Chapter 17.40
C COMMERCIAL DISTRICT

Sections:

17.40.010    Purpose

17.40.020    Permitted Uses

17.40.030    Property Development Standards

17.40.040    Permitted Conditional Uses

17.40.050    Recreational Marijuana

17.40.010 Purpose

This district is intended to promote and preserve a range of business and commercial uses intended to serve the shopping needs of the entire community and the larger service area surrounding the community. (Ord. 911, 2003; Ord. 736, Art. IV § (A)(7)(a), 1997)

(Manual, Amended, 04/15/2003)

17.40.020 Permitted Uses

Permitted uses include the following and similar uses:

1.    Appliance, furniture and household equipment rentals;

2.    Assembly including assembly halls, ballrooms and theaters;

3.    Athletic clubs;

4.    Automobile service stations;

5.    Automotive services including automobile service stations, commercial parking lots, automotive repair but not including body or radiator repair;

6.    Banks and other financial institutions such as credit unions, loan companies, and savings and loan associations;

7.    Bed and breakfasts;

8.    Billiard parlors;

9.    Bowling alleys;

10.    Business schools;

11.    Charitable organizations;

12.    Churches;

13.    Day care centers;

14.    Emergency medical care facilities;

15.    Golf driving ranges;

16.    Governmental services, public utility offices and exchanges;

17.    Home improvement centers;

18.    Hotels and motels;

19.    Indoor recreation facilities such as gymnasiums and health clubs;

20.    Live entertainment, including music or dancing, but no sexually oriented businesses;

21.    Lodges or fraternal associations;

22.    Motels and hotels;

23.    Miniature golf courses;

24.    Office including: accounting, administrative, blue printing, business, clerical, dental, executive, medical, newspapers, professional, real estate, stenographic, stock brokerage firms, veterinarians, writing;

25.    Parking garages;

26.    Personal services including: appliance repair shop, barber shop and beauty parlor, custom dressmaker, dry cleaning outlet, dry cleaning, interior decorator, laundry establishment, locksmith, milliner, minor household appliance repair, mortuary, photographer, self service laundry, shoe repair shop, tailor;

27.    Plant nurseries including wholesale and retail sales;

28.    Radio and TV studios;

29.    Recreational vehicle storage facilities;

30.    Restaurants;

31.    Retail stores including: apparel, appliance sales and rentals, books, clothes, confections, drugs, dry goods, florist shops, foods, furniture sales and rentals, garden supplies, gift shops, glass, graphic art, grocery stores, hardware stores, hobby supplies, home and office furnishings, household equipment rentals, household supplies, jewelry, magazines, music supplies, novelties, office supplies, paint, pawn shops, rummage sales, second hand stores, shoes, specialty stores, sporting goods, stationery, thrift stores, tobacco, toys, used furniture stores, variety stores, wallpaper. Outdoor displays and sales of the aforementioned uses are permitted only in conjunction with a permanent structure used for the same or similar purpose;

32.    Retail trade businesses or establishments engaged primarily in selling or offering for sale personal property to the public, including rendering of services incidental to such sale, and businesses, professional services and trades engaged primarily in rendering or offering services to the general public; provided, that such use or uses are to be conducted within a completely enclosed building. Outdoor displays and sales of the aforementioned uses are permitted only in conjunction with a permanent structure used for the same or similar purpose;

33.    Wholesaling and manufacturing as processing that is incidental to the uses described above are permitted;

34.    Self storage warehouses;

35.    Shelter care facilities;

36.    Skating rinks;

37.    Slenderizing salons;

38.    Swap meets;

39.    Taxi stands;

40.    Theaters;

41.    Truck stops;

42.    Vehicle including automobile, truck, trailer and recreation vehicle sales and/or leasing facilities;

43.    Vehicle services including automobile service stations, commercial parking lots, vehicle repairs, new or used automobile, motorcycle, boat, truck and recreational vehicle sales and repairs, vehicle repair garages, car washes, provided the storage or parking of wrecked motor vehicles shall be within an enclosed building or a compound yard enclosed by a solid six (6) foot high screen wall, or fence except for driveway openings;

44.    Video sales or rentals under the following conditions:

a.    Films or videos rated G through R may be displayed for sale or rent under the same terms and conditions as any other commercial activity in this zone.

b.    Films or videos rated NC-17 or any other such films or videos indicating an explicit sexual orientation shall only be sold or rented under the provisions described in Section 17.08.020, Definitions, and Section 17.44.040(H), Industrial District, Permitted Conditional Uses.

45.    YMCA;

46.    YWCA. (Ord. 911, 2003; Ord. 736, Art. IV § (A)(7)(b), 1997)

(Manual, Amended, 04/15/2003)

17.40.030 Property Development Standards

A.

Setbacks:

1.

Front yard:

20'

2.

Interior side yard:

0'

3.

Exterior side yard:

10' (no parking)

4.

Rear yard:

10'

5.

Any yard adjacent to a residential zone:

50'

B.

Maximum building height:

50'

C.    All new development or additions within the commercial zone must be reviewed and approved by the Development Review Board.

D.    A six (6) foot high solid screen wall or fence shall be constructed and maintained along the property lines adjoining a residential zone.

E.    All uses, including incidental and accessory storage, shall be conducted entirely within an enclosed building unless screened from view from any adjacent residential zoning or any public street by a solid six (6) foot high screen wall or fence.

F.    Fences surrounding storage areas in the commercial zoning district may use barbed wire, provided the barbs are placed and maintained at a minimum height of seven (7) feet above grade and do not protrude beyond the property line. Barbed wire shall be removed from all fences upon removal of all commercial structures, vehicles, and stored fixtures/objects/materials from the subject property, including antennas; rail cars; racks, supports and/or displays; commercial delivery/service vehicles; amusement park-type rides, structures and/or earthworks; and/or any other structure(s) and/or stored object(s)/material(s) which may constitute an attractive nuisance and/or a threat to public health, safety and welfare. Razor wire and/or concertina wire shall be prohibited.

G.    One (1) storage container per parcel may be used under the following conditions:

1.    Length shall not exceed twenty (20) feet, with height no more than eight (8) feet.

2.    A City permit shall be obtained after submission of a site plan showing required setbacks.

3.    If permanent, the container shall be painted similar or complimentary to the surrounding primary use, dwelling, or structure(s).

4.    Temporary placement shall be no more than six (6) months, after which the container shall be removed.

Exception to the above conditions may be made for storage containers used on construction sites. (Ord. 1067, 2008; Ord. 947, 2004; Ord. 736 Art. IV § (A)(7)(c), 1997)

(Manual, Amended, 06/18/2004)

17.40.040 Permitted Conditional Uses

1.    Transportation or trucking yards or terminals.

2.    Automotive/auto body repair.

3.    Light industrial.

4.    Apiaries.

5.    Cemeteries.

6.    Hospitals.

7.    Bars, taverns, liquor stores or other establishments, which sell alcoholic beverages on-site or off-site consumption.

8.    Breweries, pubs or microbreweries with on-site or off-site sales.

9.    Manufactured home parks.

10.    Storage containers in excess of twenty (20) feet in length.

11.    One (1) family dwelling.

12.    Duplexes or two (2) dwelling units.

13.    Nonprofit medical marijuana dispensary, contingent on Arizona State licensure and subject to the following standard conditions and limitations:

a.    Applicant shall provide:

i.    The name(s) and location(s) of the off-site medical marijuana cultivation facility associated with the dispensary, if the dispensary does not include on-site cultivation, and a copy of the signed contract between the dispensary and the off-site medical marijuana cultivation facility.

ii.    A copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c).

iii.    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 one thousand (1,000) feet.

iv.    Site plan, floor plan, building permits (for new construction and/or occupancy classification change), and a security plan, in accordance with all applicable Arizona Department of Health Services rules and regulations.

b.    Shall be located in a site-built or modular building that is attached to a permanent foundation and may not be located in a trailer, manufactured home, or motor vehicle.

c.    Shall have a floor area not greater than the maximum gross square footage permitted by the current building code for a commercial structure having one (1) exterior door.

d.    Shall not be located within one thousand (1,000) feet of another marijuana dispensary. This distance shall be measured from the exterior walls of the building or portion thereof in which the businesses are conducted or proposed to be conducted.

e.    Shall not be located within five hundred (500) feet of a group home/care facility, or residentially zoned property existing immediately prior to the date of application. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the zoning boundary line or the property line of the protected use.

f.    Shall not be located within five hundred (500) feet of a child care group home, child care center, preschool, kindergarten, elementary, secondary or high school, community college or State university facility or any other State-permitted educational facility, dormitory or residence hall, place of worship, public park, correctional facility, or public community center existing immediately prior to the date of application. This distance shall be measured in a straight line 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. The applicant shall provide a scaled map of all uses referenced in this subsection located within one thousand five hundred (1,500) feet of the proposed dispensary with the application for the conditional use permit.

g.    Shall have operating hours not earlier than seven a.m. and not later than eight p.m.

h.    Drive-through services are prohibited.

i.    Shall provide for, in accordance with all applicable Arizona Department of Health Services rules and regulations, secure disposal of marijuana remnants or by-products, which are required to be stored in an enclosed, locked facility until such remnants or by-products are transported for disposal, and are not to be placed within the facility’s exterior refuse containers.

j.    There shall be no emission of dust, fumes, vapors, or odors into the environment from the facility.

k.    The door of the facility shall face a public street, without any visual obstruction between the door and the public street.

l.    Only a patient, designated caregiver, dispensary agent with a registry identification card, in accordance with A.R.S. § 36-2801(14), and a person under the age of eighteen (18) who is either a medical marijuana cardholder or is accompanied by a medical marijuana cardholder who is said person’s parent or legal guardian is permitted to be present on the premises of the dispensary, with the exception of delivery, maintenance, and construction personnel on a temporary basis as required for the safe and efficient operation of the facility.

m.    The premises of the dispensary shall be kept in a safe, neat and orderly manner.

n.    No alcoholic beverages shall be sold, served, or consumed on the premises.

o.    Marijuana shall not be used or consumed in any manner on the premises, nor shall open containers of marijuana and/or uncontained marijuana be permitted on the premises.

p.    Marijuana shall be provided to registered patients and designated caregivers only in containers that comply with applicable State of Arizona and/or federal standards.

q.    No person under the age of eighteen (18) shall be present on the premises unless said person is either a medical marijuana cardholder or is accompanied by a medical marijuana cardholder who is said person’s parent or legal guardian.

r.    Each dispensary shall display on a sign mounted on the exterior wall adjacent to the door of the facility, in a manner legible and visible to its clientele, notice that persons under the age of eighteen (18), except as noted in subsection (13)(l) of this section, or without a registry identification card are not allowed on the premises, and that consumption or use of medical marijuana on the premises is prohibited.

s.    In addition to signage required under subsection (13)(r) of this section, each dispensary shall be required to post and shall be limited to one (1) wall sign of no more than twelve (12) square feet in area, which shall contain a statement that the facility is a nonprofit medical marijuana dispensary authorized by the Arizona Medical Marijuana Act and administered under rules adopted by the Arizona Department of Health Services; and the telephone, Internet, and street address contact information of the Arizona Department of Health Services.

t.    No graphics or three (3) dimensional representations of any kind related to the medical marijuana use, including depictions of marijuana in any form or marijuana-related paraphernalia, may be placed on required signage or at any location on the building or subject property.

u.    Violation of any provision of this title is a Class I misdemeanor punishable by a fine or imprisonment, or both, pursuant to Arizona State law.

14.    Marijuana establishments and testing facilities, contingent on Arizona State licensure and subject to the standard conditions and limitations in Section 17.40.050. (Ord. 1357 § 1, 2020; Ord. 1220 (part), 2014; Ord. 1218 (part), 2013; Ord. 1148 (part), 2011; Ord. 947, 2004; Ord. 911, 2003; Ord. 896, 2002; Ord. 771, 1998)

(Manual, Amended, 06/18/2004)

17.40.050 Recreational Marijuana

A.    Purpose. This section is adopted to protect the health, safety, and welfare of the community. 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. The below 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.    "Consume," "consuming," and "consumption" mean the act of ingesting, inhaling or otherwise introducing marijuana into the human body.

2.    "Consumer" means an individual who is at least twenty-one (21) years of age and who purchases marijuana or marijuana products.

3.    "Cultivate" and "cultivation" mean to propagate, breed, grow, prepare and package marijuana.

4.    "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.

5.    "Department" means the State of Arizona Department of Health Services or its successor agency.

6.    "Dual licensee" means an entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.

7.    "Enclosed area" means a building, greenhouse, or other structure that:

a.    Has 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.

8.    "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.

9.    "Manufacture" and "manufacturing" mean to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.

10.    "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 A.R.S. § 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.

11.    "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.

12.    "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 the 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.

13.    "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.

14.    "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.

15.    "Open space" means a public park, public sidewalk, public walkway or public pedestrian thoroughfare.

16.    "Process" and "processing" means to harvest, dry, cure, trim, or separate parts of the marijuana plant.

17.    "Public place" has the same meaning prescribed in the Smoke-Free Arizona Act, A.R.S. § 36-601.01.

18.    "Smoke" means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.

C.    Regulations.

1.    Marijuana Testing Facilities.

a.    The operation of a marijuana testing facility is prohibited in the City of Winslow except as a conditional use pursuant to Section 17.40.040 or 17.44.040.

b.    A marijuana testing facility permitted pursuant to this section shall:

i.    Ensure that access to the area of the facility where marijuana or marijuana products are being tested or stored for testing is limited to a facility’s owners or authorized agents.

ii.    Ensure that transportation of marijuana or marijuana products is in compliance with applicable law.

iii.    Comply with all testing processes, protocols, standards, and criteria adopted by the Department for testing marijuana and marijuana products.

iv.    Maintain records, equipment, and instrumentation as required by the Department.

v.    Comply with all security protocols required by the Department and submit a written security plan to the City that specifies the measures that will be taken to deter and prevent unauthorized entrance into limited access areas, including the use of security equipment to detect unauthorized intrusion, exterior lighting to facilitate surveillance, and electronic monitoring such as video cameras that provide coverage of all entrances to and exits from limited access areas and all entrances to and exits from the building and has sufficient recording resolution.

2.    Marijuana Establishments. The operation of a marijuana establishment is prohibited in the City of Winslow except as a conditional use pursuant to Section 17.40.040 or 17.44.040 for a dual licensee who:

a.    Operates both a nonprofit medical marijuana dispensary and a marijuana establishment cooperatively in a shared location; and

b.    Has not forfeited or terminated the nonprofit medical marijuana dispensary registration from the Department of Health Services.

3.    Operations and Sales.

a.    Marijuana establishments permitted as dual licensees pursuant to this section shall be regulated in the same manner as nonprofit medical marijuana dispensaries as provided in Section 17.40.040(13).

b.    The fee for permit of a marijuana testing facility and marijuana establishment shall be established by resolution of Council.

c.    The sale of marijuana and 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 marijuana or 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 marijuana or 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 marijuana or marijuana products on its property.

c.    It is unlawful for an individual to smoke marijuana in a public place, sports facility, or open space in the City.

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

e.    Violation of this subsection is a petty offense.

5.    Regulations for Primary Residence for Personal Use. To the fullest extent allowable by law, marijuana possession, consumption, processing, manufacturing, transportation, and cultivation is permitted in a residential zoning district in the City, and commercial or industrial areas with residential units, and is subject to the following conditions and limitations for personal use:

a.    It shall be unlawful for any individual who is at least twenty-one (21) years of age to possess, transport, cultivate or process more than six (6) marijuana plants.

b.    It shall be unlawful for two (2) or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals’ primary residence.

c.    Except as provided by A.R.S. § 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 City limits.

d.    Individuals shall not process or manufacture marijuana by means of any liquid or gas, other than alcohol, that has a flash point below one hundred (100) degrees Fahrenheit.

e.    Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential 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 marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids.

6.    Enforcement–Penalties.

a.    Marijuana establishment and testing facility permits may be revoked by the City for violation of any provision of this section, for any violation of the requirements of the permit, or if the Department revokes the license for the facility.

b.    Violation of this section is in addition to any other violation enumerated within the City ordinances or the City code and in no way limits 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 of 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.

c.    Except as otherwise provided in this section or A.R.S. § 36-2853, violation of any provision of this section is a Class 1 misdemeanor. (Ord. 1357 § 1, 2020)