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Parker City Zoning Code

CHAPTER 11

GENERAL PROVISIONS

10-11-1: PURPOSE:

The purpose of this chapter is to establish general development and performance standards applicable to all zoning districts. The standards and regulations set forth in this chapter shall qualify or supplement, as the case may be, the district regulations set forth elsewhere in this title. Any use that is not specifically allowed or not analogous shall hereby be declared to be prohibited. (Ord. 03-2005, 9-6-2005)

10-11-2: USE RESTRICTIONS:

   A.   Permitted Uses: Shall be only those uses listed as permitted uses within the zoning districts and shall be subject to the specific requirements of this title.
   B.   Conditional Uses: Shall be only those uses listed as conditional uses and shall require a conditional use permit in order to be established within the zoning district in which they are listed.
   C.   Zoning Clearance: Is the verification by the zoning administrator, or his/her designated representative, indicating that the proposed building, structure, or use meets all the requirements of this title at the time of building permit review if applicable. Zoning clearances shall be required for all development and construction activities addressed within this title. Any change in use shall also require a zoning clearance.
   D.   Building Permits: Shall be required for all development and construction activities addressed within the adopted building codes as well as other policies, codes, or ordinances adopted by the town of Parker. Building permits shall be obtained prior to any development or construction activity. (Ord. 03-2005, 9-6-2005)

10-11-3: REDIVIDING OF RECORDED LOTS:

   A.   No lot may be divided to create a lot not in conformance with these regulations. No lot shall be divided or combined in any manner other than through subdivision procedures as specified by the town of Parker subdivision ordinance.
   B.   No lot may be reduced in area so as to cause any open space or yard required by this title to be less in dimension than is required for the zoning district and lot in question. (Ord. 03-2005, 9-6-2005)

10-11-4: STREET DEDICATION REQUIREMENTS:

   A.   All lots shall abut a dedicated and accepted public street connecting to the publicly dedicated and accepted street system. Through the PAD process as described in chapter 10 of this title, the town council may allow private streets.
   B.   Except for lots abutting private streets, which have been specifically approved by the town council for a PAD, a building permit shall not be issued for a recorded lot which does not abut a dedicated and accepted public street and the abutting street does not connect to the publicly dedicated and accepted street system.
   C.   Prior to the acceptance by the town of the dedication of a public street, such street shall be designed, graded, and paved in accordance with the provisions of all applicable street standards of the town of Parker. (Ord. 03-2005, 9-6-2005)

10-11-5: UNSUITABLE SITES:

No land shall be used or structure erected if the town engineer or the town's consulting engineer has determined, based on accepted engineering principles and practices, that the land is unsuitable for such use or structure by reason of potential flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, extreme topography, low percolation rate or bearing strength, erosion susceptibility or any other feature or features which may render such use or structure likely to be harmful to the health, safety and general welfare of the community. (Ord. 03-2005, 9-6-2005)

10-11-6: PERFORMANCE STANDARDS:

   A.   Every activity, operation or land use shall comply with the following performance standards regardless of the zoning district in which it is located. The zoning administrator shall be responsible for ensuring compliance with these performance standards and shall invoke the provisions for enforcement of compliance with these performance standards wherever there is reasonable evidence that performance standards are being violated by such activity, operation or use.
      1.   Glare And Heat: Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard along lot lines.
      2.   Lighting: No light that flashes, revolves, or otherwise resembles a traffic control signal shall be allowed in any area where such light could create a hazard for passing vehicular traffic. All outdoor lighting shall be installed, maintained, and utilized in conformance with chapter 14 of this title.
      3.   Fire And Explosion Hazards: All disposal of waste materials by outdoor incineration on the premises is expressly prohibited. All storage of, and other activities involving inflammable and explosive materials shall be provided adequate safety devices against hazards of fire and explosion, together with adequate firefighting and fire suppression equipment and devices standard in industry. All storage of inflammable or explosive materials shall further comply with location requirements set forth by the fire department or as established by this or other town codes and ordinances.
      4.   Vibration: Every use shall be so operated that the ground vibration inherently and recurrently generated is not discernable, without instruments, at any point beyond the site property line.
      5.   Fly Ash, Dust, Fumes, Vapors, Gases And Other Forms Of Air Pollution: No emission shall be permitted which can cause damage to health, to animals, or vegetation, or other forms of property, or which can cause excessive soiling.
      6.   Liquids And Solid Waste: No materials (organic or inorganic), compounds or chemicals, which can contaminate any water supply, interfere with bacterial process in sewerage treatment or otherwise cause emission of elements which are offensive or hazardous to the public health, safety, welfare or comfort shall be discharged at any point into any public sewer, private sewage disposal system or stream or into the ground, except in accordance with the standards approved by the Arizona state department of health and/or environmental quality or such governmental agency as may have jurisdiction over such activities.
      7.   Odors: No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive in such a manner as to create a nuisance or hazard beyond the site property line.
      8.   Noise: No use shall result in noise perceptible beyond the boundaries of the immediate site of the use that exceed the levels, engender annoyance, or create an unhealthy environment for adjacent properties.
      9.   Flooding: No structure or land shall hereafter be constructed, located, extended, converted, or altered within any "area of special flood hazard" that would create a public nuisance or create a hazard to life or property. Encroachment into the floodway, within any area of special flood hazard, shall be prohibited including, but not limited to, fill, new construction, substantial improvements, and other development, unless certification by an Arizona registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (Ord. 03-2005, 9-6-2005)

10-11-7: PROJECTIONS INTO REQUIRED YARDS:

   A.   The space in any required yard shall be open and unobstructed, except for the ordinary projections of chimney flues, awnings, open outside stairways and balconies, windowsills, belt courses, cornices, eaves and other architectural features, provided such features shall not project farther than three feet (3') into any required yard, and provided further that in no case shall such projections be nearer than five feet (5') to the property line.
   B.   Bay windows, including their cornices and eaves, may project into any required yard not more than three feet (3'), provided the sum of such projections on any wall does not exceed one-third (1/3) the length of the wall and provided that in no case shall such projections be nearer than five feet (5') to the property line.
   C.   Mechanical equipment, such as air conditioners, may be constructed within any yard in conformance with this title, provided that in no case shall said mechanical equipment create an open side yard area of less than five feet (5'). This open clear area extends from the front of the structure to five feet (5') beyond the rear of the structure. All mechanical equipment shall be screened from public view.
   D.   A covered unenclosed one-story porch (nonlivable) may project into a required front yard a distance not to exceed ten feet (10') but shall not extend into any required side yard.
   E.   A side entry garage may project into a required front yard a distance not to exceed ten feet (10') but shall not extend into any required side yard.
   F.   For properties zoned R1-7, and located only within the "Parker Central" area, an open carport or shade structure may be allowed to project into the required front yard and/or into the required side yard, but shall not extend beyond the property lines. (Ord. 03-2005, 9-6-2005)

10-11-8: HEIGHT LIMITATIONS:

   A.   Building Height: No building shall be erected, reconstructed, or structurally altered to exceed the height limitations designated for the zone in which such building or structure is located. Height regulations established elsewhere in this title shall not apply to the following:
      1.   In any district, to church spires, belfries, cupolas and domes not for human occupancy, public monuments, water towers, grain elevators or necessary mechanical appurtenances associated with agricultural produce processing, flagpoles for displaying the USA or state of Arizona flags. Also noncommercial radio or television antennas or wireless communication towers as approved in accordance with the requirements of chapter 16 of this title.
      2.   Chimneys in residential districts may be two feet (2') above the roofline of the residential structure, even if the roofline is at the maximum building height.
   B.   Height Limitation On Corner Lots: Notwithstanding any other provisions in any zoning district, the height of any buildings, fences, walls, retaining walls, gateways, ornamental structures, hedges, shrubbery and other fixtures, and construction and landscape plantings on corner lots in all zoning districts shall be limited as follows:
      1.   Height shall not exceed two feet (2') above the established elevation of the intersecting streets for a distance of twenty five feet (25') on local residential streets along the front and side lot lines and within the triangle formed by the connection of these two (2) lot lines, and thirty three feet (33') on collector and arterial streets along the front and side lot lines and within the triangle formed by the connection of these two (2) lot lines. (See exhibit 1 of this section.)
      2.   Within this triangle, and in cases where front yards are terraced, the ground elevation of such front yards also shall not exceed two feet (2') above the established street elevation of the intersecting streets.
Exhibit 1 - Clear Sight Triangle
 
(Ord. 03-2005, 9-6-2005)

10-11-9: ACCESSORY BUILDINGS AND USES:

   A.   Accessory buildings or uses shall not be constructed or established on a lot until construction of the principal building has been actually commenced or the primary use established except in the RR-20 and RR-2.5 zoning districts.
   B.   Accessory buildings shall not be used for dwelling purposes except for a guesthouse or an agricultural living quarters as permitted elsewhere in this title.
   C.   All accessory buildings and accessory uses, such as, but not limited to, guesthouses, agricultural living quarters, barns and corrals, garages, and swimming pools, shall require building permits and/or zoning clearance and shall adhere to any applicable provisions elsewhere in this title.
   D.   Accessory buildings shall be set back a minimum of three feet (3') from the rear and interior side property lines. If located closer than six feet (6') to the principal dwelling, then the accessory structure must be attached to the principal dwelling through an integral roof structure a minimum of six feet (6') in width, except for owner assembled garden sheds under one hundred twenty (120) square feet in size.
   E.   In the case of corner lots, accessory buildings shall maintain side yard setbacks from the street side lot line as required for the main structure in that zone; and when a garage is entered from an alley, it shall not be located nearer than ten feet (10') to the alley line.
   F.   Accessory buildings shall not exceed the height regulations of the zoning district within any part of the buildable lot area, and shall not exceed fifteen feet (15') in height in any required yard.
   G.   All accessory buildings or uses, except for wells and related well equipment, shall have the same electrical meter as the principal building or use, unless the public utility determines that a separate meter is required for safety reasons which shall be determined on a case by case basis.
   H.   Sea containers and semitrailers shall be prohibited in all residential and commercial zoning districts as a principal or accessory building and/or use. Manufactured homes may not be used as an accessory building in any district. Railroad cars shall be prohibited in all residential zoning districts as a principal or accessory building and/or use. (Ord. 03-2005, 9-6-2005)

10-11-10: FENCES AND WALLS:

   A.   Permit Required: No person, firm or corporation, except for an agricultural activity in the RR-20 or RR-2.5 zoning districts, shall construct, or cause to be constructed or erected, any fence or wall within the city, without first making application for and obtaining a building permit for such construction.
   B.   Construction; Maintenance; Repair: Every fence or wall shall be constructed in a workmanlike manner and be of a conventional fencing material such as masonry, preformed concrete sections, treated wood, or wrought iron except as may be specified elsewhere within this title. Any materials not specified as approved within this title shall not be used. Every fence or wall shall be maintained in a condition of good repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, and shall not be allowed to constitute a public or private nuisance. Any such fence or wall that is, or has become, dangerous to the public safety, health or welfare, or has become unsightly through improper maintenance or neglect, shall be deemed to be a public nuisance, and the zoning administrator may commence proper proceedings for the abatement of such nuisance.
   C.   Location: All fences and walls shall be located entirely on the private property of the person, firm or corporation constructing, or causing the construction of any such fence or wall, unless the owner of the adjoining property agrees, in writing, that such fence or wall may be erected on the division line of the respective properties, except where otherwise restricted by this title.
   D.   Height Restrictions: In all districts a fence or wall or hedge may be erected or maintained at a height no greater than three feet (3') within the required front or street side setback. In all residential districts the maximum height of any fence or wall located outside of the buildable area of the lot shall be six feet (6'). Within the commercial and industrial districts the maximum fence or wall height shall be eight feet (8') except that fences or walls abutting a residential district shall not exceed six feet (6') in height. These height regulations shall not apply when fences or walls of greater height are required by the planning and zoning commission or town council in order to provide adequate screening as required by this title. Utility companies, which are regulated by the Arizona corporation commission, and schools, public and quasi-public institutions including correctional facilities, may be allowed increased fence heights due to national or state standards.
   E.   Corner Lots And Key Lots:
      1.   On a corner lot contiguous to a key lot a fence, wall, or hedge over three feet (3') in height may be placed on the street side property line, except within a triangle measured from the front lot line of the key lot extending ten feet (10') along the common property line and ten feet (10') measured from the common property line extending along the street side property line of the corner lot towards the front property line of the corner lot.
      2.   On a key lot contiguous to a corner lot, a fence, wall, or hedge not exceeding six feet (6') in height may be erected along the property line contiguous with the rear yard of the corner lot, but such fence, wall or hedge shall not come closer to the front lot line of the key lot than ten feet (10').
   Exhibit 2 - Fencing For Corner And Key Lots
 
   F.   Measurement: Fence and wall heights shall be measured at the outside of the wall from low side natural grade to the top of the wall.
   G.   Finished Elevation: Any fence or wall that is constructed to have only one elevation "finished", which shall be defined as not having its supporting members significantly visible (stucco, paint, etc.), shall be erected so that the finished elevation of the fence is exposed to the adjacent property or street.
   H.   Gates: An arched entry gate/feature may be permitted within the front yard setback, provided it is an integral part of an approved front yard wall and does not exceed a height of eight feet (8') nor a width of eight feet (8').
   I.   Electrical Fences: Electrical fences shall be prohibited except around public or quasi-public facilities when necessary for the restraint of the occupants and within the RR-20 zoning district for the containment of animals.
   J.   Barbed Wire And Concertina (Razor) Wire:
      1.   Barbed wire and concertina wire are prohibited in all residential zoning districts.
      2.   Barbed wire may be permitted in commercial and industrial zoning districts for security purposes surrounding allowed outdoor storage areas, provided the barbed wire is located six feet (6') or more above grade and angled inward so as not to be visible from public view.
   K.   Tennis Court Fences: Fences surrounding a tennis court shall not exceed twelve feet (12') in height and must conform to the principal building setback requirements for the zoning district within which it is located. (Ord. 03-2005, 9-6-2005)

10-11-11: SWIMMING POOLS:

   A.   Any swimming pool along with incidental installations, such as pumps and filters, shall be completely enclosed by a permanent fence, wall or barrier to restrict access to the swimming pool from public property, from adjoining private property, and directly from all dwelling units or guestrooms of a hotel, motel or resort development located on the same premises as the swimming pool.
   B.   Swimming pools along with incidental installations, such as heater, pump and filter or other mechanical equipment used in association with a private swimming pool may be located in required yards, other than the required front yard, provided such pool sets back from all lot lines a minimum distance of three feet (3'). Any such mechanical equipment shall be situated so that no exhaust, vibration, noise, or other nuisance creates a disturbance to the adjoining property.
   C.   The protective pool enclosure and barrier shall not contain openings that might be used for foothold or handhold climbing purposes and shall not be less than five feet (5') nor more than six feet (6') in height.
   D.   Residential structure walls containing exterior entry doors or windows shall not open directly into the pool enclosure area.
   E.   Access to the swimming pool area shall be through barrier walls or gates that are equipped with a minimum five foot (5') high self-closing and self-latching gate which shall open outward away from the pool with the latch/lock placed at least fifty four inches (54") above the underlying ground and with the closing device (spring, pneumatic) at least thirty six inches (36") above the underlying ground. Any vertical opening(s) or opening(s) at ground level in a pool enclosure fence (e.g., wrought iron) shall be of such size that a spherical object four inches (4") in diameter cannot pass through the opening(s). Wrought iron or wood barriers or enclosures shall be constructed with at least fifty four inches (54") between the top surfaces of the horizontal members.
   F.   In all residential districts, contained bodies of water, either above or below ground level, with the container being eighteen (18) or more inches in depth and/or wider than eight feet (8') at any point, measured perpendicular to the long axis, shall conform to the location and fencing requirements for swimming pools. Irrigation and storm water retention facilities, and the water features in public parks and golf courses are exempt from the fencing requirements of this section. (Ord. 03-2005, 9-6-2005)

10-11-12: HOME OCCUPATIONS:

   A.   A home occupation shall be considered a permitted accessory use in all residential districts, provided that it is operated and maintained to not interfere with the peace, quiet, and dignity of the "property owners" or "neighbors" (defined as those who live nearby where the occupation can be seen or heard or other nuisance impacts detected), if it complies with the following regulations:
      1.   All home occupations shall be clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes. A valid town sales tax and/or business license shall be maintained for the home occupation use.
      2.   Is conducted entirely from within the principal residence, garage, or accessory building and shall not change the residential character thereof. Carports and yards may not be used for home occupations. Exceptions to this provision shall be made for swimming lessons or in home daycare.
      3.   No more than twenty five percent (25%) of the gross floor area of the dwelling shall be devoted to the home occupation. Areas devoted to the home occupation use shall maintain a residential appearance.
      4.   There shall be no employees other than members of the immediate family residing in the dwelling unit where the home occupation is being operated.
      5.   Deliveries and pick ups shall not block traffic circulation and shall occur only between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. Monday through Saturday. No business shall be conducted which requires delivery vehicles or other services not customary to a residence.
      6.   There shall be no external evidence of the activity such as outdoor storage, displays, noise, dust, odors, fumes, vibration, electrical interference or fluctuation, or other nuisances discernible beyond the property lines.
      7.   No signs signifying the business or any commercial product or service are allowed.
      8.   Customer/patron and shipping/receiving trip generation shall not exceed five (5) trips a day. Exceptions to this shall be allowed for music and swim lessons and home daycare providers, provided traffic does not disturb residential tranquility.
      9.   No vehicle used in conjunction with the home occupation, with a payload rating of more than one ton, shall be stored on the site. Outside storage of heavy equipment or material shall be prohibited.
      10.   Any parking incidental to the home occupation shall be provided only in the driveway and shall not create hazards or street congestion.
      11.   Storage of goods and materials necessary for the home occupation shall not include flammable, combustible or explosive materials.
      12.   The home occupation does not use or create hazardous waste.
   B.   The following are some examples of uses, which would be acceptable as home occupations, provided they comply with the above regulations:
      1.   Home offices, with no client visits to the home permitted.
      2.   Artists, sculptors, composers not selling their artistic product to the public on the premises.
      3.   Craftwork, such as jewelry making, pottery, woodworking, and metal working, with no sales permitted on the premises.
      4.   Music lessons, swim lessons, and tutoring, with not more than five (5) persons at any one time.
      5.   Personal services such as catering and seamstress services.
      6.   Telephone answering, message services, word processing and other computer applications.
      7.   Daycare, as specified in chapters 5 and 6 of this title.
      8.   Door to door sales or party sales not on the premises.
   C.   A home occupation shall not include the following uses (this list is not all inclusive):
      1.   Medical, dental, physical therapy or psychotherapy, real estate offices, and insurance offices.
      2.   Motor vehicle repair, painting, storage, restoration or conversion, engine repair or similar uses, except on a vehicle personally owned by the resident.
      3.   Temporary or permanent motor vehicle display for purposes of sale or lease.
      4.   Furniture refinishing.
      5.   Veterinarian office, animal grooming facilities, and animal care, kennels or boarding facilities.
      6.   Machine shop.
      7.   Retail sales.
      8.   Beauty or barber shops.
      9.   Contractors' shops or storage yards.
      10.   Body piercing and/or painting and tattoos.
   D.   Complaints by citizens or local residents may be cause for immediate termination of the home occupation use if appropriate measures cannot be undertaken to mitigate the complaint or violations. All complaints or violation of the above conditions shall be registered with, and reviewed by, the zoning administrator. (Ord. 03-2005, 9-6-2005)

10-11-13: OUTDOOR STORAGE AND JUNK AUTOMOBILES:

   A.   With the exception of retail sales displays in an approved commercial area, outdoor storage shall be screened from public view by a six foot (6') high solid masonry fence or a view obscuring fence, with no storage visible above the wall or fence. The presence of hazardous materials, not used on site in association with the permitted business, is prohibited.
   B.   Storage of licensed motor homes, farm trailers, boats, travel trailers, camping trailers, utility trailers, or other such trailers may be permitted in any residential district, provided that the owner of the motor home, farm trailer, boat, travel trailer, camping trailer, utility trailer, or other such trailer resides on the property to which it is stored. Such vehicles if located or stored outside of a garage, carport or barn, must be stored in the following manner:
      1.   The vehicle/trailer shall be stored in the rear or side yard behind the front line of the primary structure.
      2.   The vehicle/trailer shall not be located closer than five feet (5') to any side or rear lot line.
      3.   In "Parker Central" the vehicle/trailer may be located along the rear and one side lot line; provided at least one required side yard is left unobstructed.
   C.   Placement in other than the rear or side yard for loading and unloading purposes may be permitted for a period not to exceed seventy two (72) hours.
   D.   In all residential districts, junk automobiles shall be stored in a completely enclosed building. In all other districts, the storage of junk automobiles is prohibited, unless otherwise permitted and under the specific conditions outlined within this title. (Ord. 03-2005, 9-6-2005)
   E.   The parking or storage of any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding twenty six thousand five hundred (26,500) pounds, or a tractor, semitrailer, or bus is prohibited in any residential district except in the RR-20 zoning district when in association with a farming activity unless the owner or operator of such commercial vehicle has obtained a permit from the town as provided in subsection F of this section. Parking and storage of commercial vehicles may be allowed within the screened storage area of an approved commercial or industrial use or where otherwise allowed and under the specific conditions outlined in this title.
   F.   1. An application for a permit pursuant to subsection E of this section shall be made on forms furnished by the town. The application shall include such information as is required by the town including, without limitation, the applicant's name, residence and signature, and shall be submitted to the Parker police department. Each vehicle described in subsection E of this section shall require a separate permit.
      2.   All such applications shall be accompanied by a nonrefundable permit fee in the amount of twenty five dollars ($25.00).
      3.   Upon receipt of a completed application form and the required permit fee, the police department shall issue a permit to the applicant on a form prescribed by the town. Only residents of the town shall be issued a permit. All permits shall be valid for the calendar year in which they were issued and must be renewed in January of each subsequent year upon submission of a renewal application on forms furnished by the town and payment of the required permit fee.
      4.   Permittees shall be issued a decal which shall be displayed on each permitted vehicle. Decals shall be color coded for the applicable year in which they were issued.
      5.   No permit issued under the provisions of this subsection shall be in any manner assignable or transferable to any other person, firm, company or corporation other than is therein mentioned or named.
      6.   Permitted vehicles shall not be parked longer than fourteen (14) consecutive days. Permittees who violate this subsection F6 are subject to revocation of their permit in addition to other penalties imposed in this code.
      7.   Any person found guilty of violating any provision of this subsection shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described.
      8.   Violations of this subsection are in addition to any other violation enumerated within this code and in no way limit the penalties, actions or procedures which may be taken by the town for any violation of this subsection which is also a violation of any other provision of this code or any other applicable law. (Ord. 08-2007, 10-9-2007)

10-11-14: DUMPING AND DISPOSAL:

   A.   No person shall obstruct or reduce the capacity of any natural or manmade waterway within the town by filling or dumping any earth, stone or other materials therein.
   B.   The use of land for the storing, dumping, or disposal of scrap iron, junk, garbage, rubbish or other refuse, ashes, landscape wastes, or industrial wastes or byproducts shall be prohibited in every zoning district except as specifically otherwise provided in this title. All stored, dumped or disposed of above listed materials existing on a property at the time of the passage hereof shall, within twelve (12) months of its passage, be made to comply fully with these requirements and/or remove said materials from the property. (Ord. 03-2005, 9-6-2005)

10-11-15: TEMPORARY EVENTS OR USES:

   A.   The provisions of this section do not apply to garage sales or rummage sales. All other temporary carnivals, circuses, revivals, rodeos, swap meets, seasonal or cultural activity, block parties, holiday boutiques, pumpkin and Christmas tree lots, haunted houses or other community activity may be permitted only in residential districts when utilizing a temple, mosque, synagogue or church facility, in the PL zoning district with the appropriate town approvals, or in the commercial districts.
   B.   All such temporary uses, except for church and/or school run charitable functions or fundraising activities, shall be processed in accordance with section 10-3-5 of this title. In addition, the applicant for a temporary event or use may also have to comply with the provisions of this code.
   C.   Permanent structures shall not be permitted under a temporary use permit. (Ord. 03-2005, 9-6-2005)

10-11-16: RECREATIONAL VEHICLE PARKS:

   A.   Conditional Use Permit: Recreational vehicle (RV) parks shall be allowed in the R-3 zoning district with a conditional use permit issued by the town council in accordance with section 10-3-4 of this title.
   B.   Site Specifications: All RV parks shall provide adequate streets, driveways, walkways, proper layout of park, proper sanitary facilities, adequate fire protection, adequate water supply, and adequate protection of surrounding properties. All RV parks shall comply with the following in addition to other requirements of this title:
      1.   No manufactured homes or site built dwelling units shall be permitted, except for that of the owner/manager and permanent maintenance personnel.
      2.   RV parks shall not be used as permanent residences, except for that of the owner/manager and permanent maintenance personnel. All recreational vehicles within an RV park shall display current license plates/tags and shall not be parked nor occupied for more than one hundred eighty (180) days per calendar year.
      3.   No "park model" units shall be permitted within an RV park.
      4.   Recreational amenities such as swimming, shuffleboard, and tennis and/or social centers, which may be used for dancing, crafts, hobbies, games, meetings, banquets, and similar recreational uses, shall be developed and may be of conventional construction.
      5.   There shall be a maximum density of twenty (20) spaces per net acre. Each space shall be a minimum of one thousand two hundred fifty (1,250) square feet and at least thirty feet (30') in width. There shall be a minimum of five feet (5') between adjoining recreational vehicles, including all attached awnings or shade canopies.
      6.   Each park must provide an adequate and easily identifiable office or registration area. The location of the office shall not interfere with the normal flow of traffic into and out of the RV park.
      7.   Each RV unit shall be equipped with wheels, which remain on the unit; however, the wheels may be blocked for stability.
      8.   Each designated space in the park shall have a concrete slab for the parking of the RV unit. There shall be no RV parking other than in a designated space and on the concrete slab.
      9.   No permanent room addition shall be attached to the RV unit nor shall the unit be attached to any permanent structure.
      10.   A minimum of one toilet, one sink, and one hot shower provided for men, and one toilet, one sink, and one hot shower provided for women, each designed for complete privacy, for each twenty (20) spaces, or fraction thereof.
      11.   A common use laundry facility shall be provided at a ratio of one washer and one dryer for each twenty (20) spaces, or fraction thereof.
      12.   At least one public telephone shall be provided.
      13.   Shall provide at least one approved disposal site/pumping station for both water and sewer holding tanks for the RV units.
      14.   A decorative solid masonry perimeter wall shall be constructed around the entire RV park.
      15.   Conversion of an established RV park, to another residential use, shall be subject to approval as outlined in section 10-3-7 of this title and shall be limited to the number of dwelling units per acre of the zoning district in which it is located, unless rezoned. (Ord. 03-2005, 9-6-2005)

10-11-17: RECREATIONAL VEHICLE SUBDIVISIONS:

   A.   Conditional Use Permit: Recreational vehicle (RV) subdivisions shall be allowed in the R-3 zoning district with a conditional use permit issued by the town council in accordance with section 10-3-4 of this title.
   B.   Site Specifications: All RV subdivisions shall provide adequate streets, walkways, proper layout of park, proper sanitary facilities, adequate fire protection, adequate water supply, and adequate protection of surrounding properties. All RV subdivisions shall comply with the following in addition to other requirements of this title and the Parker subdivision ordinance:
      1.   No manufactured homes or site built dwelling units shall be permitted except for that of the owner/manager, permanent maintenance personnel and approved "park model" units.
      2.   RV subdivisions shall not be used as permanent residences except for that of the owner/manager and permanent maintenance personnel. Maximum length of stay in any RV subdivision shall be one hundred eighty (180) days per calendar year.
      3.   A "park model" unit may be permitted in the RV subdivision year round. All other types of RV units shall be restricted to a maximum length of stay of one hundred eighty (180) days after which they shall be required to be removed.
      4.   A recreational clubhouse or social center, as a commonly owned amenity, shall be developed and may be of conventional construction.
      5.   There shall be a maximum density of twenty (20) lots per net acre. Each lot shall be a minimum of one thousand two hundred fifty (1,250) square feet and at least thirty feet (30') in width. There shall be a minimum unobstructed side yard setback of five feet (5').
      6.   Each development must provide an adequate and easily identifiable office or registration area. The location of the office shall not interfere with the normal flow of traffic into and out of the RV subdivision.
      7.   Each RV unit shall be equipped with wheels, which remain on the unit; however, the wheels may be blocked for stability.
      8.   Permanent porches/decks that the RV unit can pull up to and use may be permitted, provided there is no more than one porch/deck per lot provided. A small storage building, under one hundred twenty (120) square feet in size, may be permitted for each lot.
      9.   Each lot shall have a concrete slab for the parking of the RV unit. There shall be no RV parking other than on an individual lot and on the concrete slab.
      10.   Each lot shall have water and sewer hookups per town approval.
      11.   A minimum of one toilet, one sink, and one hot shower provided for men, and one toilet, one sink, and one hot shower provided for women, each designed for complete privacy, for each twenty (20) lots, or fraction thereof.
      12.   A common use laundry facility shall be provided at a ratio of one washer and one dryer for each twenty (20) lots, or fraction thereof.
      13.   At least one public telephone shall be provided.
      14.   A decorative solid masonry perimeter wall shall be constructed around the entire RV subdivision.
      15.   Conversion of an established RV subdivision, to another residential use, shall be subject to the provisions of the Parker subdivision ordinance, approval as outlined in section 10-3-7 of this title, and shall be limited to the number of dwelling units per acre of the zoning district in which it is located, unless rezoned. (Ord. 03-2005, 9-6-2005)

10-11-18: MARIJUANA USES:

The following minimum requirements shall apply to all marijuana establishments, medical marijuana dispensary and marijuana cultivation location uses permitted under Arizona Revised Statutes section 36-2801 et seq., section 36-2850 et seq., and subsections 10-7-2C and 10-8-2A of this title:
   A.   In addition to any other application requirements, an applicant under this section shall provide the following:
      1.   A notarized authorization, executed by the property owner, acknowledging and consenting to the proposed use of the property as a marijuana establishment, medical marijuana dispensary, or a marijuana cultivation location.
      2.   The legal name of the marijuana establishment, medical marijuana dispensary or marijuana cultivation location.
      3.   If the application is for a marijuana cultivation location, the name and location of the marijuana establishment, marijuana dispensary with which it is associated, and, in addition, in the case of designated caregivers or qualifying patients, the names of qualifying patients for which the medical marijuana is being cultivated.
      4.   The name, address and birth date of each officer and board member of the nonprofit medical marijuana dispensary agent and if operating as a marijuana establishment or dual licensee, the name, address and birth date of each owner of the business organization and the technical laboratory director.
      5.   The name, address, birth date and a) valid registry identification card number of each medical marijuana dispensary agent if the application is related to a medical marijuana dispensary or a related medical marijuana cultivation location and b) valid registry identification card number of each designated caregiver and qualifying patient if the application is related to a medical marijuana cultivation location associated with such qualifying patient and designated caregiver; and c) a copy of the license of a marijuana facility agent if operating as a marijuana establishment or dual licensee.
      6.   A copy of the operating procedures adopted in compliance with Arizona Revised Statutes section 36-2804(B)(1)(c) and if operating as a marijuana establishment or dual licensee, any policies and procedures required by rule by the Department of Health Services pursuant to section 36-2854.
      7.   A notarized certification that none of the medical marijuana dispensary officers or board members, and if operating as a marijuana establishment or dual licensee, that none of the marijuana establishment principal officers or board members has been convicted of an excluded felony offense.
      8.   A notarized certification that none of the medical marijuana dispensary officers or board members has served as an officer or board member for a medical marijuana dispensary that has had its registration certificate revoked and if operating as a marijuana establishment or dual licensee, that none of the principal officers or board members of the marijuana establishment has had its license revoked.
      9.   A floor plan showing the location, dimensions and type of security measures demonstrating that the marijuana establishment, medical marijuana dispensary or marijuana cultivation location will be secured, enclosed and locked as required by law.
      10.   A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the marijuana establishment, medical marijuana dispensary or marijuana cultivation location to the property boundary of the parcel containing any existing uses listed in subsection C of this section. If any of the uses are located within fifty feet (50') of the minimum separation, the drawing, showing actual surveyed separations, shall be prepared by a registered land surveyor.
   B.   A medical marijuana dispensary or marijuana establishment shall have operating hours not earlier than nine o'clock (9:00) A.M. and not later than eight o'clock (8:00) P.M., Monday through Sunday.
   C.   A cultivation location for a medical marijuana dispensary or marijuana establishment shall meet the following minimum separation requirements, measured in a straight line from the closest boundary of the parcel containing the marijuana establishment, medical marijuana dispensary or marijuana cultivation location to the closest property boundary of the parcel containing any existing uses listed below:
      1.   Five hundred feet (500') from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility.
      2.   Five hundred feet (500') from a public, private, parochial, charter, dramatic, dancing or music school, a learning center, child care facility, facility that provides preschool programs, or other similar school or educational facility that caters to children.
      3.   Two hundred fifty feet (250') from any residential zoning district or residential use.
      4.   Five hundred feet (500') from a childcare center.
      5.   Five hundred feet (500') from a public library or public park.
      6.   Five hundred feet (500') from a religious institution.
   D.   Pursuant to the application requirements and provisions under Arizona Revised Statutes sections 36-2804 and 2806, and except as provided under the act for qualifying patients and designated caregivers, a medical marijuana cultivation location may only cultivate, process, supply, sell or otherwise provide medical marijuana to medical marijuana dispensaries located in Arizona, and only one medical marijuana cultivation location shall be permitted for the single Arizona medical marijuana dispensary with which it is associated.
   E.   The following size limitations shall apply as follows:
      1.   The total maximum floor area of a marijuana establishment or medical marijuana dispensary, inclusive of any secure storage area, shall not exceed two thousand five hundred (2,500) square feet.
      2.   The secure storage area for the marijuana stored on site at the marijuana establishment or medical marijuana dispensary shall not exceed five hundred (500) square feet.
      3.   For a marijuana establishment or a medical marijuana dispensary that is also a marijuana cultivation location, the total maximum floor area that may also be used for cultivation and incorporation or processing of the marijuana into consumable or edible products inclusive of any secure storage area, shall not exceed three thousand five hundred (3,500) square feet. The secure storage area for the marijuana stored at a marijuana establishment or medical marijuana dispensary that also is a cultivation location shall not exceed one thousand five hundred (1,500) square feet.
   F.   The following size limitations shall apply to any cultivation location that is not also a marijuana establishment or medical marijuana dispensary location:
      1.   The total maximum floor area of a cultivation location inclusive of any secure storage area, shall not exceed three thousand (3,000) square feet.
      2.   The secure storage area for the marijuana stored at the cultivation location shall not exceed one thousand (1,000) square feet.
   G.   A marijuana establishment, medical marijuana dispensary or cultivation location shall:
      1.   Be located in a permanent building and may not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other mobile vehicle. The facility shall include fire protection measures, including sprinklers, as required by the Parker fire code.
      2.   Install lighting to illuminate the exterior and all entrances and exits to the facility. Exterior lighting shall be five (5) foot-candles, measured at ground level, and shall remain on during all hours between sunset and sunrise each day and the marijuana establishment, medical marijuana dispensary or cultivation location shall illuminate all areas of the premises, including adjacent public sidewalks so that the areas are readily visible by law enforcement personnel.
      3.   Not emit dust, fumes, vapors or odors into the environment.
      4.   Not provide off site delivery of marijuana, except as otherwise permitted by law for medical marijuana.
      5.   Have no on site sales of alcohol or tobacco, and no on site consumption of food, alcohol, tobacco or marijuana by invitees, patrons, or employees of the business.
      6.   Not have outdoor seating areas.
      7.   Display a current town of Parker business license, and a state of Arizona tax identification letter.
      8.   Provide law enforcement and all interested neighbors with the name and phone number of an on site community relations staff person to notify if there are operational problems with the establishment.
      9.   On its exterior, be compatible with structures already constructed or under construction within the immediate neighborhood, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.
      10.   Give unrestricted access to town code enforcement officers, police officers or other agents or employees of the town requesting admission for the purpose of determining compliance with these standards.
      11.   Comply with all other applicable property development and design standards of the town of Parker.
      12.   Comply with security requirements as required by Arizona Revised Statutes section 36- 2803 and Title 9, Chapter 17 of the Arizona Administrative Code for a medical marijuana dispensary or section 36-2854 and Title 9, Chapter 19 of the Arizona Administrative Code for a marijuana establishment.
      13.   Provide, if determined necessary by the town manager at any time for all types of marijuana facilities, a neighborhood security guard patrol for a two (2) block radius surrounding the marijuana establishment, medical marijuana dispensary or cultivation location during all or specified hours of operation.
      14.   Not have any doctor or other person issue a written certification on site for medical marijuana.
      15.   Only dispense medical marijuana to qualified patients and their designated caregivers as defined in the act.
      16.   Notify patrons of the following verbally and through posting of a sign in a conspicuous location at the marijuana establishment or medical marijuana dispensary:
         a.   Use of medical marijuana shall be limited to the patient identified on the doctor's written certification. Secondary sale, barter or distribution of medical marijuana is a crime and can lead to arrest.
         b.   Patrons must immediately leave the site and not consume marijuana until at home or in an equivalent private location. Marijuana establishment or medical marijuana dispensary staff shall monitor the site and vicinity to ensure compliance.
      17.   Not provide marijuana to any individual in an amount not consistent with personal medical use, or in violation of state law and regulations related to marijuana use.
      18.   Not store more than two hundred dollars ($200.00) in cash overnight on the premises.
      19.   For a medical marijuana dispensary, require any person under the age of eighteen (18) be accompanied by a parent or legal guardian to enter the facility; and for a marijuana establishment, require any person under the age of twenty-one (21) be accompanied by a parent or legal guardian to enter the facility.
      20.   Not have any sign, advertising, or any other advertising matter used in connection with the marijuana establishment, medical marijuana dispensary or cultivation location be of any offensive nature and shall in no way be contrary to this code, or obstruct the view of the interior of the premises viewed from the outside. (Ord. 04-2011b, 5-17-2011; amd. Ord. 01-2025, 7-15-2025)