b. Exterior finishes of a building shall not exceed a reflectivity of sixty percent (60%).
a. Noise from internal loudspeakers, paging systems, live entertainment or stereo speakers shall not exceed forty (40) decibels at the property line of any adjacent property used or intended for residential purposes.
b. No external speakers, except for drive-through order purposes, piped-in ambiance music that is not discernible (less than forty (40) decibels) from on-site property lines, special events and/or approved outdoor entertainment venues, shall be permitted on the premises.
4. Outdoor Storage and Activities
a. All operations and storage, except as provided in subsection A.4.d of this section, outdoor displays, shall be conducted within a completely enclosed building or within an opaque barrier designed to match the main building on the site. Items stored, excluding live vegetation, may not be visible from private or public streets or any adjacent property used or intended for residential purposes.
a) The display area shall be located directly adjacent to the primary building where the merchandise is sold.
b) The display area shall not be placed in a manner that will constitute a public hazard to pedestrian or vehicular traffic or interfere with bicycle parking areas and other egress/ingress accesses (Figure 25.1). People standing in driveways or blocking doorways while viewing outdoor displays are considered a hazard.
1) Repealed by (O)17-07.
2) A minimum of four (4) feet shall be maintained from any adjacent road curb.
3) The display area shall not interfere with sidewalk function.
4) A four (4) foot clear path shall be maintained.
5) Access to all doors shall be kept clear at all times.
b) The display area shall not exceed fifty percent (50%) of the linear building frontage where the display is located, up to a maximum of one hundred fifty (150) linear feet.
a) Display areas are limited to one (1) facade of the building.
a) Price tags shall be no larger than one (1) square foot.
e. Dispensing machines are prohibited except for newspapers.
f. Outdoor eating areas for restaurantsusing disposable dinnerware, wrappings or napkins shall be enclosed with a minimum three (3) foot barrier in order to prevent the blowing and scattering of litter. Such areas shall be maintained in a litter free condition.
5. Pedestrian Circulation
a. An on-site pedestrian circulation system must be provided.
i. Where possible, interconnect all buildings, parking areas, bicycle parking, recreational areas, common outdoor areas and amenities.
ii. Connect to trail networks, paths and public amenities and adjacent land uses.
i. The circulation system must be hard surfaced and be a minimum of five (5) feet wide.
ii. Where the system crosses driveways, parking areas and loading areas, the system must be made clearly identifiable by incorporating the following mechanisms: use of traffic calming methods, a different paving material, or other similar method. Striping does not meet this requirement. Elevation changes and speed tables must be at least four (4) inches high.
iii. Where the system is parallel and adjacent to an auto lane, it must be separated from the auto travel way by a raised path, curb, bollards, landscaping or other physical barrier. If a raised path is used, it must be at least four (4) inches high and the ends of the raised portion must be equipped with curb ramps. Bollard spacing must be no further apart than five (5) feet on center.
a. During the building permit process, an odor abatement plan is required for any use which may emit odorous matter discernible beyond the on-site property boundary. Uses include restaurants, manufacturing, processing, medical marijuana cultivation, distilleries, micro-breweries, or similar uses, as determined by the Planning and Zoning Administrator.
b. The odor abatement plan must contain the following elements:
i. An inventory of potential or identified odor emitting activities or processes that take place at the site, the sources of occurrence and length of time the occurrence lasts.
ii. An odor control plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor emission from an emission point source inclusive of the administrative and engineering controls the facility will implement to control odors.
A) Administrative controls include procedural activities, staff training procedures, recordkeeping and forms.
B) Engineering controls include system design, operational processes and a maintenance plan.
iii. A specification of the documentation that will be made available for Town review which will verify the data produced by the monitoring equipment, and which will verify that processes and procedures are conducted consistent with the specifications in the facility’s odor control study and plan.
iv. A schedule for the implementation and installation of the control technologies, appurtenances and monitoring instrumentation.
v. An acknowledgment of the authority of the Town and/or County and its agents to enter into the facility and its property to investigate complaints and to verify the facility’s adherence to the compliance plan.
c. At the discretion of the Planning and Zoning Administrator, the requirement for an odor abatement plan may be waived, if deemed unnecessary as the nature of operations create a low risk of emitting objectionable odors. The waiver is subject to reconsideration and may be revoked, if odors are determined to be objectionable after occupancy and use.
a. No assisted living home shall be located closer than one thousand (1,000) feet to another assisted living home. The minimum one thousand (1,000) foot separation shall be maintained between property lines, measured on a straight line.
b. No assisted living home shall contain more than ten (10) residents and an appropriate number of support staff.
a. All outdoor patios or similar facilities shall be located a minimum of one hundred (100) feet from any property used or intended for residential purposes.
b. The above distance shall be measured from the abutting edge of the residential district to the closest property line or lease line of the baruse. The limit of the property line or lease line shall include all required parking, landscaping, and setbacks of the specific baruse.
4. Commercial Stables
a. The minimum property size shall be ten (10) acres.
b. The proposed site shall not be adjacent to subdivided single-family residential property unless that residential property contains an equestrian easement along the contiguous boundary.
c. The stable property shall contain a buffer strip one hundred (100) feet wide maintained in a natural state, adjacent to all surrounding privately owned property. This strip shall be used only for occasional riding and not for keeping, pasturing or storing of animals, and not for training or other regular or intensified activities.
d. There shall be a buffer strip forty (40) feet wide maintained and used as described above adjacent to any street.
e. There shall be no shows or other activities that would generate more traffic than is normal to a residential area unless the proposed site has direct access from a major arterial road. Permission for such shows and activities may be obtained via a Special Use Permit.
f. All pasture and animal storage areas shall be enclosed with fences or walls a minimum of four (4) feet six (6) inches in height.
g. All laws applicable to the public health must be complied with for the entire period of operation of the stable.
h. All stable, activity and pasture areas that are not grassed shall be treated for dust control as approved by the Town Council.
i. Adequate parking shall be shown on the site plan.
5. Communication Structures and Facilities
i. Residential Antenna Standards
Antennas are permitted in all residential zoning districts, subject to the following conditions:
1) A ground-mounted satellite dish that is one (1) meter (3.28 feet) or less in diameter, with a maximum height of five (5) feet.
The maximum height of the antenna shall be the minimum height necessary for reception of radio waves.
c) Amateur Radio Equipment
1) The maximum height of the equipment, whether a fixed or “crank-up” style structure, including antenna, shall be fifty (50) feet, measured from the ground to the fully operational extent of the equipment.
5) The base of the equipment shall not exceed a size greater than four (4) feet by four (4) feet.
d) Satellite dishes exceeding one (1) meter diameter
Planning and Zoning Administrator approval is required for all ground- or building-mounted satellite dish antennas over one (1) meter in diameter. All satellite dish antennas over one (1) meter in diameter shall adhere to the following standards:
1) A maximum diameter of fifteen (15) feet will be permitted.
2) Ground-mounted satellite dishes exceeding one (1) meter in diameter are permitted only in the rear yard, unless rear yard location provides an indirect line of sight to the satellite, in which case may be located in the side yard.
The maximum height of building-mounted antenna that is over two (2) meters in diameter shall be the minimum height that is necessary for reception of radio waves.
b. Communication Facilities
This section applies to all new communication facilities or new appurtenances to existing facilities except:
a) Facilities used for police, fire, ambulance, and other emergency dispatch functions.
b) Small cell wireless facilities located in the public rights-of-way which shall adhere to the standards, processes and fees established in the small cell wireless code.
c) Requirements preventing installation of a facility may be waived by the Planning and Zoning Administrator when there is a conflict with Federal law.
ii. General Requirements for All Communications Facilities
a) Stealth Applications
1) All facilities, including modifications to existing facilities, shall be constructed using stealth applications. A stealth application entails the camouflaging of an antenna, appurtenance, fixture, and/or structure with a building or the landscape in terms of design, colors, materials, height, and width.
2) Site location and development shall preserve the existing character of the surrounding community, buildings, land uses and zoning district. Facilities shall be integrated through location and design to blend in with the existing characteristics of the site. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized.
3) Antennas mounted on buildings, utility poles, or structures shall be covered by appropriate casings that are designed to match existing structural or architectural features.
4) The camouflaging of antennas shall include architectural integration, painting and texturing to match the existing structure, or if groundmounted, of such design to be compatibly integrated with the surrounding landscape. Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.
b) No communication facilities shall be permitted on developed or undeveloped lots where the primary use or purpose is for a dwelling.
c) Setback Requirements for All Ground-Mounted Facilities, Excluding Joint-Use Installations on Street Lights, Traffic Lights, Electric Utility Poles and/or other Utility Structures and Collocations on Existing Facilities
1) Structures are subject to the underlying zoning districtbuildingsetbacks and must be set back two (2) feet for every one (1) foot in height from the boundary of any property where the primary use or purpose is for a dwelling, whichever is more restrictive.
2) All new facilities within the Tangerine Road Corridor Overlay District and Oracle Road Scenic Overlay District must be set back from the right-of-way edge by a distance of three (3) feet for every one (1) foot in height.
d) Equipment Buildings and Cabinets
1) Equipment buildings or cabinets shall be concealed from public view and made compatible with the architecture of the surrounding buildings and consistent with the general character of the area.
2) Above-ground equipment shall be completely screened from view by a compatible solid wall or opaque fence except when a ground-mounted cabinet, or combination of all cabinets, is smaller than one hundred eighty (180) cubic feet. Units that are smaller than one hundred eighty (180) cubic feet may, at the discretion of the Planning and Zoning Administrator, not be required to be screened from view if they have been designed with a structure, materials, colors or detailing that emulates the character of the area. All gates shall be opaque.
6) All above-ground equipment with air conditioning units shall be enclosed by walls, if located within three hundred (300) feet of developed or undeveloped lots where the primary use is or is platted for single-family dwellings.
7) Any exterior lighting, unless required by the Federal Aviation Administration, shall be positioned within the walled area and shall be mounted below the height of the screening fence or wall.
e) Additional Standards for Development in Parks and Open Space Zoning
1) All facilities must be collocated on an existing manmade structure or ground-mounted and disguised as a natural feature such as rock or saguaro.
2) All accessory and equipment buildings shall be located underground unless they can be entirely camouflaged as a natural feature.
3) New roads shall not be constructed to specifically access the site.
4) Significant resources, as defined in Section 27.6, may not be disturbed.
f) Discontinuance of Use
1) Any antenna or tower for which the use is discontinued for six (6) months or more shall be removed, and the property shall be restored to its condition prior to the location of the antenna or tower, all at the expense of the provider. The Town may require financial assurances to ensure compliance with this provision.
g) Noninterference with Public Safety
1) No wireless communication transmitter, receptor, or other facility shall interfere with police, fire, and emergency public safety communications.
h) Technical Evaluation
1) The Town may engage the services of a third party consultant, at the applicant’s sole expense, to evaluate the accuracy of the application, Federal Communications Commission compliance, and other technical issues as needed.
i) Monopole and Tower Site Standards
1) Any new monopole shall be separated from the nearest monopole –regardless of ownership and jurisdictional boundaries – by a distance of one-quarter (1/4) mile, unless it is adjacent to an existing monopole or tower within a common screenedwall.
2) New towers require a minimum separation of one (1) mile from any existing tower – regardless of ownership and jurisdictional boundaries – unless one can verify that no reasonable alternative exists.
3) All new monopoles or towers that are forty (40) feet or higher shall allow for collocation by other wireless communication providers.
j) Collocations or Modifications to Existing Towers or Structures
1) The Planning and Zoning Administrator shall not deny any eligible collocations or modifications to existing structures, except when the collocation or modification is a substantial change to the physical dimensions of the structure, as defined below.
A) Substantial changes are those which meet any of the following criteria:
i) An increase in height of the utility poles that adds more than ten percent (10%) to the original height or more than the height of one (1) additional antenna array with separation from the nearest antenna array not to exceed twenty (20) feet, whichever is greater, up to a maximum of eighty (80) feet.
ii) An increase in height of the existing structures that adds more than ten percent (10%) or more than ten (10) feet, whichever is greater, and not to exceed the regulated height of the existing structure.
iii) The addition of an appurtenance that:
A) Protrudes from the edge of the structure more than six (6) feet; or
B) More than the width of the structure at the level of the appurtenance, whichever is greater; or
C) Is more than twenty-five percent (25%) of the existing number of appurtenances.
iv) The installation of new equipment cabinets:
A) When there are no preexisting ground cabinets associated with the structure; or
B) More than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or
C) More than ten (10%) percent larger in height or overall volume than any other ground cabinets associated with the structure.
vi) Defeats existing concealment elements of the structure.
vii) Does not comply with conditions associated with prior approvals of the structure, unless noncompliance is due to an increase in height, width, or addition of cabinets or excavation that does not exceed the substantial change threshold.
2) Collocations or modifications that are substantial changes shall comply with the Tier I, Tier II or major communication facility requirements of this code.
3) All collocations or modifications shall be constructed using stealth applications.
k) Access and Signage
1) All facilities, especially roof-mounted antennas, must be designed in a manner to clearly prevent and/or deter access by the public.
2) All facilities shall be identified by a permanently installed plaque or marker, no larger than four (4) inches by six (6) inches, clearly identifying the provider’s name, address and emergency phone number. The sign shall be placed in a location visible to passersby.
l) Provider’s Communication Plan
1) The Provider Communication Plans shall be utilized to require collocation and/or clustering of new facilities where technically feasible.
iii. Minor Communication Facilities
a) General Standards for Minor Facilities
1) Minor facilities may not exceed forty (40) feet in height unless otherwise specified herein.
2) Minor facilities are exempt from parking requirements specified in Chapter 11, unless required by Planning and Zoning Administrator or Planning and Zoning Commission.
b) Tier I Minor Facilities
1) The Planning and Zoning Administrator shall make a determination on a Tier I application.
2) All Tier I minor facilities shall be constructed using stealth applications that result in the communication facility being entirely indiscernible as a facility because it appears as a functional component of a building, structure, or the landscape.
3) All Tier I minor facilities shall meet the following criteria:
ii) The height of the utility poles, communication facilities, or other existing structures shall not add more than twenty percent (20%) to the original height up to a maximum of eighty (80) feet or the regulated height of the existing utility poles, communication facilities, or other structures, whichever is less.
iii) For utility poles or other similar structures the diameter of the pole may be increased up to sixty percent (60%).
B) Or they shall be located within concealment structures such as flag-poles, cacti, or desert trees that are entirely camouflaged.
2) All property owners and HOAs within six hundred (600) feet of the facility will be notified by mail and provided with fifteen (15) days to respond. The Planning and Zoning Administrator may require a neighborhood meeting.
3) All Tier II minor facilities shall be constructed using stealth applications that result in the communication facility being incorporated into a building, structure, or the landscape to the greatest extent feasible; however, it remains discernible as a facility.
4) All Tier II minor facilities shall meet the following criteria:
A) New monopoles or towers that are forty (40) feet or less in height. The overall height may be increased to fifty (50) feet only if the site will be immediately utilized for collocation. The increase in height will be the minimum required to support collocation.
1) The height of the utility poles, communication facilities, or other existing structures shall not add more than thirty percent (30%) to the original height up to a maximum of eighty (80) feet or the regulated height of the existing utility poles, communication facilities, or other structures, whichever is less.
2) For utility poles or other similar structures the diameter of the pole may be increased up to sixty percent (60%).
iv. Major Communication Facilities
a) Major communication facilities are those facilities that do not meet the minor communications facilities criteria.
c) Tier II stealth criteria apply to all major communication facilities.
d) All major communication facilities shall meet the following criteria:
1) The height of a facility shall not exceed the height established in the criteria for minor facilities, except that they are allowed up to one hundred fifty (150) feet in C-1, C-2, and T-P Zoning Districts.
i. At least two (2) driveways shall be provided to assure safe ingress/egress. The location and number of points of access to the site, the interior circulation patterns, and the separation between pedestrians and vehicles should all be designed to maximize safety and convenience of those using the site. The design should be harmonious with proposed and neighboring buildings. A circulation assessment shall be prepared which addresses parking requirements, site access and vehicle turning and backing requirements.
h. Canopies shall not be located closer than ten (10) feet from property line of the project. Design of the canopy shall architecturally match the design of the main building. The maximum height of the canopy shall not exceed eighteen (18) feet or the height of the nearest structure, whichever is more restrictive.
15. Golf Safety Nets
Golf safety nets may be permitted in all districts provided approval is given, in writing, by the local Homeowners’ Association and/or sub-association, if active, and staff makes a determination that the design standards below have been met.
a. Design Standards
i. Nets and poles may not exceed twenty (20) feet in height from grade.
ii. A driving range barrier-type nylon netting material shall be used, which shall have a three-quarter (3/4)-inch weave and be black in color.
iii. Net structures shall be consistent, in all details, with existing safety nets located in the immediate area.
iv. The preferred method of support for the netting material is via a cable connecting the top of the two (2) poles, as opposed to multiple horizontal rails.
v. Poles shall be painted to match the color of the primary structure on the property.
vi. Structural design calculations must be in accordance with those adopted by the TownBuilding Official or, otherwise, must be prepared by a qualified registrant and approved by the TownBuilding Official.
vii. No flags, signs, banners or other appurtenances may be attached to the supporting poles or netting material of such nets.
viii. The safety net and supporting structure shall be located and designed to minimize the potential for damage to adjoining properties resulting from deflection of golf balls directly off of the safety net and supporting structure.
Noise shall not be discernible at the property line.
Emission of odorous matter in such a manner to create a nuisance or hazard beyond the property line shall not be permitted. At the discretion of the Planning and Zoning Administrator an odor abatement plan may be required in accordance with Section 25.1.A.6.
a) When the development abuts a property used or intended for residential purposes, vibration shall not be discernible beyond the property line.
b) When the development abuts a property used or intended for nonresidential purposes, vibration shall not be discernible beyond the property line to the human sense of feeling for a duration of three (3) minutes or more in any one (1) hour of the day between the hours of 7:00 a.m. and 7:00 p.m. or of a duration of thirty (30) seconds or more in any one (1) hour between the hours of 7:00 p.m. and 7:00 a.m.
Any activity producing intense glare or heat shall not be discernible at the property line.
v. Fly Ash, Dust Fumes, Vapors, Gasses and Other Forms of Air Pollution
No emission shall be permitted which can cause any damage to health, damage to animals or vegetation, or damage to or soiling of other forms of property.
vi. Liquid and Solid Waste
No waste shall be discharged in the streets, drainage ways or on any property except in appropriately designed disposal systems.
18. Marketing of Products Raised on the Premises
a. A stand of not more than two hundred (200) square feet in area shall be permitted provided said stand is no closer than ten (10) feet to any street line and no closer than twenty (20) feet to any other lot line.
In addition to the standard required permit application, an applicant applying for a medical marijuanadispensary must complete a supplemental application that includes all of the following information:
d) A copy of the operating procedures adopted in compliance with A.R.S. Section 36-2804(B)(1)(c).
e) A floor plan showing the location, dimensions and type of security measures demonstrating that the medical marijuanadispensary will meet the definition of “enclosed, locked facility” contained in A.R.S. Section 36-2801(6).
c) A medical marijuanadispensary shall be set back a minimum of one thousand (1,000) feet from a public, private, parochial, charter, dramatic, dancing, music, or other similar school or educational or activity facility where children may be enrolled, measured from the parcel boundaries.
g) A medical marijuanadispensary shall be set back a minimum of one thousand (1,000) feet from a residential substance abuse diagnostic and treatment facility or other drug or alcohol rehabilitation facility.
iii. Permit Conditions. The Town may include any conditions it finds necessary to conserve and promote the public health, safety, convenience and general welfare. The Town must include the following permit conditions for issuance of the medical marijuanadispensary permit:
a) An expiration date that requires reapplication or renewal of the permit after a specified period of time.
b) A requirement that the medical marijuanadispensary meets security requirements adopted by the Arizona Department of Health Services.
c) A requirement that the storage facilities for the medical marijuana stored or grown on site prevent the emission of dust, fumes, vapors or odors into the environment.
d. All external lighting must be affixed to the exterior of the mobile food unit. All lighting is subject to the requirements of Section 27.5.C, Prohibitions, but shall otherwise be exempt from the requirements of Section 27.5, Outdoor Lighting.
e. No drive-thru components are permitted.
f. Signage must be affixed to the exterior of the mobile food unit. All signage is subject to the requirements of Section 28.10, Prohibited Signs, but shall otherwise be exempt from the requirements of Chapter 28, signs.
22. New Utility Poles and Wires
i. It is unlawful to erect, possess or maintain any utility poles or wires above the surface of the ground except after obtaining a conditional use permit therefor, unless as otherwise provided in subsection B.22.a.ii of this section.
b) New utility poles and wires erected for temporary use for periods not in excess of four (4) months for purely temporary purposes such as for providing temporary building construction power or for emergency power or telephone service, or for the furnishing of power to temporary outdoor activities. This four (4) month period may be extended by the Planning and Zoning Administrator and Town Engineer if good cause is shown.
c) Erection on the ground surface and flush to the ground of transformers, pullboxes, service terminals, pedestal type telephone facilities normally used with and as a part of an underground distribution system. The size, type and design of these are to be approved by the Town Engineer.
d) Erection on the ground surface and flush to the ground of wires in encased concrete or conduit where underground wire installation is not feasible due to special features of the terrain.
e) Replacements, relocations and new installations involving one (1) or more of the following improvements:
A) Fifty percent (50%) or less increase to a pole height and/or diameter, provided the new pole has a tapered design.
B) Structural support pole(s) used for a change in line direction or line termination only.
2) Wires and Pole-Mounted Equipment
A) Changes to wire diameter not to exceed two (2) inches in thickness.
B) Twenty-five percent (25%) or less increase to the total number of wires, not to exceed ten (10) wires.
C) Pole-mounted equipment, excluding wires, insulators, and attachment devices, with a size of one hundred sixty (160) cubic feet or less on major or minor arterial roads as depicted in the Your Voice, Our Future, General Plan Circulation Map.
D) Pole-mounted equipment excluding wires, insulators, and attachment devices, with a size of sixty-four (64) cubic feet or less on major collector, minor collector or local roads as depicted in the Your Voice, Our Future, General Plan Circulation Map.
All replacement projects involving five thousand (5,000) feet or less of continuous poles and wires within a twelve (12) month period.
d) Fire or other accidental hazards from the presence of such poles and wires and the effect, if any, of the same upon the effectiveness of fire-fighting equipment;
e) The availability of a suitable right-of-way for the installation;
f) Future conditions which may be reasonably anticipated in the area in view of a normal course of development;
g) The type of terrain;
h) The practicality and feasibility of underground installation of such poles and wires with due regard for the comparative costs between underground and overground installations (provided, however, that a mere showing that an underground installation shall cost more than an overground installation shall not, in itself, necessarily require issuance of a permit).
The applicant must provide a viewshed analysis that contrasts existing and proposed conditions and address each of the factors above.
iv. In the event such poles and wires are for the sole purpose of carrying electricity or power or for transmitting of telephone, telegraph, or television communication through or beyond the Town’s boundaries or from one (1) major facility to another, the practicality or feasibility of alternative or other routes shall also be considered.
a. One (1) single-family residence shall be permitted for each religious institution facility for the purpose of providing housing for a minister, pastor, priest, rabbi or caretaker and his/her family.
25. Restaurants, Drive-Through/Drive-In
a. All drive-in/drive-thru uses are subject to the requirements of subsections A.3 and B.6 of this section.
b. All drive-thrus must be fully screened from any public roadway or any property used or intended for residential purposes.
c. Any associated vehicle queuing is prohibited in roadways, drive aisles or other parking area access lanes (PAAL).
d. Outdoor eating areas for restaurantsusing disposable dinnerware, wrappings or napkins shall be enclosed with a minimum three (3)-foot wall in order to prevent the blowing and scattering of litter. Such areas shall be patrolled by an employee(s) of the restaurant at least once an hour during hours of operation to collect improperly disposed dinnerware, wrappings or napkins.
e. Landscaped areas and parking areas shall be patrolled at least once an hour to collect improperly disposed dinnerware, wrappings, and napkins.
f. All loading zones shall be screened from public view by plantings, walls, or a combination thereof. Such screening should conform architecturally or otherwise to the overall design of the restaurant and the larger commercial development within which it is located.
g. Accumulated food waste materials on the premises shall be disposed of at least once every twenty-four (24) hours or as restaurantvolume dictates. Spilled grease, oils, or fats located near refuse areas or any other area shall be promptly removed with a biodegradable solution.
h. Smoke and odor filtering devices shall be installed on all restaurants. An odor abatement plan must be provided in conformance with subsection A.6 of this section. Electrostatic incinerators shall be installed in all restaurants in order to control noxious emissions. The filter requirement may be waived at restaurants where no cooking takes place, i.e., sandwich shops.
i. Grease traps shall be installed in all drive-through/drive-in restaurants. All grease traps shall conform to the standards contained in the 2003 International Plumbing Code.
i. The term “dwelling unit” shall include beds, bedrooms and living units for the purposes of calculating the amount of recreational area.
ii. The recreational area shall provide amenities to meet the recreational needs of residents and guests of the facility. The minimum recreational area may be divided between multiple areas throughout the development.
i. A minimum of fifty percent (50%) of the open space required by this section shall be provided in a contiguous area or areas with the intended purpose of creating a campus-like environment and providing for meaningful and usable open spaces for the passive use and enjoyment of residents of the facility.
ii. Open space area(s) shall be improved with walking paths and other passive amenities.
i. The plan demonstrates a convenient and proximate relationship between all units, services and recreational areas for the population served and building areas have been concentrated to the greatest extent practical.
ii. Separated pedestrian accessways must be provided to all rows of parking.
a) Pedestrian accessways crossing drive aisles shall contain different surfacing than parking areas to define the pedestrian crossing.
b) This requirement may be reduced or waived by Town Council when the applicant can demonstrate that the accessways are not necessary to serve the expected needs of the residents.
a. The office shall be located within a model homebuilt in accordance with the zoning where such office is located.
b. The office shall be limited to the sale of homes within the neighborhood or subdivision in which it is located.
c. Temporary real estate sales offices shall be permitted for a period not to exceed two (2) years from the date of initial home sales.
d. The Planning and Zoning Administrator may grant extensions of time at the termination of the initial two (2)-year period.
e. The Planning and Zoning Administrator may grant permission for a temporary real estate sales office to be located in a portable structure. All such structures must be approved by the Planning and Zoning Administrator prior to installation.
29. Vehicle Parts Store
a. On-site repair, rebuilding or machining is prohibited.
a. Vehicle repair establishments shall be located a minimum of two-hundred fifty (250) feet from any property used or intended for residential purposes, measured from the abutting edge of the residential district or property to the nearest property or lease line of the vehicle repairuse.
b. All repair activities must take place within an entirely enclosed structure and must not be visible from any adjacent roadway or any property used or intended for residential purposes.
b. All vehicle washes shall achieve a minimum of seventy percent (70%) water recycling.
c. Drying awnings shall be attached to the building or permanently affixed to the ground and all work shall be carried out within the setbacks of the property.
Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.
33. Visitor Accommodations
a. Commercial uses are permitted appurtenant to visitor accommodation use types, such as restaurants, excluding drive-in or drive-through types, cocktail lounges, and small retail shops; provided, that the entrance to any such appurtenant use shall be from the lobby, arcade, or interior patio, unless otherwise approved by the Planning and Zoning Commission.
Noise shall not be discernible at the property line.
Emission of odorous matter in such a manner to create a nuisance or hazard beyond the property line shall not be permitted. At the discretion of the Planning and Zoning Administrator an odor abatement plan may be required in accordance with Section 25.1.A.6.
iii. Hazardous Material
The keeping of explosive, highly combustible, corrosive, toxic, highly oxidizing, radioactive or other hazardous materials shall not be permitted.
The distribution of goods shall not result in the creation of traffic hazards or undue congestion on any public or private street.