Section109

SECTION 109 - USE DISTRICTS

Those incorporated areas of Camp Verde are subject to the provisions of this Ordinance are hereby divided into Use Districts which together with the General Provisions (where applicable) control the Uses and Structures, and their manner of installation and operation in the various incorporated areas. Any use or structure not specifically permitted by District Provisions (or analogous to a permitted use or structure) shall be deemed prohibited and unlawful (nor shall same be considered an accessory Use or Structure for the District). The following comprises the various Use Districts and their order (from higher to lower) in applying the change of use provisions of the Ordinance:

A. R1L DISTRICT (Residential: single family limited)

B. R1 DISTRICT (Residential: single family & cluster units)

C. R2 DISTRICT (Residential: multiple dwelling units)

D. RCU DISTRICT (Residential & conditional use permits)

E. RS DISTRICT (Residential & services)

F. PI DISTRICT (Parking)

G. C1 DISTRICT (Commercial: neighborhood sales & services)

H. C2 DISTRICT (Commercial: general sales & services)

I. C3 DISTRICT (Commercial &- minor industrial)

J. PM DISTRICT (Performance Industrial)

K. MI DISTRICT (Industrial: general limited)

L. M2 DISTRICT (Industrial: heavy)

M. PUD DISTRICT (Planned Unit Development)

N. RCD DISTRICT (Residential Camping District)

0. OS DISTRICT (Open space resource conservation zone)

P. PAD DISTRICT (Planned Area Development)

Q. MIXED USE DISTRICT - LOW

R. MIXED USE DISTRICT - HIGH

S. AG DISTRICT (Agricultural)

A. R1L DISTRICT (single family limited)

1. DISTRICT PROVISIONS: Supplementary or supplanting General Provisions (Section 108).

a. Where no Density District has been combined, then all provisions of the D8 District shall prevail.

b. Any use permitted subject to securing a use permit indicated thus: (UP)

2. PERMITTED USES AND STRUCTURES:

a. Dwelling unit for one family on any one lot (except pre-fab dwellings).

b. Religious institutions (in permanent buildings).

c. Educational institutions (including private schools, provided they offer a curriculum of general instruction comparable to similar public schools).

(UP) d. Community parks, playgrounds or centers.

(UP) e. Government facilities and facilities required for the provision of utilities and public services.

f. Golf courses with accessory uses such as pro shops, shelters, rest rooms, etc. (but not commercial driving ranges or miniature putting courses).

g. Farm animal: See Section 108D Livestock allowances and limitations.

h. Accessory uses and structures (located on the same lot with the principle uses and structures and including the following):

(1) Swimming pools in other than the front yard.

(2) Quarters for servants and/or non-paying guests attached to the dwelling (prohibited facilities for preparation of food).

(3) Temporary offices and construction sheds and yards incidental to a recorded subdivision development or other construction project for a period not exceeding twelve (12) months (prohibited closer to lot boundary than is allowed for a principle building in the District).

(4) Open land confectionery and recreation facilities accessory to religious or educational institutions (confined to same lot).

(5) Household pets.

(6) Fences and free standing walls.

(7) Appurtenant signs (See Section 118).

(8) Parking facilities to meet no less than the minimum requirements as provided under the General Provisions.

(9) Home Occupations.

(a) Signs per Section 118, Non-Commercial signs.

i. Occupancy of temporary housing, including travel trailers, during the construction of a permanent dwelling is allowed during the twelve (12) months period after issuance of a building permit. A permit must be obtained prior to occupancy of the temporary housing. Fees for temporary dwelling permits shall be determined by the Town Council.

B. R1 DISTRICT (single family and cluster dwellings)

1. DISTRICT STIPULATIONS: Supplementary or supplanting

General Provisions (Section 108).

a. Where no Density District has been combined, then all provisions of the D10 District shall prevail.

b. Any use permitted subject to securing a Use-Permit: (UP)

2. PERMITTED USES AND STRUCTURES:

a. All principle and accessory uses and structures permitted in RIL District.

b. Dwelling unit for one family on any one lot.

c. Government facilities and facilities required for the provision of utilities and public services.

(UP) d. A group of dwelling units (attached or detached) each having separate individual ownership and providing common services and recreation facilities under unified management (the maximum number of such units allowed on a lot shall not exceed the number of times the gross area of such is divisible by the minimum lot area allowed for the District).

(1) Such allowance shall in no case exempt the requirement of maintaining yards adjacent to the exterior site boundaries.

e. Additional accessory uses and structures (located on the same Iot with the principle uses and structures and including the following).

(1) Home Occupations.

(a) Signs per Section 118, Non-Commercial signs.

(2) Roomers or boarders (not to exceed two such for any one dwelling unit).

(3) Farm animals: See Section 108D Livestock allowances and limitations.

e. Provided that any new dwelling units built or placed upon the site are built in accordance with the Uniform Building Code as adopted, or built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act and bearing a label certifying it complies with the Federal Manufactured Housing Construction and Safety Standards Act.

C. R2 DISTRICT (multiple dwelling units)

1. DISTRICT PROVISIONS: Supplementary or supplanting General Provisions (Section 108).

a. Where no Density District has been combined, then all provisions of D3 District shall prevail.

2. PERMITTED USES AND STRUCTURES:

a. All principle and accessory uses and structures permitted in the RI and R1L Districts.

b. Multiple dwelling units and apartment hotels in conformity with the Density Formula for the District.

c. Lots abutting an arterial highway permitted following:

(1) Rooming and boarding houses

(2) Fraternity and sorority houses

(3) Orphanages and homes for aged

d. Provided that any new dwelling units built or placed upon the site are built in accordance with the Uniform Building Code as adopted, or built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act, and bearing a label certifying it complies with the Federal Manufactured Housing Construction and Safety Standards Act.

e. Home Occupations
(1) Signs per Section 118, Non-Commercial signs.

f. Government facilities and facilities required for the provision of utilities and public services.

D. RCU DISTRICT (Residential-Rural)

1. PURPOSE:

This RCU District is intended to achieve the following purposes:

a. To provide a zoning classification for all areas of the incorporated area of Camp Verde not presently characterized by urban uses.

2. PERMITTED USES AND STRUCTURES:

a. All uses allowed in the R1L, R1, and R2 Districts.

b. Uses allowed with a (UP) in the R1L, R1, and R2 Districts, unless otherwise noted.

c. Home Occupations

(1) Signs per Section 118, Non-Commercial

(UP) d. Expanded uses with a valid Use Permit.

(1) Signs per Section 118, Non-Commercial signs.

e. All uses with a valid use permit in effect as of November 18, 2001 will retain all rights associated with the use permit for the term of that use permit. Said use permit may be extended for additional terms at the sole discretion of, and as may be modified by, the Town Council.

3. DISTRICT PROVISIONS: Supplementing or supplanting the General Provisions (Section 108)

a. Notwithstanding any other provision of this Ordinance, including any density designation, no lot or parcel zoned RCU shall have a density less than two (2) acres.

E. RS DISTRICT (Residential and Services)

1. DISTRICT PROVISIONS: Supplementary or supplanting General Provisions (Section 108).

a. Where no Density District has been combined, then all provisions of D3 District shall prevail.

b. Any Use permitted subject to securing a use-permit indicated thus: (UP)

2. PERMITTED USES AND STRUCTURES:

a. All principle and accessory uses and structures permitted in any higher-ranking District.

(1) Where the lot is contiguous to a lower ranking District requirement for securing a use-permit is waived (unless otherwise herein provided).

(UP) (2) Swimming pools may be located in a required front yard.

(UP) b. Offering of personal services within enclosed buildings (such as, but not limited to beauty and barber, massage, photography, group instruction, tailoring and small appliance repair).

(1) Such operations shall not include the offering of materials or equipment for sale.

c. Hospitals, clinics, sanitariums and nursing homes for the care of humans.

d. Offices wherein only professional, administrative, clerical or sales services are conducted.

(UP) e. Mobile/manufactured home parks.

f. Private clubs and lodges operated solely for the benefit of bona fide members.

(UP) (1) Including outdoor recreation or assembly facilities.

(UP) g. Nursery schools.

h. Transmitter stations and towers for automatic transmitting.

i. Revival tents and similar temporary operations.

j. Sign allowances (See Section 118).

k. Home Occupations

(1) Signs per Section 118, Non-Commercial signs.

F. P1 DISTRICT (PARKING)

To serve one purpose only - that of assuring continued maintenance of vehicular parking areas in compliance with the parking requirements of this Ordinance.

1. DISTRICT STIPULATIONS: Supplementary or supplanting General Provisions (Section 108).

a. Installation, operation and maintenance of parking facilities shall be in accordance with the parking requirements of the General Provisions (together with any other neighborhood protective requirements upon which the P1 Zoning approval may be contingent).

2. PERMITTED USES AND STRUCTURES:

a. Vehicular parking facilities to provide all or a portion of the parking appurtenant to a permitted use in a District.

b. Signs (See Section 118)

G. C1 DISTRICT (Commercial: Neighborhood sales and services)

1. DISTRICT STIPULATIONS: Supplementary or supplanting General Provisions (Section 108).

a. Installation, operation and maintenance of the permitted uses and structures shall be compatible with the neighborhood development.

b. Storage of materials and supplies, displays (other than signs), listings and other non-residential uses are restricted to buildings closed on all sides (except as may otherwise be permitted herein).

c. Intoxicating beverage sale restricted to that of off-site consumption only (except as is otherwise permitted under any of the higher ranking Districts).

d. Where no Density District has been combined, then the provisions of the D2 District shall prevail for dwelling units, hotels and motels.

e. Any use permitted subject to securing a use-permit indicated thus: (UP)

2. PERMITTED USES AND STRUCTURES:

a. All principle and accessory uses and structures permitted in any higher ranking District; and providing further that unless specifically provided to the contrary the following are waived:

(1) Requirements for use-permits (except for lots contiguous to Residential Districts).

(UP) b. Mobile home courts.

c. Retail sales, except second hand sales (other than antique art items).

(1) May include baking and confection cooking for on-site sale only.

d. Commercial art galleries.

e. Restaurants and cafes, but prohibiting vending from openings in buildings.

f. Business offices, banks and similar.

g. Custom service and craft shops as follows: (but limited to 3,000 square feet of shop floor area):

barber, beauty, massage, tailor and cleaning pickup; key and gun,

photographic, fixit (home appliance, saw, mower, clock, radio, TV

and similar); precision and musical instrument; optical.

h. Launderettes (limited to machines not exceeding 25 pounds capacity according to manufacturer's rating).

i. Dancing, art, music and business schools, (prohibiting public recitals, concerts or dances).

j. Automotive service stations as an open land-use mechanism equal or better than minimum requirements of Underwriters Laboratories Inc.).

k. Parking facilities for employees, customers and other appurtenant parking (but limited to no more than 2 trucks for any one commercial project).

l. Signs (See Section 118)

3. YARD REQUIREMENTS: None, except as provided under the General Provisions and except as follows;

a. Any Residential District uses shall maintain the same yards required by the Density District, except that where dwelling units, or guest units occupy an upper floor (the ground floor of which is used for business) such upper floor may maintain the same yards as are permitted for the ground floor.

b. A front yard of no less than 20 feet shall be required where the proposed building is on a lot contiguous to a Residential Zoned lot fronting on the same street (unless waived in writing by the owner of such Residential Zoned lot).

c. Where the side lot line is common the sideline of a Residential Zoned lot, the side yard shall be no less than 7 feet.

d. Where the rear lot line is contiguous to a Residential Zoned lot, the rear yard shall be no less than 15 feet.

4. BUILDING HEIGHTS: See Section 108 - G - Density.

5. BUILDING DENSITY: See Section 108 - G - Density.

H. C2 DISTRICT (Commercial: General sales and services) (Revised 09/25/2002)

1. DISTRICT STIPULATIONS: Supplementary or supplanting General Provisions (Section 108).

a. Storage of materials and supplies, displays (other than signs), listings and other non-residential uses are restricted to buildings closed on sides facing lot perimeter (except as may otherwise be permitted herein).

b. Where no Density District has been combined, then the provisions of the D1 District shall prevail for dwelling units, hotels and motels.

c. Any use permitted subject to securing a use-permit indicated thus: (UP).

2. PERMITTED USES AND STRUCTURES:

a. All principle and accessory uses and structures permitted in any higher ranking District; and providing further that unless specifically provided to the contrary the following are waived:

(1) Requirements for use-permits (except for lots contiguous to Residential Districts).

(2) Area limitations for uses and buildings.

(3) Limitations on hours of operation.

b. Sales (retail and wholesale) and rentals.

c. Commercial parking facilities.

d. Bars, tap rooms and nightclubs.

e. Theaters, auditoriums, banquet and dance halls.

f. Dancing, art, music, business and trade schools (including permission for public recitals, concerts and dances).

9. Commercial bath and massage.

h. Frozen food lockers.

i. Custom craft and service shops as follows (but limited to 5,000 square feet of shop floor area).

(1) Cleaning and dyeing limited to closed unit machines with self-contained transmission and using solvents, shampoos, detergents and other agents of chlorinated solvent type and having a rating of five or under by Underwriters Laboratories Inc.

j. Bowling alleys and poolrooms.

k. Water distillation and bottling for retail sales only and limited to 5,000 square feet of shop floor area.

l. Mortuaries (loading, unloading and automobile stacking confined to mortuary premises).

m. Vending for on or off-site consumption of foods, confections, non-intoxicating drinks (and other refreshments) through openings in buildings (no such vending allowed within 300 feet of a public or parochial grade or high school).

n. General repair of automobiles, light trucks, recreational vehicles, cycles, and small stationary or portable machinery entirely within enclosed buildings or attached enclosures of solid material at least 6 (six) feet in height, but excluding the following:

(1) Any fabrication by means of welding, cutting, heating, bending, moulding, forging, grinding, milling or machining. (Such operations are permissible as an adjunct to repair only).

(2) Frame work or major body or fender work;

(3) Any work on vehicles outside permitted structures or

enclosures, unless on the service apron of a gasoline service station;

(4) Any unscreened outside storage of parts, materials, or

disabled vehicles;

(5) Any draining or dumping of oil, fuel, grease, cleaning fluids or hazardous materials on the pavement, gravel, ground, drainage system or in any other unauthorized place or method;

(6) Any hours of operation between 10 p.m. and 6 a.m. within 200 feet of any parcel zoned or used for residential purposes;

(7) Any use or structure failing to comply with applicable local and state fire safety standards.

o. General sales of new and used automobiles, light trucks, recreational vehicles, travel trailers, mobile homes, boats, boat trailers, utility trailers, motorcycles, ATC's, bicycles and small stationary or portable machinery within enclosed buildings. Outside display of such vehicles or similar merchandise shall be permitted only when meeting the following requirements:

(1) A site plan acceptable to the Planning and Zoning Department shall be submitted prior to the creation or expansion of outside display.

(2) Where an area of outside display is contiguous to a parcel or parcels zoned or used for residential purposes:

a) A set back of the display area of at least twenty (20) feet shall be maintained from the abutting parcels.

(3) Where an area of outside display abuts a street on the side or rear which is contiguous to a parcel or parcels zoned or used for residential purpose:

(a) A set back of the display area of at least twenty (20) feet shall be maintained from the abutting street right of way

(4) Where an area of outside display abuts a public right of way (or a private street used as if it were a public right of way) a set back of the display area shall be maintained meeting the following minimum conditions:

(a) Twenty (20) feet from the nearest edge of pavement (or useable road surface); and

(b) Six (6) feet from the right of way line.

(5) No outside display shall interfere with required parking or maneuvering room for employees and customers, not with required loading areas, nor with fire lanes to the building(s) nor with pedestrian ways or crosswalks, nor with safe sight distance for ingress and egress.

(6) Paving of display area shall meet minimum county road standards.

(7) Landscaping of a six foot strip around the periphery of the display area shall be maintained, except were a zero setback is permitted, such as on internal lot line adjacent to a commercial zone.

(8) Lighting of the display area shall be reduced (to the minimum necessary for security purposes) between hours of operation.

(9) No unscreened outside storage of parts, nor outside display or parking of vehicles or accessories not in operating and saleable condition shall take place on the premises (whether or not other outside display is taking place).

p. Veterinary clinics and hospitals for the diagnosis, and treatment of household pets and other small animals (under 100 lbs.) entirely within an enclosed building not exceeding 3,000 square feet. Boarding of animals incidental to their diagnoses or treatment shall be permitted provided that:

(1) The boarding area is entirely within the same building as the clinic or hospital and does not exceed 50% of the total floor area;

(2) The boarding area is either completely sound proofed or is no closer than 300 feet to any contiguous parcel of property.

(3) No on-site incineration shall be permitted.

q. Pet shops within enclosed buildings not exceeding 1,500 square feet for the display and sale of household pets and other small animals (under 100 lbs.) provided that:

(1) The pet shop is either completely sound proofed or is no closer than 300 feet to any contiguous parcel of residential property zoned or used for residential purposes.

(2) No on-site incineration shall be permitted.

r. Signs (See Section 118)

3. YARD REQUIREMENTS: Same as for C1 District.

4. HEIGHT OF BUILDINGS: See Section 108 - G.

5. BUILDING DENSITY: See Section 108 - G.

I. C3 DISTRICT Commercial and minor industrial) (Revised 09/25/2002)

1. DISTRICT STIPULATIONS: Supplementary or supplanting General Provisions (Section 108).

a. Where no Density District has been combined, then the provisions of the D1 District shall prevail for hotels and motels.

b. Any use permitted subject to securing a use-permit indicated thus: (UP).

2. PERMITTED USES AND STRUCTURES:

a. All principle and accessory uses and structures permitted in any higher ranking District (except dwelling units and mobile home courts); and providing further that unless specifically provided to the contrary the following are waived:

(1) Requirements for use-permits (except for lots contiguous to Residential Districts).

(2) Area limitations for uses and buildings.

(3) Limitations on hours of operation.

(4) Confining of uses to closed (or partially closed) buildings.

b. Exceptions: One living quarters is allowed to be located with the commercial structure for a caretaker or security person employed by the primary use of the property. The quarters must be built to commercial building standards and meet all current building and zoning regulations.

c. Sales facilities (retail and wholesale).

d. Lumber yards (prohibiting milling and planning operations).

e. Custom warehouses within closed building and not including animals (limited to 15,000 square feet of floor area).

f. Craft shops and work, storage and equipment yards in connection therewith (limited to 15,000 square feet of floor area).

(UP) g. Cemeteries for human or animal internment.

h. Pet shops within closed building.

i. Small animal hospitals for diagnosis, treatment or boarding (limited to 5,000 square feet of floor area entirely within a closed building).

(UP) (1) Outdoor runs, pens and cages and/or larger building (no less than 100 feet from any Residential District for such outdoor use), with special consideration to the neighborhood reaction to the use-permit application; type and number of day and night animal guests; whether to restrict to diagnosis and treatment, or to permit

boarding; the extent of outdoor activity; total lot and use area; limitations on permit duration.

j. Transportation terminal and transfer facilities within closed building (limited to 15,000 square feet. of floor area).

k. Cleaning and dyeing plants within closed building (limited to 15,000 square feet of floor area).

l. Body and fender shops within closed building.

m. Commercial ballrooms, arenas, gymnasiums, rinks, pools and indoor shooting galleries.

n. Public auction within closed building and not including livestock sales.

o. Bottling plants confined to closed building (limited to 15,000 square feet of floor area).

p. Custom tire recapping.

q. Signs (See Section 118).

3. YARDS REQUIREMENTS: Same as for C1 and C2 Districts.

4. HEIGHT OF BUILDINGS: See Section 108 - G.

5. BUILDING DENSITY: See Section 108 - G.

J. PM DISTRICT (Performance industrial)

Intended to promote the development and operation of certain uses, such as, but not limited to, laboratories, light manufacturing and assembly, in such a restricted and limited manner that, because of the limitations on type of structures and uses, control on height and density, prohibitions against open land facilities, omission of such nuisances as fumes, odors, noise, glare and vibration, prohibition of general retail sales and service or other uses that cater to the general public, and the landscaping requirements, so as to protect and foster residential desirability adjacent to such industries. The prohibition of residential uses is intended to preserve the PM zoned land for the industrial development.

1. DISTRICT STIPULATIONS: Supplementary or supplanting General Provisions (Section 108).

a. Residential uses prohibited (including dwelling units, mobile home courts, motels, hotels and similar).

b. General retail sales and service or other uses that cater to the public, are prohibited.

c. All uses as provided herein confined to closed buildings (except parking, loading and unloading).

d. Space for parking shall always be kept available to provide no less than 2 square feet of land area for each square foot of building area.

e. All development must progress in accordance with a general layout, architectural and landscape plan to assure a development compatible with the intent of the District.

(1) Such layout shall provide a landscaped area 50 feet in depth adjacent to any street and may not contain any other uses or structures except for walks, drives, signs and lighting.

2. PERMITTED USES AND STRUCTURES: Provided such shall meet the intent and purpose of the District.

a. All principle and accessory uses and structures permitted in any higher ranking District (except those prohibited herein under the District Stipulations).

b. Manufacturing, machining, tooling, assembly, fabrication, processing, compounding, packaging, mixing, molding; equipping and decorating, glazing, repairing, servicing, cleaning, winding, printing and publishing, binding, weaving, knitting, sewing, baking, cooking, roasting, pickling, brewing, distilling, plating, polishing.

c. Warehouses.

d. Motion picture productions, radio and television studios.

e. In-plant restaurants as an appurtenant use, and including roof or landscaped patio dining facilities.

f. Signs (appurtenant) - similar to provisions of the C1 District for such signs.

3. LOT AREA AND DIMENSIONS:

a. No lot shall be established smaller than 100 foot width, 300 foot depth and 70,000 square foot area, nor to exceed a depth of 650 feet unless it can be shown that a greater depth will not block projected streets or alleys.

4. YARD REQUIREMENTS:

a. 50 feet adjacent to any street or alley

b. 50 feet adjacent to any Residential Zoned lot and 25 feet adjacent to any other lot.

5. BUILDING HEIGHTS: See Section 108 - G - Density.

6. BUILDING DENSITY: See Section 108 - G - Density.

7. BUILDING SPACING: See Section 108 - G - Density.

K. M1 DISTRICT (Industrial: General limited)

Intended to provide the type of industrial facilities that, while not necessarily attractive in operational appearances, are installed and operated in a manner so as not to cause inconvenience to other uses in the District (or to adjacent Districts).

1. DISTRICT STIPULATIONS: Supplementary or supplanting General Provisions (Section 108).

a. Where uncertainty exists as to compliance with the intent of this District (in differentiating between the light and heavy character of the proposed use), the Board of Adjustments shall determine.

2. PERMITTED USES AND STRUCTURES:

a. All principle and accessory uses and structures permitted in any higher ranking District (except dwelling units, mobile home courts, hotels, motels, rooming and boarding houses and similar); and provided further that unless specifically provided to the contrary the following are waived:

(1) Requirements for use-permits (except for lots contiguous to Residential Districts).

(2) Area limitations for uses and buildings.

(3) Limitations on hours of operations.

(4) Confining uses to closed (or partially closed) buildings.

(5) Prohibitions against livestock and other animals.

c. Dispensing of gasoline and similar petroleum products from exposed storage tanks (subject to requirements of Underwriters Laboratories Inc. or similar), provided no such tank shall be located closer than 25 feet to the lot boundaries.

d. Manufacturing, machining, tooling, assembly, fabrication, welding, milling, molding, equipping, decorating, glazing, repairing, servicing, cleaning, winding, printing, publishing, pickling, brewing, distilling, salvage (but not wrecking), equipment, material and dead storage yards, plating and polishing, meat packing (no slaughtering except rabbits and poultry), animal treating, boarding, breeding and sales, warehousing (including elevators), freight yards, circuses and carnivals, race tracks, and stadiums.

e. Signs (See Section 118).

f. Adult oriented businesses as defined in ARS 11-821G provided that no such adult oriented business shall operate in violation of ARS 13-1422 or other applicable law nor be within 500 feet of an existing adult oriented business.

3. YARD REQUIREMENTS: Same as for Commercial Districts.

4. BUILDING HEIGHTS: See Section 108 - G - Density.

5. BUILDING DENSITY: See Section 108 - G - Density.

L. M2 DISTRICT (Industrial: Heavy)

Intended for all types of industrial uses except hazards to health and property; with controls of air and stream pollution, radiation, fire and explosion dangers.

1. DISTRICT STIPULATIONS: Supplementary or supplanting General Provisions (Section 108)

a. Inspector must deny any proposed use or structure where uncertainty exists as to compliance with intent of the District; or where he finds such use will exhaust or emit air or stream pollutants, and may accept an application for a use-permit to operate in some modified manner.

2. PERMITTED USES AND STRUCTURES:

a. All principle and accessory uses and structures permitted in any higher ranking District (except dwelling units, mobile home courts, hotels, motels, rooming and boarding houses and similar); and provided further that, unless specifically provided to the contrary, the following are waived:

(1) Requirements for use-permits (except for lots contiguous to Residential Districts).

(2) Area limitations for uses and buildings.

(3) Limitations on hours of operation.

(4) Confining of uses to closed (or partially closed) buildings.

(5) Prohibitions against livestock and other animals.

b. All other legal uses except as may pollute the air or streams, or present latent radiation, explosion, or fire danger (except as may be permitted under a use-permit in a modified manner).

3. YARD REQUIREMENTS: Same as for Commercial and MI Districts

4. BUILDING HEIGHTS: See Section 108 - G - Density.

5. BUILDING DENSITY: See Section 108 - G - Density.

M. PUD (Planned Unit Development)

1. PURPOSE: A parcel of land planned as a single unit for residential uses rather than as an aggregate of individual lots, with increased flexibility in site regulations (such as setbacks) or land use restrictions (such as mixed residential use). The greater flexibility in locating buildings and combining residential uses make it possible to achieve economies of construction as well as preserving open space. Thus, the Planned Unit Development designation allows the site planner to propose the best use and arrangement of the land, with fewer constraints than those imposed by the existing zoning. Site planners can arrange buildings in any desirable manner, eliminate setbacks to save natural features, reduce the length and width of roads, cluster without side yards, etc.

2. SCOPE: The Planned Unit Development Regulations that follow shall

apply generally to the initiation and regulation of all Planned Unit Development Districts. Where there are conflicts between the special P.U.D. regulations and the general zoning, subdivision or other regulations or requirements, these regulations shall apply in P.U.D. Districts unless the Commission shall find, in the particular case, that the provisions herein do not serve the public to a degree at least equivalent to such general zoning, subdivision or other regulations or requirements. Where actions, designs or solutions are not literally in accordance with applicable P.U.D. or general regulations, but the Commission makes a finding in the particular case that the public purposes are satisfied to an equivalent or greater degree, the Commission may make specific modification of the regulations in the particular case (other than area or off-street parking). Except as indicated above, notwithstanding procedures and requirements generally in effect, set forth herein and in guides and standards officially adopted as part of the regulations for particular classes of Planned Unit Development Districts shall apply in Planned Unit Development Districts, to any amendments creating such districts, and to issuance of all permits therein.

3. INTENT: Within districts now existing or which may hereafter be created, it is intended to permit establishment of new P.U.D.: Planned Unit Development Districts for specialized purposes where tracts suitable in location, area, and character for the uses and structures proposed are to be planned and developed on a unified basis. Suitability of tracts for the development proposed shall be determined primarily by reference to the Comprehensive Plan, but due consideration shall be given to existing and prospective character of surrounding development. Within P.U.D. Districts, regulations adapted to such unified planning and development are intended to accomplish purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are designed to control unscheduled development on individual lots, and to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious variety, creative design, and a better environment.

4. PLANNED UNIT DEVELOPMENT DEFINED: For purposes of these regulations, a planned unit development is:

a. Land under a unified control, to be planned and developed as whole;

b. In a single development operation or a definitely programmed series of development operations, including all lands and buildings;

c. For principle and accessory structures and uses substantially related to the character and purposes of the district;

d. According to comprehensive and detailed plans that include not only streets, utilities, lots, or building sites and the like but also site plans and floor plans for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and

e. With a program for provision, operation, and maintenance of such area, facilities, and improvements as will be for common use by some or all of the occupants or visitors to the district, but will not be provided, operated, or maintained at general public expense.

5. WHERE AND HOW PERMITTED: Planned Unit Development Districts may hereafter be established by amendment to the official zoning map and related amendatory action where tracts suitable in location and character for the uses and structures proposed are to be planned and developed on a unified basis, according to the requirements and procedures set forth herein. P.U.D. Districts shall be appropriately located with respect to intended functions, to the pattern and timing of development existing or proposed in the Comprehensive Plan, and to public and private facilities existing or clearly to be available by the time the development reaches the stage where they will be needed.

6. PHYSICAL CHARACTER OF THE SITE: RELATION TO SURROUNDING PROPERTY: The site shall be suitable for development in the manner proposed, without hazards to persons or property, on or off the tract, from probability of flooding, erosion, subsidence, or slipping of the soil, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage, and topography shall be appropriate to both kind and pattern of use intended.

7. APPLICATION FOR PLANNED UNIT DEVELOPMENT:

a. Application: An application to establish a Planned Unit Development shall be filed by the owner or owners having title to all of the property in the area proposed for the Planned Unit Development. Every application shall be accompanied by a fee in the amount established by resolution, to be determined by the Board. Application to establish a Planned Unit Development shall be filed with the Planning Director and no application shall be accepted unless it is complete and verified as to the correctness of information given by the signature of the applicant attesting thereto.

b. Site Plan Required: There shall be filed with the application an

accurate map, drawn to scale of not less than one hundred (100) feet to an inch, showing the boundaries of the site; the proposed location and horizontal and vertical dimension of all buildings and structures to be located on the site; the proposed location and dimensions of "open space" within the site; the location, dimensions, and design of off-street parking facilities showing points of ingress and egress from the site; the location, direction, and bearing of any major physiographic features, such as drainage ways and/or existing topographic contours, at intervals

of two (2) feet for grades up to five (5%); five (5) feet for five (5%) to ten (10%) grades, and ten (10) feet for grades over ten (10%).

c. Submittal To Other Departments: Whenever a Planned Unit Development is granted, in conjunction with a subdivision map and/or site development plan, each phase of the development or building proposal shall be submitted to the Planning Staff, Health Department, County Engineer, and other agencies as may be designated by the Planning Director, where the underlying compliance is in their area of jurisdiction for the evaluation and comparison with the original plan, before any building permits are issued.

d. Procedure: A preliminary development plan may be submitted to the Commission for its review and recommendations. The applicant shall, within six (6) months of the date of application, submit a final development pIan containing sufficient information to identify the character, location, and extent of uses and improvements as specified herein. Upon receipt of a final development plan, the Planning Director shall cause the same to be checked and verified, and if found to be consistent with the intent and purpose of the Ordinance, it shall be scheduled for public hearing by the Commission and the Board. The petition, notice, and procedures for the public hearing shall conform with petition, notice and public hearing procedures prescribed under Section 113.

e. Action By Commission: Upon completing its public hearing on the final development plan, the Commission shall forthwith transmit its recommendation to the Board.

(1) The recommendation of the Commission shall include the reasons for approval or disapproval of the plan, and if recommended for approval to give specific evidence and facts showing that the plan meets with the following:

(a) That the building shall meet use regulations (M.8). Customary accessory uses, such as

off-street parking; community facilities, such as

schools, parks, and playgrounds.

(b) That the average area per dwelling unit shall not be

less than that required by the district regulations

otherwise applicable to the site.

facilities and recreational uses to meet the needs of

the anticipated population to be served, if needed and in accordance with the Comprehensive Plan.

(d) That the proposed Planned Unit Development will

not adversely affect adjacent property or the

permitted uses thereof.

(e) Documents in final form to be recorded setting forth

the method of conveying the title, the type of estate

to be granted, the method of maintaining the open

areas and service areas, and the conditions of use

of the "open space" or recreation areas shall be

submitted to and approved by the Planning

Commission. The following minimum standard

shall be maintained:

[1] The right to use the recreational facilities

and service areas shall be appurtenant to

ownership of residential units within the

development, and shall be made a covenant

to run with the land.

[2] Provisions shall be made for maintenance

of the common service areas by a

corporation, partnership, trust or other legal

entity having the right to assess or place a

lien upon the individual lot owners for all

necessary costs and/or expenses.

(2) The recommendations of the Commission may include reasonable additional conditions as deemed necessary to promote the purpose of this Ordinance, including but not limited to the following:

(a) Yards and "open spaces".

(b) Fences and walls, or other screening.

(d) Surfacing of parking areas and specifications.

(e) Street improvements, including provision of service roads or alleys when practical and necessary, and assurance for construction of said improvements.

(f) Regulation of points of vehicular ingress and egress.

(g) Regulation of signs.

(h) Landscaping and maintenance thereof.

(i) Maintenance of grounds.

(j) Screening of trash collectors.

f. Action by the Council: Following conclusion of its public hearings, the Council may approve the Planned Unit Development stipulating those conditions it deems necessary to carry out the purpose of this Ordinance. If the Planned Unit Development is approved, it shall be incorporated as part of the District Maps and identified thereon by appropriate reference number and/or symbol.

1) Plan Amendments shall be processed in the same manner as the initial development plan for the Planned Unit Development.

2) Time limit on Planned Unit Developments - One (1) year from the date of approval, a Planned Unit Development approval shall become void if a building permit has not been issued, unless a different time period is made a condition of the approval. An extension of approval may be granted by the Council if the applicant files for an extension prior to the initial approval becoming void.

8. USE REGULATIONS

Uses Permitted: Buildings, structures, or premises within the Planned Unit Development shall be used only for the following uses:

a. Single family dwelling, two-family, multi-family; detached,

semi-detached, and attached.

b. Community facilities, such as schools, parks, and playgrounds.

c. Signs subject to the limitations of the district within which the sign

is located.

d. Clubs not operated primarily for commercial purposes.

9. LAYOUT AND DESIGN REQUIREMENTS

In consideration of a proposed Planned Unit Development, the regulations, requirements, and standards of the district in which the project is located, shall only insure compatibility. The Commission may recommend to the Council modification of such regulations, requirements, and standards. The layout and design shall be subject to the following limitations:

a. Yards

The yard requirements for the district in which the Planned Unit Development is located shall apply to all exterior boundary lines of the site.

b. Open Space

The distance for "open spaces' between buildings shall:

1) not be less than ten (10) feet. An accessory use may be

located within the front one-half (1/2) of a lot, provided they

are not nearer the front lot line than the main building or buildings. And

2) be a minimum of twenty-five (25) per cent of the total site area

of the Planned Unit Development dedicated or reserved as

usable, common "open space" land. Common "open

space" lands shall be clearly designated on the plan to include

the character of Use and Development, and shall not include:

(a) vehicular driveways, parking, loading, and storage areas,

nor,

(b) dedicated streets, alleys, or other public rights-of-way.

c. Density

The average area per dwelling unit shall not be less than that required by the Density Chart for Planned Unit Developments.

d. Building Height

The height of a building shall not exceed thirty (30) feet (measured from

ground level).

DISTRICT AVG. AREA MAX. BLDG. MIN. BLDG.

PER UNIT COVERAGE SPACING

3 3000 sq ft 50% 10

4 4000 50% 10

5 5000 50% 10

7.5 7500 50% 10

10 10,000 50% 10

TWENTY (20) FOOT SETBACK REQUIRED FROM THE PERIPHERAL BOUNDARIES EXCLUSIVE OF INGRESS AND EGRESS.

Note: Lots over 10,000 square feet, see Section 108, Density District Regulations.

N. RCD DISTRICT (Residential Camping District)

1. PURPOSE: This district. is intended to cover the operation of resident camps which are either private, public, religious, organizational or agency camps. Resident camps are not restricted from operating trip camps, schools, travel, outpost, over-night or day camping programs.

2. DEFINITIONS:

Resident Camping: Is a sustained experience which provides a creative,

recreational, educational or religious opportunity in group living in the

out-of-doors in which campers live at a site for one or more consecutive

nights, not. to exceed 90 days.

Resident Camp Sleeping Units: A building or group of buildings

containing guest rooms or dwelling units. For density formula purposes,

two (2) such guest rooms, RV's or tents may be counted as one dwelling

unit. Each four (4) beds shall be counted as one guest room.

3. PERMITTED USES AND STRUCTURES:

a. All principle and accessory uses and structures permitted in R1L.

b. Up to 10% of alI allowable units may be recreational vehicles spaces.

c. Meeting, dining and other structures and services required to provide for residents of the camping programs.

d. Resident camp sleeping or dorm facilities.

4. DISTRICT PROVISIONS: Supplementary of Supplanting General Provisions (Section 108)

a. Land coverage shall not exceed twenty percent (20%).

b. All provisions of D25 District shall prevail.

c. Space between buildings shall not be less than 20 feet.

d. Peripheral setback requirements shall be 60 feet of maintained

open space (not to allow parking and storage).

e. Building Heights: A maximum of 30 feet..

f. Non-conforming Uses:

(1) One-hundred percent expansion of the number of bed units allowed under an existing nonconforming use within original camp boundary.

(2) Where dwelling units are combined with nonresidential uses or structures on a conforming lot, then each 800 square feet (or fraction thereof) of area occupied by such shall be deducted from the total Density Formula area in determining the number of units allowed.

(3) Existing camps may be exempted from the requirement of this Ordinance, except in the expansion of said camps, thereby areas of expansion shall be in conformance with the requirements of this Ordinance.

(4) Cumulative expansion of fifty percent 50% or more shall result in the full compliance (except existing buildings) of the existing camp with the terms of this Ordinance. Such expansion shall be within original camp boundaries.

0. OS DISTRICT (Open Space Resource Conservation Zone)

1. PURPOSE:

To preserve scenic and recreational areas for public and/or private use.

2. USES ALLOWED:

a. Agriculture and Cultivation

b. Flood Control Facilities

c. Historical Landmarks

d. Public or Private Parks, Golf Courses, Golf Driving Ranges.

e. Other Outdoor Recreational Facilities.

(UP) f. Public Utility Installation and Facilities.

g. Change of Use: Any change in the status of use shall be approved by the

Planning and Zoning Commission.

3. YARD REQUIREMENTS: Building height and building density shall be in accordance with the provisions of the density district.

4. DISTRICT PROVISIONS: Two (2) signs, each sign not to exceed six (6) square feet of panel area, may be permitted. Signs may utilize indirect illumination.

P. PAD (Planned Area Development)

1. PURPOSE:

A Planned Area Development (PAD) is intended to:

a. provide for various types and combinations of land uses (such as commercial centers, single and multifamily housing, industrial complexes, and public spaces) through the adoption of a development plan;

b. to establish planning and development control parameters while allowing sufficient flexibility to permit final detailed planning at the time of actual development, and to permit flexibility in design, placement of buildings, use of open spaces, etc.;

c. to encourage and permit unified planning to achieve a compatible mixture and variety of land uses within the PAD District and with the existing and anticipated development in the surrounding area;

d. to accomplish the purpose of zoning and other regulations to an equivalent or higher degree than where such regulations are designed to control development on individual lots;

e. to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious variety, creative design, and a better environment;

PAD Districts may be established where tracts suitable in location, area, and character for the uses and structures proposed will be planned and developed on a unified basis. Suitability of tracts for the development proposed shall be determined with reference to the Comprehensive Plan, and to the existing and prospective character of surrounding development.

2. SCOPE:

a. The development, of a PAD District. may proceed by increments to be called "development units".

b. The PAD District is intended to be overlayed onto any combination of the specified zoning districts included with the Camp Verde Zoning Ordinance, and the PAD designation shall control the land use regulations otherwise permitted within the districts, as set forth herein. The permitted uses allowed, the yard, height, and area requirements, and other requirements within the district shall be those permitted or required within the appropriate zoning district with which the PAD District is combined, except where herein modified. (For example the PAD allows for multiple family dwellings; yards, fences, storage, etc. shall follow the regulations of the applicable zoning district, which is R-2) PAD regulations shall apply generally to the initiation and regulations of all PAD Districts. Where there are conflicts between special PAD regulations and the general zoning or other regulations, these PAD regulations shall apply in the PAD District unless the Commission shall find, in the particular case, at the time of rezoning application, that the provisions herein do not serve the public to a degree at least equivalent to such general zoning, or other regulations.

c. Where actions, designs or solutions are not literally in accord with applicable PAD or general regulations, but the Commission makes a finding in the particular case that the public is served to a equivalent or greater degree, the Commission may recommend specific modification of the regulations, other than area for off-street parking, (See 6f).

3. PLANNED AREA DEVELOPMENT DEFINED:

For the purpose of this Ordinance, a Planned Area Development shall:

a. Be a single development operation or a definitely programmed series of development operations.

b. Be for principle and accessory structures and uses substantially related to the character and purposes of the district.

c. Be developed according to comprehensive and detailed plans that include the locations of streets, utilities, lots, building sites and other uses; also site plans and floor plans for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings.

d. Include a program for provision, operation, and maintenance of such areas, facilities, and improvements as will be for common use.

4. USES PERMITTED:

The Planned Area Development shall be -used only for the following:

a. Single family dwelling, two-family, multi-family; detached, semi-detached, and attached.

b. Mobile home parks and subdivisions in accordance with the provisions of this Ordinance and any additional requirements the Commission or Board may deem necessary to fulfill the intent of the requirements herein.

c. Home occupations when indicated as part of the development plan or when in accordance with the provisions of Section 109B.2.d(l).

d. Community facilities and public areas such as schools, parks, and playgrounds.

e. Neighborhood retail uses and other non-residential uses limited to those enumerated in the C1 and C2 districts may be specifically and selectively authorized as to type and size only when integrated by design as an essential element of the development, and only in an area proposed to be appropriately zoned for said use and approved as provided herein.

f. Industrial uses when designed in accordance with the provisions of the PM District requirements, Section 109J.

9. Accessory uses and structures; such uses and structures may be located in the front one-half of a lot, provided they are not nearer the front lot line than the main building or buildings.

h. Public Utility Installations.

i. Signs when submitted as part of the development plan or within the following general sign provisions.

5. YARD REQUIREMENTS:

a. The yard requirements for Planned Area Developments shall apply to all exterior boundary lines.

b. The average area per dwelling unit shall not be less than that required by the Density Chart for Planned Area Developments.

c. Buildings located on sloping lots are permitted an extra story on the downhill side, provided the building height does not exceed the maximum height in feet allowed.

d. In addition to the set back Chart, buildings and structures exceeding fifteen (15) feet in height shall be setback from the side and rear boundaries, if adjoining residentially zoned property, a distance equal to the required yard plus one (1) additional foot for each foot of height above (15) feet.

e. Zero lot line setbacks may be allowed under the following circumstances:

(1) The lot adjacent to the zero setback yard must be under

the same ownership at the time of initial construction

(ensuring that a developer does not infringe on the

property rights of owners of adjacent tracts).

(2) The setback on the adjacent lot must be either zero feet or

greater than ten (10) feet.

(3) The opposite side yard of not less than ten (10) feet must

be kept perpetually free of permanent obstructions (such

as a storage shed or a fence without a gate).

(4) Similar zero lot line exceptions can be made for the rear

yard, but not for both the side and rear yards of the same

lot.

f . In considering a proposed PAD, the Commission and/or Board may approve modifications of these requirements. Justification for such modification shall be supplied by the application in written form as part of the hearing application procedure.

TABLE 3-DENSITY CHART FOR PLANNED AREA DEVELOPMENT

SETBACKS

FRONT-REAR-SIDE

DISTRICT UNITS HEIGHT % COVERAGE

PER ACRE STORIES-FEET STRUCTURES

PAD-1 0.75 2 30 20 40 40 30

PAD-2 1.00 2 30 20 40 40 30

PAD-3 1.35 2 30 25 30 30 30

PAD-4 1.75 2 30 25 30 30 20

PAD-5 2.20 2 30 25 30 30 20

PAD-6 2.75 2 30 35 20 20 20

PAD-7 3.50 2 30 35 20 20 20

PAD-8 4.75 2 30 40 20 20 20

PAD-9 6.00 2 30 40 20 20 20

PAD-10 8.00 2 30 40 20 20 20

PAD-11 10.00 2 30 45 20 20 20

PAD-12 12.00 3 35 45 20 20 20

6. OTHER REQUIREMENTS:

The Commission and/or Council shall insure that the public welfare and

safety is preserved, and that. provision is made for harmonious and

appropriate development of the land by requiring as needed:

a. Declaration of public use space for parks, schools,

recreation areas, etc.

b. Coordination of street layout with existing or planned streets.

c. Preservation of natural features, such as trees, hilltops, water

courses, and archeological sites.

d. Architectural plans of building design in addition to a

comprehensive plan for the development.

e. Proof of adequate sanitary sewage and water systems.

f. Adequate fire protection.

9. Schedule of plan implementation.

h. Additional issues of public interest

7. AMENDMENTS:

The following procedure shall be followed for any amendment to a Planned Area Development (PAD) including amendments to the Development Phasing Schedule.

a. Major Amendments

(1) A PAD applicant or his successors in interest may file a

request for a major amendment with the Planning and

Zoning Department.

(2) The change will be deemed major if it involves any one of

the following:

(a) an increase in the approved totals of dwelling units

or gross leasable area for the Planned Area

Development District.

(b) a significant change in zoning boundaries as

determined by the Planning & Zoning Director

from those approved for the Planned Area

Development District.

(c) any change which could have significant impact on areas adjoining the PAD as determined by the Planning and Zoning Director.

(d) any change which could have a significant traffic impact on roadways adjacent or external to the Planned Area Development as determined by the Planning and Zoning Director.

(3) The Planning and Zoning Department will bring the major amendment before the Planning and Zoning Commission and the Town Council and will submit background material and recommendations.

b. Minor Amendments

(1) A PAD District applicant or his successors in interest may file a request for a minor amendment with the Planning and Zoning Department.

(2) The request will be routed for comment to any affected County departments or other agencies for comment.

(3) Upon receipt of comments, the Planning and Zoning Director will determine whether the requested change is minor or major.

(4) If the requested change is determined to be minor, an amended plan shall be submitted for public record.

c. Interpretations

In the event that it becomes necessary to interpret stipulations within the PAD District, the Board of Adjustments shall hold a hearing and make such interpretations.

8. APPLICATION AND DEVELOPMENT PLAN:

a. Conceptual/Pre-Application Review:

(1) This is an opportunity for applicants to discuss

requirements, standards, and policies that apply to

development proposals. Major problems can be identified

and solved before formal application is made.

(2) A sketch or general outline, to scale, of the proposal,

evidenced by phases, if applicable, shall be submitted by

the applicant and reviewed by the Planning Commission

and Town Council through the public hearing process as a

pre-application conference.

(3) The general outline will not be reviewed on the basis of

specific design standards and technical conformation but

rather on the basis of conformance with existing zoning

and land use of the surrounding area.

(4) General Outline Submittal

the following information and data is required:

(a) Evidence that the applicant is either the fee owner

of the property or is acting as the agent for the

owner(s).

(b) Data regarding site conditions, land characteristics

available community facilities and utilities,

densities, and other related general information

about uses of land proposed and within a one-half

mile radius of the subject parcel of land.

proposed location of the uses of land, major

streets (collector/arterial), and other significant

features, copies of which shall be kept on file with

the Planning and Zoning Department.

(5) A conceptual/pre-application review is not mandatory and

shall be agendized before the Commission and Council

as a review item. Favorable review does not constitute

preliminary approval and shall not be interpreted by the

applicant as a binding commitment upon the Town of

Camp Verde.

(6) As conceptual/pre-application review is a courtesy service

by the Town of Camp Verde, no fee shall be charged.

b. Application

An application to establish a Planned Area Development project shall be filed by:

(1) The owner or owners having title to all of the property in the area proposed for the Planned Area Development District; or

(2) The Camp Verde Planning and Zoning Commission or Town Council.

Every application shall be accompanied by a fee as required, except when filed under "b" above.

c. Site Plan Required

A site plan approved in accordance with the restrictions and regulations of this Ordinance is required for all uses. The site plan should conform to the requirements and format of a preliminary subdivision plat, as delineated in the Subdivision Regulations for Camp Verde.

If a PAD is to be developed in phases or "development units", site plans shall be required for each unit, and separate hearings shall be held to review each site plan. An approved site plan shall be binding upon applicants and their successors or assignees. No building permit shall be issued for any building, structures, or use not in accord with the site plan, except that temporary construction facilities shall be permitted.

9. ENFORCIBILITY:

a. The Planned Area Development (PAD) Program shall continue to

be implemented and maintained for the total acreage of the PAD

District, even though ownership may subsequently be transferred

in whole or in part.

(1) It is the responsibility of the owner to notify all prospective purchasers of all or part of the property within the district of the existence of the PAD District amendment and the PAD Program contained therein.

(2) Conformance with the PAD shall be enforced by

recordations of the appropriate deed restrictions for each

parcel of property within the district, prior to the issuance of

building permits, for each development unit.

(3) Notification and recordation as provided above shall be

required in order to retain the unitary aspect of the district.

b. Application for approval of the first development unit shall be made, and development shall commence within two (2) years of the date upon which the PAD District amendment was approved. Applications for approval of subsequent units shall be made in accordance with the development phasing schedule contained in the PAD Program.

c. Failure to commence development within the two (2) year time period shall cause the PAD District classification to become null and void, and any property rezoned in conformance with the PAD District amendment and the PAD Program contained therein to revert to its former zoning classification without further action by the Town Council.

d. At such time that the Planning and Zoning Commission shall determine that the applicant is not proceeding to develop in accordance with the PAD Program, it shall notify the applicant in writing of such deficiency and shall, simultaneously, notice a hearing to determine the cause of delay. The hearing shall be held within thirty (30) days of the date of the written notice, and shall follow Commission procedures for hearings.

(1) The Commission may determine good cause for such deficiencies and may, in conjunction therewith, entertain an application to amend the development phasing schedule.

(2) The Commission may determine that there is not good cause for such deficiency, and in such event may impose additional restrictions on the applicant to ensure future compliance with the PAD Program including, but not limited to, the filing of such periodic reports as the Commission shall require to enforce this provision.

e. At such time that the Commission shall determine that the current owner of any portion of the Planned Area Development District is not in compliance with a provision of the PAD Program or the public dedication or improvement schedules no further vesting of zoning or approval of final site plan or subdivision plats shall occur for that portion. Such determination of noncompliance shall be at a public hearing. The applicant and current owner(s) shall receive written notice of hearing.

Q. MIXED USE DISTRICT - LOW

1. DISTRICT PROVISIONS: Supplementary or supplanting General Provisions (Section 108)

a. Where no density district has been identified all provisions of the D35 District will prevail.

b. Any use subject to securing a use permit indicated thus: (UP)

c. Requirements for submission and approval for properties to be zoned Mixed Use-Low are as follows:

1) On parcels of 5 acres or less with a maximum of 10% gross area to be used for C-1, the requirements of the Town Subdivision Regulations will apply.

2) On Parcels other than that specified in C1 above:

a) Requirements contained in the Town Subdivision Regulations and;

b) Requirements contained in 109 P (Planned Area Development) of this code as they relate to submissions and procedures, not land use.

d. On parcels with a maximum of one residential unit located on each 2 acres, no submission is required unless otherwise required by the Town Subdivision Regulations.

2. PERMITTED USES AND STRUCTURES:

a. Dwelling units in conformance with the R1L and R1 Districts.

b. All uses and structures permitted in the R1L and R1 Districts.

(UP) c. Use Permits as permitted in the R1L and R1 Districts.

d. Uses permitted in the C1 District except that such uses will be limited to 50% of the gross area of the property.

R. MIXED USE DISTRICT - HIGH

1. DISTRICT PROVISIONS: Supplementary or supplanting General Provisions (Section 108).

a. Where no Density District has been identified all provisions of the D18 District will prevail.

b. Any use subject to securing a use permit indicated thus: (UP)

c. Requirements for submission and approval for properties to be zoned Mixed Use-High are as follows:

1) On parcels of 5 acres or less with a maximum of 25% gross area to be used for C1 and or C2 with up to a maximum of 10% being C2, the requirements of the Town Subdivision Regulations will apply.

2) On parcels other than that specified in C1 above;

a) Requirements contained in the Town Subdivision Regulations and;

b) Requirements contained in 109P (Planned Area Development) of this code as they relate to submissions and procedures, not land use.

d. On parcels with a maximum of one residential unit located on each 2 acres no submission is required unless otherwise required by the Town Subdivision Regulations.

2. PERMITTED USES AND STRUCTURES:

a. Dwelling units in conformance with the R1L, R1 and R2 Districts.

b. All uses and structures permitted in the R1L, R1 and R2 Districts.

c. (UP) Use Permits as permitted in the R1L, R1, R2, RCU, C1 and C2 Districts.

d. Uses permitted in the C1 and C2 District except that such uses will be limited to 50% of the gross area of the property.

e. Residential living space will be allowed in conjunction with commercial buildings subject to the following conditions:

1.) Limited to C1 and C2 use buildings.

2.) Limited to above the first floor.

3.) Requires designated resident parking.

4.) Requires provision for garbage service.

S. AG DISTRICT (Agricultural) (Revised 8/7/2002)

1. DISTRICT PROVISIONS: Supplementary or supplanting General Provisions (Section 108)

a. The AG District is presumed to be compatible with all adjacent zoning districts.

b. Where no density district has been identified, all provisions of the D10A District shall prevail.

c. Any use permitted subject to securing a use permit indicated thus: (UP)

1. PERMITTED USES AND STRUCTURES

a. Dwelling units for one family on any one lot.

(UP) b. Facilities for the temporary housing of agricultural workers employed to work at the location for which the use permit is issued.

(UP) c. Schools and training facilities for the purpose of teaching agriculture.

(UP) d. Museums, displays, demonstration projects and research facilities associated with agriculture.

e. Activities associated with the growing and sale of crops, trees, plants, forage, grasses or other non-animal living organisms intended to be renewable and of beneficial use and recognized by the United States Department of Agriculture as a farm evidenced by a farm number.

f. Activities associated with the growing and sale of crops, trees, plants, forage, grasses or other non-animal living organisms intended to be renewable and of beneficial use and NOT necessarily recognized by the United States Department of Agriculture as a farm evidenced by a farm number subject to the following restrictions:

The producers of food products on agricultural land, including the growing of crops, trees, plants, forage, grasses or other non- animal living organisms intended to be renewable and of beneficial use, shall never under any pretext be denied or restricted their right to sell and dispose of their products. In addition;

(1) Sales of other producers of food products may be sold only up to 40% of the total gross sales.

(2) Incidental sales of related items are allowed.

(3) Aerial application of any substance is prohibited.

(4) Processing or packaging activities, storing or loading, limited to products allowed under f. and f.1)

(UP) g. Activities otherwise restricted by f. (1), (2), (3) or (4)

(UP) h. Activities associated with the raising of animals and livestock per the requirements of Section 108D of this code with the following restrictions:

(1) On site sales will be limited to those items produced on site or reside on the property for at least one year.

(2) No processing or packaging for sale activities permitted.

(UP) i. Activities in excess of the requirements of Section 108D or the restrictions contained in g. (1) or (2).

j. Religious institutions in permanent buildings.

(UP) k. Parks, playgrounds, recreation areas, government facilities and facilities required for the provision of utilities and public services.

l. Accessory uses and structures including the following:

(1) Storage and loading facilities for products.

(2) Fabrication, storage and repair of equipment used in agricultural activity.

(3) Facilities used by the public for the sale of items permitted as identified above.

(4) Household pets

(5) Fences and free standing walls

(6) Appurtenant signs per Section 118 of this Code.

(7) Temporary housing per Section 109A. 2.i. of this Code.

m. Parking requirements will be per Section 108 of this Code calculated on the basis of the sales area.