Chapter 18.75


18.75.010    Intent.

18.75.020    Permitted uses.

18.75.030    Adult oriented businesses.

18.75.040    Conditional uses permitted.

18.75.050    Permitted accessory buildings and uses.

18.75.060    Additional regulations.

18.75.070    Site plan approval.

18.75.080    Use regulations.

18.75.090    Requirements.

18.75.100    Medical marijuana dispensary.

18.75.010 Intent.

The B/C general business district provides areas for the sale of commodities and performance of services and other activities. It also provides for commercial uses concerned with wholesaling or distribution activities in locations where there is adequate access to major streets or highways.

Uses and structures within any Class B/C business district: No buildings, structures or premises shall be used, and no buildings or structures shall be erected which shall be used, except as permitted in this chapter or for other than the following specified purposes and uses. (Ord. 06-10, 2006; prior code § 17-15-1)

18.75.020 Permitted uses.

The following uses shall be permitted in B/C general business districts:

Retail trade of any legal goods or services not otherwise prohibited in this code, including but not limited to:

A. Convenience stores, grocery stores, and stores selling general merchandise.

B. Retail trade of furniture, home furnishings, household appliances, etc.

C. Hotels and motels with or without kitchenettes for permanent or transient purposes.

D. Restaurants and bars.

E. Automobile service stations and repair shops.

F. Retail trade of apparel and accessories.

G. New and used car sales lots where no mechanical work is done nor are wrecked, junked, or disabled cars stored or parked on the lot.

H. Business and professional services.

I. Repair services, electrical, radio and television, watch, clock, jewelry, reupholstery and furniture repair, and similar light duty maintenance.

J. Special and higher education services including university, college, junior college and professional, vocational, trade and business schools.

K. Drug stores, dry goods stores, hardware stores, grocery stores, department stores, and the like.

L. Banks, savings and loan, finance companies, and the like.

M. Building supplies and materials, lumber yards.

N. Medical marijuana dispensary.

All buildings shall be completely enclosed and shall be so constructed and maintained as to prevent objectionable noise and odor outside the walls of the building. (Ord. 10-06 § 1-B, 2010; Ord. 06-10, 2006; prior code § 17-15-2)

18.75.030 Adult oriented businesses.

The town of Huachuca City has adopted ARS Section 13-1422: Adult oriented businesses; location; hours of operation; injunction; classification; definitions. Refer to the ARS for complete details.

A. An adult oriented business shall not be located within one-fourth mile of a child care facility, a private, public or charter school, a public playground, a public recreational facility, a residence or a place of worship.

B. An adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, escort agency or nude model studio shall not remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 1:00 a.m. and 12:00 noon on Sunday. (Ord. 06-10, 2006; prior code § 17-15-3)

18.75.040 Conditional uses permitted.

The following uses may be allowed by the planning and zoning commission as conditional uses upon application and compliance with such additional on-site or off-site specific requirements as the commission deems appropriate in consideration of the surrounding affected areas:

A. Recreational vehicles and travel trailer parks.

B. Transfer or express service, warehouse or storage building.

C. Contract construction services, including general building construction services and special construction trade services, concrete services, and water well drilling services.

D. Auto repair, vehicle wash racks, body and fender shops. (Ord. 06-10, 2006; prior code § 17-15-4)

18.75.050 Permitted accessory buildings and uses.

Any accessory building or use customarily incidental to a permitted use may be permitted. (Ord. 06-10, 2006; prior code § 17-15-5)

18.75.060 Additional regulations.

Any use, including incidental or accessory storage, not within a completely enclosed building shall be screened by a solid fence or wall at least six feet in height.

Any lighting shall be placed so as to reflect the light away from adjoining residential districts.

Any part of the lot not otherwise surfaced shall be landscaped.

A minimum six-foot-wide landscaping strip is required along the street side(s) of each property. (Ord. 06-10, 2006; prior code § 17-15-6)

18.75.070 Site plan approval.

Any plan approval shall be obtained prior to any issuance of a building or use permit. (Ord. 06-10, 2006; prior code § 17-15-7)

18.75.080 Use regulations.

All residential uses shall comply with the requirements for the corresponding residential districts as shown in Table One. All business uses shall comply with the B requirements as shown in Table One. (Ord. 06-10, 2006; prior code § 17-15-8)

18.75.090 Requirements.

A. Maximum building height: two stories or 30 feet.

B. Minimum front yard: 25 feet.

C. Minimum side yard: none.

D. Minimum rear yard: none unless adjoining a residential zone, then a 20-foot setback. (Ord. 06-10, 2006; prior code § 17-15-9)

18.75.100 Medical marijuana dispensary.

A. Dispensaries shall not be located within 1,000 feet of a preschool, kindergarten, or other school or educational facility that caters to children, child care center, place of worship, public park, or the same type of use or a medical marijuana dispensary. This 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.

B. Retail sales of medical marijuana is prohibited.

C. Shall have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m.

D. Applicant shall provide:

1. The name(s) and location(s) of the off-site medical marijuana dispensary associated with the cultivation operation.

2. A copy of the operating procedures adopted in compliance with ARS Section 36-2804(B)(1)(c).

3. A survey sealed by a registrant of the state of Arizona showing the location of the nearest medical marijuana dispensary or cultivation location if within 2,000 feet.

4. A site plan, floor plan, building permits and a security plan.

E. Shall be located in a permanent building.

F. Shall be a maximum 4,900 gross square feet. Drive-through services are prohibited.

G. Cultivation of medical marijuana is prohibited.

H. Shall provide for proper disposal of marijuana remnants or by-products, not to be placed within the facility’s exterior refuse containers. (Ord. 10-06 § 1-B, 2010; prior code § 17-15-10)