SECTION 31
GENERAL PROVISIONS

Subsections:

31.01    Intent

31.02    Special Height Regulations

31.03    Accessory Uses and Structures

31.04    Screening of Non-Principal Uses

31.05    Structures in Yard Areas

31.06    Exceptions to Yard Regulations

31.07    Porches and Patios

31.08    Yard Regulations for Cluster Residences

31.09    Temporary Buildings

31.10    Distance Between Buildings

31.11    Storage

31.12    Adjustments of Yard Regulation

31.13    Safety Considerations

31.14    Prohibition of Time-Share Projects

31.15    Lighting

31.16    Drainage

31.17    Group Homes for the Handicapped

31.18    Yard Sales

31.19    Environmental Concerns

31.20    Pathway Improvement Standards

31.21    Medical Marijuana

31.22    Solar Energy Collector Panels

31.01 Intent

The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the regulations appearing elsewhere in this code.

31.02 Special Height Regulations

a.    Purpose

The purpose of this code is to promote the safe installation, operation and visual and aesthetic compatibility within the community of projections, appurtenances, mechanical equipment, antennas and other similar structures which project skyward. Due to certain safety risks, such as lightning strikes or other natural phenomena, the placement and specifications of such structures are of importance to protect citizens of the community. Furthermore, the placement of such structures, particularly on residential property, has a significant impact on views from surrounding property and alters the open character of front, side, and rear yards. The following requirements establish reasonable standards for use and enjoyment of projections, appurtenances, mechanical equipment, antennas and other similar structures which project skyward and promotes their safe and aesthetic compatibility with surrounding property.

b.    General

Structures governed by this section shall meet all applicable codes, be of noncombustible and corrosive resistant material and shall be erected in a secure, wind resistant manner. Every such structure shall be adequately grounded for protection against a direct strike of lightning.

c.    Location and Screening

Except as provided in subsection d of this section, projections, appurtenances, mechanical equipment, antennas and other similar structures which project skyward are permitted in all districts subject to the following conditions:

1.    Such structures shall not be located on a vacant lot.

2.    Such structures shall be located and designed so as to not be visible from an adjoining street or from surrounding properties at the same or lower elevation as the subject property.

3.    In addition, such structures shall satisfy the following requirements:

A.    Ground-mounted structures shall:

I.    Be placed in the rear yard;

II.    Not project into the required wall setbacks;

III.    Not be greater than eight feet in height above the natural grade including any platform upon which such structure is mounted;

IV.    Be screened by walls, opaque fencing, dense landscaping or natural terrain; and

V.    Be camouflaged with paint to reasonably blend with their surroundings.

B.    Roof-mounted structures shall:

I.    Not expose a surface area, including supporting structures, of more than five square feet;

II.    Not exceed twenty-five feet in height above the natural grade or three feet in height above the highest point of the roof line, whichever is lower;

III.    Not be located nearer to the roof edge or eave than its projecting height;

IV.    Be placed on the rear half of the roof;

V.    Be screened by an integral part of the building and not a parapet or other screen added merely to comply with this section; and

VI.    Be camouflaged with paint to reasonably blend with their surroundings.

d.    Exceptions

1.    Section 31.02 shall not apply to wireless communications facilities or roof-mounted chimneys on a building which are an architectural component of the principal building.

2.    Upon showing of necessity, a landowner may obtain a use permit to erect a structure which does not satisfy all of the requirements of paragraph c. provided:

A.    Failure to satisfy the specific requirement does not pose an unreasonable safety risk to the landowner or the community;

B.    Any ground-mounted structure shall not exceed twelve feet in height above the natural grade;

C.    Any roof-mounted structure shall not exceed thirty-three feet in height above the natural grade or six feet in height above the highest point of the roof line, whichever is lower;

D.    Such structure shall not expose a surface area, including supporting structures, greater than twenty-five square feet; and

E.    The landowner satisfies such other reasonable conditions which may be imposed to assure compatibility with surrounding property including location, color, type, landscaping and screening requirements.

3.    A showing of necessity shall include that a specific requirement in paragraph C. renders the structure unusable or inoperable or imposes excessive costs in light of the purchase and installation costs of the structure.

4.    Approval and Appeal

Prior to installation, the zoning administrator shall review and approve every structure governed by this subsection for compliance. Appeals shall be made to the board of adjustment. (Ord. 97-44 § 1 (part))

31.03 Accessory Uses and Structures

a.    General

1.    Accessory Structures Permitted

Accessory structures are permitted only as provided in this section.

2.    Construction

No accessory structure shall be constructed upon a lot until the construction of the principal building has commenced.

3.    All activity (except required on-site parking, loading or unloading) including incidental or accessory storage and display area shall be within a completely enclosed building, unless specifically noted herein.

b.    Uses

1.    Storage accessory structures shall be used solely for storage uses.

2.    Habitable accessory buildings shall only be used (A) for a guesthouse to be used by family, owner’s domestic help or temporary guests of the owner or lessee of the principal building, (B) for noncommercial workshops or (C) for pool cabanas. Guesthouses shall have on-site parking, shall not be leased separately from the principal building, shall not have separate utility connections, and shall not have cooking facilities.

3.    Accessory structures other than habitable accessory structures shall not contain toilets.

c.    Location

Habitable accessory structures are permitted only in single-family residential districts. Other accessory structures are permitted in all districts, subject to requirements of this subsection and requirements applicable to the zoning district in which the accessory structure is located.

d.    Setbacks

1.    Except as otherwise provided in subsections (d)(2) through (8) of this section, accessory structures shall be located between the rear property line and the principal building and shall be set back at least five feet from the rear and side property lines and at least ten feet from the principal building.

2.    Screened accessory structures one hundred twenty square feet or less in size may have a zero setback.

3.    Accessory structures with a height greater than the height of an opaque perimeter fence but ten feet in height or less shall be set back from property lines at least five feet.

4.    Accessory structures more than ten feet in height shall be set back from property lines five feet plus one foot for every foot of height over ten feet (step back).

5.    For corner lots, accessory structures shall be set back the required side street setback distance.

6.    Storage accessory structures used as a garage and located on an alley shall be set back not less than four feet from the rear property line and are not subject to step back requirements in subsection (d)(4) of this section.

7.    Shade accessory structures other than tents may be located between the side setback line and the principal building and when located as such shall comply with the setback requirements for the principal building.

8.    Guesthouses may be located in the area between the side yard setback line and the principal building and between the front yard setback line and the principal building and when located as such shall comply with the setback requirements for the principal building.

9.    Rear setbacks on properties with side yard view fences shall be equal to or greater than the length of the view fence portion of the side yard wall.

e.    Height

Accessory structures shall not exceed the height of the principal building or fifteen feet in height, whichever is less.

f.    Lot Coverage; Size

No accessory structure or combination of structures shall occupy more than twenty-five percent of the area lying between the rear of the principal building and the rear property line or exceed five hundred square feet in area, whichever is less. No accessory structure shall cause the maximum lot coverage applicable to the lot to be exceeded.

g.    Architecture

Design of accessory structures shall be compatible with the principal building with respect to color, materials and form. Accessory structures except for screened accessory structures shall be subject to design review board approval.

h.    Building Permit

A building permit is required for all habitable accessory structures and all other accessory structures occupying one hundred twenty square feet or more. (Ord. 13-188 § 1; Ord. 11-163 § 1)

31.04 Screening of Non-Principal Uses

a.    Except as provided in Litchfield Park City Code Section 9-5-5(H) for temporary parking of recreational vehicles on residential lots, recreational vehicles, boats, trucks, buses, utility trailers, or other non-building or landscaping equipment shall be stored only in the side or rear yard and only in accordance with the following:

1.    Such items shall be completely screened from view of adjacent and nearby properties and the public rights-of-way and parks by a wall or fence not to exceed six feet in height or dense landscaping. Items that are more than six feet in height shall be set back a minimum of two feet for every foot of height from any side or rear property line.

2.    Nothing in this section shall prohibit suburbans, vans, sport utility vehicles, and pickup trucks, excluding attached trailers, from parking on residential lots in a front driveway.

b.    No new mechanical devices shall be installed, replaced or structurally altered except in compliance with this subsection. As used herein, the term “mechanical devices” shall include air conditioners, evaporative coolers and all similar devices and structures.

c.    New mechanical devices shall be ground-mounted and screened from view with materials the same as the wall of the building which the device serves or with shrubbery.

d.    Replacement mechanical devices shall be screened from view with similar materials and color as the wall or roof of the building which the device serves, or with vegetation if ground-mounted. (Ord. 07-132 § 1 (part); Ord. 05-105 § 1)

31.05 Structures in Yard Areas

Every part of a required yard space (residual from maximum lot coverage) shall be open to the sky.

31.06 Exceptions to Yard Regulations

Open lattice-enclosed fire-proof outside stairway, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the required rear yard not more than five feet are permitted.

31.07 Porches and Patios

An open unenclosed porch not more than one story in height or paved terrace may project into the required front yard. An enclosed vestibule containing not more than forty square feet may project into the required front yard.

Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the floor level of the ground (first) story may project in a required yard, provided these projections be distant at least five feet from the adjacent side lot line.

31.08 Yard Regulations for Cluster Residences

For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one building occupying one lot.

31.09 Temporary Buildings

Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion of the construction work, or upon the expiration of a period of one year from the time of erection of such temporary buildings, whichever is sooner.

31.10 Distance Between Buildings

In the event that a lot is to be occupied by a group of two or more related buildings to be used for institutional or hotel purposes, there may be more than one main building on the lot; provided, however, that open spaces between buildings shall have a minimum dimension of thirty feet.

Where an open space is more than fifty percent surrounded by a building the minimum width of the open space shall be at least forty feet.

31.11 Storage

Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district in which they are located, but such buildings shall not exceed the number of feet of building height permitted in such district. Note: This section does not apply to single family residential districts.

Exterior storage of recreational vehicles, trucks, buses, and other non-accessory items in excess of twenty three feet will not be permitted in single-family residential districts.

31.12 Adjustments of Yard Regulation

Front yards heretofore established shall be adjusted in the following cases:

a.    Where forty percent or more of the frontage on one side of the street between two intersecting streets is developed with buildings that have observed (with a variation of five feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yards so established by the existing buildings.

b.    Where forty percent or more of the frontage of one side of a street between two intersecting streets is developed with buildings that have observed a front yard as described above, then:

1.    Where a building is to be erected on a parcel of land that is within one hundred feet of existing buildings on both sides, the minimum front yard shall be line drawn between the two closest front corners of the adjacent buildings on the two sides; or

2.    Where a building is to be erected on a parcel of land that is within one hundred feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

31.13 Safety Considerations

As an aid to freer safe movement of vehicles at and near street intersections with other streets, cart paths and pedestrian ways and in order to promote more adequate protection for the safety of children, pedestrians, and operators of vehicles, there shall be limitations on the height of fences, walls, gateways, ornamental structures, hedges, shrubbery and other fixtures, construction and planting on corner lots in all districts where front yards are required.

Such barriers to clear, unobstructed vision at corners of intersecting streets shall be limited to a height of not over three feet above the established elevations, for a distance of fifty feet along both the front and side lot lines and as appropriate at other intersections.

31.14 Prohibition of Time-Share Projects

Time-share projects are not allowed in single-family residential districts.

31.15 Lighting

Any lighting shall be in accordance with the city code and is intended to conserve energy to reduce unnecessary aura in the night sky and to encourage new lighting technology which is useful in reducing light above the horizontal. All outdoor light fixtures, permanent or portable, shall be fully shielded so as to project their emitted rays below a horizontal plane running through the lowest part of the fixture where light is emitted.

a.    Exemptions: The following illuminating devices are exempt from full shielding requirements; incandescent fixtures of 75 watts or less located no higher than seven feet above finished grade; interior-illuminated signs, fossil fuel fixtures.

b.    Prohibitions: The following fixtures or uses are prohibited: searchlights; outdoor lighting for recreational facilities between 10:00 p.m. and sunrise; mercury vapor fixtures.

31.16 Drainage

Provisions for on-site stormwater retention and drainage, off-site storm water drainage both entering and leaving the property and any other surface water not disposable through the sanitary waste disposal system shall be made so as to limit on-site water storage to a period not to exceed forty-eight hours, and to meet or exceed such other applicable standards as may be required by the Maricopa County Flood Control District.

31.17 Group Homes for the Handicapped

a.    Group homes for the handicapped are permitted in all zones indicated in the Zoning Matrix (Section 28 of this code), so long as such homes are in compliance with the following conditions:

1.    A maximum of eight residents per home, not including staff;

2.    No sign, graphics, display or other visual means of identifying the group home shall be visible from a public sidewalk or street;

3.    Compliance with all city codes, ordinances, and regulations, including fire and building code regulations, except as may be exempted by the Federal or State Fair Housing Act;

4.    A separation of such homes of a minimum distance of one thousand two hundred feet, which is presumed to be a reasonable accommodation; provided, however, such presumption may be rebutted by substantial evidence of the following:

A.    If traffic generated by the existing and proposed group homes would be using the same residential streets, the cumulative effect of such traffic on the public safety and residential character of the neighborhood, may justify a greater separation. Likewise, a lesser separation may be appropriate if traffic generated by the proposed group home normally would not be using the same residential streets as the existing group home.

B.    If the existing and proposed group homes are separated by a significant intervening physical feature, such as an arterial street, park, golf course, church, school or other similar buffering feature or development, a lesser separation may be appropriate.

5.    Current license, certifications or registration required for the group home by a state or federal agency.

6.    Compliance with garbage and trash collection regulations (City Code of the City of Litchfield Park, Chapter 9). The city may require the group home to dispose of its own wastes or schedule more frequent trash removal, as needed.

7.    The appearance of the exterior of the group home shall be consistent with the residential character of the neighborhood.

8.    No group home shall house any person whose tenancy would constitute a direct threat to others or would result in substantial physical damage.

9.    An application with the city of Litchfield Park shall be filed for any proposed group home use and for any requested individualized exception from compliance with group home conditions.

b.    Written Decision of Zoning Administrator

1.    An applicant for a group home shall submit an application for such use on a form provided by the zoning administrator. Such application shall include sufficient information to make an individualized determination of the applicant’s needs and to address the city’s safety and welfare concerns and to assure compliance with this section.

2.    An application shall be considered by the zoning administrator at a public hearing scheduled within thirty days from the date of application, or any longer period of time deemed necessary and reasonable or as may be expressly agreed to by applicant. Notice of the proposed use and public hearing shall be mailed to the applicant and the following persons:

A.    All owners of land lying within three hundred feet of the boundaries of the land included in the application. For purposes of the calculation of this notice area public rights-of-way shall be excluded in determining the extent of the notice area;

B.    Any person or organization who files with the zoning administrator a request to receive such notice upon payment of a reasonable fee;

C.    Adjacent political subdivisions where the property which is the subject of the application is within five hundred feet of the city boundary; and

D.    Such other persons as the zoning administrator determines are likely to be affected by the proposed use.

Failure of any of the above persons (except the applicant) to receive notice shall not affect any rights of applicant.

3.    The notice shall contain:

A.    A description of the proposed use and its location; and

B.    The place and time of the public hearing at which comments on the proposed use may be filed.

4.    The zoning administrator shall review each application, and issue a written decision approving or denying the use in accordance with this section within ten days from the date of the public hearing. The written decision shall include all of the following:

A.    Whether the proposed group home meets applicable requirements and may be located at the proposed location;

B.    Any individualized condition required of the group home;

C.    Any individualized exception from compliance with a condition, granted to the group home, or the denial thereof;

D.    Any condition which is required to avoid an undue financial or administrative hardship on the city;

E.    The factual bases and reasons for requiring an individualized condition or granting/denying an individualized exception to make a reasonable accommodation of the handicapped in residential areas, including a discussion of: nature of the handicapped persons’ abilities and/or needs; preservation of the residential character of the surrounding neighborhood; city’s health, safety and welfare concerns; and the city’s financial or administrative concerns; and

F.    Procedures for appeal of the decision.

5.    Written notice of the zoning administrator’s decision shall be provided by the zoning administrator to:

A.    The applicant;

B.    Any person notified of the application.

6.    A written decision approving the group home use may be revoked or suspended at any time upon failure to comply with the conditions of Section 31.17(a) or failure to comply with individualized conditions or exceptions provided for in the written decision. The zoning administrator shall act as follows:

A.    Notice of the time, date and place of a hearing, including a general explanation of the matter to be considered, shall be sent by registered mail to the operator of the group home and posted on the affected property at least fifteen days before the hearing. The notice shall state that anyone wanting to protest may appear in person or by writing.

B.    At the hearing, the zoning administrator shall review items of concern. The operator of the group home and any residents thereof shall have the opportunity to present evidence of compliance, or reasons for noncompliance and efforts to cure the same.

C.    Within ten days following the hearing, the zoning administrator shall issue a written decision based on substantial evidence to revoke or suspend the approval of a group home use for noncompliance, allow continued operation of the group home upon finding substantial compliance, or in his discretion allow continued operation of the group home pending the filing of a new application for approval and public hearings under Section 31.17(b) and (d). Upon revocation of approval, operations of the group home shall cease within a time reasonably necessary to provide for relocation of residents.

c.    Appeal to Board of Adjustment

1.    Any aggrieved person may appeal the Zoning Administrator’s written decision within ten days from the date of the written decision. An appeal shall stay all proceedings, pursuant to Section 3.02(h) of this code. An appeal shall be filed with the city clerk and be accompanied by the following items and such other evidence prescribed by the board:

A.    Any alleged error in an order, requirement or decision made by the zoning administrator in the enforcement of the zoning ordinance; and

B.    The requested relief; and

C.    Any other materials appellant wishes to have considered.

2.    Upon receipt of such an appeal by the city clerk, the zoning administrator shall immediately notify the board of adjustment and forward all records pertaining to the decision appealed to the board of adjustment.

3.    The board of adjustment will follow the public hearing and notice requirements and general procedures for appeals as provided for pursuant to Section 3.02(g) of this code.

4.    At the public hearing the board of adjustment shall review the appeal, all records pertaining to the zoning administrator’s decision, and any other public comments or materials submitted.

5.    The board of adjustment shall issue a written decision within ten days following the public hearing. The board of adjustment may reverse or affirm wholly or partly, or modify the order, requirement or decision of the zoning administrator appealed from, and make such order, requirement, decision or determination as necessary.

6.    A decision of the board of adjustment may be reconsidered or further reviewed in a court of law pursuant to Section 3.02(j) of this code and under Arizona law.

d.    Upon request by the applicant, a group home may be allowed an individualized exception from compliance with any of the conditions of this subsection or any other applicable code provision, but only if the city determines that such exception is required by the Federal and State Fair Housing Acts or other applicable law and is reasonable and does not cause undue financial or administrative hardship for the city.

e.    The permittee shall provide to the zoning administrator written notice of any changes in the name, address and telephone numbers of both the operators and owners of the group home; type of group home and state licensing agency; total number of residents; number of nonambulatory residents; or suspension or revocation of the permittee’s state license. Such information shall be provided within fifteen days of such change.

f.    Notwithstanding the foregoing, a group home for the developmentally disabled with a maximum of six residents, not including staff, is allowed in a residential area as mandated by Arizona Revised Statutes Section 36-582.

g.    In the event federal or state laws are amended so as not to require this use in a residential zoning district, any use established pursuant to this section shall cease. (Ord. 97-42 § 1 (part))

31.18 Yard Sales

The owner or occupant of a lot in a residential district may conduct no more than two yard sales in any calendar year. A sign permit for the yard sale is required pursuant to Section 35, Signs, Section 35.08, Temporary Signs. A yard sale shall not exceed three consecutive days. This section shall not apply to yard sales sponsored by the city. (Ord. 16-207 § 1; Ord. 00-61 § 1 (part))

31.19 Environmental Concerns

In accordance with general plan policies, proposals submitted for approval by the city council, planning and zoning commission, design review board or board of adjustment shall indicate measures or techniques to be included in construction of improvements which will aid in the conservation of water, energy and clean air. Such environmental preservation methods may include, but are not limited to the following: xeriscape, drought-resistant plant materials and turf limitations in landscape plans; integration of circulating heat pumps, solar receptors and low water use fixtures in structures; battery chargers or alternative fuel stations in parking lots; and such other devices as may from time-to-time be proposed by developers and/or recorded on an “environmental concerns” checklist maintained by the city. New uses shall be evaluated with the intent to reduce negative impacts on current or future natural resources in the community. (Ord. 04-91 § 1 (part))

31.20 Pathway Improvement Standards

Pathways shall be constructed of the approved colored concrete or other paved surface ten feet in width, unless otherwise modified by the city. Unless dedication is accepted by the city, the property owner(s) shall maintain the pathway surface and keep it free of obstruction from vegetation or other impediment, including a minimum vertical clearance of eight feet above the pathway surface. Planned pathway improvements shall include signage and lighting plans approved by the city. (Ord. 04-91 § 1 (part))

31.21 Medical Marijuana

a.    General

1.    The requirements of this section shall apply to all medical marijuana dispensaries, medical marijuana dispensary cultivation locations, medical marijuana designated caregiver cultivation locations and medical marijuana qualifying patient cultivation locations in the city.

2.    Medical marijuana dispensaries, medical marijuana dispensary cultivation locations, medical marijuana designated caregiver cultivation locations and medical marijuana qualifying patient cultivation locations shall be operated in accordance with state, county and city laws, codes, ordinances, rules and regulations.

b.    Medical Marijuana Dispensaries

1.    Applications for medical marijuana dispensaries shall be submitted to the planning department and shall include:

A.    If the application is by someone other than the owner of the property, an authorization signed by the property owner and an explicit acknowledgement that the property owner knows that the proposed use of the property is for a medical marijuana dispensary.

B.    The address and legal name of the medical marijuana dispensary.

C.    The name, address and contact information of all persons who are authorized as owners, agents, volunteers and employees of the medical marijuana dispensary, including emergency contact information for one or more registered dispensary agents responsible for the operation of said dispensary.

D.    The name(s) and location(s) of any medical marijuana dispensary cultivation locations associated with the medical marijuana dispensary.

E.    A copy of the operating procedures for the medical marijuana dispensary adopted in compliance with A.R.S. § 36-2804(B)(1)(c).

F.    A floor plan showing the layout and dimensions of the medical marijuana dispensary to demonstrate compliance with the requirements set forth in this section and show the security measures proposed to comply with A.R.S. § 36-2806, the standards contained in this section and any additional requirements as may be necessary to protect against medical marijuana diversion and theft.

2.    Medical marijuana dispensaries shall:

A.    Be located in a permanent building and shall not be located in a trailer, cargo container, mobile or modular building, mobile home, recreational vehicle or other motor vehicle.

B.    Have a maximum gross floor area not exceeding two thousand five hundred square feet.

C.    Have a secure storage area not exceeding five hundred square feet of the total of the two thousand five hundred square feet maximum gross floor area of the medical marijuana dispensary.

D.    Have an interior customer waiting area equal to twenty-five percent of the gross floor area.

E.    Be open for business only between eight a.m. and seven p.m.

F.    Not have a drive-through service.

G.    Not offer a service that provides off-site delivery of the medical marijuana.

H.    Not provide outdoor seating areas.

I.    Not sell merchandise other than medical marijuana.

J.    Prohibit consumption of medical marijuana on the premises.

K.    Provide unrestricted access to city code enforcement officers or law enforcement officers who request admission for the purpose of determining compliance with these standards.

L.    Have on site a secure storage area which has a single point of access and whose walls and roof are constructed of materials (eight-inch concrete block or equivalent) sufficient to deter and prevent theft of marijuana being processed.

M.    Assure that all medical marijuana shall be placed within the secure storage area at any time when the dispensary is not open for business.

N.    Provide for the proper disposal of marijuana remnants or by-products, and such material shall not be placed within the dispensary’s exterior refuse containers.

O.    Ensure that there is no emission of dust, fumes, vapors, or odors into the environment from the dispensary.

P.    Have only one secure entrance to the dispensary and any other doors required for exiting shall be locked to the outside and have an alarm that sounds when opened from the inside.

Q.    Shall have an alarm system with a redundant power supply and circuitry to prevent deactivation.

R.    Shall post and maintain “no loitering” sign(s) in sufficient quantity, size and location so that they are clearly visible by anyone in the immediate vicinity of the entrance or premises.

S.    Shall have adequate exterior security lighting.

T.    Limit entry to only those persons who either possess a valid registration card or need access to perform their duties in enforcing local, state or federal laws or regulations. No one under eighteen years of age shall be permitted inside the dispensary, unless such person is a registered qualifying patient and is accompanied by a parent or legal guardian.

U.    Develop and maintain a security plan which demonstrates compliance with requirements set forth in this section and any additional requirements as may be necessary to protect against medical marijuana diversion and theft.

V.    Obtain, maintain and display a valid city of Litchfield Park business registration or license as may be required by the city code.

W.    If medical marijuana is supplied to the dispensary by a qualifying patient or designated caregiver, provide the name and contact information of the qualifying patient or designated caregiver.

X.    Within ten days of any change, provide and update the names and contact information for all persons who are authorized as owners, agents, volunteers and employees, to access the dispensary.

3.    Medical marijuana dispensaries shall be a minimum distance from the uses set forth in the table below. Measurements shall be made in a straight line in any direction from the closest perimeter business walls.

Use or Use Classification

Separation Requirement (Feet)

Another medical marijuana dispensary

1,325

Day care center, public or private

1,325

Schools, public or private

1,325

Public park, library or public community center

1,325

Place of worship

1,325

Licensed substance abuse diagnostic or treatment facility or other licensed drug or alcohol rehabilitation facility

1,325

Sexually oriented business

1,325

Residential district boundary

500

c.    Medical Marijuana Dispensary Cultivation Locations and Designated Caregiver Cultivation Locations

1.    Unless included in the application for the associated medical marijuana dispensary at the same location, the application for a medical marijuana dispensary cultivation location and all designated caregiver cultivation location applications shall be submitted to the planning department and shall include:

A.    If the application is by someone other than the owner of the property, an authorization signed by the property owner and an explicit acknowledgement that the property owner knows that the proposed use of the property is for a medical marijuana dispensary cultivation location or a designated caregiver cultivation location.

B.    The address and legal name of the medical marijuana dispensary or designated caregiver cultivation location.

C.    The name(s) and location(s) of any medical marijuana dispensary associated with the medical marijuana dispensary cultivation location.

D.    If a medical marijuana designated caregiver cultivation location, evidence that there is no medical marijuana dispensary within twenty-five miles of the caregiver’s qualifying patient.

E.    The name, address and contact information of all persons who are authorized as owners, agents, volunteers and employees of any medical marijuana dispensary associated with the medical marijuana dispensary cultivation location, including emergency contact information for one or more registered dispensary agents responsible for the operation of said cultivation location.

F.    A copy of the operating procedures for the medical marijuana dispensary cultivation location adopted in compliance with A.R.S. § 36-2804(B)(1)(c).

G.    A floor plan showing the layout and dimensions of the medical marijuana dispensary or designated caregiver cultivation location to demonstrate compliance with the development standards contained herein and show the security measures proposed to comply with A.R.S. § 36-2806 and the standards contained herein.

2.    Medical marijuana dispensary and designated caregiver cultivation locations shall:

A.    Be located in a permanent building and shall not be located in a trailer, cargo container, mobile or modular building, mobile home, recreational vehicle or other motor vehicle.

B.    Have a gross floor area not exceeding five thousand square feet.

C.    Have a secure storage area not exceeding one thousand square feet of the five thousand square feet maximum gross floor area of the medical marijuana dispensary or designated caregiver cultivation location.

D.    Provide unrestricted access to city code enforcement officers or law enforcement officers who request admission for the purpose of determining compliance with these standards.

E.    Have a secure storage area which has a single point of access and whose walls and roof are constructed of materials (eight-inch concrete block or equal) sufficient to deter and prevent theft of marijuana being processed.

F.    If a medical marijuana dispensary cultivation location, assure that all marijuana being processed shall be placed within the secure storage area at all times when the cultivation location is not open for business.

G.    Provide for the proper disposal of marijuana remnants or by-products, and such material shall not be placed within the dispensary’s or designated caregiver’s exterior refuse containers.

H.    Ensure that there is no emission of dust, fumes, vapors, or odors into the environment from the cultivation location.

I.    Not allow on-site consumption of medical marijuana.

J.    Have only one secure entrance to the dispensary or the designated caregiver cultivation location and any other doors required for exiting shall be locked to the outside and have an alarm that sounds when opened from the inside.

K.    Have an alarm system with a redundant power supply and circuitry to prevent deactivation.

L.    Have adequate exterior security lighting.

M.    Limit entry to only the principal officers, board members and designated agents of the medical marijuana dispensary or designated caregiver associated with the medical marijuana dispensary or designated caregiver cultivation location or persons who need access to perform their duties in enforcing local, state or federal laws or regulations.

N.    Develop and maintain a security plan which demonstrates compliance with all of the minimum standards specified in this section.

O.    Within ten days of any change, provide and update the names and contact information for all persons who are authorized as owners, agents, volunteers and employees, to access the medical marijuana dispensary or designated caregiver cultivation location.

3.    Medical marijuana dispensary and designated caregiver cultivation locations shall be a minimum distance from the uses set forth in the table below. Measurements shall be made in a straight line in any direction from the closest perimeter business walls.

Use or Use Classification

Separation Requirement (Feet)

Another medical marijuana dispensary or designated caregiver cultivation location or a medical marijuana dispensary if the cultivation location is not on a medical marijuana dispensary premises

1,325

Day care center, public or private

1,325

Schools, public or private

1,325

Public park, library or public community center

1,325

Place of worship

1,325

Licensed substance abuse diagnostic or treatment facility or other licensed drug or alcohol rehabilitation facility

1,325

Sexually oriented business

1,325

Residential district boundary

500

d.    Medical Marijuana Qualifying Patient Cultivation Locations

1.    Medical marijuana qualifying patient cultivation is permitted in all residential zoning districts as an accessory use provided the primary residence of the registered qualifying patient for whom the medical marijuana is being cultivated, is more than twenty-five miles from an operating medical marijuana dispensary and is done in conformance with the development standards contained in this section.

2.    All medical marijuana qualifying patient cultivation shall be conducted in conformance with the provisions of A.R.S. § 36-2801 et seq. and any rules adopted by the Arizona Department of Health Services pursuant to said statutes.

3.    Medical marijuana qualifying patient cultivation shall be conducted at the primary residence of a registered qualifying patient only if that residence is more than twenty-five miles from an operating medical marijuana dispensary and shall:

A.    Be an accessory use to the primary residence of the registered qualifying patient and in conformance with the requirements set forth in this subsection d.

B.    Shall be conducted in an enclosed, locked facility such as a closet, room, greenhouse or other building that does not exceed fifty square feet.

C.    Shall be conducted in such a manner that it is not detectable from the exterior of the building in which the cultivation takes place. (Ord. 11-166 § 1 (part))

31.22 Solar Energy Collector Panels1

a.    Design review board approval is required prior to the installation of solar energy collector panels. The design review board is authorized to approve deviations from the design and installation standards set forth in this subsection if it determines that strict compliance with the standards is impractical or may approve an alternative proposal if the requirements listed under subsection b of this section cannot be met without significant loss of efficiency.

b.    The design and installation of solar energy collector panels shall be in compliance with the following standards:

1.    Reflective glare of solar energy collector panels on neighboring properties shall be minimized by the positioning of the solar energy collector panels or by the use of non-glare glazing.

2.    Piping, wiring and other mechanical accessories otherwise visible to the public shall be fully concealed within the roof or by a roof mounted solar energy collector panel, unless this would conflict with manufacturer’s specifications. In the event of such conflict, the piping, wiring and other mechanical accessories shall be concealed to the extent practicable.

3.    Pitched roof solar energy collector panels shall be subject to the following requirements:

A.    Shall be in a flat configuration, be parallel to the roof plane and appear to be an integral part of the building.

B.    Should be configured in a regular quadrangular shape, and aligned with the existing roof edges.

C.    Shall be positioned within the field of the roof plane with a proportional margin of roof between the panel and the roof edges.

D.    The surface of a solar energy collector panel shall be not more than ten inches above the surface of the pitched roof.

4.    Flat roof solar energy collector panels shall be positioned within the field of the roof plane as far from the roof edge as possible and, if ten inches above roof surface, whether rack mounted or flat mounted, shall be subject to the following requirements:

A.    Shall be screened from public view.

B.    The height of such screening, at minimum, shall be the height of the solar energy collector panel.

C.    The screening may be by a parapet or by a screening wall replicating the materials of the building.

5.    Ground-mounted solar energy collector panels shall be subject to the following requirements:

A.    Shall be located in a rear yard.

B.    Shall be fully screened from public view by a surrounding yard wall. (Ord. 11-167 § 1 (part))


1

Ordinance 11-167 added this section as Section 31.21. It has been editorially renumbered to avoid duplication.