§ 5.2804. Use regulations.

The uses allowed in the WP district are generally those cultural, educational, and theme park recreational/commercial uses which are thematic, together with open space and landscaped areas so that buildings, structures, or premises evoke a sense of place, appearance, and atmosphere of the American southwest.

Building structures or premises shall be used and buildings and structures shall hereinafter be erected, altered or enlarged only for the uses set forth in this section. Unless otherwise restricted by the approvals required herein, permitted uses shall include uses as defined below.

A.

Permitted uses. Permitted uses shall be allowed as indoor or outdoor uses and shall include the following:

1.

Retail sales.

a.

Antique store.

b.

Art gallery.

c.

Bookstore.

d.

Craft specialty retail shops conducted in conjunction with jewelry, leather goods, silk screening, sculpturing and wood carving, antiques, gifts, clothing, photography, candle making, flower making, belt making, belt buckle making, ceramics, and pottery.

e.

Feed store.

f.

Florist.

g.

Gift shop.

h.

Public auctions.

i.

Food and beverage facilities; restaurant excluding drive-through restaurant and excluding drive-in restaurant; and food facilities including ice cream making, candy making, and bakeries.

2.

Services.

a.

Accessory office, accessory postal service, and accessory banking service.

b.

Barbeque and cookout areas, which may include activities permitted in Section 5.2804.A.2.h., k., and u., and as indicated on the approved development plan.

c.

Dwelling units for employees.

d.

Equine racing, excluding pari-mutuel wagering.

e.

Events of limited duration which are consistent with the nature and intent of the Western Theme Park district excluding racing and other competitive events involving the operation of motorized vehicles.

f.

Fireworks, not later than 10:00 p.m.

g.

Gymnasium, racquet, paddle or handball courts.

h.

Horse rides, burro rides, hay rides, stagecoach rides, railroad train rides.

i.

Hospitals for animals including boarding and lodging; provided that there shall be no outdoor kennels maintained and provided that all facilities shall be in soundproof buildings.

j.

Live entertainment, patron dancing, performing arts, and western shows, such as mock gunfights, and similar activities.

k.

Livestock pens and stables.

l.

Merry-go-round.

m.

Mini-arcades, shooting galleries, gold panning.

n.

Movie studios, television and motion picture filming and production.

o.

Municipal uses.

p.

Private clubs, fraternities, sororities and lodges.

q.

Portable camping trailer; motor home; travel trailer; portable truck camper sites for temporary lodging. Lodging for a period not exceeding thirty (30) days shall be considered temporary.

r.

Travel accommodation.

s.

Restored or replica structures reminiscent of the historical American West.

t.

Rodeos, equine contests and expositions, equine training facilities.

u.

Shows and exhibits.

v.

Wedding chapel.

w.

Wireless communications facilities; Types 1, 2, and 3, subject to the requirements of Sections 1.906., 3.100. and 7.200.

3.

Convention, conference or exhibition centers. Facilities including large volume halls and rooms for conducting convention meetings, conferences, trade shows and/or major exhibitions and auctions.

4.

Cultural facilities.

a.

Museums. Facilities which display, store, restore, research, and educate in connection with collections of artwork, prehistoric and/or historic artifacts, relics, scientific or natural history and southwestern deserts.

b.

Performing and fine arts facilities. Facilities used for theaters for live and cinematic performance, training and rehearsal in performing and audio/visual arts, and recording studios, and/or facilities, including historic art complexes which include collaborative studios and galleries used for the creation, display and sale of fine art work including, but not limited to, paintings, sculpture and limited edition print work and seasonal fine art work festivals.

c.

Regional, scientific, historical, cultural and environmental interpretive centers. Facilities which provide education, research, and/or archives regarding regional historic or prehistoric themes, regional natural history themes, or scientific themes, including entertainment venues and features that are accessory to the primary uses.

B.

Use permitted by a conditional use permit.

1.

Community buildings and recreational facilities not publicly owned.

2.

Wireless communications facilities; Type 4, subject to requirements of Sections 1.400, 3.100 and 7.200.

C.

Ancillary uses. An ancillary use is defined to mean a use necessary to support the complete functioning of the primary uses. It is anticipated that ancillary uses could include but would not be limited to the following:

1.

Commercial uses;

2.

Office;

3.

Residential uses necessary for clients, employees, guests or students directly associated with the primary use;

4.

Service; and

5.

Specialty retail.

The Development Plan must include a statement of justification and a description of the nature and type of any proposed ancillary use. Any proposed ancillary use must be considered by the City Council (unless the below referenced administrative exception applies) at the time the development plan is approved or amended. Before the City Council approves any proposed ancillary use, it must first find that the ancillary use is necessary to support the complete functioning of the approved primary uses.

(Ord. No. 2430, § 1, 1-21-92; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3758, § 1(Exh. 1), 11-6-07; Ord. No. 3926, § 1(Exh. § 12), 2-15-11; Ord. No. 3980, § 1(Res. 8895, § 1, Exh. A, § 26), 12-6-11; Ord. No. 4048, § 1(Res. No. 9223, § 1(Exh. A, § 11), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 108), 5-6-14; Ord. No. 4288, § 1(Res. No. 10650, § 1, Exh. A), 11-14-16)