The provisions of this section shall apply to the uses and conditions hereinafter enumerated. Where this section prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this section shall apply.

(Ord. 2012-04, passed 12-5-2012)

   (A)   All time requirements are consecutive days per calendar year unless specifically stated otherwise. Only one temporary use permit is to be issued for a parcel at any one time. Permits shall not have overlapping time frames;

   (B)   (1)   Special events shall include such outdoor activities as:

         (a)   Transient amusement activities (carnivals, circuses);

         (b)   Tent revivals, seasonal festivals;

         (c)   Outdoor sales events (sidewalk, parking lot sales); and

         (d)   Outdoor art and craft shows, exhibits (art, craft, RV, boat).

      (2)   Events shall be limited to a maximum of five times per calendar year not to exceed a maximum duration of five days per event.

   (C)   Christmas tree sales lots, subject to not more than 40 days of site occupation and operation per year;

   (D)   Campaign offices, subject to not more than 70 continuous days of site occupation and operation;

   (E)   Religious, patriotic, historic or similar displays or exhibits within yards, parking areas or landscaped areas, subject to not more than 30 days of display in any one year period for each exhibit;

   (F)   Contractor’s office and storage yards on the site of an active construction project;

   (G)   Manufactured home residences or trailers for security purposes on the site of an active construction site of major development projects, but for not more than a total of 12 months;

   (H)   Stands for the sale of jewelry, furs, rugs and similar home-type products, subject to not more than 30 days per year;

   (I)   Stands for the sale of produce, subject to not more than 30 days per year. The provisions of this division (I) do not apply to the sale of produce raised on the premises;

   (J)   Temporary retail food sales, subject to not more than 30 days per year. This shall include stands for sales at one-day special events;

   (K)   Establishment of batch plants in conjunction with road construction projects, subject to Planning and Zoning Commission approval;

   (L)   Temporary occupancy of a recreational vehicle or a travel trailer in the G, AR, RR or MHP Zone for a period not to exceed 100 consecutive days per calendar year; provided that, the lot or parcel is not already occupied by a dwelling or other residential structure;

   (M)   Upon the issuance of a building permit, temporary occupancy of a recreational vehicle or a travel trailer in the G, AR or RR Zone for a period not to exceed six months; provided that, the lot or parcel is not already occupied by a dwelling or other residential structure. The temporary use permit may be renewed only if the building permit is issued for a dwelling, and if the building permit remains active;

   (N)   Metal storage containers, refer to § 14.7;

   (O)   Temporary banner signs and community banner signs not permitted elsewhere in this code, subject to Planning and Zoning Commission approval. The maximum length of time for any such sign shall be 60 days. For guidance in the determination of size, number of signs, height, location and other criteria, the Commission shall refer to those parts of § 16 of this code that deal with banner signs; and

   (P)   Additional uses determined to be similar to the foregoing in the manner prescribed in § 20.1, Determination as to Uses Not Listed, may be granted permits by either the Town Manager or Planning and Zoning Commission.

(Ord. 2012-04, passed 12-5-2012)

   (A)   All temporary uses shall be subject to the issuance of a temporary use permit. Issuance may be through the action of the Town Manager or the Planning and Zoning Commission. Upon application for a temporary use permit, written authorization of the property owner for the property on which the temporary use is proposed shall be provided. Said authorization shall include reference to the requested use and acknowledgment of proposed time frame for operation of said use.

   (B)   Prior to the issuance of a temporary use permit a cash bond shall be deposited with the town. This deposit shall be used to defray the costs of cleanup of the property by the town in the event the permittee fails to do same.

(Ord. 2012-04, passed 12-5-2012)

   (A)   General. Approval of a temporary use permit application shall require compliance with the following performance standards and any further conditions deemed necessary by the Town Manager, his or her designee or Planning and Zoning Commission in order to reduce possible detrimental effects to surrounding developments and to protect the public health, safety and welfare.

   (B)   Noise. Noise shall not be generated by any use to the point of disturbing the peace, quiet and comfort of neighboring residences or businesses. The permit application shall clearly identify all of the potential sources of excessive noise and the measures proposed by the applicant to control excessive noise. The town may require additional measures to control excessive noise including a curfew.

   (C)   Parking. Adequate parking shall be provided. All parking shall be located on the sameproperty as the temporary use; public rights-of-way shall not be used for parking.

   (D)   Location. No permit shall be issued for a use the location of which is deemed to be potentially hazardous to the public. This includes, but is not limited to, heavily congested and/or trafficked areas where the use may impede or inconvenience the public. No use shall be permitted in a public right-of-way.

   (E)   Sanitation. All requirements of the County Health Department and/or other regulatory health authorities shall be met. Provisions for disposal of solid waste shall be required for all uses.

   (F)   Signs. One freestanding or wall mounted sign not exceeding six square feet in area and six feet in height is permitted. A diagram of the sign indicating size, text, location on site is required. Color and materials shall be reviewed by town staff. No off- site sign is permitted. Additional signing may be permitted at the discretion of the Planning and Zoning Commission.

   (G)   Lighting. All lighting sources shall be aimed or shielded so that the direct illumination shall be confined to the property boundaries of the light source. The operation of searchlights or similar lighting sources is prohibited.

   (H)   Other permits. Any required Health Department and Sheriff’s office permits or licenses shall be obtained.

(Ord. 2012-04, passed 12-5-2012)

   If a permit is denied by the Town Manager, the applicant may appeal his or her decision within 30 days to the Planning and Zoning Commission. The decision of the Commission shall be final 15 days from the date of the decision unless an appeal is filed. The Commission’s decision may be appealed within 15 calendar days to the Town Council by the applicant or any other person as prescribed in § 20.6, Appeals: Town Council Review.

(Ord. 2012-04, passed 12-5-2012)

   Upon written application, the Town Manager may extend the time within which temporary uses may be operated (up to a period of 90 days), or may modify the limitations under which such uses may be conducted if the Town Manager determines that such extension or modification is in accord with the purposes of the zoning regulations.

(Ord. 2012-04, passed 12-5-2012)

   Each site occupied by a temporary use shall be left free of debris, litter or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used only in accord with the provisions of the zoning regulations.

(Ord. 2012-04, passed 12-5-2012)

   Home occupations, where permitted by the provisions of this code, shall be subject to the approval of the Town Manager and shall comply with the following regulations.

   (A)   (1)   A home occupation shall be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling.

      (2)   In no way shall the appearance of the structure or the premises be so altered or the conduct of the occupation within the structure be such that the structure or premises may be reasonably recognized as serving a non-residential use (either by color, materials or construction, lighting, signs, sounds or noises, vibrations, display of equipment and the like).

      (3)   No one other than a resident of the dwelling shall be employed in the conduct of a home occupation.

      (4)   No motor or mechanical equipment shall be permitted other than normally incidental to the use.

      (5)   The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.

      (6)   No storage of materials and/or supplies, including vehicles or equipment used in the occupation, indoors or outdoors, shall be permitted which will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood.

      (7)   No building or space outside of the main building shall be used for home occupational purposes, except approved agricultural/horticultural related activities.

      (8)   There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

      (9)   A home occupation shall not create any radio or television interference or noise audible beyond the boundaries of the site.

      (10)   No smoke, odor, liquid or solid waste shall be emitted.

      (11)   There shall be no outdoor storage or display of materials or equipment maintained on the premises.

      (12)   The conduct of the home occupation shall not interfere with the maintenance of the required off-street parking spaces on the property.

      (13)   The application shall be subject to review each year by the Town Manager. Violation of any criteria listed above shall result in cancellation of the home occupation permit.

   (B)   A decision of the Town Manager regarding the approval, disapproval or conditions imposed may be appealed in writing to the Planning and Zoning Commission within 15 days of notice of the decision.

   (C)   The Planning and Zoning Commission shall review newly issued home occupation permits on a regular basis.

(Ord. 2012-04, passed 12-5-2012)

   Cottage industries may be permitted subject to the granting of a conditional use permit by the Planning and Zoning Commission and, if approved, shall comply with the following restrictions.

   (A)   The entrepreneur of the cottage industry shall reside on the property.

   (B)   The number of persons employed in connection with the cottage industry and who are not residents of the dwelling shall not exceed three.

   (C)   The cottage industry may be conducted either within the dwelling or an accessory structure, or both; provided that, not more than 50% of the combined floor area shall be used in the conduct of the cottage industry.

   (D)   One non-illuminated sign not exceeding six square feet in area and six feet in height shall be permitted. Colors of sign background, sign lettering and support structure shall be earth tones complementary to the natural surroundings.

   (E)   Adequate off-street parking shall be provided according to the provisions of § 15. There shall be a maximum of five parking spaces.

   (F)   Any outdoor storage shall be as permitted in the underlying zone or as specified by the Commission. Outdoor storage shall be completely enclosed with a solid six-foot high fence or wall.

   (G)   Parking of commercial vehicles shall be as permitted in the underlying zone.

   (H)   Property for which a conditional use permit for a cottage industry is approved shall front on and have direct access on a road accepted for maintenance by the town or other governmental agency.

   (I)   Outdoor lighting shall conform to § 17.

   (J)   Direct sales of products is allowed if such sales are specifically provided for in the use permit.

   (K)   The business shall not generate any noise, vibration, smoke, dust, odor, heat, glare or electrical interference with radio or television reception that would exceed that normally produced by a dwelling unit.

   (L)   The Commission may grant a conditional use permit for up to three years. If all requirements of this section and of the use permit have been consistently met, and if no complaints have been filed with the town, the use permit may be renewed for up to five years.

(Ord. 2012-04, passed 12-5-2012)

   Bed and breakfast establishments, where permitted by the provisions of this code through the issuance of a conditional use permit, shall be subject to the approval of the Planning and Zoning Commission and shall comply with the following regulations.

   (A)   All provisions of § 14.2(A) pertaining to home occupations shall be met.

   (B)   Applicants for a use permit shall be the property owners.

   (C)   No more than two bedrooms shall be used at any one time.

   (D)   No more than five boarders may be accommodated at any one time.

   (E)   The maximum duration of stay of any one guest shall be ten days.

   (F)   The boarders must enter through the main entrance of the dwelling to get to their rooms, with no separate entrances allowed.

   (G)   All parking must be accommodated on site.

   (H)   The conditional use permit shall have a time limit of two years, after which time the Town Manager and the Commission shall review compliance with the conditions listed above. Compliance shall result in automatic renewal for another two-year period, while violation shall result in suspension and revocation according to § 20.3-14 of this code.

   (I)   For the use of two bedrooms, State and County Health Department approval and permits are required.

   (J)   State business and sales tax licenses are also required.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Purpose. The purpose of this section is to establish a process, rules and standards for the construction of wireless telecommunication facilities to:

      (1)   To protect and promote the public health, safety and welfare;

      (2)   To provide guidelines for the siting and design of wireless communication facilities;

      (3)   To protect the town’s environmental resources and to minimize adverse impacts on visual resources;

      (4)   To ensure that wireless telecommunication facilities are compatible with adjacent land uses;

      (5)   To minimize the number of towers by encouraging the joint use (co-location) of facilities and by maximizing the use of existing towers and structures;

      (6)   To allow competition in telecommunications service; and

      (7)   To enhance the ability to provide wireless telecommunication services to town residents, businesses and visitors.

   (B)   Definitions.

      ANTENNA. Any exterior device for transmitting and receiving wireless communication that is mounted on a tower, building or structure and that is used to send and receive signals for cellular telephone, personal communication service (PCS), mobile radio, paging, wireless Internet access and similar communication services. ANTENNAS may include panels, microwave dishes, satellite dishes, whip antennas or other devices that may be affixed to a tower, pole or other structure.

      ANTENNA, ATTACHED. An antenna mounted on the exterior of an existing building, silo, smokestack, water tower, utility or power pole, existing wireless communication tower, or an alternative support structure.

      ANTENNA, CONCEALED (STEALTH). An antenna with a support structure that screens or camouflages the presence of antennas and/or towers from public view in a manner appropriate to the site’s context and surrounding environment. Examples include human-made trees, flagpoles that do not exceed ten feet above the maximum allowable building height for the zone, utility poles, light poles, water tanks, steeples and architectural and facade features.

      CO-LOCATION. Use by two or more wireless communication providers on the same tower or other alternative structure.

      HEIGHT. The vertical distance from the preexisting grade at the base of the tower to the highest point of the tower including antennas.

      TOWER. A self-supporting structure such as a lattice tower or monopole, a guyed tower, or a structure affixed to or mounted on an existing or newly constructed building or other permanent structure, together with associated equipment, designed to support one or more antenna.

      WIRELESS TELECOMMUNICATION FACILITIES. Any combination of one or more antennas, towers and/or structures with equipment used for the transmission of wireless communication.

   (C)   Where allowed. Wireless telecommunication facilities require the granting of a conditional use permit by the Planning and Zoning Commission except as specified in division (H) below. Facilities are preferred in the industrial (M-1-10,000, M-2-6,000 and MP) and commercial (CG-10,000, CH-10,000 and CN-2/A) zones, but are also permitted with a conditional use permit in the AR, RR, G, PRD, PC, PS, OS, RC, P and MR zones. Facilities are not permitted in the Residential (RS-6,000, RS-10,000 and the like, RM-10/A, RM-20/A, MHP and RMH) Zones.

   (D)   Preferred facilities.

      (1)   Site location and development of wireless telecommunication facilities shall preserve the existing character of the surrounding land uses and buildings and the aesthetic visual character of the area. If technically feasible, new facilities shall use the most preferred facility type. The order of preference for new facilities is as follows (from most preferred to least preferred):

         (a)   Co-location on an existing tower;

         (b)   Antennas attached to existing structures such as buildings, light poles, utility poles;

         (c)   Concealed or camouflaged facilities;

         (d)   New sites on previously disturbed areas;

         (e)   New towers/facilities under 100 feet in Commercial or Industrial Zones;

         (f)   New towers/facilities 100 feet to 175 feet in Commercial or Industrial Zones;

         (g)   New towers/facilities under 100 feet in G, AR or RR Zones;

         (h)   New towers/facilities 100 feet to 199 feet in G Zones;

         (i)   New towers/facilities 100 feet to 150 feet in AR or RR Zones; and

         (j)   New tower in other zones as described in division (C) above.

      (2)   New facilities shall use the most preferred facility type and location where technically feasible, even if it results in an increase in the number of facilities or a higher cost. A lesser-preferred facility type may be permitted only if the applicant presents substantial evidence to show that it will have a lesser visual impact or is more technically necessary than the use of more preferred facilities.

   (E)   Disfavored facilities.

      (1)   Any site that is within a state or federal designated scenic corridor such as Highway  64;

      (2)   Any site within a visual corridor or scenic vista, for example along a ridgeline exposed to view from highway travelers or to residential areas, along a public trail, in a park or recreation area, unless the facility blends with the surrounding natural and human-made environment;

      (3)   Sites adjacent to or very close to residential areas; and

      (4)   Sites adjacent to or very close to sacred sites.

   (F)   Performance standards and design requirements.

      (1)   Height. New facilities shall not exceed 199 feet in height.

      (2)   Setbacks. The setback for towers is 105% of the tower height from all property lines so that in case of collapse or failure the tower would be contained on the property. Setbacks may be allowed to extend onto adjacent properties if there are dedicated fall zone easements. The setbacks may be reduced if a registered engineer can certify that in case of failure the tower would be contained on site. In Commercial and Industrial Zones, the setbacks may be reduced to 30% of the tower height if a registered engineer can prove that, in case of failure, the tower would be contained on site. Guys and accessory buildings must meet the setbacks of the underlying zoning classification. Facilities that are located on new or replaced utility poles, street lights or traffic signal poles are exempt from the setback requirements.

      (3)   Color and materials. Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. Muted colors, earthtones and subdued hues, such as gray, shall be used. All associated structures such as equipment buildings, including the roofs, shall be painted with earthtone colors.

      (4)   Fencing. New towers, other than flagpoles, utility poles or other camouflaged facilities, shall be fenced to prevent trespass.

      (5)   Lighting. Lighting on any new tower is prohibited unless required by the Federal Aviation Administration or by other applicable state or federal requirements. Motion detector security lighting may be approved if the lights are fully shielded. Any outdoor lighting requires a separate lighting permit.

      (6)   Landscaping. Perimeter landscaping may be required as a condition of approval of the facility, depending on the location. Existing vegetation shall be preserved to the maximum extent possible.

      (7)   Signs. No advertising is permitted anywhere upon or attached to the facility. Signage islimited to small non-illuminated warning and identification signs.

      (8)   Permits. A building permit is required for the construction of any new tower and for accessory structures.

      (9)   Storage. Long-term vehicle storage and other outdoor storage are prohibited.

      (10)   Term of use permit. The conditional use permit shall have a time limit of no more than five years. Prior to the end of the five-year period, the applicant and/or structure owner shall be responsible for submitting a new application for renewal. The applicant shall demonstrate that changes in technology have not eliminated the need for the facility as approved. Renewal of a conditional use permit shall be based on compliance with the conditions of approval.

   (G)   Application process. Prior to the submittal of a conditional use permit application, the applicant shall schedule a pre-application conference with town staff. Staff will review the ordinance requirements and submittal requirements to ensure a complete application. In addition, for facilities located within one-half mile of a residential area, the applicant shall hold a neighborhood meeting prior to the submittal of an application. Staff will attend the meeting and utilize the comments of neighbors in the analysis presented to the Planning and Zoning Commission. The requirement for a neighborhood meeting may be waived by the Town Manager. The application shall include all of the requirements for any conditional use permit, including 15 copies of a detailed site plan and elevations, landscape and fencing plans and the like, plus the following.

      (1)   Site plan. The site plan shall show existing improvements on the property, adjacent roads and access roads, parking, fencing, lighting, existing trees that will be retained and those that will be removed, setbacks from all property lines and all proposed improvements including those on the ground.

      (2)   Elevation drawings. The drawings shall show the tower and proposed attached antenna(s), as well as proposed structures on the ground. Materials and colors shall be indicated and color samples shall be provided.

      (3)   Photo images. Photo simulations of the proposed facility from each direction shall be provided showing the tower, all antennas, structures and equipment facilities, demonstrating the true impact of the facility on the surrounding visual environment. Town staff will assist in specifying recommended vantage points and the requested number of photo simulations at the pre-application conference.

      (4)   Communication plan. Each applicant shall provide a plan of its facilities to the town prior to or in conjunction with any application for the installation of a wireless telecommunication facility. The plan shall cover the entire town extending five miles beyond the  town limits. The plan shall include the following. These shall be in general terms and are not meant to require submittal of confidential or proprietary information:

         (a)   All of the applicant’s existing wireless facilities by size, type and coverage area;

         (b)   All presently anticipated future service areas, anticipated dates of development, and types and heights of facilities desired for each of the service areas;

         (c)   The various types of wireless telecommunication facilities used by the applicant to furnish service and when they are used. This includes drawings providing the sizes and shapes of the antennas and other equipment as well as written materials describing their application;

         (d)   The applicant’s policy direction for the mitigation and/or reduction of existing and proposed towers to avoid the proliferation of such facilities;

         (e)   The applicant’s policy direction on the mitigation and/or reduction of the negative visual impacts created by new towers, including any proposals to conceal or disguise such facilities designed to be architecturally and/or environmentally compatible with their surroundings;

         (f)   The applicant’s policy direction on co-location of antennas on their own facilities, on facilities from other applicants or tower companies, or on other structures that provide the verticality required for the antennas; and

         (g)   Designation of an agent (contact person) of the applicant who is authorized to receive communications and notices pursuant to this section.

      (5)   Written narrative. A written narrative shall be submitted with the application explaining why the proposed site has been chosen, why the proposed telecommunication facility is necessary, why the requested height was chosen, ability of the facility to accommodate other providers, and any other information requested at the pre-application conference.

      (6)   Existing structures. Evidence shall be submitted demonstrating that no existing verticality can be utilized within the targeted search area, defined generally as a one mile radius, to meet the applicant’s requirements.

      (7)   Property owner list. A typewritten list of the names and addresses of all property owners, keyed to assessor’s parcel numbers, within 500 feet of the outside boundaries of the subject property for towers up to 99 feet, and within 1,000 feet for towers from 100 to 199 feet.

      (8)   Evidence of notification. For facilities within one quarter mile of residential areas, defined as neighborhoods or subdivisions, evidence of notification of property owners within one quarter mile, map indicating tower site and residential area, and evidence of neighborhood meeting including sign-in sheet and a description of how the design addresses the residents’ concerns.

   (H)   Exemptions. This code does not apply to HAM radio towers, which are regulated elsewhere in the zoning code, or to satellite dishes for television reception at individual single-family residences. In addition, a conditional use permit is not required to co-locate additional antennas on already approved towers unless it results in a substantial change in the approval, such as an increase in tower height. A conditional use permit is not required for attached antennas where the height of the structure the antenna is being attached to is not increased. Examples would be antennas on existing utility or light poles, water towers or on the fascia of existing buildings. A conditional use permit is also not required for a stealth design that meets the height restriction of the zone in which the tower is proposed to be located. Co-locations are subject to the same conditions of approval as the original conditional use permit.

   (I)   Abandonment. The provisions of § 19, Non-Conforming Situations, shall apply to wireless telecommunications facilities. Pursuant to § 19.11, a tower shall be considered abandoned and the use discontinued if it is not utilized (i.e., there are no providers/antennas on the tower) for a continuous period of 180 days.

   (J)   Obsolescence and removal. In addition to all other remedies available to the Town of Tusayan, if a facility is abandoned pursuant to division (I) above and § 19 of the zoning code, or if a facility becomes obsolete due to changing technology, it shall be the responsibility of the tower owner and/or property owner to remove the tower and to restore the site to its original condition within 60 days. If the tower is not removed within this 60-day period, the town may notify the tower owner that it will contract for removal at the cost of the owner.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Purpose. The purpose of these regulations is to permit handicapped persons to reside in single- family residential neighborhoods in compliance with the Fair Housing Act, while preserving the residential character of the neighborhood.

   (B)   Zoning confirmation. Prior to registration, a request for zoning confirmation may be submitted to the Town Manager or designee to confirm that the proposed location of the group home is permitted under this section.

   (C)   Standards. Group homes for the handicapped shall be located, developed and operated in compliance with the following standards.

      (1)   Separation. The minimum separation between group homes shall be 1,200 feet, as measured from the closest property lines. No separation is required when group homes are separated by a utility right-of-way of at least 300 feet in width, or by a freeway, arterial street, canal or railroad.

      (2)   Occupancy. The number of residents, excluding staff, shall not exceed ten.

      (3)   Exterior appearance. There shall be no sign or other exterior indication of a group home visible from a street.

      (4)   Compliance with all applicable building and fire safety regulations. If a group home has one or more non-ambulatory residents, Building Code requirements in addition to those applicable to group homes with no non-ambulatory residents, shall apply.

      (5)   Licensing. Group homes shall comply with applicable licensing requirements.

      (6)   Parking. Any parking for the group home shall be on site.

      (7)   Tenancy. No group home shall house any person whose tenancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.

   (D)   Additional requirements of state law. Notwithstanding the foregoing, if the state has adopted laws or rules for the regulation of a specific type of home, such as a group home for the developmentally disabled pursuant to A.R.S. § 36-582 or an assisted living home pursuant to A.R.S. Title 36, Ch. 4, then any such state law or rule shall apply in addition to the conditions listed herein and shall preempt any conflicting condition listed herein.

   (E)   Request for accommodation.

      (1)   If a group home owner believes any requirement of the zoning code prevents the establishment of a group home in an economically viable manner, the owner shall submit a written request for accommodation and the reasons why the accommodation is required. The written request shall contain sufficient facts to allow an individualized determination of the group home’s needs, to address safety and welfare concerns and to assure compliance with this section. Town staff shall review the written request and determine:

         (a)   Whether an accommodation should be made pursuant to the requirements of the Fair Housing Act; and

         (b)   If so, the nature of the accommodation taking into consideration the requirements of the Fair Housing Act, public safety and welfare concerns, and the residential character of the neighborhood.

      (2)   The accommodation shall be made only to the extent necessary to comply with the Fair Housing Act.

(Ord. 2012-04, passed 12-5-2012)

   (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)   Temporary uses in the G, AR, RR and RS Zones.

      (1)   Upon the issuance of a building permit, two 160 square foot metal storage containers may be established with a no-fee 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), two 160 square foot metal storage containers may be established with temporary use permit for up to nine months. Emergency related projects are subject to a no fee permit. Temporary use permits 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 Town Manager in an emergency situation for a maximum of 90 days.

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

      (5)   Any deviations from these standards may be approved through the issuance of a conditional use permit.

   (D)   Temporary uses in the CG, CH, M1 and M2 Zones.

      (1)   Upon the issuance of a building permit, metal storage containers may be established with a temporary use permit. A no fee 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. Exceptions may be granted by the Town Manager in an emergency situation for a maximum of 90 days.

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

   (E)   Permanent uses in the G, AR, RR and RS Zones.

      (1)   One 160 square foot metal storage container 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 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 either the primary structure color or a pre-approved earthtone color consistent with the surrounding terrain prior to placement.

         (d)   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.

         (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 (e.g., 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.

      (2)   Any deviations from these standards may be approved through the issuance of a conditional use permit.

      (3)   Metal storage containers existing prior to the adoption of this code will have until 1-1-2009 to meet these requirements.

   (F)   Permanent uses in the CG and CH Zones.

      (1)   The equivalent of one 320 square foot metal storage container (e.g., two eight-foot by 20- foot containers, or one eight-foot by 40-foot) 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 utility may be permitted as part of the building permit.

         (c)   All containers shall be painted and maintained either the primary structure color or a pre- approved earthtone color consistent with the surrounding terrain prior to placement.

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

      (2)   Any deviations from these standards may be approved through the issuance of a conditional use permit.

      (3)   Metal storage containers existing prior to the adoption of this code will have until 1-1-2009 to meet these requirements.

   (G)   Permanent uses in the M1 and M2 Zones.

      (1)   Metal storage containers are permitted with an approved building permit, subject to the following standards.

         (a)   There shall be no signage on the metal storage containers.

         (b)   Electric utility may be permitted as part of the building permit.

         (c)   All containers shall be painted and maintained either the primary structure color or a pre-approved earthtone color consistent with the surrounding terrain prior to placement.

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

      (2)   Any deviations from these standards may be approved through the issuance of a conditional use permit.

      (3)   Metal storage containers existing prior to the adoption of this code will have until 1-1-2009 to meet these requirements.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Purpose. The purpose of this section is to establish a process, rules and standards for the construction and operation of accessory wind energy systems used primarily for on-site power consumption.

   (B)   Definitions.

      ACCESSORY WIND ENERGY SYSTEM. A system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on-site consumption. The system consists of a wind turbine and associated controls and may include a tower.

      HUB HEIGHT. The distance measured from ground level to the center of the turbine hub.

      TOTAL HEIGHT. The distance measured from ground level to the blade extended at is highest point.

      WIND TURBINE. A device which converts the kinetic energy of the wind into a useable form of electrical energy.

   (C)   Where allowed.

      (1)   Accessory wind energy systems shall be considered a permitted use in the following zoned areas G, AR, RR, RS, RM, PC, PRD, PS, RC, CG, CH, MR, MP, M1 and M2 Zones that are a minimum of one acre in size. Roof mounted systems may be permitted in any of the above mentioned zoned areas that are a minimum of one-half acre in size.

      (2)   Any deviation from the required standards of this code may be approved through the issuance of a conditional use permit.

   (D)   Performance standards and design requirements.

      (1)   The requirements of this code shall apply to all accessory wind energy systems proposed after the effective date of this code.

      (2)   All accessory wind energy systems shall conform to applicable industry standards, including those of the American National Standards institute.

      (3)   Minimum parcel size of one acre is required for the installation of an accessory wind energy system.

      (4)   No more than two systems are permitted per parcel.

      (5)   Maximum height shall be that of the underlying zoning district measured from preexisting natural grade to the center of the turbine hub for horizontal and vertical systems.

      (6)   Setback requirements shall be 100% of the total height of the accessory wind energy system from all property lines, access easements, residential structures and public electric power or telephone lines. No part of the wind system structure, including guy wire anchors, may extend into the minimum setback area of the underlying zoning district or into any access or utility easements.

      (7)   All portions of the energy system shall be a non-reflective, non-obtrusive color, subject to the approval of the Town Manager. The appearance of the turbines, towers and any other related components shall be maintained throughout the life of the wind energy facility pursuant to industry standards.

      (8)   Systems shall not be used for displaying any advertising.

      (9)   Systems shall not be illuminated unless required by a state or federal agency.

      (10)   The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near sub-stations or points of interconnection to the electric grid. All grid connected systems shall have a completed contractual agreement with the local utility prior to the issuance of a building permit.

      (11)   Accessory wind energy systems shall be designed, installed and operated so that noise generated by the system shall not exceed 50 decibels (50 dBA), as measured from the nearest property line, except during short-term events including utility outages and severe wind storms.

      (12)   Building permits shall be obtained for any accessory wind energy system prior to installation.

   (E)   Obsolescence and removal. If the accessory wind energy system remains non-functional or inoperative for a continuous period of 120 days, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at his, her or their expense after a demolition permit has been obtained. Removal includes the entire structure, including foundations to below natural grade and transmission equipment.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Purpose. The purpose of this section is to establish a process, rules and standards for the construction, establishment and operation of medical marijuana dispensaries, and off-site cultivation and infusion facilities, pursuant to A.R.S. § 36-2806.01.

   (B)   Definitions.

      MEDICAL MARIJUANA. All parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant that may be administered to treat or alleviate a qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.

      MEDICAL MARIJUANA DISPENSARY. A not-for-profit entity defined in A.R.S. § 36-2801(11) that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to qualifying patients or their designated caregivers.

      MEDICAL MARIJUANA INFUSION FACILITY. A facility that incorporates medical marijuana by means of cooking, blending or incorporation into consumable/edible goods.

      MEDICAL MARIJUANA OFF-SITE CULTIVATION LOCATION. A building, structure or premises associated with, but separate from a medical marijuana dispensary where cultivation, storage, infusion and/or manufacture of medical marijuana products is accomplished.

   (C)   Where allowed.

      (1)   Medical marijuana dispensaries shall be considered a permitted use in the CG-10,000 (Commercial General) and CH-10,000 (Commercial Heavy) Zones or in the PC (Planned Community) Zone in areas designated for development, subject to CG-10,000 and CH-10,000 uses and development standards, subject to the following performance standards and design requirements.

      (2)   Medical marijuana off-site cultivation and infusion facilities shall be considered permitted uses in the M-1-10,000 (Light Industrial), and M-2-6,000 (Heavy Industrial) Zones or in the PC (Planned Community) Zone in areas designated for development, subject to the M-1-10,000 and M-2-6,000 uses and development standards, subject to the following performance standards and design requirements. Off-site cultivation and infusion facilities shall be considered conditional uses in the CH-10,000 (Commercial Heavy) Zone or in the PC (Planned Community) Zone in areas designated for development, subject to CH-10,000 uses and development standards.

   (D)   Performance standards and design requirements.

      (1)   Medical marijuana dispensaries shall be located in a permanent building, and may not locate in a trailer, cargo container or motor vehicle.

      (2)   Medical marijuana dispensaries shall have a single secure entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana pursuant to A.R.S. § 36-2806(C).

      (3)   Medical marijuana dispensaries shall be a maximum of 2,500 gross square feet.

      (4)   Medical marijuana dispensaries and cultivation/infusion facilities shall not be located within 500 feet of a public or private preschool, kindergarten, elementary, secondary or high school, place of worship or public park existing before the date of application for the medical marijuana dispensary or cultivation/infusion facility. 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 protected use.

      (5)   Medical marijuana dispensaries and cultivation/infusion facilities shall not be located within 500 feet of another medical marijuana dispensary or cultivation or infusion facility. This distance shall be measured in a straight line between the exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted.

      (6)   Any medical marijuana dispensaries and cultivation/infusion facilities lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public or private preschool, kindergarten, elementary, secondary or high school, place of worship or public park.

      (7)   Retail sales and dispensing of medical marijuana and related products is prohibited at off-site medical marijuana cultivation and infusion facilities.

      (8)   Operating hours of medical marijuana dispensaries are limited to 8:00 a.m. to 8:00 p.m.

      (9)   Drive-through services are prohibited.

      (10)   There shall be no emission of dust, fumes, vapors, odors or hazardous waste into the environment from any facility where medical marijuana cultivation or infusion occurs.

      (11)   Marijuana remnants and byproducts shall be secured and properly disposed of and shall not be placed within the facility’s exterior refuse containers.

      (12)   Medical marijuana cultivation and infusion may occur within a medical marijuana dispensary. Otherwise, a medical marijuana dispensary may have one additional location where cultivation, infusion and production of medical marijuana products occurs pursuant to A.R.S. § 36-2804(B)(1)(b)(ii).

   (E)   Permits required.

      (1)   Where medical marijuana dispensaries and cultivation/infusion facilities are classified as a permitted use, an administrative permit shall be obtained prior to establishment of the use. To obtain an administrative permit, an applicant must comply with divisions (E)(3) through (E)(10) below.

      (2)   Where medical marijuana cultivation/infusion facilities are classified as a conditional use, a conditional use permit shall be obtained prior to establishment of the use. The standard conditional use permit application procedures and requirements shall be met along with additional requirements contained herein.

      (3)   The applicant shall provide the name and location of the medical marijuana dispensary. For an off-site cultivation and/or infusion facility, the applicant shall provide the name and location of the dispensary with which it is associated.

      (4)   If the applicant is not the property owner, the application shall include both the applicant’s and property owner’s signatures.

      (5)   The applicant shall provide a copy of their dispensary registration certificate issued by ADHS pursuant to A.R.S. § 36-2804(B) and a copy of the operating procedures adopted pursuant to A.R.S. § 36-2804(B)(1)(c) along with a site plan, floor plan and security plan.

      (6)   If the dispensary and/or cultivation/ infusion facility is proposed to be located in an existing building, the applicant shall obtain a building permit for change of occupancy with plans prepared by a professional architect registered in the state.

      (7)   A medical marijuana dispensary or infusion facility that incorporates medical marijuana by means of cooking, blending or incorporation into consumable/edible goods shall obtain applicable food service permits from the County Health Department.

      (8)   If the measured distance is within 25 feet of the required limits identified in divisions (D)(4) and (D)(5) above, a survey sealed by a registered land surveyor may be required, at the discretion of the Town Manager and at the applicant’s expense, to verify the required separation.

      (9)   Permit fees shall be as stipulated in the fee schedule adopted by resolution of the Town Council in effect at the time of application.

      (10)   Permits may be denied if the applicant, in the reasonable opinion of the Town Manager is failing to comply with any applicable state or local law or regulation.

(Ord. 2012-04, passed 12-5-2012)