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A. Principal Use Permitted: (Not requiring a use permit).

(Revised by Ord #368; Res 1507; Adopted 10/13/15; Eff 11/13/15)

1. Amusement place in a completely enclosed building

2. Artist Studios – art production on site is subject to the performance standards of the Commercial District

3. Assisted living facilities including convalescent homes, hospice care and retirement centers

4. Bed and Breakfast Country Inn

5. Commercial, trade and vocational schools

6. Community Supported Agriculture (CSA) disbursement locations

7. Farmers Markets

8. Funeral Parlors without a crematorium

9. Hotels and motels

10. Manufacturing, production and assembly of boutique consumable products using sustainable practices that minimize negative environmental impacts while conserving energy and natural resources. Re-use or re-purposing of by-products is encouraged. All such activity shall be conducted within completely enclosed building. A portion of the products manufactured on site shall be sold at retail on the premises. (Created by Ordinance #358 on 3/11/14; Effective 4/11/14)

11. Medical Marijuana Dispensary in a storefront location. (Created Ordinance #331 – Effective 04/08/11)

a) Total floor areas for medical marijuana shall not to exceed 1,500 square feet b) The facility must have windows facing the street with window coverings open during business hours c) One secure entrance/exit where the purchasing area is located d) Located no closer than 500 feet from a public school, day care, pre-school through 12th grade e) No use of medical marijuana shall be allowed on the premises f) Shall not dispose of marijuana remnants or by-products in exterior refuse containers and shall be properly ventilated to filter the odor from marijuana so that the odor cannot be detected by a person with a normal sense of smell at any adjoining use or property g) Any associated storage facility where medical marijuana or its by-products are stored shall be located in a building with appropriate security measures.

12. Museums

13. Parking lots

14. Personal service uses, including barber shops and beauty parlors, day spas, dressmakers, tailors, tattoo parlors and other personal service uses of a similar nature.

15. Professional and business offices, including clinics, banks and financial institutions and medical/dental offices

16. Public garage, including storage and repair in accordance with Subsection 1: Performance Standards #3:Storage facilities

17. Religious institutions

18. Repair shops for household small appliances, bicycles, and personal items

19. Residential uses including single family and multi-family

20. Restaurants, taverns, bars and sidewalk cafes in conformance with Section 4-160. (Created 2/14/12 Resolution 1388-Ordinance 342; Effective 3/14/12)

21. Retail sales including florist shops and greenhouses in connection with such shops

22. Self-service laundry and cleaning establishments

B. Accessory Uses Permitted: (Not requiring a use permit).

1. Private garages and private workshops.

C. Conditional Uses Permitted: (Use permit required).

(Revised by Ord #368; Res 1507; Adopted 10/13/15; Eff 11/13/15)

(Revised by Ord #384; Res 1543; Adopted 5/9/17; Eff 6/9/17)

1. Agriculture Tourism

2. Agritourism Enterprise

3. Convenience stores/filling stations provided bulk storage of inflammable liquids is underground. No repair shop or vehicle storage shall be permitted except in conformance with the Zoning Code.

4. Croplands

5. Day Care Center (child or adult)

6. Medical Facilities, Licensed Inpatient and Outpatient

7. Outside display & sale of goods & merchandise: outside storage

8. Storage facilities

9. Wholesale establishments and warehouses, including the packaging of consumable products for retail sales distribution. (Created by Ordinance #358 on 3/11/14; Effective 4/11/14)

10. Any use not listed but determined by the Community Development Director to be similar in commercial character and use.

D. Maximum Building Height: 50 feet

E. Minimum Lot Size: None

F. Minimum Lot Frontage: 25 feet

G. Maximum Floor Area Ratio: None

H. Minimum Yards Required: None

I. The Performance Standards for CB Districts are:

1. Traffic and curbs- No development will be permitted which permits or encourages vehicular traffic to back into the highway right-of-way, or to otherwise unduly restrict or interrupt the normal flow of through traffic. Curbs shall be installed in front of each developed parcel.

2. Landscaping and paving- All open areas of an improved lot shall be maintained in a dust free condition by landscaping with trees, shrubs, or suitable ground cover. Undisturbed natural growth is encouraged. Covering with material that will provide an all-weather surface is an alternative.

3. Storage facilities- Outdoor storage shall be permitted only in rear yards or side yards when accessory to a permitted use. All areas used for storage shall be enclosed on all sides by a masonry wall or solid fence. No materials or products shall be stacked or stored to exceed the height of the wall or fence; or as otherwise designated by the Board of Adjustment.

4. Illumination- Illumination of buildings, parking areas and loading facilities shall be so arranged as to eliminate glare toward streets and adjoining properties.

5. Noise- At no point on the boundary of residential or business zones shall the sound pressure level of an individual operation or plant exceed the decibel levels in the designated octave banks shown below (excluding operation of motor vehicles or other transportation facilities):

Maximum Sound Pressure

Octave

Cycles

Bank

Per Second

Level in Decibels

.0002 Dynes per CM2

0

to

75

72

75

to

150

67

150

to

300

59

300

to

600

52

600

to

1200

46

1200

to

2400

40

2400

to

4800

34

Above

4800

32

Sound levels shall be measured with a sound level meter and associated octave band filter manufacture according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noise shall be capable of being accurately measure with equipment. Noises capable of being so measured, of the purpose of this section, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels.

Noises incapable of being so measured, such as those of an irregular or intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

6. Smoke- No emission of smoke from any source shall be permitted to exceed a greater density than that density described as No. 1 on the Ringleman Chart. However, smoke may be emitted, which is equal to but not darker than No. 2 on the Ringleman Chart, for not more than four (4) minutes in any thirty (30) minute period. For the purpose of grading the density of smoke, the Ringleman Chart as published by the U.S. Bureau of Mines shall be the Standard.

7. Glare or Heat- Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard along lot lines.

8. Odors- No Emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive or such a manner as to create a nuisance or hazard beyond the property lines.

9. Vibration- No vibration shall be permitted which is discernible beyond the lot line to the human sense of feeling for three (3) minutes or more duration in any one (1) hour of the day between the hours of 7:00 a.m. to 7:00 p.m., or of thirty (30) seconds or more duration in any one hour during the hours of 7:00 p.m. & 7:00 a.m.

10. Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution- No emission shall be permitted which can cause damage to health, to animals, to vegetation, to other forms of property, or which can cause any excessive spoiling.

11. Liquids and Solid Waste- No wastes shall be discharged in the streets, drainage ways or property which is dangerous to the public health and safety, and no waste shall be discharged in the public sewage system which endangers the normal operation of the public sewage system.

12. Frontage Road- In those CB areas which are immediately adjacent to any state or federal highway, the owner shall, upon use of said property, construct at hi won expense a frontage road providing access to said highway. The frontage road shall be constructed according to the specifications of the Town of Clarkdale, Arizona.

13. Screening- An owner of CB property whose property is immediately adjacent to any property having the zoning classification other than Industrial shall, at his own expense, at the time of use of the property, construct a screen on his property to act as a barrier between his property and adjacent property having a more restrictive zoning classification. The screen may consist of plantings and/or a fence of solid construction as prescribed by the Town of Clarkdale upon application of the owner at the time the property is put to use.

J. Signs: Sign requirements for this zone are outlined in Section 7. (Prior code §  3-9)