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ORDINANCE NO. 6023
AN ORDINANCE AMENDING SECTION 11-3-2, OFFICIAL ZONING
DISTRICT MAP AND DISTRICT BOUNDARIES, OF THE MESA CITY
CODE, CHANGING THE ZONING OF CERTAIN PROPERTY
DESCRIBED IN ZONING CASE ZON25-00110 LOCATED AT 1609
WEST UNIVERSITY DRIVE. 0.4± ACRES. REZONE 0.4+ ACRES
FROM OFFICE COMMERCIAL (OC) TO LIMITED COMMERCIAL
WITH A BONUS INTENSITY ZONE OVERLAY (LC-BIZ) AND SITE
PLAN REVIEW FOR A 4,015 SQUARE FOOT MINOR AUTOMOBILE
SERVICE AND
REPAIR
DEVELOPMENT AND
PROVIDING
PENALTIES FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MESA:
Section 1: That Section 11-3-2, Official Zoning Map and District Boundaries, of the Mesa Zoning
Ordinance is hereby amended by adopting the Official Supplementary Zoning Map for Zoning Case
ZON25-00110 signed by the Mayor and City Clerk, which accompanies and is annexed to this ordinance
and declared a part hereof.
Section 2: The Official Supplementary Zoning Map attached hereto is adopted subject to compliance
with the following conditions:
1. Compliance with the final site plan, landscape plan and elevations as submitted.
2. Compliance with the Good Neighbor Policy submitted.
3. All noise generating activities, including, but not limited to, tire installations and repairs, shall
be conducted within the fully enclosed building.
4. All exterior lighting shall conform to Section 11-30-5 of the Mesa Zoning Ordinance.
5. Outdoor storage of goods and equipment shall not be permitted.
6. Compliance with all applicable City development codes and regulations, except the
modifications to the development standards as shown in the following BIZ Overlay table:
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Development Standards
BIZ Approved
Minimum Building and Parking
Area Setbacks – MZO Table 11-6-
3.A
Front and Street-Facing Side
Interior Side and Rear: Adjacent to
RS District
10’ (east property line to
building)
14’ (east property line to
parking area)
23’ (west property line to
building)
5’ (west property line to parking
area)
22’ (south property line to
building)
Auto Service Bays – MZO Section
11-30-9(F)(2)(d)
3’ screen wall
Parking Areas – MZO Section 11-
30-9(H)(7)
0’
Automobile/Vehicle Repair –
MZO Section 11-31-6(A)
0.4± acres
Size of Parking Spaces and
Maneuvering Aisles – MZO
Section 11-32-2(J)
11’
Required Parking Spaces by Use –
MZO Table 11-32.3.A
11 spaces (4 spaces may
conditionally satisfy
requirement per Condition of
Approval No. 8.)
Setback of Cross Drive Aisles –
MZO Section 11-32-4(A)
18’
Perimeter Landscaping – MZO
Table 11-6-3.A
Front and Street-Facing Sides shall
be Landscaped According to Ch.
33
12’ (minimum north property
line)
11’ (minimum east property
line)
Required Number of Plants by
Street Type – MZO Table 11-33-
3.A.4
1 Tree and 6 Shrubs per 25 Linear
Feet of Street Frontage
Two 36-inch box trees and two
24-inch Ocotillo (east property
line)
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Development Standards
BIZ Approved
Required Landscape Yards – MZO
Section 11-33—(B)(1)(a)(i)
Landscaping for Non-Single
Residence Uses Adjacent to Single
Residence Uses less than 5 Acres
5’ (minimum west property line)
6’ (minimum south property
line)
Landscape Islands – MZO Section
11-33-4(B)(2)
One island 3 feet wide and 18
feet long
Landscape Island Plant Material –
MZO Section 11-33-4(D)
0 trees
Foundation Base – MZO Section
11-33-5(A)
Exterior Walls with a Public
Entrance
Exterior Walls without a Public
Entrance, not Adjacent to Parking
Stalls
5’ minimum (north elevation)
4’ (west elevation)
0’ minimum (south elevation)
Landscape Area in Foundation
Base – MZO Section 11-33-
5(B)(1)
1 Tree Per 50 Linear Feet or Less
of Exterior Wall Length
0 Trees
Plant Material Within Foundation
Base – MZO Section 11-33-
5(B)(3)
Exterior Walls Visible from Public
Parking or ROW with Public
Entrances
0% (north elevation)
7. Installation of all off-site improvements and street frontage landscaping during the first phase of
construction.
8. On a conditional basis, four (4) parking spaces will be considered to satisfy the parking
requirement, so long as: (a) the reduced on-site parking requirement does not create adverse
parking impacts on surrounding streets, properties, or the adjacent neighborhood; or (b) services
offered on-site do not result in customer vehicles queuing or waiting in the public right-of-way
or adjacent property. A violation of subsection (a) or (b) may be shown by the City’s Civil
Hearing Officer entering a judgment finding a responsible party responsible for a civil violation
of the Mesa City Code. If a violation of subsection (a) or (b) is established, four (4) parking
spaces will not be considered to satisfy the parking requirement, and the property owner shall
obtain the applicable alternative compliance permit, shared parking approval, off-site parking
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approval, or other required parking approval within thirty (30) days, unless a longer period is
approved by the Zoning Administrator. If the violation is based solely on subsection (b), the
property owner may instead discontinue the service causing the off-site queuing, in which case
four (4) parking spaces may continue to satisfy the parking requirement if the Zoning
Administrator determines the discontinuance resolves the off-site queuing.
Section 3: PENALTY.
CIVIL PENALTIES:
A. Any owner, occupant or responsible party who is found responsible for a civil violation of this
Ordinance, whether by admission, default, or after a hearing, shall pay a civil sanction of not less
than $150 or more than $1,500, per citation. A second finding of responsibility within 24 months of
the commission of a prior violation of this Ordinance shall result in a civil sanction of not less than
$250 or more than $2,500. A third finding of responsibility within 36 months of the commission of
a prior violation of this Ordinance shall result in a civil sanction of not less than $500 or more than
$2,500. In addition to the civil sanction, the responsible party shall pay the applicable fees and
charges set forth in the City’s Development and Sustainability Department (Code Compliance)
Schedule of Fees and Charges, and may be ordered to pay any other applicable fees and charges.
B. The 36 month provision described above of this Section shall be calculated by the dates the
violations were committed. The owner, occupant, or responsible party shall receive the enhanced
sanction upon a finding of responsibility for any violation of this Chapter that was committed within
36 months of the commission of another violation for which the owner or responsible party was
convicted or was otherwise found responsible, irrespective of the order in which the violations
occurred or whether the prior violation was civil or criminal.
C. Each day in which a violation of this Ordinance continues, or the failure to perform any act or duty
required by this Ordinance or by the Civil Hearing Officer continues, shall constitute a separate civil
offense.
HABITUAL OFFENDER:
A. A person who commits a violation of this Ordinance after previously having been found responsible
for committing three (3) or more civil violations of this Ordinance within a twenty-four (24) month
period – whether by admission, by payment of the fine, by default, or by judgment after hearing –
shall be guilty of a class 1 criminal misdemeanor. The Mesa City Prosecutor is authorized to file a
class 1 criminal misdemeanor complaint in the Mesa City Court against habitual offenders. For
purposes of calculating the twenty-four (24) month period under this Subsection, the dates of the
commission of the offenses are the determining factor.
B. Upon conviction of a violation of this Section, the Court may impose a sentence of incarceration not
to exceed six (6) months in jail; or a fine not to exceed two thousand five hundred dollars ($2,500.00),
exclusive of penalty assessments prescribed by law; or both such fine and imprisonment. The Court
shall order a person who has been convicted of a violation of this Section to pay a fine of not less
than five hundred dollars ($500.00) for each count upon which a conviction has been obtained. A
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judge shall not grant probation to or suspend any part or all of the imposition or execution of a
sentence required by this Subsection except on the condition that the person pay the mandatory
minimum fines as provided in this paragraph.
C. Every action or proceeding under this Section shall be commenced and prosecuted in accordance
with the laws of the State of Arizona relating to criminal misdemeanors and the Arizona Rules of
Criminal Procedure.
Passed and adopted by the City Council of the City of Mesa on July 27, 2026.
____________________________________
Mark Freeman, Mayor
Attest:
__________________________________
Holly Moseley, City Clerk