This district is intended to provide for general commercial uses. Land use is composed chiefly of retail service businesses, together with accessory uses. The property development standards are designed to encourage orderly and compatible development in existing and future commercial areas within the town.

(Ord. 2007-004 § 1 (part))

A.

Retail sales of apparel and accessories, shows, dry goods, foods, drugs, flowers and plants, garden supplies, hardware, gifts and novelties, pet and hobby supplies, art and art supplies, jewelry, liquor, tobacco, newspapers and magazines, music and records, household supplies, stationary, books, paint, wallpaper and glass, sporting goods, toys, variety store goods, appliances, auto parts and supplies, furniture, office supplies, leather and leather products, carpet, antiques, fabrics, photo supplies and similar convenience goods.

B.

Repair services such as, but no more objectionable or intensive in character than watches, jewelry, shoes, locksmith, minor household appliances.

C.

Personal services such as barbers, beauty shops, health clubs, laundries and cleaners.

D.

Establishments serving food or beverages inside a building such as restaurants, cafes, coffee shops, bars, taverns, cocktail lounges. All outdoor sales and consumption of food and all drive-in facilities shall require a conditional use permit.

E.

Light manufacturing incidental to a permitted use is permitted, provided all such manufacturing activities as well as related storage shall be conducted within a completely enclosed building unless specifically allowed otherwise in this title. All such manufacturing activities shall be free from noise, odor or visible emissions when measured at the property lines.

F.

Second-hand stores, pawnshops and used furniture stores.

G.

Banks, stock brokerage firms, savings and loans associations, loan companies and credit unions.

H.

Governmental services, public utility offices and exchanges, excluding storage or repair services, provided all antennas which extend above the building height shall be by conditional use permit.

I.

Offices related to any of the following occupations: executive, administrative, professional, accounting, banking, writing, clerical, stenographic, graphic art, real estate, lawyer, architect and engineer.

J.

Medical and dental offices and clinics.

K.

Establishments primarily supplemental in character to other permitted principal uses, such as pharmacy; apothecary shop; sales of corrective garments, prosthetic devices and optical goods; medical and dental laboratories.

L.

Business and trade schools, dancing, art and music schools.

M.

Gasoline service stations.

N.

Indoor and outdoor sales of nursery stock.

O.

Hotels and motels.

P.

Hospitals and clinics.

Q.

Churches, including offices, sanctuaries and Sunday schools. Other uses shall be subject to the zoning for the use (i.e., a clinic would be subject to the zoning regulations for a clinic).

R.

Customary accessory buildings, structures, and uses provided they are incidental to a permitted use.

S.

Any such other uses which are determined by minute order of the planning and zoning commission to be similar to those uses listed above and not detrimental to the public health, safety and general welfare.

T.

Temporary buildings or uses incidental to construction work, which buildings shall be removed upon completion or abandonment of construction work.

(Ord. 2007-004 § 1 (part))

A.

Establishments serving food or beverages outside of a closed building and drive-in facilities.

B.

Mortuaries.

C.

Radio and TV studios.

D.

All commercial broadcasting and receiving antennas.

E.

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

F.

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

G.

Indoor commercial recreation establishments such as bowling alleys, billiard parlors and skating rinks.

H.

Indoor theaters, assembly halls, ballrooms and lodges.

I.

Taxi stand, bus stop, public parking lots and garages.

J.

New and used automobile, truck, mobile/manufactured home and agricultural equipment sales.

K.

Wholesale establishments.

L.

Lumber yards and building supplies.

M.

Automobile repair garages.

N.

Pet shops.

O.

Veterinary clinics and kennels.

P.

Residences and uses as allowed in the MF-7 zone, subject to the property development standards of the MF-7 zone.

Q.

Mobile/manufactured home parks, subject to the property development standards of the MHP zone.

R.

Outdoor commercial recreation establishments.

S.

Drive-in theaters.

T.

Construction yard and equipment yard.

U.

Public utility buildings, structures or appurtenances thereto for public service use. Extension of public service lines in public or private right-of-way is exempt from this requirement.

V.

Marijuana Dispensary (no cultivation), subject to the following conditions and limitations:

(1)

Applicant shall provide:

a.

The name(s) and location(s) of the offsite marijuana cultivation operation associated with the dispensary.

b.

A copy of the operating procedures adopted in compliance with this Title and applicable state law, including proof or documentation of compliance with applicable department rules.

c.

A site plan, floor plan, building permits for occupancy change, and a security plan.

(2)

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

(3)

Shall not be larger than a maximum of one thousand (1,000) gross square feet.

(4)

Shall be limited to one marijuana dispensary within the jurisdictional boundaries of the town.

(5)

Shall not be located within two hundred (200) feet of a residentially zoned property. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the property line of the residentially zoned property.

(6)

Shall not be located within five hundred (500) feet of a preschool, kindergarten, elementary, secondary or high school; or two hundred (200) feet of a place of worship, public-park or community center. This distance shall be measured from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the property line of the protected use.

(7)

Shall have operating hours not earlier than 10 a.m. and not later than 7 p.m.

(8)

Drive-through services are prohibited.

(9)

Cultivation of marijuana is prohibited.

(10)

Shall provide for proper disposal of marijuana remnants or by-products, and not to be placed within the facility's exterior refuse containers, town trash can(s), bin(s), or other town facility, or in any park refuse container.

(11)

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

(12)

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

(13)

Shall comply with applicable health regulations for food preparation and handling.

W.

Mini-storage complexes.

X.

Any such other uses which are determined by minute order of the planning and zoning commission to be similar to those listed in this section and not detrimental to the public health, safety and general welfare.

(Ord. 2007-004 § 1 (part); Ord. No. 2011-002, 4-6-11)

(Ord. No. 2022-003, § II, 6-15-2022; Ord. No. 2022-006, § 1, 2-15-2023)

A.

Minimum lot area: seven thousand five hundred (7,500) square feet.

B.

Minimum average lot width: seventy (70) feet.

C.

Minimum lot frontage: thirty (30) feet.

D.

Minimum front yard: ten feet.

E.

Minimum side yard: five feet, except on corner lots, the street side yard shall equal the front yard. Yards of less than five feet may be allowed by a conditional use permit.

F.

Minimum rear yard: five feet, except that yards of less than five feet may be allowed by a conditional use permit.

G.

Minimum dwelling/building size: none.

H.

Maximum building height: twenty-five (25) feet, except that heights over twenty-five (25) feet may be allowed by conditional use permit.

I.

Maximum lot coverage: none.

J.

Screening: all commercial uses shall be screened from any adjacent noncommercial or nonindustrial zone by a solid masonry or solid wood fence six feet in height, or of a height or material as allowed or required by the planning and zoning commission, subject also to the fence height regulations established in Chapter 17.28 of this title.

(Ord. 2007-004 § 1 (part))

The provisions of Chapter 17.28 shall apply.

(Ord. 2007-004 § 1 (part))

The provisions of Chapter 17.100 shall apply.

(Ord. 2007-004 § 1 (part))

The provisions of Chapter 17.104 shall apply.

(Ord. 2007-004 § 1 (part))

The provisions of Chapter 17.88 shall apply.

(Ord. 2007-004 § 1 (part))

(a)

Marijuana Prohibited on Public Property. The use, sale, cultivation, manufacture, production or distribution of medical or adult use marijuana or medical or adult use marijuana products is prohibited on property that is occupied, owned, controlled, or operated by the town, unless an exception is approved by the town council.

(b)

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

(c)

Fees. The fees for the permits shall be established by resolution and included in the town fee schedule.

(d)

Violations. It is unlawful for a person to sell, cultivate, process, manufacture or transport marijuana or marijuana products if the person fails to meet all the requirements in this article or state law, including the department's rules. The cultivation, dispensary, infusion, manufacturing, or testing permit may be revoked by the town for violation of any provision of this section, for any violation of the requirements of the permit, or if the department revokes the applicable license.

(Ord. No. 2022-003, §§ IV—VII, 6-15-2022)

Editor's note— Ord. No. 2022-003, §§ IV—VII, adopted June 15, 2022, set out provisions but did not specify manner of inclusion. At the direction of the city, these provisions have been included as § 17.68.090.