Chapter 18.100 SUPPLEMENTAL REGULATIONS

It is the intent of this chapter to set forth supplementary and qualifying conditions which must be complied with, in connection with uses permitted within a zoning district or districts. (Ord. 06-10, 2006; prior code § 17-20-1)

18.100.020 Sight distance at intersections.

On corner lots in any district, nothing shall be erected, placed, planted, or allowed to remain, which materially impedes vision between a height of three feet and 10 feet above the centerline grades of the intersection streets in the area bounded by the street line of such corner lot and a line joining points along said street lines 25 feet from the point of intersection. (Ord. 06-10, 2006; prior code § 17-20-2)

18.100.030 Swimming pools.

Swimming pools shall be permitted in all zoning districts; however, no swimming pool shall be located in any minimum required front or side yard, nor shall any such pool be closer than five feet to any lot line.

Every swimming pool shall be enclosed by a fence or wall not less than five feet in height which is so constructed, gated and locked as to discourage unauthorized entry to such pool. (Ord. 06-10, 2006; prior code § 17-20-3)

18.100.040 Exceptions to height limitations.

Height regulations established elsewhere in these zoning regulations shall not apply to the following in any districts:

A. Chimneys, conveyors, cupolas, derricks, domes, flagpoles, observation towers, parapet walls extending not more than four feet above the height limit of the building, radio, television, or other communication towers, windmills, power transmission poles, church spires, monuments, belfries, bulkheads, water tanks, fire and hose towers, cooling towers, gas holders, grain elevators, or other structures not for human occupancy; provided, that such structures above the height limit specified for the zoning district shall not in the aggregate occupy more than 25 percent of the lot area and shall be distant not less than 25 feet from every lot line. (Ord. 06-10, 2006; prior code § 17-20-4)

18.100.050 Elevated storage facilities.

Any elevated storage facility, water tower, or other structure where a large weight would be supported by legs, structural wall or other supports shall be so located that if it should collapse, its reclining length would still be contained on the property on which it was erected. (Ord. 06-10, 2006; prior code § 17-20-5)

18.100.060 Flammable storage.

The following minimum regulations apply to the dispensing and bulk storage of all flammable products in all zoning districts:

A. Retail storage tanks shall comply with State Fire Marshal regulations and the most recently adopted Uniform Fire Code. (Ord. 06-10, 2006; prior code § 17-20-6)

18.100.070 Gasoline station pumps.

In any district no gasoline pump island shall be located closer than 14 feet to any right-of-way or property line or closer than 50 feet to any residential district. (Ord. 06-10, 2006; prior code § 17-20-7)

18.100.080 Future street lines.

Where future street lines have been officially established by the town council, all required setbacks shall be measured from such projected street lines. (Ord. 06-10, 2006; prior code § 17-20-8)

18.100.090 Projections into yards.

In all residential districts the following regulations of projections into required yards shall apply:

A. Awnings, open fire balconies, fire escape stairs, window-type refrigeration units, suspended or roof evaporative coolers and forced air furnaces may project not more than five feet over any required yard; provided, that they are no closer than two feet to any lot line.

B. Except as provided elsewhere, no compressor unit, condensing unit, cooling tower, evaporative condenser or similar device shall be located closer to any interior lot line than the minimum setback required for the main building.

C. Cornices and eaves may project not more than three feet over any required yard; provided, that they are no closer than two feet to any lot line.

D. Sills, leaders, belt courses and similar ornamental features, may project not more than one foot over or into any required yard; a chimney or pilaster may project not more than two feet into any required yard; provided, that it is not more than eight feet in dimension paralleling the nearest lot line.

E. Unroofed terraces, patios, steps or similar features not over three feet in height above grade may project into any required yard. (Ord. 06-10, 2006; prior code § 17-20-9)

18.100.100 Fences, walls, and hedges.

In all residential districts, the following regulations of fences, walls and hedges shall apply:

A. Height, Front. No fence, wall, or hedge exceeding four feet in height above grade shall be erected, placed, planted or allowed to remain in or along the front or side lot line to the front line of the residence of any required front yard.

B. Prohibited Materials. No property line fence shall contain barbed wire, electrical current or charge of electricity, broken glass or similar hazardous materials or devices; provided, however, that fences in B/C districts which enclose storage areas may have barbed wire connected therewith so long as said barbed wire is located more than six feet in height above grade.

C. Height, Rear. All fences and walls, with the exception of retaining walls and the provisions of subsection A of this section, will be limited to a maximum height of eight feet (except front yards) in residential districts and will be neatly constructed so as not to present an eyesore and must use the following materials: block, brick, wood, chain link, ornamental iron, wire strand or welded wire.

D. Masonry or Block/Stone Walls. To construct a masonry or block/stone wall:

1. Requires a building permit.

2. Footers are required and shall be inspected by the building department prior to construction. (Ord. 06-10, 2006; prior code § 17-20-10)

18.100.110 Yard space for one building only.

No required yard or other open space around an existing building which is needed to comply with the provisions of these zoning regulations shall be considered as providing a yard or open space for another building which is to be erected or established. (Ord. 06-10, 2006; prior code § 17-20-11)

18.100.120 Sale or lease of required space prohibited.

No space needed to meet the width, yard area, coverage, parking, frontage on a public street or other requirement of these zoning regulations for a lot or building may be sold, bequeathed or leased apart from such lot or building unless space so complying is provided; nor shall any land be sold which will result in an existing or future lot for dwelling purposes that does not comply with all the provisions of these zoning regulations. (Ord. 06-10, 2006; prior code § 17-20-12)

18.100.130 Accessory building prohibited as living quarters.

Living and sleeping quarters shall not be permitted in any accessory building in any residential district except as specifically permitted herein. (Ord. 06-10, 2006; prior code § 17-20-13)

18.100.140 Storage of junk prohibited in residential districts.

No yard or other open space surrounding an existing building in any residential district, or which is hereinafter provided around any building in any residential district, shall be used for the storage of junk, debris, or inoperable vehicles and no land shall be used for such purposes, except as specifically permitted herein. (Ord. 06-10, 2006; prior code § 17-20-14)

18.100.150 Storage of trucks prohibited in residential districts.

The storage of more than one truck having a rated capacity of more than one and one-half tons and the storage of construction equipment such as bulldozers, graders, dump trucks and others shall not be permitted on any lot in residential districts; except, however, such construction equipment may be stored on a lot during construction of building thereon, but not to exceed one year. (Ord. 06-10, 2006; prior code § 17-20-15)

18.100.160 Additional setbacks in residential districts.

Side setbacks for nonresidential buildings in residential districts shall not be less than the sum of the length of the building wall measured along the side yard and the average height, divided by 10; except that no building shall be set back less than the minimum distance required in the district. (Ord. 06-10, 2006; prior code § 17-20-16)

18.100.170 Mutual garages across lot lines.

An accessory building such as a detached carport or garage may be constructed across a common lot line by written agreement between the two adjoining property owners when such agreement is recorded in the office of the county recorder. (Ord. 06-10, 2006; prior code § 17-20-17)

18.100.180 Mutual dwellings across lot lines.

In districts in which two-household dwellings are permitted, a two-household dwelling may be constructed across a common lot line when separated on the line by a dividing wall, provided a written agreement between the two adjoining property owners is recorded in the office of the county recorder. (Ord. 06-10, 2006; prior code § 17-20-18)

18.100.190 Roof drainage.

Surface water from rooftops shall not be allowed to drain directly onto adjacent lots except after written agreement between the two adjoining property owners is recorded in the office of the county recorder. (Ord. 06-10, 2006; prior code § 17-20-19)

18.100.200 Temporary uses and structures.

The following regulations shall govern the operation of certain transitory or seasonal uses:

A. Permits. Application for a temporary building or use permit shall be made to the building official and shall contain the following information:

1. A description of the property to be used, rented or leased for the temporary use, including all information necessary to accurately portray the property.

2. A description of the proposed use.

3. Sufficient information to determine the yard requirements, sanitary facilities, and availability of parking space to service the proposed use.

B. Uses. The following are temporary uses and are subject to the following specific regulations and time limits, in addition to the requirements of any district in which the use is located:

1. Carnival, Circus or Music Festival. When authorized by the town council, a temporary use permit for a carnival, circus or music festival may be issued in any district, for a period not longer than 10 days.

2. Christmas Tree Sales. A temporary use permit, when authorized by the town council, may be issued for the display and open-lot sales of Christmas trees for a period not longer than 45 days.

3. Contractor’s Office. In any district, a temporary use permit may be issued for a contractor’s temporary office and equipment sheds incidental to a construction project. The permit shall be valid for not more than one year but shall be renewable for one year. The office and/or shed shall be removed upon completion of the construction project.

4. Real Estate Sales Office. In any district, a temporary use permit may be issued for a temporary real estate sales office in any new subdivision which has been approved in accordance with the town of Huachuca City subdivision regulations. The permit for such office shall be valid for not more than one year, but is renewable for up to three years. The office shall be removed upon completion of the development. A model home may be used as a temporary sales office. (Ord. 06-10, 2006; prior code § 17-20-20)

18.100.210 Home occupations.

A home occupation may be permitted upon application to the town clerk in any residential district, subject to the following conditions:

A. The home occupation requires a business license from the town clerk and is subject to review by the building official. If the applicant is not the owner of the premises, written owner permission for the home occupation must accompany the business license application.

B. Offices of members of recognized professional persons may be permitted; provided, that no more than one person, not a member of the household, may be employed in connection with such operation in such office. One small professional or announcement sign not over one square foot in area shall be allowed affixed to the main wall of the main residence dwelling.

C. Prohibited Home Occupation Uses.

1. The operation of a weapons merchant is strictly prohibited as a home based business. This includes the sale, mail order, trade, manufacture, display, storage, or repair of any sort of weapon, ammunition, explosive device and/or material including all weapons prohibited under ARS Section 13-3101.

2. Barber and beauty shops, nail salons, commercial stables, cosmetologists, pet grooming or boarding, embalmers and morticians, human and animal medical/dental services, massage therapists, restaurants, storage, and all auto-related service and repair. (Ord. 19-01 § 2, 2019; Ord. 06-10, 2006; prior code § 17-20-21)

18.100.220 Service stations.

No building or use permit shall be approved for an automobile service station unless accompanied by the following:

A. A site plan showing the building area, service area and sales area;

B. Rendering of buildings, the construction of which shall be in reasonable conformity thereto. All structures shall be of a design character that is appropriate to the area in which they are to be constructed. All canopies shall be connected to the roof of the main structure unless otherwise approved;

C. A detailed landscape plan showing plant type, size and spacing;

D. A solid wall or fence at least six feet in height shall be required between all automobile service station sites and adjoining residential districts;

E. All signs and outdoor lighting shall be placed in such a manner so as not to interfere or confuse traffic or present any hazard to traffic. (Ord. 06-10, 2006; prior code § 17-20-22)

18.100.230 Recreational vehicles.

A. No recreational vehicles shall be used for any permanent dwelling purposes unless placed within a recreational vehicle park; permanent dwelling purposes shall be a period of time that exceeds 72 hours.

B. Parking or storing unoccupied recreational vehicles shall be allowed in any zoning district, upon private property with the owner’s consent.

C. No parking of recreational vehicles shall be allowed in town parks overnight or between the hours of 10:00 p.m. and 5:00 a.m. without a special events permit approved by the town council.

D. Parking of an occupied recreational vehicle may be permitted in any zoning district provided that:

1. The recreational vehicle is fully self-contained or the occupants have full access to approved sanitary facilities.

2. The term of stay is limited to 72 hours for outdoor sales and special events. The term of stay is limited to 30 days for private guests classified as nonbusiness uses.

3. The vehicle is parked upon the property of a consenting landowner and does not interfere with the adjoining landowner’s use or enjoyment of their property.

4. The landowner does not charge or receive any monetary remuneration. (Ord. 06-10, 2006; prior code § 17-20-23)

18.100.240 Education and recreational buildings and uses.

Schools, colleges, churches, public libraries, public museums, public art galleries, municipal recreational buildings, playgrounds, parks, and fraternal uses, as well as public utilities to service the district as necessary within the limits of town of Huachuca City, are subject to zoning commission approval.

No gasoline filling stations, automobile repair shop, public garages, or parking lots shall have an entrance or exit for vehicles within 30 feet of a residential zone, nor shall any part of gasoline filling station, public garage or automobile repair shop be within 50 feet of the grounds of any school, public playground, church, hospital, sanitarium, public library or in situations for dependents or children. (Ord. 06-10, 2006; prior code § 17-20-24)

18.100.250 Residential districts – Yards, height, and accessory structure restrictions.

A. In the case of corner lots, the administrative official shall determine the front yard; however, the side yard must still meet the corner lot setback requirement as shown in Table One.

1. At least one front yard shall be provided having the full depth required in the district.

2. No other front yard on such lot shall have less than half the full depth required for that district.

B. Detached accessory buildings located on the rear 20 feet of the lot may be erected within zero feet of the property line or alley easement; also provided further, that if the accessory building has a door or doors that opens onto the alley the accessory building shall be recessed a minimum distance of four feet.

When a carport is attached to the principal building or in front of the house it may be erected within five feet of the property line. But the carport so placed must be retained as an open shelter.

C. In all classes of residential districts, there shall be a rear yard of not less than 20 feet in depth measured from the principal building.

D. Maximum building height in all residential districts:

1. Residential buildings: two stories or 30 feet, whichever is greater.

2. Accessory buildings: 15 feet above grade.

E. It is the intent of these regulations that all yard setbacks be measured from the property line or the alley/utility easement. (Ord. 06-10, 2006; prior code § 17-20-25)

18.100.260 Keeping of livestock and pets.

Horses, burros, donkeys and mules are permitted within the town of Huachuca City, subject to the following provisions:

A. The parcel of land on which they are kept is a minimum of four acres.

B. There shall be a minimum of one acre per one animal maintained, exclusive of minimum dwelling site requirements.

C. No animal shall be stabled any less than 50 feet from any residence on the property or 100 feet from dwellings on other properties.

D. Provided further, that all town, county and state sanitary and health regulations shall be complied with and met.

E. No cattle, sheep, hogs, rabbits, poultry, or other livestock shall be kept or maintained on any property within the town except in current on parcels of four acres or more.

F. This section shall not be construed, however, as prohibiting the keeping of ordinary domestic pet animals upon property within said town.

G. No exotic or unusual types of pet animals or reptiles shall be allowed within the town of Huachuca City without approval of the board of adjustment.

H. FFA and 4-H projects may be allowed by the board of adjustments by appeal if they are determined not to be detrimental to the area.

Nothing in this section on livestock will be construed to permit any animals, whether permitted or not permitted within a particular zone, to run free and uncontrolled. Any and all of such animals are subject to seizure and impoundment by the town of Huachuca City at the expense of the owner thereof. (Ord. 06-10, 2006; prior code § 17-21)

18.100.270 Marijuana uses.

A. Purpose. This section is adopted to protect the health, safety, and welfare of the community. Except as allowed by law for personal, private use, the town enacts reasonable regulations and requires compliance with zoning laws for the retail sale, cultivation and manufacturing of marijuana or marijuana products in a marijuana establishment and the cultivation, processing and manufacturing of marijuana in a primary residence. Nothing in this section is intended to promote or condone the sale, cultivation, manufacture, transport, production, distribution, possession, or use of marijuana or marijuana products in violation of any applicable law.

B. Definitions.

1. “Chemical extraction” means the process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana.

2. “Chemical synthesis” means production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.

3. “Community center, public” means a building owned by the town that is open to the public and is used for meetings, recreation, or social activities and may have outdoor recreational facilities.

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

5. “Consumer” means an individual who is at least 21 years of age and who purchases marijuana or marijuana products.

6. “Cultivate” and “cultivation” mean to propagate, breed, grow, prepare and package marijuana.

7. “Deliver” and “delivery” mean the transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.

8. “Department” means the State of Arizona Department of Health Services or its successor agency.

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

10. “Enclosed area” means a building, greenhouse, or other structure that has:

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

b. Is secure against unauthorized entry;

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

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

11. “Extraction” means the process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents or other chemicals or chemical processes.

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

13. Marijuana.

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

b. Includes cannabis as defined in ARS Section 13-3401.

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

14. Marijuana Concentrate.

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

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

15. “Marijuana establishment” means an entity licensed by the Department to operate all of the following:

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

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

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

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

17. “Marijuana testing facility” means the Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants.

18. “Medical marijuana” means all parts of the genus Cannabis whether growing or not, and the seed of such plants that may be administered to treat or alleviate a qualifying patient’s debilitating medical condition.

19. “Medical marijuana cultivation” means the process by which a person grows a marijuana plant. A “facility” shall mean a building, structure or premises used for the cultivation or storage of medical marijuana that is physically separate and off site from a medical marijuana dispensary.

20. “Medical marijuana dispensary” means a not-for-profit entity, defined in ARS Section 36-2801.11, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells, or dispenses marijuana or related supplies, and educational materials to medical marijuana qualifying patients.

21. “Medical marijuana dispensary off-site cultivation site” means the additional location where marijuana is cultivated by a medical marijuana dispensary as referenced in ARS Section 36-2804(B)(1)(b)(ii).

22. “Medical marijuana infusion facility” means a facility that incorporates medical marijuana (cannabis) by the means of cooking, blending, or incorporation into consumable/edible goods.

23. “Open space” means a public park, public sidewalk, public walkway or public pedestrian thoroughfare.

24. “Person” means an individual, partnership, corporation, association, or any other entity of whatever kind or nature.

25. “Process” and “processing” mean to harvest, dry, cure, trim or separate parts of the marijuana plant.

26. “Public place” means any enclosed area to which the public is invited or in which the public is permitted, including airports, banks, bars, common areas of apartment buildings, condominiums or other multi-family housing facilities, educational facilities, entertainment facilities or venues, healthcare facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a childcare, adult day care, or health care facility or a home-based business that has employees and/or customers visit the residence.

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

C. Marijuana Testing Facility Prohibited. To the fullest extent allowable by law, the operation of a marijuana testing facility is prohibited in the town.

D. Marijuana Prohibited on Public Property.

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

2. It shall be unlawful for an individual to smoke marijuana in a public place or open space in the town.

E. Application Requirements. Prior to the establishment of a marijuana establishment, medical marijuana dispensary or medical marijuana cultivation and/or infusion facility, the applicant shall provide the town with the following information:

1. The name and location of any associated off-site medical marijuana cultivation or infusion facility associated with the cultivation operation.

2. A copy of the Department operating procedures for medical marijuana dispensaries and medical marijuana cultivation and infusion facilities adopted in compliance with ARS Section 36-2804(B)(1)(c).

3. The location of the nearest marijuana establishment, medical marijuana dispensary, cultivation and/or infusion facility if within 2,000 feet even if located outside town limits.

4. A site plan showing the exterior features of the building to include the parking lot, landscaping, driveways, sidewalks, and accessible parking spaces.

5. A floor plan indicating all entrances, sales areas, waiting rooms, dispensary areas, storage areas, cultivation and manufacturing areas, as well as the separate enclosed, locked and secured area for dispensing medical marijuana to qualified patients or designated caregivers, as required by the Arizona Medical Marijuana Act. The primary entrance should be kept clear of barriers, landscaping, and similar obstructions so that it is clearly visible from public streets, sidewalks or driveways.

6. Building permits for occupancy change, if necessary.

7. A security plan that provides for adequate lighting, alarms, security cameras, and locks in order to ensure the safety of persons and to prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.

8. A ventilation and filtration plan to prevent the emission of dust, fumes, vapors or odors into the environment from the facility.

9. For a marijuana establishment that engages in cultivation or manufacturing, shall submit a written operations plan to the town that outlines the following:

a. Procedures showing that the marijuana cultivation will be conducted in accordance with state and local laws, and regulations regarding use and disposal of pesticides and fertilizers.

b. The legal water source, irrigation plan, wastewater systems to be used, and projected water use.

c. The plan for addressing odor and other public nuisances that may derive from the establishment.

F. Developmental and Locational Requirements for Marijuana Establishments and Medical Marijuana Dispensaries.

1. Shall not be located within 1,000 feet from a preschool, kindergarten or other school or educational facility that caters to children, childcare facility, places of worship, public community center, or public park. The distance shall be measured from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the property line of the protected use.

2. Shall not be located within 1,000 feet of a building with the same type of use. The distance shall be measured from the exterior walls of the buildings or portion thereof in which the businesses are conducted or proposed to be conducted.

3. Shall not be more than two marijuana establishments and/or dispensaries operating within the town at any given time. An establishment with a dual license location within the same building shall be counted as one establishment.

4. Shall be located in a permanent building with an established foundation adhering to town adopted building codes. It may not be located in a kiosk, cargo trailer or motor vehicle.

5. Shall be a maximum size of 4,900 gross square feet. Maximum square footage may be expanded subject to a conditional use permit application and hearing procedures set forth under town code.

G. Operational Requirements for Marijuana Establishments and Medical Marijuana Dispensaries.

1. Shall not sell marijuana or marijuana products except as permitted by state law to consumers.

2. Marijuana shall not be consumed on the premises. The term “premises” includes the actual building, as well as any accessory structures, parking lot, or parking areas that are part of the approved location.

3. Shall have operating hours no earlier than 10:00 a.m. or later than 6:00 p.m. After hours and during hours of darkness, the building, property, and adjacent right-of-way and parking lot shall be illuminated, so that all areas are readily visible by law enforcement personnel.

4. A “No Loitering” sign shall be posted on the front exterior of the premises.

5. Drive-through services and off-site deliveries of marijuana or marijuana products are prohibited.

6. Shall provide for the proper disposal of marijuana remnants or by-products and such shall not be placed in the facility’s exterior refuse containers, any town refuse container, bin or other town facility, or in any park refuse container or any other property’s refuse container.

7. Shall not emit dust, fumes, vapors or odors into the environment from the facility and shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of the adopted building codes of the town.

8. Shall not display or keep marijuana or marijuana products that are visible from the outside of the premises.

9. Shall comply with applicable laws to safely and securely engage in the extraction process.

H. Developmental and Locational Requirements for Medical Marijuana Cultivation or Infusion Facilities.

1. Shall not be located within 1,000 feet from a preschool, kindergarten or other school or educational facility that caters to children, childcare facility, places of worship, public community center, or public park. The distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation and/or infusion business is conducted or proposed to be conducted to the property line of the protected use.

2. Shall not be located within 1,000 feet from a residential zoned property. The distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation and/or infusion business is conducted or proposed to be conducted to the zoning boundary line of the residentially zoned property.

3. Shall not be located within 1,000 feet of a building with the same type of use. The distance shall be measured from the exterior walls of the buildings or portion thereof in which the businesses are conducted or proposed to be conducted.

4. Shall only be located in an enclosed, locked building.

I. Operational Requirements for Medical Marijuana Cultivation Site or Infusion Facilities.

1. Shall only be accessible to registered nonprofit medical marijuana dispensary agents associated in the registry with a nonprofit medical marijuana dispensary.

2. Marijuana shall not be consumed on the premises of the cultivation site or infusion facility. The term “premises” includes the actual building, as well as any accessory structures, parking lots or parking areas which are part of the approved location.

3. During hours of darkness, shall be illuminated in all areas of the premises, including adjacent public sidewalks, so that all areas are readily visible by law enforcement personnel.

4. Shall not emit dust, fumes, vapors or odors into the environment from the facility and shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of the adopted building codes of the town.

5. Shall provide for the proper disposal of marijuana remnants or by-products and such shall not be placed in the facility’s exterior refuse containers, any town refuse container, bin or other town facility, or in any park refuse container or any other property’s refuse container.

J. Retail Sales of Marijuana and Marijuana Products. To the fullest extent allowable by law, the sale of marijuana and marijuana products is authorized within the town from a properly licensed marijuana establishment and its tangible personal property as defined in ARS Section 42-500 and subject to the transaction privilege tax in the retail classification and use tax.

K. Individual’s Primary Residence for Personal Use. To the fullest extent allowable by law, marijuana possession, consumption, processing, manufacturing, transportation and cultivation are permitted in a residential zoning district in the town and are subject to the following conditions and limitations:

1. It shall be unlawful for any individual who is at least 21 years of age to possess, transport, cultivate or process more than six marijuana plants at the individual’s primary residence.

2. It shall be unlawful for two or more individuals who are at least 21 years of age to possess, transport, cultivate or process more than 12 marijuana plans at the individual’s primary residence.

3. Except as provided by ARS Section 36-2801 et al. and this section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within the town limits.

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

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

6. A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of the adopted building codes of the town.

7. Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors.

8. Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft or other optical aids.

L. Violations.

1. It shall be unlawful to smoke, display, consume, sell or distribute, store, cultivate, manufacture, or produce marijuana or marijuana products on property that is occupied, owned, controlled or operated by the town.

2. It shall be unlawful and a violation of this section for a person to sell, cultivate, process, manufacture or transport marijuana or marijuana products if the person fails to meet all the requirements in this section and state law, including the Department’s rules.

3. It is a violation of this section for any person to provide false information on any application.

4. Each day any violation of any provision of this section shall continue shall constitute a separate offense.

M. Enforcement – Penalties.

1. The business license may be revoked by the town for violation of any provision of this section, for any violation of the requirements of this section, or if the Department revokes the license for a marijuana establishment, medical marijuana dispensary or medical marijuana off-site cultivation/infusion facility. If a business license is revoked, the permittee shall have the right to appeal the decision of the town to the board of adjustment as outlined in the town code.

2. Violations of this section are in addition to any other violations enumerated within the town ordinances or the town code and in no way limit the penalties, actions or abatement procedures which may be taken by the town for any violation of this section, which is also a violation of any other ordinance or code provision of the town or federal or state law. Conviction and punishment of judgment and civil sanction against any person under this section shall not relieve such person from the responsibility of correcting prohibited conditions, or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal thereof.

3. Violations of this section may be criminal or civil. First offense: civil $100.00 fine; second offense: civil $300.00 fine; third and subsequent offenses: criminal class one misdemeanor, punishable as determined by the court, not to exceed $2,500 fine, six months in jail and three years’ probation.

4. Citations for civil and criminal violations of this section may be filed in the Huachuca City magistrate court by the police department or the town attorney. (Ord. 21-02 § 2, 2021)

18.100.280 Cultivation of industrial hemp.

A. Purpose. This section is adopted to protect the health, safety, and welfare of the community of Huachuca City by enacting reasonable regulations for the cultivation of industrial hemp by requiring compliance with applicable zoning laws. Nothing in this section is intended to promote or condone the sale, distribution, possession, or use of marijuana in violation of any applicable law.

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

1. “Applicant” means the person who applies for a conditional use permit pursuant to this section.

2. “Department” means the State of Arizona Department of Agriculture.

3. “Designated agent” means the person designated by the applicant to receive notices from the town of Huachuca City pursuant to this section.

4. “Grower” means an individual, partnership, company, or corporation that propagates industrial hemp under Title 3, Chapter 2, Article 4.1 of the Arizona Revised Statutes and Title 3, Chapter 4, Article 10 of the Arizona Administrative Code.

5. “Harvester” means an individual, partnership, company, or corporation that is licensed by the State of Arizona Department of Agriculture to harvest industrial hemp for a licensed grower.

6. “Hemp products” means all products made from industrial hemp, including cloth, cordage, fiber, fuel, grain, paint, paper, construction materials, plastics, and by-products derived from sterile hemp seed or hemp seed oil. Hemp products exclude any product made to be ingested except food made from sterile hemp seed or hemp seed oil.

7. “Hemp seed” means any viable Cannabis sativa L. seed that produces an industrial hemp plant that is subject to Title 3, Chapter 2, Article 4.1 of the Arizona Revised Statutes and Title 3, Chapter 4, Article 10 of the Arizona Administrative Code.

8. “Industrial hemp” means any viable Cannabis sativa L. and any part of such a plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.300 percent on a dry-weight basis.

9. “Industrial hemp site” means the location in which a grower, harvester, transporter, or processor possesses a crop, a harvested crop, or hemp seed.

10. “Nursery” means real property or other premises on or in which industrial hemp stock is propagated, grown, or cultivated and intended for sale, gift, or propagation, either cultivated or collected in the wild, or from which source industrial hemp stock is offered for distribution or sale.

11. “Permit” means a conditional use permit issued in accordance with Chapter 18.20.

12. “Permittee” means the person who applied for a conditional use permit pursuant to this section and in whose name such permit was issued by the town of Huachuca City pursuant to this section.

13. “Person” means an individual, partnership, corporation, association, or any other entity of whatever kind or nature.

14. “Processor” means an individual, partnership, company or corporation that is licensed by the State of Arizona Department of Agriculture to receive industrial hemp for processing into hemp products or hemp seed.

15. “Town” means the town of Huachuca City.

16. “Transporter” means an individual, partnership, company or corporation that is licensed by the State of Arizona Department of Agriculture to transport industrial hemp for a state-licensed grower to a processor.

C. Compliance with State Licensing Requirements.

1. It shall be unlawful for any person to grow, harvest, transport or process industrial hemp, or propagate eligible seed and propagative materials for planting in the town without having first obtained a valid license from the Department pursuant to ARS Section 3-314 and Title 3, Chapter 4, Article 10 of the Arizona Administrative Code.

2. It shall be unlawful for a person to grow, harvest, process, or store industrial hemp in any residential dwelling pursuant to Title 3, Chapter 4, Article 10 of the Arizona Administrative Code.

D. Permit Requirements.

1. It shall be unlawful for a person to grow, harvest, transport, or process industrial hemp at any location within the town without first obtaining a conditional use permit from the town in accordance with the provisions of Chapter 18.20, including any application and review procedures pursuant to Section 18.20.060.

2. A permit shall not be issued unless the applicant provides a legible copy of the proper valid license issued by the Department authorized under the industrial hemp program. A suspended or revoked license is not a valid license.

3. A permit shall not be issued unless the applicant provides a legible copy of the valid fingerprint clearance card issued by the Arizona Department of Public Safety pursuant to ARS Section 41-1758.07 and required by the Department pursuant to Title 3, Chapter 4, Article 10 of the Arizona Administrative Code.

4. The applicant shall comply with the requirements of this section.

5. The applicant shall notify the town within 72 hours if the Department imposes a corrective action plan on the applicant or suspends or revokes the applicant’s license.

6. A permit issued pursuant to this section, including a renewal of a permit, is valid for a period of one year from the date of issuance if the permittee is in compliance with this section. The permit is nontransferable.

E. Developmental and Locational Requirements for Industrial Hemp Cultivation Facilities. Industrial hemp cultivation facilities are subject to the following conditions and limitations:

1. May be permitted as a conditional use in a C-2 or C-3 zoning district and shall not be authorized to grow, harvest, process, or store industrial hemp in any area zoned for residential use.

2. Shall not be located within 1,000 feet from a preschool, kindergarten or other school or educational facility that caters to children, childcare facility, places of worship, public community center, or public park. The distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation and/or infusion business is conducted or proposed to be conducted to the property line of the protected use.

3. Shall not be located within 1,000 feet from a residential zoned property. The distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation and/or infusion business is conducted or proposed to be conducted to the zoning boundary line of the residentially zoned property.

4. Shall not be located within 1,000 feet of a building with the same type of use. The distance shall be measured from the exterior walls of the buildings or portion thereof in which the businesses are conducted or proposed to be conducted.

5. Shall only be located in an enclosed, locked building.

F. Operational Requirements for Industrial Hemp Cultivation Facilities.

1. During hours of darkness, all areas of the premises shall be illuminated, including adjacent public sidewalks, so that all areas are readily visible by law enforcement personnel.

2. Except as otherwise provided in ARS Section 9-462.01, disposal of agricultural composting from industrial hemp shall not be allowed in any trash can or bin located within the town limits, any town facility, or in any park refuse container unless authorized by the town.

3. Must eliminate the smell or odor of industrial hemp, or unusual smells or odors generated by or connected to such storage or processing and not generally found in a residential environment, so that such odors cannot be detected by a person with a normal sense of smell from a minimum distance of 10 feet of a building’s exterior or at the property’s boundaries, whichever distance is less, except during periods while a door is open for the purpose of transporting industrial hemp not to exceed 15 minutes per period.

4. No vehicle used to transport industrial hemp to or from an industrial hemp site shall park in any residential zone or be left unattended on any public street, sidewalk, alley or other public right-of-way in the town. In addition to any penalty provided in this section, any vehicle which is parked in violation of this subsection may be towed and impounded, or the contents of said vehicle may be removed and impounded or destroyed. Reasonable charges may be made for towing, content removal, and impounding.

5. Exterior inspections by the town code official or a designee may be conducted any time during regular business hours.

G. Retail Sales from Industrial Hemp. The sale of industrial hemp products is authorized within the town limits in accordance with all applicable zoning regulations. Industrial hemp and industrial hemp products are taxable to the end user under the retail classification of the transaction privilege tax.

H. Fees.

1. The fee for the conditional use permit shall be according to the fee schedule established in Section 18.150.010.

2. The conditional use permit shall be renewed annually. The fee for the annual renewal shall be half the original conditional use permit application fee.

I. Violations.

1. It shall be unlawful for a person to grow, harvest, process, or transport industrial hemp if the person fails to meet all the requirements in this section or state law, including the Department’s rules regulating the industrial hemp program pursuant to Title 3, Chapter 4, Article 10 of the Arizona Administrative Code.

2. It is a violation of this section for any person to provide false information on any application.

3. Each day any violation of any provision of this section shall continue shall constitute a separate offense.

J. Enforcement – Penalties.

1. The permit may be revoked by the town for violation of any provision of this section, for any violation of the requirements of this section or the permit, or if the Department revokes the license for the hemp cultivation facility. If a permit is revoked, the permittee shall have the right to appeal the decision to the town board of adjustment as outlined in Section 18.145.040.

2. Violations of this section are in addition to any other violation enumerated within town ordinances or the Huachuca City Municipal Code and in no way limit the penalties, actions or abatement procedures which may be taken by the town for any violation of this section, which is also a violation of any other ordinance or code provision of the Huachuca City Municipal Code or federal or state law. Conviction and punishment of judgment and/or civil sanctions against any person under this section shall not relieve such person from the responsibility of correcting prohibited conditions, or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal thereof.

4. Citations for civil and criminal violations of this section may be filed in the Huachuca City magistrate court by the police department or the town attorney. (Ord. 21-02 § 3, 2021)