The regulations set forth in this chapter or set forth elsewhere in this title, when referred to in this chapter, are the C-2 commercial district regulations.

(Zoning Ord. § 5-6-101)

A building or premises in a C-2 commercial district shall be used only for the following purposes:

1.

Any use permitted in the C-1 commercial district;

2.

Auto car wash, automated or self-service;

3.

Bars and nightclubs;

4.

Bicycle sales and repair;

5.

Catering establishment;

6.

Cabinet shop or store, but not more than ten (10) percent of the lot or tract occupied by such establishment shall be used for the open or unenclosed storage of material and equipment;

7.

Garage repair shop;

8.

Golf practice driving range;

9.

Hotel or motel;

10.

Key shop;

11.

Medical marijuana cultivation, infusion or manufacturing facility;

12.

Medical marijuana dispensary;

13.

Milk distributing station which does not involve any battling operation on the premises;

14.

Nursery and greenhouse;

15.

Plumbing shop;

16.

Printing shop;

17.

Retail sales and service of spirituous liquors solely for consumption on licensed premises, in connection with an established restaurant, which may contain a cocktail lounge, but the principal business of which is serving food, and having a seating capacity of not less than fifty (50) persons in its dining area exclusive of any cocktail lounge or bar facility. Dancing is allowed in restaurants which conform to above provisions. Drive-in car services are permitted;

18.

Sales or show room;

19.

Telephone exchange or telegraph office;

20.

Tire store sales and services including vulcanizing and involving no manufacturing on the premises;

21.

Upholstery shop not involving any furniture manufacturing;

22.

Cremation retort;

23.

Sexually oriented businesses, subject to a special use permit and the locational requirements of Section 17.40.100;

24.

Municipal facilities, including administrative offices and equipment storage facilities;

25.

Mini-storage facility;

26.

Vehicle storage facility, provided that vehicles, trailers and boats are fully screened by a finished masonry or concrete wall not to exceed ten (10) feet in height and Xeriscape (drought-tolerant) landscape vegetation.

27.

Public safety facility, including administrative offices, fire station, police station, and ambulance service.

28.

Vehicle storage facility, provided that vehicles, trailers and boats are fully screened by a finished masonry or concrete wall not to exceed ten (10) feet in height and xeriscape (drought-tolerant) landscape vegetation.

(Ord. 07-02 § 1 (part): Ord. 06-06 § 1 (part): Ord. 05-02 § 1 (part); Ord. 04-12 (part); Ord. 03-03 § 1 (part); Ord. 02-12 (part); Zoning Ord. § 5-6-102)

(Ord. No. 11-02, § I, 1-20-11; Ord. No. 11-18, § I, 12-15-11; Ord. No. 15-01, § I, 3-5-15; Ord. No. 17-09, § I, 10-19-17)

A.

Accessory buildings and uses customarily incident to the uses set forth in Section 17.40.020 are permitted in a C-2 commercial district, including parking lots, signs, bulletin boards and poster panels.

B.

Any lighting shall be so placed to reflect the light away from lots in residential districts.

(Zoning Ord. § 5-6-103)

A.

There shall be a front yard having a depth of not less than twenty-five (25) feet, except as provided in Chapter 17.52.

B.

Where lots have a double frontage, the required front yard shall be provided on both streets.

C.

A canopy or roof extension from the front of a building shall not exceed eight feet.

(Ord. 02-12 (part); Ord. 96-11 § 2; Zoning Ord. § 5-6-104)

A.

No side yard shall be required except where a lot adjoins a residential dwelling district, in which case there shall be a side yard of not less than seven feet. In all other cases, if a side yard is provided, it shall not be less than three feet in width.

B.

No canopies or roof extension shall project more than five feet on the side of a building.

(Ord. 02-12 (part); Zoning Ord. §§ 5-6-105, 5-6-110)

The rear yard regulations are the same as those in the C-1 commercial district.

(Zoning Ord. § 5-6-106)

No building shall exceed two stories nor shall it exceed twenty-four (24) feet in height unless the property is located in the Youngtown redevelopment district as identified in Youngtown Resolution 00-08. If within the redevelopment district, the maximum height allowed shall be four stories or forty-eight (48) feet.

(Ord. 02-12 (part); Ord. 00-08 § 3: Zoning Ord. § 5-6-107)

The provisions of Sections 17.60.060 and 17.60.070 shall apply.

(Zoning Ord. § 5-6-108)

The provisions of Chapter 17.64 shall apply.

(Zoning Ord. § 5-6-109)

(Ord. No. 10-17, § I, 12-16-10)

A.

A person commits a Class 1 misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than as permitted in this chapter.

B.

A person commits a Class 1 misdemeanor if the person operates or causes to be operated a sexually oriented business within six hundred (600) feet of:

1.

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

2.

A public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; "school" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

3.

A boundary of a residential district as defined in this section;

4.

A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, wilderness area, or other similar public land within the town which is under the control, operation or management of the town or other governmental entity;

5.

The property line of a lot devoted to a residential use as defined in this section; or

6.

An entertainment business which is oriented primarily towards children or family entertainment.

C.

A person commits a Class 1 misdemeanor if that person causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within six hundred (600) feet of another sexually oriented business.

D.

A person commits a Class 1 misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

E.

For the purpose of subsection B of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection B of this section. Presence of a town, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

F.

For purposes of subsection C of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

G.

Any sexually oriented business lawfully operating on the effective date of this ordinance that is in violation of subsections A—F of this section shall be deemed a legal nonconforming use. The legal nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such legal nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within six hundred (600) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually legally operating at a particular location is the conforming use and the later established business(es) is/are nonconforming and subject to subsection G of this section.

H.

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection B of this section within six hundred (600) feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.

(Ord. 03-03 § 1 (part))

A.

No person shall own or operate a medical marijuana cultivation, infusion or manufacturing facility or medical marijuana dispensary without having made application and having received a business license pursuant to Chapter 5 of this code and approval from the state of Arizona to own or operate such facility.

B.

A person commits a Class 1 misdemeanor if that person operates or causes to be operated a medical marijuana cultivation, infusion or manufacturing facility or medical marijuana dispensary in any zoning district other than as permitted in this section.

C.

Every person, owner or operator of a medical marijuana cultivation, infusion or manufacturing facility and/or medical marijuana dispensary shall provide:

1.

In the case of a medical marijuana dispensary, the name(s) and location(s) of any offsite medical marijuana cultivation, infusion or manufacturing facility with which it is affiliated;

2.

In the case of a medical marijuana cultivation, infusion or manufacturing facility, the name(s) and location(s) of any offsite medical marijuana dispensary with which it is affiliated;

3.

A copy of the operating procedures adopted in compliance with A.R.S. § 36-2804;

4.

A survey sealed by a registrant of the state of Arizona showing the location of the nearest medical marijuana dispensary or cultivation, infusion or manufacturing facility;

5.

A site plan, floor plan, building permits for occupancy change, and a security plan for the facility or dispensary.

D.

Retail sales of medical marijuana are prohibited at any medical marijuana cultivation, infusion or manufacturing facility.

E.

Retail sales of devices, equipment, products, or material used to consume medical marijuana may be sold at a medical marijuana dispensary to a state-qualified patient(s) but are prohibited at any medical marijuana cultivation, infusion or manufacturing facility.

F.

Food products may be sold at a medical marijuana dispensary to a state-qualified patient(s) but are prohibited at any medical marijuana cultivation, infusion or manufacturing facility.

G.

No person may consume medical marijuana at any medical marijuana dispensary and/or medical marijuana cultivation, infusion or manufacturing facility.

H.

A medical marijuana dispensary and/or medical marijuana cultivation, infusion or manufacturing facility shall be located in a permanent building and shall not be located in a trailer, cargo container or motor vehicle.

I.

No drive-through services shall be provided at any medical marijuana dispensary or medical marijuana cultivation, infusion or manufacturing facility.

J.

Each medical marijuana dispensary and medical marijuana cultivation, infusion or manufacturing facility shall provide for proper disposal of marijuana remnants or by-products and such products shall not be placed within the facility's exterior refuse containers.

K.

A person commits a Class 1 misdemeanor if the person operates or causes to be operated a medical marijuana cultivation, infusion or manufacturing facility or medical marijuana dispensary within two hundred fifty (250) feet of the boundary of a residential district as defined in this title, and within one thousand (1,000) feet of:

1.

A building that is used primarily for religious worship and related religious activities;

2.

A public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. "School" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school, or a bus stop serving such facility;

3.

A public park or recreational area that has been designated for park or recreational activities including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, wilderness area, or other similar public land within the town which is under the control, operation or management of the town or other governmental entity;

4.

An entertainment business that is oriented primarily towards children or family entertainment; or

5.

Another medical marijuana cultivation, infusion or manufacturing facility or medical marijuana dispensary.

L.

Every entity or person who owns or operates medical marijuana cultivation, infusion or manufacturing facility or medical marijuana dispensary shall:

1.

Maintain the facility in a clean and sanitary condition;

2.

Ensure the facility and associated surrounding areas are adequately ventilated and in clean condition free from offensive odors, and there shall be no omission of dust, fumes, vapors or odors into the environment.

M.

Every entity or person who operates a medical marijuana dispensary shall ensure that at least one staff person is present at all times the facility is open for business.

N.

A medical marijuana dispensary may only be open for business between the hours of eight a.m. and ten p.m., Monday through Saturday and eight a.m. and ten p.m. on Sunday.

(Ord. No. 11-02, § I, 1-20-11; Ord. No. 11-07, § I, 4-21-11; Ord. No. 14-07, § I, 9-18-14; Ord. No. 14-08, § I, 9-18-14; Ord. No. 14-09, § I, 9-18-14; Ord. No. 17-04, § I, 3-16-17; Ord. No. 19-12, § I, 12-5-19; Ord. No. 2024-03, § I, 5-2-24)

A.

Purpose. This section is adopted to protect the health, safety, and welfare of the community. Except as allowed by law for personal, private use, the town prohibits the retail sale, cultivation, and manufacturing of marijuana or marijuana products in the town, except for marijuana establishments operating as dual licensees as permitted by state law. Nothing in this section is intended to promote or condone the sale, cultivation, manufacture, transport, production, distribution, possession, or use of marijuana or marijuana products in violation of any applicable law.

B.

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

1.

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

2.

"Consumer" means an individual who is at least twenty-one (21) years of age and who purchases marijuana or marijuana products.

3.

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

4.

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

5.

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

6.

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

A.

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

B.

Is secure against unauthorized entry;

C.

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

D.

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

7.

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

8.

"Marijuana"

A.

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

B.

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

C.

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

9.

"Marijuana concentrate:"

A.

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

B.

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

10.

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

A.

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

B.

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

C.

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

11.

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

12.

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

13.

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

14.

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

15.

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

16.

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

17.

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

C.

Regulations.

1.

Prohibition. The operation of marijuana establishments and marijuana testing facilities are prohibited in the Town of Youngtown except that a marijuana establishment is permitted for a dual licensee who (a) operates both a nonprofit medical marijuana dispensary and marijuana establishment cooperatively in a shared location; and (b) has not forfeited or terminated the nonprofit medical marijuana dispensary registration from the department of health services.

2.

Regulations and sale. Marijuana establishments permitted above shall be regulated as set forth in Section 17.40.110 and shall pay fees established by council, including fees for a business license application, annual renewal, and zoning certification, background and security review. the sale of marijuana and marijuana products 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.

3.

Public places.

a.

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

b.

The use, sale, cultivation, manufacture, production, or distribution of recreational marijuana or recreational marijuana products is prohibited on property that is occupied, owned, controlled, or operated by the state or a political subdivision of this state that has adopted rules, regulations, or policies prohibiting the use, sale, cultivation, manufacture, production, or distribution of recreational marijuana or recreational marijuana products on its property.

c.

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

d.

It is unlawful to operate a business in the town that permits consumption of recreational marijuana or recreational marijuana products on premises by invitees, patrons, or employees of the business.

4.

Regulations for primary residence for personal use. To the extent allowable by law, marijuana possession, consumption, processing, manufacturing, transportation, and cultivation is permitted in a residential zoning district in the town and is subject to the following conditions and limitations:

a.

It shall be unlawful for any individual who is at least twenty-one (21) years of age to possess, transport, cultivate or process more than six (6) marijuana plants.

b.

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

c.

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

d.

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

e.

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

f.

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 town.

g.

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.

h.

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.

D.

Enforcement; penalties.

1.

Marijuana establishment licenses may be revoked by the town for violation of any provision of this section, for any violation of the requirements of the license, or if the department revokes the license for a marijuana establishment facility.

2.

Violation of this section are in addition to any other violation enumerated within the town ordinances or the town code and in no way limits the penalties, actions or abatement procedures which may be taken by the town for any violation of this section, which is also a violation of any other ordinance or code provision of the town or federal or state law. Conviction and punishment of judgment against any person under this section 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.

Except as otherwise provided in A.R.S. § 36-2853, violation of any provision of this section is punishable as a class one misdemeanor in accordance with Section 17.04.110 of the Town of Youngtown Zoning Code, and shall be punishable by not more than two thousand five hundred dollars ($2,500.00) or by imprisonment in the jail designated by the town for a term not exceeding six months, or by both such fine and imprisonment. each day that a violation continues shall be a separate offense.

(Ord. No. 2020-05, § I(Att.), 12-17-20)