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This section applies to all non-residential uses, excluding parks. The requirements specified herein are in addition to those in the corresponding zoning district.

A. General Requirements for All Non-Residential Uses

1. Fire Access

At least two (2) driveways should be provided for circulation and emergency vehicle access, subject to Fire Marshal review.

2. Conceptual Architecture; Subject to Planning and Zoning Commission Approval

a. Accessory structures (structures other than the primary building(s) such as screen walls, gas station canopies, carports, signage structures) shall be coordinated with the primary building(s) in terms of materials, colors and style.

b. Exterior finishes of a building shall not exceed a reflectivity of sixty percent (60%).

3. Noise

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.

b. Outdoor storage containers are not permitted.

c. Temporary outdoor storage is not permitted except by Special Use Permit.

d. Outdoor display of merchandise shall meet the following standards:

i. Location:

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1) Repealed by (O)17-07.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.

6) The display area shall not be located in parking areas, drive aisles or landscape areas.

ii. Size:

a) Repealed by (O)17-07.

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.

iii. Quantity:

a) Display areas are limited to one (1) facade of the building.

iv. Signs:

a) Price tags shall be no larger than one (1) square foot.

Figure 25.1. Outdoor Display Locations

e. Dispensing machines are prohibited except for newspapers.

f. Outdoor eating areas for restaurants using 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.

b. Connections

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.

c. Materials

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.

6. Odors

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.

7. Repealed by (O)16-16.

((O)20-06 , 2020; (O)17-07 , 2017; (O)17-05 , 2017; (O)16-16 , 2016; (O)16-10 , 2016; (O)11-15 , 2011; (O)07-33, 2007.)

B. Requirements for Specific Nonresidential Uses

1. Assisted Living Home

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.

2. Animal Services

a. All ancillary short-term boarding and lodging activities shall be conducted within entirely enclosed, soundproof buildings.

3. Bars

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 bar use. The limit of the property line or lease line shall include all required parking, landscaping, and setbacks of the specific bar use.

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

a. Antenna

i. Residential Antenna Standards

Antennas are permitted in all residential zoning districts, subject to the following conditions:

a) Ground-Mounted

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.

2) Free standing pole antennas are limited to the building height allowed in the applicable zone.

3) Location

All ground-mounted antennas are to be located in the rear yard, unless rear yard location provides an indirect line of site to the satellite, in which case may be located in the side yard. All applicable setbacks for accessory buildings shall apply.

4) Screening

All ground-mounted satellite dishes shall be screened up to five (5) feet with a solid wall or landscaping, so as not to be visible from adjacent properties.

5) Color

Antennas that are not fully screened by a wall or landscaping are prohibited from being either white or iridescent in color, and are encouraged to be a neutral color. Fully screened antenna may be of any color.

b) Building-Mounted

1) A building-mounted satellite dish that is one (1) meter (3.28 feet) or less in diameter and building-mounted antenna shall be permitted in any zoning district. Such antenna shall be fully screened.

2) Color

Fully screened antenna may be of any color.

3) Height

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.

2) The tower and equipment shall only be located in the rear yard.

3) There shall be a setback ratio of one to one (1:1) (one (1) foot of setback for each foot in height from all buildings, property lines and overhead wires).

4) The equipment shall be operated only by a Federally licensed amateur radio operator.

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.

3) A minimum two-thirds (2/3) of the satellite dish must be screened with either landscaping or a solid wall.

4) The maximum elevation of the foundation for a ground-mounted antenna is not to exceed one (1) foot.

5) Height

The maximum height of a building-mounted antenna that is over one (1) meter in diameter shall be the minimum height that is necessary for reception of radio waves.

ii. Commercial Antenna Standards

Antennas which are building mounted or ground mounted are permitted in all commercial or industrial zoning districts, subject to the following conditions:

a) Ground-Mounted

1) Satellite dishes are limited to two (2) meters (6.56 feet) or less in diameter, and up to five (5) feet in height.

2) Freestanding pole antennas are limited to the building height allowed in the applicable zone.

3) Location

All ground-mounted antennas are to be located 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. All applicable setbacks for accessory buildings shall apply.

4) Screening

All ground-mounted satellite dishes shall be screened five (5) feet up from the ground with a solid wall or landscaping, so as not to be visible from adjacent properties.

5) Color

Antennas that are not screened by a wall or landscaping are prohibited from being either white or iridescent in color, and are to be a neutral color. Fully screened antennas may be of any color.

b) Building-Mounted

1) A building-mounted antenna that is two (2) meters (6.56 feet) or less in diameter shall be allowed to be mounted on the roof. Such antenna shall be fully screened from the road and adjacent property.

2) Color

Fully screened antennas may be of any color.

c) Satellite dishes exceeding two (2) meters in diameter:

1) Approval from the Planning and Zoning Commission is required subject to the following standards:

2) Maximum diameter: fifteen (15) feet.

3) Ground-mounted satellite dishes 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.

4) A minimum two-thirds (2/3) of the satellite dish must be screened with either landscaping or a solid wall.

5) The maximum elevation of the foundation for ground-mounted antenna is not to exceed one (1) foot.

6) Height

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

i. Applicability

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 district building setbacks 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.

3) Equipment buildings must be placed in compliance with the underlying zoning setbacks for accessory buildings.

4) The equipment building or cabinet must be regularly maintained.

5) The maximum building height shall not exceed eighteen (18) feet.

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

For areas not utilized as a developed public or private park, golf course, or similar use, the following standards shall apply:

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 screened wall.

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.

4) Use of guy wires is prohibited.

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.

v) Entails any excavation or deployment outside the current site.

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:

A) They shall be located on existing buildings, utility poles, communication facilities, or other existing structures.

i) A replacement utility pole or structure may be utilized only if it closely resembles the original utility pole or structure.

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.

C) Unlimited collocations on all existing facilities.

D) Flagpoles utilized as an alternative concealment structure shall not exceed one and one-quarter (1.25) times the height of the nearest structure and a total diameter of thirteen (13) inches.

c) Tier II Minor Facilities

1) The Planning and Zoning Commission shall make a final determination on all Tier II applications, except when a proposed new facility exceeds the building height restrictions of the underlying zoning district. In this case, the Planning and Zoning Commission shall provide a recommendation prior to Town Council determination.

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.

B) Collocation on existing structures is subject to the following requirements:

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.

b) They are subject to a conditional use permit and requirements of Section 22.5.

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.

2) A minimum of one (1) parking space must be provided unless specifically waived by Town Council.

((O)11-15 , 2011.)

6. Convenience Uses

a. Standards for All Convenience Uses

i. Locational Requirements

a) Convenience uses shall be a minimum of two hundred fifty (250) feet from any property used or intended for residential purposes.

b) Convenience uses shall be a minimum of five hundred (500) feet from any public park or school.

c) The above distances shall be measured from the abutting edge of the residential district to the closest property line or lease line of the convenience use. The limit of the property line or lease line shall include all required parking, landscaping, and setbacks of the specific convenience use.

d) Convenience uses shall be ancillary to and located in shopping centers, office parks, or a combination of a shopping center and office park. Convenience uses shall not be permitted in office parks in an R-6 district.

ii. Number of Convenience Uses per Center

a) The total number of convenience uses shall not exceed one (1) pad per four and one-half (4.5) acres of shopping center or office park. No more than one (1) drive-in, drive-through, gas station, or convenience use shall be permitted for every nine (9) acres of office park.

iii. Access

a) No convenience use shall have direct vehicular access onto any street which provides a lower level of service than a collector street.

b) All convenience uses shall be accessed through a common driveway serving the center or office park. If traffic safety warrants, one (1) direct access per arterial frontage may be approved by the Town Engineer for an individual convenience use.

c) All convenience uses shall provide access points to the internal circulation driveways and parking areas of the center unless otherwise approved by the Town Council.

iv. Timing of Development

a) Convenience uses shall not be open for business until a minimum of fifty percent (50%) of the net floor area for the non-convenience use structures within the shopping center have been constructed.

((O)07-43, 2007.)

7. Daycare or Preschool

a. All daycare uses shall provide child drop-off areas with direct pedestrian access to the building entrance.

b. Drop-off areas shall be located a minimum of one hundred (100) feet away from any property used or intended for residential purposes.

8. Drive-Thru Uses, Not Including Banks

a. All drive-thru uses are subject to the requirements of subsections A.3 and B.6 of this section.

b. No drive-thru use may be visible 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).

9. Entertainment at a Bar, Restaurant or Private Club

a. Any entertainment at bars, restaurants or private clubs is subject to the noise requirements of subsection A.3 of this section.

b. The facility must be located a minimum of two hundred fifty (250) feet from any property used or intended for residential purposes.

c. The above distance shall be measured from the abutting edge of the residential district to the closest property line or lease line of the bar, restaurant or private club use. The limit of the property line or lease line shall include all required parking, landscaping, and setbacks of the specific bar, restaurant or private club use.

10. Farms and Ranches

a. Farm uses shall require a minimum of one hundred forty-four thousand (144,000) contiguous square feet.

b. Farm uses may include, but are not limited to, the following:

i. Field crops, truck gardening, berry or bush crops, tree crops, flower gardening, nurseries, and orchards.

ii. Grazing and raising of horses and livestock other than swine with no more than one (1) head of livestock more than six (6) months of age per thirty thousand (30,000) square feet of lot area.

iii. Raising of poultry, rabbits and similar small animals.

c. Ranch uses shall require a minimum of ten (10) contiguous acres.

11. Fire and Police Stations and Emergency Rescue Facilities, Private

a. A minimum property size of one (1) acre is required.

b. Buildings and associated parking may cover a maximum of seventy-five percent (75%) of the gross site area.

c. Vehicular Storage Areas

i. All fire, police and emergency vehicles shall be stored/serviced within a building or in an area enclosed by a six (6)-foot masonry wall. Said wall shall be finished to match the main building(s) on the site and shall be screened by plantings at least four (4) feet in height and spaced no more than four (4) feet apart.

d. Access

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.

e. Noise

i. When abutting a residential district, sirens on vehicles shall not be activated until emergency vehicles reach the nearest arterial street unless required to clear traffic.

12. Repealed by (O)20-06

13. Food Processing

a. No slaughterhouses, meat processing and/or packing plants, or any other facilities used in the reduction of animal matter, or rendering of fats or oils are permitted.

14. Gas Stations

a. All gas stations are subject to the requirements of subsection B.6 of this section.

b. A minimum building site of thirty-six thousand (36,000) square feet is required and lot frontage is to be not less than two hundred (200) feet, except that kiosk gas stations may be located on an existing or proposed pad within a shopping center.

c. Any associated vehicle queuing is prohibited in the required setbacks.

d. All on-site activities, except those to be performed at the fuel pumps, are to be performed at a kiosk window or within a completely enclosed building.

e. All restroom entrances shall be screened from view of adjacent properties or street rights-of-way by a decorative wall.

f. No outside storage of and no sale, lease or rental of trailers, trucks or similar equipment shall be permitted, except as may be specifically allowed in that zone.

g. All entrances to service bays shall be screened or face away from street frontage.

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 Town Building Official or, otherwise, must be prepared by a qualified registrant and approved by the Town Building 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.

b. Building Permit Required

A building permit must be obtained prior to construction of golf safety nets. A building permit will be withheld if:

i. Written Homeowners’ Association approval is not presented, or

ii. The design standards set forth in subsection a of this subsection have not been met.

16. Health Studio or Fitness Center

a. All activities must be conducted within an entirely enclosed building or a fully screened yard in accordance with Section 25.1.A.4.

17. Manufacturing Services

a. All activities must be conducted within an entirely enclosed building or a fully screened yard in accordance with Section 25.1.A.4.

b. All loading areas, including docks and platforms, shall not be visible from any property used or intended for residential purposes.

c. Manufacturing services shall be conducted in conformance with all of the following, or a conditional use permit will be required in accordance with Section 22.5.

i. Noise

Noise shall not be discernible at the property line.

ii. Odor

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. Vibration

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.

iv. Glare/Heat

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.

19. Medical Marijuana Uses

a. Medical Marijuana Dispensary

A permitted use subject to the standards below:

i. Supplemental Application

In addition to the standard required permit application, an applicant applying for a medical marijuana dispensary must complete a supplemental application that includes all of the following information:

a) If the application is by an agent for the owner, the authorization must include an explicit acknowledgment from the owner that the owner knows that the proposed use of the property is as a medical marijuana dispensary.

b) The legal name of the medical marijuana dispensary.

c) The name and address of each principal officer and board member of the nonprofit medical marijuana dispensary.

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 marijuana dispensary will meet the definition of “enclosed, locked facility” contained in A.R.S. Section 36-2801(6).

ii. Development Standards

a) A medical marijuana dispensary must be located in a permanent building and may not be located in a trailer, modular building, cargo container or motor vehicle.

b) A medical marijuana dispensary shall be set back a minimum of two thousand (2,000) feet from all other medical marijuana dispensaries measured from the parcel boundaries.

c) A medical marijuana dispensary 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.

d) A medical marijuana dispensary shall be set back a minimum of one thousand (1,000) feet from a child care center, measured from the parcel boundaries.

e) A medical marijuana dispensary shall be set back a minimum of one thousand (1,000) feet from a library or public park.

f) A medical marijuana dispensary shall be set back a minimum of one thousand (1,000) feet from a church.

g) A medical marijuana dispensary 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.

h) A medical marijuana dispensary may not have a drive-through service.

i) The maximum floor area of a medical marijuana dispensary is two thousand (2,000) square feet.

j) The secure storage area for the medical marijuana stored at the medical marijuana dispensary shall not exceed four hundred (400) square feet.

k) The permitted hours of operation of a medical marijuana dispensary are between the hours of 7:00 a.m. to 10:00 p.m.

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 marijuana dispensary 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 marijuana dispensary 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) A requirement that the medical marijuana dispensary is prohibited from permitting anyone to consume marijuana on the premises.

e) A requirement that the medical marijuana dispensary comply with applicable sections of Title 10 (Offenses) of the Oro Valley Town Code.

b. Medical Marijuana Dispensary Off-Site Cultivation Location

A permitted use subject to the standards below:

i. Supplemental Application

In addition to the standard required application, an applicant applying for a medical marijuana dispensary off-site cultivation location shall complete a supplemental application that includes all of the following information:

a) If the application is by an agent for the owner, the authorization must include an explicit acknowledgment from the owner that the owner knows that the proposed use of the property is as a medical marijuana dispensary off-site cultivation location.

b) The legal name and address of the affiliated medical marijuana dispensary.

c) The name and address of each principal officer and board member of the medical marijuana dispensary affiliated with the off-site cultivation location and the name and address of each medical marijuana dispensary agent.

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 of and type of security measures demonstrating that the medical marijuana dispensary off-site cultivation location will meet the definition of “enclosed, locked facility” contained in A.R.S. Section 36-2801(6).

ii. Development Standards

a) Medical marijuana dispensary off-site cultivation location must be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.

b) A medical marijuana dispensary off-site cultivation location shall be set back a minimum of two thousand (2,000) feet from all other medical marijuana dispensary off-site cultivation locations measured from the parcel boundaries.

c) A medical marijuana dispensary off-site cultivation location 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.

d) A medical marijuana dispensary off-site cultivation location shall be set back a minimum of one thousand (1,000) feet from a child care center.

e) The maximum floor area of a medical marijuana dispensary off-site cultivation location is two thousand (2,000) square feet.

f) The secure storage area for the medical marijuana stored at the medical marijuana dispensary off-site cultivation location shall not exceed one thousand (1,000) square feet.

g) A medical marijuana dispensary off-site cultivation location must be contained indoors.

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 conditions for issuance of the permit for a medical marijuana dispensary off-site cultivation location:

a) An expiration date for the permit that requires reapplication or renewal of the permit after a specified period of time.

b) A requirement that the medical marijuana dispensary off-site cultivation location 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) A requirement that the medical marijuana dispensary off-site cultivation location is prohibited from permitting anyone to consume marijuana on the premises.

e) A requirement that the medical marijuana dispensary off-site cultivation location comply with applicable sections of Title 10 (Offenses) of the Oro Valley Town Code.

c. Medical Marijuana Designated Caregiver Cultivation Location.

A permitted use subject to the standards below:

i. Development Standards

a) All conditions and restrictions for medical marijuana dispensary off-site cultivation locations except that the designated caregiver cultivation location cultivation area is limited to two hundred fifty (250) square feet.

b) More than one (1) designated caregiver may co-locate cultivation locations as long as the total cultivation area does not exceed two hundred fifty (250) square feet.

c) The designated caregiver location must comply with the security requirements of A.R.S. Title 36, Chapter 28.

d. Medical Marijuana Qualifying Patient Cultivation Location. A permitted use subject to the standards below:

i. Development Standards

a) The qualifying patient cultivation location must be located in the C-1 or C-2 Commercial District as a permitted use or as an ancillary use to the qualifying patient’s primary residence.

b) Medical marijuana cultivation as an accessory use to the qualifying patient’s primary residence must not be detectable from the exterior of the building in which the cultivation takes place.

c) The qualifying patient cultivation location must comply with the security requirements of A.R.S. Title 36, Chapter 28.

((O)16-08 , 2016; (O)10-13 , 2010.)

20. Repealed by (O)20-06

21. Mobile Food Units or Food Trucks

a. Mobile food units may be permitted as a service to specific clientele on private property as follows:

i. As an invited service to employees or guests of a temporary private function, not to exceed four (4) hours.

ii. As an invited service to employees or customers of a single commercial establishment, for a period not to exceed four (4) hours.

b. Mobile food units may be permitted as a service to the general public as a unit participating in an organized event through a special use permit or special event permit.

c. Location Requirements

i. Mobile food units may not operate at a public transit facility including bus stops and public “park and ride” areas.

ii. Mobile food units must be located outside of any required setbacks.

iii. Mobile food units must not present a traffic safety hazard as determined by the Town Engineer.

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

a. Applicability

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.

ii. Exceptions

a) Utility poles and wires erected prior to December 31, 1983.

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:

1) Poles

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.

3) Other

All replacement projects involving five thousand (5,000) feet or less of continuous poles and wires within a twelve (12) month period.

b. Approval Criteria for Conditional Use Permits

i. Applicable additions, modifications or new utility poles where none previously existed may have a significant visual impact and require consideration by the Planning and Zoning Commission and Town Council as a conditional use permit.

ii. A conditional use permit for any request shall be reviewed in accordance with Section 22.5.

iii. The primary consideration shall be aesthetics with the following factors also considered:

a) The location and height of such poles and wires and the relation to the present or potential roads;

b) The crossing of such lines over much traveled highways and streets;

c) Proximity of such lines to schools, religious institutions and other places where people may congregate;

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.

((O)18-10 , 2018; (O)07-33, 2007.)

23. Private Clubs

a. 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 private club use. The limit of the property line or lease line shall include all required parking, landscaping, and setbacks of the specific private club use.

24. Religious Institutions

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 restaurants using 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 restaurant volume 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.

26. Senior Care Facility

a. Recreational Area: Senior care facilities shall comply with the requirements of Section 26.5.

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.

iii. Senior care facilities are exempt from private outdoor living space requirements of the applicable zoning district.

iv. Recreational area may count toward the requirement for open space in subsection 26.b of this section.

b. Open Space: All senior care facilities shall provide a minimum of thirty percent (30%) of the net site area as open space, which shall supersede the open space requirement of the underlying zoning district.

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.

iii. Appropriate areas designated as environmentally sensitive open space (ESOS) that serve the intended purposes may also be credited to the open space calculation.

c. Resident Access Plan: All senior care facilities shall submit a resident access plan delineating the location of all residential units in a relationship to parking areas, recreation areas, indoor and outdoor amenities and support uses. The Town Council may approve the resident access plan when:

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.

d. All senior care facilities shall provide covered parking areas and protected passenger drop-off areas as required by Sections 27.7.D. and 27.7.G.4.e.

((O)15-16 , 2015.)

27. Sexually Oriented Businesses

a. Design Requirements

i. No drive-through shall be permitted.

ii. All entrances and windows shall be designed in such a manner as to not allow persons outside the building to observe into the building. No display windows are permitted.

iii. All canopies are to be connected to the roof of the main structure unless otherwise approved. Signage of any type is prohibited on canopies.

b. Location Requirements

i. No use shall be located less than one thousand five hundred (1,500) feet from any existing sexually oriented use, or within one thousand five hundred (1,500) feet of the property lines of any established religious institution/synagogue, public park or recreation area, any school or day care facility.

ii. Uses shall be ancillary to and located in shopping centers. Use shall not be permitted in office parks.

iii. Total floor area shall not exceed ten percent (10%) of the maximum allowable floor area ratio of the zoning district in which a shopping center is located. The total number of proposed uses shall not exceed one (1) pad per seventeen (17) acres of shopping center.

iv. Parking lots for this use shall be accessible through one (1) point of ingress and egress.

c. Architecture

i. The architectural character of the buildings shall be integrated with the design theme of the center through the use of the same predominant building materials,

shapes, details and colors. All parking, circulation, driveways, setbacks and signage shall be integrated with the entire design theme of the project.

d. Timing of Development

i. The conceptual design submittal for a shopping center shall be reviewed by Planning and Zoning Commission and Town Council prior to submitting or simultaneously with the approval of a conceptual design submittal for any sexually oriented business.

ii. Businesses shall not be open until a minimum of fifty percent (50%) of the net floor area of all other structures within the shopping center have been constructed.

e. Other

i. Permitted hours of operation shall be from noon to 10 p.m.

((O)11-15 , 2011; (O)06-06, 2006.)

28. Temporary Real Estate Sales Office

a. The office shall be located within a model home built 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.

30. Vehicle Rental Establishments

a. Parking lots used for the storage of rental vehicles, including moving services vehicles, shall meet the screening requirements of Section 27.6 Landscape Conservation.

b. In multi-tenant developments, vehicles shall not occupy parking spaces required for other uses.

c. There shall be no car washing, cleaning or repair activities of rental vehicles permitted on site.

31. Vehicle Repair Facilities

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 repair use.

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.

c. Vehicles awaiting service shall not be parked or stored in any vehicle PAAL or parking spaces required to meet off-street parking requirements of this code.

d. No outside storage, sale, lease or rental of trailers, trucks or similar equipment.

32. Vehicle Washes/Detailing

a. All vehicle washes/detailing uses must meet the requirements of subsection B.6 of this section.

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.

34. Warehousing

a. A showroom is permitted as an ancillary use in accordance with Section 23.8.F.

b. All loading areas, including docks and platforms, shall not be visible from any property used or intended for residential purposes.

c. All outdoor activity shall be conducted in accordance with Section 25.1.A.4 and fully screened in accordance with Section 27.6.C.5.

d. Warehousing services shall be conducted in conformance with all of the following or a conditional use permit will be required in accordance with Section 22.5:

i. Noise

Noise shall not be discernible at the property line.

ii. Odor

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.

iv. Safety

The distribution of goods shall not result in the creation of traffic hazards or undue congestion on any public or private street.

((O)20-06 , 2020; (O)15-16 , 2015.)