DMP2023001 Z2023039 BOS REPORT_PART4.PDF

Maricopa County — Formal (2023-10-18)

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WEST THIRTY-SIX
 GROSS ZONING PARCEL
4550 North 12th Street
Phoenix, Arizona 85014
Phone 602-264-6831
http://www.cvlci.com
NO SCALE
EXHIBIT

ARTICLE 803.2. USE REGULATIONS: A building or premises shall be used only for the 
following purposes: 
1.
Antique shops
2. 
Arcades*22
3.1. 
Art galleries 
4.
Automobile parts and supplies
5.2. 
Bakery shops, including baking on the premises for on-site sales only. 
6.3. 
Banks 
7.4. 
Barber and beauty shops 
8.5. 
Book, stationery and gift shops except adult oriented facilities as 
defined under Chapter 2.*2
9.
Business schools (such as: real estate, secretarial, data processing),
but not including trade schools.
10.6. Candy shops, including manufacturing of candy on the premises for on-
site sales only. 
11.7. Churches and houses of worship, including accessory columbariums 
provided that the building area of the columbarium shall not exceed 
10% of the total building area of the church building(s).*6, *22
12.
Cleaning agencies, laundry agencies, pressing establishments and self-
service laundries, including self-service dry cleaning machines, provided
there is no cleaning of clothes on the premises.
13.8. Clock and watch repair shops 
14.9. Clothing and dry good shops, including clothing and costume rental. 
15.10. Craft and hobby shops, with incidental craft or hobby instruction only. 
SECTION 803. C-1 (Neighborhood Commercial Zoning District) *1
Exhibit H

16.11. Day nurseries and nursery schools, including a playground and 
playground equipment which shall be screened from any adjoining rural 
or residential zoning district. 
17.12. Delicatessen shops 
18.13. Dress shops 
19.14. Drugstores and soda fountains 
20.15. Privately owned or operated stations for fire protection, police or 
security service, ambulance or other emergency service providers.*18
21.16. Florist shops 
22.
Gasoline service stations, provided all incidental repair work is
conducted wholly within a completely enclosed building and space
required for such repair work does not constitute more than 60% of
the floor area.
23.17. Grocery stores and meat markets, provided there is no slaughtering of 
animals or poultry on the premises. 
24.18. Hardware shops 
25.19. Household appliance shops 
26.20. Ice cream shops, including manufacturing of ice cream on the premises 
for on-site sales only. 
27.21. Interior decorator shops 
28.22. Jewelry shops 
29.
Key, locksmith or gun shops
30.
Liquor stores limited to retail sales of package goods for off-site
consumption.
31.23. Offices 
32.24. Photographer's and artist's studios 
33.25. Precision, optical and musical instrument repair shops

34.26. Private clubs and fraternal organizations *22
35.27. Private schools operated as a commercial enterprise, except trade 
schools. 
36.28. Public facilities such as libraries, museums, parks, playgrounds, 
community buildings including police stations, post offices and other 
community service buildings 
used for non-commercial non-profit 
purposes. 
37.
Public schools; elementary, high school and college
38.
Radio and television shops, including repair
39.29. Restaurants and cafes, including drive-through but not including  those 
having dancing or shows, or drive-in car service. The sale of alcoholic 
beverages for on-site consumption only may be permitted  as an 
accessory use if the kitchen facilities in the restaurant do not exceed 
20% of the floor area. Patios, cocktail lounges and outside dining and drinking 
areas shall be limited to a space serving no more than 50 patrons, and no 
entertainment or music shall be audible off site. *23
40.30. Secretarial or answering services 
41. 
Service to the public of water, gas, electricity, telephone, cable
television and sewage including wastewater treatment plants. The
foregoing shall 
be deemed 
to include attendant facilities and
appurtenances to these uses, including, without limitation, distribution,
collector and feeder lines, pumping or booster stations along pipelines,
and substations along electric transmission lines.*12
42.31. Shoe repair shops 
43.32. Tailor shops 
44.33. Variety or notion stores 
45. 
Video rental stores*8, *22
46. 
Any use permitted in the R-5 Multi-Family Residential Zoning District.*21
47.34. Accessory buildings and uses customarily incidental to the above uses. 
Renewable energy systems are not permitted as a primary

use but may be permitted as an accessory use as set forth in Section 
1206 of this Ordinance. Where renewable energy systems involve 
the generation or storage of electricity, only grid-connected or off-
grid systems are permitted.*16
48.35. Emergency housing - Temporary shelter required due to a natural 
disaster or fire or other circumstances determined to constitute an 
emergency by the zoning inspector.*9, *11
49. 
Temporary construction administration offices/yard complex –which
may include a security office or residence for a security guard provided
that the following conditions are met:*13, *22
a. 
The uses are only associated with the developer/owner and
subdivision or project in which they are located.*22
b. 
Upon sale of the development, cessation of the need for the use
(95% buildout), or cessation of the use, all structures,
modifications to structures and uses related to the temporary
facility removed.*22
c.
Those uses of structures allowed shall meet all building code
requirements.
d.
All items stored on site shall only be those required for the
construction on site.
e.
The allowed uses may encroach into setback areas.
f.
All necessary permits must be issued prior to placement on the
site.
50.36. Gardens and community gardens as defined in Chapter 2.*1

ARTICLE 804.2. USE REGULATIONS: A building or premises shall be used only for the 
following purposes:*21
1.
Any use permitted in the C-1 Zoning District subject to all the
regulations specified in the use regulations for such C-1 Zoning District
unless the use is otherwise regulated in this Section.*20
2. 
Adult oriented facilities as defined under Chapter 2, subject to the
following conditions: *11
a.
Adult oriented facilities shall not be located within 1,500 feet
of any other adult oriented facility.
b.
Adult oriented facilities shall not be located within 1,500 feet
of:
1.
A church; or
2.
A public or private elementary or secondary school; or
3.
A public or private day care center, preschool, nursery,
kindergarten, or similar use; or
4.
A public park or playground; or
5. 
A medical marijuana dispensary or a medical marijuana
offsite cultivation location. *18
c.
For purposes of measuring separation distances required in this
section, the measurements shall be taken in a straight line from
the closest exterior walls of any affected structures without
regard to intervening structures or objects or political
boundaries.
d.
An adult oriented business lawfully operating is not rendered in
violation of these provisions by the subsequent location of a
church, public or private elementary or secondary school, a park
or playground, or a medical marijuana dispensary or medical
marijuana offsite cultivation location within 1,500 feet of the
adult oriented business. *18
SECTION 804. C-2 (Intermediate Commercial Zoning District) *1

e.
This provision shall not be construed as permitting any use or
act which is otherwise prohibited or made punishable by law.
3.2. 
Art metal and ornamental iron shops. 
4.
Automobile laundries, provided steam cleaning is confined to a
building.
5.
Automobile repair shops and garages, including an outside vehicle
storage area to be used for vehicles under repair which shall be
completely screened from any street or surrounding property, and
further provided all repair operations are conducted within a building.
6.
New and used, automobile and golf cart sales, and rentals provided all
sales, service, and repair activities are conducted within a building.
*10, *13, *15
7.3. 
Awning and canvas stores. 
8.4. 
Bars, including retail sales of package goods for off-site consumption, 
provided that there is no entertainment or music audible offsite. 
9.5. 
Health spas and public gyms. *2
10.6. Blueprint, photostat and reproduction (copy) services. 
11. 
Boat sales, including an outside display area, providing all sales and
repair activities are conducted within a building. *15
12.
Cabinet and carpenter shops.
13.7. Catering establishments not utilizing any manufacturing process or 
outside storage of materials or vehicles. 
14.8. Conservatories or studios: Art, dancing or music. 
15.9. Department stores. 
16.10. Drive-in restaurants and refreshment stands. 
17.
Electrical fixtures and appliance sales, repair and service.
18.
Feed stores, inside storage only.
19.
Funeral homes, mortuaries and chapels.

20.11. Furniture stores including: New, used, finished or unfinished 
merchandise. 
21. 
Gas (butane or propane), retail sales of.*6
22.12. Hospitals, group care facilities and detoxification facilities. *21 & *24
23.13. Hotels, resorts, motels. *21
24.14. Laboratories, medical or dental. 
25.15. Farm animal (horse, cattle and other farm animal) medical clinics and 
surgical hospitals. *21
26.16. Liquor stores. 
27.17. Nurseries, flower and plant sales, provided all incidental equipment and 
supplies including fertilizer and empty cans, are kept within a 
completely enclosed building or within an area enclosed on all sides by 
a solid fence or wall at least six feet in height and no goods, 
materials or objects are stacked higher than the fence or wall so 
erected. 
28.18. Paint and wall paper stores. 
29.19. Parking lots and public garages, subject to parking standards in 
Chapter 11, Section 1102. 
30.20. Pet shops, including the treatment or boarding of cats, dogs or other 
small animals.*21
31.
Plumbing shops.
32.
Pool halls or billiard centers.
33.
Radio and television broadcasting stations and studios, but not
including transmitter towers and stations.
34.21. Rental services:  Household, lawn, garden, sickroom  or office 
equipment. 
35.22. Restaurants and cafes, including patios, cocktail lounges, and outside 
dining and drinking areas, provided there is no amplified entertainment 
or music audible off-site. *14, *22

36.23. Retail stores. 
37.
Taxidermists.
38.24. Theaters, but not including a drive-in theater and adult oriented 
facilities as defined under Chapter 2. *2
39.
Tinsmith shops.
40.25. Trade schools. 
41.
Upholstery shops.
42.26. Veterinary hospitals, clinics and kennels for dogs, cats and small 
animals. *21
43. 
Self-storage facilities.*21
44.27. Accessory buildings and uses customarily incidental to the above. 
45. 
Medical 
Marijuana 
Dispensary 
Facilities 
and/or 
Marijuana
Establishment as defined in Chapter 2 of this Ordinance subject to all
rules adopted by the Arizona Department of Health Services and to the
following conditions:*20 *23
a.
Medical 
Marijuana 
Dispensaries 
and/or 
Marijuana
Establishments shall not be located within 1,500 feet of any
other Medical Marijuana Dispensary and/or Marijuana
Establishments. *23
b.
Medical 
Marijuana 
Dispensaries 
and/or 
Marijuana
Establishments shall not be located within 1,500 feet of: *23
1.
A church; or
2.
A public or private elementary or secondary school; or
3.
A public or private day care center, preschool, nursery,
kindergarten, or similar use; or
4.
A public park or playground; or
5.
An adult oriented facility.

c. 
For purposes of measuring separation distances required in 
this section, the measurements shall be taken in a straight line 
from the closest exterior wall of the subject building to the 
closest boundary line of any affected parcel without regard to 
intervening structures or objects or political boundaries. 
 
d. 
A 
Medical 
Marijuana 
Dispensary 
and/or 
Marijuana 
Establishment lawfully operating is not rendered in violation 
of these provisions by the subsequent location of a church, 
public or private elementary or secondary school, a 
kindergarten or preschool or similar use, or a park or 
playground within 1,500 feet of the Medical Marijuana 
Dispensary and/or Marijuana Establishment and/or Medical 
Marijuana Offsite Cultivation Location. *23 
 
e. 
This provision shall not be construed as permitting any use or 
act which is otherwise prohibited or made punishable by law. 
 
f. 
The facility may only have retail sale / dispersal of product, 
with cultivation, extraction and infusion to the on-site retail 
sale / dispersal of product. A Marijuana Establishment as 
defined in Chapter 2 of this Ordinance shall be limited to type 
‘A’ only. *23 
 
46. 
Halfway houses.*24 
 
47.28. Boarding houses. *24