The intent of this chapter is to present regulations which apply to two or more zones rather than to repeat them several times in those zones. It is not the intent of this chapter to specify uses allowed within any zone but to set forth supplementary and qualifying conditions which must be complied with in connection with such uses.

(Code 1999, § 17.12.010; Ord. No. 96-347, § 1(11-3-1); Ord. No. 13-004, 4-8-2013)

No space needed to meet the width, yard, areas, coverage, parking frontage on a public street or other requirements of this title for a lot or building is to be sold, bequeathed, or leased apart from such lot or building unless other space so complying is provided, nor shall any land be sold which will result in an existing or future lot for dwelling purpose that does not comply with all of the provisions of this title.

(Code 1999, § 17.12.020; Ord. No. 96-347, § 1(11-3-2))

A.

Outbuildings. Customary outbuildings, including garages, sheds, swimming pools, satellite earth stations, accessory buildings, may be located within or maintained as accessory to any building lawfully within the boundaries of any specified district.

B.

Accessory buildings.

1.

Accessory buildings constructed of metal, wood, or block with a roof area exceeding 120 square feet may be built in the required rear yard but such accessory buildings shall not occupy more than 30 percent of the required rear yard. See sections 17.68.010 and 17.68.020 for setback and separation requirements.

2.

Metal accessory buildings may be built on the property line, provided the roof area does not exceed 120 square feet.

3.

Accessory buildings shall not exceed the height of the main building.

4.

In the case of corner lots, accessory buildings shall be placed at least 15 feet from the street side property line.

5.

An accessory building shall not be located in the front yard.

6.

The minimum separation between an accessory building with a roof area exceeding 120 square feet and the main building shall be ten feet.

C.

Swimming pool protection. All private or semipublic swimming pools shall not be less than five feet from the nearest property.

D.

Satellite earth stations.

1.

Satellite earth stations that are 1.5 meters (just under five feet) or less in diameter may be located anywhere on a property with a residential use except in the front yard or above 15 feet in height and provided that they meet the setback requirements as shown in section 17.68.020 for accessory buildings. Special setbacks apply on corner lots.

2.

Larger satellite earth stations are allowed in residential districts provided they are not located in any front yard or in any required side yard, and provided they meet the required rear setback requirements for accessory structures as shown in section 17.68.020 and subject to the following:

a.

They can only be used for private, noncommercial purposes;

b.

When these larger earth stations are used by single-family or two family dwellings they must be screened from adjacent properties with walls, berms or landscaping.

3.

The department shall review and, if found to be in compliance with these regulations, shall approve satellite earth stations larger than 1.5 meters in diameter in commercial zoning districts. In commercial districts, any dish antenna may not be placed more than 25 feet above the site's natural grade.

4.

In industrial districts, microwave and dish antennas are permitted uses without regulation on their height, size or screening.

E.

Portable carports.

1.

Portable carports having under 200 square feet of roof area shall be allowed after obtaining written permission from the building inspector in all residential districts subject to the provisions of this section. Portable carports having 200 square feet or more of roof area will require a building permit.

2.

Portable carports shall be installed in accordance with the following:

a.

Portable carports must remain open on four sides.

b.

Portable carports must be anchored in such a manner as to prevent wind uplift.

c.

Portable carports may not be permanently anchored to concrete slabs or footings or otherwise anchored in a manner that would impede ready removal and portability.

d.

All anchoring systems must be inspected and approved by the city building inspector.

3.

Portable carports may not encroach into required front or side setbacks when adequate area and access otherwise exist.

4.

Where lot size, area, access, or configuration limitations do not permit the installation of portable carports without encroaching into the required front, side or rear setbacks, encroachment may be permitted by the zoning administrator subject to the following:

a.

That the applicant obtains consent for the installation of the portable carport in the proposed location from all abutting property owners.

b.

The decision of the zoning administrator may be appealed to the board of adjustment.

(Code 1999, § 17.12.030; Ord. No. 96-347, § 1(11-3-3) ; Ord. No. 01-001(part); Ord. No. 02-009(part); Ord. No. 13-004, 4-8-2013; Ord. No. O24-008, Exh. A, 10-14-2024)

The storage of more than one truck having a rated capacity of one and one-half tons and the storage of construction equipment such as bulldozers, graders, cement mixers, compressors, dump trucks, etc., shall not be permitted on any lot in any residential zone, provided that construction equipment may be stored on a lot during construction of a building thereon, as evidenced by a valid city building permit, but not to exceed one year.

(Code 1999, § 17.12.050; Ord. No. 96-347, § 1(11-3-5); Ord. No. 13-004, 4-8-2013)

A.

No junk, debris, weeds or untrimmed grass shall be allowed to accumulate on any parcel within a residential zone. The unenclosed storage of unlicensed or inoperable motor vehicles, parts, building materials, or other materials shall be prohibited except as specifically permitted herein.

B.

The noncommercial unenclosed storage of unlicensed or inoperable motor vehicles, parts, building materials, other materials necessary for the operation and maintenance of the household is permitted in single-family residential, agricultural residential and conventional and manufactured home zoning districts, under the following conditions:

1.

The total unenclosed storage area shall not exceed 200 square feet for up to one acre of lot area. Thereafter, an additional 100 square feet of unenclosed storage shall be allowed for each additional acre of lot area up to a maximum of 2,000 square feet.

2.

Unenclosed storage shall be confined to the rear one-half of the parcel, and shall not encroach into any required setback.

3.

A wall or opaque fence, between five and six feet in height may be required, at the discretion of the zoning administrator to screen the storage area and to minimize adverse visual impact to adjoining properties.

(Code 1999, § 17.12.055; Ord. No. 13-004, 4-8-2013)

Concessions, including, but not limited to, amusement devices, recreational buildings, and refreshment stands, shall be permitted in a public park or playground when approved by the council.

(Code 1999, § 17.12.070; Ord. No. 96-347, § 1(11-3-7); Ord. No. 13-004, 4-8-2013)

A.

No solid, sight-obscuring fence or freestanding wall higher than three feet above grade, and no metal, picket, chain link or similar open, non sight-obscuring fence higher than four feet above grade shall be constructed in any required front yard or side yard.

B.

Fences and freestanding walls constructed in a side yard may be constructed to a maximum height of six feet when located behind the forward most part of the main building. For properties zoned residential, fences and freestanding walls constructed in a side yard may be constructed to a maximum height of six feet up to the front yard setback line.

C.

For residential lots that exceed 100 feet in width, fences and freestanding walls may be constructed to a maximum height of six feet in the side yard and front yard provided that a clear view of 20 feet on either side of the driveway, and any adjoining driveway, is maintained based on the height and type of fence or freestanding wall requirements listed in subsection A of this section.

D.

No fence or freestanding wall shall be constructed higher than six feet along the rear property line.

E.

Fence or freestanding wall height shall be measured as the vertical distance between the finished grade at the base and the top edge of the fence or wall material. Where an elevation change exists between properties, the fence or wall height shall be measured on the side where the elevation is higher.

F.

Fences and freestanding walls are subject to review and approval by the planning and community development department. See also sections 17.12.100 and 17.76.020.

(Code 1999, § 17.12.090; Ord. No. 96-347, § 1(11-3-9); Ord. No. 13-004, 4-8-2013; Ord. No. O20-008, 9-28-2020)

In all zones which require a front yard, no obstruction which will obscure the view of automobile drivers shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points 35 feet from the intersection of the street property lines.

(Code 1999, § 17.12.100; Ord. No. 96-347, § 1(11-3-10); Ord. No. 13-004, 4-8-2013)

Surface water from roof tops shall not be allowed to drain onto adjacent lots.

(Code 1999, § 17.12.110; Ord. No. 96-347, § 1(11-3-11))

Wherever a front or side yard is required for a building, which had been designated by the city as a future street, the depth of such front or side yard shall be measured from the planned street lines.

(Code 1999, § 17.12.120; Ord. No. 96-347, § 1(11-3-12); Ord. No. 13-004, 4-8-2013)

Legal access to a residential lot or parcel may be established by one of three ways. Lot access requirements are as follows:

A.

Adequate frontage upon a public street. At least one side of each lot used as a dwelling site shall abut upon a public street which will provide access to the dwelling; or

B.

Adequate and recorded access to a public street by a private road, the location of which shall be approved through the large scale development or subdivision platting process and subject to the following:

1.

Said private road shall not be less than 30 feet in width and shall be paved to minimum city standards;

2.

Where access to a public road for three or more residences is to be provided by way of a private road, all standards and requirements for subdivisions as contained in this Code shall apply;

3.

All private roads, for so long as they shall remain private, shall be maintained to the foregoing standards, and in the event the city is required to perform any maintenance upon the same for the health and welfare of the people of the city, the said city may assess the cost thereof against the owners;

4.

In no event shall this subsection be construed to allow or permit any private roads to have guard or gate houses or stalls or other obstructions or impediments of any kind or nature whatsoever to free and unrestricted access and travel for emergency and other vehicles.

C.

A dwelling may be built on a lot which does not front upon a public street, as permitted by the zoning administrator, subject to the following:

1.

The entire front of the building can or will be able to be viewed from a public street;

2.

The building is or will be constructed at least 24 feet from the nearest building on the same or adjoining lot;

3.

The development will not cause undue concentration of population;

4.

It abuts on a permanent, unobstructed easement of access to the lot from a public street, a minimum width of 20 feet.

The decision of the zoning administrator may be appealed to the board of adjustment.

D.

Standards for access points, access to parking facilities and access across parking facilities are in chapter 17.80.

(Code 1999, § 17.12.130; Ord. No. 96-347, § 1(11-3-13); Ord. No. 13-004, 4-8-2013)

The setback from the street for any dwelling located between two existing dwellings in any residential zone may be the same as the average for said two existing dwellings, provided the existing dwellings are on the same side of the street, and are located within 150 feet of each other.

(Code 1999, § 17.12.140; Ord. No. 96-347, § 1(11-3-14))

Front yards and side yards of all dwellings which front on public streets must be landscaped except for the area which is devoted to driveways and off-street parking space. Nonresidential landscape requirements are found in section 17.76.030. Water efficiency standards for all landscaping are found in chapter 17.78.

(Code 1999, § 17.12.150; Ord. No. 96-347, § 1(11-3-15); Ord. No. 13-004, 4-8-2013; Ord. No. 16-001, 2-25-2016)

A.

The purpose of the landscaping requirements in this title shall be to enhance, conserve, and stabilize property values by encouraging pleasant and attractive surroundings and thus create the necessary atmosphere for the orderly development of a pleasant community. Landscaping also contributes to the relief of heat, noise and glare through the proper placement of green plants, trees, and desert landscaping.

B.

Required landscaping areas shall be maintained in a neat, clean, orderly and healthful condition. This includes proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of dead plants, and the regular watering of all plantings. All landscaped areas for new construction shall be provided with piped water lines terminating in an appropriate number of sprinklers or bibs to ensure a sufficient amount of water to sustain plants within the landscaped areas.

C.

Any use of property which, on the effective date of the ordinance codified in this title, is nonconforming only as to the regulations relating to landscaping, may be continued in the same manner as if the landscaping were conforming.

(Code 1999, § 17.12.160; Ord. No. 13-004, 4-8-2013; Ord. No. 16-001, 2-25-2016)

A.

The following regulations shall govern the operation and use of certain temporary, transitory or seasonal uses allowed by permit subject to approval by the zoning administrator:

1.

Application for a temporary use permit shall be made to the zoning administrator, and shall contain the following information:

a.

A legal description of the property to be used, rented, or leased for the temporary use, including all information necessary to accurately portray the property;

b.

A description of the proposed use. Include a description of any possible impacts on nearby property due to extraordinary noise, odors, lighting, etc.;

c.

Plan of development, drawn to scale, which shows all existing and proposed structures with setbacks from property lines and distance between structures. Show any proposed sanitary facilities, and parking spaces that are available to service the proposed use;

d.

Name and contact information of the applicant and property owner;

e.

Indicate the beginning and ending dates for the temporary use and the hours of operation; and

f.

The number, size and location of any proposed signs.

2.

The following temporary uses are permitted in any zone subject to approval by the zoning administrator and the following specific regulations and time limits, in addition to the regulations of any zone in which the use is located:

a.

Carnival or circus for a period not longer than 15 consecutive days;

b.

Christmas tree sales including the display and open-lot sales of Christmas trees for a period not longer than 45 days;

c.

Contractor's office and equipment sheds incidental to a construction project. The permit shall be valid for not more than one year and the temporary office and sheds shall be removed upon completion of the construction project;

d.

Real estate sales office. In any new subdivision or large-scale development which has been approved in accordance with city regulations. The permit for such office shall be valid for not more than one year but is renewable for up to three years by the zoning administrator. The office shall be removed upon substantial completion of the development as determined by the zoning administrator. A model home may be used as a temporary sales office;

e.

A recreational vehicle, temporarily occupied for a period not to exceed six months, by a watchman on a permitted construction site;

f.

Swap meet for a period of time not longer than 15 consecutive days in a commercial or industrial zone;

g.

Outdoor sales event for a period of time not longer than 15 consecutive days in a commercial or industrial zone.

h.

Mobile food vendor may not operate at a public transit facility or in a residentially zoned area.

i.

Farmers market for a period not longer than 15 consecutive days in a commercial or industrial zone.

B.

The decision of the zoning administrator may be appealed to the board of adjustment.

C.

The site of an approved temporary use shall be returned to the condition it was in, or better, prior to the operation of the temporary use as soon as possible following the conclusion of the temporary use.

(Code 1999, § 17.12.170; Ord. No. 96-347, § 1(11-3-17); Ord. No. 13-004, 4-8-2013; Ord. No. O21-012, 8-9-2021; Ord. No. O24-012, Exh. A, 1-13-2025)

A.

No mobile home built prior to June 15, 1976, shall be placed on any lot, space or parcel within the city unless it is a renovated mobile home that has been rehabilitated in accordance with the requirements of the state office of manufactured housing.

B.

No mobile home shall be placed on any lot or parcel within the city except in compliance with the following conditions:

1.

A renovated mobile home may be temporarily located on a lot on which a building is being constructed, for a period not to exceed one year, provided that a bond in the form of a cashier's check in the amount established by resolution is deposited with the city guaranteeing the removal of the mobile home from the lot at the end of one year.

2.

A renovated mobile home, when placed on a lot or space in an approved mobile park or subdivision.

3.

A renovated mobile home, when placed on a lot or parcel in the MHD zoning district.

C.

No recreational vehicle may be occupied as a permanent dwelling unit on any lot or parcel within the city, and no recreational vehicle may be occupied as temporary living quarters, except when placed on a designated space within an approved mobile home or travel trailer park or campground or as otherwise allowed by temporary use permit.

D.

Storage of motor homes, travel trailers, camping trailers, other trailers, boats or utility trailers may be permitted in any residential district provided that the owner of the motor home, travel trailer, camping trailer, other trailer, boat or utility trailer resides on the property on which it is stored and, provided that there shall be no residential use of the vehicle while it is on the property on which it is being stored. Such vehicles must be located behind the front line of the primary structure.

(Code 1999, § 17.12.180; Ord. No. 96-347, § 1(11-3-18); Ord. No. 00-002, § 1(part); Ord. No. 13-004, 4-8-2013)

A.

Conditional use permits shall be issued by the council setting forth all qualifying conditions, subject to the procedures for rezoning found in sections 17.20.040, 17.20.050, 17.20.060, and 17.20.070.

B.

A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the council may prescribe. Conditions may include, but shall not be limited to, drainage, buffers, fences/walls, landscaping, street dedications and improvements, location of site access, signs, hours of operation, a development schedule and such other conditions as the council may deem necessary to ensure the compatibility of the use with surrounding development and uses and to preserve public health, safety and welfare.

C.

Only those uses that are specifically described as requiring a conditional use permit may be approved by conditional use permit.

D.

Application.

1.

The applicant shall submit a conditional use permit application, with the appropriate fee, on a form provided for the purpose.

2.

Accompanying the application, the applicant shall provide a site plan setting forth the location of existing and proposed uses which shall also include the following:

a.

Name, address and contact information for the applicant, owner and individual who prepared the plan with the date that the plan was prepared.

b.

Scale of the drawing, both written and graphic, with a north arrow and legal description of the property.

c.

All property lines should be dimensioned. Existing and proposed buildings and structures, dimensioned with distances between buildings and distances to property lines shown.

d.

Fully dimensioned parking lot.

e.

Arrows indicating the direction of drainage.

f.

Information on proposed landscaping on the site plan, or on a separate plan. Information should include the name, location and size of all proposed plant materials and the proposed method of permanent irrigation.

g.

Existing and proposed adjacent street rights-of-way.

h.

Existing and proposed easements with dimensions.

i.

Existing and proposed fire hydrant locations.

j.

Locations of outdoor storage.

k.

Height, type and location of proposed walls and fencing.

l.

Location, size, and height of all proposed signage.

m.

Site summary table including gross and net acreage of site, number of parking spaces, required and proposed, and percent of lot coverage, allowed and proposed.

3.

Accompanying the application, the applicant shall provide a narrative report which shall include the following:

a.

A description of the proposed use and measures taken to minimize any negative impacts on surrounding property.

b.

A schedule for development, including phasing, if proposed.

c.

Hours of operation.

(Code 1999, § 17.12.205; Ord. No. 00-002, § 1(part); Ord. No. 13-004, 4-8-2013)

Uses of land which are not expressly permitted within a zone are expressly prohibited therein, except as may be permitted by action of the council upon recommendation of the commission pursuant to express authority given under the terms of this title. Where the zoning administrator determines a use to be similar to other uses permitted in the zone, such use shall thereafter be deemed to be permitted just as if it were listed therein on the effective date of the ordinance codified in this title. A decision of the zoning administrator may be appealed to the board of adjustment.

(Code 1999, § 17.12.210; Ord. No. 96-347, § 1(11-3-21); Ord. No. 13-004, 4-8-2013)

No use shall be operated in such a manner as to create a hazard to life or property; nor shall there be emitted into the atmosphere smoke, soot, dust, radiation, odor, noise, vibration, heat, glare, or toxic fumes to such an extent as to constitute a nuisance to the adjoining property owners; nor shall any hazardous waste or toxic chemical be discharged into the streets, sanitary sewers and storm drains of the city.

(Code 1999, § 17.12.215; Ord. No. 00-002, § 1(part))

A.

No permit shall be issued for the moving of any residential, commercial or industrial building, which has had prior use, from one site within the city to another site within the city or from a site outside of the city to a site within the city, without first filing an application with the zoning administrator.

B.

The following information shall be filed with the zoning administrator at the time the application is made:

1.

Location and address of the old and new site;

2.

Plot plan of the new location showing adjacent lots on all sides of the property;

3.

Plans and specifications for the proposed improvements at the new location, including plans for landscape treatment.

C.

The application shall then be submitted to the commission for recommendation and council for approval.

D.

Before the council approves an application for the moving of a building onto a lot within the city, it must find:

1.

That the building will have no appreciable detrimental effect on the living environment and property values in the area into which the structure is to be moved;

2.

That the building and the lot on which the building is to be located will conform to the requirements of this title and building code;

3.

That all required dedications and improvements for streets and other facilities shall be provided in conformity with city standards.

E.

The building and grounds shall be brought up to the standards required of new buildings before being occupied.

F.

Before a permit to move a building may be granted, the applicant shall post a bond or other assurance, as determined by the zoning administrator, to cover costs of bringing the buildings and grounds up to standard. In the event of failure to comply with conditions required by the zoning administrator, the council may declare the bond or other assurance forfeited and use the proceeds therefrom in performing the work.

G.

The bond shall also cover the costs involved in cleaning up the vacated site and restoring it to a safe and sightly condition.

(Code 1999, § 17.12.220; Ord. No. 96-347, § 1(11-3-22); Ord. No. 13-004, 4-8-2013)

The following regulations are established to increase safety and lessen congestion in the public streets, to provide adequately for parking needs associated with the development of land and increased automobile usage, to set standards for off-street parking according to the amount of traffic generated by each use, and to reduce on-street storage of vehicles.

A.

Parking for single-family dwellings (including townhomes). For all single-family dwellings and townhomes hereafter erected, or for any building converted to such use or occupancy, there shall be provided two parking spaces.

B.

Parking for multiple dwellings (including condominiums).

1.

For multiple dwelling units, three parking spaces shall be provided for each two dwelling units containing two bedrooms or less, and two parking spaces shall be provided for each apartment unit containing three or more bedrooms.

2.

For multiple dwellings where the dwelling unit consists of one room in addition to a bathroom and a kitchen (efficiency), one space shall be provided for each such unit plus one space for every four such units.

3.

As a means of encouraging the occupants of multiple dwellings to use the required off-street parking space in preference to on-street space, entrances to buildings containing multiple dwellings shall be provided in locations that are as direct and convenient to the required off-street parking spaces as they are to the fronting streets.

4.

For duplex units hereafter erected, or for any building converted to such use or occupancy, two parking spaces shall be provided for each dwelling.

C.

Parking for places of public assembly. For every building or part hereafter erected, or for any building converted to such uses of occupancy to be used principally as a place of public assembly, or for any addition thereto, there shall be provided parking space as follows:

1.

Churches: one parking space for every five persons for which seating is provided in the main auditorium, exclusive of the seating capacity of Sunday school and other special rooms;

2.

Theaters, auditoriums, arenas, indoor and outdoor stadiums: one parking space for every five persons for which seating is provided;

3.

Bowling alleys, funeral homes, private clubs, fraternal organization, and similar uses: one parking space for each 200 square feet of floor area, or fraction thereof, in the building.

D.

Hotels and motels. Hotels and motels shall have one parking space per room or suite, plus one parking space for each employee at work on the premises during daylight hours.

E.

Hospitals, rest homes, nursing homes, and convents. For all hospitals and institutions of religious or charitable nature, rest homes, nursing homes, and convents hereafter erected, or for any building converted to such use or occupancy, there shall be provided one parking space for every five beds in the building, and one parking space for each staff physician, and one parking space for every two employees.

F.

Parking for schools and other similar institutions. For all schools and other similar education institutions hereafter erected, or for any building connected to such use or occupancy, there shall be provided one parking space for every two employees including administrators, teachers, and building maintenance personnel, and one parking space for every ten high school, college, or university students.

G.

Parking for travel trailer, mobile home, or manufactured home parks. For all such parks, there shall be provided one parking space for each mobile home space, manufactured home space or travel trailer space in such park plus one parking space for each 400 square feet of floor area in a recreation hall or clubhouse.

H.

Office buildings. For all office buildings hereafter erected, or for any building converted to such use or occupancy, there shall be provided one parking space for each 250 square feet of floor area, or fraction thereof, in the ground level floor of the building, and one parking space for each 300 square feet of floor area, or fraction thereof, in other than the ground level floor of the building.

I.

Bars, dance halls, night clubs. For all bars, dance halls, and night clubs hereafter erected, or for any building converted to such occupancy, there shall be provided one parking space for each 50 square feet of floor area (exclusive of nonpublic areas).

J.

Restaurants. There shall be one parking space provided for each 75 square feet of floor area for restaurants, or fraction thereof, exclusive of that area designed for kitchens, rest rooms, storage, service or for other nonpublic purposes.

K.

Other commercial buildings. For all other commercial buildings hereafter erected, or for any building converted to such use, there shall be provided one parking space for each 200 square feet of floor area, or fraction thereof, in the ground level floor of the building, and one parking space for each 250 square feet of floor area, or fraction thereof, in other than the ground level floor of the building.

L.

Wholesale, manufacturing and industrial buildings. For all wholesale, manufacturing and industrial buildings hereafter erected, or for any building converted to such use or occupancy, there shall be provided one parking space for each three employees.

M.

Gymnasiums, health clubs and health studios. For all gymnasiums, health clubs and health studios hereafter erected, or for any building converted to such use or occupancy, there shall be provided one parking space for each 400 square feet of floor area plus one parking space for every two employees.

N.

Bed and breakfast. For all bed and breakfast establishments hereafter erected, or for any building converted to such use or occupancy, there shall be provided one parking space for each guest room plus two spaces for the permanent residents.

O.

Outdoor retail use. For outdoor retail uses and retail showrooms, there shall be provided one parking space for each 500 square feet of open sales and display area plus one space for each employee.

P.

Parking for uses not listed. Minimum parking requirements for a use not listed in this section shall be determined by the zoning administrator with appeal to the board of adjustment.

Q.

Persons with physical disabilities parking. All parking areas which contain over five required spaces, but less than 20 parking spaces, shall be provided with one parking space for persons with physical disabilities. Parking areas with more than 20 spaces shall be provided with two parking spaces for persons with physical disabilities plus one additional space for every 50 standard parking spaces. In accordance with city policy, American Disability Standards relating to dimensions and locations shall also apply.

R.

Location of required parking spaces. The required parking spaces shall be located as follows:

1.

On the same lot as the use they are intended to serve; or

2.

Within 400 feet of the premises they are intended to serve, if approved by the council upon recommendation by the commission.

S.

Collection action relative to parking. This chapter shall not be construed to prevent the joint use of parking spaces for two or more buildings or uses if the total of such spaces when used together is not less than the sum of spaces required for the various individual buildings or uses computed separately.

T.

Off-street parking. Each off-street parking space shall consist of a rectangular area not less than nine feet wide by 18 feet long. Parking lot design dimensions shall be as follows:

U.

Off-street parking with more than five spaces. Each off-street parking area with more than five parking spaces shall provide an area or areas of landscaping equal to ten square feet for each parking space. Such landscaping shall be provided along the periphery of the parking area and in the interior of the parking area in the form of islands, which shall be a minimum width of five feet. Parking area landscaping shall include at least one minimum 15-gallon tree for each ten parking spaces. In addition, one minimum 15-gallon tree shall be provided in the interior portions of the parking area for each 5,000 square feet of parking area in compliance with chapter 17.78.

V.

Paving. Each off-street parking area shall be paved with a minimum of two inches of asphaltic concrete paving over a four inch aggregate base or equivalent as approved by the city engineer.

W.

Curbs. Curbs shall be installed at a minimum of five feet from walls, fences, buildings or other structures. This requirement excludes driveways that are not a part of the maneuvering area for parking. A curb shall be installed a minimum of three feet from the edge of driveways that are parallel to block walls or fences.

X.

Access. Access to the first parking space in a parking area shall be a minimum of ten feet from front and street side property lines.

(Code 1999, § 17.12.230; Ord. No. 96-347, § 1(11-3-23); Ord. No. 13-004, 4-8-2013; Ord. No. 16-001, 2-25-2016)

A.

The purpose of this section is to implement Arizona Revised Statutes, title 36, ch. 28.1 (A.R.S. § 36-2801 et seq.), entitled "Arizona Medical Marijuana Act" and chapter 28.2 (A.R.S. § 36-2850 et seq.), entitled "Responsible Adult-Use of Marijuana."

B.

The minimum requirements of this section shall apply to medical marijuana dispensary, medical marijuana dispensary offsite cultivation location, or marijuana establishment uses located in allowable zoning districts.

C.

In addition to any other application requirements, an applicant for any medical marijuana dispensary, medical marijuana dispensary offsite cultivation, or marijuana establishment 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 medical marijuana dispensary, a medical marijuana dispensary offsite cultivation location, or a marijuana establishment as applicable.

2.

The legal name of the medical marijuana dispensary, medical marijuana dispensary offsite cultivation location, or marijuana establishment.

3.

If the application is for a medical marijuana dispensary off-site cultivation location, the name and location of the medical marijuana dispensary with which it is associated.

4.

A floor plan showing the location, dimensions and type of security measures demonstrating that the medical marijuana dispensary, medical marijuana dispensary off-site cultivation location, or marijuana establishment will be secured, enclosed, and locked as required by law.

5.

A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary, medical marijuana dispensary off-site cultivation, or marijuana establishment location to the property boundary of the parcel containing any existing uses listed in subsection H of this section. If any of the uses are located within 50 feet of the minimum separation, the drawing, showing actual surveyed separations, shall be prepared by a registered land surveyor.

D.

A medical marijuana dispensary or marijuana establishment shall have operating hours not earlier than 9:00 a.m. and not later than 9:00 p.m.

E.

No products or materials, other than marijuana related goods or products, shall be sold or produced on site.

F.

A designated caregiver, as defined in A.R.S. § 36-2801(5), shall not grow or cultivate marijuana within 25 miles of a medical marijuana dispensary.

G.

A medical marijuana dispensary, medical marijuana dispensary offsite cultivation location, or marijuana establishment shall:

1.

Be located in an enclosed permanent building and may not be located in a trailer, cargo container or motor vehicle.

2.

Not have a drive-through service.

3.

Not emit dust, fumes, vapors or odors into the environment.

4.

Not provide off-site delivery of marijuana goods or products.

5.

Prohibit consumption of marijuana in the premises.

6.

Not have outdoor seating areas.

7.

Display a current city business license applicable to medical marijuana uses.

H.

A medical marijuana dispensary, medical marijuana dispensary offsite cultivation location, or marijuana establishment shall meet the following minimum separations, measured in a straight line from the boundary of the parcel containing the medical marijuana dispensary, medical marijuana dispensary off-site cultivation location, or marijuana establishment to the property boundary of the parcel containing any uses listed below:

1.

Two hundred fifty feet from any residentially zoned property.

2.

Two hundred fifty feet from any other medical marijuana dispensary or medical marijuana dispensary offsite cultivation location.

3.

One thousand feet from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility.

4.

Five hundred feet from a public, private, parochial, charter, dramatic, dancing, music, learning center, or other similar school or educational facility that caters to children.

5.

Two hundred fifty feet from a childcare center.

6.

Two hundred fifty feet from a public library or public park.

7.

Two hundred fifty feet from a church.

8.

Two hundred fifty feet from a facility devoted to family recreation or entertainment.

I.

A medical marijuana dispensary offsite cultivation location not associated with a medical marijuana dispensary is prohibited, and only one medical marijuana dispensary off-site cultivation location shall be permitted for the single medical marijuana dispensary with which it is associated.

J.

To the fullest extent allowable by law, marijuana possession, consumption, processing, manufacturing, transportation, and cultivation is permitted at an individual's primary residence for personal use in a residential zoning district in the city and is subject to the following conditions and limitations:

1.

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;

2.

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 individual's primary residence;

3.

Except as provided by A.R.S. § 36-2801 et seq. and this chapter, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within the city limits;

4.

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;

5.

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

6.

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;

7.

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; and

8.

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.

K.

Adult-use off-site cultivation of marijuana, adult-use processing of marijuana, adult-use manufacturing of marijuana products, and marijuana testing facilities are prohibited.

L.

No person is allow to smoke marijuana in a public place or open space. The term "public place" is defined in the Smoke Free Arizona Act in A.R.S. § 36-601.01. Open space includes a public park, public sidewalk, public walkway or public pedestrian thoroughfare.

M.

All signage is subject to the requirements found in chapter 17.82. To ensure public safety, signs, drawings or cartoons in or on windows are prohibited.

N.

Enforcement; penalties.

1.

Permits for a medical marijuana dispensary, marijuana establishment or medical marijuana dispensary offsite cultivation location may be revoked by the city for violation of any provision of this chapter, for any violation of the requirements of the permit, or if the department of health services or its successor agency revokes the license. If a permit is revoked, the permittee shall have the right to appeal the decision to the board of adjustment pursuant to chapter 17.88.

2.

Violations of this chapter are in addition to any other violation enumerated within the city ordinances or this Code and in no way limits the penalties, actions or abatement procedures which may be taken by the city for any violation of this chapter, which is also a violation of any ordinance or code provision of the city or federal or state law. Conviction and punishment of judgment and civil sanction against any person under this chapter 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 chapter shall be civil code offences which may be adjudicated and enforced by the city pursuant to section 1.12.010.

(Code 1999, § 17.12.240; Ord. No. 11-002, § 1, 2-28-2011; Ord. No. 13-004, 4-8-2013; Ord. No. O21-006, § 2, 2-22-2021; Res. No. R21-002, exh. A, 2-22-2021)

A.

The purpose of this section is to establish the criteria, process, rules and standards for the use of metal storage container boxes.

B.

Metal storage containers are defined as prefabricated, portable metal containers used for storage of personal property.

C.

Metal storage containers as a permanent use in the A-R, R-2, R1-6, R1-10, C-MH and MHD zones.

1.

Up to 320 square feet of metal storage containers may be established with an approved building permit subject to the following standards:

a.

There shall be no signage on the metal storage container.

b.

The only utilities permitted shall be communications and electricity for lights and outlets, i.e., there shall be no plumbing or mechanical. The addition of electricity requires an electric permit.

c.

All containers shall be painted and maintained an earth tone color consistent with the surrounding terrain prior to placement.

d.

Metal storage containers are required to be located in the rear yard only and meet all development standards of the zoning district in which they are located including setbacks, building separation and structure height.

e.

Use of the unit is for the storage of personal effects owned by the property owner or tenant. There shall be no commercial use of the unit, for example rental of the unit to people not residing on the property.

f.

The unit shall not be used for residential use or for the keeping of animals.

g.

Nothing shall be stored on top of the unit.

h.

Metal storage units shall not be stacked, one on top of the other.

2.

Any deviations from these standards may be approved through the approval of a variance by the board of adjustment.

D.

Metal storage containers as a permanent use in the C-1, C-2, C-3, I-1, and I-2 zones.

1.

Metal storage containers may be established with an approved building permit subject to the following standards:

a.

There shall be no signage on the metal storage containers.

b.

Electric and communications utility may be permitted as part of the building permit.

c.

All containers shall be painted and maintained an earth tone color.

d.

Metal storage containers are required to meet all development standards of the zoning district in which they are located including setbacks.

e.

Metal storage containers shall be screened from public view with landscaping or an opaque wall or fence.

2.

Any deviations from these standards may be approved through the approval of a variance by the board of adjustment.

E.

Metal storage containers as a temporary use during construction in the A-R, R-2, R1-6, R1-10, C-MH and MHD zones.

1.

Upon the issuance of a building permit, up to two 160 square foot metal storage containers may be established with approval of a temporary use permit. A temporary use permit is required prior to the storage containers being located on site and may be issued for up to 18 months at a time. Temporary use permits may be renewed so long as building permit remains in active status.

2.

For non-permit projects (emergency situations related to fire or flood, or remodels), up to two 160 square foot metal storage containers may be established with a temporary use permit for up to nine months. Emergency related projects are subject to a no-fee permit. Temporary use permits for emergency situations may be renewed for an additional nine-month period.

3.

Metal storage containers shall be located at least ten feet from the front and street side property lines and shall meet side and rear setback requirements for the zoning district in which they are located. Exceptions may be granted by the zoning administrator.

4.

There shall be no utilities installed within the metal storage container.

5.

Any deviations from these standards may be approved through the approval of a variance by the board of adjustment.

F.

Metal storage containers as a temporary use during construction in the C-1, C-2, C-3, I-1, and I-2 zones.

1.

Upon the issuance of a building permit metal storage containers may be established with a temporary use permit. A temporary use permit is required prior to the storage container being located on site and may be issued for up to 18 months at a time. Temporary use permits may be renewed so long as building permit remains in active status.

2.

For non-permit projects, metal storage containers may be established with a temporary use permit for up to six months.

3.

Metal storage containers are required to meet all development standards of the zoning district in which they are located including setbacks, building separation and structure height.

4.

There shall be no utilities installed within the metal storage container.

5.

Any deviations from these standards may be approved through the approval of a variance by the board of adjustment.

(Code 1999, § 17.12.250; Ord. No. 13-004, 4-8-2013; Ord. No. O25-005, Exh. A, 5-12-2025)

A.

Purpose. The purpose of this section is to establish general guidelines for the location of wireless communications towers and antennas in the city. The goals of this section are to:

1.

Encourage the location of towers in nonresidential areas;

2.

Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

3.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflage techniques;

4.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; and

5.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

In furtherance of these goals, the city shall give due consideration to the general plan, the zoning ordinance and existing land uses in approving sites for the location of towers and antennas.

B.

Applicability. All new towers and antennas shall be subject to these regulations except for the following:

1.

Amateur radio station operators or receive-only antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under the maximum building height of the zoning district in which such structure is located and which is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only operations.

2.

Pre-existing towers or antennas. Legally established pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this ordinance, other than the requirements of subsections C.6 and C.7 of this section.

3.

AM array. For purposes of implementing subsection B of this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

4.

Satellite earth stations. Satellite earth stations are regulated in section 17.12.030D and are not further regulated by this section.

C.

General requirements.

1.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

2.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

3.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the department an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. Each applicant shall also provide a one year build-out plan for all other wireless communications facilities within the city. The director may share such information with other applicants applying for conditional use permits under this chapter or with other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, that the director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

4.

Aesthetics. Towers and antennas shall meet the following requirements:

a.

Towers shall, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

b.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials; colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

5.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

6.

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

7.

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the electronic industries association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

8.

Measurement. For purposes of measurement, tower setbacks shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

9.

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.

10.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the director.

11.

Signs and flags. No signs or flags shall be allowed on an antenna or tower.

12.

Co-location and multiple antenna/tower plans. The city encourages tower and antenna users to submit a single application for approval of multiple towers and/or antenna sites and to submit applications, which utilize co-location with an existing wireless telecommunications provider. Applications for approval of multiple sites or for co-location with an existing provider shall be given priority in the review process.

13.

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and no more than eight feet in height, shall be constructed of a block or masonry, and shall be equipped with an appropriate anti-climbing device; provided, however, that the council may waive such requirements, as it deems appropriate.

14.

Landscaping. The following requirements shall govern the landscaping surrounding towers; provided, however, that the council may waive such requirements if the goals of this chapter would be better served thereby:

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

b.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

c.

Existing mature plant growth and natural landforms on the site shall be preserved to the maximum extent possible.

D.

Permitted uses. The uses listed in this section are deemed to be permitted uses and shall not require a conditional use permit.

1.

Antennas or towers located on property owned, leased, or otherwise controlled by the city, provided a license or lease authorizing such antenna or tower has been approved by the city. No such license or lease shall be issued for a tower located within 300 feet of any residentially zoned property until a public hearing has been held at a regular or special council meeting.

2.

Alternative tower structures when such structures and their accompanying equipment are appropriately blended into the surrounding terrain, are within the height limitations of the underlying zoning district and are not nearer than 300 feet to residentially zoned and platted property.

E.

Conditional use permits.

1.

Generally. The following provisions shall govern the issuance of conditional use permits to towers and antennas by the council:

a.

If the tower or antenna is not a permitted use, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

b.

Applications for conditional use permits under this section shall be subject to the procedures and requirements of section 17.12.205.

c.

In granting a conditional use permit, the council may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

d.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a state-licensed professional engineer.

e.

A conditional use permit issued under this section shall be conditioned upon verification by the city staff that such tower structure is structurally sound.

2.

Towers. In addition to the information required for conditional use permits pursuant to section 17.12.205, applicants for a conditional use permit for a tower shall submit the following information:

a.

A site plan, as required in section 17.12.205, plus zoning, general plan classification of the site and all adjacent properties, adjacent roadways, proposed means of access, elevation drawings of the proposed tower and any other structures, and other information deemed by the director to be necessary to assess compliance with this section.

b.

The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.

c.

The separation distance from other towers described in the inventory of existing sites submitted pursuant to section 17.12.260C.3 shall be shown on the site plan or map. The applicant shall also identify the type of construction of the existing tower and the owner/operator of the existing tower, if known.

d.

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

e.

A description of compliance with the requirements of this section and all applicable federal, state and local laws.

f.

A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

g.

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

3.

Factors considered in granting conditional use permits for towers. The council shall consider the following factors in determining whether to issue a conditional use permit, although the council may waive or reduce the burden on the applicant of one or more of these criteria if the council concludes that the goals of this chapter are better served thereby:

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residentially zoned district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress; and

h.

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures.

4.

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's a proposed antenna. An applicant shall submit information to the department related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted shall demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna.

F.

Setback requirements. The following setback requirements shall apply to all towers; provided, however, that the council may reduce the standard setback requirements if the goals of this chapter would be better served thereby:

1.

Towers must be set back a distance equal to at least 100 percent of the height of the tower from any lot line.

2.

Accessory buildings must satisfy the minimum zoning district setback requirements.

G.

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 90 days shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 day period shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower for the prescribed period.

H.

Nonconforming uses.

1.

Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this section.

2.

Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding other provisions of this chapter, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a conditional use permit and without having to meet the separation requirements specified herein. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval; provided, however, that any destroyed lattice or guyed tower shall be replaced with a monopole structure only. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 90 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.

(Code 1999, § 17.12.260; Ord. No. 13-004, 4-8-2013)