In this chapter, unless the context otherwise requires:

"Demonstrates" means meets the burdens of going forward with the evidence and of persuasion.

"Entertainment district" means a specific contiguous area that is designated an entertainment district by resolution adopted by the town council, that consists of no more than one square mile, that is no less than one-eighth mile in width and that contains a significant number of entertainment, artistic and cultural venues, including music halls, concern [concert] facilities, theaters, arenas, stadiums, museums, studios, galleries, restaurants, bars and other related facilities.

"Town" means the town of Youngtown, Arizona.

"Person" includes an individual and a religious assembly or institution.

"Religion-neutral zoning standards" means numerically definable standards such as maximum occupancy codes, height restrictions, setbacks, fire codes, parking space requirements, sewer capacity limitations and traffic congestion limitations. "Religion-neutral zoning standards" does not include: (i) synergy with uses that a government holds as more desirable; or (ii) the ability to raise tax revenues.

"Suitable alternate property" means a financially feasible property considering the person's revenue sources and other financial obligations with respect to the person's exercise of religion and with relation to spending that is in the same zoning district or in a contiguous area that the person finds acceptable for conducting the person's religious mission and that is large enough to fully accommodate the current and projected seating capacity requirements of the person in a manner that the person deems suitable for the person's religious mission.

(Ord. No. 11-01, § I, 1-20-11)

A.

Religious assemblies and institutions shall be permitted in any zoning district unless one of the following conditions exists:

1.

Location of a religious assembly or institution at a particular location violates religion-neutral zoning standards enacted into the town's laws at the time of the person's application for a permit.

2.

Location of a religious assembly or institution at a particular location would be hazardous due to toxic uses in adjacent properties.

3.

There exists, within the town limits, a suitable alternate property the religious assembly, institution or person could use for the exercise of religion. the determination of suitable alternative property shall be made by the town manager unless otherwise delegated.

B.

Religious assemblies and institutions shall comply with all federal, state, county and town laws, including religion-neutral zoning standards.

C.

Religious assemblies and institutions shall comply with all regulations set forth in Title 17, Chapter 17.64 [of the town of Youngtown Municipal Code], relating to signage, applicable to the district in which they are located. Spires, steeples, and other non-signage structures shall not be deemed signage within the meaning of Chapter 17.64 [of the town of Youngtown Municipal Code.]

D.

The town may, on a case-by-case basis, approve an exemption from the distance requirements set forth in A.R.S. § 4-207 for a religious assembly or institution that is located in an entertainment district.

E.

Religious assemblies and institutions shall provide two off-street parking spaces for every five seats in the main assembly area. Religious assemblies and institutions shall comply with all parking requirements and restrictions set forth in Title 10, Chapter 10.16 of the town of Youngtown Municipal Code.

F.

Religious assemblies and institutions may provide for a homeless shelter as an accessory use. Such accessory use shall require a special use permit and be subject to the requirements of Section 17.52.160 of this title. If the homeless shelter will be located in an R-43 rural residential dwelling district, R-3 single-family dwelling district, or R-2 two-family dwelling district, the maximum number of residents of the facility shall not exceed six persons for each one thousand six hundred (1,600) square feet of shelter space. Open areas surrounding the homeless shelter shall be screened from view from abutting and/or adjoining properties by hedges, trees, other landscaping, or walls.

(Ord. No. 11-01, § I, 1-20-11; Ord. No. 18-13, § I, 11-1-18)