)

Use Regulations.

(1)

Permitted Uses.

The BIZ, PAD, and DMP Overlay Zoning Districts are to be used in conjunction with an underlying zoning district, thereby permitting the same uses as the underlying base zoning district, except those that may be excluded by the City Council.

Permitted uses other than those above shall be specified in a PAD, and as approved by City Council.

(2)

Prohibited Uses.

Those uses that may be specifically excluded by the City Council as part of the overlay zoning approval.

(3)

Uses Subject to a Conditional Use Permit. Uses subject to a conditional use permit shall be in accordance with the administration and procedures provision of this chapter and those conditional uses specified in the underlying base zoning district.

(c)

Property Development Standards.

(1)

Density, Area, Building, and Yard Regulations.

The minimum site area for a PAD shall be five acres and for a DMP, 40 acres. The Zoning Administrator may permit PAD applications for less land area when exceptional and unique circumstances of the proposal are found to warrant such flexibility.

The specified minimum lot area, maximum density, maximum building height, minimum setbacks, and maximum lot coverage for each underlying zoning district is required, unless specifically modified by the City Council.

(d)

Supplementary Provisions.

(1)

Land developed under this section may consist of individual lots or may have common building sites.

(2)

Common open space shall be an essential and major element of the plan. Open areas should provide an efficient, aesthetic, and desirable usage.

(3)

Every structure containing residential, commercial, or industrial units shall have access to a public street, directly or via a court, walkway, or other common area, which shall be owned and maintained as common ground.

(e)

Design Guidelines, Landscaping and Screening Regulations. Shall be as authorized in the approved site plan under Section 14-9-5.

(f)

Sign Regulations and Parking Regulations. Shall be as provided in this Code and the approved site plan.

(g)

Application and Procedure for Overlay Districts.

(1)

Application. Requests for overlay zoning districts shall follow the same procedures specified for zoning amendments in the administration and procedures sections hereof.

(2)

Modifications to Plans. Changes to the approved development plan shall be reviewed and processed in accordance with the provisions specified in the administration and procedures provision sections hereof.

(3)

Building Permits and Regulations.

An approved development may be built in phases as part of the project's plan, provided that the construction and provision of all necessary elements, including parking drainage, common open spaces, and public and recreational facilities, which are shown on the approved site plan proceed at a rate commensurate with the construction of buildings. If the Zoning Administrator determines that the rate of building construction is not commensurate with the construction of the aforementioned necessary elements, he/she shall notify the developer that no permits for building construction will be issued until the rate of construction conforms accordingly. Failure to comply with the terms of this section in a timely manner following notification shall result in all building construction being halted until compliance is restored.

When the project has been completed, the use of the land and the construction, modification, or alteration of any buildings or structures within the development shall remain in conformance with the development plan, except that any minor extension, alteration, or modification of existing buildings or structures may be authorized by the Zoning Administrator or Planning and Zoning Commission in accordance with the administration and procedures sections hereof if they are consistent with the purpose and intent of the approved development plan.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

Sec. 14-5-16. - (R1-MH) Manufactured Home Overlay District.

(a)

Purpose and Intent. Except for the manufactured and modular home parks, duly established, there was no zoning district in which manufactured and modular homes may be located as a permitted use at the time of adoption of the original zoning ordinance (June 1998). Such homes exist as "non-conforming" structures/uses within some single-family residential districts. This R1-MH Overlay District has been established because there is a need for alternative housing to replace some residences within some residential districts. Further, there may be other structures within the R1-MH District which may not be replaced or lots which may not be utilized unless alternative housing is made available. Therefore, the R1-MH District has been established so multi-sectional manufactured or modular housing may be installed in a manner which would give said home the appearance of a conventional site-built home.

(b)

Use Regulations.

(1)

Permitted Uses.

Any use permitted in the R1-9 and R1-6 District.

Multi-sectional manufactured or modular home installed pursuant to the provisions of this section as a single-family home.

One-family uses on lots of one acre in size or greater may keep and maintain up to two horses per acre of lot area. The horses shall only be kept and maintained on the property for non-commercial purposes and for the enjoyment of the occupants of the property.

(2)

Prohibited Uses in R1-MH District.

Same as primary district (existing classifications) which this R1-MH District overlays, except for permitted uses set forth above.

(3)

Uses Subject to Conditional Use Permit.

Same as underlying district which this R1-MH District overlays.

(c)

Property Development Standards. Unless otherwise permitted in this chapter, all buildings, structures, premises and property in the R1-MH Overlay Zoning District shall meet the following property development standards:

(1)

Lot Area. Lots within the R1-MH Zoning District shall have a minimum area of 3,000 square feet.

(2)

Lot Dimensions. Lots within the R1-MH Zoning District shall have the following minimum dimensions:

Minimum Width: 30 feet.

Minimum Depth: 70 feet.

(3)

Density and Intensity. There shall be not more than one single-family dwelling on any one lot.

(4)

Maximum Height. Twenty-six feet beginning with the main floor level.

(5)

Setback Requirements. Buildings and structures erected in the R1-MH Zoning Districts shall be setback a minimum distance from the property boundary lines in order to provide for front, rear, and side yards. These minimum distances shall be as follows:

Front Yard: Minimum 20 feet.

Side Yard: Minimum five feet each side except corner lots shall have ten feet on exterior side.

Rear Yard: Minimum ten feet with reasonable access.

(6)

Design and Development.

Walls, fences and hedges not to exceed eight feet in height shall be permitted on the property line or within the required side or rear yard. Walls, fences and hedges shall not exceed three feet in height on the front property line or within the required front yard except as otherwise provided in this Code. The height of the wall or fence is measured from inside the enclosure.

(d)

Additional Requirements for Manufactured Home Installation/Construction.

(1)

A building permit shall be required prior to commencement of construction or installation of any structure including a manufactured home or modular home (MH) in this district.

(2)

No building permit may be issued for any manufactured home unless the home was manufactured in compliance with applicable Arizona and Federal laws within six years of the date of application for the building permit to install same.

(3)

No structure or home authorized in this section may be occupied or inhabited until such time as the Building Official has issued a "certificate of occupancy" certifying that the construction and/or installation has fully complied with all applicable codes and all provisions of this section.

(4)

No MH shall be erected or maintained within the City pursuant to this section which has a livable space of less than 940 square feet or width of less than 20 feet, excluding carports and porch areas.

(5)

No more than one single-family dwelling shall be placed on a lot or parcel. Each lot or parcel shall meet all minimum square footage and dimension requirements of the district/area in which the MH is located.

(6)

Except as preempted in A.R.S. § 41-2155, the MH shall be placed or constructed upon a lot or parcel within the City in compliance with all applicable building or installation codes and shall be permanently affixed and placed upon a permanent foundation by a certified/licensed installer.

(7)

The MH shall be installed in compliance with all regulations of the Office of Manufactured Housing and Department of Building and Fire Safety of the State of Arizona, if applicable, as well as strictly comply with all provisions of this section.

(8)

The MH shall be permanently oriented on a lot or parcel so that the longest side of the home faces the front lot line so that all setback requirements have been met. The narrow side may face the front lot line if there is a front door on that side.

(9)

All re-roofing, residing, or other structural additions or changes to the home shall conform to the building codes of the City. The roof shall have a pitch of not less than 12 inches for each four feet of width.

(10)

Unless the topography of a particular lot precludes it, the MH shall be installed no higher from grade than 18 inches (from ground to frame) on the highest side; and not more than 12 inches on the low side. The Building Official is authorized to approve minor deviation from the height requirement after inspection of the property to determine such deviation is necessary because of lot conformity.

(11)

The MH shall be placed on excavated foundation with permanent foundation wall, or if permanent foundation wall is not installed, all sides of home shall extend to meet the ground, or a facade shall be used on all sides so that the home appears to have a foundation wall similar in appearance and kind to conventional site-built homes. One of the following skirting options must be utilized on the MH:

Non-bearing concrete or CMU block perimeter stem wall. This wall must be reinforced and have vents per building code requirements.

Ground set or pit set. This eliminates the need for siding and skirting, but may be difficult to do because of flood control district requirements on the finish floor elevation.

Stem wall foundation (bearing). This must be according to the manufacturer's installation requirements and meet minimum building code standards.

(12)

A multi-sectional manufactured home shall have a minimum of four tie downs/anchors. All manufactured homes allowed to be installed pursuant to a conditional use permit shall have one on each end.

(13)

The homeowner must file and record an affidavit of a fixture with the Gila County Assessor and Recorder Offices within 90 days of completion of installation and file a copy with the Zoning Administrator.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

Sec. 14-5-17. - (HP) Historic Preservation Overlay District.

(a)

Purpose and Intent. The purpose of this article and the Historic Preservation (HP) Overlay Zoning District shall be to insure the harmonious growth and development of the City by encouraging the preservation of archaeologically and historically significant structures and sites by providing a means by which such sites and structures may be designated as archaeologically or historically significant, through the creation of a special zoning classification, and further providing that significant alterations to such sites and structures shall be subject to review and approval. The HP zoning classification shall not alter or modify land uses permitted under existing zoning classifications but shall overlay existing zones within which archaeologically or historically significant sites and/or structures are found to exist. It is the intent of the HP classification in this article to ensure that renovation, restoration, or alteration of designated sites or structures shall be accomplished in such a manner as to preserve their distinguishing historic qualities or character. Further, it is the intent of this article to insure that, within designated districts, construction of new structures shall be in harmony with the historical character of said districts.

(b)

Procedure for Designation. When designating property within the provisions of this article, the following procedures shall be followed:

(1)

A site, structure, or district may be designated as archaeologically or historically significant by the majority vote of the Council of the City of Globe, subject to the following procedure:

An application for designation may be submitted on a form provided by the City Clerk by direction of the Mayor and Council to consider a structure, site, or district for designation, an initiative of the Historic Preservation Advisory Commission (HPAC) or the request of an individual property owner or 51 percent of the property owners within a proposed district.

Within five working days of the filing of an application for designation, said application shall be forwarded to the Chairperson or Secretary of the Commission, and a date for a hearing on the application before the Commission shall be set no later than 30 days from the date of filing.

Notice of a public hearing on the application shall be published in a newspaper of general circulation within the City at least 15 days prior to the date of the hearing. In addition, notice shall be sent by certified mail to the owner of record at the address shown on the official tax rolls of Gila County of a proposed designated structure or site or the owners of contributing structures within a proposed designated district, and notice shall be posted upon the proposed designated structure or site and a minimum of six places within a proposed designated district at least 15 days prior to the public hearing. Failure of any owner to receive a notice properly served shall not serve to invalidate the proceedings of the Commission.

At its hearing on the application, the Commission may:

Recommend approval of the application.

Recommend denial of the application.

Request additional information to support the application and reschedule the hearing to a future date no later than 30 days from the date of the initial hearing.

Refer the application to a subcommittee of the Commission or to a consultant for further study and reschedule the hearing to a future date no later than 30 days from the date of initial hearing.

Following the public hearing on the application, the Commission will submit its recommendation to the City Clerk, who shall in turn cause it to be brought before the Mayor and Council and scheduled for public hearing no later than 60 days after the date of the Commission's recommendation. In the event a request would establish a new or amended HP Overlay District designation, the request shall also comply with the rezoning amendment procedures set forth in Section 14-9-2 of this Code.

(2)

At least 15 days prior to the public hearing before the Mayor and Council, the Clerk shall cause notice of said hearing to be given in the manner set forth in subsection (b)(1) of this section.

(3)

Written protest to the recommendation of the Historic Preservation Advisory Commission may be filed with the City Clerk within ten days following the date of the public hearing at which the recommendation was made.

(4)

At its hearing on the Commission's recommendation, the Mayor and Council may:

Accept the recommendation of the Commission.

Deny the recommendation of the Commission.

Refer the recommendation back to the Commission for further study, provided, however, that a subsequent hearing must be set within the time limits set forth in this section.

(5)

Immediately following action by the Mayor and Council approving a recommendation of the Commission for designation, the Clerk shall notify the appropriate official to identify the designated site, structure or district on the official zoning map of the City of Globe with the Historic Preservation Overlay Zone demarcation (HP).

(c)

Criteria for Designation. When considering designation of archaeologically and/or historically significant sites, places, views, or structures the following criteria shall be utilized:

(1)

A site or structure may be considered for designation as historically or archaeologically significant only if it was constructed or occupied prior to 1935 and it meets one or more of the following criteria:

Exemplifies or reflects special elements of the City's or region's cultural, social, economic, political, aesthetic, engineering, or architectural past.

Embodies distinguishing characteristics of a style, period, method of construction, or development in the City, or serves as a valuable example of the use of indigenous materials or craftsmanship.

Represents the notable work of a master builder, designer, or architect.

Represents a rare building type, style, design, or indigenous building form.

Is identifiable with a person or event significant in local, State, or national history.

For archeological sites, has the potential of providing significant information on the prehistory or history of the City or region or has the potential of providing significant information about various cultures which have occupied the region during its prehistory or history.

(d)

Historic District Designation. An area within the corporate limits of the City of Globe may be designated an Historic Preservation (HP) District only if it meets the following criteria:

(1)

It possesses a significant concentration, linkage or continuity of sites, structures, or objects constructed or occupied in the history of the City or region.

(2)

The provisions of this chapter are met in addition to the procedures required to amend the official zoning map.

(e)

Historic District Use Regulations and Development Standards.

(1)

Use Regulations.

Permitted Uses.

The HP Overlay Zoning District is to be used in conjunction with an underlying zoning district, thereby permitting the same uses as the underlying base zoning district, except the uses permitted or prohibited in this Code section.

Permitted uses are those specified in Table 14-5.

Uses subject to a conditional use permit in accordance with the administration and procedures provision of this chapter and those conditional uses specified in the underlying base zoning district.

(2)

Property Development Standards. Site plan approval shall be required in this overlay district. Unless otherwise permitted in this chapter, all buildings, structures, premises and property shall be of conventional construction and meet the following property development standards:

Density, Area, Building, and Yard Regulations.

The minimum site area for a HP Overlay Zone shall be equal to the minimum site area of the underlying zone designation. The Zoning Administrator may permit HP Overlay Zone applications for less land area when exceptional and unique circumstances of the proposal are found to warrant such flexibility.

For new development, the maximum density, maximum building height, maximum lot coverage, and minimum building setbacks shall not exceed the less restrictive of either the existing development on the site or an average of the existing development standards for lawfully developed parcels located on the same side of the street within 200 feet and located in the same zone designation. All adopted building and fire codes shall apply.

(3)

Property Design Guidelines.

Improvements to any designated historic site, structure, or property within the HP Overlay District shall comply with the Historic Preservation Design Guidelines, Appendix 6.

The design guidelines, landscaping and screening regulations shall be as authorized in the approved site plan under Section 14-9-5, unless otherwise addressed in the Historic Preservation Design Guidelines.

(f)

Mandatory Review of Building and Demolition Permit Application.

(1)

No permit may be issued to alter, renovate, remodel, demolish, or remove any designated site, structure, object or any contributing site, structure, or object within a designated HP District, or to construct any new structure within a designated HP District without the review of the Historic Preservation Advisory Commission (HPAC) and the consent of the Council through the design and site plan review process. However, nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior feature of any designated, contributing, or non-contributing site, structure, or object that does not involve a change in its design, material, color, or appearance.

(2)

The Commission may require such photographs, plans, descriptions, dimensions, drawings, or other information as it deems necessary prior to making a recommendation regarding the issuance or non-issuance of a permit. The minimum requirements of the Commission shall be provided in written form to all applicants. Professionally executed plans, specifications, and drawings shall be required only to the extent required by State statute or the Building Department.

(3)

The Commission shall meet to review an application no later than 14 days from the application date and shall make a recommendation to the Council within 30 days of review; provided, however, that all information required of the applicant has been submitted in a timely manner.

(4)

Notice of the Commission's meeting to review the application shall be published and posted in accordance with the requirements of the open meeting laws and, further, shall be sent to the applicant by certified mail no later than seven days prior to the date of the meeting. Notice shall be deemed served when mailed to the address shown on the application.

(5)

The Commission shall act upon the application by recommending approval or denial at a public meeting held for that purpose and shall specify the reasons for its recommendation. The chairperson or secretary shall cause the Commission's recommendation to be delivered to the Mayor and Council. Failure of the Commission to meet and act on the application within the time limits set forth in this section shall constitute approval of the application unless the applicant agrees in writing to an extension.

(6)

The recommendation of the Commission shall be delivered to City Clerk within five days following the date of the meeting. A hearing on the recommendation shall be scheduled at the next regular business meeting of the Council, subject to public posting and advertising requirements. A majority vote of the Council members present as a quorum for the purposes of conducting official business shall be required to overrule the recommendation of the Commission.

(7)

Except where a clear and present danger to the public safety exists, there shall be a mandatory 120 day waiting period between the overruling by the Council of a Commission recommendation denying an application for demolition or removal and the issuance of a permit. During this time, the applicant and Commission shall attempt to secure a buyer willing to preserve the site, structure, or object for which demolition or removal is sought. Such waiting period may be extended by joint agreement between the Commission and the applicant.

(g)

Failure to Maintain Structure—Public Nuisance. Willful failure of the owner of a designated or contributing structure to maintain said structure in a safe condition shall constitute a public nuisance, which may be remediated by any mechanism provided by State law or this Code. Such public nuisance shall also be punishable as provided in Section 1-5-1.

(h)

Public Safety Exceptions. Nothing in this article shall prevent the construction, reconstruction, alteration, restoration, or demolition of any such feature which the Building Inspector shall certify is required because of an unsafe or dangerous condition.

(i)

Enforcement.

(1)

It shall be the duty of the Zoning Administrator and Building Official to enforce the provisions of this article related to construction or modification of structures.

The Building Official shall receive applications for permits, review these applications to see that they meet all existing City requirements, including applicable fees, and transmit these applications to the Zoning Administrator and the chairperson of the Historic Preservation Advisory Commission (HPAC) for the required review. At the direction of the Council, subject to the mandatory review requirements of this article, the Building Official shall issue the necessary permits.

The Building Official shall examine premises for which permits have been issued and shall make the necessary inspections to see that the provisions of this article and any provisions attached to the approval of the permit by the Commission and/or Council, along with the applicable building Codes, are complied with.

(2)

The Building Official shall cause to be maintained careful and comprehensive records of permits issued, inspections made, reports rendered, and notices and orders issued. He/she shall cause to be retained file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. Such records shall be available for public inspection at reasonable hours.

(j)

Violation—Penalty. It is unlawful to alter, modify, construct, reconstruct, renovate, demolish, or remove any structure or object in violation of any provision of this article. Any person, firm, or corporation violating this article is punishable as provided in Section 1-5-1(A). Each and every day during which the violation continues shall be considered to be a separate offense.

(k)

Injunction.

(1)

If any structure or object is constructed, reconstructed, renovated, demolished, or removed in violation of this article, the City, in addition to other remedies, may institute any appropriate actions or proceedings to restrain, correct, or abate the violation.

(2)

In any such action or proceeding, the court with jurisdiction thereof has the power to, and in its discretion may, issue a restraining order or a preliminary injunction upon such terms and under such conditions as will do justice and enforce the purpose of this article.

(l)

Amendments Procedure.

(1)

The provisions of this article may, from time to time, be amended, supplemented, changed, modified, or repealed.

(2)

Requests to amend this article may be initiated by the Historic Preservation Advisory Commission (HPAC), the City Council, or the owner of a designated property or a property within a designated district. Applications for amendment shall be filed with the City Clerk on the form provided.

(3)

There shall be a hearing by the Historic Preservation Advisory Commission (HPAC) on proposed amendments under the following procedures:

All applications for amendment to this article shall be submitted to the chairperson or secretary of the Commission within seven days of filing, and the chairperson or secretary shall cause to be scheduled a public hearing on the proposed amendment not later than 30 days from the date of filing.

Notice of the public hearing stating the date, time and place of the hearing, as well as the nature of the proposed amendment, shall be published once in a newspaper of general circulation in the City and posted in a public place not less than 15 days before the date of the hearing.

At its hearing on the proposed amendment, the Commission may recommend to the Council approval, denial, or modification of the proposed amendment. Such recommendation shall be in the form of a written report to the Council and shall be delivered to the City Clerk not later than five days following the date of the Commission's hearing.

The City Clerk, upon receipt of the Commission's report, shall schedule a hearing on the recommendation before the Council not later than 30 days following the date of receipt of the report.

At its hearing on the recommendation of the Historic Preservation Advisory Commission (HPAC), the Council may approve or deny the Commission's recommendation or refer the matter back to the Commission for further study provided, however, that a subsequent hearing shall be set in accordance with the time limits set forth in this section.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Ord. No. 874, 10-24-2021)

Sec. 14-5-18. - Medical marijuana related facilities; conditional use permit required.

(a)

Location.

(1)

A medical marijuana dispensary may not be located within any residential district within the City.

(2)

A medical marijuana dispensary may not be operated as a home occupation anywhere within the City.

(3)

A medical marijuana dispensary includes a medical marijuana dispensary, a medical marijuana cultivation facility, a medical marijuana manufacturing facility, a medical marijuana club, and any other medical marijuana facility of any kind.

(4)

A medical marijuana dispensary may only be located in C-2, C-3, M-1 or M-2 Zoning Districts pursuant to a conditional use permit approved in like manner as provided in Section 14-9-6 of this Code, except that in addition thereto, the recommendations of the Planning and Zoning Commission shall also be reviewed, approved, denied or modified by the City Council prior to the issuance of any conditional use permit for a medical marijuana related facility.

(5)

Not more than two medical marijuana dispensaries and two recreational marijuana dispensaries may be located within the City pursuant to A.R.S. § 36-2804(C). City Council may allow additional medical marijuana cultivation facilities within the City that are not collocated with a dispensary licensed by the State to operate within the City. A dual-licensee dispensary shall consist of one non-profit medical dispensary and one recreational dispensary operating from the same location.

(6)

Retail marijuana establishments shall not be located within 2,640 feet of the same type of use or a nonprofit medical marijuana dispensary. This distance shall be measured from the building in which the businesses are conducted or proposed to be conducted.

(7)

Marijuana Establishments shall not be located within 250 feet of improved R-2, R1-6, R1-9, and R1-43 zoned lots within the City unless separated by a highway or arterial road. This distance shall be measured from the nearest point of the building in which the business is conducted or proposed to be conducted to the nearest property boundary line of the residential property.

(8)

Marijuana Establishments shall not be located within 500 feet of an active kindergarten, primary, secondary or high school. This distance shall be measured from the building in which the business is conducted or proposed to be conducted to the nearest school building.

(9)

Marijuana establishments shall not be located within 100 feet of an active church located on the same block fronting the same street. This distance shall be measured from the building in which the business is conducted or proposed to be conducted to the nearest church building.

(10)

Where geographic conditions warrant exceptions, the City Council may grant applicants reduced distance separations to protected uses through the conditional use permit approval process.

(11)

Marijuana establishments shall be located in a permanent building of conventional construction on an established foundation adhering to all City building codes and shall not include any temporary, portable or self-powered mobile facilities, or trailer, cargo container or motor vehicle.

(12)

Certain marijuana establishment manufacturing and extraction processes are known to be hazardous and pose life safety concerns. If manufacturing or extraction processes are proposed as part of a conditional use request, the type of materials being used or stored along with the quantities of materials shall be detailed in the request and is subject to approval.

(13)

Marijuana establishments shall have all exterior business signage approved as part of the conditional use permit.

(14)

Shall have operating hours as determined appropriate and approved as part of the conditional use permit.

(b)

Standard Conditions of Approval Medical Marijuana Dispensaries.

(1)

No person under the age of 18 may be present at a medical marijuana dispensary except with the prior approval of the Chief of Police, or designee, for good cause shown.

(2)

Marijuana may not be used in any manner on the premises or in the vicinity of any medical marijuana dispensary within the City.

(3)

Only persons with a registry identification card, as defined by A.R.S. § 36-2801(14), authorized licensees, and authorized employees may be present at a medical marijuana dispensary.

(4)

A business license shall be required as provided under the provisions of Chapter 8.

(5)

The medical marijuana dispensary shall comply with all the restrictions and requirements of the Arizona Medical Marijuana Act, A.R.S. §§ 36-2801 through 36-2818, together with compliance with any regulations adopted by the Arizona Department of Health Services pursuant to same, and said regulations are incorporated herein by this reference as if set forth in full.

(6)

No alcoholic beverages shall be sold, served, or consumed on the premises.

(7)

Each dispensary shall display in a manner legible and visible to its clientele:

Notice that persons without a registry identification card or under the age of 18 are not allowed on the premises.

A request that there be no consumption of medical marijuana on the premises or in the vicinity of the dispensary.

(8)

Dispensaries are to be designed and constructed so that no area or portion where growing marijuana can be visible from the exterior while requiring the entrance to be visible from a public street.

(9)

Medical marijuana dispensaries must conform to regulations for other businesses with similar zoning and all applicable building, fire and safety codes.

(10)

A conditional use permit under the provisions of this section for a nonprofit medical marijuana dispensary may only be received or held by a registered Nonprofit Medical Marijuana Dispensary Agent for a registered and certified medical marijuana dispensary as provided in A.R.S. § 36-2804, and as licensed by the City pursuant to subsection 14-5-18(a)(5) above.

(11)

Drive through services and dispensing machines are prohibited.

(12)

The dispensary shall be operated in compliance with regulations for same that the City may adopt regardless of the date of the grant of an initial business license or the approval of a conditional use permit. Such regulations may be amended from time to time as the City deems appropriate and shall be deemed to be incorporated in any conditional use permit authorized hereunder.

(13)

Appropriate setbacks or screening from residential and other sensitive adjacent properties shall be required.

(14)

The medical marijuana dispensary shall be operated in accordance with the requirements of Article 8-6, licensing of medical marijuana facilities.

(15)

Any other condition as may be approved by the City Council by agreement with the applicant.

(c)

Standard Conditions for Medical Marijuana Cultivation Facilities and Manufacturing Facilities.

(1)

The standard conditions as set forth in subsections (b)(1), (2), (4)—(6), (8)—(11), (13)—(15) shall also be applicable to medical marijuana cultivation and manufacturing facilities.

(2)

Only registered medical marijuana agents as defined by Arizona State law may be present at a medical marijuana cultivation or manufacturing facility. This does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of non-medical marijuana related goods to the premises.

(3)

In addition thereto, health, safety, security, environmental, consumer, utility, industrial, cultivation and manufacturing "best practices" shall apply.

(4)

Water, sewer and other infrastructure impacts shall be addressed.

(d)

Additional Conditions of Approval Authorized. In addition to the standard conditions of approval as set forth in subsection (b) above, the City may add any other condition of approval appropriate to the application considering the location, building, surroundings, adjacent land uses, topography, security and safety considerations, best practices as determined from experience, or any other rational and stated basis, as may be necessary to achieve a compatible land use with the surrounding community as authorized by law.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Res. No. 1825, Exh. A, 2-23-2021; Ord. No. 868, § I, 2-23-2021)

Sec. 14-5-19. - Recreational marijuana.

(a)

Purpose. This article is adopted to protect the health, safety, and welfare of the community. Except as allowed by law for personal, private use, the City enacts reasonable regulations and requires compliance with zoning laws for the retail sale, cultivation and manufacturing of marijuana or marijuana products in a marijuana establishment or marijuana testing facility and the cultivation, processing and manufacturing of marijuana in a primary residence. Nothing in this article is intended to promote or condone the sale, cultivation, manufacture, transport, production, distribution, possession, or use of marijuana or marijuana products in violation of any applicable law.

(b)

Definitions. The below words and phrases, wherever used in this article, shall be construed as defined in this section unless, clearly from the context, a different meaning is intended. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

Chemical extraction means the process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana.

Chemical synthesis means production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.

Consume, consuming, and consumption mean the act of ingesting, inhaling or otherwise introducing marijuana into the human body.

Consumer means an individual who is at least twenty-one years of age and who purchases marijuana or marijuana products.

Cultivate and cultivation mean to propagate, breed, grow, prepare and package marijuana.

Deliver and delivery mean the transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.

Department means the State of Arizona Department of Health Services or its successor agency.

Dual licensee means an entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.

Enclosed area means a building, greenhouse, or other structure that has:

(1)

A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof;

(2)

Is secure against unauthorized entry;

(3)

Has a foundation, slab or equivalent base to which the floor is securely attached; and

(4)

Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors.

Extraction means the process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals or chemical processes.

Manufacture and manufacturing mean to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.

Marijuana:

(1)

Means all parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin.

(2)

Includes cannabis as defined in A.R.S. § 13-3401.

(3)

Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

Marijuana concentrate:

(1)

Means resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.

(2)

Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.

Marijuana establishment means an entity licensed by the department to operate all of the following:

(1)

A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.

(2)

A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.

(3)

A single off-site location at which the licensee may manufacture marijuana products and package and store marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.

Marijuana products means marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.

Marijuana testing facility means the department or another entity that is licensed by the department to analyze the potency of marijuana and test marijuana for harmful contaminants.

Nonprofit medical marijuana dispensary means a nonprofit entity as defined in A.R.S. § 36-2801(12).

Open space means a public park, public sidewalk, public walkway or public pedestrian thoroughfare.

Person means an individual, partnership, corporation, association, or any other entity of whatever kind or nature.

Process and processing means to harvest, dry, cure, trim or separate parts of the marijuana plant.

Public place has the same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01.

Smoke means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.

(c)

Marijuana Prohibited on Public Property.

(1)

The use, sale, cultivation, manufacture, production or distribution of marijuana or marijuana products is prohibited on property that is occupied, owned, controlled or operated by the City.

(2)

It is unlawful for an individual to smoke marijuana in a public place or open space in the City.

(d)

Marijuana Establishments Permitted; Nonresidential. Marijuana establishments shall be regulated with an approved conditional use permit in accordance with the medical marijuana provisions of Section 14-5-18 of the Zoning Code, unless otherwise specified by the regulations contained in this section and A.R.S. Title 36, Chapter 28.2. recreational marijuana establishments shall:

(1)

Not allow a person to consume marijuana or marijuana products on the premises or provide outdoor seating areas.

(2)

Provide for proper disposal of marijuana remnants or by-products. The remnants or by-products shall not to be placed within the facility's exterior refuse containers, City trash can, bin or other City facility, or in any park refuse container unless authorized by the City.

(3)

Not emit dust, fumes, vapors or odors into the environment from the facility and shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of City.

(4)

Not sell marijuana or marijuana products, except as permitted by state law to consumers.

(5)

Not display or keep marijuana or marijuana products that are visible from outside the premises.

(6)

Comply with applicable county health regulations for food preparation and handling.

(7)

Comply with applicable laws to safely and securely engage in extraction processes.

(8)

Submit a written security plan to the City that describes the actions taken to deter and prevent unauthorized entrance into limited access areas including use of security equipment, exterior lighting to facilitate surveillance, and electronic monitoring such as video cameras.

(9)

For a marijuana establishment that engages in cultivation or manufacturing, shall submit a written operations plan to the City that describes the following:

Procedures showing that the marijuana cultivation will be conducted in accordance with state and local laws and regulations regarding use and disposal of pesticides and fertilizers.

The legal water source, irrigation plan, wastewater systems to be used, and projected water use.

The plan for addressing odor and other public nuisances that may derive from the establishment.

(e)

Marijuana Testing Facility Permitted.

It shall be unlawful for a person to operate a marijuana testing facility at any location within the City without first obtaining a conditional use permit from the City in accordance with City Zoning Code Section 14-9-6. Conditional use permits for marijuana testing facilities require approval from the City Council upon recommendation from the Planning and Zoning Commission.

Marijuana testing facilities are permitted with an approved conditional use permit in the C-2, C-3, M-1 and M-2 Zoning Districts and subject to the following conditions:

Shall ensure that access to the area of the facility where marijuana or marijuana products are being tested or stored for testing is limited to a facility's owners or authorized agents.

Shall ensure that transportation of marijuana or marijuana products is in compliance with applicable law.

Shall comply with all testing processes, protocols, standards, and criteria adopted by the department for testing marijuana and marijuana products.

Shall maintain records, equipment and instrumentation as required by the department.

Shall submit a written security plan to the City that specifies the measures that will be taken to deter and prevent unauthorized entrance into limited access areas including the use of security equipment to detect unauthorized intrusion, exterior lighting to facilitate surveillance, and electronic monitoring such as video cameras that provide coverage of all entrances to and exits from limited access areas and all entrances to and exits from the building and has sufficient recording resolution. Security plans shall include all security protocols required by the department.

(f)

Individual's Primary Residence for Personal Use. To the fullest extent allowable by law, marijuana possession, consumption, processing, manufacturing, transportation, and cultivation is permitted in a residential zoning district in the City and is subject to the following conditions and limitation:

It shall be unlawful for any individual who is at least 21 years of age to possess, transport, cultivate or process more than six marijuana plants.

It shall be unlawful for two or more individuals who are at least 21 years of age to possess, transport, cultivate or process more than 12 marijuana plants at the individuals' primary residence.

Except as provided by A.R.S. § 36-2801 et al. and this section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within the municipal boundaries.

Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below 100 degrees Fahrenheit.

Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation.

A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of the City.

Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors.

Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids.

(g)

Retail Sales from Marijuana and Marijuana Products. To the fullest extent allowable by law, the sale of marijuana and marijuana products is authorized within the City from a marijuana establishment and is tangible personal property as defined in A.R.S. § 42-5001 and subject to the transaction privilege tax in the retail classification and use tax.

(h)

Fees.

The permit fees for marijuana establishments and marijuana testing facilities shall be established by Resolution of the Globe City Council pursuant to the adoption of a fee schedule.

(i)

Violations.

(1)

It is unlawful and a violation of this article for a person to sell, cultivate, process, manufacture or transport marijuana or marijuana products if the person fails to meet all the requirements in this article or state law, including the department's rules.

(2)

It is a violation of this article for any person to provide false information on any permit application.

(3)

Each day any violation of any provision of this article shall continue shall constitute a separate offense.

(j)

Enforcement; Penalties.

(1)

The conditional use permit may be revoked by the City for violation of any provision of this article, for any violation of the requirements of the permit, or if the department revokes the license for a marijuana establishment or marijuana testing facility. If a permit is revoked, the permittee shall have the right to appeal the decision of the City to the City Council.

(2)

Violations of this article are in addition to any other violation enumerated within the City Code and in no way limits the penalties, actions or abatement procedures which may be taken by the City for any violation of this article, which is also a violation of any other Code provision of the City or federal or state law. Conviction and punishment of judgment and civil sanction against any person under this article shall not relieve such person from the responsibility of correcting prohibited conditions, or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal thereof.

(3)

Civil Penalty. Violations of any provision of this article shall be civil code offenses which may be adjudicated and enforced by the City civil hearing process set forth in subsection 1-5-1(A) or City Court under Chapter 6 of the City Code.

(Res. No. 1825, Exh. A, 2-23-2021; Ord. No. 868, § I, 2-23-2021)

Editor's note— Res. No. 1825, Exh. A, adopted Feb. 23, 2021, renumbered § 14-5-19 as § 14-5-20, and added § 14-5-19, as set out therein.

Sec. 14-5-20. - Donation boxes, approval required.

(a)

Donation Box Permit. No later than 90 days from the effective date of this chapter, no person shall place, operate, maintain or allow any donation box on any real property without first obtaining an annual permit issued by the Development Services Department ("department"), to locate a donation box.

(b)

Application for a Permit.

(1)

Any person desiring to secure a permit shall make an application to the City of Globe's Department of Development Services

(2)

A permit shall be obtained for each donation box(es) proposed. Combining fees for donation box(es) located on a lot of record may be addressed in the fee resolution.

(3)

The application for a permit shall be upon a form provided by the department and be signed by an individual who is an officer, Zoning Administrator, member or manager of an entity applicant. The applicant shall furnish the following information:

Name, address and email of all partners or limited partners of a partnership applicant, all members of an LLC applicant, all officers and directors of a non-publicly traded corporation applicant, all stockholders owning more than five percent of the stock of a non-publicly traded corporate applicant, and any other person who is financially interested directly in the ownership or operation of the business, including all aliases.

Date of birth of individuals and date of establishment of an entity or the birthdate of an individual applicant.

Whether the applicant has previously received a permit for a donation box in the City or operates a donation box or similar type receptacle without a permit in the City.

The name, address, email and telephone number of a contact person for all matters relating to a donation box located in the City.

(4)

The physical address of the real property where the donation box is proposed to be located.

(5)

A scaled drawing sufficient to illustrate the proposed location of the donation box on the real property, the dimensions of the proposed donation box and that the location complies with all Code requirements.

(6)

If not the owner of the real property, an affidavit from the property owner providing written permission to place the donation box(es) on the property, as well as an acknowledgment from the property owner of receipt of a copy of this article, shall be provided on a form provided by the Zoning Administrator. For purposes of this subsection, the affidavit and acknowledgment may be executed by an individual who is an officer, Zoning Administrator, member or manager of an entity owning the property.

(7)

A nonrefundable fee in an amount established by resolution of City Council.

(8)

Proof of general liability insurance no less than $1,000,000.00 per occurrence.

(9)

Within ten days of receiving an application for a permit, the Zoning Administrator shall notify the applicant whether the permit is granted or denied. If the Zoning Administrator denies an application, the Zoning Administrator shall state in writing the specific reasons for denial.

(10)

No person to whom a permit has been issued shall transfer, assign or convey such permit to another person or legal entity.

(11)

A person shall be issued a permit by the Zoning Administrator if the requirements of this article are satisfied.

(c)

Requirements for a Permit. A permittee shall operate and maintain, or cause to operated and maintained, all donation box locations in the City for which the permittee has been granted a permit as follows:

(1)

Donation boxes shall be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti. Donation boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

(2)

Donation boxes shall have, at minimum, one-half-inch type visible from the front of each donation box the name, address, email, website and phone number of the operator, as well as whether the donation box is owned and operated by a for profit company or a not-for-profit company. The donation box shall not have information, advertising or logos other than those relating to the operator.

(3)

Donation boxes shall be serviced and emptied as needed, but at least every 30 days.

(4)

The permittee and property owner shall maintain, or cause to be maintained, the area surrounding the donation boxes, free from any junk, debris or other material. The property owner shall be responsible to the extent provided by law for the City's cost to abate any nuisance, in accordance with the City Code.

(5)

Donation boxes shall:

Not be permitted on any land used for residential purposes;

Not be permitted on any unimproved parcel, nor where the principal use of the land has been closed or unoccupied for more than 30 days;

Not be less than 1,000 feet from another donation box as measured along a straight line from one box to the other. Notwithstanding this separation requirement, up to two donation boxes on a single lot of record are permitted if the two donation boxes are side by side and are no more than one foot apart;

Not exceed seven feet in height, six feet in width and six feet in depth;

Not cause a visual obstruction to vehicular or pedestrian traffic;

Not be placed closer than ten feet from:

A public or private sidewalk except that this provision does not apply to a private sidewalk as long as the private sidewalk maintains a five-foot clearance;

A public right-of-way;

A driveway; or

A side or rear property line of adjacent property used for residential purposes;

Not cause safety hazards with regard to a designated fire lane or building exit;

Not:

Interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular or pedestrian traffic;

Encroach upon an access drive, off-street parking lot maneuvering lane and/or required parking spaces; and be placed on a dust free paved surface.

(d)

Term of Permit and Renewal of Permit. The permit year shall begin on January 1 of each year and shall terminate on December 31 of the same calendar year. An annual permit issued between December 1 and December 31 of any year shall expire on December 31 of the calendar year next following issuance thereof.

(1)

A donation box permit shall be renewed annually. The application for renewal must be filed not later than 30 days before the permit expires. The application for renewal shall be upon a form provided by the Zoning Administrator.

(2)

The Zoning Administrator shall either approve or deny the renewal of a permit within ten days of receipt of the complete renewal application and payment of the renewal fee. Failure of the Zoning Administrator to act before expiration of the permit shall constitute approval of the renewal of the permit.

(3)

A permit renewal fee set by resolution of the City Council shall be submitted with the application for renewal.

(4)

Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Zoning Administrator in writing of the intent to cancel the permit. The permit shall become void upon the Zoning Administrator's receipt of a written notice of intent to cancel the permit.

(5)

The Zoning Administrator shall approve the renewal of a permit if the Zoning Administrator finds that no circumstances existed during the term of the permit which would cause a violation to exist, and that at the time of submission of the application for renewal, or at any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding required for approval of a new permit. Any permittee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.

(6)

If the permit expires and is not renewed, the donation box(es) must be removed from the real property within a maximum of ten days after expiration of the permit.

(e)

Revocation of Permit, Removal of Donation Boxes and Liability.

(1)

The Zoning Administrator shall have the right to revoke any permit issued hereunder for a violation of this chapter. Any of the grounds upon which the Zoning Administrator may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this chapter or other provisions of this Code or other law shall also constitute grounds for revocation of the permit. The Zoning Administrator shall provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the Zoning Administrator and, thereafter, the permittee shall not be eligible for a permit on the property for the subsequent calendar year.

(2)

Upon revocation, the donation box shall be removed from the real property within ten days and, if not so removed within the time period, the City or the property owner may remove, store or dispose of the donation box at the expense of the permittee and/or real property owner. All costs associated with the removal of the donation box incurred by the City, or the City's contractor shall be the responsibility of the property owner. If such obligation is not paid within 30 days after mailing of a billing of costs to the property owner, the City may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this State against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the City, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder.

A permit for a donation box may be revoked if any governmental authority or agency determines that the donation box has violated the Michigan Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.

(f)

Appeal to Planning and Zoning Commission. Any person aggrieved by the decision rendered by the Zoning Administrator in granting or denying an application for a permit under this chapter or in revoking a permit issued under this chapter may appeal the decision to the Planning and Zoning Commission. The appeal shall be made by filing a written notice thereof with the Development Services Department setting forth the grounds for the appeal not later than ten days after receiving notice of the decision of the Zoning Administrator. The Planning and Zoning Commission may grant relief if the applicant presents clear and convincing evidence that there was an error in the decision of the Zoning Administrator.

(g)

Penalty and Remedies.

(1)

In addition to revocation of permit pursuant to subsection (e), any person violating the provisions of this chapter is guilty of a civil infraction.

(2)

In addition to the penalty provided in subsection (e)(2)a. of this section, any condition caused or permitted to exist in violation of the provisions of this chapter, or any ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

(3)

Nothing in this chapter shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this section for violation of this chapter.

(4)

The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.

(5)

No fines shall be imposed for a violation of this chapter until 90 days after its effective date. All donation boxes existing at the effective date of the article shall apply for a permit as required herein within 30 days of the effective date. Any donation boxes not in compliance with this chapter after 90 days of the effective date shall be subject to all remedies for violation as provided herein.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Res. No. 1825, Exh. A, 2-23-2021; Ord. No. 868, § I, 2-23-2021)

Editor's note— Refer to editor's note under § 14-5-19.