Chapter 17.44
I INDUSTRIAL DISTRICT

Sections:

17.44.010    Purpose

17.44.020    Permitted Principal Uses

17.44.030    Property Development Standards

17.44.040    Permitted Conditional Uses

17.44.010 Purpose

This district is intended to promote light industrial uses which are compatible with all surrounding districts. (Ord. 736 Art. IV. § (A)(8)(a), 1997)

17.44.020 Permitted Principal Uses

A.    Light industrial uses as listed below, and other similar uses, including any kind of scientific research, manufacturing, compounding, assembling, processing, treatment, provided that all uses shall be operated entirely within an enclosed building unless screened from view from any residential or commercial zoning district and/or any public right-of-way by a solid six (6) foot high screen wall or fence; and dust, fumes, odors, refuse matter, smoke, vapor, noise, lights and vibrations shall be confined to the premises or otherwise controlled in accordance with City, County, State and Federal environmental laws; and travel and parking portions of the lot shall be dust proofed;

B.    Storage containers may be used under the following conditions:

1.    Two (2) containers, singly placed, may be located on any one parcel.

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

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

C.    Manufacturing and wholesale operations. (Ord. 947, 2004; Ord. 736 Art. IV § (A)(8)(b), 1997)

(Manual, Amended, 06/18/2004)

17.44.030 Property Development Standards

A.    Fences surrounding storage areas in industrial zoning districts may use barbed wire, provided the barbs are placed and maintained at a minimum 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 industrial structures, machinery, and stored conveyor systems, towers, tanks, antennas, mills, rail cars, earthmoving and construction machinery, and any other structures 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, except for prisons and/or directly related correctional facilities, which shall require a conditional use permit.

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

C.    Setbacks:

1.

Front yard:

25'

2.

Side yard:

10'

3.

Rear yard:

10'

4.

Any yard adjacent to a residential zone

50'

(Ord. 1068, 2008; Ord. 736 Art. IV § (A)(8)(c), 1997)

17.44.040 Permitted Conditional Uses

A.    Heavy industrial uses including any kind of scientific research, manufacturing, compounding, assembling, processing and treatment; provided, that:

1.    All uses shall be operated entirely within an enclosed building, unless screened from view from any residential or commercial zoning district and/or any public right-of-way by a solid six (6) foot high screen wall or fence and no material or other storage items are stacked higher than the height of the wall,

2.    Dust, fumes, odors, refuse matter, smoke, vapor, noise, lights and vibrations shall be confined to the heavy industrial zone or otherwise controlled in accordance with City, County, State and Federal environmental laws;

B.    Schools, public and private;

C.    Day care centers;

D.    Apiaries;

E.    Cemeteries;

F.    Hospitals;

G.    Manufactured home parks;

H.    Sexually oriented businesses including adult video stores, adult bookstores, adult cabarets, adult arcades and cinemas, and adult hotels and motels as defined in Section 17.08.020. Such businesses are not permitted within the Route 66 Overlay.

Purpose and Intent.

The City Council finds that "Sexually Oriented Businesses" as described in this ordinance, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated geographically under certain circumstances, thereby having a deleterious effect upon the adjacent areas and increasing law enforcement problems. The City Council further finds that specific regulation of these businesses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods, endanger public safety, or decrease the value of surrounding properties. These conditions are established to prevent the concentration or clustering of these businesses in any one area of the City and to restrict their proximity to residential areas, schools, churches, parks, and other public facilities. All distances specified in this section shall be measured in a straight line, without regard to intervening structures or objects, from the property line of any sexually oriented business to the nearest property line of any other sexually oriented business, school, church, public facility, residential district, or other land use facility specified herein.

The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the U.S. Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

1.    The sexually oriented business shall not be located closer than one thousand (1,000) feet from the boundaries of the following:

a.    Any residential zoning district, or any residential use;

b.    Public or private school having a pre-school or kindergarten curriculum or any one (1) or more of grades one (1) through twelve (12);

c.    Public park or playground;

d.    Church or noncommercial establishment owned or operated by a bona fide religious organization;

2.    The sexually oriented business shall not be located closer than one thousand (1,000) feet from any other sexually oriented business.

3.    The sexually oriented business shall exclude from its premises persons less than eighteen (18) years of age.

4.    The sexually oriented business shall not display signs visible from the exterior of the business except for signs identifying the business as a sexually oriented business.

5.    No materials depicting specified sexual activities or specified anatomical areas shall be visible from the exterior of the sexually oriented business.

6.    All off-street parking areas and premise entries of the sexually oriented businesses shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented businesses for the personal safety of patrons and employees.

7.    It shall be unlawful to operate, permit, or cause to be operated a sexually oriented business between the hours of one a.m. and six a.m. of any particular day.

8.    All areas of adult arcades and cinemas must be visible from the cash register location. No booths for viewing adult videos may be enclosed and the inside of said booth must be open and visible from the cash register location.

I.    Storage containers in excess of permitted number (two (2)).

J.    One (1) family dwelling.

K.    Duplex or two (2) dwelling units.

L.    Modular dwelling units, subject to development standards established in Chapter 17.64.

M.    Multifamily dwelling units, including apartments and/or condominiums.

N.    Commercial uses in areas outside the Route 66 Overlay, limited to the following:

1.    Retail uses in structures of three thousand (3,000) square feet or less;

2.    Automobile service stations, limited to not more than four (4) fuel pumps;

3.    Restaurants;

4.    Personal services as defined in Section 17.40.020(26).

O.    Governmental facilities and uses.

P.    Medical marijuana cultivation facility, contingent on Arizona State licensure and subject to the following standard conditions and limitations:

1.    Applicant shall provide:

a.    Name(s) and location(s) of the associated off-site nonprofit medical marijuana dispensary and a copy of the signed contract between the off-site dispensary and the medical marijuana cultivation facility, except when the medical marijuana cultivation facility is located in a nonprofit medical marijuana dispensary.

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

c.    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.

2.    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.

3.    Shall not be located within one thousand (1,000) feet of another medical marijuana cultivation facility. 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.

4.    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.

5.    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 that are located within one thousand five hundred (1,500) feet of the proposed medical marijuana cultivation facility with the application for the conditional use permit.

6.    Sale of medical marijuana on the premises is prohibited.

7.    Consumption and/or use of medical marijuana on the premises is prohibited.

8.    All cultivation and storage of medical marijuana shall occur in an enclosed, locked facility which can only be accessed by registered nonprofit medical marijuana dispensary agents who are associated with a registered nonprofit medical marijuana dispensary; or, if a nonprofit medical marijuana dispensary is not operating within twenty-five (25) miles of a qualifying patient’s home, a qualifying patient and/or designated caregiver may cultivate up to twelve (12) marijuana plants in an enclosed, locked facility that may only be accessed by the qualifying patient and/or designated caregiver.

9.    No signage advertising or otherwise related to the medical marijuana cultivation use shall be permitted on the subject property.

10.    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 at any location on the building or subject property.

11.    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.

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

13.    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.

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

1.    Applicant shall provide:

a.    Name and location of the off-site cultivation location, if applicable, and a copy of the signed contract between the off-site nonprofit medical marijuana dispensary and the medical marijuana cultivation facility.

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

c.    A survey sealed by a registrant of the State of Arizona showing the location of the nearest nonprofit medical marijuana dispensary and/or cultivation location if within one thousand (1,000) feet.

2.    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.

3.    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.

4.    Shall not be located within one thousand (1,000) feet of another nonprofit medical 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.

5.    Shall not be located within five hundred (500) feet of a group home/care facility, 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 property line of the protected use.

6.    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 that are located within one thousand five hundred (1,500) feet of the proposed dispensary with the application for the conditional use permit.

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

8.    Drive-through services are prohibited.

9.    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.

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

11.    Only patients, designated caregivers, and dispensary personnel with a registry identification card, in accordance with A.R.S. § 36-2801(14), are 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.

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

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

14.    Medical 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.

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

16.    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.

17.    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 (Q)(16) 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.

18.    In addition to signage required under subsection (Q)(17) 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.

19.    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.

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

21.    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.

R.    Medical marijuana infusion (or manufacturing) facility contingent on Arizona State licensure and subject to the following standard conditions and limitations:

1.    Applicant shall provide:

a.    Name(s) and location(s) of the associated off-site nonprofit medical marijuana dispensary, if the medical marijuana infusion (or manufacturing) facility is not a function within a dispensary, and a copy of the signed contract between the off-site dispensary and the medical marijuana infusion facility.

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

c.    A survey sealed by a registrant of the State of Arizona showing the location of the nearest medical marijuana dispensary, infusion facility, and/or cultivation location if within one thousand (1,000) feet.

2.    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.

3.    The facility shall not be located within one thousand (1,000) feet of another medical marijuana infusion (or manufacturing) facility. 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.

4.    The facility 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 businesses are conducted or proposed to be conducted to the zoning boundary line or property line of the protected use.

5.    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 that are located within one thousand five hundred (1,500) feet of the proposed medical marijuana infusion (or manufacturing) facility with the application for the conditional use permit.

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

7.    Sale of medical marijuana on the premises is prohibited unless the facility complies with all requirements in this chapter that are applicable to a nonprofit medical marijuana dispensary.

8.    Consumption and/or use of marijuana on the premises is prohibited.

9.    All infusion of medical marijuana shall occur in an enclosed, locked facility which can only be accessed by registered nonprofit medical marijuana dispensary agents who are associated with a registered nonprofit medical marijuana dispensary.

10.    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.

11.    No signage advertising or otherwise related to the medical marijuana infusion (or manufacturing) use shall be permitted on the subject property.

12.    No graphics of any kind related to the medical marijuana infusion (or manufacturing) use, including depictions of marijuana in any form or marijuana-related paraphernalia, may be placed at any location on the building or subject property.

13.    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.

S.    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. 1109, 2009; Ord. 947, 2004; Ord. 911, 2003; Ord. 896, 2002; Ord. 736 Art. IV § (A)(8)(d), 1997)

(Manual, Amended, 06/18/2004)