§ 153.117. INDUSTRIAL ZONE.

(A) Purpose. The objective in establishing an Industrial Zone is to provide employment opportunities within the town, and space for manufacturing, warehousing, fabrication, wholesaling, service and other similar establishments in a location compatible with one another and protected from other types of uses. Industrial uses are to be located with access to a major street, highway or other means of transportation and the availability of public utilities. Industrial Zones shall be maintained in a neat, sanitary manner with appropriate landscaping or fencing for the benefit of residents and visitors to the community.

(B) Allowable uses.

(1) Industrial uses of various kinds;

(2) Public buildings or facilities; and

(3) Public utilities.

(C) Conditional uses.

(1) Caretaker or security buildings; and

(2) Uses similar to the above and judged by the Planning and Zoning Commission to be in harmony with the intent and purpose of the zone.

(3) Medical marijuana dispensary, subject to the requirements found in division (G) below.

(4) Marijuana infusion food establishment, subject to the provisions found in division (G) below.

(a) A notarized authorization executed by the property owner acknowledging and consenting to the proposed use of the property as a marijuana food infusion establishment.

(b) Shall be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.

(c) A medical marijuana food infusion establishment shall have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m.

(d) Shall not emit dust fumes or vapors into the environment.

(e) Shall prohibit consumption of marijuana and alcohol on the premises.

(f) Shall display a current town business license applicable to medical marijuana uses.

(g) Shall not be operated as a home business anywhere within the town.

(5) Medical marijuana qualifying patient cultivation location. A qualifying patient may cultivate at their place of residence subject to compliance with all applicable law, including applicable health regulations and any rules promulgated by the Arizona Department of Health and any other authorized regulatory agency.

(6) Medical marijuana designated caregiver cultivation location.

(a) All conditions and locations apply except that the restrictions for medical marijuana dispensaries and off-site cultivation location area is limited to 250 square feet maximum including any storage area.

(b) Any medical marijuana designated caregiver cultivation location may be required to comply with all applicable law, including applicable health regulations and any rules and any rules promulgated by the Arizona Department of Health and any other authorized regulatory agency.

(D) Uses specifically excluded. Uses which give rise to excessive or offensive odor, noise, fumes, dust, radiation or danger of explosion or contamination.

(E) Height requirements. No building or other structure shall be erected to interfere with solar rights of neighbor.

(F) Area, width and yard requirements.

(1) Minimum setback from front property line: 25 feet (adjacent to non-residential) and 100 feet (adjacent to residential);

(2) Street side, side yard setback: 20 feet;

(3) Side yard setbacks: minimum five feet (if non-residential) and 25 feet (if adjacent to residential); and

(4) Rear yard setbacks: ten feet.

(G) Modifying regulations.

(1) All storage, except vehicles in running order, shall be stored in an enclosed building or within an enclosure surrounded by a solid fence or wall of not less than six feet in height and no material or merchandise so stored shall be stored at a height above the top of the fence or wall.

(2) Storage of “junk” partially or completely dismantled automobiles shall be stored as required in division (G)(1) above.

(3) All outside parking areas shall be lighted during evening working hours.

(4) Where any industrial use or zone adjoins a lot in a residential zone, there shall be a fence constructed along the common property line as required in division (G)(1) above.

(5) In addition to any other application requirements, an applicant for any medical marijuana dispensary or a medical marijuana dispensary offsite cultivation location conditional use permit and shall provide the following:

(a) A notarized authorization executed by the property owner acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary or a medical marijuana dispensary offsite cultivation location as applicable.

(b) The legal name of the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location.

(c) If the application is for a medical marijuana dispensary offsite cultivation the name and location of the medical marijuana dispensary with which it is associated.

(d) The name, address and birth date of each officer and board member of the nonprofit medical marijuana dispensary.

(e) The name, address, birth date and valid registry identification card number of each nonprofit medical marijuana dispensary agent.

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

(g) A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has been convicted of any of the following offenses:

1. A violent crime as defined in A.R.S. § 13-901.03(B) that was classified as a felony in the jurisdiction where the person was convicted.

2. A violation of state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted except an offense for which the sentence including any term of probation, incarceration or supervised release was completed ten or more years earlier or an offense involving conduct that would be immune from arrest, prosecution or penalty under A.R.S. § 23-8161 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the state of Arizona.

(h) A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has served as an officer or board member

that has had its registration for a medical marijuana dispensary certificate revoked.

(i) A floor plan showing the location, dimensions and type of security measures demonstrating that the medical marijuana dispensary offsite cultivation location will be

secured enclosed and locked as required by law.

(j) A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location to the property boundary of the parcel containing any existing uses listed in division (5)(l) below. If any of the uses are located within 50 feet of the minimum separation the drawing showing actual surveyed separations shall be prepared by a registered land surveyor.

(k) A medical marijuana dispensary offsite cultivation location shall:

1. Be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.

2. A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m.

3. Not have drive through service.

4. Not emit dust fumes, vapors or odors into the environment.

5. Prohibit consumption of marijuana and alcohol on the premises.

6. Display a current town business license applicable to medical marijuana uses.

7. A medical marijuana dispensary location may not be operated as a home business anywhere within the town.

8. No person under the ago of 18 shall be allowed in a medical marijuana dispensary.

(l) A medical marijuana dispensary or medical marijuana dispensary offsite cultivation shall meet the following minimum separations:

1. Two-thousand feet from any other medical marijuana dispensary or medical marijuana dispensary offsite cultivation location.

2. Two-thousand feet from a residential substance abuse diagnostic and treatment facility or other, residential drug or alcohol rehabilitation facility.

3. One-thousand feet from a public, private, parochial, charter dramatic dancing music learning center or other similar school of educational facility that caters to children.

4. One-thousand feet from a childcare center.

5. One-thousand feet from a public library or public park.

6. One-thousand feet from a church.

7. One-thousand feet from a facility devoted to family recreation or entertainment.

8. A medical marijuana dispensary offsite cultivation location not associated with a medical marijuana dispensary is prohibited and only one medical marijuana dispensary offsite cultivation location shall be permitted for the single medical marijuana dispensary with which it is associated.

9. The number of medical marijuana dispensaries permitted within the town limits shall be limited to two. The number of permitted medical marijuana dispensaries shall be increased by one for each town population increase of 5,000 over and above the official 2010 census figure for the town.

(H) Industrial park plan.

(1) Purpose. The objective in establishing the Industrial Zone is to provide space for warehousing, light manufacturing, fabrication, wholesaling, service and other similar commercial establishments which are combined with manufacturing or warehousing uses and to locate these establishments in a location compatible with one another and where they are convenient to the other commercial and industrial zones in the town. In addition, these regulations seek to preserve healthy air and water qualities and visual esthetics for the benefit of the residents of the area, and in no part will contradict existing county, state or federal regulations.

(2) Permitted, conditional and prohibited uses.

(a) Permitted and conditional uses.

1. In the following list of possible uses, those designated in any zone as “P” will be a permitted use. Uses designated by the letter “C” are allowed as a conditional use. If they are not designated, they are not permitted, except as may be otherwise approved by the Planning and Zoning Commission.

Automobile repair shop	P
Automobile storage yard, not salvage yards	C
Caretaker’s dwelling, incidental to the use of the land for industrial purposes	P
Carpenter, electrical, plumbing or heating shops	P
Concrete mixing and batching plants	C
Dry cleaning plant	P
Farm and construction equipment sales, rental and service	P
Feed, cereal or flour mill	C
Fertilizer and soil conditioner	P
Food processing wholesale, excluding fish, meat, vinegar, yeast and fat	C
Foundry, lightweight casting, non-ferrous without noxious odors or fumes	C
Furniture upholstery shop	P
Honey extraction and processing	C
Ice manufacturing and storage	P
Insulation sales and service	P
Knitting mill	P
Livestock feed processing and storage	C
Machine shop general	P
Manufacturing establishments	P
Pest control and extermination	P
Planing mill	P
Plumbing shop	P
Printing	P
Publishing or lithography shops	P
Rubber welding	C
Sandblasting	C
Seed and feed store retail	P
Sheet metal	P
Sign manufacture or sign painting	P
Storage rental units	C
Testing laboratory	C
Tire recapping or retreading	C
Truck sales and repair	P
Truck terminal	P
Warehouse storage	P
Welding shop	P

2. Other uses similar to the above and judged by the Planning and Zoning Commission to be in harmony with the intent and purpose of the zone.

(b) Prohibited uses. The following uses shall be excluded from the county, animal byproducts plants; blast furnaces, offal and animal reduction, incineration or processing; manufacturing, compounding or processing of chlorine gas, acid, cement, lime, gypsum, plaster of Paris, creosote, fertilizer from animal byproducts, pyroxylene rubber reduction; processing or treatment of fish; and similar uses which give rise to excessive or offensive odor, noise, fumes, dust, radiation, danger of explosion, or other hazardous waste of any type.

(3) Site development standards.

(a) Minimum lot area: 0.75 acre;

(b) Setbacks (in feet):

1. Front: 25;

2. Side: 25;

3. Street side: 25; and

4. Rear: 25.

(c) Minimum zone area: 30 acres; and

(d) Site plan approval.

1. A site plan shall be submitted, drawn to scale and of sufficient size and detail to show building locations, yard setbacks, ingress and egress drives, parking areas, landscaped areas and other improvements as may be required relating to the specific use proposed.

2. The site plan, or an additional plan drawn to the same scale, shall show utility locations, including water, power, telephone, cable TV, sewer or septic tank locations, fire hydrants, street improvements and other public improvements as may be required.

3. Planning and Zoning Commission review and approval shall precede the issuance of any building permit for site improvements, or construction permit for utility systems.

(4) Special provisions.

(a) Storage of materials and merchandise. All storage and merchandise shall be stored in an enclosed building or within an enclosure surrounded by a sight obscuring fence or wall of not less than six feet in height, and no material or merchandise shall be stored to a height greater than that of the enclosing fence or wall.

(b) Junk. Storage of “junk” or partially or completely dismantled automobiles shall be enclosed within a sight obscuring wall or fence of not less than six feet in height, and material so stored shall be kept below the height of the fence or wall.

(c) Solid waste storage facilities. Solid waste storage facilities shall be located at the rear of the main building or else behind a sight obscuring fence or wall which will prevent the facility from being seen from a public street.

(d) Protection of adjoining residential property or highway frontage. Where any Industrial Zone adjoins any lot in a residential zone, there shall be provided and maintained along the property line a decorative sight obscuring fence or wall, or a ten-foot wide planting strip, or any combination of fencing and landscaping, which, in the opinion of the Planning and Zoning Commission, will adequately protect the adjoining residential property or enhance the visual impact from the adjoining highway.

(e) Parking spaces required for non-residential areas. Notwithstanding all provisions of this section, all commercial, industrial and professional developments and all other non-residential uses of land shall provide sufficient off-street parking for all employees, business vehicles and equipment, customers, clients and patients of the business, industry or professionally used property, as may be required by the Planning and Zoning Commission in addition to spaces presently required by this title. No on-street parking will be allowed.

(f) Lighting. All outside parking areas shall be lighted during evening work hours. All lights shall be down-casted, and directed away from residential and highway areas. Lights shall not be of an intensity that obstructs or interferes with local resident’s enjoyment of the night sky. A small light shall be permitted for the purposes of illuminating the U.S. flag.

(g) Utilities and fire protection.

1. All developments shall be served by a source of culinary water, sewer or septic tank, as may be approved by the Southwest District Public Health Department, electrical power from a power company whose area of service covers the proposed business site location, and adequate water for fire protection as required by Ch. 152 of this code of ordinances.

2. Where utility companies are involved in providing these services, a letter shall be submitted from each company along with the site plan required in this chapter.

(h) Hours of operation. The Planning and Zoning Commission may establish hours of operation in order to eliminate excess noise, lighting or other nuisances.

(i) Dumping or disposal. The use of land for the dumping or disposal of scrap iron, junk, rubbish or other refuse, or of ashes or other industrial waste or byproduct, shall be prohibited in every zoning district unless otherwise provided in this title.

(1974 Code, § 18-4-9) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. passed 3-25-2008; Ord. 11-004, passed 10-11-2011)