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El Mirage, AZ Code of Ordinances
CHAPTER 154: ZONING CODE
Section
DEFINITIONS
§ 154.020 DEFINITION OF TERMS.
(A) Words used in the present tense include the future tense; words used in the
singular include the plural, and words used in the plural include the singular; the word
“shall” is always mandatory, the word “person” includes a firm, association, organization,
partnership, trust, corporation, or company, as well as an individual; the word “lot”
includes the words “plot” or “parcel”; the word “building” includes the word “structure”; the
words “used” or “occupied,” as applied to any land or building, shall be construed to
include the words “intended, arranged, or designed to be used or occupied”; the words
“map” or “zoning map” mean the Zoning Map(s) of the city that delineate the area to be
governed by these regulations.
(B) For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
100-YEAR FLOOD. The highest level of flooding that, on the average, is likely to
occur once every 100 years (i.e., that has a 1% chance of occurring in any given year).
ACCESSORY BUILDING OR USE. A subordinate building, or portion of the principal
building that is fully enclosed and has utilities enabling human habitation, located on the
same lot as the principal building, or a subordinate use of land, either of which is
customarily incidental to the principal building or to the principal use of land. Where part
of an accessory building is connected to part of the principal building in a substantial
manner as by a roof, the accessory building shall be counted as part of the principal
building. Individual public utility installations above ground are considered ACCESSORY
BUILDINGS.
ACCESSORY STRUCTURE. A subordinate structure to that of a principal building,
which is not served with utilities and/or is not fully enclosed, enabling human habitation
(i.e. deck, gazebo, tool shed, etc.)
ACCESSORY DWELLING UNIT. An ancillary or secondary living unit to a single-
family detached dwelling unit (i.e. principal building) that has a kitchenette, bathroom, and
sleeping area; is located on the same lot as the principal building, and is either attached
to the principal building by a common wall or fully covered breezeway with common roof
structure and improved floor or fully detached from the principle building. For purposes
of determining maximum density, an accessory dwelling unit shall not count as a dwelling
unit.
ADULT USE. A retail establishment selling or leasing publications and other
material of a sexual nature, including adult bookstores and theaters.
AGRICULTURE, GENERAL. The use of land for purposes included growing and
harvesting along with necessary accessory uses (such as greenhouses, raising of
animals, or the storage of related equipment used on the premises and temporary storage
of related products used and/or produced on the premises). The operation of any such
accessory use shall be secondary to that of the principal agricultural activities. General
EXHIBIT A
agriculture uses may or may not be owner-occupied and may utilize employees who are
not owners or family of the owners. This use does not include dairies, commercial animal
breeding, concentrated animal feeding operations (CAFO), slaughter and meatpacking
plants, or fertilizer yards.
AGRICULTURAL/RANCHING. The cultivation of the soil or the raising of
livestock and all activities incidental thereto. The terms FARMING and RANCHING shall
be interchangeable for purposes of this chapter.
ALLEY. A permanent public thoroughfare providing a secondary means of access to
abutting lands.
APARTMENT BUILDING. A building other than a hotel or motel containing five or
more dwelling units which have primary entrances from common hallways.
AREA OF SHALLOW FLOODING. A designated AO Zone on the Flood Insurance
Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident.
AUTO REDUCTION YARD. A lot or yard where three or more unlicensed motor
vehicles, or the remains thereof, are kept for the purpose of dismantling, sale of parts,
sale as scrap, storage, or abandonment.
AUTO SALVAGE YARD. A junk yard primarily containing inoperable vehicles. (See
JUNK YARD).
AUTOMOBILE SERVICE STATION. An establishment with the primary business
function of the retail sale of gasoline for passenger car use with or without minor service
and repair work incidental to the operation of passenger automobiles.
AUTOMOBILE WASHING ESTABLISHMENT. A building which has its primary
purpose as washing automobiles. The facilities shall be considered incidental to
automobile service stations if not more than one auto may be washed at one time and if
the service station is clearly the principal use.
BASE FLOOD, 100-YEAR. The flood having a 1% chance of being equaled or
exceeded in any given year.
BASEMENT. A portion of a building located partly underground but having not less
than half its floor-to-ceiling height below the average grade of the adjoining ground.
BLOCK FRONTAGE. All of the property of a given lot or any portion thereof lying
adjacent to a public street or highway.
BOARD. The Board of Adjustment of the City of El Mirage, Arizona.
BUILDING. Any structure having enclosed space and a roof for the housing and/or
enclosure of persons, animals or chattels, except mobile homes, recreational vehicles,
and mobile offices.
BUILDING AREA. The maximum horizontal projected area of the principal and
accessory building, excluding open steps, terraces, unenclosed porches of one story, and
architectural appurtenances projecting not more than two feet. BUILDING AREA, as that
portion of a lot upon which construction is permitted, is as follows: That area of a lot that
lies within the boundaries of the front, side, and rear yard setback requirements measured
from the actual lot line.
BUILDING ENVELOPE. The area of a lot lying between the front, rear, and side yard
setback lines and between ground level and the maximum allowable building height,
amounting to the three-dimensional area available for potential building construction.
BUILDING, FRONT LINE OF. The line of the face of a building nearest the front lot
line.
BUILDING, HEIGHT OF. The vertical distance of a building as measured from the
average elevation of the finished grade within 20 feet of the structure to the highest point
of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height
level between eaves and ridges for gable and hip or gambel roofs.
BUILDING LINE, FRONT. The line nearest to the front and across a lot establishing
the minimum open space to be provided between the front line of a building and the front
lot line.
BUILDING LINE, REAR. The line nearest to the rear and across a lot establishing the
minimum open space to be provided between the rear line of a building and the rear lot
line.
BUILDING, NON-CONFORMING. A legally existing building which fails to comply
with the regulations set forth in this chapter applicable to the zone in which the building is
located.
BUILDING, PRINCIPAL. A building in which is conducted the main, or principal, use
of the lot on which the building is situated.
BUILDING, PUBLIC. A building, supported by government funds, to be used in an
official capacity on behalf of the entire community.
BUSINESS. The engaging in of the purchase, sale, barter, or exchange of goods,
wares, merchandise, or service; the maintenance or operation of offices or recreational
or amusement enterprises.
CAMP GROUND. Any area of land used to temporarily accommodate two or more
camping parties, including cabins, tents, recreational vehicles, or other camping outfits.
CARGO CONTAINER. An article of transport equipment which falls into any of the
following categories:
(1) Designed or constructed for or used to facilitate the packing, shipping,
movement, or transportation of freight, articles, goods or commodities by one or more
modes of transport; and/or
(2) Designed to be or capable of being mounted or moved on a rail car, or
mounted on a chassis or bogie for movement by a tractor trailer, or loaded on to a ship;
and/or
(3) A prefabricated metal structure designed for use as an individual shipping
container in accordance with international standards or a metal structure designed and
built for use as an enclosed truck trailer in accordance with U.S. Department of
Transportation standards.
CARGO CONTAINER, PERMANENT. A period of time limit that exceeds four
months on site without being utilized for transportation purposes.
CARGO CONTAINER, STACK/STACKING. A method of storing cargo
containers or a chassis in a vertical manner where the floor of the container or bed of the
chassis remains parallel to the ground.
CARGO CONTAINER, TEMPORARY. A period of time that does not exceed four
months on site while being used for storage purposes.
CARPORT. A structure, open on at least two sides, consisting of a roof and either
walls or columns for the purpose of housing automotive vehicles and other chattels. The
structure shall be considered as an accessory building when detached from the principal
building and as a part of the principal building when attached to the principal building
along one or more sides of the carport or principal building.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery
purposes, including crematories, mausoleums, and mortuaries when operated in
conjunction with and within the boundary of the cemetery.
CHURCH. A building together with its accessory buildings and uses, where persons
regularly assemble for religious worship, and which building, together with its accessory
buildings and uses, is maintained and controlled by a religious body organized to sustain
public worship. The term CHURCH shall be interchangeable with the term(s)
RELIGIOUS ASSEMBLYORINSTITUTION as may be defined or determinable with state
law (see A.R.S. § 41-1493).
CITY. The City of El Mirage.
CLINIC or MEDICAL CENTER. An establishment where patients are admitted for
special study and treatment by one or more licensed physicians and/or dentists and their
professional associates, as distinguished from a “professional office” for general
consultation purposes.
CLUB, PRIVATE (NON-PROFIT). A non-profit association of persons who are bona
fide members paying annual dues which owns, hires, or leases a building, or a portion
thereof; the use of the premises being restricted to members and their guests.
COMMISSION. The City of El Mirage Planning and Zoning Commission.
COMMERCIAL VEHICLE. Any vehicle currently registered as such with the state
Department of Motor Vehicles or equivalent out–of–state or federal agency or any vehicle
used primarily in the conduct of a business as opposed to private family or individual use.
CONDITIONAL USE PERMITS. Legal authorization to undertake a conditional use as
defined by this chapter.
CONVENIENCE-FOOD RESTAURANT. An establishment whose principal business
is the sale of foods, frozen desserts, or beverages to the consumer in a ready-to-eat state
for consumption either within the premises or tor carry-out with consumption either on or
off the premises and whose design or principal method of operation includes both of the
following characteristics:
(a) Foods, frozen desserts, or beverages are usually served inedible containers or
in paper, plastic, or other disposable containers.
(b) The customer is not served food at his or her table by an employee but receives
it at a counter, window, or similar facility for carrying to another location for consumption
either on or off the premises.
CORPORATE COUNSEL. The Attorney of the city or any assistant or special counsel
of the city.
COUNCIL. The City Council of the city.
DAY-CARE CENTER. A use where care is provided for pay for five or more unrelated
children subject to the requirements of the State of Arizona.
DENSITY, GROSS. The number of residential dwelling units per unit of land.
DENSITY, NET RESIDENTIAL. The number of residential dwelling units per unit of
land, excluding any land used or to be used as arterial street rights-of-way or private non-
residential uses except parks, open space and recreational areas. For calculating NET
RESIDENTIAL DENSITY, the following formula shall apply:
du
D =
A- (c+i+s+a)
Where:
D = Residential density
du = Total number of dwelling units in project
A = Total site area (acres)
c = Total commercial land area (acres)
i = Total industrial land area (acres)
s = Reserved but undedicated school sites (acres)
a = Arterial rights-of-way (acres)
DEVELOPMENT. Any human-made change to improve or alter real estate, including
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, or drilling operations.
DRIVE ACCESS. The area between the curb of a street, or edge of the traveled
portion of a street when no curb exists, and the right-of-way/property line over which the
city will permit vehicular travel from the traveled portion of a street to an individual property
or off-street parking space(s).
DRIVE-IN BUSINESS. Any business in which people are provided a service or a
product, where a sale is made without the customer being required to leave the vehicle.
These businesses include, but are not limited to, the following: drive-in theater, drive-in
bank, drive-in laundry or dry-cleaning pickup station, drive-in restaurant, and any
business offering “take-home” food services.
DUPLEX. See DWELLING, TWO-FAMILY.
DWELLING. A building, or portion thereof, used primarily for residential occupancy,
including single-family, two-family, multiple-family dwellings, and group homes, but not
including hotels, or motels., or tourist homes.
DWELLING, ATTACHED. A dwelling that has a wall, roof, and/or floor in common
with any other dwelling.
DWELLING, DETACHED. A city dwelling that does not have a wall, roof, and/or floor
in common with any other dwelling.
DWELLING, SINGLE-FAMILY. A building used for residential occupancy by one
family.
DWELLING, TWO-FAMILY. A building, or portion thereof, used for occupancy by two
families living independently of each other with the units completely separated by a
common wall, floor, and/or ceiling, Also referred to as DUPLEX.
DWELLING, MULTIPLE (MULTI-FAMILY). A building, or portion thereof, used for
occupancy by three or more families living independently of each other, with the units
completely separated by a common wall, floor and/or ceiling.
DWELLING UNIT. A dwelling, or portion of a dwelling, used by one household for
residential purposes.
FAMILY. Any number of individuals customarily living together as a single
housekeeping unit and using common cooking facilities as distinguished from a group
occupying a hotel, motel, club, fraternity, sorority, lodging house, or nursing home.
FENCE. A barrier constructed of materials erected for the purpose of protection,
confinement, enclosure, or privacy.
FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report in which the Federal Insurance
Administration has provided flood profiles as well as the Flood Boundary-Floodway Map
and the water surface elevation of the base flood.
FLOOD PROOFING. Any combination of structural and non-structural additions,
changes, or adjustments to properties and structures which reduce or eliminate flood
damage or potential flood damage to lands, water and sanitary facilities, structures, and
contents of buildings.
FLOODPLAIN. The area encompassing the floodway area and the floodway fringe.
FLOODWAY, 100-YEAR. The channel of a river or other watercourse and the
adjacent land areas which must be kept free of encroachment in order to carry and
discharge a flood of 100-year magnitude without substantial increases in flood height.
FLOODWAY FRINGE, 100-YEAR. The area between the floodway and the 100-year
flood boundary.
GARAGE, PRIVATE. A detached accessory building, or portion of a main building,
used for the storage of self-propelled vehicles where the capacity does not exceed three
vehicles per family housed in the building to which the garage is accessory and not more
than one-third of the total number of vehicles stored in the garage shall be commercial
vehicles.
GARAGE, PUBLIC. Any building or premises, except those defined herein as a
private garage, used for the storage or care of motor vehicles; or where the vehicles are
equipped for operation, repaired, or kept for rental, hire, or sale.
GENERAL PLAN. The City of El Mirage General Plan.
GRADE. The average level of the finished ground surfaces surrounding a building.
GROUND FLOOR AREA. The square foot area of a building within its largest outside
dimension computed on a horizontal plane at the ground floor level, exclusive of open
porches, breezeways, terraces, garages, exterior stairways, and secondary stairways.
GROUP HOME. A single, residential structure having common kitchen facilities
occupied by persons having physical, mental, emotional, or social problems and living
together for the purpose of training, observation, and/or common support.
HABITABLE FLOOR. Any floor usable for living purposes, which includes working,
sleeping, eating, cooking, or recreation, or a combination thereof.
HOME OCCUPATION OR PROFESSION. An allowed commercial activity conducted
entirely within a dwelling or accessory structure, where permitted, that is carried on solely
by the occupants thereof and can be conducted without any significantly adverse impact
on the surrounding neighborhood. Any use conducted entirely within a dwelling and
carried on solely by the occupants thereof, which use is clearly incidental and secondary
to the use of the dwelling for residential purposes and which meets the requirements of
this chapter.
HOSPITAL. An institution for the diagnosis, treatment, or other cure of human
ailments, and includes sanitarium or clinic, provided the institution is operated by, or
treatment is given under direct supervision of, a physician licensed to practice by the State
of Arizona.
HOTEL or MOTEL. A building or portion thereof, or a group of buildings, in which
lodging is provided and offered to transient guests for compensation; shall not include a
lodging house.
INDUSTRY, HEAVY. Those industries whose processing of products results in the
emission of any atmospheric pollutant, light flashes, or glare, odor, noise, or vibration
which may be heard and/or felt off the premises and those industries which constitute a
fire or explosion hazard.
INDUSTRY, LIGHT. Those industries whose processing of products results in none
of the conditions described for heavy industry.
JUNK YARD. Any place of which personal property is or may be salvaged for reuse,
resale, or reduction or similar disposition and is owned, possessed, collected,
accumulated, dismantled, or sorted including, but not limited to: use of salvaged base
metal or metals, their compounds or combinations; used or salvaged rope, bags, rags,
glass, rubber, lumber, millwork, brick, automobiles, and similar property which are used,
owned, or possessed for the purpose of wrecking or salvaging parts therefrom.
KENNEL. Any lot or premises on which three or more dogs, cats, or small animals
over the age of eight weeks are kept. A non-commercial KENNEL at, in, or adjoining a
private residence where hunting or other dogs are kept for the hobby of the householder
(i.e., hunting, tracking, or exhibiting) or for guarding or protecting the householder’s
property is permitted in residential zoning districts, provided the number of dogs, cats, or
small animals over the age of eight weeks does not exceed four.
KITCHENETTE. An area used or designed for the preparation of food and containing
a sink, refrigerator and an electrical outlet, which may be used for a microwave oven. No
220V outlet for a range or oven may be provided.
LANDFILL SANITARY. A site for solid waste disposal in which the solid waste is
spread in thin layers, compacted to the smallest practical volume and covered with soil.
Disposal of liquid waste or chemicals or other potentially toxic substances is not
permitted.
LIVESTOCK. Cattle, horses, sheep, goats, fowl and other similar domestic animals,
excluding dogs and cats.
LIVESTOCK PEN. A fenced enclosure that may or may not be covered for the
holding of livestock. Pens may confine one or more animals.
LOADING and UNLOADING BAYS. The off-street area required for the receipt of
or distribution, by vehicles, of material or merchandise.
LODGING HOUSE. A building with more than two but not more than ten guest rooms
where lodging with or without meals is provided for compensation.
LOT. A piece, parcel, plot, tract, or area of land occupied or capable of being occupied
by one or more principal buildings, and the accessory buildings or uses customarily
incidental to them, and including the open spaces required under this chapter, and having
its principal lot frontage on a street.
LOT AREA. The total horizontal area within the boundary lines of a lot.
LOT, CORNER. A lot at a junction of and fronting on two or more intersecting streets.
LOT COVERAGE. The percentage of the lot area covered by buildings.
LOT DEPTH. The horizontal distance of a line measured at a right angle to the front
lot line and running between the front lot line and rear lot line of a lot.
LOT GROUND LEVEL. For buildings having walls fronting on only one street, the
elevation at the front lot line at the center of a wall fronting on the street; for buildings
having walls fronting on more than one street, the average of the elevation of the lot lines
at the center of all walls fronting on the streets; for buildings having no walls fronting on
the street, the average level of the ground adjacent to the exterior walls of the building.
LOT INTERIOR. A lot other than a corner or through lot.
LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the
street; in the case of a corner lot, a line separating the narrowest street frontage of the lot
from the street; and in the case of a through lot, a line separating the lot from the street
from which a drive access may be permitted by the city.
LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line
and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the
lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel
streets.
LOT WIDTH. The distance as measured in a straight line, between side lot lines at
the points of intersection with the front building line.
MANUFACTURED HOME. See MOBILE HOME.
MANUFACTURING. The creation of products either with machinery or by hand
according to an organized plan and with the division of labor.
MANUFACTURING, LIGHT. Fabrication and/or assembly of goods from previously
prepared materials.
MEDICAL MARIJUANA. All parts of the genus cannabis whether growing or not,
and the seed of such plants that may be administered to treat or alleviate a qualifying
patients debilitating medical condition or symptoms associated with the patient's
debilitating medical condition.
MEDICAL MARIJUANA CULTIVATION. The process by which a person grows a
marijuana plant. A facility shall mean a building, structure or premises used for the
cultivation or storage of medical marijuana that is physically separate and off-site from a
medical marijuana dispensary.
MEDICAL MARIJUANA DISPENSARY. A non-profit entity defined in A.R.S. § 36-
2801(11) that sells, distributes, transmits, gives, dispenses, or otherwise provides medical
marijuana to qualifying patients.
MEDICAL MARIJUANA MANUFACTURING FACILITY. A facility that incorporates
medical marijuana (cannabis) by the means of cooking, blending, or incorporation into
consumable/edible goods.
MEDICAL MARIJUANA QUALIFYING PATIENT. A person who has been diagnosed
by a physician as having a debilitating medical condition as defined in A.R.S. § 36-
2801.13.
MINING. The extraction of sand, gravel, or other material from the land in the amount
of 400 cubic yards or more and the removal thereof from the site without processing.
MOBILE HOME PARK. Any plot of ground upon which two or more mobile homes,
occupied or intended to be occupied for dwelling or sleeping purposes, are located.
MOBILE HOME SPACE. A plot of ground within a mobile home park designed for the
accommodation of one mobile home.
MOBILE HOME STAND. The portion of an individual mobile home space which has
been reserved for the placement of a mobile home and structures or additions
appurtenant to the mobile home.
MOBILE HOMES (also MANUFACTURED HOME). A factory-assembled structure or
structures exceeding eight feet in width, originally equipped with the necessary service
connections and originally made so as to be readily movable as a unit or units on its (their)
own running gear and designed to be used as a dwelling unit(s) without a permanent
foundation, whether or not the running gear has been removed.
MOBILE OFFICE. A factory-assembled structure or structures exceeding eight feet
in width, originally equipped with the necessary service connections, and originally made
so as to be readily movable as a unit or units on its (their) own running gear and designed
to be used as an office without a permanent foundation, whether or not the running gear
has been removed.
MODULAR or SECTIONAL HOME. A dwelling unit mass-produced in a factory,
designed and constructed for transportation to a site for occupancy when connected to
the required utilities and when permanently anchored to a permanent foundation, and
whether intended for use as an independent, individual unit or in combination with other
units to form a larger building.
NEW CONSTRUCTION. Structures for which the “start of construction” commenced
on or after the effective date of this chapter.
NON-CHARTERED FINANCIAL INSTITUTION. A business other than a state or
federally chartered bank, credit union, mortgage lender, or savings and loan association
that offers check cashing services and loans for payment of a percentage fee. Specifically
included are check-cashing businesses that charge a percentage fee for cashing a check
or negotiable instrument, payday loan businesses that make loans upon assignments of
wages to be received, businesses that provide loans secured by title of a vehicle unless
the loan is made for the purpose of purchasing the vehicle, and businesses that function
as deferred presentment business. A DEFERRED PRESENTMENT BUSINESS is a
business that makes transactions pursuant to a written agreement in which the licensee
accepts a check and agrees to hold the check for at least three days before presentment
for payment or deposit.
NON-CONFORMING USE. See USE, NON-CONFORMING.
NON PROFIT ORGANIZATION. An organization that is tax-exempt under section
501(c)(3) of the Internal Revenue Code, and uses its surplus revenues to further achieve
its purpose or mission, rather than distributing its surplus income to the organization’s
directors (or equivalents) as profit or dividends.
NOXIOUS MATTER OR MATERIAL. Material capable of causing injury to living
organisms by chemical reaction or capable of causing detrimental effects on the physical
or economic well-being of individuals.
NURSING HOME. See GROUP, HOME.
OFFICES. Structures, or portions of structures, in which commercial activities take
place but where goods are not produced, sold, or repaired. These include: banks; general
and professional offices; governmental offices; insurance offices; real estate offices;
taxicab offices, but not taxi stands; travel agency or transportation ticket offices; telephone
exchange; utility offices; radio broadcasting; and similar uses.
OPEN SALES (OR RENTAL) LOT. Any land used or occupied for the purpose of
buying, selling, or renting for use away from the premises, any goods, materials, or
merchandise, and for the exterior storing of the same prior to sale or rental.
OVERLAY ZONE. A zone superimposed upon an underlying zone which establishes
special requirements in addition to, or in lieu of, those of the underlying zone.
Development or use of land or structures must conform to the requirements of both zones
or the more restrictive of the two, if in conflict.
PARKING AREA, PUBLIC. An open area, other than a street or alley designated for
use, or used, as temporary parking of four or more vehicles when available for public use,
whether free or for compensation or as an accommodation for clients or customers.
PARKING SPACE, OFF-STREET. A space designated for the temporary parking of
a motor vehicle not on the right-of-way or alley but accessible from a street or alley.
PARTY WALL. Any wall of a building or structure which is common to two or more
buildings.
PAVED PARKING SPACE OR SURFACE. An area covered by an impervious, dust-
free surface of asphalt or concrete designed to specifications of the City Engineer.
PAWNSHOP. Any establishment in which is carried on the business of pawn
brokerage, or the business of loaning money for himself or herself or for another person,
receiving as security for payment thereof pawns or pledges of property, or the business
of purchasing personal property and reselling or agreeing to resell, trade, or exchange
such articles to vendors, their personal representatives, or their assignees at a price
agreed upon at or before the time of the purchase, whether the business be the principal
or sole business so carried on or be merely incidental to, in connection with, or a branch
or a department of some other business.
PERSONAL and CONVENIENCE SERVICES. Businesses offering services such as
barber shops, beauty shops, laundromats, laundry and dry cleaning pickup and delivery
stations, and similar uses.
PERSONS. Includes a human being and, as the context requires, an enterprise, a
public or private corporation, an unincorporated association, a partnership, a firm, a
society, a government, a governmental authority or an individual or entity capable of
holding a legal or beneficial interest in a property.
PROPERTY, PERSONAL. Property, other than real property, consisting of things
temporal and movable.
PROPERTY, REAL. Property consisting of buildings and/or land.
RECREATIONAL VEHICLE. A vehicular type portable structure without permanent
foundation, which can be towed, hauled, or driven primarily designed as temporary living
accommodation for recreational, camping, and travel use and including but not limited to
travel trailers, truck campers, camping trailers, and self-propelled motor homes.
RECREATIONAL VEHICLE PARK. A plot of ground upon which two or more sites
are located, established, or maintained for occupancy by the general public as temporary
living quarters for recreation, education, or vacation purposes.
RESEARCH LABORATORY. An establishment or facility for carrying on investigation
in the natural, physical, or social sciences, or engineering and development as an
extension of investigation with the objective of creating end products.
RESTAURANT. Any restaurant (except a drive-in restaurant or a convenience food
restaurant as defined in this section), coffee shop, cafeteria, short-order café,
luncheonette, tavern, sandwich stand, drugstore, and soda fountain serving food, and all
other eating or drinking establishments provided that a least one-half of the total sales
are derived from the sale of food.
SCHOOL. Any pre-primary, primary, or grammar, public, parochial, or private school,
high school, preparatory school, or academy, public or founded, or owned or conducted
by or under the sponsorship of a religious or charitable organization; private preparatory
school, or academy furnishing courses of instruction substantially equivalent to the
courses offered by public high schools for preparation of admission to college or
universities which award B.A. or B.S. degrees; junior college or university, public or
founded or conducted by or under the sponsorship of a religious or charitable
organization; or private school when not conducted as a commercial enterprise for the
profit of individual owners or stockholders.
SCREENING. A solid or nearly solid barrier (i.e., wall, fence, plantings) constructed
or installed for the purpose of visual separation.
SETBACK. The required minimum horizontal distance between the nearest front line
plane of a building and the street right-of-way line or related front, side, or rear lot line.
SETBACK LINE. That line that is the required minimum distance from the street right-
of-way line or any other lot line that establishes the area within which the principal
structure must be placed.
SEWER, PUBLIC. Any sanitary sewer line owned and maintained by the city, whether
or not installed by the city.
SEWER SYSTEM, COMMUNITY. Any sanitary sewer system, whether treatment
plant, septic tank, or lagoon, designed with a sewer collection system to be used by a
legally-constituted association of property owners. The system may or may not be a public
system.
SHOPPING CENTER. Any grouping of two or more principal retail uses, whether on
a single lot or on abutting lots under multiple or single ownership and whether contained
in one building or multiple buildings.
SIGN. Any device providing identification, advertising, or directional information for a
specific business, service, product, person, organization, place, or building. Included in
this definition are graphic devices such as logos, attention attracting media such as
banners or logo sculpture, and obtrusive colored fascia or architectural elements.
SIGN, FREE-STANDING. Any non-movable sign not affixed to a building.
SIGN, NON-ACCESSORY. A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered at a location other than the premises
on which the sign is located.
SIGN, WALL. A sign fastened to or painted on the wall of a building or structure in
such a manner that the wall becomes the supporting structure for, or forms the
background surface of, the sign and which does not project more than 12 inches from the
building or structure.
SITE PLAN. A drawing to a scale not less than one inch equals 100 feet showing the
accurate location of all structures, streets, alleys, and parking areas existing and
proposed on subject property or any other information as may be required by this chapter.
STABLE, PRIVATE. A building, usually consisting of multiple stalls, for the lodging of
horses or other livestock. Any building located on a lot which is designed, arranged, used,
or intended to be used for not more than four horses for the private use of the owner of
the lot, but shall not exceed 6,000 square feet in area.
STABLE, PUBLIC. A stable where horses are kept for remuneration, hire, or sale.
START OF CONSTRUCTION. The first placement of permanent construction of a
structure (other than a mobile home) on a site, such as the pouring of slabs or footings or
any work beyond the stage of excavation. Permanent construction does not include land
preparation, such as clearing, grading, and filling, nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers,
or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling
units or not as part of the main structure.
(a) For a structure (other than a mobile home) without a basement or poured
footings, the START OF CONSTRUCTION includes the first permanent framing or
assembly of the structure or any part thereof on its piling or foundation.
(b) For mobile homes not within a mobile home park or mobile home subdivision,
START OF CONSTRUCTION means the affixing of the mobile home to its permanent
site. For mobile homes within mobile home parks or mobile home subdivisions, START
OF CONSTRUCTION is the date on which the construction of facilities, for servicing the
site on which the mobile home is to be affixed (including, at a minimum, the construction
of streets, either final site grading or the pouring of concrete pads, and installation of
utilities) is completed.
STREET. A right-of-way, other than an alley, dedicated or otherwise legally
established for public use, usually affording the principal means of access to abutting
property.
STREET ARTERIAL. A street with access control, signals at important intersections,
and stop signs on the side streets and restricted parking designed to primarily distribute
traffic.
STREET, COLLECTOR. A street which carries (collects) traffic from local streets and
connects with minor or major arterial streets.
STREET, LOCAL. A street designed to provide vehicular access to abutting
properties and to discourage through traffic.
STREET FRONTAGE. Any property line separating a lot from a street; the front lot
line.
STREET, PUBLIC. Any street which has been dedicated or is otherwise publicly
owned by the city.
STRUCTURAL ALTERATION. Any change in the supporting members of a building,
such as bearing walls or partitions, columns, beams, or girders, or any change in the
exterior walls or the roof.
STRUCTURE. Anything constructed or erected which requires location on the ground.
SUBSTANTIAL IMPROVEMENT.
(a) Any repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds 50% of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage
occurred.
(b) For the purpose of this definition SUBSTANTIAL IMPROVEMENT is
considered to occur when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not the alteration affects the external
dimensions of the structure. The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places.
TOURIST HOME (BED AND BREAKFAST). A building in which more than one, but
not more than five, guest rooms are used to provide or offer overnight accommodations
for transient guests for compensation.
TOWNHOUSE. A single-family dwelling constructed as part of a series of dwellings,
all of which are either attached to the adjacent building and/or buildings by party walls, or
are located immediately adjacent thereto without any visible separation between walls or
roof; all of which dwellings may be located on individual and separate lots, if individually
owned, or upon a single lot, if under common ownership.
TOWNHOUSE CLUSTER. A building consisting of three or more non-communicating,
attached one-family units placed side by side and/or back to back having a common wall
between each two adjacent dwelling units.
USE. The employment or occupation of a building, structure, or land for a person’s
service, benefit, or enjoyment.
USE, ACCESSORY. See ACCESSORY BUILDING OR USE.
USE, CONDITIONALLY PERMITTED. Either a public or private use as listed herein
which, because of its unique characteristics, cannot be properly classified as an otherwise
permitted use in a particular district. After consideration, in each case, of the impact of
the use upon neighboring land and of the public need for the particular use at the
particular location, a permit for the conditional use may or may not be granted, subject to
all conditions specifically listed in this chapter for any particular conditional use and any
other reasonable condition or conditions established by the Planning and Zoning
Commission, including time limits, pursuant to the requirements of this chapter. A
CONDITIONAL USE may be a principal use or an accessory use.
USE, NON-CONFORMING. An existing use of land or building which was legal prior
to the effective date of this chapter but which fails to comply with the requirements set
forth in this chapter applicable to the zone in which the use is located.
USE, PERMITTED. A use which is lawfully established in a particular district or
districts and which conforms with all requirements, regulations, and performance
standards of the district. A PERMITTED USE may be a principal use or an accessory use.
USE, PRINCIPAL. A use or structure which determines the predominant or major use
of the lot on which it is located. A PRINCIPAL USE may be either a permitted or a
conditional use.
USE, TEMPORARY. A use established for a fixed period of time with the intent to
discontinue the use upon the expiration of the time period.
VARIANCE. A modification or variation of the provisions of this chapter as applied to
a specific piece of property. Dimensional variances only may be allowed; no variance
regarding use of property shall be permitted; no variance decreasing lot area
requirements shall be allowed. VARIANCE may be permitted only by the Board of
Adjustment.
VARIANCE, DIMENSIONAL. Departure from the terms of the zoning regulations
pertaining to height or width of structures and size of yard and open spaces where the
departure will not be contrary to the public interest and where, owing to conditions peculiar
to the property because of its size, shape, or topography, and not as a result of the action
of the applicant, the literal enforcement of the zoning regulations would result in
unnecessary and undue hardship.
VEHICLE. Every device by which any person or property is or may be transported or
drawn; including but not limited to automobiles, motor homes, travel trailers, utility trailers,
or watercraft. Devices moved by human power or used exclusively upon stationary rails
or tracks are exempt.
VEHICLE, INOPERABLE. A vehicle not currently registered or licensed in this
state or another state, or any vehicle which is partially or wholly dismantled, discarded, or
wrecked; or on blocks, stands, or similar devices; or stripped or scrapped; or cannot be
physically operated due to mechanical disassembly, deflated tire or tires, or other reasons
that may include an expired license plate or the absence of a license affixed or assigned
thereto.
VEHICLE, PARKING. A defined area used for the placement of vehicles for limited
periods of time.
VEHICLE, PERSONAL. A passenger vehicle that is owned or leased by an
individual.
VEHICLE, STORAGE. For the purposes of this ordinance, references to vehicle
storage shall not be determined based solely on duration, but rather on the negative
effects commonly associated with prolonged parking and/or abandonment. A vehicle shall
be deemed stored if any of the following effects exist: after five consecutive days the
vehicle has not been moved a minimum of 20 feet, accumulation of spiderwebs, dirt and
debris, flat tires, damaged or missing body parts, or broken or unusable windows.
Vehicles placed on blocks or similar devices where all or part of the vehicle is not touching
the ground shall be considered inoperable.
VEHICLE ACCESS (RV) GATE. A point of access through a block wall, fence or
barrier from the front or side yard to the back yard with an opening with a minimum width
of eight (8) feet or more.
WAREHOUSE. An enclosed building designed and used primarily for the storage
of goods and materials.
WAREHOUSE, RESIDENTIAL STORAGE (MINI-WAREHOUSE). A building or
group of buildings in a controlled-access and fenced or screened compound that contains
relatively small storage spaces of varying sizes and/or spaces for recreational vehicles or
boats, having individual, compartmentalized, and controlled access for the dead storage
of excess personal property of an individual or family generally stored in residential
accessory structures, when the building or group of buildings are not located on the lot of
the residence.
WRECKING YARD. A place, lot, or area where the primary function is that of
dismantling, storage, abandonment, or sale of goods and materials as parts or scraps.
YARD. A space on the same lot with a principal building, which is open and
unoccupied other than by steps, walks, terraces, driveways, lamp posts, and similar
structures, and unobstructed by structures, except as otherwise provided in this chapter.
YARD, CORNER SIDE. A yard on a corner lot the area of which is bounded by a line
extending from the front of the principal building (the front building line) to a point
intersecting the side street right-of-way line (side lot line), then along the side lot line to a
point intersecting the rear lot line, then along the rear lot line to a point intersecting the
line formed by extending the wall of the nearest principal building paralleling the side lot
line.
YARD, FRONT. An open space extending the full width of the lot between the front
lot line and the front planes of the building projected to the side lot lines. A yard
extending across the full width of the lot between two side lot lines the depth of which is
the least distance between the street right-of-way and the front building line.
YARD, REAR. An open space extending the full width of the lot between the rear lot
line and the rear planes of the building projected to the side lot lines, or, for corner lots
where a privacy wall or fence exists between the building and the side lot line, projected
to the privacy wall or fence. A yard extending across the full width of the lot between the
two side lot lines and between the rear line and a parallel line tangent to the rear of the
principal building and the depth of which is the least distance between the rear lot line
and the parallel line.
YARD, SIDE. An open space between the side lot line, and the side planes of the
building and extending from the front yard to the rear yard. A yard extending between the
front building line and the rear building line, the width of which is the least distance
between the side lot line and the nearest part of the principal building.
ZONING DISTRICT. A designated area in which the same zoning regulations
apply throughout a delineated geographic area.
(Prior Code, § 21-3-1) (Ord. O08-07-11, passed 7-10-2008; Ord. O11-04-06, passed 4-
14-2011; Ord. O12-11-10, passed 11-8-2012; Ord. O15-10-08, passed 10-6-2015; Ord.
O16-03-03, passed 3-1-2016)
ESTABLISHMENT OF ZONES
§ 154.050 ZONE CLASSIFICATIONS.
(A) For the purpose of this chapter, the city shall be divided into the following zones:
(1) NR Natural Reserve Zone.
(2) RA Rural Area Zone. The RA zone allows low density, single-family residences
and limited agricultural uses within a rural environment. This district prohibits most
commercial activities. The lots in the RA zone are generally larger than in other districts,
and some limited recreational and public/quasi-public uses are permitted.
(3) SN Suburban Neighborhood Zone.
(4) MP Mobile Park Zone.
(5) MU Mixed Urban Zone.
(6) UC Urban Corridor Zone.
(7) TD Transit Development Zone.
(8) CP Commerce Park Zone.
(9) EI Employment/Industry Zone.
(10) [Left blank intentionally.]
(11) FW Floodway Zone.
(12) FP Floodplain Zone.
(13) 65LDN 65-70DB Noise Zone.
(14) 70LDN 70-75DB Noise Zone.
(15) 75LDN 75-80DB Noise Zone.
(16) 80LDN 80+DB Noise Zone.
(17) APZ1 Accident Potential Zone 1.
(18) APZ2 Accident Potential Zone 2.
(B) The boundaries of the above zones are hereby established as shown on a map
entitled “City of El Mirage Zoning Map,” which has been approved by the City Council and
is hereby made a part of this chapter.
§ 154.052 PERMITTED USES BY ZONE.
Key to symbols: P = Permitted C = Conditional
PERMITTED USES BY ZONE1 3
NR
RA
SN
MP
MU
UC
TD
CP
EI
AGRICULTURE
Agriculture, General
P
P
C
C
C
C
C
P
P
Animal clinic/kennel
C
C
C
C
C
P
P
Community Garden
C
Grain storage
C
P
C
P
Greenhouse
C
P
C
C
P
Livestock pen
C
P
C
P
Stable
C
P
C
C
P
PERMITTED USES BY ZONE1 3
NR
RA
SN
MP
MU
UC
TD
CP
EI
BUSINESS
Arts gallery/studio
C
C
P
P
P
P
C
Feed Store
C
Home occupation
C
P
P
P
P
P
P
P
C
Kiosk
C
C
C
C
C
C
C
Medical marijuana (dispensaries per
A.R.S. § 36-2801)
C
C
P
P
P
P
P
Medical marijuana (cultivation operation
per A.R.S. § 36-2801) 4
C
Mixed use
C
C
P
P
P
P
C
Non profit organization
C
C
C
C
C
C
C
Open air market
C
C
C
C
C
C
C
Push Cart
C
C
C
C
C
C
C
Restaurant
C
C
P
P
P
P
C
Restricted 2
C
C
C
C
C
Retail and service 2
C
C
P
P
P
P
C
CIVIC
Airport/heliport
C
C
C
C
Broadcast/recording
C
P
P
P
P
C
Bus Shelter
C
P
P
P
P
P
P
P
P
Community Center
C
C
C
C
P
P
P
P
C
Golf Course
C
C
C
C
C
C
C
C
C
Indoor amusement
C
C
C
C
P
P
P
P
C
Library
C
C
P
P
P
P
C
Museum
C
C
C
C
P
P
C
Outdoor recreation
C
C
C
C
C
C
C
C
C
Parking structure
C
C
C
P
P
P
C
Passenger terminal
C
C
C
C
P
P
C
PERMITTED USES BY ZONE1 3
NR
RA
SN
MP
MU
UC
TD
CP
EI
Playground
C
P
P
C
P
P
P
P
C
Private club
C
C
C
C
P
P
P
P
C
Public Art
C
P
P
C
P
P
P
P
C
Religious assembly
C
CP
C
C
P
P
P
P
C
Surface Parking Lot
C
P
P
P
P
P
P
P
P
Theater/auditorium
C
C
C
P
P
P
C
DWELLINGS1
Accessory dwelling
P
P
Duplex
P
P
Live/work unit
P
P
P
Multi-family
C
C
C
P
Mobile home/RV
P
Single unit attached
C
P
Single unit detached
P
P
C
P
Watchman’s quarters
P
P
P
P
P
P
EDUCATION
College/university
C
C
C
C
Daycare center (5+)
C
C
C
C
P
P
P
C
C
Elementary school
C
C
C
C
C
C
C
High school
C
C
C
C
Trade school
C
C
C
C
P
P
AUTOMOTIVE
Auto/RV sales/service
C
C
C
P
C
Billboard
C
C
C
C
P
C
PERMITTED USES BY ZONE1 3
NR
RA
SN
MP
MU
UC
TD
CP
EI
Drive-thru facility
C
C
P
P
P
P
Fuel service station
C
C
C
C
P
C
Rest stop
C
C
C
Roadside stand
C
C
C
Shopping center
C
P
P
P
P
Shopping mall
C
P
P
P
P
Truck maintenance
C
C
C
C
P
CIVIL SUPPORT
Cemetery
C
C
C
C
C
C
Fire station
P
P
P
P
P
P
P
P
P
Funeral home
C
P
P
P
P
C
Hospital
C
C
C
C
C
C
Medical/Dental clinic
C
C
P
P
P
P
C
Police station
P
P
P
P
P
P
P
P
P
LODGING
Bed and Breakfast (<6)
C
C
P
P
P
P
Group quarters (>6)
C
C
C
C
Inn (6-12)
C
C
P
P
P
P
Hotel/Motel (13+)
C
P
P
P
Residential facilities
P
P
C
P
Industrial
Cremation facility
C
C
C
P
Exterior storage yard
C
C
C
C
P
Hazardous materials
C
PERMITTED USES BY ZONE1 3
NR
RA
SN
MP
MU
UC
TD
CP
EI
Laboratory facility
C
C
C
P
Manufacturing (light)
C
C
C
C
P
P
Mining/material mix
C
C
Mini-storage
C
C
C
P
Oil and gas refinery
C
Recycling facility
C
Sewer/waste facility
C
C
C
P
Truck depot/terminal
C
P
Utility substation
C
C
C
C
C
C
C
C
P
Warehouse
C
C
C
C
P
Water supply facility
C
C
C
C
C
C
C
C
P
Wireless transmitter
C
C
C
C
C
C
C
C
C
PERMITTED ACCESSORY USES BY ZONE1
NR
RA
SN
MP
MU
UC
TD
CP
EI
Accessory Dwelling Unit
P
P
P
Home Occupation
C
P
P
P
P
P
P
P
C
Cargo Containers
P
Public Art
C
P
P
C
P
P
P
P
C
Livestock
P
Stable
C
P
C
C
P
1 All uses are subject to Military Airport Overlay Zones per A.R.S. § 28-8481.
2 Restricted uses include adult sexually oriented businesses, cargo containers, payday
loans, pawnshops, tattoo parlors, and piercing salons.
3 City facilities are permitted in any district and exempt from the site plan approval
process.
4 One thousand five hundred feet restricted distance from residential zones, public
facilities, parks, freestanding/permanent churches, and schools.
(Prior Code, § 21-4-3) (Ord. O10-01-02, passed 1-14-2010; Ord. O10-04-03, passed 4-
8-2010; Ord. O11-09-17, passed 9-22-2011; Ord. O12-11-10, passed 11-8-2012; Ord.
O14-07-06, passed 7-1-2014; Ord. O15-02-03, passed 2-17-2015; Ord. O15-10-08,
passed 10-6-2015; Ord. O15-12-12, passed 12-1- 2015; Ord. O17-08-08, passed 8-15-
2017; Ord. 018-12-15, passed 12-4-2018)
§ 154.053 ZONING STANDARDS.
The standards for each zone are set forth in the table below:
NR
Natural Reserve
RA
Rural Area
SN
Suburban Neighborhood
MP
Mobile Park
MU
Mixed Urban
UC
Urban Corridor
TD
Transit Development
CP/EI
Commerce Park and Employment/Industry
TABLE OF ZONE STANDARDS
Standard
NR
RA
SN
MP
MU
UC
TD
CP/EI
LOT OCCUPATION
Lot Area (sq. ft.)
per site plan 43,560
5,000
2,000
4,000
2,000
1,000
2,000
Lot
Width (minimum) per site plan 120 ft.
45 ft.
40 ft.
40 ft.
20 ft.
20 ft.
50 ft.
Lot
Cover
(maximum)
per site plan 25%
55%
80%
90%
90%
90%
90%
MINIMUM SETBACKS - PRINCIPAL BUILDING
Front (minimum)
per site plan 30 ft.
20 ft.
5 ft.
10 ft.
5 ft. *
5 ft. *
20 ft.
Side
St.
(minimum)
per site plan 20 ft.
10 ft.
5 ft.
10 ft.
5 ft. *
5 ft.*
10 ft.
Int.
Side
(minimum)
per site plan 20 ft.
5 ft.
5 ft.*
5 ft. *
5 ft. *
5 ft.*
5 ft. *
Rear (minimum)
per site plan 30 ft.
20 ft.
5 ft.
10 ft.
5 ft. *
5 ft. *
5 ft. *
Rear (minimum)
developments over 30
acres
15 ft.
Frontage
(minimum)
per site plan no
50%
50%
50%
50%
50%
no
MINIMUM SETBACKS-ACCESSARY BUILDING
Front (minimum)
per site plan 30 ft.
20 ft.
5 ft.
10 ft.
5 ft.*
5 ft. *
10 ft.
Side (minimum)
per site plan 5 ft.*
5 ft. *
5 ft.*
5 ft.*
5 ft. *
5 ft. *
5 ft.*
Rear (minimum)
per site plan 5 ft. *
5 ft.*
5 ft. *
5 ft.*
5 ft.*
5 ft.*
5 ft.*
MAXIMUM BUILDING HEIGHT
Principal (stories)
per
site
plan**
2**
2**
2**
2**
3**
5**
2**
Accessory
(principal)
below
below
below
below
below below below
below
BUILDING FUNCTION [See Table of Land Uses]
*No setback is required if structure is fire resistant per International Building Code and
Fire Code (IBC and IFC).
**Any building above 30 feet in height shall be subject to additional fire protection
precautions per IBC and IFC.
(Ord. O11-09-17, passed 9-22-2011; Ord. O17-08-09, passed 8-15-2017)
CARGO CONTAINERS
§ 154.090 LOCATION, PLACEMENT AND USE OF CARGO CONTAINERS.
(A) Definitions. As used in this section, the following definitions shall apply unless the
context clearly indicates or requires a different meaning:
CARGO CONTAINER. An article of transport equipment which falls into any of the
following categories:
(1) Designed or constructed for or used to facilitate the packing, shipping,
movement, or transportation of freight, articles, goods or commodities by one or more
modes of transport; and/or
(2) Designed to be or capable of being mounted or moved on a rail car, or mounted
on a chassis or bogie for movement by a tractor trailer, or loaded on to a ship; and/or
(3) A prefabricated metal structure designed for use as an individual shipping
container in accordance with international standards or a metal structure designed and
built for use as an enclosed truck trailer in accordance with U.S. Department of
Transportation standards.
PERMANENT. A period of time limit that exceeds four months on site without being
utilized for transportation purposes.
STACK/STACKING. A method of storing cargo containers or a chassis in a vertical
manner where the floor of the container or bed of the chassis remains parallel to the
ground.
TEMPORARY. A period of time that does not exceed four months on site while being
used for storage purposes.
(A B) Permitted locations.
(1) Cargo containers are permitted as an accessory structure as identified in Section
154.052 subject to the following:
(1 a) Except as provided in division (C D) of this section, cargo containers may not be
placed, stored or used on property zoned for residential use.
(2 b) Cargo containers may be placed, stored or used for temporary storage on
property zoned for neighborhood or general business, provided the business has
obtained a temporary storage permit from the Zoning Administrator. Cargo containers
may not be placed, stored or used on a permanent basis on any property zoned for
neighborhood or general business.
(3 c) Cargo containers may be placed, stored or used on property zoned for general
service or industrial for permanent storage, provided the placement, condition and use of
the cargo container complies with the provisions of division (C) of this section.
(B C) Standards and regulations.
(1) Cargo containers shall not be stacked on one another.
(2) Cargo containers shall not be used for living quarters and shall not be provided
with refrigeration, heating, electricity, or plumbing.
(3) Cargo containers used for permanent storage must be placed on an asphalt or
concrete surface and secured thereto.
(4) Cargo containers used for temporary storage must be placed to the rear of the
business and may not be placed within any designated landscape or flood retention or
detention areas.
(5) No cargo containers may be placed, stored or used on property or any area that
is within the flood plain or flood way.
(C D) Exemptions.
(1) Contractors licensed by the Arizona Registrar of Contractors may use cargo
containers in any zoning district for the storage of equipment and materials during the
period of construction at the construction site subject to the following:
(a) The construction must be properly permitted by the city;
(b) The container shall be removed from the property no later than seven calendar
days after the final inspection and approval of the construction by the city; or
(c) If construction ceases for a period of 30 days or is abandoned, the cargo
container shall be removed not later than seven days after notice to remove issued by the
city.
(2) Containers used during moving may be placed on residential zoned property for
a maximum of 14 days.
(3) Residential uses within the RA Zoning District may place and use cargo containers
for permanent storage subject to the following:
(a) Cargo containers that exceed 120 square feet in gross floor area shall be
considered an accessory building and require a building permit prior to placement.
(b) A maximum of two cargo containers, with a total maximum length of 80 feet,
are permitted per residential lot. The container(s) shall be located on the same lot
as the principal building. Placement of additional cargo containers shall require a
Conditional Use Permit.
(c) Containers must be placed in the rear yard of the principal building and not on
the street side of a corner lot.
(d) Stacking of cargo containers shall be prohibited.
(e) Containers must adhere to the regulations of the principal building with regard
to zoning standards (e.g., height, setback requirements, building coverage).
(E) Removal by city. Any cargo container(s) placed, stored or used in violation of this
section may be removed by the city if the property owner on which the cargo container(s)
is located fails to remove the cargo container(s) within 14 calendar days of notice by the
city of violation and order to remove. A notice of violation and order to remove shall be
deemed received by the property owner if the notice and order are mailed to the address
of the owner as listed in the records of the county assessor and a copy of the notice and
order are posted on the main entrance door or gate of the property. The city's cost to
remove and dispose of the cargo container shall be recorded as a lien against the
property.
(F) Existing nonconforming uses. A cargo container otherwise lawfully existing on
property prior to the adoption of this section that was lawfully placed and maintained under
prior zoning ordinance provisions shall be deemed a legal nonconforming use. Such
nonconforming use shall not be increased, enlarged, extended or altered, except the use
may be voluntarily changed by the operator to a conforming use within the property's
zoning district which meets all other applicable requirements of the City Code.
(Ord. O09-10-12, passed 10-8-2009)
GENERAL BUILDING AND DEVELOPMENT STANDARDS
§ 154.095 PURPOSE.
The purpose of this subchapter of the Zoning Ordinance is to establish general
development standards. These standards are intended and designed to assure
compatibility of uses, to prevent urban blight, deterioration, and decay, and to enhance
the health, safety, and general welfare of the residents of the community.
(Prior Code, § 21-6-1)
§ 154.096 USE OF LANDS, BUILDINGS, AND STRUCTURES.
(A) Only permitted uses to be constructed. No building or structure or part thereof shall
be erected, altered, or enlarged for a use, nor shall any existing building, structure, or part
thereof, or land, be used for a purpose or in a manner that is not in conformity with the
uses listed as principal, accessory or conditionally permitted uses for the zone in which
the buildings, structure, or land is situated subject to the provisions of this chapter.
(B) Height requirements enforced. No building, or part thereof, or structure shall be
erected, reconstructed, or structurally altered to exceed in height the limit herein
designated for the district in which the building is located, except as is specified in §
154.153.
(C) Yard requirements enforced. No building or part thereof or structure shall be
erected, nor shall any existing building be altered, enlarged, or rebuilt or moved into any
zone, nor shall any open space be encroached upon or reduced in any manner, except
in conformity to the yard, and setback, and accessory regulations designed for the zone
in which the building or open space is located except as is specified in § 154.153.
(D) Yard areas “non-transferable”. No yard provided around any building for the
purpose of complying with provisions of this chapter shall be considered as providing a
yard for any other building, and no yard for one building site shall be considered as
providing a yard for a building on any other building site.
(E) Use of mobile home or recreational vehicle outside of approved park. No person
shall park or occupy any recreational vehicle or mobile home on the premises of any
occupied dwelling or on any lot which is not a part of the premises of any occupied
dwelling, either of which is situated outside of any approved mobile home park or mobile
home subdivision except that the parking of only one unoccupied recreational vehicle in
any accessory private garage, or in a rear yard in any district, is permitted, providing no
living quarters shall be maintained or any business practiced in the recreational vehicle
while the recreational vehicle is so parked or stored; and except granted for occupying
the recreational vehicle or mobile home, under procedures established in § 154.157.
(Prior Code, § 21-6-2)
§ 154.098 ACCESSORY BUILDINGS, STRUCTURES, AND USES, AND
EQUIPMENT.
All accessory buildings, structures and uses are subject to the following regulations,
unless otherwise permitted or restricted by specific regulations of this section and
Ordinance.
(A) General Regulations for Accessory Buildings, Structures and Uses
(1)
No accessory building, structure or use shall be established on a lot prior to
the time of construction of the principal building to which it is accessory, except by
conditional use permit.
(2)
All accessory buildings or structures that exceed one hundred and twenty
(120) square feet in gross floor area shall require a building permit unless the City’s
adopted building codes exempt such buildings or structures.
(3)
No permit shall be issued for the construction of more than one detached,
accessory building located on a residential lot. However, there shall be no limit on the
number of accessory buildings located on a residential lot within the RA Zoning District
or located on any non-residential lot.
(4)
Accessory buildings, structures and uses must be operated and maintained
under the same ownership as the principal building to which they are accessory, unless
otherwise expressly stated.
(5)
No accessory building shall include a 220V outlet for a range or oven and
shall not be used for living, sleeping, or housekeeping purposes, except as allowed
within an accessory dwelling unit.
(B) Location Regulations for Accessory Buildings, Structures and Uses
(1)
Accessory buildings, structures and uses must be located on the same lot
as the principal building to which they are accessory, unless otherwise expressly stated.
(2)
If attached by any part of a common wall or covered roof to the principal
building, an accessory building shall be deemed a part of the principal building and shall
conform to the zoning standards of the zoning district in which the principal building is
located.
(3)
Detached Accessory buildings, structures or uses shall not be erected or
placed in any right-of-way, easement, or required front setback.
(4)
A detached accessory building or structure shall have a setback of at least
three (3) feet if fire rated and five (5) feet if not fire rated from every side and rear property
line, with the following exemption or as otherwise stated within this ordinance or
applicable building or fire code:
(a)
The setback shall be the same as required for the principal building
in the zoning district in which the accessory building or structure is located
whenever the accessory building or structure exceeds 7 feet in height.
(5)
No detached accessory building (e.g. freestanding garage, workshop,
stable, pool house, etc.) shall be located within six (6) feet if fire rated and ten (10) feet if
not fire rated of the site’s principal building.
(6)
Accessory structures (e.g. fence, deck, trellis, sunshade, etc.) may be
attached or detached from the principal building. All required separation for applicable
building and fire codes shall be met.
(7)
All accessory buildings or structures shall be further subject to applicable
encroachments, limitations and exceptions as stated in Section 154.099.
(C) Size Regulations for Accessory Buildings and Structures
(1) The footprint area of the principal building, accessory buildings and
accessory structures together must comply with the applicable lot coverage requirements
of the zoning district in which they are located.
(2) The maximum gross floor area for any accessory building or structure shall
not exceed 50 percent of the principal building footprint without a conditional use permit.
Except the maximum gross floor area for any accessory building or structure located
within the RA zoning district shall not exceed 100 percent of the principal building gross
floor area without a conditional use permit.
(3) Accessory buildings and structures located on residential lots shall not
exceed the height of the principal building. Except the maximum height of accessory
buildings and structures located within the RA zoning district shall be limited to the
maximum height requirements of the base RA zoning district.
(4) No accessory building or structure located on any lot with a non-residential
use shall exceed the height of the principal building except by conditional use permit.
(A) An accessory building shall be considered an integral part of the principal building
if it is connected to the principal building by a covered passageway.
(B) Accessory buildings, uses, or equipment shall not be stored or constructed
between the front lot line and front building setback line except for porches, steps, eaves,
and the like, as allowed in division (K) below.
(C) Accessory buildings and garages in residential districts shall not exceed the height
of the principal structure and shall not be located within a utility easement.
(D) No accessory building or garage for single-family homes shall occupy more than
25% of a rear yard. For lots less than one acre, the maximum floor area for accessory
buildings or garages shall not exceed 600 square feet of floor area without a conditional
use permit. For lots one acre or larger, the maximum floor area for accessory buildings or
garages shall not exceed 1,200 square feet without a conditional use permit.
(E) No permit shall be issued for the construction of more than one accessory,
detached, private garage structure for each dwelling.
(F) No accessory building or use shall be constructed or developed on a lot prior to
the time of construction of the principal building to which it is accessory, except by
conditional use permit.
(G) No accessory building in any business or industrial district shall exceed the height
of the principal building except by conditional use permit.
(H) Canopies, or roofs attached to the main building or connecting the main building
with a detached accessory building, may extend into a required rear or side yard provided
that portions of the structures extending into the yard:
(1) Shall not exceed 12 feet in height or project closer than five feet to a side or rear
lot line; and
(2) Shall be entirely open on at least three sides except for necessary supporting
columns; except that a roof connecting a main building and an accessory building shall
be open on two sides.
(I) Detached structures.
(1) A detached structure shall meet the setback requirements of the main building
for the front yard area.
(2) A detached accessory structure may be located within a side yard or rear yard;
provided, that when the structure is located closer than five feet to a side lot line, one-
hour fire walls shall be required.
(3) A detached structure shall maintain a minimum of five feet separation from the
main structure.
(D)
Additional Regulations for Accessory Buildings, Structures and Uses by Type
(1) Accessory Dwelling Unit (ADU)
(a)
One ADU is permitted per lot, subject to Section 154.052. The ADU
shall be located on the same lot as the principal building.
(b)
ADUs may only be placed on a lot where a single-family detached
dwelling exists.
(c)
ADUs may be fully detached or attached to the principal building by
a common wall or fully covered breezeway with a common roof structure
and improved floor.
(d)
ADUs may include a kitchenette, bathroom, and sleeping area.
(e)
The ADU shall not be sold separately.
(f)
If owner-occupied, the property owner, which shall include title
holders and contract purchasers, must occupy either the principal building
or the ADU as their principal residence. The residence or ADU that is not
occupied by the property owner may be rented or leased. If not owner-
occupied, ADUs may not be leased, subleased, or rented separate and
apart from the principal building. Whether the entire property is rented
short-term (less than 30-days) or long-term (30-days or greater), the
principal building and the ADU must be rented as a whole and may not be
rented or offered for rent independently.
(g)
An ADU shall have no separate water or utility meters.
(h)
Mobile homes, manufactured housing, recreational vehicles, travel
trailers, and any other wheeled or transportable structure shall not be used
as ADUs.
(i)
ADUs shall conform to the setbacks standards as specified in
Section 154.098.B and lot coverage standards of the zoning district in
which the principal building is located.
(j)
ADUs shall not exceed the height of the principal building.
(k)
The maximum size of an ADU shall be no more than 50 percent of
the principal building footprint.
(l)
ADUs shall not be considered a unit of density and therefore are not
included in the density calculation for a residential property.
(m)
Home occupations are permitted in an ADU.
(n)
One additional off-street parking space must be provided for any
ADU that exceeds 600 square feet in area.
(J 2) Swimming pools; private or semi-private. All private or semi-private swimming
pools shall meet the following standards.
(1 a) The pool and all structures housing appurtenances thereto shall be
not less than five feet from the nearest property line except, however, that
the pool or structure shall not be located between the front property line
and the front building setback line.
(2 b) Pool barriers shall be installed in accordance with state statutes. All
wall or fence must be set back from the edge of the swimming pool a
minimum of five feet.
(3 c) The pool or mechanical equipment shall be located so as to minimize
the noise and lessen the nuisance to nearby occupants of apartments and
houses.
(4 d) All swimming pool plans and safety devices proposed to be built or
erected in conjunction with swimming pools shall be first presented to the
Zoning Administrator for approval.
(3) Agricultural Uses
(a) Livestock
(i.) The keeping of livestock shall be permitted as specified in the Accessory
Use Category of Section 154.052, except all swine shall be prohibited.
(ii.) All areas (i.e. corrals or pens) used for grazing, exercising, or training of
livestock shall be securely fenced to prevent the livestock from straying, or a
suitable restraint shall be provided to prevent straying.
(iii.)
All structures, stables, or barns used for the keeping of livestock shall
be located behind the front face plane of the principal building. Said livestock
shelters fifteen feet (15’) in height or less shall be set back a minimum of five
feet (5’) from the rear and side property lines and livestock shelters over fifteen
feet (15’) in height shall adhere to the setback regulations of the principal
building, except no livestock shelter shall be placed within fifty (50) feet of any
residence, other than that of the residence owning the livestock.
(iv.)
Stables, coops, hives, aviaries, and other shelters used for the
keeping of livestock shall not exceed the height regulations of the applicable
zoning district.
(v.)
On-site slaughter shall be limited to livestock kept on property.
Slaughter shall not occur in view from any public area or any adjacent property
owned by another. Slaughter must be for personal consumption and shall be
conducted in a humane manner in accordance with A.R.S. § 3-2016.
(vi) All livestock pens, corrals, stables, shelters, and pastures shall be clean
and well maintained to minimize odor and pests. Animal wastes shall be
stored and removed in a manner that does not become a nuisance or violate
the health and sanitation provisions of the City Code and Maricopa County’s
Environmental Health Code.
(vii.)
It shall be unlawful to keep livestock in a manner that constitutes a
nuisance as specified under the City Code.
(K) Other structures. Porches, steps, architectural features such as eaves, awnings,
and chimneys, and balconies or stairways, wing walls, or bay windows, may not project
within five feet of the property line without compliance with the adopted building codes.
(Prior Code, § 21-6-4) (Ord. O11-09-17, passed 9-22-2011)
§ 154.104 PROPERTY ACCESS STANDARDS.
(A) Shared drive access.
(1) The city encourages sharing access drives between separate parcels. Some of
the following standards may be relaxed if shown during the site design review process
that more efficient design can be accomplished without jeopardizing the public’s health,
safety, and welfare. All changes are subject to approval by the Planning and Zoning
Commission. All drive accesses shall be approved by the City Engineer for width and
location.
(2) Commercial developments which may not be able to meet the requirements of
divisions (B) through (E) below, and are requesting deviations from the standards, shall
submit to the City Engineer a report certified by a professional engineer addressing the
following site conditions, both present and future.
(a) Traffic volumes;
(b) Turning movements;
(c) Traffic controls;
(d) Site design;
(e) Site distances; and
(f) Location and alignment of other access points.
(3) Based upon the above data, the City Engineer shall determine whether a
deviation from the requirement standards is justified and, if so, what alternative
requirements will be necessary.
(B) Drive access required. All non-residential off-street parking spaces shall have
access from a drive access and not directly from the public street. Access drives shall not
be less than 24 feet in width for two-way traffic nor less than 12 feet in width for one-way
traffic. Residential drive accesses shall be not less than ten feet in width.
(C) Distance from intersection. Driveway access distances from street intersections
shall be subject to the following minimum dimensions unless otherwise approved by the
City Engineer based upon submittal of an approved traffic impact report as described in
division (A) above.
Distance from Intersection on
Collector Streets*
Distance from Intersection on
Arterial Streets*
Intersecting Street
Res. Area
Comm./Ind.
Area
Res. Area
Comm./Ind
. Area
Arterial
100'
150'
200'
300'
Collector
100'
150'
150'
150'
Local
60'
100'
100'
150'
*Minimum distance from nearest curb face of intersecting street.
(D) Drive access spacing. Drive accesses to a public street except for single, two-
family, and townhouse dwellings shall be located as measured from inside of drive to
inside of drive according to the following specified distances, unless granted approval by
the Planning and Zoning Commission.
Collector Streets
Arterial Streets
Res. Area
Comm. Area
Res. Area
Comm. Area
Average Spacing
Partial Access*
60'
80'
80'
150'
Full Access**
200'
250'
200'
300'
Minimum Separation
60'
80'
80'
150'
* Partial access includes right turn in and out only.
** Full access allows all turn movements, in and out.
(E) Number of drive accesses. Each property may be allowed one drive access for
each 100 feet of street frontage. Single-family uses shall be limited to one drive access
per property. These conditions shall apply unless otherwise granted approval by the
Planning and Zoning Commission.
(Prior Code, § 21-6-11)
§ 154.105 OFF-STREET PARKING REQUIREMENTS.
(A) General provisions.
(1) Floor area. The term “floor area,” for the purpose of calculating the number of off-
street parking spaces required, shall be determined on the basis of the exterior-area
dimensions of the building, structure, or use multiplied by the number of floors, minus
10%, except as may hereinafter be provided or modified.
(2) Change of use or occupancy of buildings. Any change of use or occupancy of
any building or buildings, including additions thereto requiring more parking, shall not be
permitted until such additional parking spaces as required by this chapter are furnished.
(B) Parking for Residential Uses, excluding the Rural Area (RA) Zone.
(3 1) Parking accessory to a residential use. Off-street parking facilities accessory to
residential use shall be utilized solely for the parking of licensed and operable passenger
automobiles; no more than one truck not to exceed gross capacity of 12,000 pounds; and
recreational vehicles and equipment. Under no circumstances shall required parking
facilities accessory to a residential structure be used for storage of commercial vehicles
or equipment or for the parking of automobiles belonging to the employees, owners,
tenants, or customers of business or manufacturing establishments.
(4 2) Parking in residential setbacks. No motor home or recreational vehicle shall be
parked in any front or corner side setback. In rear setbacks, motor or recreational vehicles
shall be parked on a paved parking surface.
(C) Vehicle Parking and Storage in the Rural Area (RA) Zone
(1) For residential lots, off-street vehicle parking and storage shall adhere to the
following:
(a)
All vehicles shall be parked or stored on a designated surface that
minimizes dust and has a defined border. Designated surfaces shall be
maintained and kept free from weeds, grass, or other vegetative growth.
(b)
Vehicle parking or storage in landscaped areas shall be prohibited.
(2) Parked or stored vehicles shall not overhang into or obstruct any portion of a public
right-of-way.
(3) Except where otherwise permitted by the Zoning Code, any vehicle undergoing
repair must be titled to the owner or permanent occupant of the property.
(4) Inoperable vehicles shall not be parked or stored in a front yard.
(5) Vehicle parking or storage on corner lots shall be provided in a manner that does
not obstruct the site visibility triangle, where such a triangle exists or is required.
(6) The parking of commercial vehicles having a gross vehicle weight rating (GVWR)
of fourteen thousand (14,000) pounds or more is limited to two (2) commercial
vehicles.
(7) Outside storage of commercial vehicles shall be prohibited.
(8) No person shall park any vehicle with a gross vehicle weight rating in excess of
25,000 pounds, or a tractor, semi-trailer, trailer, or bus on any real property within the
RA district, except during the process of loading or unloading the vehicle or if in
association with a principal agriculture use.
(9) Except where otherwise permitted by the Zoning Code, all personal vehicles,
recreational vehicles, trailers, or equipment shall be owned by a permanent occupant
of the property or if not owned by a permanent occupant of the property, shall be
currently registered or licensed.
(10)
Recreational vehicles, utility and/or horse trailers, equipment, or
commercial vehicles shall be located in a garage, carport, side yard, rear yard, or
behind the front plane of the home.
(a)
Such apparatuses shall not be parked or stored between the front plane of
the home and the front property line (i.e. right-of-way).
(b)
Such apparatuses greater than twelve (12) feet in height, such as a typical
‘Class A’ RV, parked or stored outside on a property for more than 14 calendar
days shall adhere to all principal building setbacks.
(11)
Guests of the permanent occupant of the primary residence may use their
recreational vehicle or travel trailer as a dwelling for no longer than 21 total calendar
days per year provided the following conditions are met:
(a)
Such condition shall require an approved Temporary Use Permit.
(b)
Property owner is not renting, leasing, or accepting payment of any kind in
exchange for allowing a recreational vehicle or travel trailer to be parked and/or
occupied on the property.
(c)
Recreational vehicle or travel trailer is connected to the home’s electricity
supply. Use of generators shall be prohibited.
(d)
Recreational vehicle or travel trailer shall not connect to the City’s sanitary
sewer system on a residential property.
(12)
Recreational vehicles and travel trailers shall not serve as a primary
dwelling unless used for living quarters during construction. Such condition shall
require an approved Temporary Use Permit and an associated active building permit.
(B D) Stall, aisle, and driveway design.
(1) Parking dimensions. The following shall be the minimum parking space
dimensions.
Width 1
Length
Angle
Stand
ard
Handica
pped
Compact 4
Standard
Handica
pped
Compact 4
Aisle
Width 2
90 degrees
9'
13'
8'
18'
18'
16'
25'
60 degrees
9'
13'
8'
18'
18'
16'
20'
45 degrees
9'
13'
8'
18'
18'
16'
15'3
(a) As measured by a line perpendicular to the stall line at a point on the outside
end of the stall, except when the stall is on the inside edge of a curve, in which case the
point of measurement shall be on the inside end of the stall.
(b) For 90-degree parking, aisles are two-way; for 60 degree and 45 degree
parking they are one-way only.
(c) Except where needed as a fire lane in which case a 20-foot minimum is
required.
(d) Unless otherwise approved, all parking spaces shall be of standard width, but
in no case shall compact spaces exceed 30% of the total required spaces.
(2) Within structures. The off-street parking requirements may be furnished by
providing spaces so designed within the principal building or structure attached thereto;
however, unless provisions are made, no building permit shall be used to convert the
parking structures into a dwelling unit or living area or other activity until other adequate
provisions are made to comply with the required off-street parking provisions of this
chapter.
(3) Circulation between bays. Except in the case of single, two-family, townhouse,
three-family, and four-family dwellings, parking areas shall be designed so that circulation
between parking bays occurs within the designated parking lot and does not depend upon
a public street or alley. Except in the case of single, two-family, townhouse, three-family,
and four-family dwellings, parking area design which requires backing into the public
street is prohibited.
(4) Preserving off-site parking. When required, accessory off-street parking facilities
are provided elsewhere than on the lot with the same ownership or control, either by deed
or long-term lease, than the property occupied by the principal use, the owner of the
principal use shall file a recordable document with the city and County Clerk requiring the
owner and his or her heirs and assigns to maintain the required number of off-street
spaces during the existence of the principal use.
(5) Parallel parking spaces. Parallel parking spaces shall be a minimum of 22 feet in
length.
(6) Grade. The grade elevation of any parking area shall not exceed 3%.
(7) Surfacing. All areas intended to be utilized for parking space and driveways shall
be paved with materials suitable to control dust and drainage. Plans for paving and
drainage of driveways and stalls for five or more vehicles shall be submitted to the City
Engineer for his or her review, and the final drainage plan shall be subject to his or her
written approval.
(8) Striping. Except for townhouses and single-, two-, three- and four-family
dwellings, all parking stalls shall be marked with painted lines not less than four inches
wide.
(9) Lighting. Any lighting used to illuminate an off-street parking area shall be so
arranged as to reflect the light away from adjoining property, abutting residential uses,
and public rights-of-way, and be in compliance with this chapter.
(10) Signs. No sign shall be so located as to restrict the sight lines and orderly
operation and traffic movement within any parking lot. All signs shall conform to the city
sign requirements of the Sign Code for the city.
(11) Curbing. Except for townhouses and single-, two-, three-, and four-family
dwellings, all open off-street parking areas and driveways shall have a six- inch by six-
inch perimeter concrete curb and gutter around the entire parking lot built according to
standards provided by the City Engineer. Furthermore, the curb and gutter shall be no
closer than three feet to property lines. However, the city encourages shared access
between parcels which may eliminate the need for curbing around the entire perimeter of
a parcel. The Planning Director will determine whether more parcels sharing parking
and/or driveway accesses during the design review process, subject to approval by the
Planning and Zoning Commission.
(12) Protruding vehicles. All on-site parking stalls which abut property lines shall be
designed and constructed such that parked vehicles shall not protrude over property lines.
(13) Screening.
(a) Generally. Every parking facility containing four or more spaces abutting a city
street shall be separated from the street by a decorative wall, view obscuring fence,
permanently maintained compact hedge, berm, or a combination of the preceding
treatments, no less than 30 inches and not more than 42 inches in height.
(b) Screening in residential areas. Every parking facility abutting property located
in a residential district shall be separated from the property by a decorative wall, view
obscuring fence, or permanently maintained hedge no less than five nor more than six
feet in height.
(C) Maintenance. It shall be the joint and separate responsibility of the lessee and
owner of the principal use, uses, or building to maintain in a neat and adequate manner,
the parking space, accessways, striping, landscaping, and required fences.
(D) Use of required parking areas for parking only. Required accessory off-street
parking spaces in any district shall not be utilized for open storage, sale, or rental of
goods, or storage of inoperable vehicles.
(E) Number of spaces required. The following minimum number of off-street parking
spaces shall be provided and maintained by ownership, easement, and/or lease for and
during the life of the respective uses hereinafter set forth.
(1) Residential uses.
Off-Street Parking Spaces Required
Dwelling Types
With Street Parking
Without Street Parking
Single-family
2 spaces/unit
3 spaces/unit
Mobile homes
2 spaces/unit
3 spaces/unit
Two-family
2 spaces/unit
2.25 spaces/unit
Three-family
2 spaces/unit
2.25 spaces/unit
Four-family
2 spaces/unit
2.25 spaces/unit
Townhouse
2 spaces/unit
2.25 spaces/unit
Apartments
2.25 spaces/unit
2.25 spaces/unit
Boarding houses
2.25 spaces/unit
2.25 spaces/unit
Group homes
1 space per potential guest
room
1 space per potential guest room
(2) Non-residential uses.
Use Type
Off-Street Parking Spaces Required
Automobile sales
a. 1 space per 200 square feet of indoor floor area,
plus
b. 2 spaces per 20 outdoor vehicle display spaces.
Automobile service station
a. 2 spaces per service stall but no less than 4
spaces.
Automobile
washing
establishment
–
automatic drive-through
a. 3 spaces or one for each employee on
maximum shift, in addition to stacking space.
• Self-service
a. 2 spaces per stall not including washing or
drying spaces.
Bowling alley
a. 4 spaces per alley, plus
b. 2 spaces per billiard table, plus
c. 1 space per pinball and/or electronic game
machine, plus
d. 1 space per each five visitor gallery seats.
Church
a. 1 space per four seats based upon design
capacity of main assembly hall.
Community or recreation center
a. 1 space per 200 square feet of floor area.
Dance halls, skating rinks, or similar uses
a. 1 space per 300 square feet of floor area.
Court clubs, (racquetball, handball, tennis) a. 1 space per 200 square feet of floor area, plus
3 spaces per court.
Day care centers
a. 1 space per 200 square feet of floor area.
Elderly (senior citizens) housing
a. 1 space per unit.
Furniture stores over 20,000 square feet
a. 3 spaces per 1,000 square feet of floor area.
Golf courses
a. 1 space per 200 square feet of main building
floor area, plus
b. 1 space for every two practice tees in driving
range, plus
c. 4 spaces per each green in the playing area.
Hospital
a. 1 space per bed.
Manufacturing and industrial uses
a. 1 space per 450 square feet of floor area, plus
b. 1 space for each company owned truck if not
stored within the building.
Medical and dental offices
a. 4 spaces for each doctor or dentist, plus
b. 1 space for each employee.
Motels, hotels
a. 1.1 spaces per each guest room, plus
b. 1 space per employee on maximum shift, plus
c. Spaces for accessory uses as follows:
• Restaurants, bars, dining rooms
d. 1 space per 60 square feet.
• Commercial areas
e. 1 space per each 400 square feet of floor area.
• Public assembly areas
f. 1 space for each five seats based upon design
capacity, except that
g. Total off-street parking for public assembly may
be reduced by one space for every four guest rooms.
Nursing homes, rest homes, or similar uses
a. 4 spaces, plus
b. 1 space for each three beds,
c. 1 space for each employee on maximum shift.
Offices (except medical and dental)
a. Minimum of 4 spaces and
• Floor Area 0-5,000 square feet
b. 4 spaces per 1,000 square feet.
• Floor Area 5,000 - 20,000 square feet
c. 3.5 spaces per 1,000 square feet.
• Floor Area over 20,000 square feet
d. 3 spaces per 1,000 square feet.
Outdoor sales (plant nurseries, building
materials, equipment rental, and similar
uses)
a. 1 space per 300 square feet of sales and/or
display area.
Restaurants, cafes, bars, and similar uses
a. 1 space per 50 square feet of indoor public floor
area, plus
b. 1 sp. per 200 sq. ft. outdoor serving (patio) area.
Retail store and service establishments
a. 1 space per 250 square feet of floor area
Schools
• Elementary and/or Junior High
a. 1.5 spaces for each classroom library, lecture
hall and cafeteria, plus
b. 1 space per each three fixed seats in the main
area of public assembly, or
c. 1 space for each 21 square feet of area
available for public assembly if fixed seats are not
provided.
• Senior High
a. 1.5 spaces for each classroom or lecture hall,
plus
b. 1 space per each five students, plus
c. 1 space for each non-teaching employee, plus
d. 1 space per each three fixed seats in the area
of public assembly, or
e. 1 space per 21 square feet of area available for
public assembly if fixed seats are not provided.
• Business or similar school
a. 1 space for each 150 square feet of floor area.
Theater, auditorium, or similar place of
public assembly
a . 1 space per four seats based or upon design
capacity.
Warehousing, storage, or handling of bulk
goods
a. 1 space per 1,000 square feet of floor area
devoted to storage of goods, plus
b. 1 space for each employee on maximum shift,
plus
c. 1 space for each company truck not stored
inside of building, plus
d. Appropriate spaces to support accessory office
or retail sales facilities, subject to the office and/or
retail sales parking requirements.
(F) Joint use of parking facilities.
(1) Up to 80% of the parking facilities required by this subsection for a church or for
an auditorium incidental to a public or parochial school may be supplied by the off-street
parking facilities by the following daytime uses: banks, business offices, retail stores,
personal service shops, household equipment or furniture shops, clothing or shoe repair
or service shops, manufacturing, wholesale, and similar uses.
(2) Other joint use of parking by adjacent commercial uses to reduce total parking
spaces may be allowed with approved parking study submittal by a registered
transportation engineer.
(3) Conditions required for joint use.
(a) The building or use for which application is being made to utilize the off-street
parking facilities provided by another building or use shall be located within 300 feet of
the parking facilities.
(b) The applicant shall show that there is no substantial conflict in the operating
hours of the two buildings or uses for which joint use of off-street parking facilities is
proposed.
(c) A properly drawn legal instrument, executed by the parties concerned for joint
use of off-street parking facilities, duly approved as to form and manner of execution by
the City Attorney, shall be filed with the City Clerk and recorded with the County Recorder.
(G) Off-site parking.
(1) Any off-site parking which is used to meet the requirements of this chapter shall
be a conditional use as regulated by this chapter and shall be subject to the conditions
listed below.
(2) Off-site parking shall be developed and maintained in compliance with all
requirements and standards of this chapter.
(3) Reasonable access from off-site parking facilities to the use being served shall
be provided.
(4) The site used for meeting the off-site parking requirements of this chapter shall
be under the same ownership as the principal use being served, under public ownership,
or shall have guaranteed permanent use by virtue of a perpetual lease filed with the City
Clerk and County Clerk.
(5) Off-site parking for multiple-family dwellings shall not be located more than 200
feet from any normally used entrance of the principal use served.
(6) Off-site parking for non-residential uses shall not be located more than 300 feet
from the main entrance of the principal use being used.
(7) Any use which depends upon off-site parking to meet the requirements of this
chapter shall maintain ownership or prove a long-term irrevocable lease agreement for
parking utilization of the off-site location.
(Prior Code, § 21-6-12)
§ 154.108 HOME OCCUPATIONS.
(A) Purpose. It is the intent of this section to eliminate as home occupations all uses
except those that conform to the standards set forth in this section. In general, a home
occupation is an accessory use so located and conducted that the average neighbor,
under normal circumstances, would not be aware of its existence. The standards for home
occupations in this section are intended to ensure compatibility with other permitted uses
and with the residential character of the neighborhood, and a clearly secondary or
incidental status in relation to the residential use of the main building.
(A B) All Zones Except the Rural Area (RA) Zone
(1) Generally. A home occupation is an accessory use of a dwelling unit, conducted
entirely within the dwelling unit, carried on by one or more persons, all of whom reside
within the dwelling unit, where no persons are employed other than residents or domestic
help, and where the use is clearly incidental and secondary to the use of the dwelling for
residence purposes and does not change the character thereof or adversely affect the
uses permitted in the residential district of which it is a part. There shall be no outside
storage of any kind; any indoor storage, construction, alterations, or electrical or
mechanical equipment used, shall not change the fire rating of the structure or the fire
district in which the structure is located. The use may increase vehicular traffic flow and
parking by no more than one additional vehicle at a time. It shall not cause an increase in
the use of one or more utilities (water, sewer, or garbage) so that the combined total use
for dwelling and home occupation purposes of one or more utilities exceeds the average
for residences in the neighborhood. When a use is a home occupation, it means that the
owner, lessee, or other persons who have a legal right to the use of the dwelling unit also
have the vested right to conduct the home occupation after securing special permission
to do so from the Zoning Administrator. However, the person shall be subject to all
conditions set forth in this chapter, such as off-street parking, and to all other permits
required by the city, such as building permits and business licenses, and is encouraged
to check with city officials before establishing such home occupation.
(B) Purpose. It is the intent of this section to eliminate as home occupations all uses
except those that conform to the standards set forth in this section. In general, a home
occupation is an accessory use so located and conducted that the average neighbor,
under normal circumstances, would not be aware of its existence. The standards for home
occupations in this section are intended to ensure compatibility with other permitted uses
and with the residential character of the neighborhood, and a clearly secondary or
incidental status in relation to the residential use of the main building as the criteria for
determining whether a proposed accessory use qualifies as a home occupation.
(C 2) Necessary conditions. Home occupations are permitted accessory uses in
residential zones only so long as all the following conditions are observed.
(1 a) The occupation shall be conducted solely by resident occupants in their
residence.
(2 b) No more than one room or 25% of the gross area of one floor of the residence,
whichever is less, shall be used for the purpose. Use of accessory buildings or garages
for these purposes is prohibited.
(3 c) No use shall require internal or external alterations or involve construction
features or the use of electrical or mechanical equipment that would change the fire rating
of the structure or the fire district in which the structure is located.
(4 d) No home occupation shall cause an increase in the use of any one or more
utilities (water, sewer, garbage, and the like) so that the combined total use for dwelling
and home occupation purposes exceeds the average for residences in the neighborhood.
(5 e) There shall be no outside storage or any kind related to the home occupation.
(6 f) The use may increase vehicular traffic flow and parking by no more than one
additional vehicle at a time.
(7 g) No use shall create noise, dust, vibration, smell, smoke, glare, electrical
interference, fire hazard, or any other hazard or nuisance to any greater or more frequent
extent than that usually experienced in an average residential occupancy in the district in
question under normal circumstances wherein no home occupation exists.
(8 h) Complaints by citizens or residents may be cause for termination of the home
occupation.
(D 3) Examples of the uses that frequently qualify as home occupations. The following
are typical examples of uses which can be conducted within the limits of the restrictions
established in this section and thereby qualify as home occupations. Uses which may
qualify as “home occupations” are not limited to those named in this division (nor does
the listing of a use in this paragraph automatically qualify as a home occupation);
accountant; architect; artist; attorney-at-law; author; consultant; dressmaking; individual
stringed-instrument instruction; individual tutoring; insurance; millinery; preserving and
home cooking; realtor.
(E 4) Uses that are prohibited. The following uses by the nature of the investment of
operation have a pronounced tendency, once started, to rapidly increase beyond the
limits permitted for home occupations and thereby impair the use and value of a
residentially zoned area for residential purposes. Therefore, the following uses shall not
be permitted as home occupations: auto repair, minor or major; barber shop; carpentry
work; dance instruction; dental office; medical office; painting of vehicles, trailers, or
boats; photo developing; photo studios; private schools with organized classes; radio
repair; television repair; upholstering.
(Prior Code, § 21-6-15)
(C) Home Occupations, Rural Area (RA) Zone Only
(1) Generally. Due to the rural character of the Rural Area (RA) Zone, home
occupation allowances in this zone are less restrictive than those found in other
residential zones within the City. Home occupations are an accessory use of a single-
family residential dwelling unit, typically conducted within the dwelling unit, with certain
exceptions, and are clearly incidental and secondary to the use of the dwelling for
residential purposes. Home occupations shall not alter the character of the area or
adversely affect the primary uses permitted in the zoning district and shall adhere to the
following:
(a) The business shall be operated by at least one permanent resident of the home
and may employ up to one non-resident who is required to report in-person to the home
for employment at the home, except for those uses identified below which are unique to
the RA – Rural Area Zone.
(b) The owner, lessee, or other persons who have legal right to the use of the
dwelling shall be subject to all conditions set forth in this chapter, such as off-street
parking and lighting, and to all other permits required by the city, such as building permits
and business licenses, and is encouraged to check with city officials before establishing
such home occupation.
(c) Business conducted on the property shall be conducted entirely indoors, except
for those uses identified below which are unique to the RA – Rural Area Zone.
(d) No more than one room or 25% of the gross area of one floor of the principal
dwelling, whichever is less, or any accessory building shall be used for the purpose,
except for those uses identified below which are unique to the RA – Rural Area Zone.
(e) No use shall require internal or external alterations or involve construction
features or the use of electrical or mechanical equipment that would change the fire rating
of the structure or the fire district in which the structure is located.
(f) Hours of business operation shall be limited to 7:00am to 6:00pm MF,
or obtain a conditional use permit.
(g) No home occupation shall cause an increase in the use of any one or more
utilities (water, sewer, garbage, and the like) so that the combined total use for dwelling
and home occupation purposes exceeds the average for residences in the neighborhood.
(h) There shall be no outside storage of any kind related to the home occupation,
except for those uses identified below which are unique to the RA – Rural Area Zone.
(i) No use shall create noise, dust, vibration, smell, smoke, glare, electrical
interference, fire hazard, or any other hazard or nuisance to any greater or more frequent
extent than that usually experienced in an average residential occupancy in the district in
question under normal circumstances wherein no home occupation exists.
(j) Complaints by citizens or residents may be cause for termination of the home
occupation.
(k) The use may increase vehicular traffic flow and parking by no more than one
additional vehicle at a time, except for those uses identified below which are unique to
the RA – Rural Area Zone.
(l) For all home occupations requiring customer or employee parking, parking shall
be provided on the subject property on a designated surface that minimizes dust and has
a designated border, parking in landscape areas shall be prohibited.
(m) In-person retail sale of new or used merchandise shall be by appointment only.
(n) Business signage shall be prohibited.
(2) Specific conditions. Specific home occupations are permitted accessory uses in
the Rural Area (RA) Zone provided the following conditions are observed:
(a) Businesses such as landscape maintenance and general construction, where
work is performed off-site, but employees regularly report to the home for instruction
and/or to pick up equipment are permitted subject to the following:
(i) All employee vehicles shall be parked on the subject property
(ii) Work trailers or equipment may be parked on the subject property, but
shall be screened from public view and be subject to Section 154.105.C.
(b) Businesses with outdoor components including, but not limited to, swim
lessons, horseback riding / training, or similar uses requiring outdoor activities are
permitted subject to the following:.
(i) No more than five client vehicles on the property at any given time.
(ii) Arena and stadium lighting shall be prohibited in any front yard..
(iii) Special events, shows, or similar uses that include spectators shall be
prohibited.
(c)
Automotive uses consisting of retail sale and installation of aftermarket
components and accessories, machining or fabrication of parts; body work;
painting; and similar uses are prohibited with the following exceptions:
(i) Minor repairs such as maintenance and removal and replacement of
standard parts shall be permitted provided: All work and storage shall
occur indoors; No more than one (1) vehicle to be serviced shall be
located on the property at any given time;; and Testing and tuning of non-
muffled or other open-exhaust vehicles shall be prohibited.
(ii) All other automotive related uses shall require a Conditional Use Permit
(CUP).
(d)
Creative Endeavors, including fabrication with wood, metal, glass, clay or similar
mediums shall include and be subject to the following:
(i)
All noise generating activities shall occur indoors.
(ii)
Outside storage of fabrication material shall be permitted, but shall be
kept in an orderly manner and screened from public view.
(iii) On-site mass produced commercial-scale manufacturing and/or sales
shall be prohibited. For example: non-custom cabinet making or
furniture making or bulk sales shall not be considered a Creative
Endeavor.
(Prior Code, § 21-6-10.4) (Ord. O10-01-01, passed 2-11-2010)