§ 1.403. Additional conditions for specific conditional uses.

A.

Adult uses.

1.

In order to prevent the adverse secondary effects associated with the establishment of adult uses, including neighborhood deterioration and blight, an increase in criminal activity and diminution in surrounding property values, the issuance of all conditional use permits for adult uses shall be subject to the provisions of this Section 1.403.A. The provisions of this Section 1.403.A. shall supersede the provisions of Section 1.401., but only as to the issuance of conditional use permits for adult uses, and Section 1.401. shall apply to the issuance of conditional use permits for all other conditional uses.

2.

A conditional use permit application for any proposed adult use shall be submitted pursuant to the provisions of Section 1.300., including the procedures described therein for a pre-application conference and application. After the filing of a conditional use permit application for a proposed adult use, the Zoning Administrator shall, within fifteen (15) days of the filing of the application, determine if the application is complete. If the application is found to be incomplete, the Zoning Administrator shall immediately inform the property owner in writing, by certified mail of the reasons therefor. The Zoning Administrator shall process any resubmitted application in accordance with the same requirements applicable to the processing of the original application. A property owner may appeal the Zoning Administrator's determination that the application is incomplete to the City Council. Such appeal must be filed within five (5) working days of the date on which the Zoning Administrator's determination is received or returned, and shall be considered and decided by the City Council no more than twenty (20) days after the filing of the appeal.

3.

No conditional use permit application for any proposed adult use shall be deemed complete unless the Zoning Administrator has determined that all of the following conditions exist:

a.

No other adult use is located within one thousand (1,000) feet of the proposed adult use.

b.

The proposed adult use, if established, would not be located within five hundred (500) feet of the following protected uses, provided such protected uses is established on or before the date an application for the proposed adult use is filed:

i.

Day care center;

ii.

Educational service, elementary and secondary school;

iii.

Educational service, other than elementary and secondary school;

iv.

Public park;

v.

Teen dance center;

vi.

Game center;

vii.

Amusement park;

viii.

Public library;

ix.

Place of worship; or

x.

Community buildings or recreational facility not publicly owned (such as Boys or Girls Club, YMCA, etc.).

c.

The proposed adult use, if established, would not be located within five hundred (500) feet of any of the following zoning district boundaries: Single-family Residential R1-190, Single-family Residential R1-130, Single-family Residential R1-70, Single-family Residential R1-43, Single-family Residential R1-35, Single-family Residential R1-18, Single-family Residential R1-10, Single-family Residential R1-7, Single-family Residential R1-5, Two-family Residential R-2, Medium Density Residential R-3, Townhouse Residential R-4, Resort/Townhouse Residential R-4R, Multiple-family Residential R-5, Manufactured Home MH, Service Residential S-R (if occupied as a residential use), Downtown Residential/Hotel D/RH or any of the foregoing districts which also have a Planned Residential Development PRD, Planned Community P-C or Environmentally Sensitive Lands ESL designation, unless a petition requesting waiver of this requirement, signed by fifty-one (51) percent of those persons residing thirty (30) days or more within a five hundred-foot radius of the proposed location and by fifty-one (51) percent of those nongovernmental owners who own uses listed in paragraph 3.b within a five hundred-foot radius of the proposed location is received and verified by the Zoning Administrator. In such case, the City Council may waive conditions 3.b and 3.c.

4.

For purposes of this section, streets, alleys and other thoroughfares adjacent to the zoning district boundaries specified in paragraph 3.c. shall themselves be considered within such district boundaries. With respect to any such street, alley or other thoroughfare, measurements to determine whether the proposed adult use is within five hundred (500) feet of such boundary shall be taken to the edge of such alley nearest to the proposed adult use, or to the centerline of such street or thoroughfare, or to the property line of the uses specified in Section 1.403.A.3.b. or an established adult use, unless such use is specified in Section 1.403.A.3.b. or an established adult use is part of a multi-tenant parcel, in which case the measurement shall be to the exterior building wall of the use in question. Measurement from the proposed adult use shall be taken from that portion of the proposed adult use, including projections therefrom, that is closest to the residential district, use specified in Section 1.403.A.3.b. or established adult use, unless such proposed adult use is to be part of a multi-tenant parcel, in which case the measurement shall be from the exterior building wall of the proposed adult use.

5.

Where the conditional use permit application is determined to be complete, the Zoning Administrator shall forward the application to the secretary of the Planning Commission, who shall set days for public hearing before the Planning Commission and City Council, which dates shall be no more than thirty-five (35) and forty-five (45) calendar days, respectively, from the date of the filing of a complete application. Notice of the hearings shall be given in the same manner as provided in Sections 1.605. and 1.702., respectively.

6.

Conditional use permits shall be granted when permitted by this ordinance, unless the City Council has found that the granting of such conditional use permit would endanger the public health, safety or welfare by significantly increasing the likelihood of one (1) or more of the following:

a.

Damage or nuisance to surrounding areas arising from noise, smoke, odor, dust, vibration or illumination.

b.

Hazards to the public health arising from the creation of a sanitary nuisance.

c.

Illegal conduct in the areas surrounding the proposed adult use.

d.

Adverse impacts on surrounding property resulting from an unusual volume or character or vehicular or pedestrian traffic.

e.

Substantial and demonstrable diminution of the market value of surrounding property.

7.

No more than forty-five (45) days shall elapse between the filing of a complete conditional use permit application for an adult use and a determination by the City Council to grant or deny the permit, unless such delay is caused by the property owner. When denying a conditional use permit application for an adult use, the City Council shall specify each of the categories of harm set forth in Section 1.403.A.6. which it finds would be significantly increased by granting the application and the basis for such findings.

8.

All conditional use permits for adult uses shall be subject to the following conditions:

a.

All exterior doors shall remain closed during business hours.

b.

All materials, projections, entertainment or other activities involving or depicting "specific sexual activities" or "specified anatomical areas" shall not be visible from off-premises areas or from portions of an establishment accessible to minors.

c.

Sound from projections or entertainment shall not be audible from off-premises areas.

In addition, notwithstanding the provisions of Section 1.401., the City Council, in granting a conditional use permit for an adult use, may impose only such other conditions on the conditional use permit that would decrease the likelihood of occurrence of any of the adverse impacts listed in Section 1.403.A.6.

9.

An applicant whose complete application for a conditional use permit for an adult use has been denied by the City Council, or approved by the City Council, but subject to conditions unacceptable to the applicant; or whose appeal from the Zoning Administrator's determination of completeness has been denied by the City Council shall have the right to seek prompt judicial review of the City Council's decision without any requirement of seeking reconsideration from the City Council or any other administrative or legislative relief.

10.

Each of the provisions of this Section 1.403.A., including each of the categories of harm set forth in subsection A.6., shall be severable, and a judicial determination that any such provision is invalid on federal or state constitutional grounds, or otherwise, shall not affect the validity of:

a.

Any other provisions; or

b.

Any determination by the City Council insofar as it is based on any provision not determined to be invalid.

11.

These provisions shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law.

B.

Banks or financial institutions.

1.

The maximum gross floor area of the building shall be five thousand (5,000) square feet.

2.

If the bank is to include drive-thru services there shall be a maximum of two (2) drive-thru windows.

3.

Setbacks:

a.

Side Yard.

i.

A side yard of not less than fifty (50) feet shall be maintained where the side of the lot abuts a single-family residential district, or abuts an alley which is adjacent to a single-family residential district, shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying single-family residential zoning district comparable to the residential districts shown on Table 4.100.A. The fifty (50) feet may include the width of the alley.

ii.

A side yard of not less than twenty-five (25) feet shall be maintained where the side lot abuts a multiple-family residential district or an alley adjacent to a multiple-family residential district.

b.

Rear Yard.

i.

A rear yard of not less than fifty (50) feet shall be maintained where the rear lot abuts a single-family residential district, or abuts an alley which is adjacent to the single-family residential district, shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying single-family residential zoning district comparable to the single-family residential districts shown on Table 4.100.A. The 50 feet may include the width of the alley.

ii.

A rear yard of not less than twenty-five (25) feet shall be maintained where the rear lot abuts a multiple-family residential district or an alley adjacent to a multiple-family district.

4.

A minimum six-foot high masonry wall shall be provided on all property lines that abut a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A. The wall shall be contiguous to a minimum five-foot wide planter.

C.

Bars, cocktail lounges, and/or after hours establishments.

1.

The use shall not disrupt existing balance of daytime and nighttime uses.

2.

The use shall not disrupt pedestrian-oriented daytime activities.

3.

If the site is located within the Downtown Overlay District D-O then:

a.

The use shall not encourage displacement of daytime retail uses unless it can be demonstrated that the proposed use shall promote diversity of first floor uses along the street.

b.

The required parking for the use shall be within six hundred (600) feet of the property and shall not be separated from the property by a major or minor arterial street.

4.

If the use is located within five hundred (500) feet of a residential use or district then:

a.

The use shall not adversely impact residential uses.

b.

The use shall provide methods of buffering residential uses.

5.

An active management and security plan shall be created, approved, implemented, maintained, and enforced for the business.

6.

The property owner shall create a written exterior refuse control plan for approval by the City.

7.

The property owner shall demonstrate how noise and light generated by the use shall be mitigated.

8.

The use shall conform to the parking requirements of Article IX and shall not exceed capacity for traffic in the area.

9.

After hours establishments must maintain a valid after hours establishment license.

D.

Big box.

1.

To minimize adverse impacts from visual, aesthetic, and operational characteristics associated with big boxes and maintain the quality of life, general health, welfare, and safety of the community, big boxes shall be subject to the provisions of this Subsection 1.403.D.

2.

Remodeling or rezoning or addition to existing big box:

a.

Nothing in this Section 1.403.D. shall be reason to deny applications to remodel an existing big box or to rezone an existing big box.

b.

A Conditional Use Permit shall be required for any expansion of a big box beyond a cumulative ten (10) percent of the existing square feet of the big box existing at the time of the adoption of this ordinance requirement.

3.

A conditional use permit application for any proposed big box shall be submitted pursuant to the provisions of Article I, Section 1.300. In addition, all big box conditional use permit applications shall comply with the following submittal requirements and provisions unless otherwise approved by the City Council.

a.

An activity operations plan detailing characteristics of all operational activities.

b.

An outdoor activity plan describing the location, use, and characteristics of all outdoor activities.

c.

Service areas plan documenting hours of service area operations and activities.

d.

Display and storage areas shall occur within enclosed walls integral to the building.

e.

Items located within storage and display areas shall be screened from view from any single-family or multifamily residential district property.

f.

A refuse and litter control plan.

g.

A landscape and buffer plan.

h.

An outdoor lighting and mitigation plan documenting all aspects of lighting and its impacts in context with surrounding property characteristics; and how those impacts are not intrusive upon those properties. The outdoor lighting and mitigation plan shall include but is not limited to: hours of illumination, photometric analysis, and light fixture details for all lighting.

i.

A noise control plan and mitigation plan documenting the noise impacts in context with surrounding property characteristics; and how those impacts are lessened on those properties. The noise control and mitigation plan shall be accompanied by either acoustical planning documentation for new development or acoustical retrofitting documentation for alteration of existing development.

j.

Parking, vehicle circulation, pedestrian circulation, and transit service plans:

i.

Documenting impact in context with surrounding property characteristics and how the proposed use impacts are not intrusive upon those properties.

ii.

Documenting all accessibility, safety, and convenience of access to adjacent properties.

iii.

Documenting functional pedestrian scale elements and amenities.

k.

A traffic control plan including traffic generated by the use compiled into a traffic impact study and circulation study which documents how these impacts are mitigated.

l.

All structures and buildings shall be of a design character, including mass, scale, height, colors and other elements, compatible with the area in which the site is located.

m.

All site, structure, and building design shall be in substantial conformity with the Commercial Design Guidelines.

n.

All Development Review applications for big box shall be submitted for review by the Development Review Board and shall be processed with public notification requirements of Section 1.605 of this Zoning Ordinance.

o.

In addition, when deemed to be necessary because of the nature of the use and potential adverse impact on the community, other specific conditions may be imposed.

E.

Cemeteries.

1.

Cemeteries, including business office and storage building, shall contain a minimum of forty (40) acres, at least ten (10) acres of which shall be subdivided and developed in the initial plat. The cemetery may include accessory uses such as a chapel, a mortuary, a mausoleum, and those industrial uses which are incidental to the operation of a cemetery. Industrial uses shall include such things as the manufacture of burial vaults and headstone foundations, provided all of the products are used on the site and are not offered for sale and use elsewhere. The cemetery shall not include uses of an industrial nature other than those stated herein. Failure to receive approval of the Arizona State Real Estate Commissioner within twelve (12) months from the date of the City Council approval of the use permit shall render the use permit null and void.

2.

The application shall include:

a.

A certified copy of the articles of incorporation showing that a corporation has been organized and exits for the purpose of owning and developing a cemetery.

b.

A current study showing that the ratio of available ground interment spaces to the city's population does not exceed four (4) spaces per person.

c.

A proposed plat or map of the cemetery showing access to the cemetery from public roads; the sites of any proposed mortuary, chapel, or mausoleum structures; and a detailed landscape plan showing, particularly, any other buildings or significant structures.

3.

The applicant must demonstrate financial responsibility to comply with all state and local laws governing the development and maintenance of a memorial park cemetery.

4.

The applicant must demonstrate proposed cemetery will be adequately endowed for its perpetual care and maintenance to the extent that a trust fund shall be established in accordance with, and subject to, all provisions of the Arizona Revised Statutes and that said trust fund requirement be included as a covenant of the cemetery corporation in its sales agreements approved by the Arizona State Real Estate Commissioner.

F.

Commercial stable.

1.

The minimum property size shall be ten (10) acres gross.

2.

The proposed site shall not be adjacent to single-family residential properties of less than two (2) gross acres in size unless that residential property contains an equestrian trail easement along the contiguous boundary.

3.

Structures or facilities used for stabling, storing, showing or training of animals, and for temporary manure storage shall be set back a minimum of one hundred (100) feet from any adjacent privately-owned property. Dwelling units, accessory structures incidental to dwelling units, and irrigated pasture may occur within the one-hundred-foot setback area subject to the setback requirements of the applicable zoning district.

4.

The front yard shall be that of the applicable zoning district or forty (40) feet, whichever is greater.

5.

All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of four (4) feet six (6) inches in height. The design of these enclosures shall be shown on drawings submitted with the use permit application.

6.

The property owner shall provide a specific plan which includes the physical containment and location for manure storage and/or a disposal program which minimizes odor and fly impacts in adjacent parcels. The spreading and tilling of manure into the soil of paddock, pasture or arena areas may be considered manure disposal.

7.

The property owner shall provide a specific program for fly control in barn and stable areas which minimizes the attraction to and successful breeding of flies.

8.

All activity and pasture areas shall be grassed, sprinklered, or treated with regularly tilled high organic soil mix for dust suppression.

9.

There shall be no shows or other activities which would generate more traffic than is normal to a residential area, unless the proposed site has direct access from a major street as set forth in the Transportation Master Plan and the Design Standards & Policies Manual. Permission for such shows and activities may be obtained from the City Council. Notification shall be provided in a letter that explains the nature and duration of the activity, and accommodations for spectators, traffic and additional parking for vehicles. This letter shall be submitted to the City Clerk at least one (1) month prior to the date of the show or activity.

10.

All laws applicable to the public health must be complied with for the entire period of operation of the stable.

11.

Upon renovation of the use permit or abandonment of the commercial stable operation any accessory residential structures shall be removed.

G.

Day care center.

1.

The proposed facility shall comply with all requirements of the county and state health departments.

2.

A solid wall or fence, a minimum of six (6) feet high, and a buffer shall be provided around play areas abutting any residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

3.

A maximum of one-half (½) of the area for required parking may be used as a portion of the outdoor play area. If the building changes uses, all required parking areas shall be utilized as parking.

H.

Educational Service: Private school, university or college in compliance with, but not limited to, the following standards, as well as those otherwise required in the underlying District.

1.

There shall be no facilities regularly used for overnight housing or sleeping of students.

2.

Minimum lot area: 43,000 square feet.

3.

Maximum floor area ratio: 0.2.

4.

Noise: Outdoor speaker systems or bells are not allowed unless specifically approved by City Council.

5.

Required open space:

i.

Minimum: 0.24 multiplied by the net lot area.

ii.

For building heights over twenty (20) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twenty (20) feet.

iii.

NAOS may be included in the required open space.

6.

Parking:

i.

Parking shall be allowed in the front yard setbacks of the district for schools on streets classified in the Transportation Master Plan as minor collector or greater. On all other street classifications, parking shall be located behind the established front building line(s).

ii.

There shall be a three-foot high landscaped berm or screen wall along the street frontage where parking occurs.

iii.

A minimum of fifteen (15) percent of all parking areas shall be landscaped in addition to open space required above.

iv.

A twenty-foot minimum landscaped setback shall be provided where parking is adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

7.

Lighting:

i.

All pole-mounted lighting shall be directed down and shielded and shall be a maximum of sixteen (16) feet in height.

ii.

All lighting adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., shall be setback a minimum of thirty (30) feet from the property line.

iii.

All lighting, other than security, shall be turned off by 10:00 p.m., unless otherwise approved through a special event permit.

8.

Screening: There shall be a minimum six-foot high masonry wall and/or landscape screen, as approved by the Development Review Board, on the side and rear property lines adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

9.

Access and circulation plan:

i.

All private schools, universities and colleges shall have frontage on a street classified in the Transportation Master Plan as a minor collector or greater.

ii.

Side street access to a local collector residential street is prohibited when the number of students allowed to attend the school is greater than two hundred fifty (250).

iii.

A drop off area shall be provided that accommodates a minimum of five (5) cars at one (1) time.

iv.

The applicant shall submit a circulation plan to ensure minimal conflicts between the student drop-off area(s), potential van and bus drop-off area(s), parking, access driveway(s), pedestrian paths, and bicycle paths on site.

10.

Operations:

i.

No outdoor activities shall be permitted after 8:00 p.m. unless otherwise approved through a special event permit.

ii.

Any additions to, expansions of, or proposed playgrounds or outdoor activity areas shall be setback fifty (50) feet from the property line (including right-of-way width) of any property with a zoning of any single-family residential district shown on Table 4.100.A., or the single-family residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A.

iii.

Any additions to, expansions of, or proposed playgrounds or outdoor activity areas shall be setback twenty-five (25) feet from the property line (including right-of-way width) of any property with a zoning of Two-family Residential (R-2), Medium Density Residential (R-3), Townhouse Residential (R-4), Resort/Townhouse Residential (R-4R), Multiple-family Residential (R-5), or Manufactured Home (M-H).

[iv.]

All playgrounds and outdoor activity areas shall be screened from any residential district shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A. by a minimum six-foot high screen wall and/or landscape screen, as approved by the Development Review Board.

11.

Building design: All buildings shall be designed to be compatible with the surrounding residential neighborhood, subject to review and approval by the Development Review Board.

I.

Gas station .

1.

The application shall include detailed landscape plans showing plant, type, size and spacing. All landscape plans shall include an automated watering system. Planting areas shall cover a minimum of five (5) percent of the lot area and may be required to cover as much as twenty (20) percent of the site, depending upon site size. All trees planted shall have a minimum caliper of two (2) inches and all shrubs shall be at least five-gallon size. Lack of care and maintenance of the landscaped areas is cause for revoking the Conditional Use Permit.

2.

All structures approved under this Conditional Use Permit shall be of a unique design appropriate for the area in which they are to be constructed. All canopies shall be connected to the roof of the main structure unless otherwise approved. Renderings of any buildings shall accompany each application and construction shall be in reasonable conformity thereto.

3.

All sources of artificial light shall be concealed and attached to the main structure, unless otherwise approved. All lighting shall be designed to minimize glare.

4.

The minimum area of a parcel, exclusive of street dedication, shall be twenty-two thousand five hundred (22,500) square feet.

5.

A solid masonry wall or planting screen is required between all gas station sites and a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A. The wall height shall be as determined in each case based on the site and surrounding property contextual relationships.

J.

Hospital .

1.

The application shall include written proof the proposal meets all state and county regulations.

2.

Building height (excluding rooftop appurtenances). Maximum: seventy-five (75) feet.

3.

Required open space.

a.

Minimum open space: 0.24 multiplied by the net lot area, distributed as follows.

i.

Frontage open space minimum: 0.75 multiplied by the minimum open space, except as follows:

(1)

Minimum: thirty (30) square feet per one (1) linear foot of public street frontage.

(2)

Not required to exceed fifty (50) square feet per one (1) linear foot of public street frontage.

ii.

The remainder of the minimum open space, less the frontage open space, shall be provided as common open space.

4.

Yards. When the height of the building exceeds sixty (60) feet the following yard requirements shall apply. If building height is less than sixty (60) feet the district yard requirements shall apply.

a.

Side Yard.

i.

A side yard of not less than 100 feet shall be maintained where the side of the lot abuts a single-family residential district, or abuts an alley which is adjacent to a single-family residential district, shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying single-family residential district comparable to the residential districts shown on Table 4.100.A. The 100 feet may include the width of the alley.

ii.

A side yard of not less than seventy-five (75) feet shall be maintained where the side lot abuts a multiple-family residential district. The seventy-five (75) feet may include any alley adjacent to the multiple-family residential district.

b.

Rear Yard.

i.

A rear yard of not less than one hundred (100) feet shall be maintained where the rear lot abuts a single-family residential district, or abuts an alley which is adjacent to the single-family residential district, shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying single-family residential district comparable to the residential districts shown on Table 4.100.A. The one hundred (100) feet may include the width of the alley.

ii.

A rear yard of not less than seventy-five (75) feet shall be maintained where the rear lot abuts a multiple-family residential district or abuts an alley which is adjacent to the multiple-family residential district. The seventy-five (75) feet may include the width of the alley.

K.

Live entertainment.

1.

The applicant has provided and obtained City approval of a written Security and Maintenance Plan.

2.

The applicant has provided written evidence that sound resulting from indoor live entertainment will be contained within the building, except where external speakers are permitted by Conditional Use Permit to allow indoor live entertainment to be heard outdoors.

3.

The applicant has provided a lighting plan that addresses exterior lighting on the property, in accordance with Article VII. of the Zoning Ordinance and the Security and Maintenance Plan requirements.

4.

The applicant has provided a floor plan which identifies the areas for the primary use and for accessory functions, including but not limited to areas for performances.

5.

If the establishment is not in the Downtown Area, and access to the establishment is from a street other than one classified by the Transportation Master Plan as minor collector or greater, the applicant shall provide a traffic analysis which complies with the City's transportation guidelines. The traffic analysis shall demonstrate that the level of service on all streets accessed by the use meets the City's standards.

6.

If the Zoning Administrator determines that a parking study is necessary the applicant shall provide a study which complies with the City's requirements.

7.

The owner shall provide any additional information required by the Zoning Administrator to evaluate the impacts of the proposed use upon the area.

8.

All building openings such as doors, windows and movable wall panels shall be closed but not locked, except as permitted by Conditional Use Permit. Doors and service windows may be opened temporarily to allow passage.

9.

No external speakers used for live entertainment or outdoor live entertainment activities will be permitted on the premises of a use, which is located within five hundred (500) feet of a residential district shown on Table 4.100.A.

10.

The owner and operator shall comply with all plans approved as part of the Conditional Use Permit.

11.

All patron entrances shall be illuminated in accordance with the Building Code and the exterior lighting plans approved by the Development Review Board.

12.

Noise generated from the live entertainment shall conform to the City's Noise Ordinance.

L.

Medical marijuana caregiver cultivation.

1.

All operations are conducted within a completely enclosed building, in conformance with Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, and regulations issued thereunder, as amended.

2.

The medical marijuana caregiver cultivation use is at least one thousand five hundred (1,500) feet from the following uses within the City limits:

a.

Any residential use in a residential district shown on Table 4.100.A., or the residential portion of a Planned Community PC or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., and

b.

Any elementary or secondary school or pre-school.

c.

Any Place of worship.

d.

Any Day care.

e.

Any Public park.

3.

The medical marijuana caregiver cultivation use is at least two thousand six hundred forty (2,640) feet from the following uses within the City limits:

a.

Another medical marijuana caregiver cultivation use, or

b.

Any medical marijuana use.

However, no separation between these uses is required in the Industrial Park I-1 where a medical marijuana caregiver cultivation use and a medical marijuana use hold a state issued caregiver registry identification card and a nonprofit medical marijuana dispensary registration certificate, respectively, under the same name or organization.

4.

All distances are measured from the wall of the medical marijuana use nearest to the district(s) or use(s) indicated above, to the nearest property line of the district(s) or use(s) indicated above.

5.

The property owner has provided a written exterior refuse control plan, subject to City approval.

6.

The property owner has provided a written public safety plan, subject to City approval.

M.

Medical marijuana use.

1.

Active Permitted Uses Existing as of September 30, 2016. Active Medical marijuana uses legally established and operating under a valid Conditional Use Permit before September 30, 2016, including extensions, renewals, and amendments to existing approvals, shall be subject to the following conditions:

a.

All operations are conducted within a completely enclosed building, in conformance with Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, and regulations issued thereunder, as amended.

b.

The medical marijuana use is at least five hundred (500) feet from the following uses within the City limits:

(1)

Any residential use in a residential district shown on Table 4.100.A., or the residential portion of a Planned Community PC or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., and

(2)

Any elementary or secondary school or pre-school.

c.

The medical marijuana use is at least one thousand three hundred twenty (1,320) feet from the following uses within the City limits:

(1)

Medical marijuana caregiver cultivation use, or

(2)

Another medical marijuana use.

However, no separation between these uses is required in the Industrial Park District I-1 where a medical marijuana caregiver cultivation use or a medical marijuana use hold a state issued caregiver registry identification card and/or a nonprofit medical marijuana dispensary registration certificate under the same name or organization.

d.

All distances are measured from the wall of the medical marijuana use nearest to the district(s) or use(s) indicated above, to the nearest property line of the district(s) or use(s) indicated above.

e.

The property owner has provided a written exterior refuse control plan, subject to City approval.

f.

The property owner has provided a written public safety plan, subject to City approval.

g.

The hours of operation for a medical marijuana use that provides, shares, exchanges, sells, or dispenses medical marijuana are no earlier than 6:00 a.m. and no later than 7:00 p.m.

h.

There is no drive-through service, take-out window, or drive-in service.

2.

Permits Issued After September 30, 2016. Medical marijuana uses seeking a Conditional Use Permit after September 30, 2016, shall be subject to the following conditions:

a.

All operations are conducted within a completely enclosed building, in conformance with Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, and regulations issued thereunder, as amended.

b.

The medical marijuana use is at least one thousand five hundred (1,500) feet from the following uses within the City limits:

(1)

Any residential use in a residential district shown on Table 4.100.A., or the residential portion of a Planned Community PC or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

(2)

Any elementary or secondary school or pre-school.

(3)

Any Place of worship.

(4)

Any Day care.

(5)

Any Public park.

c.

The medical marijuana use is at least two thousand six hundred forty (2,640) feet from the following uses within the City limits:

(1)

Medical marijuana caregiver cultivation use, or

(2)

Another medical marijuana use.

However, no separation between these uses is required in the Industrial Park I-1 where a medical marijuana caregiver cultivation use and a medical marijuana use hold a state issued caregiver registry identification card and a nonprofit medical marijuana dispensary registration certificate, respectively, under the same name or organization.

d.

All distances are measured from the wall of the medical marijuana use nearest to the district(s) or use(s) indicated above, to the nearest property line of the district(s) or use(s) indicated above.

e.

The property owner has provided a written exterior refuse control plan, subject to City approval.

f.

The property owner has provided a written public safety plan, subject to City approval.

g.

The hours of operation for a medical marijuana use that provides, shares, exchanges, sells, or dispenses medical marijuana are no earlier than 6:00 a.m. and no later than 7:00 p.m.

h.

There is no drive-through service, take-out window, or drive-in service.

N.

Plant nursery.

1.

The site plan shall indicate all areas of outdoor display of plant and nonplant materials.

2.

No bulk storage of planting materials shall be allowed on site. All outdoor storage shall be located at the rear of the site and be totally screened by a minimum six-foot high solid masonry wall.

3.

Truck loading/unloading areas shall be screened from street views.

4.

Large trucks and tractors shall not be allowed on site except for the purpose of transporting vegetation to and from the nursery site.

5.

Outdoor public address systems shall not be allowed.

6.

Only low-level lighting shall be allowed.

7.

Bulk trash containers shall not be allowed on site.

O.

Ranch.

1.

The minimum property shall be five (5) acres gross.

2.

Structures or facilities used for the stabling, storing, showing or training of animals and for temporary manure storage shall be set back a minimum of fifty (50) feet from any single-family residential property other than those zoned Single-family Residential R1-190 and Single-family Residential R1-130. Dwelling units, accessory structures incidental to dwelling units, and irrigated pasturage may occur within the fifty-foot setback area subject to the setback requirements of the applicable zoning district.

3.

The front yard shall be that of the applicable zoning district or forty (40) feet, whichever is greater.

4.

There shall be no shows or other activities which would generate more traffic than is normal to a residential area unless the proposed site has direct access from a major street as set forth in the Transportation Master Plan and the Design Standards & Policies Manual. Permission for such shows may be obtained from City Council. Notification shall be provided in a letter that explains the nature and duration of the activity, accommodations for spectators, traffic impacts and additional parking for vehicles. This letter shall be submitted to the City Clerk at least one (1) month prior to the date of the show or activity.

5.

All pasture and animal storage shall be enclosed with fences or walls of a minimum of four (4) feet six (6) inches in height. The design of these enclosures shall be shown on drawings submitted with the use permit application.

6.

The property owner shall provide a specific plan which includes the physical containment and location for manure storage and/or a disposal program which minimizes odor and fly impacts on adjacent parcels. The spreading and tilling of manure into the soil of paddock, pasture or arena areas may be considered manure disposal.

7.

The property owner shall provide a specific program for fly control in barn and stable areas which minimizes the attraction to and successful breeding of flies.

8.

All laws applicable to the public health must be complied with for the entire period of operation of the ranch.

9.

All activity and pasture areas shall be grassed, sprinklered, or treated with regularly tilled high organic soil mix for dust suppression.

10.

Upon revocation of the use permit or abandonment of the ranch operation any accessory residential structures shall be removed.

P.

Residential health care facility.

1.

Specialized residential health care facilities, without Downtown District zoning.

a.

The number of beds shall not exceed eighty (80) per acre of gross lot area.

b.

Required open space.

i.

Minimum open space: 0.24 multiplied by the net lot area distributed as follows.

(1)

Frontage open space minimum: 0.50 multiplied by the total open space, except as follows:

(A)

Minimum: twenty (20) square feet per one (1) linear foot of public street frontage.

(B)

Not required to exceed fifty (50) square feet per one (1) linear foot of public street frontage.

(2)

The remainder of the minimum open space, less the frontage open space, shall be provided as common open space.

c.

The site shall be designed, to the maximum extent feasible, so that on-site parking is oriented to the building(s) to provide convenient pedestrian access for residents, guests, and visitors.

2.

Specialized residential health care facilities, with the Downtown District zoning.

a.

The number of beds shall not exceed one hundred (100) per acre of gross lot area.

3.

Minimal residential health care facilities, without Downtown District zoning.

a.

Minimum gross lot area: one (1) acre.

b.

The number of units shall not exceed forty (40) dwelling units acre of gross lot area.

c.

Required open space.

i.

Minimum open space: 0.24 multiplied by the net lot area distributed as follows.

(1)

Frontage open space minimum: 0.50 multiplied by the total open space, except as follows:

(A)

Minimum: twenty (20) square feet per one (1) linear foot of public street frontage.

(B)

Not required to exceed fifty (50) square feet per one (1) linear foot of public street frontage.

(2)

The remainder of the minimum open space, less the frontage open space, shall be provided as common open space.

d.

The site shall be designed, to the maximum extent feasible, so that on-site parking is oriented to the building(s) to provide convenient pedestrian access for residents, guests, and visitors.

4.

Minimal residential health care facilities, with Downtown District zoning.

a.

Minimum gross lot area: one (1) acre.

b.

The number of units shall not exceed fifty (50) dwelling units per acre of gross lot area.

Q.

Seasonal art festival.

1.

The minimum lot area shall be five (5) gross acres in the Resort/Townhouse Residential R-4R, Central Business C-2, Regional Shopping Center C-S, General Commercial C-4, and Planned Community Center PCC districts and shall be two and one-half (2½) acres in the Planned Regional Center PRC and Downtown D districts.

2.

In no case shall the gross floor area of all structures exceed the amount equal to 0.60 multiplied by net lot area in square feet.

3.

Volume is limited to the net lot area in square feet multiplied by nine (9) feet for any building.

4.

Required open space:

a.

Minimum: 0.20 multiplied by the net lot area.

b.

Additional open space requirements shall be determined by the Development Review Board.

5.

No structure shall exceed thirty-six (36) feet in height.

6.

Yards.

a.

Front yard.

i.

A front yard of not less than fifty (50) feet shall be maintained where the front of the lot abuts an expressway or a major arterial.

ii.

A front yard of not less than thirty (30) feet shall be maintained where the front of the lot abuts a minor arterial or less heavily traveled street.

iii.

There shall be a landscape screen as determined by Development Review Board approval.

b.

Side yard.

i.

A side yard of not less than thirty (30) feet shall be maintained where the side of the lot abuts a minor arterial or less heavily traveled street.

ii.

A side yard of not less than fifty (50) feet shall be maintained where the rear of a lot abuts a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

iii.

There shall be a landscape screen as determined by Development Review Board approval.

c.

A rear yard of not less than fifty (50) feet shall be maintained where the side of a lot abuts a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

d.

Operations and storage shall normally be conducted within an area contained by a temporary or permanent security fence which is screened by landscaping as described in paragraphs a.3. and b.3. preceding and as determined by Development Review Board approval or conditioned by use permit approval.

7.

Parking improvements.

a.

Dustproofed parking areas may be approved pursuant to Article IX.

8.

The arts and crafts displayed must be original work produced by the artists represented or reproductions of the original work of those artists.

9.

One (1) legal organization shall be responsible for sales and the collection of sales tax.

10.

The property owner shall create a written fire safety plan for approval by the City.

11.

Within two (2) weeks of the closing of the business for that season all temporary structures will be removed and the site will be returned to essentially an original appearance.

12.

Food service, if any, shall be provided by qualified concessionaires and will meet all health and sanitation standards established by the appropriate governmental authorities.

13.

Adequate restroom facilities shall be provided.

14.

The grounds, parking lot and yards shall be maintained in a clean and neat condition at all times. Trash receptacles shall be available throughout the grounds and all trash containers shall be screened from off-site view.

15.

Entertainment, if any, shall not create noise levels in excess of ambient noise levels or fifty (50) DB, whichever is greater, measured at the property line.

16.

The granting of a use permit shall not produce an incremental or cumulative effect of similar uses which would be detrimental to the city.

17.

On-site restrooms, offices and maintenance facilities shall be housed in permanent structures if the festival(s) occupies a site for more than two hundred seventy (270) days in any three-year period.

R.

Teen dance center.

1.

No teen dance center shall be located within three hundred (300) feet of an establishment selling packaged spirituous liquors.

2.

No portion of a teen dance center shall at any time be illuminated with lighting of less than two (2) footcandles per square foot. This requirement shall apply to parking areas and any other outdoor areas related to the dancing operation.

3.

The property owner shall create a written security plan for approval by the City.

4.

No disorderly or boisterous person or any person using spirituous liquors or illegal drugs shall be permitted to enter the premises or remain on the premises.

5.

A patron who leaves that portion of the premises in which the dancing operation is contained shall not be readmitted without paying a separate fee for readmission.

6.

A teen dance center shall not operate without a valid business license.

S.

Tennis club.

1.

The minimum property size shall be three (3) acres.

2.

If courts are lighted, lighting standards shall not exceed thirty (30) feet in height. Lighting shall be placed and shielded so as not to be detrimental to adjoining properties.

3.

Fencing of courts shall not exceed twelve (12) feet in height and may be required to be opaque by the City Council.

4.

There shall be no shows, tournaments or other activity which would generate more traffic than is normal to a residential area, unless access is provided from an arterial street as set forth in the Transportation Master Plan and the Design Standards & Policies Manual. Permission for such shows and activities may be obtained from the City Council. Permission shall be requested in a letter that explains the nature and duration of the activity and accommodations for spectators, additional parking and traffic. This letter shall be submitted to the City Clerk at least one (1) week prior to the hearing at which consideration is desired.

5.

There shall be a minimum fifty-foot wide landscape area adjacent to any residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A. The City Council may approve an alternative landscape area.

6.

Development review approval shall be obtained for all structures.

7.

Hours of operation may be controlled by the City Council.

8.

Perimeter fencing of the site may be required by the City Council.

T.

Vehicle leasing, rental or sales.

1.

Required parking shall not be used for vehicle display or storage.

U.

Vehicle repair.

1.

All repairs shall be performed within an enclosed building.

2.

Vehicles may only enter the rear of the building, except vehicles may enter the side of the building if the lot is:

a.

A corner lot,

b.

A lot abutting a residential district shown on Table 4.100.A.,

c.

A lot abutting the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., or

d.

Separated by an alley from one (1) of the districts set forth in subsection 2.b. or 2.c. above.

3.

If the lots meets any requirement of subsection 2. above, and side entry bays are proposed, the side entry repair bays shall be screened from street views by solid masonry walls, and the landscape plan shall demonstrate to the Development Review Board's satisfaction, that the proposed screening does not impact the streetscape by exposing repair bays, unassembled vehicles, vehicle repair activities, or vehicle parts.

4.

All vehicles awaiting repair shall be screened from view by a masonry wall or landscape screen.

5.

Required parking shall not be used for vehicle storage.

V.

Wireless communications facility (WCF) Type 4.

1.

All use permits shall be granted for a maximum of five (5) years from the date of City Council approval. The applicant shall be responsible for initiating a review of the approved wireless facility and shall demonstrate that changes in technology, that are economically feasible, have not eliminated the need for the use permit. If a new use permit is not granted, the applicant shall be responsible for the removal of the facility. When a use permit is granted for a co-location on a facility with an existing use permit, the action of granting the new use permit shall extend the existing use permit so that they will expire simultaneously.

2.

To the degree a proposed WCF meets height requirements set forth in this ordinance, no use permit shall be granted when heights are found to be intrusive, obtrusive or out of character with the surrounding area.

3.

Antennas and pole diameters shall be harmonious with the existing context and not be intrusive or obtrusive on the landscape or views.

4.

The shape of the WCF shall blend with other similar vertical objects and not be intrusive in its setting or obtrusive to views.

5.

The WCF shall blend into its setting and, to the extent that it is visible, not be intrusive on the landscape or obtrusive on views.

(Ord. No. 1841, § 1, 10-15-85; Ord. No. 1851, § 1, 11-5-85; Ord. No. 1876, § 1, 1-21-86; Ord. No. 1902, § 1, 9-2-86; Ord. No. 1971, § 1, 8-4-87; Ord. No. 2266, § 1, 11-21-89; Ord. No. 2311, § 1, 8-21-90; Ord. No. 2420, § 1, 12-17-91; Ord. No. 2430, § 1, 1-21-92; Ord. No. 2526, § 1, 3-16-93; Ord. No. 2586, § 1, 8-3-93; Ord. No. 2620, § 1, 8-2-94; Ord. No. 2830, § 1, 10-17-95; Ord. No. 2858, § 1, 12-5-95; Ord. No. 3048, § 1, 10-7-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3394, 6-19-01; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3542, § 1, 12-9-03; Ord. No. 3879, § 1(Exh. §§ 1—3), 3-2-10; Ord. No. 3920, § 1(Exh. §§ 7—14), 11-9-10; Ord. No. 3923, § 1(Exh. § 1), 1-25-11; Ord. No. 3980, § 1(Res. 8895, § 1, Exh. A, § 1), 12-6-11; Ord. No. 3982, § 1(Res. No. 8902, Exh. A, § 1), 1-10-12; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 1—10), 4-3-12; Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, §§ 1—3), 11-14-12; Ord. No. 4099, § 1(Res. No. 9439, Exh. A, §§ 1, 2), 6-18-13; Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 1), 1-14-14; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 16—26), 5-6-14; Ord. No. 4213, § 1, 6-2-15; Ord. No. 4271, §§ 1, 2, 8-31-16; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 2)), 11-13-18)