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(1) Kennel, Commercial

a. Enclosed Building Requirement

The parts of a building where animals are boarded shall be fully enclosed, with solid core doors and no operable windows, and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises.

b. Kennels with Outdoor Facilities

Outdoor facilities, including outdoor runs, shall not be located within 150 feet of any single-family residential zoning district.

(2) Stable, Commercial

a. A minimum of one acre is required.

b. Only farm animals may be maintained in a commercial stable.

c. No more than three farm animals may be maintained on the first acre and up to one additional farm animal for each additional one-half acre. These limitations apply cumulatively with the allowed farm animals under general agriculture in Section 3.4.D(1).

d. The keeping of all farm animals shall be subject to the regulation and conditions of the county and City health regulations and animal control regulations.

e. Shelters or structures for housing or keeping farm animals shall be set back from the property line a minimum of 50 feet. This setback standard does not apply to unenclosed fenced areas such as corrals.

f. Commercial trail rides are prohibited.

(3) Veterinary Hospital or Clinic

A veterinary hospital or clinic shall comply with the same requirements for a commercial kennel in Section 3.3.C(1). The following additional standards shall apply:

a. M1, M2, and M3 Zoning Districts

Outdoor kennel facilities are not permitted.

b. CO Zoning District

1. Outdoor kennel facilities require a conditional use permit.

2. Kennels and/or boarding areas are limited to 50 percent of the total floor area.

(4) RV Park

a. Generally

1. The principal business of an RV park shall be to provide sites for RVs. Mobile homes designed to meet residential building codes are prohibited.

2. Plumbed sanitary facilities shall include a minimum of one men’s and one women’s toilet, lavatory and shower for each 15 spaces, subject to the requirements of the adopted building and plumbing codes.

b. Accessory Uses

RV parks may include the following accessory uses:

1. Service buildings associated with the RV park, including utilities, management office, repair shop, equipment storage, sanitary facilities, laundry facilities, and recreation facilities.

2. Equipment rentals, concessions, and camping supply sales, excluding motorized vehicle rentals.

3. Up to two residential dwelling units or permanent recreational vehicles for the purpose of housing a resident manager and caretaker.

4. In the OC zoning district, accessory uses are allowed in accordance with Sections 3.3.C(7)b, (10)b, (12)d, (15)d and (18) and the CFA plan.

c. Access and Circulation

1. Access to a lot may be provided via a public access easement. There shall be no minimum required street frontage.

2. Two-way and one-way traffic drive-aisle widths shall conform to the commercial parking lot dimensions per the Engineering Manual.

d. Parking

Each RV space shall include parking for a recreational vehicle. Additional off-street parking shall be provided at community sanitary facilities.

e. OC Zoning District

1. The maximum RV park density shall be eight sites per acre.

2. RV parks shall be located in accordance with the CFA plan.

(5) Indoor Recreation Facility

In the RM-2 and RM-3 zoning districts, indoor recreation facilities are only allowed as an accessory use to a multifamily dwelling project.

(6) Outdoor Recreation Facility

Outdoor recreation facilities shall only be permitted as an accessory use to a multifamily dwelling or as a shared amenity on a parcel under common ownership.

(7) Bar, Tavern, Lounge, or Tasting Room

a. Bars, taverns, lounges, or tasting rooms shall not be located within 150 feet of any single-family residential zoning district. This separation standard does not apply to residential uses within a mixed-use development or zoning district.

b. In the OC district, bars, taverns, lounges, and tasting rooms as a primary use shall only be allowed within 750 feet of the SR 179 roundabout. Such uses may be allowed as accessory uses to residential, lodging, agriculture, and parks, anywhere in the OC district. Such uses may be allowed as accessory uses to RV parks located in accordance with the CFA plan.

(8) Microbrewery, Distillery, or Winery

In the M1, M2, M3, and L zoning districts, wholesale sales and bulk shipping of products produced on site is prohibited.

(9) Mobile Food Vending

a. Location and Separation Standards

1. Mobile food vending on undeveloped lots and lots with unoccupied structures or unimproved surfaces requires conditional use permit approval pursuant to Section 8.4.B, Conditional Use Permit.

2. Only one mobile food vending is allowed per lot unless otherwise approved through a conditional use permit. More than one mobile food vendor may be permitted on one lot during special events with approval of a temporary use permit pursuant to Section 3.5.E(4).

3. Mobile food vending shall not be located within 150 feet of any single-family residential use within a single-family residential zoning district or vacant property within a single-family residential zoning district.

b. Operational Standards

1. No person shall engage in mobile food vending without obtaining a business license. Mobile food vending business license applications shall comply with Chapter 5.05 SCC and shall be accompanied by the nonrefundable business license fee for the first business location and for each additional location where the mobile food vendor intends to operate as listed in the City consolidated fee schedule. A separate license is required for each mobile food vending unit. The business license shall be available with the unit on site for inspection by government officials. If operated on public property (including City rights-of-way), mobile food vendors shall provide proof of liability insurance in conjunction with their business license application.

2. Mobile food vending operators intending to operate in the public right-of-way shall obtain all required licenses and permits from the City.

3. Mobile food vending operators shall obtain written consent from the private property owner(s) of properties on which they intend to operate.

4. Mobile food vending operators shall maintain trash receptacles and all areas used for food vending in a safe and clean condition, and must dispose of all waste in accordance with health department regulations.

5. Mobile food vendors shall obey all parking and traffic laws. All of the mobile food vending unit shall fit within one parking space. No part of the mobile food vending unit shall obstruct adjacent parking stalls. During events, mobile food vendors may be restricted from parking sites with insufficient parking capacity.

6. Mobile food vending operations shall not obstruct pedestrian or bicycle access or passage, or parking lot circulation.

7. Structures, canopies, tables, or chairs associated with the mobile food vending operation are prohibited unless otherwise approved by the Director.

(10) Restaurant

a. In the M1 zoning district, restaurants shall not exceed 3,000 square feet.

b. In the OC district, restaurants as a primary use shall only be allowed within 750 feet of the SR 179 roundabout. Restaurants may be allowed as accessory uses to residential, lodging, agriculture, and parks, anywhere in the OC district. Restaurants may be allowed as accessory uses to RV parks located in accordance with the CFA plan.

(11) Restaurant with Drive-Through

All drive-through facilities shall comply with the vehicle stacking requirements of Section 5.5.G, Loading and Stacking Areas.

(12) Administrative, Professional, or Government Office

a. M1 Zoning District

1. No individual administrative, professional, or government office shall exceed 3,000 square feet.

2. Drive-through facilities are prohibited.

b. M2 Zoning District

Drive-through facilities are prohibited.

c. M3 Zoning District

1. No individual administrative, professional, or government office shall exceed 10,000 square feet unless part of a mixed-use building.

2. Drive-through facilities are prohibited.

d. OC Zoning District

Office uses as a primary use shall only be allowed within 750 feet of the SR 179 roundabout. Office uses may be allowed as accessory uses to residential, lodging, agriculture, and parks anywhere in the OC district. Office uses may be allowed as accessory uses to RV parks located in accordance with the CFA plan.

(13) Financial Institution

In the M1, M2, and M3 zoning districts, drive-through facilities are prohibited.

(14) Lodging

a. Generally: All Lodging

1. Building Length

All lodging uses shall comply with the maximum building length standards in Section 5.7.F(2)d, Building Length (Multifamily Residential and Lodging Uses).

2. Expansion

i. Existing lodging facilities (established prior to the effective date of this LDC) may add up to two additional units with Director approval, provided the building footprint is not expanded and all necessary building permits are obtained. Meeting space, long-term housing, and other benefits originally approved with zoning cannot be converted to lodging units.

ii. For lodging districts that are nonconforming to the current zoning, the Director may approve two additional lodging units over the lifetime of the project, provided the building footprint is not expanded and all necessary building permits are obtained.

3. OC Zoning District

The total area of the combined lots containing lodging units shall not exceed half the acreage of the total area covered by the CFA plan. Alternative lodging types may include cabins and other similar permanent structures, but do not include RVs and tents or tent-like structures. RV park sites are not considered lodging units.

b. Lodging, Medium-Density

Shall not exceed a maximum density of eight lodging units per acre.

c. Lodging, High-Density

Any lodging that exceeds a maximum density of eight lodging units per acre shall be designated “high-density lodging” and shall require approval of a lodging density rezoning pursuant to Section 8.6.A(2)d. All high-density lodging proposals shall comply with adopted CFA plans.

(15) Personal Services, General

a. M1 Zoning District

1. Personal service uses shall not exceed 2,500 square feet unless part of a mixed-use building.

2. Drive-through facilities are prohibited.

b. M2 Zoning District

1. Personal service uses shall not exceed 5,000 square feet unless part of a mixed-use building.

2. All business and storage activities shall be within a completely enclosed structure.

3. Drive-through facilities are prohibited.

c. M3 Zoning District

1. All business and storage activities shall be within a completely enclosed structure.

2. Drive-through facilities are prohibited.

d. OC Zoning District

Personal service uses as a primary use shall only be allowed within 750 feet of the SR 179 roundabout. Personal service uses may be allowed as accessory uses to residential, lodging, agriculture, and parks, anywhere in the OC district. Personal service uses may be allowed as accessory uses to RV parks located in accordance with the CFA plan.

(16) Laundromat, Self-Service

a. In the RM-1, RM-2, and RM-3 districts, laundromats shall only be permitted as an accessory use within a multifamily building and only intended to serve residents of the multifamily building.

b. In the M1 zoning district, laundromats shall not exceed 2,500 square feet.

(17) Auction House

All business activities shall be conducted within an entirely enclosed structure.

(18) General Retail, Less than 10,000 Square Feet

In the OC district, general retail of less than 10,000 square feet as a primary use shall only be allowed as a primary use within 750 feet of the SR 179 roundabout. Retail uses may be allowed as accessory uses to residential, lodging, agriculture, and parks, anywhere in the OC district. Retail uses may be allowed as accessory uses to RV parks located in accordance with the CFA plan.

(19) Medical Marijuana Dispensary; Medical Marijuana Dispensary, Off-Site Cultivation Location, Recreational Marijuana Establishment Dual Licensee

a. Applicability

1. The minimum requirements of this section shall apply to all medical marijuana dispensary and medical marijuana dispensary off-site cultivation locations and dual licensee uses, as defined in Sedona City Code Section 8.60.020 where permitted in the CO and IN zoning districts.

2. Medical marijuana designated caregiver and qualifying patient cultivation are prohibited in all zoning districts if located within 25 miles of a medical marijuana dispensary.

3. Medical marijuana facilities and dual licensees shall comply with Arizona Department of Health Services regulations as they may be promulgated or modified.

b. Application Submittal Requirements

In addition to the general application requirements of Section 8.4.A, Development Review, applicants for any medical marijuana dispensary, medical marijuana dispensary off-site cultivation location or dual licensee shall provide the following:

1. Names and locations of the medical marijuana dispensary and the medical marijuana dispensary off-site cultivation location (if any) associated with the dispensary.

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

3. Proof of a valid registration certificate(s) and identification number(s) from the Arizona Department of Health Services for the dispensary and associated board members and dispensary agents in compliance with A.R.S. § 36-2804(A) and (B).

4. A floor plan showing the location, dimensions and type of security measures demonstrating that the medical marijuana dispensary or medical marijuana dispensary off-site cultivation location will be secured, enclosed and locked as required by law.

5. 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 off-site cultivation location to the property boundary of the parcel containing any existing uses listed in Section 3.3.C(19)d.2. If any of the uses are located within 50 feet of the minimum separation, the drawing showing the actual surveyed separation shall be prepared by a registered land surveyor.

c. General Standards

1. A medical marijuana dispensary, medical marijuana dispensary off-site cultivation location, or dual licensee shall provide proper disposal of marijuana remnants or byproducts, and which are not to be placed within the facility’s exterior refuse containers.

2. Drive-through service is not permitted.

3. Outside vending machines are not permitted.

4. A medical marijuana dispensary or dual licensee shall have operating hours not earlier than 8:00 a.m. and not later than 8:00 p.m.

5. Medical marijuana dispensaries and dual licensees shall be limited to the use of dispensing medical or recreational marijuana and marijuana products and shall be prohibited from any other or related use including a bookstore, spa, restaurant, or coffee shop.

6. No on-site consumption or smoking of any marijuana or marijuana product shall be allowed at any medical marijuana dispensary or dual licensee location.

7. The number of medical marijuana dispensaries within the Sedona City limits, if any, shall be limited to no more than two. Dual licensees may only operate at a medical marijuana dispensary.

d. Location Standards

A medical marijuana dispensary or medical marijuana dispensary off-site cultivation location shall be located in a permanent building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle. “Building” shall have the same meaning as provided in Article 9: Rules of Construction and Definitions.

1. Medical marijuana dispensary and cultivation locations shall comply with all building safety requirements and be secured in compliance with A.R.S. § 36-2806(C) and (E).

2. A medical marijuana dispensary or medical marijuana dispensary off-site cultivation location shall be at least 500 feet from the following existing uses, measured in a straight line from the nearest property line to nearest property line:

i. Educational institutions;

ii. Religious institutions, churches and places of worship;

iii. Parks and recreational facilities;

iv. Day care facilities;

v. Public library;

vi. Youth or teen center.

3. The location by one of the uses listed in Section 3.3.C(19)d.2 after the dispensary is approved and in operation will not cause the dispensary to be in violation of this provision, nor prevent its license renewal application to the Arizona Department of Health Services.

4. A medical marijuana dispensary may include cultivation as part of the dispensary, on the same site as the dispensary.

5. A medical marijuana dispensary off-site cultivation location not associated with a medical marijuana dispensary is prohibited.

6. Only one medical marijuana dispensary off-site cultivation location shall be permitted for the single medical marijuana dispensary with which it is associated.

7. A medical marijuana infusion facility shall only be permitted within a medical marijuana dispensary.

(20) Nurseries and Garden Supply Store

In the CO and L zoning districts, all merchandise, equipment, and supplies other than plants shall be kept within enclosed buildings or a fully screened enclosure.

(21) Equipment Sales and Rental

a. Maintenance of equipment shall be conducted entirely within an enclosed building.

b. Unenclosed storage of inoperable or wrecked equipment or materials shall be prohibited.

c. All other unenclosed stored equipment shall be screened from public view from all rights-of-way, residential zoning districts, and residential uses.

(22) Fleet Services

a. Stored vehicles and equipment shall be screened from public view from all rights-of-way, residential zoning districts, and residential uses.

b. On-site vehicle or equipment maintenance is not allowed.

c. Where parking of fleet vehicles abuts a public right-of-way, screening shall be provided at a minimum height of four feet by means of a wall, fence, natural terrain features, or a combination of these. Dense, mature landscaping may be used to satisfy the screening requirement with approval by the Director, providing the screening achieves a similar level of screening as the previous options. Screening materials shall be permanent; portable fences and/or potted plants shall not satisfy this requirement.

d. A setback of the parking area for fleet vehicles shall be maintained that meets the following conditions:

1. Twenty feet from the nearest edge of pavement, or usable road surface; and

2. Six feet from the property line. This six-foot setback area shall be permanently landscaped, subject to the requirements of Section 5.6, Landscaping, Buffering, and Screening.

e. Where a parking area for fleet vehicles is adjacent to a residentially zoned parcel, the following apply:

1. Screening by means of a wall or fence shall be provided at a height of six feet adjacent to rear and side setback areas and three feet adjacent to front setback areas of the abutting parcel. Dense, mature landscaping may be used to satisfy the screening requirement with approval by the Director, providing the screening achieves a similar level of screening as the previous options.

2. The parking area for fleet vehicles shall be set back at least 20 feet from the residentially zoned parcel.

f. The parking area for fleet vehicles shall not be elevated above the grade at the base of the established screening.

g. Unscreened outside storage of parts, outside display, or parking of vehicles or accessories not in operating and saleable condition is prohibited.

h. Lighting of the parking area for fleet vehicles shall be reduced to the minimum necessary for security purposes, except during hours of operation. Average lighting intensity in the parking area for fleet vehicles shall not exceed one foot-candle. All other requirements for lighting are listed in Section 5.8, Exterior Lighting.

i. The City Engineer may require a traffic evaluation that may result in requirements intended to mitigate traffic impacts.

(23) Vehicle Fuel Sales

a. Open storage of wrecked or inoperable vehicles, discarded tires, auto parts, or similar materials shall be prohibited.

b. The maximum square footage for canopies associated with fuel pumps shall be no more than 25 percent larger in area than the primary structure or 3,000 square feet, whichever is smaller.

(24) Vehicle Repair, Major

a. All repairs, services, and storage shall be conducted within an entirely enclosed structure.

b. Open storage of wrecked or inoperable vehicles, discarded tires, auto parts, or similar materials shall be prohibited.

(25) Vehicle Repair, Minor

a. All repairs, services, and storage shall be conducted within an entirely enclosed structure.

b. Storage of equipment, auto parts, and supplies used in servicing vehicles shall be maintained entirely within an enclosed structure.

c. Open storage of wrecked or inoperable vehicles, discarded tires, auto parts, or similar materials shall be prohibited.

(26) Vehicle Sales and Leasing

Outside display of vehicles for sale or lease shall be subject to the following:

a. Where an area of outside display abuts a public right-of-way, screening shall be provided at a minimum height of four feet by means of a wall, fence, natural terrain features, or a combination of these. Dense, mature landscaping may be used to satisfy the screening requirement with approval by the Director, providing the screening achieves a similar level of screening as the previous options. Screening materials shall be permanent; portable fences and/or potted plants shall not satisfy this requirement.

b. A setback of the display area shall be maintained that meets the following conditions:

1. Twenty feet from the nearest edge of pavement, or usable road surface; and

2. Six feet from the property line. This six-foot setback area shall be permanently landscaped, subject to the requirements of Section 5.6, Landscaping, Buffering, and Screening.

c. Where an area of outside display is adjacent to a residentially zoned parcel, the following apply:

1. Screening by means of a wall or fence shall be provided at a height of six feet adjacent to the rear and side setback areas and three feet adjacent to front setback areas of the abutting parcel. Dense, mature landscaping may be used to satisfy the screening requirement with approval by the Director, providing the screening achieves a similar level of screening as the previous options.

2. The display area shall be set back at least 20 feet from the residentially zoned parcel.

d. The display area shall not be elevated above the grade at the base of the established screening.

e. Unscreened outside storage of parts, outside display, or parking of vehicles or accessories not in operating and saleable condition is prohibited.

f. Lighting of the display area shall be reduced to the minimum necessary for security purposes, except during hours of operation. Average lighting intensity in the display area shall not exceed one foot-candle. All other requirements for lighting are listed in Section 5.8, Exterior Lighting.

g. Stored vehicles and equipment shall be screened from public view from all rights-of-way, residential zoning districts and residential uses.

h. The City Engineer may require a traffic evaluation that may result in requirements intended to mitigate traffic impacts.

(27) Vehicle Service Station

a. All repairs, services, and storage shall be conducted within an entirely enclosed structure.

b. Storage of equipment, auto parts, and supplies used in servicing vehicles shall be maintained entirely within an enclosed structure.

c. Open storage of wrecked or inoperable vehicles, discarded tires, auto parts, or similar materials shall be prohibited.

(28) Adult Entertainment

a. General Standards

1. Exterior doors of adult entertainment establishments shall remain closed during business hours.

2. All materials, projections, entertainment or other activities involving or depicting “specified sexual activities” or “specified anatomical areas” shall not be visible from off-premises areas or from portions of an establishment accessible to minors.

3. Sound from projections or entertainment shall not be audible from off-premises areas.

b. Location Standards

1. Adult entertainment establishments shall not be located within 1,000 feet of another adult establishment, measured from the nearest point of the exterior wall of the proposed adult use to the nearest exterior wall of any other adult use.

2. Adult entertainment establishments shall not be located within 300 feet of the following protected uses, measured from the nearest point of the exterior wall of the proposed adult use to the nearest point of lot boundary, provided such protected uses are established on or before the date an application for the proposed adult entertainment use is filed:

i. Daycares;

ii. Schools, public or private;

iii. Schools, vocational or trade;

iv. Parks, playgrounds, or open space;

v. Indoor recreation facilities;

vi. Outdoor recreation facilities;

vii. Libraries;

viii. Religious assembly facilities; or

ix. Community buildings or privately owned clubs or lodges catered to minors (such as Boys and Girls Club, YMCA, and the like).

3. Measurements to determine whether the proposed adult use is within 300 feet of any recreational area, park, or trailhead shall be measured from the nearest point of the exterior wall of the proposed adult use to the nearest edge of the nearest public right-of-way, public parking, public access or fenced area associated with the recreational area, park or trailhead.

4. Measurements involving a proposed adult use and any use identified in Section 3.3.C(28)b.1 or 3.3.C(28)b.2, both located on the same multi-tenant parcel, shall be measured from the nearest point of the exterior wall of the proposed adult use to the nearest point of the exterior wall of any use identified in Section 3.3.C(28)b.1 or 3.3.C(28)b.2.

5. Adult entertainment establishments shall not be located within 300 feet of the following zoning district boundaries: RS-70, RS-35, RS-18, RS-10, RS-6, RMH, RM-1, RM-2, RM-3, M1, M2, L, PD, CF, OS, or NF, measured from the nearest point of the exterior wall of the proposed adult use to the nearest edge of the zoning district boundary. For purposes of this section, streets and other thoroughfares adjacent to the zoning district boundaries shall themselves be considered within such district boundaries.

c. Location Standard Exceptions

The Planning and Zoning Commission may waive the location standards in Section 3.3.C(28)b.2 and/or 3.3.C(28)b.3 if:

1. A petition requesting such waiver is signed by 51 percent of those persons residing full-time, within a 300-foot radius of the proposed adult entertainment establishment location; and

2. A petition requesting such waiver is signed by 51 percent of those nongovernmental owners who own uses listed in Section 3.3.C(28)b.2 within a 500-foot radius of the proposed adult entertainment establishment location; and

3. The petition is received and verified by the Director.

d. Application and Approval Process

1. A conditional use permit application for any proposed adult use shall be submitted pursuant to Section 8.4.B, Conditional Use Permit, including the procedures described therein for a pre-application consultation and application submittal requirements.

2. After the filing of a conditional use permit application for a proposed adult use with the Community Development Department, the Director shall, within 15 days of filing of the application, determine if the application is complete. If the application is found to be incomplete, the Director shall immediately inform the applicant in writing, by certified mail, of the reasons thereof.

3. The Director shall process any resubmitted application in accordance with the same requirements applicable to the processing of the original application. An applicant may appeal the Director’s determination that the application is incomplete to the Board of Adjustment pursuant to Section 8.8.D, Appeal.

4. No conditional use permit application for any proposed adult use shall be deemed complete unless the Director has determined that the location requirements have been satisfied pursuant to Section 3.3.C(28)b.

5. Following acceptance of a complete application, the Director shall conduct a formal review and prepare a report which shall be submitted to the Planning and Zoning Commission and made available to the applicant, media, and general public seven calendar days prior to the public hearing.

6. Notice of hearings shall be given in the same manner as provided in Section 8.3.F, Scheduling and Notice of Public Hearings.

7. Action of the Planning and Zoning Commission shall be in accordance with Section 8.4.B, Conditional Use Permit, based upon the general findings for all conditional use permits set forth in Section 8.3.E(5), Approval Criteria Applicable to All Development, Subdivision and Rezoning Applications. In addition, the Planning and Zoning Commission shall also find that the granting of such conditional use permit would not endanger the public health, safety, or welfare by significantly increasing the likelihood of one or more of the following:

i. Hazards to the public health arising from the creation of a sanitary nuisance.

ii. Illegal conduct in the areas surrounding the proposed adult use.

iii. Adverse impacts on surrounding property resulting from an unusual volume or character of vehicular or pedestrian traffic.

iv. Substantial and demonstrable diminution of the market value of surrounding property.

8. The decision of the Planning and Zoning Commission shall be final 15 days from the date of the decision unless, prior to the expiration of that period, an appeal has been filed with the Director.

9. An applicant whose complete application for a conditional use permit for an adult use has been denied by the Planning and Zoning Commission or approved by the Planning and Zoning Commission, but subject to conditions unacceptable to the applicant, shall have the right to appeal to City Council as provided in Section 8.8.D, Appeal.

10. Each of the provisions of this section, including each of the findings set forth in Section 3.3.C(28)d.7, shall be severable, and a judicial determination that any such provision is invalid on federal or state constitutional grounds, or otherwise, shall not affect the validity of:

i. Any other provisions; or

ii. Any determination by the Planning and Zoning Commission insofar as it is based on any provision not determined to be invalid.

11. These provisions shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law.

(29) Off-Highway Vehicle Sales and Leasing

Outside display of vehicles for sale or lease shall be subject to the same standards as vehicle sales and leasing (Section 3.3.C(26)). [Ord. 2023-03 § 1 (Exh. A), 4-25-23; Ord. 2021-03 § 1, 6-8-21; Ord. 2020-07 § 1, 11-10-20 (Res. 2020-24); Ord. 2020-04 § 1, 9-8-20 (Res. 2020-16); Res. 2019-19 Exh. A, 10-8-19].