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 Living Facilities

31.18    Yard Sales

31.19    Environmental Concerns

31.20    Pathway Improvement Standards

31.21    Medical Marijuana

31.22    Solar Energy Collector Panels

31.23    Wireless Facilities in the Right-of-Way

31.24    Recreational Marijuana

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 Living Facilities

a.    Purpose

1.    The purpose of these regulations is to permit persons with a disability to reside in a residential neighborhood in compliance with the Fair Housing Act while preserving the residential character of the neighborhood and preventing a concentration of such facilities in any particular area to avoid institutionalizing a neighborhood.

2.    The purpose of a group living facility is to emulate a biological family to (A) normalize its residents and integrate them into the surrounding community; or (B) to provide an opportunity for persons with a disability to reside in a family atmosphere in a neighborhood setting.

b.    General

1.    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 A.R.S. § 36-582.

2.    Group living facilities shall be separated by minimum distance of one thousand two hundred feet as measured by a straight line in any direction from the nearest property line of the proposed group living facility to the nearest property line of the existing group living facility. This separation 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 living facility 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 living facility normally would not be using the same residential streets as the existing group living facility.

B.    If the existing and proposed group living facilities 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.

3.    The group living facility shall comply with garbage and trash collection regulations (City Code Chapter 9). The city may require a group living facility to dispose of its own wastes or schedule more frequent trash removal, as needed.

4.    There shall be no exterior indication of a group living facility visible from the street or public sidewalk and the appearance of the exterior of the group living facility shall be consistent with the residential character of the neighborhood.

5.    No group living facility shall house any person whose tenancy would constitute a direct threat to the health or safety of other persons or would result in substantial physical damage to the person or property of others.

6.    Group living facilities shall comply 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.

7.    Upon request by the applicant, a group living facility may be allowed an individualized exception from compliance with any of the conditions of this section 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.

8.    Changes in Federal or State Law

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.

c.    Family Group Homes

In addition to the requirements set forth in subsection b of this section, family group homes shall comply with this subsection c.

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

2.    Application

A.    At least fifty days prior to beginning operations, a completed application form shall be submitted to the planning and zoning department on a form established by the planning services director.

B.    The applicant shall provide a current license, certification or registration required for the family group home by any state or federal agency.

C.    The applicant shall provide any requested individualized exception from compliance with group living facilities requirements.

D.    The group living facility shall provide to the city written notice of any changes in the name, address and telephone numbers of both the operators and owners of the group living facility; type of group living facility 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.

3.    Approval of Application

A.    The planning services director shall make a final decision regarding the application within seven working days of the filing of a complete application.

B.    The family group home shall become operational upon approval of the application by the planning services director and shall terminate when the family group home use ceases.

4.    Revocation of Approval

A written decision approving a family group home use may be revoked or suspended at any time upon failure to comply with the conditions of this section 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 family 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 family 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 family group home use for noncompliance, allow continued operation of the family group home upon finding substantial compliance, or in his discretion allow continued operation of the family group home pending the filing of a new application for approval. Upon revocation of approval, operations of the family group home shall cease within a time reasonably necessary to provide for relocation of residents.

5.    Appeal to Board of Adjustment

A.    Any aggrieved person may appeal the zoning administrator’s written decision of revocation within ten days from the date of the written decision. An appeal shall stay all proceedings. An appeal shall be filed with the city clerk and be accompanied by the following items and such other evidence prescribed by the board:

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

II.    The requested relief; and

III.    Any other materials appellant wishes to have considered.

B.    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.

C.    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).

D.    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.

E.    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.

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

d.    Structured Sober Living Homes

In addition to the requirements set forth in subsection b of this section, structured sober living facilities shall comply with this subsection d.

1.    A use permit shall be obtained in compliance with Section 33. The use permit may be issued only if the proposed structured sober living home meets the following standards:

A.    There shall be a maximum of two residents per bedroom, not including staff. There shall be at least one three-quarter bathroom for every two residents and staff. All bathrooms shall be located within the house.

B.    The applicant demonstrates that the proposed use will not interfere with the normalization and community integration of the residents of any existing group living facility and that the presence of other group living facilities will not interfere with the normalization and community integration of the residents of the proposed structured sober living home.

C.    The applicant demonstrates that it will operate the proposed structured sober living home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the proposed home.

D.    The applicant demonstrates that the proposed structured sober living home, in combination with existing group living facilities, will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating group living facilities on a block or in a neighborhood.

E.    As a function of emulating a biological family, a structured sober living home shall have an established protocol to assure that its residents have access to meals at the home whether the residents dine individually or as a group. Public, charitable or social services provided meals shall not be a substitute for these protocols.

2.    A business license shall be obtained pursuant to City Code Article 8-5 prior to commencement of operation of the structured sober living home.

3.    Revocation of Use Permit

A use permit for a structured sober living home may be revoked or suspended at any time upon failure to comply with the conditions of this section, City Code Article 8-5 or failure to comply with individualized conditions or exceptions provided for in the written decision. The procedures set forth in Section 33.03 shall apply.

e.    Reasonable Accommodation

1.    If a group living facility owner believes any requirement of the zoning code prevents the establishment of his group living facility in an economically viable manner or imposes a regulation not permitted by the Fair Housing Act, the owner shall submit to the zoning administrator a written request for reasonable accommodation setting forth the request and the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the zoning administrator to make an individualized determination of the group living facility’s needs, to address safety and welfare concerns of the residents, the city, and the public, and to assure compliance with this section.

2.    The zoning administrator shall review the written request and determine:

A.    Whether an accommodation should be made pursuant to the requirements of the Fair Housing Act; and

B.    If so, the nature of the accommodation taking into consideration the requirements of the Fair Housing Act, safety and welfare of the residents, the city, and the public, and preserving the residential character of the neighborhood; and

C.    Any accommodation made shall be only to the extent necessary to comply with the Fair Housing Act.

3.    The zoning administrator shall make findings of fact and shall render his decision in writing. The zoning administrator may meet with and interview the applicant to ascertain or clarify information sufficiently to make the required findings. To grant a reasonable accommodation, the applicant shall have the burden of showing and the zoning administrator shall affirmatively find all of the following:

A.    The proposed group living facility can and will emulate a biological family and function as a residential use rather than an institutional or other nonresidential use.

B.    The proposed group living facility needs the requested accommodation for financial or therapeutic reasons.

C.    The proposed group living facility will not interfere with the normalization and community integration of the residents of any existing group living facility and that the presence of other group living facilities will not interfere with the normalization and community integration of the residents of the proposed group living facility.

D.    The applicant will operate the group living facility in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the proposed group living facility.

E.    The proposed group living facility, in combination with any existing group living facility, will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating group living facilities on a block or in a neighborhood. (Ord. 18-227 § 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. In addition, these requirements shall also apply to recreational marijuana establishments and recreational marijuana testing facilities as permitted in Section 31.24 to the fullest extent allowable by law.

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

b.    Medical Marijuana Dispensaries; Recreational Marijuana Establishments, and Recreational Marijuana Testing Facilities

1.    Applications for medical marijuana dispensaries, recreational marijuana establishments, and recreational marijuana testing facilities 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, recreational marijuana establishment and/or recreational marijuana testing facility.

B.    The address and legal name of the medical marijuana dispensary, recreational marijuana establishment and/or recreational marijuana testing facility.

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

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

E.    A copy of the operating procedures for the medical marijuana dispensary adopted in compliance with state law including but not limited to A.R.S. § 36-2804(B)(1)(c).

F.    A floor plan showing the layout and dimensions of the medical marijuana dispensary, recreational marijuana establishment and/or recreational marijuana testing facility to demonstrate compliance with the requirements set forth in this section and show the security measures proposed to comply with state law requirements including 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 and recreational marijuana establishments 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 or recreational marijuana establishment.

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 or recreational marijuana.

H.    Not provide outdoor seating areas.

I.    Not sell merchandise other than medical marijuana.

J.    Prohibit consumption of medical marijuana or recreational 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 and recreational 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 facility’s exterior refuse containers.

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

P.    Have only one secure entrance to the dispensary or recreational marijuana establishment 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 medical marijuana dispensaries 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 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 or recreational marijuana establishment.

3.    Medical marijuana dispensaries and recreational marijuana establishments 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)

Medical marijuana dispensary

1,325

Recreational marijuana establishment

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. 21-248 § 1; 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))

31.23 Wireless Facilities in the Right-of-Way

Small wireless facilities are permitted in the right-of-way in compliance with Litchfield Park City Code Chapter 18A. All other small wireless facilities and all new poles in the right-of-way are required to obtain a use permit prior to submitting an application for a wireless facility in the right-of-way. Monopoles are prohibited in the right-of-way. (Ord. 18-223 § 1 (part))

31.24 Recreational Marijuana

a.    Purpose

This section is adopted to protect the health, safety, and welfare of the residents of the city. Nothing in this section is intended to promote or condone the sale, cultivation, manufacture, transport, production, distribution, possession, or use of recreational marijuana or recreational marijuana products in violation of any applicable law.

b.    Regulations

1.    Recreational Marijuana Establishments and Testing Facilities

It shall be unlawful for a person to operate a recreational marijuana establishment or recreational marijuana testing facility at any location within the city without first obtaining a business license from the city and paying fees for such license as established by resolution of the city council.

2.    Applications

An application to operate a recreational marijuana establishment or recreational marijuana testing facility shall be filed with the city in compliance with Section 31.21.

3.    Operations; Sale of Marijuana and Marijuana Products

A.    Recreational marijuana establishments are permitted in industrial zones and shall be regulated in the same manner as medical marijuana dispensaries as set forth in Section 31.21, except as provided in this Section 31.24.

B.    The sale of recreational marijuana and recreational marijuana products is tangible personal property as defined in A.R.S. § 42-5001 and subject to the transaction privilege tax in the retail classification and use tax.

4.    Public Places

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

B.    The use, sale, cultivation, manufacture, production, or distribution of recreational marijuana or recreational marijuana products is prohibited on property that is occupied, owned, controlled, or operated by the state or a political subdivision of this state that has adopted rules, regulations, or policies prohibiting the use, sale, cultivation, manufacture, production, or distribution of recreational marijuana or recreational marijuana products on its property.

C.    It is unlawful for an individual to smoke recreational marijuana in a public place or open space in the city.

D.    It is unlawful to operate a business in the city that permits consumption of recreational marijuana or recreational marijuana products on premises by invitees, patrons, or employees of the business.

5.    Regulations for Primary Residence for Personal Use

To the extent allowable by law, recreational marijuana possession, consumption, processing, manufacturing, transportation, and cultivation are permitted in a residential zoning district in the city and are subject to the following conditions and limitations:

A.    It shall be unlawful for any individual who is at least twenty-one years of age to possess, transport, cultivate, or process more than six recreational marijuana plants.

B.    It shall be unlawful for two or more individuals who are at least twenty-one years of age to possess, transport, cultivate, or process more than twelve recreational marijuana plants at the individual’s primary residence.

C.    Except as provided by this section and A.R.S. § 36-2850 et seq., it shall be unlawful for an individual to cultivate recreational marijuana in a residential zoning district within the city limits.

D.    Individuals shall not process or manufacture recreational marijuana by means of any liquid or gas, other than alcohol, that has a flashpoint below one hundred degrees Fahrenheit.

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

F.    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 adopted building codes of the city.

G.    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.

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

c.    Enforcement; Penalties

1.    Except as otherwise provided in A.R.S. § 36-2853, violation of any provision of this section is punishable as a civil violation in accordance with Section 8. Any person found responsible for committing three or more violations of this section within a twenty-four-month period, whether by admission, by payment of the fine, by default or by judgment after hearing shall be determined to be a habitual offender and shall be guilty of a class 1 misdemeanor.

2.    Violations of this section are in addition to any other violation enumerated within the city code and in no way limit the penalties, actions, or abatement procedures which may be taken by the city for any violation of this section, which is also a violation of any other ordinance or code provision of the city or federal or state law. Conviction and punishment or judgment 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.    Recreational marijuana establishment licenses may be revoked by the city for violation of any provision of this section or if the department revokes the license for a recreational marijuana establishment. (Ord. 21-248 § 1)


1

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