Zoning Text Amendments
Extracted text (via pymupdf)
395904 characters
El Mirage, AZ Code of Ordinances
CHAPTER 154: ZONING CODE
Section
General Provisions
154.001 Citation of chapter
154.002 Adoption
154.003 Purpose and nature of regulations
154.004 Relation to El Mirage general plan
154.005 Severability
154.006 Conflict with other regulations
154.007 Private agreements
Definitions
154.020 Definition of terms
Administration
154.035 Administrative agencies
154.036 Planning and Zoning Commission
154.037 Board of Adjustment
154.038 Zoning Administrator
154.039 Method of documenting amendments
Establishment of Zones
154.050 Zone classifications
154.051 Interpretation of zone boundaries
154.052 Permitted uses by zone
154.053 Zoning standards
Zone District Regulations
154.065 Planned area development (P.A.D.)
154.066 Floodway overlay zone (F-1)
154.067 Floodplain overlay zone (F-2)
154.068 Airfield impact overlay zone (A-1)
Thunderbird Road Overlay District
154.081 Thunderbird Road overlay district (TROD)
Adult or Sexually Oriented Businesses
154.085 Definitions
154.086 Location regulations
154.087 Application
154.088 Existing nonconforming uses
154.089 Restricted use locations
Cargo Containers
154.090 Location, placement and use of cargo containers
General Building and Development Standards
154.095 Purpose
154.096 Use of lands, buildings, and structures
154.097 Dwelling unit restrictions
154.098 Accessory buildings, uses, and equipment
154.099 Setback encroachments, limitations, and exceptions
154.100 Height encroachments, limitations, and exceptions
154.101 Fences and walls
154.102 Required screenings
154.103 Landscaping requirements
154.104 Property access standards
154.105 Off-street parking requirements
154.106 Off-street loading berth requirements
154.107 Miscellaneous requirements
154.108 Home occupations
154.109 Non-conforming uses and structures
154.110 Wireless communication facilities
Sign Regulations
154.125 Purpose
154.126 Definitions
154.127 General provisions
154.128 Location, design, and construction specifications
154.129 Regulations by zone
154.130 Temporary signs
154.131 Flags and flagpoles
154.132 Master sign program
154.133 Kiosk signs
154.134 Non-conforming signs
154.135 Permits, administration, and enforcement
154.136 Conflict
Administrative Procedures
154.150 Procedure for amendments to this chapter
154.151 Procedure for rezonings
154.152 Citizen review process
154.153 Procedure for variances from this chapter
154.154 Procedure for site plan approval
154.155 Procedure for conditional use permit
154.156 Procedure for operating a home occupation
154.157 Procedure for special temporary use permit
154.158 Procedure for planned area development (P.A.D.)
approval
154.159 Procedure for appeals to Board of Adjustment
154.160 Fees
154.999 Penalty
GENERAL PROVISIONS
§ 154.001 CITATION OF CHAPTER.
This chapter shall be known as and may be cited as the “El Mirage Zoning Ordinance”,
except that when cited herein, it shall be referred to as “this chapter.”
(Prior Code, § 21-1-1)
§ 154.002 ADOPTION.
This chapter is adopted as the city’s Zoning Ordinances relating to Comprehensive
Planning and Zoning, pursuant to provisions of Arizona law, including, without limiting the
generality of the foregoing, A.R.S. §§ 9-462 and 9-462.01 to 9-462.07, inclusive, as
amended.
(Prior Code, § 21-1-2)
§ 154.003 PURPOSE AND NATURE OF REGULATIONS.
It is the intent and purpose of this chapter to protect the public health, safety, and
general welfare of the community and the people of the city through the establishment of
minimum regulations governing development and use of land. This chapter shall divide
the city into districts and establish regulations in regard to location, erection, construction,
reconstruction, alteration, and use of structures and land. The regulations are established
to promote orderly development and redevelopment; to provide adequate light, air, and
access to property; to prevent congestion in the public rights-of-way; to prevent
overcrowding of land and undue concentration of structures by regulating land, buildings,
yards, and density of population; to provide for compatibility of different land uses; to
provide for administration of this chapter; to provide for amendments; to prescribe
penalties for violation of the regulations; and to define powers and duties of the city staff,
the Planning and Zoning Commission, the Board of Adjustment, and the City Council in
relation to this chapter.
(Prior Code, § 21-1-3)
§ 154.004 RELATION TO EL MIRAGE GENERAL PLAN.
All zoning and rezoning ordinances or regulations adopted under this chapter shall be
consistent with and conform to the adopted general plan per A.R.S. § 9-462.01(F).
(Ord. 11-09-17, passed 9-22-2011)
§ 154.005 SEVERABILITY.
It is hereby declared to be the intention of the city that the provisions of this chapter are
separable in accordance with the following:
(A) If any court of competent jurisdiction shall adjudge any provision of this chapter to
be invalid, that judgment shall not affect any other provisions of this chapter not
specifically included in the judgment; and/or
(B) If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this chapter to a particular property, building, or other structure, that judgment
shall not affect the application of the provision to any other property, building, or structure
not specifically included in the judgment.
(Prior Code, § 21-1-5)
§ 154.006 CONFLICT WITH OTHER REGULATIONS.
In the case of a conflict between this chapter and/or any part thereof, or any other
ordinance of the city, the more restrictive provision in all cases shall apply.
(Prior Code, § 21-1-6)
§ 154.007 PRIVATE AGREEMENTS.
(A) The provisions of this chapter are not intended to interfere with or abrogate or
annul any easements, covenants, or other agreements between private parties when the
easements, covenants, or other agreements are more restrictive or otherwise not in
conflict with this chapter.
(B) When the easements, covenants, or other agreements are less restrictive or
otherwise in conflict with this chapter, this chapter shall prevail.
(Prior Code, § 21-1-7)
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
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)
ADMINISTRATION
§ 154.035 ADMINISTRATIVE AGENCIES.
The following will have primary responsibility of administering this chapter as
established and prescribed in this subchapter:
(A) Planning and Zoning Commission;
(B) Board of Adjustment; and
(C) Zoning Administrator.
(Prior Code, § 21-2-1)
§ 154.036 PLANNING AND ZONING COMMISSION.
(A) Establishment of the Planning and Zoning Commission. There is hereby created a
Planning and Zoning Commission of the city, which shall promote the health, safety,
order, beauty, prosperity, and general welfare of the city, and shall secure efficiency,
economy, and concerted effort in its growth and development.
(B) Membership.
(1) The Planning and Zoning Commission shall consist of five members, who shall
be residents of the city, representing, insofar as possible, different professions or
occupations. Members shall be appointed by the Mayor with the approval of a majority
vote of the City Council. Insofar as possible, appointment of members shall be made so
as to constitute equal representation for all areas within the city. Members of the Planning
and Zoning Commission shall serve without pay or compensation of any kind except
actual expenses and shall hold no other municipal or county office, except that one
member may serve on the Board of Adjustment.
(2) When a position becomes available on the Planning and Zoning commission, a
classified ad for “Volunteer Planning and Zoning Commissioner” shall appear in a local
newspaper for one day of two consecutive weeks. This position shall also be posted at
all four city posting locations; the city Water Utility Department, the city Public Works
Department, the CAP Office and the Maricopa County Library – El Mirage. Each applicant
will be required to fill out a Planning and Zoning Commissioner Application and return it
to the City Clerk. At the end of a two- to three-week period, the applications will be turned
over to the Commissioner Review Board who will interview qualified candidates. After the
interview process, a recommendation will be made to the Council for approval of
appointment.
(3) The Commission Review Board shall be made up of three Council members
appointed by Council.
(C) Term of office. The term of office of members of the Planning and Zoning
Commission shall be two years, providing that the appointments first made under this
chapter shall be two for one year and three for two years, with the effective date of
appointment being January 1, 1987. Members may be reappointed. All members shall
hold office until their successors are appointed and qualified. Any member of the Planning
and Zoning Commission may be removed by the Mayor with the consent of a majority
vote of the City Council for inefficiency, neglect of duty, malfeasance in office, or other
good and sufficient cause. Failure to attend three regular meetings in a calendar year
and/or three special meetings or any combination thereof resulting in the absence of three
consecutive meetings in a calendar year will be considered cause for removal. Vacancies
occurring other than through the expiration of the term shall be filled for the unexpired
term by the Mayor with the approval of a majority vote of the City Council.
(D) Organization. The Planning and Zoning Commission shall elect a Chairperson
from the members of the Planning and Zoning Commission and shall create and fill such
other of its offices as it may determine. The Chairperson shall be eligible for reelection.
The Planning and Zoning Commission shall schedule at least one regular meeting in each
month at such time and place as may be fixed by the Planning and Zoning Commission.
If there is no business to conduct, the meeting may be cancelled by posting the
cancellation 24 hours prior to the scheduled meeting. The Zoning Administrator shall be
responsible for posting the cancellation. Special meetings of the Planning and Zoning
Commission may be called by the Chairperson, by any three members of the Planning
and Zoning Commission, or the City Manager. A majority of the Planning and Zoning
Commission shall constitute a quorum for the transaction of business. The Planning and
Zoning Commission shall adopt such other rules and regulations governing its
organization and procedures as it may deem necessary, which rules and regulations shall
be subject to the approval of the governing body of the city and shall not be inconsistent
with the ordinances of the city and the laws of Arizona. The Planning and Zoning
Commission shall keep a record of its resolutions, transactions, findings, and
determinations, which record shall be a public record. The Planning and Zoning
Commission shall make each year, and at such other times as directed by the Mayor, a
report to the Mayor and City Council of its proceedings with a full statement of its receipts,
disbursements, and the progress of its work during the preceding fiscal year.
(E) Duties of the Planning and Zoning Commission. It shall be the duty of the Planning
and Zoning Commission to:
(1) Submit and recommend to the City Council a zoning map dividing the city into
districts of such number, shape, and area as may be determined best suited to carry out
the purposes of this chapter and with the provisions of Arizona Revised Statutes and,
within such districts, it shall recommend such regulations and restrictions concerning the
erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or
land as it shall deem to be in the best interests of the city and its inhabitants;
(2) Determine and recommend to the City Council decisions regarding the
classification of parcels of land from one zoning district to another;
(3) Recommend to the City Council changes in any of the regulations of this chapter
as to the use of land in any district, or as to the restrictions upon buildings or structures
therein by amendment to this chapter;
(4) Review or delegate review of site plans for multiple-dwelling residential structures
and developments, commercial development, and industrial development and to
determine the appropriate action and requirements for each site plan of the development,
as called for in this chapter;
(5) Determine and make decisions regarding conditional uses as provided for under
this chapter;
(6) Determine and make decisions regarding special temporary uses as provided
under this chapter;
(7) Make and recommend to the City Council for adoption a general plan to guide
the physical development of the city;
(8) Provide recommendations to the City Council concerning purchase of sites for
city buildings, parks, and other city improvements, the widening, opening, vacation, or
other changes to city streets or other public ways, the ornamentation of city sites, streets,
grounds of premises, and other issues that may tend to promote the public health, safety,
comfort, convenience, utility, and welfare in connection with the City’s General Plan; and
(9) Make recommendations to the City Council on matters regarding the
interpretation, enforcement, and administration of the El Mirage Subdivision Ordinance.
(Prior Code, § 21-2-2)
§ 154.037 BOARD OF ADJUSTMENT.
(A) Board of Adjustment. The City Council shall serve as the Board of Adjustment
unless a Board of Adjustment is hereby established consisting of five members to be
appointed by the Mayor and with the consent of the City Council. The members shall be
residents of the city.
(B) Membership. Each member of the Board of Adjustment shall be appointed for a
term of two years, provided that the appointments first made under this chapter shall be
two for one year and three for two years, with the effective date of appointment being
January 1, 1987, and thereafter, each appointment shall be made for the full term of two
years; vacancies shall be filled by appointment for the unexpired term of any member
whose term becomes vacant. Members shall not serve more than two consecutive three-
year terms. Before entering upon the duties of his or her appointed position, each member
shall take and subscribe an oath to support the Constitution and laws of the United States
and the State of Arizona, and the ordinances of the city.
(C) Adoption of rules. The Board of Adjustment shall adopt by-laws and rules
governing its organization and meetings, and the by-laws and rules shall be subject to the
approval of the governing body of the city and shall not be inconsistent with the
ordinances of the city and the laws of the State of Arizona. It shall be the duty of the
Chairperson to call a meeting of the Board to pass upon and determine all variances and
appeals and all other matters upon which it is the duty of the Board to act. The Board
shall meet at any other times as it may prescribe in its rules. The Chairperson of the
Board, or in his or her absence, the acting Chairperson, may administer oaths and compel
the attendance of witnesses. All meetings of the Board shall be open to the public. The
Board shall keep minutes of all its proceedings, showing the vote of each member upon
each question, or if absent, or failing to vote, indicating that fact, and shall keep records
of its examination of other official actions, all of which shall be immediately filed in the
offices of the Board and shall be of public record.
(D) Appeals to the Board of Adjustment. Appeals to the Board of Adjustment may be
taken by any person or by any officer, department, board, or commission of the city,
aggrieved or affected by the decision of any administrative officer. The appeal shall be
taken within 30 days of the aggrievement by filing with the officer from whom the appeal
is taken, and with the Board of Adjustment, a notice of appeal specifying the grounds.
The officer from whom the appeal is taken shall forthwith transfer to the Board all of the
papers constituting the record upon which the appealed action is taken.
(E) Duties of the Board of Adjustment. The Board of Adjustment shall be, and it is
hereby, endowed with the following enumerated duties:
(1) To hear and decide appeals where it is alleged that an error exists in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of this chapter or of any ordinance adopted pursuant to this chapter;
(2) To vary or adjust the strict application of the requirements of this chapter in the
case of an irregular, narrow, shallow, or steep lot or other physical condition applying to
a lot or building as a result of which strict application would result in practical difficulty or
unnecessary hardship that would deprive the owner of the reasonable use of the land or
building involved. Any such variance granted shall be granted according to the
requirements and procedures established by this chapter. Variances may be granted only
for hardships related to the physical characteristics of land. Variances to this chapter
related to permitted, accessory, and/or conditional uses in any use district shall not be
allowed. No variance or adjustment in the strict application of any provision of an
ordinance may be granted unless:
(a) Special circumstances or conditions, fully described in the Board’s findings, are
peculiar to the land or building for which the adjustment is sought and do not apply
generally to land or buildings in the neighborhood and have not resulted from any act of
the applicant subsequent to the adoption of this chapter;
(b) For reasons fully set forth in the Board’s finding, the circumstances or
conditions are such that the strict application of the provisions of this chapter would
deprive the applicant of the reasonable use of the land or building, the granting of the
adjustment is necessary for the reasonable use thereof and the adjustment as granted is
the minimum adjustment that will accomplish this purpose; and
(c) The granting of the adjustment is in harmony with the general purpose and
intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental
to the public welfare.
(3) To grant exceptions and variances upon request where, after a showing that an
illegal construction or a non-conforming building or use existed for a period of at least five
years in violation of zoning ordinances and the city, with knowledge of the existence of
the condition, has not taken any steps toward elimination of the violations.
(Prior Code, § 21-2-3)
§ 154.038 ZONING ADMINISTRATOR.
(A) Establishment of Zoning Administrator. The staff position of Zoning Administrator
shall be and is hereby established for the general and specific administration of this
chapter. The Zoning Administrator shall be appointed by the City Manager and shall
perform such duties as set forth in this chapter.
(B) Duties of the Zoning Administrator. It shall be the responsibility of the Zoning
Administrator to perform the following duties:
(1) Receive, process, record, and administer all requests for approvals and permits,
as governed by this chapter;
(2) Advise and recommend to the Planning and Zoning Commission, the Board of
Adjustment, and the City Council regarding requests for approvals and permits as
required by this chapter;
(3) Direct such inspections, observations, and analyses of any and all erection,
construction, reconstruction, alteration, repair, or use of buildings, structures, or land
within the city relating to the regulations and restrictions as set forth by this chapter;
(4) To take such action as is necessary for the enforcement of this chapter relating
to violations of the regulations and restrictions;
(5) To pass upon all building permits to determine if the proposed construction,
remodeling, or alterations are in conformity with the provisions of this chapter; and
(6) To ensure compliance with state statutes, following city notification procedures
for proposed residential developments impacted by high noise and accident potential
generated by Luke Air Force Base will be adhered to effective February 27, 1998. Upon
submission by individual(s) on land use and zoning applications, staff will review
applications for completeness and proceed with the following:
(a) A notice by first class mail shall be sent to the Arizona Military Airport
Preservation Committee, Chair and/or Co-Chairs informing them of a proposed residential
development that is the vicinity of a military airport and on which the day-night average
sound level is 65 decibels or greater.
(b) A notice by first class mail shall be sent to the property owner(s) at the address
shown on the record of the county assessor 30 days before final approval of the change
in the land use plan or zoning regulation.
(c) A notice by first class mail shall be sent to the same property owner(s)
immediately following the final approval of such a change in the plan or regulation.
(Prior Code, § 21-2-4)
§ 154.039 METHOD OF DOCUMENTING AMENDMENTS.
(A) Any official amendments to this chapter of the city shall be incorporated in a timely
manner. The amendments shall be added to or deleted from the appropriate place. Where
additional pages are required due to any amendment, the necessary pages shall be
paginated using the proceeding page number followed by the appropriate alphabetical
designation (5a, 5b, and the like).
(B) Amendments will be followed by the ordinance number and date of adoption which
shall appear in parentheses.
(C) The table of contents shall be amended as necessary to reflect the amendments.
(Prior Code, § 21-2-5)
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.
(Prior Code, § 21-4-1) (Ord. 11-09-17, passed 9-22-2011; Ord. O14-05-02, passed 5-6-
2014; Ord. O17-12-13, passed 12-5-2017)
§ 154.051 INTERPRETATION OF ZONE BOUNDARIES.
Where uncertainty exists with respect to any of the boundaries of the zones as shown
on the zoning map, the following rules shall apply:
(A) Where zone boundaries are indicated as approximately following the center lines
of street, highway, or railroad rights-of-way or the lines extended, the center lines or the
lines extended shall be construed to be such boundaries.
(B) Where zone boundaries are indicated as approximately following the corporate
limit line of the city, the corporate limit line shall be construed to be the boundaries.
(C) Where zone boundaries are indicated as approximately following property lines or
the lines extended, the property lines or the lines extended shall be construed to be the
boundaries.
(D) Where zone boundaries are indicated as approximately following the center line or
stream beds or river beds, the center lines or the lines extended shall be construed to be
the boundaries.
(E) No zone boundary line shall hereinafter be established to divide one lot into two or
more zones unless the size of the lot in question is such that division is determined to be
essential by the Planning and Zoning Commission and the City Council.
(Prior Code, § 21-4-2)
§ 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)
ZONE DISTRICT REGULATIONS
§ 154.065 PLANNED AREA DEVELOPMENT (P.A.D.).
(A) Purpose.
(1) As an alternative to conventional zoning and development approaches and
processes, the Planned Area Development (P.A.D.) procedures and regulations are set
forth to enhance the city in order that the public health, safety, and general welfare be as
the city increasingly urbanizes: to encourage innovations in residential, commercial, and
industrial development so that greater opportunities for better housing, recreation,
shopping, and employment may extend to all citizens and residents of the city; to reflect
changes in the technology of land development; to encourage a more creative approach
in the utilization of land in order to accomplish a more efficient, aesthetic, and desirable
development which may be characterized by special features of the geography,
topography, size, or shape of a particular property; and to provide a compatible and
stable, developed, environment in harmony with that of the surrounding area.
(2) The P.A.D. may include any development having one or more principal use or
structures on a single parcel of ground or contiguous parcels. The P.A.D. shall consist of
a harmonious selection of uses and groupings of buildings, parking areas, circulation, and
open spaces, and shall be designated as an integrated unit, in such manner as to
constitute a safe, efficient, and convenient urban area development.
(B) General requirements and standards.
(1) Ownership. The tract shall be a development of land under unified control at the
time of application and planned and scheduled to be developed as a whole.
(2) Conformance with general plan. The land uses and design of the proposed
P.A.D. shall be consistent with the city’s General Plan.
(3) P.A.D. regulations. The minimum total P.A.D. shall be no less than three acres
unless the applicant can show that the minimum P.A.D. requirements should be waived
because the waiver would be in the public interest and that one or both of the following
conditions exist.
(a) Unusual physical features of the property itself or of the surrounding area are
such that development under the standard provisions of this zoning ordinance would not
be appropriate in order to conserve a physical or terrain feature of importance to the
neighborhood or community.
(b) The property is adjacent to or across the street from property which has been
developed under the provisions of this section and will contribute to the amenities of the
area.
(4) Uses in a P.A.D. Any use may be allowed in a P.A.D. provided it is consistent
with the general plan.
(5) Residential density in P.A.D.s.
(a) Residential development in a P.A.D. may provide for a variety of housing types
allowed in any one of the basic residential zoning districts. In addition, the number of
dwelling units allowed may be flexible relative to the number of dwelling units allowed
may be flexible relative to the number of dwelling units per acre that would be permitted
by the zoning regulations otherwise applicable to the site. However, the total number of
dwelling units and the resulting density allowed in a P.A.D. shall be consistent with the
land use plan of the city’s general plan.
(b) In determining the reasonableness of the densities in a P.A.D., the Planning
and Zoning Commission and City Council shall consider increased efficiency in the
provision of public facilities and services based, in part, upon:
1. The location, amount, and proposed use of common open space;
2. The location, design, and type of dwelling units;
3. The physical characteristics of the site; and
4. Particular distinctiveness and excellence in siting, design, and landscaping.
(6) Front, rear, and side yard building setback regulations. Residential building
setbacks from all property lines which form the perimeter of the P.A.D. or from all interior
and exterior dedicated street right-of-way lines or from the paving of any private interior
circulation streets shall be no less than 20 feet; commercial building setbacks shall be no
less than 20 feet or the height of the building, whichever is greater.
(7) More than one building per lot. More than one building may be placed on one
platted or recorded lot in any P.A.D. Areas for single-family detached dwellings or other
housing types providing privately owned lots must comply with the city’s subdivision
ordinance in all respects not specifically noted in this section as appropriate variances or
waivers.
(8) One housing type not inconsistent with intent. A P.A.D. which only involves one
housing type such as all detached or all attached units shall not be considered
inconsistent with the stated purposes and objectives or this section and shall not be the
sole basis for denial or approval.
(9) Architectural style, appearance. Architectural style of buildings shall not solely be
a basis for denial or approval of a plan. However, the overall appearance and compatibility
of individual buildings to other site elements or to surrounding development will be primary
considerations during P.A.D. review by the Planning and Zoning Commission and
Council.
(10) Phasing of development.
(a) Any P.A.D. plan proposed to be constructed in phases shall include full details
relating thereto, and the City Council may approve or modify, where necessary, any such
proposals.
(b) The phasing shall include the time for beginning and completion of each phase.
The timing may be modified by the city on the showing of good cause by the developer.
(c) The land owner or developer shall make such easements, covenants, and other
arrangements and shall furnish such financial guarantees as may be determined by the
city to be reasonably required to assure performance in accordance with the plan and to
protect the public.
(11) Street utilities, services, and public facilities. The uniqueness of each proposal
for a P.A.D. may allow specifications and standards for streets, utilities, and specifications
and standards for streets, utilities, and services to be subject to minor modifications of the
specifications and standards established in this and other city ordinances governing their
construction. The city may, therefore, waive or modify the specifications or standards
where it is found that they are not required in the interests of the residents of the P.A.D.
or the city. The plans and profiles of all streets, utilities, and services shall be reviewed,
modified if necessary, and approved by the city prior to the final approval of the P.A.D. All
P.A.D.s shall be served by public or community water and sewer systems.
(12) Open space provision. At least 7% of the total P.A.D. area shall be set aside for
public and/or private open space and recreational use. The city shall determine what
portion of the 7% shall be private and what shall be public.
(13) Operating and maintenance requirements for planned area development
common facilities. In the event that certain land areas or structures are provided within
the P.A.D. for private recreational use or as service facilities, the owner of the land and
buildings shall establish an arrangement to assure the city of a continued standard of
maintenance. These common areas may be placed under the ownership of one of the
following, depending upon which is more appropriate:
(a) Dedicated to public where a community-wide use would be anticipated;
(b) Landlord control; and/or
(c) Landowners association, provided all of the following conditions are met:
1. The landowners association must be established prior to any sale;
2. Membership may be mandatory for each owner and any successive buyer;
3. The open space restrictions must be permanent or tied to a long-term
agreement (e.g., 99 years);
4. The association must be responsible for liability insurance and the
maintenance of recreational, service, and other facilities as deemed necessary by the
city;
5. Landowners must pay their pro rata share of the cost and the assessment
levied by the association that can become a lien on the property in accordance with
Arizona Statutes;
6. The association must be required to adjust its assessment to meet changing
needs; and
7. The association must be required to, at minimum, adjust its assessment on
an annual basis by a percentage not less than the previous year’s increase in the
Consumer Price Index.
(14) Building height and setbacks. In general, a building’s setback from property
adjacent to the P.A.D. site shall approximate its height.
(15) Landscaping. Landscaping and/or fencing shall be provided according to a plan
approved by the city and shall include a detailed planting list with sizes indicated.
(16) Utilities. All utilities, including electricity and telephone, shall be installed
underground.
(17) Additional standards. Development within a P.A.D. shall conform to all
conditions and standards agreed upon by the applicant and the city at time of P.A.D.
approval.
(C) Property in floodplains or airfield impact areas. Any property located in a P.A.D.
zone and any F-1, F-2, or A-1 Overlay Zone must comply with the regulations of the
applicable overlay zone.
(Prior Code, § 21-5-12) (Ord. O11-09-17, passed 9-22-2011; Ord. O14-05-02, passed
5-6-2014)
§ 154.066 FLOODWAY OVERLAY ZONE (F-1).
(A) Purpose. The F-1 Floodway Zone is intended to allow unimpeded passage of water
during a flood through those areas of the city identified as the floodway by the Federal
Insurance Administration of the National Flood Insurance Program of the U.S.
Department of Housing and Urban Development and shown as such on the Federal
Emergency Management Agency (FEMA) Flood Insurance Rate Map for the city. The
purpose of these regulations is to promote the public health, safety, and general welfare,
and to minimize public and private losses because of flood conditions. Since the floodway
is an extremely hazardous area because of the velocity of flood waters, which carry debris
and erosion potential, development is closely regulated.
(B) Principally permitted uses. Those principally permitted uses which are allowed in
the underlying zoning district only if a technical evaluation demonstrates that
encroachments, fill, new construction, substantial improvements, or other development
shall not result in any increase in flood levels during the occurrence of the base flood
discharge.
(C) Conditionally permitted uses. Those conditionally permitted uses which are
allowed in the underlying zoning district only if a technical evaluation demonstrates that
encroachments, fill, new construction, substantial improvements, or other development
shall not result in any increase in flood levels during the occurrence of the base flood
discharge.
(D) Non-conforming uses. Non-conforming uses in the floodway overlay zone shall not
be expanded but may be modified, altered, or repaired to incorporate flood-proofing
measures providing the measures do not raise the level of a 100-year flood.
(Prior Code, § 21-5-13) (Ord. O11-09-17, passed 9-22-2011)
§ 154.067 FLOODPLAIN OVERLAY ZONE (F-2).
(A) Purpose. The F-2 Floodplain Overlay Zone is intended to regulate the nature of
permitted development in the 100-year floodplain as identified by the Federal Insurance
Administration of the National Flood Insurance Program of the U.S. Department of
Housing and Urban Development and shown as “A” Zones on the city’s Flood Insurance
Rate Maps, so as to lessen property damage and hazards resulting from such events.
(B) Principally permitted uses. Those principally permitted uses of the underlying
zoning district, which may be any of the residential, commercial, or industrial zones
defined in this chapter, provided, however, that the uses comply with the restrictions of
divisions (E) and (F) of this section, below.
(C) Conditionally permitted uses. Those conditionally permitted uses of the underlying
zoning district, which may be any of the residential, commercial, or industrial zones
defined in this chapter, provided, however, that such uses comply with the restrictions of
divisions (E) and (F) of this section, below.
(D) Permitted accessory uses. Those permitted accessory uses of the underlying
zoning district, which may be any of the residential, commercial, or industrial zones
defined in this chapter, provided, however, that such uses comply with the restrictions of
divisions (E) and (F) of this section, below.
(E) General standards for flood hazard reduction. In all floodway and floodplain areas,
the following standards are required.
(1) Anchoring.
(a) All new construction and substantial improvements shall be anchored to
prevent floatation, collapse, or lateral movement of the structure.
(b) All existing mobile homes shall be anchored to resist floatation, collapse, or
lateral movement by providing over-the-top and frame ties to ground anchors. Special
requirements shall be that:
1. Over-the-top ties be provided at each of the four corners of the mobile home,
with two additional ties per side at intermediate locations; mobile homes less than 50 feet
long require only one additional tie per side;
2. Frame ties be provided at each corner of the mobile home with five additional
ties per side at intermediate points with mobile homes less than 50 feet requiring only four
additional ties per side;
3. All components of the anchoring system are capable of carrying a force of
4,800 pounds; and
4. Any additions to the mobile home be similarly anchored.
(2) Utilities.
(a) All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
(b) New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharge from the systems
into flood waters; and
(c) On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
(F) Specific standards for flood hazard reduction. The following standards shall apply
in all areas where base flood elevation data has been established by the Federal
Insurance Administrator of the National Flood insurance Program of the U.S. Department
of Housing and Urban Development.
(1) Residential construction.
(a) New construction and substantial improvement of any residential structure shall
have the lowest finished flood elevation, including basement, at least one foot above the
base flood elevation.
(b) New construction and substantial improvement of any residential structure
located in an AO zone as specified on the community’s Flood Insurance Rate Map (FIRM)
shall have the lowest floor, including basement, elevated above the crown of the nearest
street or to the depth number specified in the community’s FIRM.
(2) Non-residential construction.
(a) New construction and substantial improvement of any commercial, industrial,
or other non-residential structure shall either have the lowest floor, including basement,
elevated to one foot above the base flood elevation; or, together with attendant utility and
sanitary facilities, shall:
1. Be flood proofed so that below one foot above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water;
2. Have
structural
components capable
of
resisting
hydrostatic
and
hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that the
standards of this subsection are satisfied. The certifications shall be provided to the
Building Department and the Maricopa County Flood Control District.
(b) New construction and substantial improvement of any non-residential structure
located in an AO zone as specified on the community’s FIRM shall have the lowest floor,
including basement, elevated above the crown of the nearest street or to the depth
number specified on the community’s FIRM or together with attendant utility and sanitary
facilities shall:
1. Be flood proofed so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water;
2. Have
structural
components capable
of
resisting
hydrostatic
and
hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer that the standards of this
division are satisfied. The certifications shall be provided to the Building Department and
the Maricopa County Flood Control District.
(3) Mobile homes.
(a) Existing mobile homes shall be anchored in accordance with division (E)(1) of
this section, above.
(b) No mobile homes shall be placed in any floodway or floodplain after the
effective date of this chapter.
(Prior Code, § 21-5-14) (Ord. O11-09-17, passed 9-22-2011)
§ 154.068 AIRFIELD IMPACT OVERLAY ZONE (A-1).
(A) Purpose.
(1) The principal purpose of the Airfield Impact Overlay zone is to promote and
protect the public health, safety, and general welfare in the vicinity of Luke Air Force Base
by minimizing exposure to high noise levels and accident hazards generated by airport
operations and to encourage future development which is compatible with the continued
operation of the airports.
(2) In addition, it is the purpose of the Airfield Impact Overlay Zone to minimize future
conflicts between land uses and excessive noise generated by aircraft.
(3) It is the intent of this overlay zone to regulate land uses within designed existing
or projected airfield noise impact areas by requiring acoustical performance standards.
Nothing herein shall be construed as altering building materials or construction methods
from those which are specified in the Uniform Building Code.
(4) It is also the intent of this overlay zone to prohibit uses in the accident potential
zone that, if otherwise permitted, would endanger lives or invite destruction of property.
(B) Zone and area boundaries. All zoning and rezoning ordinances or regulations shall
be subject to provisions of A.R.S. § 28-8481 et seq.
(C) Establishment of zones and areas.
(1) Airfield Impact Overlay Zone. The Airfield Impact Overlay Zone shall be
established in like manner as any other zone permitted by this chapter. The boundaries
of this zone and its areas may be subject to periodic updating and may be amended in
accordance with the provision of § 154.150 and § 154.151 of this chapter.
(2) Airfield overlay areas. For purposes of administering these regulations there shall
be three airfield noise overlay areas.
(a) Airfield noise overlay area one (AI-I). The area between the 60 Ldn and 70 Ldn
noise contour lines developed by the application of day-night average sound level
methodology of sound measurement (Ldn).
(b) Airfield noise overlay area two (AI-II). The area between the 70 Ldn and the 75
Ldn noise contour lines developed by the application of day-night average sound level
methodology of sound measurement (Ldn).
(c) Airfield noise overlay area three (AI-III). The Area within the 75Ldn noise
contour lines developed by the application of day-night average sound level methodology
of sound measurement (Ldn).
(3) Purpose of airfield overlay areas. The boundaries of the areas shall be
established in accordance with the provision of division (C)(1) above. The purpose of the
establishment of three airfield overlay areas is to distinguish between the severity of the
levels of noise impact so that appropriate uses and acoustical performance standards
can be established to mitigate the adverse impacts of aircraft noise and hazards to protect
the public health, safety, and welfare.
(4) Lots divided by airfield zone boundaries. Whenever a lot of record is divided by
an airfield zone boundary, the development shall conform to the land use and design
criteria of the more restrictive district in accordance with all city codes and regulations.
(D) Permitted uses.
(1) Noise attenuation matrix. Within the Airfield Impact Overlay Zone, there shall be
three overlay areas (AI-I, AI-II, and AI-III). The uses permitted in the overlay areas shall
be those uses permitted in the underlying zoning district, and shall be subject to all
conditions and procedures of the underlying district. The uses shall also comply with the
restrictions of the following noise attenuation matrix, unless a land use category is
specifically not permitted in the matrix, in which case such uses classified in the
designated land use category shall not be permitted.
ATTENUATION MATRIX
Code
Restrictions
NR
No restrictions as a result of noise
1
The land use or activity is permitted; however, the level of noise within the
principally permitted structures must be reduced by the developer of this land use
activity, in accordance with Chapter 35 Sound Transmission Control of the most
recent edition of the UBC.
2
The land use or activity is permitted; however, the level of noise within principally
permitted structures shall not exceed 55 Ldn.
3
The land use or activity is permitted; however, the level of noise within principally
permitted structures shall not exceed 60 Ldn.
4
The land use or activity is permitted when the level of noise does not exceed 70
Ldn within the principally permitted structure, unless 70 Ldn is exceeded by self
generated noise.
5
Uses which produce air pollutants that may obscure vision in any way, or which
pose a potential explosive hazard are not permitted.
6
Above ground transmission lines are not permitted.
-
Uses within this category are not permitted.
AI-I
AI-II
AI-III
Single-family, duplex, multi-family
1,2
1,2
-
Mobile homes, parks, or courts
1,2
1,2
-
Other residential uses
1,2
1,2
-
Educational facilities
2
-
-
Religious facilities, libraries, museums, galleries, clubs,
and lodges
2
2
-
Outdoor sport events, entertainment, and public
assembly, except amphitheaters
2
2
-
Indoor recreation, amusements, athletic clubs, gyms,
and spectator events
3
3
-
Neighborhood parks
NR
NR
-
Community and regional parks
NR
NR
-
Outdoor recreation: tennis, golf courses, riding trails,
and the like
NR
NR
-
Cemeteries
NR
NR
-
Hotels/Motels
2
2
-
Hospitals and other health care services
2
2
-
Services: finance, real estate, insurance, professional,
and government offices
2
2
-
Retail sales: building materials, farm equipment,
automotive, marine, mobile homes, recreational
vehicles, and accessories
NR
4
4
Restaurants, eating and drinking establishments
3
3
3
Retail sales: general merchandise, food, drugs,
apparel, and the like
3
3
3
Personal services: barber and beauty shops, laundry
and dry cleaning, and the like
3
3
3
Automobile service stations
NR
4
4
Repair services
NR
4
4
Processing of food, wood and paper products; printing
and publishing, warehouses, wholesale and storage
activities
NR
4
4
Refining, manufacturing, and storage of chemicals,
petroleum and related products, manufacturing and
assembly of electronic components, and the like
NR
4
4
Manufacturing of stone, clay, glass, leather, gravel, and
metal products; construction and salvage yards; natural
resource extraction and processing, agricultural, mills
and gins
NR
5
5
AI-I
AI-II
AI-III
Animal husbandry: livestock, farming, breeding, and
feeding
NR
NR
-
Plant nurseries (excluding retail sales)
NR
NR
NR
Farming (except livestock)
NR
NR
NR
Transportation terminals, utility and communication
facilities
NR
NR
NR
Vehicle parking
NR
NR
NR
Signs
NR
NR
NR
(2) Non-conforming uses. Nothing herein shall require any change or alteration in a
lawfully constructed or established building, structure, or use in existence at the time of
the adoption of any airfield overlay areas, as established in § 154.109 of this chapter.
(E) Certification of noise attenuation.
(1) Certification. Prior to issuance of a building permit in any AI-I, AI-II, or AI-III area,
a certification by a registered acoustical engineer or registered architect that the
construction practices and/or materials of the structure will achieve the interior noise level
required in the noise attenuation matrix shall be submitted. The engineer or architect shall
submit relevant information to permit the Zoning Administrator to verify that the proposed
measures will achieve the interior noise level standard.
(2) Inaccurate data. False or inaccurate data shall be cause for rendering null and
void any building permit and may result in non-issuance of an occupancy permit.
(3) City liability. The city, its employees, and officers shall not be held liable for any
permit issued on the basis of false information.
(F) Avigational easement and release. Prior to issuance of any building or
development permit for property within the Airfield Impact Overlay Zone, the owner of the
property shall provide the city with an avigational easement over the subject property and
release the city from all liability for any and all claims for damages originating from dust,
noise, vibration, fumes, fuel, and lubricant particles, and the like. The avigational
easement and release form shall be available from the city.
(G) Additional height and safety regulations.
(1) Hazard marking and lighting. Luke Air Force Base personnel will determine
whether the construction and/or existence of any structure, pole, tower, tank, or plant
material constitutes a hazard to an aircraft operation in the vicinity of the airfield. When
such a determination is made, the owner of the structure, pole, tower, tank, or plant
material shall, at his or her own expense, reduce in height or install, operate, and maintain
such markers and lights as may be necessary to indicate to aircraft operators the
presence of an airfield hazard.
(2) Communications facilities. Any activity within this district which may create any
electrical interference with communications between Luke Air Force Base and aircraft is
prohibited.
(Prior Code, § 21-5-15) (Ord. O11-09-17, passed 9-22-2011)
THUNDERBIRD ROAD OVERLAY DISTRICT (TROD)
§ 154.081 THUNDERBIRD ROAD OVERLAY DISTRICT (TROD).
In order to more fully implement the recently adopted General Plan and form-based
zoning and create a walkable urban environment, all properties adjacent to Thunderbird
Road from 127th Avenue to Grand Avenue as identified on the map attached to Ord. O12-
09-06, passed 9-18-2012, are subject to the following design standards:
(A) All new principal buildings shall be built along the front property line for at least
50% of the ground floor facade. All areas in front of facades shall be paved or
landscaped to form a part of the pedestrian corridor.
(B) On-site parking shall be provided in the side and/or rear of the property.
(C) Awnings may be built to front property lines or projecting over rights-of-way to
provide shade to building facades and adjacent pedestrian walkways.
(D) Ground floor facades shall be reserved for retail and/or service uses with office
and/or residential uses either above or to the rear of the property.
(E) At least 50% of the ground flood facade and at least 25% of all upper stories shall
be provided with doors and/or window openings to allow natural surveillance between the
street and businesses.
(F) Notwithstanding the requirements as set forth above, any other building
configurations may be considered and approved by conditional use permit.
(G) These provisions shall not hinder the continued use of any existing buildings but
any additions or new structures shall comply with these regulations.
(H) Any residential use within the 65+ DB LDN noise zone is subject to review by Luke
Air Force Base per A.R.S. § 28-8481(J).
(Ord. O12-09-06, passed 9-18-2012)
For a PDF file of the map below, click here.
ADULT OR SEXUALLY ORIENTED BUSINESSES
§ 154.085 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ADULT or SEXUALLY ORIENTED BUSINESS. Any adult arcade, adult bookstore or
novelty store, adult cabaret, adult theater, adult use, nude model studio, semi-nude
business, or topless bar.
ADULT ARCADE. Any place to which the public is permitted wherein money-
operated, token-operated or credit-operated, or electronically, electrically or mechanically
controlled still or motion picture machines, projectors or other image-producing devices
are maintained to show images to five or fewer persons per machine at any one time in
any viewing room of 150 square feet or less, and where the images so displayed are
distinguished or characterized by the depicting or describing of specified sexual activities
or specified anatomical areas.
ADULT BOOKSTORE or NOVELTY STORE. Any commercial establishment:
(1) Which as one of its principal business uses offers for sale or rental, for any
consideration, any of the following:
(a) Books, magazines, periodicals or other printed materials, which depict or
describe specified sexual activities or specified anatomical areas; or
(b) Films, video cassettes or other video reproductions depicting specified sexual
activities or specified anatomical areas; or
(c) Instruments, devices or paraphernalia which are designed for use in connection
with specified sexual activities, excluding condoms and other birth control and disease
prevention products; and
(2) Which regularly excludes all minors from the premises because of the sexually
explicit nature of the items sold, rented or displayed therein.
(3) For purposes of this definition, 25% or more of the establishment's merchandise
constitutes a principal business use.
ADULT CABARET. Any nightclub, bar, restaurant, or other commercial establishment
which features live performances or activities on the business premises that are
characterized by the exposure of specified anatomical areas or by specified sexual
activities; provided that a nude model studio is not an adult cabaret, the term ADULT
CABARET is intended to apply to businesses which emphasize and seek, through the
conduct of any employee or performer, to arouse or excite any patron's sexual desires.
Nothing in this definition shall be construed to apply to the presentation or performance
of any play, drama, or ballet in any theater, concert hall, fine arts academy, school,
institution of higher education or similar establishment as a form of expression of opinion
or communication of ideas or information, as differentiated from the promotion or
exploitation of nudity for the purpose of advancing the economic welfare of a commercial
or business enterprise.
ADULT THEATER. Any business establishment, other than an adult arcade or adult
motel, used regularly for the business of exhibiting films, video cassettes or other video
reproductions depicting specified sexual activities or specified anatomical areas, and from
which all minors are regularly excluded because of the sexually explicit nature of such
films, cassettes or reproductions.
NUDE, NUDITY or STATE OF NUDITY. The appearance of the cleft of the buttocks,
anus, genitals or areola of the female breast; or a state of dress which fails to opaquely
cover the cleft of the buttocks, anus, genitals or areola of the female breast.
NUDE MODEL STUDIO Any place where a person appears nude or semi-nude, and
is provided to be observed, sketched, drawn, painted, sculptured, photographed or
similarly depicted by other persons for any consideration, the term NUDE MODEL
STUDIO does not include a proprietary school that is licensed by this state; a college,
community college, or university that is supported entirely or in part by taxation; a private
college or university that maintains and operates educational programs in which credits
are transferable to a college, community college, or university that is supported entirely
or in part by taxation; or a structure to which all of the following apply:
(1) A sign is not visible from the exterior of the structure and no other advertising
appears on the premises indicating that a nude or semi-nude person is available for
viewing;
(2) The business does not otherwise advertise itself as an adult business;
(3) Where in order to participate in a class, a student must enroll at least three days
in advance of the class; and
(4) Where no more than one nude or semi-nude model is on the premises at any
one time.
SEMI-NUDE or SEMI-NUDITY. A state of dress which shows the female breast below
a horizontal line across the top of the areola at its highest point, or which shows the male
or female buttocks. This definition shall not include any portion of the cleavage of the
female breast exhibited by a dress, blouse, leotard, bathing suit, or other wearing apparel,
provided that the areola is not exposed in whole or in part.
SEMI-NUDE BUSINESS. Any commercial establishment, other than an adult cabaret,
nude model studio, or topless bar, which features employees who appear semi-nude
before customers on the business premises. The term SEMI-NUDE BUSINESS is
intended to apply to businesses which emphasize and seek, through the conduct of any
employee or performer, to arouse or excite any patron's sexual desires. Nothing in this
definition shall be construed to apply to the presentation or performance of any play,
drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher
education or similar establishment as a form of expression of opinion or communication
of ideas or information, as differentiated from the promotion of exploitation of semi-nudity
for the purpose of advancing the economic welfare of a commercial or business
enterprise.
SPECIFIED ANATOMICAL AREAS. Human genitals in a state of sexual arousal; the
appearance of the cleft of the buttocks, anus, genitals, or areola of the female breast; or
a state of dress which fails to opaquely cover the cleft of the buttocks, anus, genitals, or
areola of the female breast.
SPECIFIED SEXUAL ACTIVITIES. Activities that depict, describe, or relate to any of
the following activities:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks,
anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any activities set forth in
divisions (1) through (3) above.
TOPLESS BAR. Any establishment which is required to hold a liquor license under
Arizona law and which offers semi-nude performers as entertainment.
(Ord. O08-07-12, passed 7-10-2008)
§ 154.086 LOCATION REGULATIONS.
(A) Findings, purpose and intent.
(1) The Council makes the following findings and provides the following guidelines
for the construction, interpretation, and administration of this section:
(2) The City Council hereby finds:
(a) Adult and sexually oriented businesses cause secondary effects on the
community which are detrimental to the public health, safety and welfare, including
unlawful and unhealthy activities; unlawful sexual activities, including public sexual
indecency and prostitution; sexual encounters of a casual nature; and risk of spread of
sexually transmitted and possibly fatal diseases.
(b) Areas of the community surrounding adult businesses are beset by higher
incidences of sexually related crimes, street crime, and property crimes; greater demand
on police resources; lower property values; litter from sexual devices, materials and
packaging; and other problems.
(c) Incidents are reported of lack of strict age verification procedures and of
admission of under-aged juveniles as patrons into an adult entertainment establishment.
(d) Adult businesses require reasonable location restrictions and spacing
requirements to protect residential areas and other uses which are frequented by children
from the negative secondary effects which occur with these businesses and to protect
and preserve the public health, safety and welfare.
(e) Preventing concentration of adult businesses in proximity to each other and on
the same site or in the same building is a reasonable means to prevent intensification of
negative secondary effects from these businesses in the immediately surrounding area
and on the community generally.
(f) Establishing regulations on the location of adult businesses will disperse any
secondary effects; allow more effective utilization of police resources; allow more effective
law enforcement monitoring of the adult businesses and prevention of illegal negative
secondary effects of adult businesses; and will facilitate enforcement of the provisions of
this zoning ordinance and other state and local laws, thereby furthering the substantial
governmental interest in protecting the public health, safety and welfare.
(b) It is the intent of this section to regulate the location of adult business
establishments so as to protect and promote the health, safety, and general welfare of
the citizens of the city and its visitors, and to establish reasonable and uniform regulations
to prevent the concentration of adult businesses and their secondary effects.
(c) This section has neither the purpose, nor effect of imposing a limitation or
restriction on the content of any communications or communicative materials, including
sexually oriented business.
(d) It is not the purpose or intent of this section either to restrict or deny lawful access
by adults to adult and sexually oriented materials or to deny accesses by the distributors
of adult or sexually oriented materials to their intended market.
(e) It is not the purpose or intent of this section to impose judgment on the content
or merits of any constitutionally protected form of speech or expression.
(B) Prohibited locations of any type of adult or sexually oriented business:
(1) An operator of an adult or sexually oriented business is in violation of this
subchapter if the business is operated in a zoning district which does not expressly permit
that type of use in the district.
(2) In addition to being located in a proper zoning district, an operator commits a
violation if the adult or sexually oriented business is operated within 5,280 feet of an
existing adult or sexually oriented business or 1,320 feet of an existing:
(a) Church (including synagogue or other house of worship);
(b) School (public, private or charter);
(c) Public park;
(d) Residential use or residentially zoned property;
(e) Child care center; or
(f) Designated historic district.
(3) The measurement of the distance, for the purposes of division (B)(2) above, shall
be made in a straight line, without regard to intervening structures or objects, from the
nearest portion of the property line of an existing church, school, child care center, or
adult business, or from the boundary line of a public park, residential use or residentially
zoned property or designated historic district, to the nearest property line of the property
used or sought to be used as an adult or sexually oriented business.
(4) The measurement of the distance for the purposes of division (B)(2) above shall
also include churches, schools, child care centers, residential use or residentially zoned
properties, public parks, or other adult or sexually oriented business uses which are
located outside the city.
(5) A person commits a violation by causing or permitting the establishment or
operation of more than one adult or sexually oriented business use in the same building
or structure, or on any portion of the site on which an adult or sexually oriented business
currently operates.
(Ord. O08-07-12, passed 7-10-2008; Ord. O13-02-03, passed 2-5-2013)
§ 154.087 APPLICATION.
Submittal or application for adult or sexually oriented business use:
(A) Application for an adult or sexually oriented business use shall be submitted to the
Planning Department for review. The application shall include a narrative statement
describing the nature of the business for determination of conformity with a listed adult or
sexually oriented business use. The application shall also include a site plan and
Maricopa County assessor parcel map clearly identifying surrounding properties with
depiction of the required distances from the uses detailed in § 154.086 above. This
application shall state the distance from each of the uses identified in § 154.086 above.
(B) Review of a site application for completeness of information shall be completed
within ten business days of the submission of the application. The applicant will be notified
by first class mail if the application is complete or requires additional information.
(Ord. O08-07-12, passed 7-10-2008)
§ 154.088 EXISTING NONCONFORMING USES.
The following are provisions for existing nonconforming uses: An adult or sexually
oriented business otherwise lawfully operating prior to the adoption of this subchapter that
was lawfully established and maintained under prior zoning ordinance provisions shall be
deemed a legal nonconforming use. The 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 city.
(Ord. O08-07-12, passed 7-10-2008)
§ 154.089 RESTRICTED USE LOCATIONS.
In order to promote the health, safety, and general welfare of the city and its citizens
and prevent the concentration and proliferation of businesses that tend to lower property
values, in addition to being located in a proper zoning district and obtaining a conditional
use permit, non-chartered financial institutions, pawnshops, tattoo parlors, and/or piercing
salons shall be located no closer than 5,280 feet [property line to property line] to another
similar use and no closer than 1,320 feet [property line to property line] to any residential
use or district, school, church, or city-owned park.
(Ord. O13-02-03, passed 2-5-2013)
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)
§ 154.097 DWELLING UNIT RESTRICTIONS.
No cellar, garage, tent, basement with unfinished structure above, or accessory building
or any mobile home or recreational vehicle outside of an approved mobile home or
recreational vehicle development shall at any time be used as a dwelling unit. The
basement portion of a finished home may be used for normal living, eating, and sleeping
purposes, provided it is properly damp-proofed and has suitable fire protection and exits.
(Prior Code, § 21-6-3)
§ 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)
§ 154.099 SETBACK ENCROACHMENTS, LIMITATIONS AND EXCEPTIONS.
(A) In any yards. Posts; off-street, open-parking spaces; sills; pilasters; lintels,
cornices; eaves; gutter; awnings; open terraces; service-station pump islands; open
canopies; steps; flag poles; ornamental features; open fire escapes; sidewalks; and
fences, except as hereinafter amended. Also, terraces, steps, exposed ramps
(wheelchair), uncovered porches, stoops, or similar features provided they do not extend
above the height of the ground-floor level of the principal structure or to a distance of less
than three feet from any lot line nor less than one foot from any existing or proposed
access drive. Also, yard lights and nameplate signs in residential districts; trees; shrubs;
plants; floodlights or other sources of light-illumination, authorized lights or light standards
for illuminating parking areas, loading areas, or yards for safety and security reasons,
provided the direct source of light is not visible from the public right-of-way or adjacent,
residential property.
(B) In side and rear yards. Balconies eight feet above grade may extend into the yards
to within five feet of a lot line provided said balconies do not extend over non-residential
driveways. Recreational equipment, picnic tables, and apparatus needed for the
operation of active and passive solar-energy systems.
(C) In rear yards. Laundry, drying equipment; covered but not enclosed porches,
breezeways, and detached outdoor living rooms may extend 20 feet into the rear yard but
not closer than ten feet from the rear lot line. Apparatus needed for the operation of active
and passive solar-energy systems.
(D) Front setbacks averaging. When more than 25% of the frontage on the side of a
street between intersections is occupied by structures having setbacks from the street
rights-of-way of greater or lesser amounts than hereinafter required, the average setback
of all existing buildings between the intersections shall be maintained by all new or
relocated structures. In the event a building is to be built where there is an established
average setback different from that required hereinafter and there are existing buildings
on one side only, the front setback of the new building needs to be no greater than that
of the next adjoining existing building. In a case where a building is to be built where there
is such an established average setback and there are existing buildings on both sides of
the new building, the front setback shall not be required to be greater than that which
would be established by connecting a straight line between the furthest extension of the
first adjacent building on each side.
(E) Side and rear setbacks; zero lot line provision. Subject to regulations contained in
the Adopted Building Code and other applicable regulations, buildings may be excluded
from side and rear setback requirements provided party walls are used and if the adjacent
buildings are constructed as an integral unit. This primarily pertains to town homes and
condominium structures.
(Prior Code, § 21-6-5) (Ord. O11-09-17, passed 9-22-2011)
§ 154.100 HEIGHT ENCROACHMENTS, LIMITATIONS, AND EXCEPTIONS.
(A) Exempt appurtenances. Height limitations shall not apply to church spires, belfries,
cupolas, and domes; monuments; chimneys and smokestacks; flag poles; public and
private utility facilities; transmission towers of commercial and private radio broadcasting
stations; television antennae; parapet walls extending no more than four feet above the
limiting height of the building except as hereinafter provided; and solar-energy collectors
and equipment used for the mounting or operation of the collectors.
(B) Public building exceptions. Places of public assembly in churches, schools, and
other permitted public and semi-public buildings may exceed height limitations otherwise
established by this chapter; provided that these are located on the ground floor of the
buildings and provided that, for each one foot by which the height of the building exceeds
the maximum height otherwise permitted in the zone, its side and rear yards shall be
increased in width or depth by an additional foot over the side and rear yards required for
the highest building otherwise permitted in the zone.
(C) Towers and monument exceptions. Towers and monuments, cooling towers, gas
holders, or other structures, where the manufacturing process requires a greater height
and grain elevators and silos are exempt from this chapter; provided that any structure
above the height otherwise permitted in the zone shall occupy no more than 25% of the
area of the lot and shall be at least 25 feet from every lot line.
(Prior Code, § 21-6-6)
§ 154.101 FENCES AND WALLS.
(A) Permit required. No persons, firm, or corporation, except on a farm and related to
farming, shall hereafter construct, or cause to be constructed or erected within the city
any fence without first making an application for and securing a building permit.
(B) Locations. All fences shall be located entirely upon the private property of the
persons, firms, or corporation constructing, or causing the construction, of the fence
unless the owner of the property adjoining agrees, in writing, that the fence may be
erected on the division line of the respective properties.
(C) Construction, maintenance, and height measurement.
(1) Fences.
(a) Every fence shall be constructed in a substantial, workmanlike manner and of
substantial material reasonably suited for the purpose for which the fence is proposed to
be used. Every fence shall be maintained in a condition of reasonable repair and shall not
be allowed to become and remain in a condition of disrepair, damage, or unsightliness,
or constitute a nuisance, public or private. Any such fence which is, or has become,
dangerous to the public safety, health, or welfare, 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.
(b) Link or wire fences, wherever permitted, shall be constructed in such a manner
that no barbed ends shall be at the top, except in industrial districts and shall be
constructed of at least 11-gauge wire or its comparable.
(c) Electrical or security wire fences shall be prohibited, except for industrial yards
and shall be screened.
(2) Masonry Walls. The following shall apply regardless of zoning district.
(a) Up to three feet high: restrictions.
(b) Three feet to six feet high: 2,000 lbs. concrete footings, 18 inches below
bearing grade, six inches wider and longer than the bearing wall or column it is intended
to support. Any non-structural sections (four inches or less) eight inches under bearing
grade six inches wider than the wall it is intended to support.
(c) Six feet and higher: see Adopted Building Code.
(3) Measuring fence and wall height. The height of any fence shall be calculated to
the uppermost points as follows.
(a) In required yards abutting a street, the height of the fence shall be the total
effective height measured from the finished grade on the side nearest the street but
allowing up to two feet of additional height for retaining walls.
(b) In other required yards, the height of the fence shall be the total effective height
above the finished grade measured on the side nearest the abutting property.
(c) On property lines, the height may be measured from the finished grade of either
side when the abutting property owners are in joint agreements, with the agreement
submitted in writing.
(D) Residential fences and walls.
(1) In all parts of the city zoned residential, no fence or wall shall be erected or
maintained more than six feet in height and also:
(a) No chain link or wire fence shall be allowed within the front yard setbacks;
except in RA Rural Area Zone, properties with existing chain link fence, or properties
where chain link fence has been removed for less than six months;
(b) No fence or wall over four feet in height shall be allowed in any residential front
yard setback or in any side yard closer to the front lot line than the adjacent front line of
the principal building, except in the RA Rural Area Zone, open fences (chain link, wrought
iron, pole fences, wooden rail, and the like) may exceed four feet in front yard setbacks;
(c) On corner lots in all zoning districts, no fence or planting in excess of 30 inches
above the street center line grade shall be permitted within a triangular area defined as
follows: beginning at the intersection of the projected curbing lines of two intersecting
streets, thence 40 feet along one back of curb line, thence diagonally to a point 40 feet
from the point of beginning on the other curb lines, then to the point of beginning, and at
the intersection of each driveway or alley with a street, a clear site triangle as defined by
the City Engineer where corners are defined by two points on the right-of-way line, 15
feet on each side of the centerline of the driveway or alley and a point on the centerline
ten feet outside right-of-way;
(d) In those instances where a fence is erected as an enclosure which restricts
access from the front to the rear yard, a gate, identifiable collapsible section of fence, or
other such means of recognizable ingress shall be installed, shall remain unobstructed
and shall be a minimum of three feet in width. The location of the ingress points shall be
positioned at any point paralleling the front lot line between the side lot property line and
the principal structure;
(e) In corner lot side yards, fences up to six feet in height may be permitted
provided that no fence may be built in a corner side yard that is adjacent to a neighboring
front yard; and
(f) Notwithstanding the provisions set forth above, architectural embellishments
such as figurines, capstones, or light fixtures may project up to two feet above the
maximum height of any residential fence.
(E) Business and industrial fences. Fences and walls on all business and industrial
properties shall not exceed ten feet in height.
(F) Special purpose fences. Fences for special purposes and fences differing in
construction, height, or length may be permitted in any district by issuance of conditional
use permit approved by the Planning and Zoning Commission. Findings shall be made
that the fence is necessary to protect, buffer, or improve the premises for which the fence
is intended and will not detrimentally effect adjacent property.
(G) Finished side toward adjacent property. Any fence constructed so as to have only
one elevation “finished,” which shall be defined as not having its supporting members
significantly visible, shall be erected such that the finished elevation of the fence is
exposed to the adjacent property.
(H) Outdoor storage area.
(1) All utility substations, wells, storage facilities, or other utilities shall be screened
from view by a wall or landscape screen.
(2) All outdoor storage for commercial operations shall be conducted within a
completely enclosed building or within an area completely enclosed, except for access
points, by a wall at least six feet in height.
(Prior Code, § 21-6-7) (Ord. O11-09-17, passed 9-22-2011; Ord. O14-06-04, passed 6-
3-2014)
§ 154.102 REQUIRED SCREENINGS.
(A) Purpose. The purpose of this section is to establish general development
standards for screening between uses of differing character, density, or intensity. The
screening standards are intended to assure compatibility of uses, minimize deterioration
of properties and property values, and to enhance to health and safety of the residents of
the city.
(B) Use of screening. Unless otherwise determined by the Planning and Zoning
Commission, a masonry screen wall of six feet in height above grade shall be constructed
and maintained between uses of differing intensity or character. This may include
between existing and/or future:
(1) Large lot and small lot single-family developments;
(2) Single-family and multi-family developments;
(3) Multi-family and multi-family developments;
(4) Residential and non-residential uses;
(5) Differing non-residential uses;
(6) Parking areas subject to general public view; and/or
(7) Rear and/or side lot areas and public rights-of-way.
(C) Responsible party. The Commission shall determine the party responsible for
construction and maintenance of screening. Generally, it will be either by the most intense
use or the initial use.
(D) Location of screen walls. Screening shall be located adjacent to perimeter property
lines, but on the constructing party’s property, unless otherwise approved by the Planning
and Zoning Commission, which may include public rights-of-way.
(E) Exceptions.
(1) In lieu of screen walls of six feet in height, the Planning and Zoning Commission
may require alternative methods for screening uses of differing character, density, or
intensity. Alternative methods may include:
(a) Open space with landscaping;
(b) Arterial or collector streets with landscaping;
(c) Landscaped earth berms (particularly with parking lots);
(d) Lower screen walls with landscaping (particularly with parking lots); and/or
(e) Other screening approved by the Commission.
(2) Alternative methods of screening shall be implemented when it is in the best
interest of the affected properties and deemed by the Commission to provide more
acceptable screening than provided by a screen wall.
(Prior Code, § 21-6-8)
§ 154.103 LANDSCAPING REQUIREMENTS.
(A) Definitions. For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
DETENTION BASIN. An area requiring landscaping to maintain the purpose and
requirements of controlling the flow of water.
LANDSCAPE MATERIALS. Any materials used for the purpose of landscape
improvement which may include, but shall not be limited to, the following: trees, shrubs,
groundcover materials, boulders, sculptures, foundations, irrigation equipment, street
furniture, outdoor lighting, fences, and walls.
LANDSCAPING. An exterior improvement of property in accordance with an
approved landscape plan and utilizing approved landscape materials.
LANDSCAPING PLAN. A graphic representation of the development site indicating
the location of all existing and proposed landscape improvements to be present on the
site at the completion of the construction of the project. The LANDSCAPING PLAN shall
consist of preliminary and final plans as set forth herein.
SCREENING WALL. A solid wall designed and constructed so as to conceal areas
used for refuse, mechanical equipment, parking, and service and loading bays from street
and public view, and to separate potential incompatible land uses.
TURF FACILITY. A land area of five acres or more of continuous turf or grass that is
not agricultural use.
(B) Purpose and intent. Landscape requirements as set forth in this chapter have been
established to:
(1) Encourage quality development within the city;
(2) Provide compatibility and harmony between adjoining properties and land use;
(3) Screen service yards, parking lots, equipment, and limited access areas;
(4) Reduce heat transfer from pavements;
(5) Provide open space and recreational area to serve the needs of city residents;
(6) Soften development impact;
(7) Reduce erosion and storm-water runoff control;
(8) Reduce the particulate matter in the air;
(9) Aid in the enhancement of property values;
(10) Create an attractive appearance along city streets and assist as traffic calming
device;
(11) Aid in the conservation of water by encouraging the use of varieties of plans,
trees, and shrubs indigenous to this arid region;
(12) Promote protection or control of intense activities; and
(13) Promote community aesthetics as well as provide for the health, safety, and
general welfare of city residents.
(C) Extended regulation authorized. The standards and regulations of this chapter
shall be held to be the minimum requirements necessary for the promotion of the
foregoing objectives of this chapter in those instances where the minimum standards and
requirements are not sufficient to achieve the purpose and objectives of this chapter, the
City Manager or his or her designee may impose such other reasonable requirements as
may be deemed appropriate. Examples might be: where, in the opinion of the City
Manager or his or her designee, there exists extraordinary conditions of topography, land
ownership, site boundaries and dimensions, adjacent development characteristics, or
other circumstances not provided for in this chapter, the City Manager or his or her
designee may modify or vary an extent as is deemed appropriate to the public interest,
provided that the purpose and intent of this chapter is maintained with the modification or
variance.
(D) Scope. The provisions of this chapter shall apply to all development or
construction, all building remodeling, alternations, additions, or expansions, and to all
changes of occupancy in the use or development of land which requires the approval of
a development site plan or subdivision plat by the city. Agricultural uses and single-family
and two-family residences and their accessories shall be exempt from the requirements
of this chapter.
(E) Enforcement and notice of violations. This chapter shall be enforced by the City
Manager or his or her designee. The City Manager or his or her designee shall have the
authority to enter upon the premises, or any part thereof, at any and all reasonable times
for the purposes of performing his or her official duties. It is unlawful to refuse the City
Manager or designee entry upon the premises. When any condition which could
constitute a violation of the provisions of this chapter comes to the attention of the City
Manager, he or she shall cause a notice thereof to be served upon the owner, lessee, or
other person in control of the premises. The notice shall specify the nature of the violation
and shall order the responsible party to correct the violation within 30 days.
(F) Landscape inspections.
(1) All projects required by this chapter to be landscaped shall pass a landscape
inspection prior to a certificate of occupancy being issued by the city.
(2) The city shall have the right to refuse to pass any project not meeting the
provisions of this chapter. The city shall also have the right to reject landscape materials
as being substandard as to size, condition, or appearance including a pre-inspection of
materials at the supplier if deemed necessary.
(G) Required landscape maintenance.
(1) With respect to every lot, parcel, or tract of land within the city containing a use
for which the provisions of this chapter apply, every owner, lessee, or any other person
having the lawful right to possession and control of this premise shall:
(a) Maintain all landscape materials and landscaped areas in accordance with the
approved landscape plan, including the frontage street right-of-way landscaping required
in this chapter. The landscaped areas shall be kept free of trash, debris, weeds, dead
plant material, and shall in all respects be maintained in a neat and clean fashion; and
(b) Replace all dead or removed plants with plants of the same variety, and in the
size and quantity as those removed.
(2) The city shall accept responsibility for the maintenance and operation of all
landscaping and appurtenances installed in accordance with the provisions of this section
for reverse street frontage landscaping or any landscaping and appurtenances installed
within other street rights-of-way. Rights-of-way is described by one of the following
categories:
(a) Arterial and/or secondary street rights-of-way adjacent to single-family
residential areas that back onto the arterial and/or secondary street and have a screening
wall constructed on the rear property line;
(b) Arterial street rights-of-way adjacent to single-family residential areas that side
onto the arterial street, and which have a screening wall constructed on the side property
line;
(c) Bridle trails, bicycle paths, and multi-use recreational facilities within city limits;
(d) Median islands on arterial and secondary public streets within the city;
(e) All alleys within city limits;
(f) Street rights-of-way abutting municipal public facilities;
(g) Street landscaping within districts specially approved or created by City
Council; and
(i) Flood control facilities which have been accepted for operation and
maintenance by the city.
(3) Prior to the city accepting for maintenance any reverse street frontage
landscaping or other street rights-of-way landscaping described in the division (G)(2)
above, the following conditions shall have to be satisfied:
(a) The landscaping shall be inspected and approved by the city for compliance
with the approved landscape plan.
(b) The subsequent completion of a 60-day maintenance period wherein the
developer shall be responsible for all watering, weeding, and replacement of all dead or
dying plant materials.
(c) A final inspection called by the developer or his or her representative at the
completion of a 120-day maintenance period resulting in final approval and acceptance
by the city, except for the subdivision which shall be determined when final plans are
approved.
(d) As-built drawings of the landscape and irrigation system are required prior to
acceptance by the city and for projects within the city right-of-way or city-owned property.
The as-built drawings shall be four mil., non-wash off photo mylar or digitized record in
accordance with city CAD guidelines showing the locations of all plantings and irrigation
equipment.
(H) Landscape plan description.
(1) A landscape plan consisting of a preliminary plan and a final plan shall be
prepared, submitted, and approved for all applicable development projects in accordance
with the procedures and requirements set forth in this subchapter.
(2) All changes in landscape plans before, during, or after preliminary or final
landscape plan approval shall be approved by the City Manager or his or her designee
prior to the installation of any such landscape change.
(3) All changes in the landscaping of a site before, during, or after final landscape
plan approval and landscape installation shall be approved by the City Manager or his or
her designee as set forth in this subchapter.
(I) Preliminary landscape plan.
(1) Two copies of a preliminary landscape plan shall be submitted along with the
required development site plan for review by the City Manager or designee. The
preliminary landscape plan may be shown on the development site plan drawings. The
preliminary landscape plan shall be a conceptual plan and shall include the following
information in generalized form:
(a) The location and identification of all proposed landscape areas (on-site, street
rights-of-way, parking area, landscape buffers, and others);
(b) Preliminary data pertaining to the amount of net site area, the ground floor
areas of all proposed commercial and industrial buildings, the number of required and
proposed parking spaces, and the amount of all landscaped areas required and provided;
(c) The approximate location of all proposed trees, and generally other landscape
materials and improvements;
(d) The location of all sight visibility triangles;
(e) Notes or graphical representations adequately showing intent of the proposed
plans and materials and indicating how those plans will comply with this chapter;
(f) The location, height, type, and general design and finish of all proposed
screening walls;
(g) The location of all proposed stormwater retention areas; and
(h) A plant list indicating the botanical name, common name, and size of plant
materials proposed.
(2) The preliminary landscape plan shall be reviewed and approved by the City
Manager or designee as part of the development site plan review and may be approved
with stipulated changes or additions.
(J) Final landscape plan.
(1) Two copies of a final landscape plan shall be submitted along with all other
required site improvement and building plans prior to or concurrent with the application
for a building permit. The final landscape plan shall contain the final calculations, data,
and specific details and information all proposed landscape areas, landscape materials,
screening walls, irrigation system, and other items that were required and identified in
conceptual form on the preliminary landscape plan. The final landscape plan shall contain
a specific schedule of all trees and shrubs identified by common and botanical name and
shall clearly indicate quantity and size of each tree, shrub, and ground cover to be
installed.
(2) The final landscape plan shall be in conformance with the approved preliminary
plan and any stipulated changes or additions and shall be approved by the City Manager
or designee prior to the issuance of a building permit.
(3) All changes in landscape plans before, during, or after preliminary or final
landscape plan approval and/or landscape installation shall be approved by the City
Manager or his or her designee.
(K) Installation of landscape improvements prerequisite to certificate of occupancy;
bond to secure installation.
(1) All landscape improvements (landscape materials, irrigation system, screening
walls, and the like) shall be installed by the developer on the site in accordance with the
approved final landscape plan prior to the issuance of a certificate of occupancy for the
building or use. When considered advisable, upon presentation of a cash bond, cash
deposit, or assured letter of credit in the amount sufficient to guarantee installation of the
landscaping and irrigation system, the City Manager or his or her designee may approve
a delay in the immediate installation of the required landscape improvements for a period
of time not to exceed 12 months. In those instances where the City Manager or his or her
designee approves a delay in the installation of the required landscape improvements, a
temporary certificate of occupancy shall be issued for the building or use conditioned
upon the satisfactory installation of the required landscape improvements within the time
period approved by the City Manager or his or her designee. All plant material shall be
selected from the Arizona Department of Water Resources current plant list for low water
use plants in the Phoenix Active Management Area (AMA). Plant materials that are not
acceptable: Cercidium aculeate, Cercidium x ‘Desert Museum,' Dalbergia sissoo, Acacia
salicina, Acacia saligna.
(2) All plant material and specifications shall conform to the Arizona Nursery
Association (ANA) standards.
(L) Minimum size of trees, shrubs and the like, and substitution of ground cover for
shrubs.
(1) Unless otherwise specified herein, all required trees shall be a minimum of 15
gallons in size and at least 50% of those trees must be 24-inch box or larger size. All
shrubs shall be a minimum of five gallons in size. All 15 gallon trees must be a minimum
of eight feet in height, four feet in spread, and one and one-quarter inches trunk caliper
at the ground level. All 24-inch box and larger trees shall be a minimum of ten feet in
height, four feet in spread and two and a half inches trunk caliper at the ground level. For
individual specifications see AMA standards upon approval of the City Manager or his or
her designee, the installation of 20 square feet of vegetative ground cover in any
landscaped area shall substitute for one required shrub up to a maximum of 20% of the
required shrubs in any particular landscaped area.
(2) All Mexican Fan Palms (Washington Robusta), California Fan Palms
(Washingtonia Filifera), and Queen Palms (Syagrus remonzoffianum) shall have a
minimum five foot trunk height measured from the base of the trunk to the base of the
fronds when located within the public right-of-way or within 20 feet of the street property
line.
(M) Natural topping of landscaped areas. All landscaped areas shall be finished with
natural topping material which may include, but not limited to the following: turf,
groundcover, planting, decomposed granite (two inches minimum depth), river run rock,
expanded shale, or bark. A pre-emergent herbicide shall be applied to the ground prior to
the placement of natural surface materials (decomposed granite, river run rock, and the
like) in any landscaped area to prevent weed growth and again after the rock has been
installed. Turf shall not be planted in a dedicated right-of-way. All turf is to be limited to
50% of the landscape areas unless defined as a turf facility.
(N) Landscaped areas along street/frontage.
(1) Landscaped areas along street frontages shall be contoured or bermed to
provide variations in grade, visual relief, parking lot screening, and a more pleasing
aesthetic value. All on-site parking areas shall be screened from street view by a
landscaped berm or decorative wall not less than three feet in height. The required height
of berm or wall shall be measured from the highest finished grade of the adjacent on-site
parking area or adjacent finished grade of the street, whichever is greater.
(2) Trees along R.O.W. shall maintain seven foot canopy height.
(3) The installation of street trees, shrubs, and vegetative groundcover shall be
required for all applicable projects in an amount equal to our greater than one tree and
six shrubs for each 30 feet of street frontage, and vegetative groundcover occupying a
minimum of 60% of the total street frontage landscaped areas. This minimum quantity of
trees, shrubs, and vegetative groundcover shall be located in the street right-of-way
landscaped area required hereof, or within the front 25 feet more or less of the on-site
landscaped areas required hereof, and shall be designed and located to enhance the
proposed development project and the streetscape.
(O) Sight visibility triangle. All landscaping and landscaped materials established in
close proximity to a driveway or street intersection shall be installed and maintained in
strict compliance with the sight visibility triangle requirements set forth as follows:
(1) Maximum plant material height of 24 inches; ten feet by 20 feet at drives onto
streets, 15 feet by 33 feet at minor and major streets, and 33 feet by 33 feet at major
intersections. Measurement is from behind the property line.
(2) Berming or boulders are not to be located in the sight visibility triangle.
(P) Power lines. All overhead power lines are to be shown if they exist or note that
there are none. All trees under power lines or within 15 feet of power lines shall have a
maximum height of 20 feet at maturity.
(Q) Retention basins. Slopes are to be no steeper than a four to one ratio and minimum
of 50% live plant material and groundcover shall be planted within the retention area.
(R) Irrigation standards. All landscaped areas shall be supported by an automatic
irrigation system. A pressure type vacuum breaker shall be required for any new,
improved, or renovated irrigation system and enclosed with a two-inch steel pipe and
screen and lock enclosure screened with a three foot wall or plant material four foot on
center. All irrigation systems and landscaped areas shall be designed, constructed, and
maintained so as to promote water conservation and prevent water overflow or seepage
into the street, sidewalk, or parking areas.
(S) Screening walls.
(1) A screening wall constructed to a minimum height of six feet from the finished
grade of the site and designated and constructed in accordance with the provisions of this
section shall be required along all property lines of a site developed for multiple-family
residential, commercial, or industrial uses when the property lines are contiguous with or
separated only by an alley from a residential development or a residential zoning district;
except that no such screening wall shall be required for multiple-family residential
contiguous with other multiple-family development or a multiple-family residential zoning
district.
(2) All outdoor storage areas for materials, refuse containers, mechanical
equipment, or vehicles, and all loading/unloading areas or service bays shall be screened
from street view by a screening wall constructed to a minimum height of six feet and
designed in accordance with the provisions of this section.
(3) All screening walls located along streets in accordance with this chapter shall be
designed and constructed in accordance with the provisions of this section.
(4) All screening walls required by the provisions of this subchapter shall be
designed and constructed using the following information:
(a) Use brick, slump block, or masonry with a stucco finish of a suitable color and
design as approved by the City Manager or his or her designee;
(b) Break up the lineal expanse of the walls with a centerline, pilasters, three-wall
enclosures, varying heights, the installation of extra plant materials, or varying the
landscaped area contours to improve the visual impact of the wall; and
(c) Adhere to the height, location, and sight visibility triangle at street intersection
requirements set forth in this chapter.
(T) Use of landscape areas for other purposes. No part of any landscape area shall
be used for any other use such as parking, signs, or display; except for required on-site
retention areas or when the use is shown on the approved final landscape plan.
(U) Single-family residential subdivisions. Landscaping shall be required along the
rear of reverse-frontage, single-family lots along collector or arterial streets in accordance
with the standards specified below.
(1) Trees with a minimum size of 15 gallons shall be planted at the rate of one tree
per 30 feet of linear street frontage. At least 50% of the trees shall be 24-inch box size.
(2) Shrubs with a minimum size of five gallons shall be planted at the rate of five
shrubs per tree and in no case shall be less than three shrubs per 20 feet of linear street
frontage.
(3) Clustering of trees and shrubs shall be encouraged to accent focal points or
landmarks and to provide variety to the streetscape. Contouring of the ground and
placement of mounds and earth berms along streets shall be required.
(4) A minimum of 35% of all frontage landscaped areas shall be covered with
vegetative or organic groundcover consisting of grass (except in right-of-way) or other
living plant materials characterized by horizontal growth which generally does not exceed
two feet in height.
(5) Inorganic groundcover consisting of decomposed granite (minimum one-half
minus) crushed rock, gravel, river run rock, and/or boulders, shall be sufficiently variety
in terms of color, texture, and materials to provide a pleasant and diverse appearance of
streetscape. Mounding and contouring of landscaped areas is required.
(6) Vegetative groundcover shall be located to accentuate landmarks or focal points
on a site and to create a “lush” appearance to the landscaped area from public streets
and areas.
(7) A landscaped area not less than an average width of 20 feet throughout a
particular street frontage shall be established.
(V) Multi-family residential developments. The following landscape standards shall
apply to multi-family development.
(1) A minimum 20-foot wide landscaped area shall be required along all interior
property lines separating individual development sites. Trees with a minimum size of 15
gallons shall be planted every 20 feet on center with the area.
(2) Along public street frontages, minimum 15-gallon sized trees shall be planted at
a ratio of one tree per 30 feet of frontage. A minimum of 50% of the required trees shall
be 24-inch box size.
(3) Within common open space areas, minimum 15-gallon sized trees and five-
gallon shrubs shall be planted at a ratio of four trees and 20 shrubs per dwelling unit.
(4) Open space areas along public street frontages shall receive special landscaping
treatment to provide a lush setting for both the residents of the project and the general
public. The following standards shall apply to landscaping of public street frontages.
(a) Special entry features shall be provided at major entrances into a project to
provide a sense of identification and uniqueness.
(b) Walls, planters, and earth berms shall be provided in the front yard to add
variety to the landscape and to increase privacy for residents.
(c) No more than 50% of the required front yard landscaped area may be used for
stormwater retention purposes.
(d) Foundation plantings should be utilized to complement building elevations,
provide shade, and increase privacy. A minimum of 50% of the building frontage facing
public streets shall have foundation plantings.
(e) Landscaped islands within parking areas shall be installed at least every
ten consecutive parking spaces. The islands shall be a minimum of ten feet wide and
contain at least one fifteen-gallon sized tree and five shrubs or comparable groundcover.
(W) Commercial and industrial development. General requirements:
(1) A minimum of 10% of new land area of any site used for commercial or industrial
development shall be landscaped.
(2) Landscaping shall be provided along the street frontage between the street or
sidewalk and any building, parking, areas, loading, or storage areas in accordance with
the following standards.
(a) The intersection of arterial streets are a dominant feature of the urban
landscape, serving as major focal points of activity in the community. Because of the
importance of these intersections, additional landscaped setbacks and design features
beyond the required minimum standards may be imposed on property at these
intersections by the city at the time of rezoning and/or site plan approval. The additional
features may include wider setbacks, unique building orientation and design, and special
landscaped features such as wall and screening devices.
(b) Required yards fronting on a public street in the commercial districts shall be
entirely landscaped excluding driveways and walkways in industrial districts the following
landscape setbacks shall apply to any building site.
1. Along arterial streets required yards shall be entirely landscaped.
2. Along all other streets a ten-foot minimum landscape frontage shall be
required (parking and maneuvering areas shall not be permitted in the landscaped areas
cited above except driveways and walkways).
3. Where existing buildings or nearby parcels are built to the street property line,
landscaping may be modified or located elsewhere on approval of the City Manager or
his or her designee.
4. Any part of a site not used for buildings, parking, driveways, sidewalks and
the like, shall be landscaped.
5. All landscaped areas adjacent to vehicular parking and access areas shall be
protected by a six-inch vertical concrete curbing in order to control stormwater flows and
minimum damage by vehicular traffic.
6. All portions of the development site not occupied by buildings, structures,
vehicle access and parking areas, loading/unloading areas, and approved storage areas
shall be landscaped in accordance with the provisions hereof. Future building pads within
a phased development shall be improved with temporary landscaping, or otherwise
maintained weed-free in such a manner as may be approved by the city.
(X) Streetscape standards. The following landscaping shall be required along all
streets.
(1) Trees with a minimum size as specified herein shall be planted at the rate of one
tree per 30 feet of linear street frontage. A minimum of 50% of the required trees shall be
24-inch box trees.
(2) Shrubs with a minimum size of five gallons shall be planted in appropriate
numbers to complement the placement of trees, but in no case shall be less than three
shrubs per 20 feet of linear street frontage.
(3) Clustering of trees and shrubs shall be encouraged to accent focal points or
landmarks and to provide variety to the streetscape. Contouring of the ground and
placement of mounds and earth berms along the street shall be required.
(Y) Parking lot landscaping.
(1) A minimum of 10% of the parking lot area shall be landscaped, exclusive of front
yard or perimeter landscaping and street trees. The landscaping shall consist of parking
islands located within the perimeter of the parking lot.
(2) A minimum of one tree shall be provided for every five parking spaces, exclusive
of perimeter landscaping and street trees. Trees must be planted within the parking lot.
(3) Parking islands or landscaped areas shall be installed at least every ten
consecutive parking spaces. The islands shall be a minimum of ten feet wide and contain
a minimum of 180 square feet in area.
(4) All parking lots shall be separated from adjacent residential uses or districts by a
ten-foot landscaped strip planted with a minimum of one tree every 25 linear feet and a
minimum six-foot high masonry wall.
(5) Pedestrian walking lanes and related landscaping may be required at the
discretion of the City Manager or his or her designee to control traffic and provide safety
of pedestrians.
(6) All parking lots shall be screened from public streets by walls or earth berms or
combination thereof constructed at least three feet above the grade of the parking lot or
adjacent street, whichever is higher in elevation. Variety to the alignment and style of the
walls is required. The walls shall be decoratively designed to match the facade of any
buildings and shall be constructed of slump block, brick, or masonry with a mortar wash
or stucco finish.
(7) Any landscaped area used for vehicular overhang shall not be counted towards
the required landscaping.
(Prior Code, § 21-6-9) (Ord. O11-09-17, passed 9-22-2011; Ord. O18-10-12, passed 10-
16-2018)
§ 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)
§ 154.106 OFF-STREET LOADING BERTH REQUIREMENTS.
(A) Affected uses.
(1) Every hotel, restaurant, department store, freight terminal or railroad yard,
hospital or sanitarium, industrial plant, manufacturing establishment, retail establishment,
storage warehouse or wholesale establishment, and all other structures devoted to similar
mercantile or industrial pursuits, which has an aggregate gross floor area of 15,000
square feet or more shall provide off-street truck loading or unloading berths in
accordance with the following table.
SQUARE FEET OF AGGREGATE GROSS FLOOR AREA DEVOTED
TO SUCH USE
REQUIRED
NO.
OF
BERTHS
15,000 sq. ft. up to and including 40,000 sq. ft.
1
40,001 sq. ft. up to and including 100,000 sq. ft.
2
100,001 sq. ft. up to and including 160,000 sq. ft.
3
160,001 sq. ft. up to and including 210,000 sq. ft.
4
240,001 sq. ft. up to and including 320,000 sq. ft.
5
320,001 sq. ft. up to and including 400,000 sq. ft.
6
400,001 sq. ft. up to and including 490,000 sq. ft.
7
For each additional 90,000 sq. ft.
1 additional
(2) Any office building 100,000 sq. ft. or larger shall have at lease one off-street
loading berth.
(B) Standards for off-street loading facilities. All off-street loading facilities shall
conform to the following standards.
(1) Unless otherwise specified in these zoning regulations, the first loading berth
shall be at least 70 feet in length and additional berths required shall be at least 45 feet
in length and all loading berths shall be at least 12 feet in width and 21 feet in height,
exclusive of aisle and maneuvering space.
(2) The space may occupy all or any part of any required yard space, except front
and exterior side yards, and shall not be located closer than 50 feet to any lot in any
residential zone unless separated from the zone, except at the accesses, by a masonry
wall not less than eight feet in height.
(3) Sufficient room for turning and maneuvering vehicles shall be provided on the
site so that vehicles shall cross a property line only by driving forward.
(4) Each loading berth shall be accessible from a street or alley or from an aisle or
drive connecting with a street or alley.
(5) The loading area, aisles, and access drives shall be paved so as to provide a
durable, dustless surface and shall be so graded and drained so as to dispose of surface
water without damage to private or public properties, streets, or alleys.
(6) Bumper rails shall be provided at locations where needed for safety or to protect
property.
(7) If the loading area is illuminated, lighting shall be deflected away from abutting
residential sites so as to cause no annoying glare.
(8) No regular repair work or servicing of vehicles shall be conducted in a loading
area.
(9) Off-street loading facilities shall be located on the same site with the use for which
the berths are required.
(10) If more than one use is located on a site, the number of loading berths provided
shall be equal to the sum of the requirements prescribed in this chapter for each use. If
more than one use is located on a site and the gross floor area of each use is less than
the minimum for which loading berths are required but the aggregate gross floor area is
greater than the minimum for which loading berths are required, off-street loading berths
shall be provided as if the aggregate gross floor area were used for the use requiring the
greatest number of loading berths.
(11) Off-street loading facilities for a single use shall not be considered as providing
required off-street loading facilities for any other use.
(12) At the time of initial occupancy, major alterations or enlargement of a site, or of
completion of construction of a structure or of a major alteration or enlargement of a
structure, there shall be provided off-street loading berth requirements. The number of
loading berths provided for a major alteration or enlargement of a site or structure shall
be in addition to the number existing prior to the alteration or enlargement.
(13) Space allocated to any off-street loading berth shalt not be used to satisfy the
space requirements for any off-street parking facility.
(Prior Code, § 21-6-13)
§ 154.107 MISCELLANEOUS REQUIREMENTS.
(A) Glare and lighting. Any lighting used to illuminate an off-street parking area, sign,
or other structure shall be arranged so as to deflect light away from any adjoining
residential zone or from the public streets. Direct or sky-reflected glare, whether from
floodlights or from high temperature processes such as combustion or welding, shall not
be directed into any adjoining property. The source of lights shall be hooded or controlled
in some manner so as not to light adjacent property. Base incandescent light bulbs shall
not be permitted in view of adjacent property or public right-of-way. Any light or
combination of lights which cause light on a public street, other than lights specifically
intended for that purpose, shall not exceed one foot candle (meter reading) as measure
from the center line of the street. Any light or combination of lights which cast light on
residential property shall not exceed four foot candles (meter reading) as measured from
the property.
(B) Surface-water ponding. Natural ponding areas shall be retained as much as
possible or, if necessary, enlarged or modified as directed by the City Engineer to restrict
the off-site runoff subject to city subdivision requirements for stormwater runoff control.
(C) Storage; exterior displays. All materials, supplies, merchandise, or other similar
matter not on display for direct sale, rental, or lease to the ultimate consumer or user shall
be stored within the confines of a 100% opaque wall or fence not less than six feet tall.
Merchandise which is offered for sale as described may be displayed beyond the confines
of a building in any general business zone, but the area occupied by the outdoor display
shall not constitute a greater number of square feet than 10% of the ground floor area of
the building housing the principal use, unless the merchandise is a type customarily
displayed outdoors, such as automobiles and garden supplies. No storage of any type
shall be permitted within the one-half of the required front or side street setback nearest
the street nor within any required interior side or rear setback.
(D) Trash and garbage incinerators; storage. No exterior incineration of trash or
garbage is permissible. No exterior storage of trash or garbage is permissible except in
an accessory building enclosed by walls and roof or in closed containers within a totally
screened area.
(E) Refuse containers. It shall be the duty of the owner or developer of all new single-
family residential construction and development within the city, when the development is
not subject to the provisions of the city subdivision ordinance with respect to refuse
containers, to supply at his or her expense refuse containers. The type of the containers
shall be approved by the City Engineer.
(F) Public-street frontage. Except as otherwise allowed or required by this chapter, no
lot shall contain any building unless the lot abuts for at least 50 feet on a public street or
private street approved as part of a city-approved planned development.
(G) Smoke, dust, and other particulate matter. The emission of smoke, dust, and other
particulate matter shall be in compliance with the County Bureau of Air Pollution
Standards as regulated by the Maricopa County Health Services Department.
(H) Bulk storage (liquid). All uses associated with bulk storage of all gasoline, liquid
fertilizer, chemicals, flammable, and similar liquids shall comply with Uniform Building and
Fire Code requirements and Maricopa County regulations, and shall be stored
underground, except in I-2 and I-3 districts when approved by the Fire Chief.
(I) Water quality, hazardous wastes, and wastewater. Discharge of hazardous waste,
chemicals, and wastewater will be subject to Arizona Department of Health Services,
Division of Environmental Health Standards.
(J) Odors. The emission of odors by any use shall be in compliance with city standards
and regulations.
(K) Noise. It shall be prohibited to disturb the peace or quiet of a neighborhood, family
or person by making or emitting unreasonable noise. Noise that exceeds 55 decibels,
measured at the property line of the source, between 10:00 p.m. and 6:00 a.m. is
presumed unreasonable.
(Prior Code, § 21-6-14) (Ord. O16-03-03, passed 3-1-2016)
§ 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.
§ 154.109 NON-CONFORMING USES AND STRUCTURES.
(A) Any structure or use lawfully existing upon the effective date of this chapter may
be continued at the size and in the manner of operation existing upon that date except as
hereinafter specified and except for any uses previously approved as special, conditional,
or temporary uses, which shall be lawful only so long as all terms originally approved are
met, including time limitations.
(B) The right to operate and maintain a non-conforming use shall terminate when the
structure or structures housing the use are removed, razed, or remodeled to the extent of
50% of the structure’s fair market value as determined by the last equalized assessment
role of the County of Maricopa, unless the condition was created as described in division
(F) or (H) below.
(C) When any lawful, non-conforming use of any structure or land in any district has
been changed to a conforming use, it shall not thereafter be changed to any non-
conforming use.
(D) Whenever a lawful non-conforming use of a building or structure has been
damaged by fire, flood, explosion, earthquake, war, riot, or act of God, to an extent greater
than 50% of its originally appraised value, it shall not be reconstructed, but the property
shall revert to a conforming use.
(E) Whenever a lawful non-conforming use of a building or structure or land is
discontinued for a period of 90 days, any future use of the building or structure or land
shall be in conformity with the provisions of this chapter.
(F) Normal maintenance of a building or other structure containing or related to a lawful
non-conforming use is permitted, including necessary structural repairs, provided the
structural repairs do not enlarge or intensify the non-conforming use.
(G) A lawful non-conforming use shall not be changed except in conformance with the
use requirements of the zone in which it is located.
(H) Alterations may be made to a structure or building containing lawful non-
conforming residential units when they will improve the livability thereof, providing they
will not increase the number of dwelling units.
(I) Existing lots.
(1) At the time of the enactment of this chapter, if any owner of a plot of land
consisting of one or more adjacent lots in a subdivision of record does not own sufficient
contiguous land to enable him or her to conform to the minimum lot size requirements or
does not have sufficient lot width to conform to the minimum lot width requirements, the
plot of land may nevertheless be used as a building site. The dimensional requirements
of the district in which the piece of land is located may be reduced by the smallest amount
that will permit a structure of acceptable size to be built upon the lot, the reduction to be
determined by the Board of Adjustment.
(2) No lot, even though it may consist of one or more adjacent lots in the same
ownership at the time of passage of this chapter, shall be reduced in size so that lot width
or size of yards or lot area per family or any other requirement of this chapter is not
maintained. This section shall not apply when a portion of a lot is acquired for a public
purpose.
(Prior Code, § 21-6-16) (Ord. O11-09-17, passed 9-22-2011)
§ 154.110 WIRELESS COMMUNICATION FACILITIES.
(A) Intent. It is the intent of this section to promote the use of appropriate wireless
communication facilities while encouraging co-location and design techniques that
minimize the impacts of the facilities on the community. The city encourages providers to
explore all co-location options, locations on existing municipal facilities or locations on
existing vertical structures prior to applying for a new facility. The city further encourages
applicants to explore all camouflaging and screening options available to reduce the
visual and environmental impacts of the facilities on the community.
(B) General provisions.
(1) Wireless communication facilities, as defined in this chapter, shall be a
conditionally permitted use in all zones, and; small wireless communication facilities are
classified as permitted use by right if collocated in a right-of-way in any zone.
(2) Wireless communication facilities shall be subject to the limitations contained in
this section and as otherwise set forth in city codes.
(3) Definitions of terms specific to this chapter. For the purpose of this section, the
following definitions shall apply unless the context clearly indicates or requires a different
meaning. The term “pole” shall be used interchangeably with the term “monopole.”
ALTERNATIVE DESIGN TOWER. Artificial trees, clock towers, and similar non-
traditional structures that are compatible with the existing setting or structures and
camouflage or partially conceal the presence of antennas or towers. This includes any
antenna or antenna array attached to the alternative design structure.
ALTERNATIVE TOWER STRUCTURE. Ball field light poles, street lights, electric
utility poles, water towers, and similar existing structures. This includes any antenna or
antenna array attached to the alternative tower structure.
AMATEUR RADIO TOWER. A free-standing or building-mounted structure,
including any base, tower or pole, antenna, and appurtenances intended for airway
communication purposes by a person holding a valid amateur radio (HAM) license issued
by the Federal Communications Commission.
ANTENNA. The surface from which wireless radio signals are sent from and
received by a wireless communication facility. ANTENNA includes whip antenna, panel
antenna, and dish antenna. Any ANTENNA not specifically described herein shall be
regulated in conformity with the type of antenna described herein which most closely
resembles the antenna.
1. Whip antenna is a long and thin device that transmits and/or receives radio
frequency signals in a 360-degree radial pattern. Typical size is two to six inches in
diameter and one foot to 18 feet in height.
2. Panel antenna is a relatively flat rectangle device that transmits and/or
receives radio frequency signals in a directional pattern of less than 360 degrees. Typical
size is four feet to five feet high, six inches to 12 inches wide, and six inches to eight
inches deep.
3. Dish antenna is a bowl-shaped device for the reception and/or transmission
of radio frequency communication signals in a specific directional pattern. Typical size is
four feet to six feet in diameter, and one foot to three feet deep.
ANTENNA ARRAY. One or more whip, panel, or dish antennas used for the
transmission or reception of radio frequency signals. The ANTENNA ARRAY does not
include the support structure.
BUILDING-MOUNTED ANTENNA. Any antenna that is attached to the wall of, or
integrated into, buildings, church steeples, cooling towers, elevator bulkheads, parapets,
or penthouses.
COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate or
replace wireless facilities on. within or adjacent to a wireless support structure or utility
pole.
EQUIPMENT SHELTER. A cabinet or building located at the base of or near a
wireless communication facility within which are housed, among other things, batteries
and electrical equipment. This equipment is connected to the antenna by cable.
MONOPOLE. A tower used exclusively for wireless communication that is self-
supporting with a single shaft of steel, concrete, or wood.
MOUNT. The ground, base pad, or the structure to which a wireless communication
facility is attached.
PRE-EXISTING WIRELESS COMMUNICATION FACILITY. Any tower or antenna
for which a building permit or special use permit has been properly issued prior to the
effective date of this chapter, including permitted towers or antennas that have not yet
been constructed so long as the approval is current and not expired.
RIGHT-OF-WAY. The area on. below or above a public roadway, highway, street,
sidewalk, alley or utility easement. Right-of-wav does not include a federal interstate
highway, a state highway or state route under the jurisdiction of the department of
transportation, an easement that is granted to a private property owner or a utility
easement that does not authorize the deployment sought by the wireless provider.
ROOFTOP MOUNTED ANTENNA. An antenna that is located on top of roof and is
not a wall-mount or an alternative design structure.
SATELLITE EARTH STATION. A device consisting of an antenna and reflector,
having any dimension of more than five feet, and is a solid or open mesh configured
structure used for reception or transmission of radio energy to or from an earth orbit
satellite or celestial body.
SMALL WIRELESS FACILITY. A wireless facility that meets both of the following
qualifications:
1. All antennas are located inside an enclosure of not more than six cubic feet in
volume or. in the case of an antenna that has exposed elements, the antenna and all of
the antenna's exposed elements could fit within an imaginary enclosure of not more than
six cubic feet in volume.
2. All other wireless equipment associated with the facility is cumulatively not
more than twenty-eight cubic feet in volume if the equipment is mounted on the utility pole
or wireless support structure, or fifty cubic feet in volume if the equipment is ground
mounted, the following types of associated ancillary equipment are not included in the
calculation of equipment volume pursuant to this subdivision:
A. An electric meter.
B. Concealment elements.
C. A telecommunications demarcation box.
D. Grounding equipment.
E. A power transfer switch.
F. A cut-off switch.
G. Vertical cable runs for the connection of power and other services.
STRUCTURE. Anything constructed or erected, which requires location on the
ground or attached to something having location on the ground.
TOWER. A structure consisting of more than a single shaft of steel or concrete used
to elevate an antenna for wireless communication or broadcasting.
TOWER HEIGHT. When referring to a tower or alternative structure, the distance
measured from the finished grade of the parcel to the highest point on the other structure
including the base pad.
WIRELESS COMMUNICATION FACILITY. A Facility for the provision of personal
wireless services as defined by the Telecommunications Act of 1996, and any
amendments thereto. WIRELESS COMMUNICATION FACILITIES are composed of two
or more of the following components: antenna, mount, equipment shelter, and wall or
security barrier.
(C) General requirements. All wireless communication facilities (hereinafter referred to
as facility) shall meet the following general requirements.
(1) Inventory of existing sites. Each applicant for a facility shall provide to the city
an inventory of its existing facilities or sites approved for facilities that are located either
within the city or the city municipal planning area boundary (MPA). In addition to showing
all existing and approved sites, inventories shall show all other wireless communication
sites located within one mile of the proposed site, regardless of jurisdictional location.
Each inventory shall include general information about the location, height, and design of
each tower. The city may share this information with other applicants applying for
conditional use permits under this section or other organizations seeking to locate
antennas within the city; provided however, that the city is not, by sharing the information,
in any way representing or warranting that the information is accurate, and that sites are
available or suitable.
(2) State or federal requirements. All facilities must meet or exceed current
standards and regulations of the Federal Aviation Administration (FAA), the Federal
Communications Commission (FCC), and any other agency of the state or federal
government with the authority to regulate towers and antennas. if the standards and
regulations are changed, then the owners of the towers and antennas governed by this
section shall bring the towers and antennas into compliance with the revised standards
and regulations, unless a different compliance schedule is mandated by the controlling
state or federal agency. Failure to bring facilities and antennas into compliance with the
revised standards and regulations shall constitute grounds for removal of the tower or
antenna at the owner’s expense.
(3) Building code safety standards. To ensure the structural integrity of towers, the
owner of a tower shall ensure that it is maintained in compliance with standards contained
in applicable state and local building codes and the applicable standards for towers that
are published by the Electronic Industries Association, as amended from time to time. If,
upon inspection, the city concludes that a tower fails to comply with the codes and
standards and constitutes a danger to persons or property, then upon notice being
provided to the owner of the tower, the owner shall have 30 days to bring the tower into
compliance with the standards. Failure to bring the tower into compliance within 30 days
shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
(4) Measurement. For the purpose of determining separation distances, distances
from property lines or districts, and setback distances, distance shall be measured from
the closest portion of the pole or structure to the property line, district, pole, or structure
in question. Tower setbacks and separation distances shall be calculated and applied to
facilities located in the city, irrespective of municipal and county jurisdictional boundaries.
Minimum setbacks for equipment shall conform to the International Building Code.
(5) Franchises and licenses. Owners and/or operators of wireless facilities shall
certify that all franchises or licenses required by law for the construction and/or operation
of a wireless communication system in the city have been obtained and shall file a copy
of all required franchises or licenses with the city.
(6) Pre-existing towers. Pre-existing towers shall be allowed to continue their usage
as they presently exist. Routine maintenance (routine maintenance does not include
replacement with a new tower of like construction and height) and construction related to
the use of the pole or structure for the purposes of adding additional carriers shall be
permitted on the pre-existing towers. New construction, including replacement of an
existing tower, other than routine maintenance on a preexisting tower, shall comply with
the requirements of this section.
(7) Rebuilding damaged or destroyed non-conforming towers or antennas.
Notwithstanding this chapter, bona fide non-conforming towers or antennas that are
damaged to the extent that repairs constitute 50% of the value of the undamaged tower
or antennas, or destroyed shall not be rebuilt without first obtaining a conditional use
permit and meeting separation requirements specified in this section. The type, height,
and location of the tower onsite shall be of the same type and of no greater intensity than
the original facility approval. Building permits to rebuild the facility shall comply with the
then-applicable building codes and shall be obtained within 180 days from the date the
facility is damaged or destroyed. If no permit is obtained, or if the permit expires, the tower
or antenna shall be deemed abandoned as specified in this chapter.
(8) Abandonment of towers or facilities. A facility shall be deemed abandoned when
the facility is not in use for a period of six consecutive months. The owner of the facility
shall remove the facility within 90 days of receipt of notice from the city notifying the owner
of the abandonment. Failure to remove an abandoned antenna or tower within the 90
days shall be grounds to remove the tower or antenna at the owner’s expense. If there
are two or more users of a single tower, then this provision shall not become effective
until users cease using the tower.
(9) Federal, state, and local government exemption. Wireless communication
facilities owned by the federal, state, or city government shall be exempt from the
provisions of this section.
(10) City Council approval. Any tower over 65 feet in height is required to go to City
Council for approval after being presented to the Planning and Zoning Commission.
(D) Conditionally permitted use. A wireless communication facility shall be a
conditionally permitted use and processed in accordance with § 154.155 of this chapter,
except for small wireless facilities collocated in a right-of-way in any zone. All conditionally
permitted wireless communication facility uses shall meet the following minimum
development standards.
(1) The maximum height of the facility, except for rooftop or wall mounted facilities,
facilities co-locating on an existing wireless communication facility, facilities locating on
existing utility poles, or facilities located on existing vertical structures on school or
municipal property, shall be 80 feet, provided, however, if the facility is located in any
residential district or within 75 feet of the property line of residential use or district, the
maximum height shall be 65 feet.
(2) An installation co-locating on an existing facility shall not increase the overall pole
or tower height by more than 15 feet, and the antennas shall not exceed a maximum
height of 95 feet or 65 feet in any residential district. Installations co-locating on existing
utility poles may increase the height of the pole by not more than 15 feet. Installations
locating on existing vertical structures on school or municipal property shall follow the
non-residential height requirements.
(3) The facility replacing an existing pole on school or park grounds does not
increase the original pole circumference by more than is necessary to accommodate the
additional structural requirements.
(4) The pole or tower shall be set back from all adjacent residential zoning districts
or residential land use property lines a minimum of 110% of the height of the tower or
pole. The pole shall be set back from all non-residential zoning district or non-residential
property lines a minimum of five feet and shall be set back from all street property lines
equal to or greater than the building setback for the district in which the pole or tower is
located.
(5) Facilities co-locating on utility poles, facilities within the right-of-way, or facilities
located on school or city property shall not be required to meet the setback requirements
set forth above.
(6) Tower and monopole facilities visible from off-site residential or business district
view shall be camouflaged using an alternative design tower as defined in this chapter.
(7) A rooftop or wall mounted facility shall be hidden from off-site views and shall be
camouflaged and screened to the extent possible by screen walls and/or the building
parapet.
(8) A rooftop mounted facility shall be 15 feet or less in height as measured from the
surrounding rooftop height to the top of all appurtenances.
(9) A wall-mounted facility shall be 12 feet or less in height. Wall-mounted facilities
shall be mounted so as not to extend above the roofline of the building and shall not
project more than 12 inches from the building face.
(10) The colors and texture of the facility shall be compatible with the surrounding
environment as determined by the city, except as otherwise required by the FAA.
(11) No commercial advertising or signage shall be allowed on-site; however, each
facility shall have an identification plaque no larger than 12 inches square permanently
affixed which clearly identifies the name, address, and emergency phone number of the
provider.
(12) A facility shall have at least one parking space designed to city standards. This
requirement shall also include maneuvering areas and access drives. This requirement
shall be waived when sufficient hard surface parking exists.
(13) The facility shall not be artificially lighted, unless required by the FAA or other
applicable authority.
(14) A facility may not be allowed within 1,320 feet of a city or state designated
historical site.
(15) The minimum separation between facilities, except for approved alternate tower
structures, rooftop or wall mounted facilities, facilities located within the industrial zoning
districts, and facilities located on existing vertical structures on school or municipal
property, shall be 1,000 feet, unless otherwise approved by the City Council.
(16) Security fencing is required and shall not exceed eight feet in height. Fencing
shall be effectively screened from view by the use of landscaping.
(17) Anti-climbing features shall be incorporated in the wireless communication
facility, as needed, to reduce potential for trespass and injury.
(18) Co-location of city or other public safety agency wireless communication
facilities shall be permitted at no cost to the public on private wireless communication
facilities approved in accordance with this section.
(E) Design standards. Wireless communication facilities shall be designed and
constructed in conformity with and/or architecturally integrated with surrounding building
designs or natural settings to minimize the adverse visual impact and ensure the facility
is compatible with the environment in which it is located. Methods of camouflage design
include:
(1) Canister, facilities under 45 feet in height shall conceal antennas with a canister
or approved equal.
(2) Monopine, facilities over 45 feet, less than 65 feet in height shall conceal the
antennas with a monopine pole or approved equal.
(3) Monopalm, facilities over 65 feet in height shall conceal the antennas with a
monopalm pole or approved equal.
(4) Screening, ground equipment shall be screened with landscaping plantings or a
material approved by the City Engineer or designee.
(5) Color, facilities poles and ground equipment color shall match the surrounding
existing poles or a color approved by the City Engineer or designee.
(F) Standards of service. Company shall operate the site areas in a first-class manner,
and shall keep the site areas attractively maintained, orderly, clean, neat and tidy at all
times, including immediate removal of graffiti.
(Prior Code, § 21-6-17) (Ord. O11-09-17, passed 9-22-2011; Ord. 18-01-01, passed 1-
4-2018; Ord. O18-02-02, passed 2-22-2018)
SIGN REGULATIONS
§ 154.125 PURPOSE.
The purpose of this subchapter is to establish standards for the regulation of signs within
the city in order to safeguard the public interest by:
(A) Balancing public and private objectives by allowing adequate signage for business
identification;
(B) Promoting the free flow of traffic and protect pedestrians and motorists from injury
and property damage which may be caused by cluttered, distracting, and illegible
signage;
(C) Preventing property damage and personal injury resulting from signs which are
improperly constructed or poorly maintained;
(D) Promoting the use of signs which are well designed, of appropriate scale, and
integrated with surrounding buildings and landscape in order to meet the community’s
desire for quality development; and
(E) Protecting property values, the local economy, and the quality of life by preserving
and enhancing the appearance of the streetscape which affects the image of the city.
(Prior Code, § 21-6-10.1)
§ 154.126 DEFINITIONS.
(A) For the purpose of this subchapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
(B) 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, associations, organization,
partnership, trust, corporation or company, as well as an individual; the word “lot” includes
the words “plot” or “parcel”; 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.”
ABANDONED SIGN. Any sign located on a property or premises which is vacant and
unoccupied for a period of three months, or a sign which is damaged, in disrepair, or
vandalized and not repaired within 30 days of the date of the damaging event.
ADVERTISING COPY. The words, letters, or graphics painted, carved, etched, or
mounted on the face of any sign used to advertise a business, product, service, or place.
ALTERATION. Any change in architecture, structure, or copy of an existing sign.
ANIMATED SIGN. A sign which has movement or the optical illusion of movement of
any part of the sign structure, design, or pictorial segment, including the movement of any
illumination or flashing or varying of light intensity; or the automatic changing of all or any
part of the facing of a sign; or any movement or rotation of a sign or any part of the sign
structure; or emits sounds.
APPLICANT. Any person who applies for a sign permit in accordance with the
provisions of this subchapter.
ARTERIAL STREET. Any principal, major, or minor arterial street as classified and
designated in the city General Plan.
AWNING SIGN. Any sign with information painted on or integrated into a structure
covered with fabric, metal, or other material and supported by a building at one or more
points.
BILLBOARD SIGN. Any sign which advertises a business, commodity, service,
entertainment, product, or attraction sold, offered, or existing elsewhere than on the
property where the sign is located.
BREAK AWAY DESIGN FEATURE. A structural feature built into the sign according
to the Arizona Department of Highways which allows the sign to collapse on impact.
BUILDING. Any structure having enclosed space and a roof for the housing and
enclosure of persons, animals, or goods.
BUILDING WALL. The individual sides of a building.
BUSINESS. The engaging in of the production, purchase, sale, barter, or exchange
of goods, wares, merchandise, or services, or the maintenance or operation of offices or
recreational or amusement enterprises.
BUSINESS NAME. The name by which a business is commonly recognized and
referred to by the applicant but does not include slogans or product information.
CITY. The City of El Mirage, Arizona.
CITY ATTORNEY. The City Attorney of the city.
CITY COUNCIL. The governing body of the city.
CITY ENGINEER. The City Engineer of the city.
CITY MANAGER. The City Manager of the city.
COMMERCIAL FARM or RANCH SIGN. A sign that identifies the name of any
commercial farm or ranch.
CONSTRUCTION SIGN. An on-premises, temporary sign providing information about
future development or current construction on a site and the parties involved in the project.
DEVELOPMENT. Any human-made change to improve or alter real estate, including
but not limited to buildings or structure, mining, dredging, filling, grading, paving, or
excavation drilling operations.
DEVELOPMENT SIGN. A sign that is placed at the entrance to a multi-family or
duplex development, manufacture home park, or single-family development to identify the
name of the development.
DIGITAL BILLBOARD. An off-premise advertising sign which displays electronic or
digital images that are changed via electronic means and control.
DIRECTIONAL SIGN. An on-premises sign that includes only information assisting in
the flow of pedestrian or vehicular traffic such as enter, exit, and one-way.
DIRECTORY SIGN. Any sign, other than an identification sign, which is centrally
located and lists only the names, uses or locations of the various businesses or activities
conducted within a building or group of buildings.
EMERGENCY SIGN. A sign erected by a governmental agency, a public utility
company, or a contractor performing work within any right-of-way.
FASCIA SIGN. Any sign which is mounted against the horizontal piece covering the
joint between the top of a wall and the projecting eaves of the roof.
FLAG. Any flag of the United States, or any state of the United States, foreign nations
having diplomatic relations with the United States, the city, corporate flag, or any other
flag adopted or sanctioned by an elected legislative body of competent jurisdiction, or any
other flag whose display is authorized by the Constitution of the United Sates or the
Constitution of the state.
FREESTANDING SIGN. A sign which is erected on its own self-supporting permanent
structure, detached from any supporting elements of a building.
GRAND OPENING SIGN. A temporary sign that announces the introduction or
promotion of a new business, store, shopping center, or office, or the announcement,
introduction, or promotion of the changing ownership of an established business.
HEIGHT. The vertical distance from the top of the highest element of the sign or sign
structure to the top of the curb or crown of the roadway where no curb exists.
IDENTIFICATION SIGN. A sign that identifies only the business, place, organization,
building, street address, or person on the property on which it is located.
ILLUMINATED SIGN. A sign whose surface is artificially lighted internally or
externally.
INFORMATION SIGN. Any sign which is used to inform the public about a business,
service, product, or place.
INSTALL. The action of erecting, re-erecting, constructing, placing, posting, and
building.
KIOSK SIGN. A freestanding, multiple-sided structure approved by the city and
located in public rights-of-way that displays directional information to residential
developments, commercial establishments, and/or public or semi-public facilities.
LOGO. A graphic symbol representing a business, activity, or use.
MAINTENANCE. The replacing or repairing of a part or portion of a sign necessitated
by ordinary wear, tear, or damage beyond the control of the owner.
MANSARD. A sign permanently affixed to a wall or surface designed to protect the
edge of a roof, such surface being no more than 30 degrees from vertical.
MASTER SIGN PROGRAM. A total sign program for a specified development or area
that integrates all signage into a unified theme and design.
MENU BOARD SIGN. A permanently-mounted sign displaying the bill of fare for a
drive-thru restaurant.
MESSAGE BOARD. A portion of a sign displaying an electronic digital message
which changes more than once a day.
MULTIPLE TENANT COMPLEX. A non-residential development where two or more
separate businesses exist, in which there are appurtenant shared facilities (such as
parking or pedestrian mall), and designed to provide a single area that the public can
obtain varied products and services.
MURAL. A graphic depiction painted on a section of wall which contains no written
advertising.
NONCOMMERCIAL SIGN. A sign which does not contain information or advertising
for any business, commodity, service, entertainment, or product.
NON-CONFORMING SIGN. A sign lawfully erected and maintained prior to the
adoption of this subchapter which does not conform with the requirements of this
subchapter.
OFF-PREMISES SIGN. Any sign that is located on property other than where a
business is located, the product is sold, or the service is offered.
ON-PREMISES SIGN. Any sign which is within the legal boundaries of a parcel of
property.
OPEN HOUSE DIRECTION SIGN. A temporary sign used to advertise the sale of a
single house and direct traffic to the house for sale.
PARAPET. The portion of a building exterior wall projecting above the plate line of
the building.
PARCEL. A legal lot, plot, tract, or area of land having fixed boundaries.
PERMANENT SIGN. Any sign that is constructed as lasting and enduring, remaining
unchanged in character, condition (beyond normal wear), and position, and in a
permanent manner affixed to the ground, wall, or building.
PLANNED AREA DEVELOPMENT. A zoning designation that may allow a
development to have one or more principal use(s) or structure(s) and/or variable
development standards on a single parcel of ground or contiguous parcel.
PLANNING DIVISION. The City Planning Division.
PLATE LINE. The point at which any part of the main roof structure first touches or
bears upon an external wall.
POLITICAL SIGN. A temporary sign that supports candidates for office or urges
action on any other matter on the ballot of primary, general, or special elections.
PORTABLE SIGN. Any sign not affixed to a structure or the ground.
PROJECT. Any parcel of land with designated legal boundaries on which
development action has been approved by the city.
PROJECTING SIGN. A sign attached to a building or other structure and extending
in whole or in part more than 14 inches beyond the building.
PROMOTIONAL SIGN. Any temporary sign used to advertise special sales, new
products or services, or promotions, or a business and may include pennants, balloons,
streamers, flags, inflatable structures, search lights, character or product likenesses,
attention attracting media and devices, and other non-merchandise displays.
PUBLIC SIGN. A sign erected by or on behalf of a governmental body to post legal
notices, identify public property, convey public information, direct or regulate pedestrian
or vehicular traffic.
READER PANEL. The portion of any sign that permits regular change of copy,
including electronic copy, which does not change more than once a day.
REAL ESTATE SIGN. Any temporary sign that indicates a single premises, building,
or vacant lot that is currently for sale, lease, or rent.
ROOF LINE. The highest point of the main roof structure or the highest point on a
parapet but shall not include cupolas, pylons, projections or minor raised portions of the
roof.
ROOF SIGN. Any sign erected on a roof, or a sign that projects above the highest
point of the roof line, parapet, or fascia of the building.
SANDWICH BOARD. A sign composed of two faces attached to an a-frame.
SHINGLE SIGN. Any sign suspended from and located entirely under a covered
porch or walkway.
SIGN. Any device (including, but not limited to, letters, words, numerals, figures,
emblems, pictures, or any part or combination) used for visual communication that
attracts the attention of the public and is visible from public or private rights-of-way or
other properties; but shall not include any flag, badge, or insignia of any governmental
unit nor shall it include any item of merchandise normally displayed within a show window
of a business.
SIGN COPY. The letters, words, or graphics used to convey information on the sign.
SIGN STRUCTURE. The supports and framework of the sign.
SINGLE TENANT BUILDING. Any building which has only one tenant.
SNIPE SIGN. Any sign that is posted on trees, utility poles or structures, street lights,
fences, fire hydrants, bridges, curbs, sidewalks, park benches, or other locations on public
property.
SPECIAL EVENT. Any community event such as, but not limited to; bazaars, street
fairs, shows, exhibitions, sporting events, runs, bicycling events, and block parties.
SPECIAL EVENT SIGN. Any sign promoting a special event and may include
pennants, banners, balloons, streamers, flags, and attention-attracting media and
devices.
STREET NUMBER SIGN. Any sign which gives the street address number of the
building.
SUBDIVISION. A subdivision pursuant to the city Subdivision Ordinance, as it exists
or as it may be amended.
SUBDIVISION ADVERTISING SIGN. Any temporary sign promoting the sale of more
than one property or buildings in a city-approved subdivision.
SUBDIVISION ENTRANCE SIGN. Any sign designating the name of the subdivision
at the entrance of the subdivision.
SUBDIVISION IDENTIFICATION FLAGS. Any flags flown within the legal boundaries
of the subdivision to attract persons to the subdivision.
SWOOPER SIGN. A feather-shaped fabric sign attached to a curved frame.
TEMPORARY SIGN. Any sign not designed for permanent display.
TIME AND TEMPERATURE SIGN. A sign on which the only copy that changes is an
electronic or mechanical indication of time and/or temperature.
VEHICLE SIGN. Any sign mounted upon, painted, or otherwise erected on trucks,
cars, boats, trailers, other motorized vehicles or equipment.
WALL SIGN. A sign mounted flat against and projecting less than 14 inches from, or
painted on the wall of a building or structure with the exposed face of the sign in a plane
parallel to the face of the wall, but not including window signs.
WINDOW SIGN. any sign, picture, symbol, or combination thereof, that
communicates information about an activity, business, commodity, event, sale, or service,
and is placed inside a window or upon the window panes or glass and is visible from the
exterior of the window.
(Prior Code, § 21-6-10.2) (Ord. O11-04-05, passed 4-14-2011; Ord. O12-11-11, passed
11-8-2012; Ord. O14-05-03, passed 5-6-2014)
§ 154.127 GENERAL PROVISIONS.
(A) Signs prohibited. No person shall erect, place, establish, paint, create, or perform
maintenance on a sign in the city except as provided in this subchapter. All signs which
are contrary to the provisions of this subchapter are declared to be in violation, and may
be abated as provided by law, except as provided by § 154.134 below. The following
signs are prohibited. Any:
(1) Abandoned sign;
(2) Off-premises sign, except as permitted within this subchapter;
(3) Portable sign;
(4) Snipe sign;
(5) Sign which inhibits free ingress to or egress from any door, window, or any exit
way required by the adopted building code or fire code;
(6) Sign that may obstruct the view of any authorized traffic sign, signal, or other
traffic control device; or any sign by reason of shape, color, or position that interferes with
or may be confused with any authorized traffic signal or device;
(7) Sign placed in a location that will obstruct vision of a vehicle operator while
entering, exiting, or traveling upon the public right-of-way;
(8) Sign located in a manner which interferes with pedestrian travel or poses a
hazard to pedestrians;
(9) Vehicle sign when mounted or placed on any trailer, boat, or motor vehicle that
is parked, stored, or displayed in a manner to attract the attention of the public for
advertising purposes;
(10) Sign with flashing, blinking, or rotating lights, laser lights, search lights, or
unshielded incandescent, fluorescent, metal halide, or high or low pressure sodium light
bulbs or mercury vapor light sources;
(11) Sign placed in rights-of-way, except emergency, public, or kiosk signs;
(12) Tethered balloons or other hazards to aviation; and
(13) Any other sign that is not expressly permitted by this subchapter.
(B) Signs in the right-of-way.
(1) It is unlawful for any person to install a sign in any public right-of-way, except the
following:
(a) Public signs;
(b) City-owned signs; and
(c) Emergency signs.
(2) The City Manager or designee is authorized to immediately remove any illegal
sign located in any public right-of-way.
(C) Street number signs required. The owner of any building shall identify every
building or group of buildings with a street number sign as approved by the City Manager
or designee which shall be clearly visible from the street. This sign shall not be computed
as part of the total sign area permitted and shall not require a permit.
(D) Permits and licenses required.
(1) No person shall erect, place, establish, paint, create, or maintain any sign in the
city without first procuring a permit pursuant to § 154.135, except for those signs not
required to obtain a permit pursuant to division (E) of this section.
(2) No person shall erect, place, establish, paint, create, or perform maintenance on
any sign in the city without first obtaining all required permits and licenses as regulated
by this subchapter or any other laws.
(E) Signs not requiring a permit. No person shall be required to have a permit for the
following signs, provided however that the signs shall be subject to any and all applicable
provisions of this subchapter or any other law:
(1) Temporary decorations or displays celebrating the occasion of patriotic, religious,
or local holidays or special events;
(2) Signs displayed during holidays as identification of temporary sales areas for
trees and similar holiday items. The signs shall be excepted only when displayed within
30 days of the holiday;
(3) Public signs;
(4) Non-illuminated directional, or information signs of a noncommercial public or
quasi-public nature, including street, building, or suite numbers which do not exceed six
square feet;
(5) Directional signs. The signs shall be excepted when wall mounted or, if detached,
where not exceeding a height of three feet;
(6) Emergency signs;
(7) Political signs;
(8) Real estate signs; and
(9) Kiosk signs.
(F) Maintenance. Any person who owns, erects, establishes, paints, creates, or
maintains any sign, including a non-conforming sign, shall maintain the sign in good order
and repair at all times so that it does not constitute any danger or hazard to public safety,
or a visual light, and is free of peeling paint, major cracks, or loose, dangling, or torn
materials.
(Prior Code, § 21-6-10.3) (Ord. O11-04-05, passed 4-14-2011) Penalty, see § 154.999
§ 154.128 LOCATION, DESIGN, AND CONSTRUCTION SPECIFICATIONS.
(A) General regulations.
(1) All signs shall be structurally designed, constructed, erected, and maintained in
accordance with all applicable provisions and requirements of this subchapter and in
compliance with all adopted building and electrical codes.
(2) Illuminated signs and flag poles are permitted by this subchapter unless
otherwise specified. Illumination may either be direct, internal, or internal direct as allowed
herein, and it is unlawful for any person to install illumination which creates any glare or
reflection onto any adjacent property, or onto a street or alley, or so as to create a traffic
hazard.
(B) Sign area measurements. Sign area shall be measured as follows:
(1) Sign copy mounted or painted on background panel or area distinctively painted,
textured, or constructed as a background for the sign copy shall be measured as the area
contained within the sum of the smallest rectangles that will enclose both the sign copy
and the background.
(2) Sign copy mounted as individual words or graphics against a wall, fascia,
mansard, or parapet of a building or other structure that has not been painted, textured,
or otherwise altered to provide a distinctive background for the sign copy shall be
measured as a sum of the smallest rectangles that will enclose each word and each
graphic in the total sign.
(3) Signs with multiple faces shall be measured as follows:
(a) Signs with two faces. If the interior angle between the two sign faces is 60
degrees or less, the area shall be of one face only. If the angle between the two sign
faces is greater than 60 degrees, the sign area will be the sum of the areas of the two
faces.
(b) Signs with three or more faces. The sign area will be 50% of the sum of the
areas of all faces.
(4) Spherical, free-form sculptural, or other non-planar sign area shall be 50% of the
sum of the sides of the smallest four-sided polyhedron that will encompass the sign
structure.
(C) Sign height. Sign heights shall be measured as follows:
(1) Freestanding sign. The height of all signs shall be the vertical distance from the
top of the highest element of the sign or sign structure to the top of the curb or crown of
the roadway where no curb exists. The height of any monument base or other structure
erected to support or ornament the sign shall be measured as part of the sign height (refer
to Figure SR-6).
(2) Wall, fascia, mansard, and parapet signs. Height shall be the vertical distance to
the top of the sign or sign structure from the base of the wall on which the sign is located.
(D) Location specifications.
(1) Sign locations shall be integrated into the design of the building they are attached
to and/or with the design of the site and the adjacent streetscape.
(2) Signs shall be placed so they do not block required access areas and so they
are not obscured by any landscaping when it has reached its full maturity.
(E) Design specifications.
(1) Signs shall be designed to be consistent with the architectural treatment and
overall character of the principal building and/or the overall site.
(2) Signs shall use materials or textures which are complementary to those used in
the principal building and/or in the overall project.
(3) Signs shall use colors which match or complement the colors used on the
building and/or in the overall project.
(4) No sign shall be suspended by chains or other devices that will allow the sign to
swing due to wind action. Signs shall be anchored to prevent any lateral movement that
would cause wear on supporting members or connections.
(5) Signs shall be composed of letters and/or logos attached to a wall or background
or made an integral part of the sign face rather than painted directly onto a wall or backlit
panel.
(F) Construction specifications.
(1) Signs attached to masonry, concrete, or steel shall be safely and securely
fastened thereto by means of metal anchors, bolts.
(2) There shall be no visible angle iron supports, guy wire, braces, or supports. All
sign supports shall be an integral part of the sign design.
(G) Inspections. All signs for which a permit is required shall be subject to the following
inspections, unless waived by the City Manager or designee:
(1) Footing inspections on all freestanding signs, including situations where square
footage or panels are added to existing freestanding signs;
(2) Electrical inspections on all illuminated signs prior to clearance; and
(3) Final inspection which shall cover the sign location, structural members, and
placement of the inspection marker in accordance with this subchapter.
(H) Inspection markings. Any person installing or erecting a permanent sign as
regulated by this subchapter shall ensure that the signs are marked with the maker’s
name and the person or firm erecting the sign, the date of installation, and the permit
number as approved by the City Manager or designee.
(Prior Code, § 21-6-10.4) (Ord. O10-01-01, passed 2-11-2010)
§ 154.129 REGULATIONS BY ZONE.
(A) Residential zones. Residential uses in residential zones.
(1) General.
(a) Applicable zones. This division applies to all signs for residential uses in R
zones, and in all residential areas which are vacant or are in a planned area development
(P.A.D.) unless otherwise approved.
(b) Permitted signs. Only signs which are specifically permitted by this division are
allowed. Any sign which is not specifically permitted by this division is prohibited.
(c) Aggregate sign area allowed.
1. Parcels less than or equal to two acres. Except as otherwise permitted in this
subchapter, the aggregate sign area for any parcel located in a residential zone and which
is less than two acres shall not exceed one and one-half square feet.
2. Parcels larger than two acres. Except as otherwise permitted in this
subchapter, the aggregate sign area for any parcel located in a residential zone and which
is larger than two acres shall not exceed eight square feet.
(2) Wall signs. Wall signs are permitted, but shall not exceed a height of 15 feet.
(3) Freestanding signs.
(a) One freestanding sign shall be permitted on each parcel with a maximum
height of five feet and a maximum area of one and one-half square feet.
(b) A freestanding sign may include only the name of the occupant and the street
address. The sign shall not include any advertising copy.
(c) The base shall have an aggregate width of at least 50% of the width of the sign.
(d) Reader panels are not permitted.
(4) Identification signs. Each residence in a residential zone may have one
identification sign. The sign may be a wall sign or a freestanding sign. The sign may
include only the name of the residence, the name of the occupant, and the street address,
and shall not include advertising copy.
(5) Residential entry sign. A maximum of two residential entry signs, placed at the
entrance to a multi-family or duplex development, manufactured home park, or single-
family development only in order to identify the name of the development, and with a
maximum aggregate area of 24 square feet shall be permitted at each main entrance.
The residential entry signs may be freestanding signs. The residential entry signs may
include only the name of the development and the street address, but shall not include
advertising copy.
(6) Temporary signs. Temporary signs are permitted in accordance with §
154.130(A) of this subchapter.
(B) Non-residential uses in residential zones.
(1) General.
(a) Applicable zones. This division applies to all signs for non-residential uses in
residential zones which includes but are not limited to churches, schools, institutions,
commercial farms or ranches, public facilities, and similar activities.
(b) Permitted signs. Only signs which are specifically permitted by this division are
allowed. Any sign which is not specifically permitted by this division is prohibited.
(c) Maximum aggregate area. The maximum aggregate area of all signs on a
parcel shall not exceed 48 square feet.
(2) Wall signs. Wall signs are permitted, but shall not exceed a height of 15 feet.
(3) Freestanding signs.
(a) One freestanding sign shall be permitted on each parcel with a maximum
height of eight feet and a maximum area of 24 square feet.
(b) A freestanding sign may include only the name of the facility, building, or
organization it is intended to identify. The sign shall not include any advertising copy. The
sign must include the number of the street address, but the area of these numerals shall
not be included in calculating the allowed sign area.
(c) The base shall have an aggregate width of at least 50% of the width of the sign.
(d) No more than one-half of the allowed freestanding sign area shall be used for
reader panels.
(4) Wall, fascia, mansard, and parapet signs. Wall, fascia, mansard, and parapet
signs are permitted, and may identify the facility, building, or organization by name or by
name and principal activity when the name alone does not identify the general nature of
the use, and may include the street address.
(5) Directional signs. Directional signs are permitted when required to assist the flow
of traffic. Directional signs shall not exceed six square feet in area or three feet in height.
(6) Directory signs. Directory signs are permitted for non-residential uses in multi-
residential developments and other multiple tenants facilities.
(a) Each directory shall be illuminated with a maximum area of 18 square feet and
a maximum height of six feet.
(b) The number and location of the signs must be approved by the City Manager
or designee.
(7) Temporary signs. Temporary signs are permitted in accordance with §
154.130(A) of this subchapter.
(8) Murals. Murals shall be considered as artwork and thus a part of the design of
a structure and approved as a conditional use permit by hearings of the Planning and
Zoning Commission and City Council.
(C) Business and industrial zones.
(1) General.
(a) Applicable zones. This division applies to all signs in all B and I zones and in
all commercial and industrial areas in a planned area development (P.A.D.), unless
otherwise provided in this subchapter.
(b) Permitted signs. Only signs which are specified permitted by this section are
allowed. Any sign which is not specifically permitted by this subsection is prohibited.
(c) Aggregate sign area allowed.
1. Unless otherwise modified by this section, the maximum aggregate sign area
for any business is one square foot of signage for each linear foot of the business wall
elevation along the street frontage on which the sign is displayed.
2. Businesses shall be permitted sign area as described in this section for any
one elevation, plus the sign area on all other elevations not to exceed one-half square
foot for each linear foot of elevation where the sign is displayed as long as the elevation
does not directly face a residentially zoned property.
(2) Wall, fascia, mansard, parapet, and shingle signs.
(a) General.
1. Wall, fascia, mansard, and parapet signs are allowed only on the exterior
elevation of the space occupied by the business.
2. Wall, fascia, mansard, or parapet signs may identify the individual businesses,
building complex, or center by name and may identify up to three principal services when
the name alone does not identify the general nature of the business. Any wall, fascia,
mansard, or parapet sign may include the street address, but shall not include advertising
copy.
(b) Wall, fascia, mansard, and parapet signs for theaters.
1. One wall, fascia, mansard, or parapet sign for a theater may contain a reader
panel.
2. The area of the reader panel shall not exceed 75 square feet or the maximum
wall sign area otherwise allowed, whichever is less.
3. The reader panel shall be used exclusively for the purpose of the identifying
entertainment, motion pictures, or special events which occur on the premises.
(c) Shingle signs.
1. One shingle sign which is designed and oriented primarily for the aid of
pedestrians is permitted per business.
2. The minimum clearance between the bottom of the sign and the nearest grade
or sidewalk shall be seven feet, six inches.
3. A shingle sign must be located immediately adjacent to the business it identifies.
(3) Freestanding signs.
(a) General.
1. Freestanding signs are permitted.
2. The base of any freestanding sign shall have an aggregate width at least 50%
of the width of the sign.
3. Single tenant building. Any freestanding sign which identifies a single tenant
building shall only bear the name of the business or building it is intended to identify, and
shall not include any advertising copy.
4. Any freestanding sign shall include the number of the street address, but the
area of these numerals shall not be included in calculating the allowed sign area.
(b) Maximum number and height of signs allowed. One freestanding sign shall be
permitted per access to any parcel or complex but no more than two signs per street
frontage. A freestanding sign shall not exceed a height of 30 feet.
(c) Aggregate sign area allowed.
1. Freestanding signs for multiple tenant complexes. The maximum aggregate
sign area allowed for all freestanding signs for multiple tenant complexes is 150 square
feet.
2. Freestanding signs for single-tenant buildings. The maximum aggregate area
allowed for freestanding signs for single tenant buildings is 75 square feet.
(d) Identification of tenants in a multiple tenant complex. Any freestanding sign
within a multi-tenant building or shopping center may identify the name of the building,
complex, or center, and the names of tenants within the complex. The signs shall not
include any advertising copy.
1. Any freestanding sign for a multiple tenant complex is subject to administrative
design review and approval by the Planning Division. Appeals to the Planning and Zoning
Commission must be filed within 15 days and shall follow the requirements of § 154.159.
(4) Reader Panels.
(a) Gasoline service stations may use up to 66% of the allowed freestanding sign
area for a reader panel only to identify the current price of fuel being sold.
(b) Other uses in the commercial zones may use up to 33% of the allowed
freestanding sign area for a reader panel.
(5) Directional signs. Directional signs when required to assist the flow of traffic are
permitted, but shall not exceed six square feet in area of three feet in height. The sign
may include business identification by word or symbol on up to 25% of the sign area.
(6) Directory signs. Directory signs when required to identify the location of the
various premises located within a center or complex are permitted as follows:
(a) Each directory sign shall be illuminated with a maximum area of 18 square
feet and a maximum height of six feet.
(b) The number and location of the signs must be approved by the City Manager
or designee.
(7) Noncommercial signs. In all commercial and industrial zones, noncommercial
signs shall have a maximum area of 12 square feet and a maximum height of five feet.
(8) Temporary signs. Temporary signs are permitted in accordance with §
154.130(A) of this subchapter.
(9) Menu boards.
(a) Two menu boards are permitted per drive-thru lane. The signs may be
freestanding or wall-mounted.
(b) The maximum aggregate area for a menu board shall not exceed 48 square
feet.
(c) The maximum height of freestanding menu boards shall not exceed eight feet.
(10) Awning signs.
(a) A maximum of 25% of the front face area of an awning may be used for
signage.
(b) The sign area shall be measured according to § 154.129(C)(4)(b) above,
unless a distinctive background is provided.
(c) If letters or graphics are placed on the valence, they shall not be placed
elsewhere on the awning.
(d) Awning signs are allowed only on the exterior elevation of the space occupied
by the business.
(11) Message boards.
(a) A maximum of 33% of the allowed freestanding area may be used for a
message board.
(b) One message board may be permitted for each principle arterial street frontage
to the site.
(12) Billboards and other off-premises signs. Billboards may be approved by
conditional use permit along Olive Avenue or Northern Avenue (Parkway), but no more
than two billboards shall be approved on Olive Avenue and no more than five billboards
on Northern Avenue (Parkway) without Council approval of a variance or development
agreement. Billboards shall not exceed 400 square feet in area or a height of 40 feet
above the nearest curb or 60 feet above grade along Olive Avenue. New digital or static
billboards installed along Northern Avenue (Parkway) shall not exceed 672 square feet
per face, per direction in area or a height of 65 feet above the nearest curb or grade.
Graphics shall not include animated, flashing, scrolling, intermittent, or full motion video
elements. There shall be a minimum rotation time of eight seconds between images. The
signs shall have the City of El Mirage logo integrated within the design. The appropriate
application and amount of city identification is subject to city approval via the conditional
use permit process. Network time of one image for at least eight seconds shall be made
available to the city for messaging on four digital sign faces. No new billboards shall be
permitted within 1,000 feet in any direction from an existing billboard. All permits for
billboards must receive prior written approval from Luke Air Force Base and other
governmental entities if applicable. A one-time fee of $6,000 per site will be assessed
with approval of a digital board and payable to the city. Directional off-premises signs
shall not exceed 32 square feet in area or eight feet in height. No off-premises sign shall
be located in public rights-of-way (except for kiosks as provided in this code) or block the
clear sight of any intersection or drive;
(13) Sandwich boards. Two sandwich boards up to 12 square feet in area shall be
permitted on the premises during business hours but shall not be permitted off-premises
or in public rights-of-way or allowed to block required access along a sidewalk or clear
sight at any intersection or driveway.
(14) Murals. Murals shall be considered as artwork and thus a part of the design of
a structure and approved as a conditional use permit by hearings of the Planning and
Zoning Commission and City Council.
(Prior Code, § 21-6-10.5) (Ord. O10-01-01, passed 2-11-2010; Ord. O11-04-05, passed
4-14-2011; Ord. O12-02-01, passed 2-21-2012; Ord. O12-11-11, passed 11-8-2012; Ord.
O14-05-03, passed 5-6-2014)
§ 154.130 TEMPORARY SIGNS.
(A) It is unlawful for any person to place or install a temporary sign in any zone except
as permitted within this subchapter and the following regulations.
(B) Upon written request, and for good cause, the City Manager or designee may grant
a one-time extension of any time period listed in division (B)(6) of this section.
(1) Real estate signs.
(2) General.
(a) One non-illuminated sign pertaining only to the property on which it is located
shall be permitted for each street frontage.
(b) A maximum of two signs may be permitted per parcel.
(3) Residential zones.
(a) Undeveloped land.
1. For sale, lease, or rent signs on parcels of less than five acres: each sign shall
have a maximum area of six square feet and a maximum height of five feet.
2. For sale, lease, or rent signs on parcels of five acres or more: each sign shall
have a maximum area of 32 square feet and a maximum height of eight feet.
(b) Improved land. Each for sale, lease, or rent sign shall have a maximum area
of 12 square feet and a maximum height of six square feet.
(4) Commercial and industrial zones.
(a) Undeveloped land. Each for sale, lease, or rent sign shall have a maximum
area of 32 square feet and a maximum height of eight feet.
(b) Improved land. Each for sale, lease, or rent sign shall have a maximum area
of 12 square feet and a maximum height of six feet.
(5) Promotional signs.
(a) The following promotional signs shall be allowed for a maximum of 30
consecutive days, no more than four times per year.
(b) 1. One fabric banner attached to wall. Maximum 32 square feet; or
2. One freestanding board per entry with amaximum 12 square feet, 15 feet high;
or
3. No more than two swoopers per business, 15 square feet in area, and 15 feet
in height with at least 25 feet between each one.
(c) All promotional signs shall be professionally prepared and located on private
property and not on public rights-of-way or within clear sights at intersections or drives.
(6) Grand opening signs. One grand opening sign display is allowed per business.
A grand opening sign display requires a new business or change in business name, and
shall be allowed for no more than 30 consecutive days.
(7) Special event signs. Special event sign displays shall be allowed for a maximum
of 30 consecutive days but no sooner than 15 days before or ten days after the event and
no more than three times per calendar year.
(8) Construction and development signs.
(a) Non-illuminated signs are allowed with a maximum area of 32 square feet and
a maximum height of eight feet.
(b) If building permits for the project have not been issued within three months after
issuance of the sign permit, the sign shall be removed and any new construction and
development sign for substantially the same project at the same location will be approved
only after a building permit for the project has been issued by the city.
(c) Every construction and development sign shall be removed prior to the
issuance of any certificate of occupancy for the site.
(d) Any construction and development sign may identify the name of the project,
the names of the developer, contractor, architect, subcontractor, and financier for the
project, and the projected completion date.
(9) Open house directional signs.
(a) There shall be a maximum of two off-site open house directional signs for each
home for sale, and a maximum of one on-site open house directional sign at the property
for sale.
(b) Each open house directional sign shall have a maximum area of three square
feet and a maximum height of 30 inches.
(c) Open house directional signs may be posted only when a salesperson is on
duty at the home and shall be removed when the open house is over.
(d) Open house directional signs shall not be placed on any sidewalk or in any
manner which will interfere with pedestrian travel or pose a hazard to pedestrians.
(e) Open house directional signs shall not obstruct the vision of a vehicular
operator while entering, exiting, or traveling upon either private or public right-of-way.
(10) Window signs.
(a) Window signs may be used for business identification or advertising of any
service, product, business place, or activity on the premises.
(b) Window signs may include, but are not limited to, the business name, street
address, phone number, business hours, meeting times, individual or specific products,
services, or merchandise and related price information slogans, and sale
announcements.
(c) It is unlawful for any reason to exceed a sign area greater than 50% of window
area.
(11) Subdivision advertising signs (on-premises).
(a) One on-premises subdivision advertising sign shall be permitted at each major
entry with a maximum of four signs per subdivision.
(b) The maximum aggregate area of all signs shall be 160 square feet.
(c) The maximum height of any on-premises subdivision advertising sign shall be
15 feet.
(d) The edges of the sign shall be boxed.
(e) No sign permits shall be issued until a preliminary plat has been approved by
the city.
(f) Upon expiration of a preliminary plat, if no final plat is approved, all on-premises
subdivision advertising signs must be removed within ten days.
(g) On-premises subdivision advertising signs are permitted until the sales office
is no longer open.
(h) On-premises subdivision advertising signs shall not be located within 100 feet
of any property line of an existing residence without the written consent of the owners of
all adjacent properties.
(12) Subdivision advertising signs (off-premises).
(a) Off-premises subdivision advertising signs are permitted only on vacant
property with the written permission of the property owner.
(b) A maximum of one off-premises subdivision advertising sign is permitted for
each subdivision which is equal to or less than 60 acres. A maximum of two off-premises
subdivision advertising signs are permitted for each subdivision which is greater than 60
acres. No off-premises subdivision advertising signs shall be located closer than 100 feet
from any other subdivision advertising sign.
(c) Each sign shall have a maximum area of 32 square feet and a maximum height
of eight feet.
(d) Off-premises subdivision advertising signs are permitted until the sales office
is no longer open.
(13) Temporary subdivision identification flags.
(a) A maximum of ten temporary subdivision identification flags per subdivision are
allowed.
(b) The area of any flag shall not exceed 15 square feet.
(c) The maximum height of any flag shall be 20 feet.
(d) There shall be a minimum distance of 25 feet between flags.
(e) All flags shall be placed within the boundaries of the subdivision with the
permission of the property owner, if this is other than the developer.
(f) Temporary subdivision identification flags are permitted until the sales office is
no longer open.
(g) Logos are allowed on the flags, but no flag shall include any advertising copy.
(14) Political signs.
(a) Within residential zones, the maximum aggregate sign area for each parcel
shall be 12 square feet. The maximum height of any sign shall be six feet.
(b) Within commercial and industrial zones, the maximum aggregate sign area for
each parcel shall be 32 square feet for each street frontage, and the maximum height of
any sign shall be eight feet.
(c) The person, party, or organization responsible for the erection or display of the
political sign shall not erect or display the signs before 60 days prior to the specific election
to which the signs refer except between a primary and general election.
(d) The person, party, or organization responsible for the erection or display of the
political signs shall remove the signs within 15 days after the specific election to which
the signs refer. The City Manager or designee may remove the signs pursuant to §
154.135(F).
(e) No person shall remove, alter, deface or cover any political sign under the
same condition as for a city, town or county as set forth in A.R.S. § 16-1019(C) and as
may be amended from time to time.
(15) Garage or yard sale signs. Garage or yard sale signs shall be permitted on a
resident's private property or on other private property with the owner's consent up to four
times in any calendar year, but such signs shall not exceed six square feet in area or five
feet in height and shall be placed no sooner than one day before the sale and removed
no later than the end of the last day of the sale [not to exceed three consecutive days].
No such signs shall be allowed in public rights-of-way or within the clear sight of a
driveway or intersection.
(Prior Code, § 21-6-10.6) (Ord. O10-01-01, passed 2-11-2010; Ord. O11-04-05, passed
4-14-2011; Ord. O11-10-18, passed 10-13-2011; Ord. O13-07-10, passed 7-2-2013; Ord.
O16-05-04, passed 5-17- 2016) Penalty, see § 154.999
§ 154.131 FLAGS AND FLAGPOLES.
(A) It is unlawful for any person to place or install a flag in any zone except as permitted
within this subchapter.
(B) Any person placing or installing a flag shall comply with the following provisions.
(1) A maximum of three flags on any one lot or parcel shall be allowed in any
business or industrial district.
(2) Parcels zoned R-43, R-1, R-la, R-2, R-3, and R-4 shall not have more than one
flagpole per parcel.
(3) No flag pole shall exceed the following heights per specified zone:
(a) Parcels zones R-43, R-1, R-1a shall not exceed 30 feet.
(b) Parcels zoned R-2 and R-3, and R-4 shall not exceed 35 feet.
(c) Parcels zoned B-1, B-2, and B-3 shall not exceed 35 feet.
(d) Parcels zoned I-1, I-2, and I-3 shall not exceed 35 feet.
(4) Flagpoles shall not be placed except within a landscaped setting of not less than
200 square feet.
(5) Illumination of any flag or flagpole shall be in accordance with § 154.128.
(6) Nothing in this section shall apply to any flag or flagpole located on any parcel
owned or operated by any federal, state, or local government for a governmental purpose.
(7) Flagpoles of height in excess of 35 feet.
(a) A flagpole shall not exceed 35 feet in height, except for those displaying the
flags of the Unites States of America or the State of Arizona which may be erected to a
height not to exceed 100 feet.
(b) Any lawful flag may be flown in conjunction with the United States and/or the
State of Arizona flag(s), shall be flown beneath them and shall not exceed either in size.
(c) No more than one flagpole in excess of 35 feet shall be placed in a mobile
home park, a golf course, or on a commercial site.
(d) No flagpole in excess of 35 feet shall be placed on a residential lot.
(Prior Code, § 21-6-10.7) (Ord. O13-07-11, passed 7-9-2013) Penalty, see § 154.999
§ 154.132 MASTER SIGN PROGRAM.
(A) Purpose. The master sign program is designed to allow signage which is
appropriate to the character of the development, provides adequate identification and
information, provides a good visual environment, promotes traffic safety, and is regulated
to the extent necessary to be consistent with the purpose and intent of the sign
requirements.
(B) Compliance. Compliance with an approved master sign program is deemed to be
compliance with all other requirements of this subchapter, except as otherwise stated
herein.
(C) Master sign program criteria.
(1) Master sign programs shall only apply to properties designated within a planned
area development as approved by the City Council or multiple tenant complex within a
commercial or industrial zone.
(2) Any request for approval of a master sign program shall be submitted on an
official conditional use permit application provided by the city. Application shall be
submitted to the City Manager or designee and acted upon by the Planning and Zoning
Commission in accordance with site plan procedure.
(3) Any master sign program shall be evaluated based upon the following criteria:
(a) Placement.
1. On-premises. All signs shall be placed where they are sufficiently visible and
readable for their function. Factors to be considered shall include the purpose of the sign,
its location relative to traffic movement and access points, site features, structures, and
sign orientation relative to viewing distances and viewing angles.
2. Off-premises. Off-premises signs are permitted only on vacant property with
the written permission of the property owner.
(b) Quantity.
1. On-premises. The number of signs that may be approved within any planned
area development or multiple tenant complex shall be no greater than that required to
provide project identification and entry signs, internal circulation and directional
information to destinations and development sub-areas, and business identification.
Factors to be considered shall include the size of the development, the number of
development sub-areas, and the division or integration of sign function.
2. Off-premises. A maximum of one off-premises advertising sign is permitted for
a planned area development or multiple tenant complex which is equal to or less than
160 acres. A maximum of two off-premises advertising signs are permitted for a planned
area development.
(c) Size.
1. On-premises. All signs shall be no larger than necessary for visibility and
readability. Factors to be considered in determining appropriate size shall include
topography, volume of traffic, speed of traffic, visibility range, proximity of adjacent uses,
amount of sign copy, placement of display (location and height), lettering style, and
presence of distractive influences. In no event shall a plan contain a freestanding or wall
sign which exceed by more than 50% any maximum height standard.
2. Off-premises. Signs shall have a maximum area of 160 square feet and a
maximum height of 15 feet. Permitted time is not to exceed 90% of home sales.
(d) Materials. Sign materials shall be compatible with architectural and/or natural
features of the project.
1. This may be accomplished through similarity of materials for sign structures
and faces, the use of complementary colors, similarity of architectural style, and/or the
use of a consistent lettering style or copy.
2. Illumination. Illumination shall be in accordance with § 154.128(A)(1).
(Prior Code, § 21-6-10.8) (Ord. O14-05-02, passed 5-6-2014)
§ 154.133 KIOSK SIGNS.
(A) The purpose of a kiosk sign is to provide a uniform, coordinated method of offering
owners a means of providing directional signs to their premises and minimize confusion
among prospective consumers wishing to locate them while promoting traffic safety and
reducing the visual blight of sign proliferation.
(B) The city is permitted to erect kiosk signs in the public right-of-way at sites approved
by the City Council or delegated to the City Manager or designee.
(Prior Code, § 21-6-10.9)
§ 154.134 NON-CONFORMING SIGNS.
(A) Maintenance. Any person owning or maintaining a legal non-conforming sign shall
maintain the sign in good condition pursuant to § 154.127(F).
(B) Alterations. It is unlawful for any person owning or maintaining a legal, non-
conforming sign or sign structure to alter, reconstruct, replace, or relocate the sign other
than to comply with this subchapter, except reasonable repair and maintenance limited
to a maximum total of 50% of the sign’s or structure’s reproduction cost as determined
from an appraisal by a competent appraiser.
(C) Removal.
(1) Any person owning or maintaining a legal, non-conforming sign shall remove or
bring the sign into conformance with this subchapter when:
(a) More than 50% of the reproduction cost of the sign or sign structure has been
damaged or destroyed or by any means taken down;
(b) The condition of the sign has deteriorated to such an extent that the cost of
repairs exceed 50% of the reproduction cost of the sign or sign structure as determined
from an appraisal by a competent appraiser; and/or
(c) The use of the sign or the property on which it is located has ceased, become
vacant, or been unoccupied for a period of six months or more.
(2) In the event any of these should occur, the sign shall be presumed to be
abandoned and shall be removed by the owner of the property, his or her agent, or person
having the beneficial use of the building or structure upon which the sign or sign structure
is erected within 30 days after written notification from the City Manager or a designee.
(Prior Code, § 21-6-10.10) Penalty, see § 154.999
§ 154.135 PERMITS, ADMINISTRATION, AND ENFORCEMENT.
(A) Code Administrator. The City Manager or designee shall be the authorized Code
Administrator for the city. The City Manager or designee shall implement, administer, and
enforce this subchapter, and may establish rules, regulations, and procedures to
implement, administer, and enforce this subchapter.
(B) Sign permit applications.
(1) Application for a permit shall be on the official form provided by the city and
accompanied by the following information: scaled drawings; the sign legend or
commercial message; sign location and setbacks in relation to property lines; dimensions,
construction specifications; electrical components and wiring; method of attachment and
design of structural members to which attachment is to be made; and location of the
foundation of post hole location in relation to the property line and public right-of-way.
(2) The City Manager or designee shall not issue permits for the use, construction,
reconstruction, or alteration of any sign structure until adequate information is submitted
to determine the proposed action is in conformance with the provisions of these sign
regulations.
(3) The City Manager or designee may, in writing, suspend or revoke a permit issued
under provisions of this section whenever the permit is issued on the basis of a material
omission or misstatement of fact, or in violation of this subchapter.
(4) No permit for a sign issued by the city shall be deemed to constitute permission
or authorization to maintain a public or private nuisance, nor shall any permit issued
hereunder constitute a defense in any action to abate a nuisance.
(5) Whenever any sign for which a permit is required by this subchapter has been
placed, erected, or displayed without first obtaining a permit, a special investigation shall
be made before a permit may be issued. An investigation fee equal to, and in addition to,
the permit fee shall be collected.
(6) Whenever any sign requires an electrical permit, both the sign permit and the
electrical permit must be issued and obtained simultaneously or may be included under
one sign permit.
(C) Permit fees and refunds.
(1) Before the city issues any sign permit required by this subchapter, the applicant
shall pay all fees in accordance with the schedule as set by City Council resolution.
(2) For refunds, the applicant must submit a letter of request along with a copy of the
sign permit to the City Manager or designee. Refunds shall be permitted in accordance
with the provisions of the adopted building codes and city policies.
(D) Variances, site plan procedures, and administrative appeals.
(1) An application request for a variance from the provisions of this subchapter shall
be submitted to the City Manager or designee and acted upon by the Board of Adjustment
in accordance with this chapter, as it exists, or as it may be amended.
(2) An application for conditional use permits required by this subchapter shall be
submitted to the City Manager or designee and acted upon by the Planning and Zoning
Commission in accordance with this chapter, as it exists, or as it may be amended.
(3) An application for administrative appeal shall be submitted to the City Manager
or designee and acted upon by the Board of Adjustment in accordance with this chapter
as it exists or as it may be amended.
(E) Violations and revocations of permits. The City Manager or designee may revoke
any permit authorizing the erection of any sign which is in violation of the permit of this
subchapter. The following is the revocation process.
(1) Notice of the City Manager or designee’s decision to revoke a sign permit shall
be served upon the applicant of the permit:
(a) By delivering in person a copy of the notice to the applicant of the permit or to
one of its officers;
(b) By leaving a copy of the notice with any person in charge of the premises;
(c) In the event no such person can be found on the premises, by affixing a copy
of the notice in a conspicuous position at an entrance to the premises and by the certified
mailing of another copy of the notice to the last known post office address of the applicant
of the permit; or
(d) By posting a copy of the notice on the sign in violation and by the certified
mailing of another copy of the notice to the last know post office address of the applicant
of the permit.
1. The applicant of the permit may appeal the decision of the City Manager or
designee to revoke the permit to the Board of Adjustment, in writing, within 15 days from
the date when the notice was served.
2. If no appeal has been taken at the end of 15 days, the permit is revoked. The
City Manager or designee shall then initiate the process for the removal of the illegal sign
in accordance with division (F) below.
(F) Removal of signs.
(1) The City Manager or designee is authorized to require removal of any illegal sign
under the following provisions.
(2) Before bringing an action to require removal of any illegal sign, the City Manager
or designee shall give written notice to the owner of the sign or the owner of the premises
on which the sign is located. The notice shall state the violation charged and the reasons
and grounds for removal, specifying the deficiencies or defects and what repairs, if any,
will make the sign conform to the requirements of this subchapter, and specify that the
sign must be removed or made to conform with the provisions of this subchapter with the
notice period provided below.
(a) The notice period for permanent signs shall be ten days.
(b) The notice period for temporary signs shall be 48 hours.
(c) Re-erection of any sign or substantially similar sign on the same premises after
a compliance notice has been issued shall be deemed a continuation of the original
violation.
(3) Service of notice shall be made personally on the owner or lessee, or by certified
mail addressed to the owner or lessee at the address specified in the permit or the last
know address.
(4) If the owner of lessee of the premises upon which the sign is located has not
demonstrated to the satisfaction of the City Manager or designee that the sign has been
removed or brought into compliance with the provisions of this subchapter by the end of
the notice period, then the City Manager or designee shall certify the violations to the City
Attorney for prosecution.
(5) The City Manager or designee may remove any illegal sign which exists or has
been re-erected after the expiration date of the notice period, if the owner or lessee of the
premises has been issued a compliance notice at least once before for the same violation
involving the same or similar sign.
(6) Notwithstanding the above, the City Manager or designee may cause the
immediate removal or repair (without notice to the owner of the sign, or of the property on
which it is located) of any unsafe or defective sign or signs that creates an immediate
hazard to persons or property, or of any sign which is placed in any right-of-way in
violation of § 151.002
(7) If the city removes all illegal sign pursuant to this section, the city may petition
the court to recover the costs, expenses, and attorney fees which the city incurred in
removing the illegal sign and in bringing the petition for recovery. If the court finds by a
preponderance of the evidence that the city is entitled to recover, the court may order the
defendant to pay to the city the amount of the costs, expenses, and attorney fees
reasonably incurred by the city, and may enter judgment in favor of the city and against
the defendant in that amount.
(G) Prosecution of violations. Every action to prosecute a violation of this subchapter
shall be prosecuted in the manner provided in city code.
(H) Liability for damages. The provisions of this subchapter shall not be construed to
relieve or to limit in any way, the responsibility or liability of any person, firm, or corporation
which erects or owns any sign, for personal injury or property damage caused by the sign;
nor shall the provision of this subchapter be construed to impose upon the city’s officers,
City Manager, or the city employees, any responsibility or liability by reasons of the
approval of any sign under the provisions of this subchapter.
(Prior Code, § 21-6-10.11)
§ 154.136 CONFLICT.
If any portion of this subchapter is found to be in conflict with any other provision of any
zoning, building, fire, safety, or health ordinances of this code, the provision which
establishes the higher standard shall prevail.
ADMINISTRATIVE PROCEDURES
§ 154.150 PROCEDURE FOR AMENDMENTS TO THIS CHAPTER.
(A) Generally. In accordance with the provisions of Arizona State Statutes, the City
Council may from time to time adopt amendments to the zoning ordinance. An
amendment to this chapter may involve changes in its text and wording, including but not
limited to changes in the regulations regarding uses, setbacks, heights, lot areas,
definitions, administration, and/or procedures. Ordinance amendments do not, however,
include the rezoning of property. Amendments may be initiated by the Council, the
Planning and Zoning Commission, or by petition of a person whose property would be
affected by the amendment.
(B) Application of amendment. If an individual or other party initiates a request for an
amendment to this chapter, the request must be made on a form provided by the Zoning
Administrator. The request must state the exact section of the chapter proposed for
amendment, the proposed substitute wording, and the reasons for requesting the
amendment. Graphic material should also be submitted if it will assist in understanding
the benefits of the amendment. The submittal must be made to the Zoning Administrator
and the processing fee paid at least 30 days prior to the date of the public hearing by the
Planning and Zoning Commission.
(C) Notice of hearing.
(1) No rezoning may be adopted until a public hearing has been held on the matter
by the Planning and Zoning Commission, and if required under § 154.151(E) below by
the City Council.
(2) A notice of the time, date, place, and purpose of the hearings shall be given at
least 15 and not more than 30 calendar days before the hearing by:
(a) Publication in a newspaper of general circulation published or circulated within
the city; and
(b) Posting of the property in a manner that is legible from the public right-of-
way. The posting shall comply with the City of El Mirage Planning Department Site
Posting Requirements.
(2) Notice shall also be sent by first class mail at least 15 days before the day of the
first hearing to each owner of property situated wholly or partly within 300 feet of the
property to which the rezoning relates. The Zoning Administrator shall be responsible for
placing and mailing the notices. For the purpose of giving mailed notice, the Planning
Director may require the applicant to furnish the names and addresses of all owners of
property within 300 feet of the property to be rezoned. The Zoning Administrator shall
make a copy of the notice and a list of the owners and addresses to which the notice was
sent as a part of the record of the proceedings. The failure to receive notice by individual
property owners if notices were published and mailed 15 days prior to the hearing shall
not necessarily invalidate the proceedings.
(3) In proceedings involving rezoning of land which abuts other municipalities or
unincorporated areas of Maricopa County, or a combination thereof, copies of the notice
of the public hearing shall be transmitted to the planning agency of such governmental
unit abutting the land. In proceedings involving rezoning of land that is located within the
territory in the vicinity of a military airport or ancillary military facilities as defined in A.R.S.
§ 28-8461, copies of notice of public hearing shall be sent by first class mail to the military
airport.
(4) In proceedings involving one or more of the following proposed changes or
related series of changes in the standards governing land uses, notice shall be provided
in the manner prescribed by state law.
(a) A 10% or more increase or decrease in the number of square feet or units that
may be developed.
(b) A 10% or more increase or reduction in the allowable height of buildings.
(c) An increase or reduction in the allowable number of stories of buildings.
(d) A 10% or more increase or decrease in setback or open space requirements.
(e) An increase or reduction in permitted uses.
(D) Hearing and recommendation by the Planning and Zoning Commission. An
amendment not initiated by the Planning and Zoning Commission shall be referred to the
Commission for study and public hearing. In its deliberations on the matter, the
Commission shall consider oral or written statements from the applicant, the public, city
staff, and its own members. The Commission may recommend approval or disapproval,
or it may table the proposed amendment. The proposed amendment may not be tabled
more than two meetings in succession. The Planning and Zoning Commission shall notify
the City Council, in writing, of its recommendation. The recommendation shall include the
reasons for the recommendation and be transmitted to the Council not more than 15 days
after the public hearing in which the recommendation was made.
(E) Hearing and decision by the City Council. The City Council, after receipt of the
report and recommendation of the Planning and Zoning Commission, shall set a date
within 30 days for a public hearing on the amendment request. An amendment which has
been recommended for denial by the Commission shall not be reviewed by the Council
except upon written request by the applicant. In its deliberations on the matter, the Council
shall consider oral or written statements from the petitioner, the public, city staff members,
and its own members. The Council may approve the request by ordinance, deny the
request, or table the request for not more than 60 days.
(Prior Code, § 21-7-1)
Editor’s Note:
The City of El Mirage Planning Department Site Posting Requirements, (adopted March
24, 2005), is available from the city upon request.
§ 154.151 PROCEDURE FOR REZONINGS.
(A) Generally. In accordance with the provisions of Arizona Revised Statutes, the City
Council may from time to time change the zoning of parcels of and within the municipality.
These changes in zoning classification are for the purpose of meeting the land use needs
of the residents of the city in conformance with the city’s general plan. Rezonings may be
initiated by the City Council, the Planning and Zoning Commission, the owner of property
proposed for rezoning, the lessee having a leasehold interest of not less than five years
exclusive of an option to renew, or the agent of any of the foregoing, duly authorized in
writing, or by petition of the person whose property would be affected by the rezoning.
(B) Application for rezoning. An application for a rezoning shall be made on a form
provided by the Zoning Administrator. On the application form shall be indicated the legal
description of the property, the present zoning classification, and the recommended use
of this property by the city’s general plan. With the application, the applicant shall submit
a one inch equals 100 foot scale diagram of the rezoning illustrated on a standard section
line map. The applicant shall present evidence to the Zoning Administrator of ownership
or type of controlling interest in the property (e.g., option to purchase). This application
shall be completed, verified by a notary public, and submitted along with the established
fee to the Zoning Administrator at least 21 days prior to the public hearing by the Planning
and Zoning Commission.
(C) Notice of hearing.
(1) No rezoning may be adopted until a public hearing has been held on the matter
by the Planning and Zoning Commission, and if required under division (E) below, by the
City Council.
(2) A notice of the time, date, place, and purpose of the hearings shall be published
in a newspaper of general circulation, published or circulated with the city at least 15 days
prior to the date of the first hearing and at least 15 days prior to the date of any subsequent
hearing.
(3) A similar notice shall be mailed at least 15 days before the day of the first hearing
to each owner of property situated wholly or partially within 200 feet of the property to
which the rezoning relates. The Zoning Administrator shall be responsible for placing and
mailing such notices. For the purpose of giving mailed notice, the Planning Director shall
require the applicant to furnish the names and addresses of all owners or property within
200 feet of the property to be rezoned. The Zoning Administrator shall make a copy of the
notice and a list of the owners and addresses to which the notice was sent as a part of
the record of the proceedings. The failure to receive notice by individual property owners
if notices were published and mailed 15 days prior to the hearing shall not necessarily
invalidate the proceedings.
(4) In proceedings involving rezoning of land which abuts other municipalities or
unincorporated areas of Maricopa County, or a combination thereof, copies of the notice
of the public hearing shall be transmitted to the planning agency of the governmental unit
abutting the land.
(D) Hearing and recommendation by the Planning and Zoning Commission. A
rezoning not initiated by the Planning and Zoning Commission shall be referred to the
Commission for study and public hearing. In its deliberations on the matter, the
Commission shall consider oral or written statements from the applicant, the public, city
staff, and its own members. The Commission may recommend approval or disapproval,
or it may table the rezoning application. The application may not be tabled more than two
meetings in succession. The Planning and Zoning Commission shall notify the City
Council, in writing, of its recommendation. The recommendation shall include the reasons
for the recommendation and be transmitted to the Council not more than 15 days after
the public hearing in which the recommendation was made.
(E) Hearing and decision by the City Council.
(1) The City Council may, after receipt of the report and recommendation of the
Planning and zoning Commission, consider the rezoning request. If requested in writing
by any member of the public or of the City Council, the Council shall hold a public hearing
on the request. A rezoning which has been recommended for denial by the Commission
shall not be reviewed by the Council except upon written request by the applicant, and
shall then require a public hearing. Notice of the time and place of the hearing shall be
given in the time and manner provided for giving of notice of the hearing by the
Commission as specified in division (C) above. During any public hearing on the matter,
the Council shall consider oral or written statements from the applicant, city staff, the
public, and its own members. The Council may approve any request for rezoning by
ordinance, deny the request, or table the request. The application may not be tabled more
than two meetings. If approved, the City Engineer shall revise the official zoning map
accordingly.
(F) Duration of zoning approval (conditional rezoning).
(1) Approval of a rezoning request shall be conditioned upon the start of construction
beginning within one year of the date of approval action taken by the City Council. If, at
the expiration of this period, the start of construction has not begun for the use based
upon the Commission’s approved site plan for which the zoning was conditionally
approved, the property shall revert to its former zoning classification without Council or
Commission action.
(2) The city may authorize extensions when deemed necessary.
(G) Public protest against amendment. If there is a written protest against a change in
the zoning classification of a parcel of land, signed by the owners of 20% or more of the
area of lots included in the proposed change, or of those within a distance of 150 feet, not
including street rights-of-way, the change shall not be approved except upon the
affirmative vote of three-fourths of all of the members of the City Council. If any members
of the governing body are unable to vote on such a question because of a conflict of
interest, then the required number of votes for passage of the question shall be three-
fourths of the remaining membership of the Council, provided that the required number
of votes shall in no event be less than a majority of the full membership of the Council.
(H) Right-of-way dedication. The Planning and Zoning Commission may require as a
condition to the change of zone, the dedication of right-of-way necessary for roadways as
prescribed by the circulation plan contained in the city’s general plan. The Commission
may also require dedication of land for future roadway construction that is greater than
that called for in the circulation plan of the general plan if it is deemed to be in the best
interest of the city.
(Prior Code, § 21-7-2)
§ 154.152 CITIZEN REVIEW PROCESS.
(A) Purpose. The purpose of the citizen review process is to provide citizens and
adjacent land owners with notice of proposed rezoning map amendments and zoning text
amendments, and the opportunity to express any issues or concerns that they may have
with the proposed rezoning map amendment or zoning text amendment before the public
hearing.
(B) Requirements. Every application for zoning map amendment and zoning text
amendment that requires a public hearing shall include a citizen review process which
must be implemented prior to the first public hearing.
(C) Notice area. The level of citizen interest and the number of potentially affected
parties will vary depending on the nature of the application and, for zoning map
amendments, the location of the site. The target area for early notification will be
determined by the applicant after consultation with the Planning Department. At a
minimum, the target area shall include the following:
(1) Property owners within the public hearing notice area required by other sections
of this chapter; and
(2) The head of any homeowners association or registered neighborhood within the
public notice area required by other sections of this chapter.
(D) Submittals. Applicants for zoning map amendments and zoning text amendments
that require a public hearing shall submit to the Planning Department at the time of
application for the zoning map amendment or zoning text amendment a citizen review
plan which includes the following:
(1) A list of those residents, property owners, interested parties, political jurisdictions,
and public agencies that may be affected by the application;
(2) How those adjacent to and potentially affected by an application will be notified
that an application has been made;
(3) How those adjacent to and potentially affected parties will be informed of the
substance of the change, amendment, or development proposed by the application;
(4) How those affected or otherwise interested will be provided an opportunity to
discuss the applicant’s proposal with the applicant and express any concerns, issues, or
problems they may have with the proposal in advance of the public hearing;
(5) The applicant’s schedule for completion of the citizen review process;
(6) How the applicant will keep the Planning Department informed of the status of
the citizen review plan; and
(7) Applicants will be responsible for notice and other costs associated with the
citizen review process.
(E) Citizen review report. Following completion of the citizen review plan, the applicant
shall provide to the Planning Department prior to notice of the first public hearing for the
zoning map amendment or text amendment, a written report of their efforts. The report
shall include a description of the notification process, and a summary of the issues and
concerns expressed during the citizen review process. The report shall be included with
the Planning Department report provided to the City Council and/or Planning and Zoning
Commission.
(F) Requirements are cumulative. These requirements apply in addition to any notice
provisions required elsewhere in the Zoning Ordinance.
(G) Early implementation. The applicant may submit a citizen review plan and begin
implementation prior to formal application for the zoning map amendment or text
amendment. This shall not occur until after the required pre-application meeting and
consultation with the Planning Department staff, and requires the prior written approval
of the Planning Department.
(H) Incomplete citizen review plan and report. If the citizen review plan and/or report
does not meet the requirements of this subchapter, the application for the zoning map
amendment or zoning text amendment shall be considered incomplete and shall not be
scheduled for public hearing.
(Prior Code, § 21-7-2.2)
§ 154.153 PROCEDURE FOR VARIANCES FROM THIS CHAPTER.
(A) Generally. The Board of Adjustment may allow a departure from the terms of these
zoning regulations pertaining to height or width of structures or the 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 this chapter would
deprive the owner of the reasonable use of the land and/or building involved.
(B) Application for variance. A request for variance shall be made by filing at least 21
days prior to the Board meeting an application with appropriate fees with the Zoning
Administrator; the application shall be accompanied by a development plan showing such
information as the Zoning Administrator may reasonably require for purposes of this
chapter. The plans shall contain sufficient information for the Board to make a proper
decision on the matter. The request shall state the exceptional conditions and the peculiar
and practical difficulties claimed as a basis for a variance. In all cases, the application
shall include:
(1) Name and address of the applicant;
(2) The legal description of the property involved in the request for variance,
including the street address, if any, of the property;
(3) The names and addresses of the owners of the property and any other persons
having a legal interest therein;
(4) A site plan drawn to scale showing the property dimensions, grading,
landscaping, and location of utilities, as applicable;
(5) Location of all existing and proposed buildings;
(6) Drive accesses, driveways, access roads, parking spaces, off-street loading
areas, and sidewalks as applicable;
(7) The variance requested and the reasons for the request;
(8) Justification, in writing, that the following exist:
(a) Special circumstances or conditions exist that are peculiar to the land or
building for which the adjustment is sought and do not apply generally to land or buildings
in the neighborhood and have not resulted from any act of the applicant subsequent to
the adoption of this chapter;
(b) The circumstances or conditions are such that the strict application of the
provisions of this chapter would deprive the applicant of the reasonable use of the land
or building, the granting of the adjustment is necessary for the reasonable use thereof
and the adjustment requested is the minimum adjustment that will accomplish this
purpose; and
(c) The granting of the adjustment is in harmony with the general purpose and
intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental
to the public welfare.
(9) Evidence satisfactory to the Board of Adjustment of the ability and intention of
the applicant to proceed with actual construction work in accordance with the plans within
six months after issuance of permit.
(C) Notice of hearing. Notice of the time, date, place, and purpose of the variance
hearing shall be published once in a newspaper of general circulation, published or
circulated within the city and posted in a conspicuous place close to the property affected
at least 15 days before the hearings, and shall be mailed at least 15 days prior to the
Board meeting to each owner of property situated wholly or partially within 200 feet of the
property to which the variance relates. The Zoning Administrator shall be responsible for
mailing the notices. For the purpose of giving mailed notice, the Zoning Administrator
shall require the applicant to furnish the names and addresses of all property owners
within 200 feet of the property.
(D) Evidence required for variance. At the public hearing on a variance application, the
applicant shall present a statement and adequate evidence in such form as the Board
may require for the purpose of showing:
(1) There are special circumstances or conditions applicable to the property referred
to in the application which do not prevail on other property in that zone;
(2) The strict application of the regulations would work an unnecessary hardship and
that the granting of the application is necessary for the preservation and enjoyment of
substantial existing property rights; and/or
(3) The granting of the application will not materially affect the health or safety of
persons residing or working in the neighborhood and will not be materially detrimental to
the public welfare or injurious to property or improvements of the neighborhood.
(E) Board of Adjustment action. In the event the Board of Adjustment can determine
that substantial conformity to the standards previously established in the zone may be
secured and that detriment or injury to the neighborhood will not result from the granting
of a variance as applied for, it may approve or conditionally approve the issuance of the
permit and transmit notice of its action to the Zoning Administrator. Approval may be
granted only upon the affirmative vote of three-fourths of all members of the Board. A
report of its findings and recommendations and any conditions imposed or required shall
also be submitted promptly to the Planning and Zoning Commission and the City Council.
(F) Disapproved application. In the event the Board of Adjustment disapproves an
application for a variance, no permit shall be issued pending further action thereon by an
appeal to the superior court within 30 days from the date the disapproval is officially
entered on the minutes of the Board, if the court shall overrule the action of the Board,
then the Zoning Administrator shall issue the requested permit without further action by
the Board unless the court orders the Board to hold a further hearing to permit the Board
to fix conditions or require guarantees as set forth in divisions (G) and (H) below.
(G) Conditional approval. In approving any variance the Board of Adjustment may
designate the conditions in connection therewith as will in its opinion secure substantially
the objectives of the regulation or provision to which the variance is granted, to provide
adequately for the maintenance of the integrity and character of the zone in which the
permit is granted, and shall provide the Zoning Administrator with a copy of the same.
(H) Guarantees. Where necessary, the Board of Adjustment may require guarantees,
in such form as it may deem proper under the circumstances, to ensure that the conditions
designated in connection therewith are being or will be complied with. Where any
condition under which a variance has been granted is violated, the variance shall cease
to exist and the permit shall become null and void.
(Prior Code, § 21-7-3)
§ 154.154 PROCEDURE FOR SITE PLAN APPROVAL.
(A) (1) Generally. For purposes of this chapter, site plans may be classified as major
or minor site plans. All developments within the city except individual single-family and
duplex residential units and city-owned facilities shall be subject to this chapter. A major
site plan involves one or more of the following:
(a) Forty or more dwelling units in a multiple-family structure or structures.
(b) Fifteen thousand or more square feet of:
1. Office space;
2. Retail commercial space service commercial space; and/or
3. Industrial space.
(c) One or more buildings on one site for:
1. Office use;
2. retail commercial use;
3. Service commercial use; and/or
4. Industrial use.
(c) Twenty thousand or more square feet of exterior storage of materials or goods;
and
(d) Parking for more than 80 vehicles.
(2) Any other site plan (except for a Planned Area Development) is considered a
minor site plan. Any Planned Area Development shall be reviewed according to the
regulations of § 154.158.
(3) The Planning and Zoning Commission has the right to review, and require
revisions to, any proposed site plans, major or minor. The purpose of this review is to
relieve demonstrable adverse impacts of the development upon public safety, health, or
welfare; to protect public investments in roads, drainage facilities, sewage facilities, and
the like; and to ensure that the regulations of the city are upheld.
(4) Additionally, the Planning and Zoning Commission may authorize the Zoning
Administrator to conduct review of minor site plans. Any needed variances for major or
minor site plans must be appealed to the Board of Adjustment.
(B) Application of these procedures. These procedures shall apply to all R-2, R-3, R-
4, B-1, B-2, B-3, I-1, and I-2 rezonings and all non-single-family and duplex development
within the city.
(1) For those rezoning requests that may not comply with the city general plan, the
site plan shall be submitted in conjunction with the rezoning application.
(2) For those rezoning requests that may comply with the general plan, the site plan
shall be submitted prior to any construction or development and may be submitted with
the rezoning application.
(3) For those areas with desired zoning, the site plan shall be submitted prior to any
construction or development.
(C) Application for major or minor site plan approval. Applications for major or minor
site plan approval shall be on a form provided by the Zoning Administrator. Site plans
may be submitted at any time; however, major site plans shall be submitted at least 17
days prior to the Planning and Zoning Commission at which they will be heard. The
application shall be accompanied by the appropriate fee and development plans showing
sufficient information for the Planning and Zoning Commission or city staff to determine
whether the proposed development will meet the development requirements of the city.
In all cases the application shall contain the following:
(1) General:
(a) Name of project/development;
(b) Location of project/development by street address;
(c) Location map, including area within one-half mile of site;
(d) Name and mailing address of developer/owner;
(e) Name and mailing address of engineer/architect;
(f) Date of plan preparation;
(g) North point indicator;
(h) Scale of not less than one inch to 100 feet; and
(i) Names and addresses of property owners within 200 feet of site.
(2) Site plan, including:
(a) Boundary line of property with dimensions;
(b) Location, identification, and dimension of existing and proposed data, to a
distance of 100 feet unless otherwise stated:
1. Topographic contours at a minimum interval of two feet;
2. Adjacent streets and street rights-of-way to a distance of 150 feet, except for
sites adjacent to major arterial streets where the distances shall be 200 feet;
3. On-site streets and rights-of-way;
4. Ingress and egress points;
5. Traffic flow on-site;
6. Traffic flow off-site;
7. Utilities and utility rights-of-way or easements:
a. Electric;
b. Natural gas;
c. Telephone, cable TV;
d. Water; and
e. Sewer (sanitary treated effluent and storm)
8. Buildings and structures;
9. Parking facilities;
10. Water bodies;
11. Surface water holding ponds and drainage ditches surface water drainage
arrows;
12. Significant rock outcroppings;
13. Sidewalks, walkways, driveways, loading areas and docks, bikeways;
14. Fences and walls;
15. Exterior signs;
16. Exterior refuse collection areas;
17. Exterior lighting; and
18. Landscaping (detailed plan showing plantings, equipment, and the like):
a. Botanical and common names of vegetation to be used;
b. Size of plantings at time of planting and at maturity; and
c. Areas to be irrigated.
(c) Number of employee and non-employee parking spaces, existing and
proposed, and total square footage of each;
(d) Site statistics including site square footage, percent of site coverage (building
and parking), dwelling unit density, percent park or open space; and
(e) Reproducible copy of the site plan with appropriate signatures shall be
submitted upon approval.
(3) Building information (on-site), including:
(a) Height above mean sea level of the lowest floor when the structure is proposed
to be located in a floodway or floodplain area;
(b) Gross square footage of existing and proposed structures; and
(c) Front, rear, and side elevations, with a description of exterior materials to be
used.
(4) Permits:
(a) A listing of all required federal, state, and city permits and status of applications;
(b) Certificate of 100-year assured water supply; and
(c) Certificate showing compliance with minimum county and state water quality
standards.
(D) Notification of site plan review.
(1) Major site plan. A notice of major site plan review shall be mailed at least ten
days prior to the Planning and Zoning Commission meeting to each owner of property
situated wholly or partially within 200 feet of the property to which the site plan relates.
The Zoning Administrator shall be responsible for mailing the notices. For the purpose of
giving mailed notice, the Zoning Administrator shall require the owner of the property
affected to furnish the names and addresses of all property owners within 200 feet of the
property.
(2) Minor site plan review. A notice of minor site plan review shall be mailed within
two working days of the date of the site plan approval application to each owner of
property situated wholly or partially within 200 feet of the property to which the site plan
relates. The Zoning Administrator shall be responsible for mailing the notices. For
purpose of giving mailed notice, the Zoning Administrator shall require the owner of the
property affected to furnish the names and addresses of all property owners within 200
feet of the property.
(a) If written protest to any minor site plan is received from any notified property
owner within ten days of the mailing date of notification, the minor site plan shall become
reclassified a major site plan.
(b) No additional application shall be required, however, all requirements and
procedures governing major site plan shall then apply.
(E) Minor site plan review.
(1) In considering applications for minor site plan approval under this chapter, the
city staff, if authorized by the Commission, shall consider the following: relationship of the
plan elements to conditions both on and off the property; conformance to the city’s zoning
ordinance; conformance to the city’s general plan; the impact of the plan on the existing
and anticipated traffic and parking conditions; the adequacy of the plan with respect to
land use; pedestrian and vehicular ingress and egress; building location and height;
landscaping; lighting; provisions for utilities; site drainage; open space; loading and
unloading areas; grading; signage; screening; setbacks; and other related matters.
(2) The city staff shall meet with the applicant upon request. The city staff shall also
consider oral or written statements from the public or other city staff members. A decision
shall be made on a minor site plan within 15 days of the date of application.
(3) If the city staff shall determine that the proposed site plan will not be detrimental
to the health, safety, or welfare of the community nor will cause traffic congestion or
seriously depreciate surrounding property values and at the same time is in harmony with
the purposes and intent of this chapter, the plan for the area, and the general plan, the
staff will recommend to the City Council, to grant the site plan approval, and the conditions
and safeguards be imposed as they deem necessary. Staff shall notify the Planning and
Zoning Commission at its next regular meeting of any site plan approvals.
(4) Minor site plan approval applications may be denied by city staff upon finding
and determination by the staff that the conditions required for approval do not exist.
(5) When a minor site plan approval application is denied by city staff, an appeal
may be taken to the Planning and Zoning Commission. If unusual or significantly difficult
conditions exist which affect the site plan, the Zoning Administrator may determine and
require that the site plan be reviewed and acted upon by the Planning and Zoning
Commission.
(F) Major site plan review.
(1) In considering applications for major site plan approval under this chapter, the
Planning and Zoning Commission shall consider the following: relationship of the plan
elements to conditions both on and off the property; conformance to the city’s zoning
ordinance; conformance to the city’s general plan; the impact of the plan on the existing
and anticipated traffic and parking conditions; the adequacy of the plan with respect to
land use; pedestrian and vehicular ingress and egress; building location and height;
landscaping; lighting; provisions for utilities; site drainage; open space; loading and
unloading areas; grading; signage; screening; setbacks; and other related matters.
(2) The Planning and Zoning Commission shall consider oral or written statements
from the applicant, the public, city staff members, or its own members. It may question
the applicant and approve, deny, or table the development proposal. The application may
not be tabled for more than two regular meetings of the Commission.
(3) If the Commission shall determine by motion that the proposed site plan will not
be detrimental to the health, safety, or welfare of the community nor will cause traffic
congestion or seriously depreciate surrounding property values and at the same time is
in harmony with the purposes and intent of this chapter, the plan for the area, and the
comprehensive plan, the Commission will recommend to the City Council to grant the site
plan approval and impose such conditions and safeguards as they deem necessary.
(4) Site plan approval applications may be denied by motion of the Commission
when the motion or consent shall constitute a finding and determination by the
Commission or staff that the conditions required for approval do not exist.
(G) Duration of site plan approval. An approved site plan shall be valid for one year
from its date of approval, or until the zoning on a particular site lapses, whichever occurs
first.
(H) Amendments to approved site plans.
(1) Any amendment or modification to an approved site plan shall be submitted for
approval. All amendments shall be shown on a revised site plan drawing.
(2) Amendments to minor site plans shall be submitted to city staff who may, if
authorized by the Commission, approve the amendment(s) if they determine that the
amendment(s) are acceptable to the city.
(3) Amendments to major site plans previously approved by the Planning and Zoning
Commission may be approved by the Chairperson and Secretary of the Commission upon
finding by the Chairperson and Secretary of the Commission that the amended site plan
is in substantial compliance with the originally approved site plan. If it is determined that
the amended site plan is not in substantial compliance with the originally approved site
plan, the application shall be resubmitted and shall be subject to divisions (C), (D), and
(F) above.
(Prior Code, § 12-7-4) (Ord. O11-09-17, passed 9-22-2011)
§ 154.155 PROCEDURE FOR CONDITIONAL USE PERMIT.
(A) Generally. Certain uses, while generally not suitable in a particular zoning district,
may, under certain circumstances, be acceptable. When these circumstances exist, a
conditional use permit may be granted. Conditions may be applied to the issuance of the
permit and periodic review may be required. The permit shall be granted for a particular
use and not for a particular person or firm. No conditional use permit shall be granted for
a use which is not specifically designed as such in this chapter.
(B) Application for conditional use permit. The person applying for a conditional use
permit shall fill out and submit to the Zoning Administrator the appropriate form together
with the required fee. The request for a conditional use permit shall follow the procedures
and applicable requirements for major site plans of § 154.154, Procedure for Site Plan
Review, of this chapter.
(C) Planning and Zoning Commission consideration and findings.
(1) Within 30 days after the conclusion of the public hearing, the Commission shall
approve, conditionally approve, or deny the conditional use permit application.
(2) The Commission, in approving a conditional use permit, shall, by resolution
adopted by an affirmative vote of not less than the majority of all its voting members, find
as follows.
(a) The site for the proposed use is adequate in size and topography to
accommodate the use, and all yards, spaces, walls and fences, parking, loading, and
landscaping are adequate to properly relate the use with the land and uses in the vicinity.
(b) The site for the proposed use relates to streets and highways adequate in width
and pavement type to carry the quantity and kind of traffic generated by the proposed
use.
(c) The proposed use will have no adverse effect upon the abutting property.
(d) The proposed use shall be in conformance with the general plan.
(e) The conditions stated in the approval are deemed necessary to protect the
public health, safety, and general welfare. The conditions may include but are not limited
to:
1. Regulation of use;
2. Special yards, spaces, and buffers;
3. Special fences, solid fences, and walls;
4. Surfacing of parking areas;
5. Requiring street, service road, or alley dedications and improvements or
appropriate bonds;
6. Regulations of points of vehicular ingress and egress;
7. Regulation of signs;
8. Requiring maintenance of the grounds;
9. Regulation of noise, vibrations, odors;
10. Regulation of hours for certain activities;
11. Time period within which the proposed use shall be developed;
12. Duration of use;
13. Requiring the dedication of access rights; and/or
14. Other such conditions as will make possible the development of the city in
an orderly and efficient manner.
(f) The Commission shall, in addition to any other conditions, impose the following
general conditions upon every conditional use permit granted.
1. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit
procedure.
2. All of the special conditions shall constitute restrictions running with the land
and shall be binding upon the owner of the land, his or her successors or assigns.
3. All conditions specifically stated under any conditional use listed in this
chapter shall apply and be adhered to by the owner of the land, his or her successors or
assigns.
4. All of the special conditions shall be consented to in writing by the applicant.
5. The resolution granting the application, together with all consent forms, shall
be recorded by the Recorder of Maricopa County.
(3) Applications for conditional use permits may be approved or denied by motion of
the Commission. If an application is denied, the denial shall constitute a finding that the
applicant has not shown that the conditions required for approval do exist. No application
for a conditional use permit which has been denied wholly or in part shall be resubmitted
for a period of six months from the date of the order of denial, except on the grounds of
new evidence or proof of change of conditions found to be valid by the Commission.
(D) Notification of Commission action. The applicant shall be notified of the action
taken by the Commission within seven days of its action. If the application has been
granted, the permit shall be issued upon the signature of the Chairperson of the Planning
and Zoning Commission and the Zoning Administrator, and any conditions, automatic
termination date, or period of review shall be stated on the permit.
(E) Appeals to the City Council.
(1) A written appeal may be taken to the City Council by the applicant or any person,
firm, corporation, group, or association owning real property within 150 feet of the
conditional use applicant’s property, aggrieved or affected by the decision of the
Commission with respect to any conditional use.
The appeal shall be filed in duplicate with the Zoning Administrator within ten days from
the date of action by the Commission.
(2) The appeal shall specifically state the grounds therefore and wherein the
Commission failed to conform to the requirements of these regulations or appellate has
otherwise been aggrieved or affected by the actions of the Commission.
(3) The Zoning Administrator shall immediately transmit one copy of the appeal to
the Commission.
(4) The Zoning Administrator shall inspect the appeal for defects and validate the
appeal within 48 hours of receipt. If the appeal is defective in any particular for non-
compliance, the Zoning Administrator shall immediately send notice to the applicant of
the fact and the type and nature of the defect or defects.
(F) City Council decision. The City Council may by resolution reverse or affirm, wholly
or in part, or may modify any decision, determination, or requirement of the Commission,
but before doing so, the City Council must set the matter for hearing, give notice of the
hearing as is provided in § 154.151(E) and must make a written finding of fact setting
forth wherein the Commission’s findings were in error. A majority vote of the membership
of the Council shall be required to grant in whole or in part any appealed application for
conditional use permit acted upon by the Commission.
(G) Modification or enlargement of structures authorized under a conditional use
permit. Any proposed additions, enlargements, or modifications of the structures
approved in any conditional use permit or any proposed extension of the use into areas
not approved in any such permit shall be subject to §§ 154.154(C), (D) and (F) and
154.155 of this chapter.
(Prior Code, § 21-7-5) Penalty, see § 154.999
§ 154.156 PROCEDURE FOR OPERATING A HOME OCCUPATION.
(A) Notice of intent to operate a home occupation. Any individual wishing to apply for
a business license with the intent of operating the business from his or her home shall
acknowledge by signature his or her understanding of the requirements and conditions of
§ 154.108 of this chapter, and shall agree to abide by those requirements and conditions.
(B) Complaints by citizens or residents. Complaints by citizens or residents may be
cause for termination of the home occupation. Upon receipt of a complaint, a home
occupation may be ordered terminated by the Zoning Administrator upon a finding that
the home occupation is incompatible or disruptive to the neighborhood in which it is
located.
(C) Appeal to Board of Adjustment. Any person may appeal the Zoning Administrator’s
action to the Board of Adjustment within 15 days as per § 154.159 of this chapter.
(Prior Code, § 21-7-6)
§ 154.157 PROCEDURE FOR SPECIAL TEMPORARY USE PERMIT.
(A) Generally. Uses permitted subject to special temporary use permit are those
temporary uses which are required for the proper function of the community or are
temporarily required in the process of establishing a permitted use, or constructing a
public facility. The uses shall be so conducted that they will not be detrimental in any way
to the surrounding properties or to the community. Uses permitted subject to a special
temporary use permit may include:
(1) Christmas tree sales;
(2) Carnivals, circuses, special events of not over 72 consecutive hours;
(3) Garage sales (limited to 60 consecutive hours);
(4) Parking and storage of earth moving or construction equipment;
(5) Storage of materials incidental to the carrying on of a public works project,
subdivision, or construction project;
(6) Tent revival meetings;
(7) Tract home or lot sales office;
(8) Construction; garage or shed for subdivision construction; and/or
(9) Such other uses as the Board may, by resolution, deem to be within the intent
and purpose of this section.
(B) Application and filing fees. Application for a special temporary use permit may be
made by the property owner or his or her authorized agent. The application shall be filed
with the Zoning Administrator who shall charge and collect a filing fee for each such
application, as provided in this chapter. The Zoning Administrator may also require any
information deemed necessary to support the approval of a special temporary use permit
including site plans as per § 154.154(C) of this chapter.
(C) Decision. Application for special temporary use permit shall be reviewed by the
Zoning Administrator who shall approve, conditionally approve, or disapprove the
application. Approval or conditional approval shall be given only when in the judgment of
the Zoning Administrator the approval is within the intent and purposes of this section.
Any person aggrieved by the decision of the Zoning Administrator may file an appeal with
the Board of Adjustment.
(D) Conditions. In approving such a permit, the approval shall be made subject to a
time limit and other conditions deemed necessary to assure that there will be no adverse
effect upon adjacent properties. The conditions may include the following:
(1) Regulation of hours;
(2) Regulation of lights;
(3) Requirement of bonds or other guarantees for cleanup or removal of structure or
equipment;
(4) Parking requirements; and/or
(5) Such other conditions deemed necessary to carry out the intent and purpose of
this section.
(Prior Code, § 21-7-7)
§ 154.158
PROCEDURE FOR PLANNED AREA DEVELOPMENT (P.A.D.)
APPROVAL.
(A) Generally. Any development proposal which meets the requirements of § 154.065
shall be reviewed according to the provisions of this section. All P.A.D. applications shall
be reviewed and approved by the Planning and Zoning Commission and City Council
prior to any physical development on the subject property.
(B) Application.
(1) The applicant is encouraged to meet with appropriate city staff prior to making
application for P.A.D. approval to discuss the development concept, the review and
approval process, and the submittal requirements.
(2) The applicant shall obtain the necessary application forms from the Zoning
Administrator. Application forms shall be properly completed and submitted to the Zoning
Administrator. Concept plan exhibits shall accompany the application. The concept plan
shall be submitted at least seven days prior to meeting with city staff.
(C) Concept plan submittal requirements. The concept plan shall indicate proposed
land uses, general circulation patterns, property boundaries, existing land uses on
adjacent properties, special site conditions or problems. A computation table showing
proposed land use allocations in acres and percent of total site area shall be included on
the concept plan.
(D) Preliminary development plan.
(1) Submittal requirements. Based upon comments received regarding the concept
plan, the applicant shall prepare a preliminary development plan. A preliminary
development plan shall be submitted at least 30 days prior to the hearing by the Planning
and Zoning Commission. The following information shall be submitted to the Zoning
Administrator:
(a) Legal description of property and indication of gross area;
(b) Nature of the applicant’s interest in the land to be developed;
(c) A generalized location map showing surrounding land use and traffic circulation
patterns;
(d) Site conditions: an analysis of the existing site conditions which indicates at a
minimum:
1. Topographic contours with intervals of no more than two feet, to a distance of
1,900 feet beyond the property boundary;
2. Location and extent of major vegetative cover (if any);
3. Location and extent of perennial or intermittent streams and water ponding
areas;
4. Existing drainage patterns; and
5. Other information considered relevant by the applicant or city staff.
(e) Proposed allocations of land use expressed as a percentage of the total area,
as well as in acres. Uses to be indicated include:
1. Arterial streets;
2. Open space (public);
3. Open space (private);
4. Residential (if appropriate);
5. A stratification of residential uses in terms of single-family detached units,
patio homes, townhouses, garden apartments, and the like;
6. Commercial (if appropriate); and
7. Industrial (if appropriate).
(f) A land use plan at a scale not smaller than one inch equals 100 feet, indicating
land uses, acres, and development densities of each land use and the most nearly
equivalent zoning categories; all arterial and collector street circulation elements,
pedestrian and/or bicycle circulation elements, exact perimeter locations of any/all arterial
streets and major collector streets; open spaces; and recreational areas;
(g) Plans indicating the approximate alignment and sizing of water lines, sanitary
sewers, and storm sewers (if any), as well as easements for all utilities, if necessary. Also
indicated should be proposed surface drainage patterns;
(h) A preliminary plat of the proposed development if land subdivision is proposed;
(i) Conceptual architectural renderings indicating the elevations and exterior wall
finishes of proposed building types;
(j) Conceptual landscaping plans, indicating landscaping theme character of the
development;
(k) A traffic analysis report, if deemed necessary by the city; and
(l) Phasing plan, if development is to take more than one year.
(2) Planning and Zoning Commission review and hearing.
(a) Notice of hearing.
1. The Commission shall hold a public hearing on the preliminary development
plan. A notice of the time, date, place, and purpose of the hearing shall be published in a
newspaper of general circulation, published or circulated within the city at least 15 days
prior to the date of the hearing.
2. A similar notice shall be mailed at least 15 days before the day of the hearing
to each owner of the property situated wholly or partially within 200 feet of the property to
which the P.A.D. relates. The Zoning Administrator shall be responsible for placing and
mailing the notices. For purposes of giving mailed notice, the Zoning Administrator shall
require the applicant to furnish the names and addresses of all property owners within
200 feet of the property.
(b) Review.
1. In considering applications for P.A.D. approval, the Commission shall
consider the following:
a. Interrelationship with the plan elements to conditions both on and off the
property;
b. Conformance to the general plan guide;
c. The impact of the plan on the existing and anticipated traffic and parking
conditions;
d. The adequacy of the plan with respect to land use;
e. Pedestrian and vehicular ingress and egress;
f. Architectural design;
g. Landscaping;
h. Provisions for utilities;
i. Site drainage;
j. Open space and/or public land dedications;
k. Grading; and
l. Other related matters.
2. The Commission shall consider oral or written statements from the applicant,
the public, city staff, or its own members. It may question the applicant and approve,
disapprove, or table the preliminary development plan. The application may not be tabled
for more than two regular meetings of the Commission.
3. If the Commission shall determine by motion that the proposed preliminary
development plan will not be detrimental to the health, safety, or welfare of the community,
will not cause traffic congestion or depreciate surrounding property values and, at the
same time, is in harmony with the purposes and intent of this chapter, the plan for the
area, and the general plan, the Commission may recommend granting preliminary
development plan approval, along with necessary conditions and safeguards, including
provisions, as applicable, for public land dedications.
4. The Commission shall notify the City Council, in writing, of its
recommendation.
(3) City Council consideration and hearing.
(a) Consideration and hearing.
1. The City Council, after receipt of the report and recommendation of the
Planning and Zoning Commission, may consider the P.A.D. request. If requested in
writing by any member of the public or the City Council, the Council shall hold a public
hearing on the request. A notice of the time, date, place, and purpose of the hearing shall
be published in the official newspaper of the city at least 15 days prior to the date of the
hearing.
2. A preliminary development plan which has been recommended for denial by
the Commission shall not be reviewed by the Council except upon written request by the
applicant and shall require a public hearing.
(b) Review and approval.
1. In its deliberations on the preliminary development plan, the Council shall
consider oral or written statements from the applicant, city staff, the public, and its own
members. The Council’s review shall encompass the same spectrum of considerations
as did the Commission’s. The City Council may approve the preliminary development
plan, deny the request, or table the request. The application may not be tabled for more
than two meetings in succession.
2. Conditions may be applied to the approval and/or periodic review of the
approval may be required. Approvals, if granted, shall be for a particular development,
not for a particular applicant.
(c) Public protests against P.A.D. If there is written protest against the preliminary
development plan signed by the owners of 20% or more of the property within 150 feet of
the proposed P.A.D., the preliminary development plan shall not be approved except
upon the affirmative vote of three-fourths of all members of the City Council. If the above
protest requirements are not met, approval may be by majority vote of the membership
of the City Council.
(d) Duration of P.A.D. zoning.
1. Approval of a P.A.D. rezoning request shall be conditioned upon the start of
construction beginning within one year of the date of approval action taken by the City
Council. If, at the expiration of this period, the start of construction has not begun, the
property shall revert to its former zoning classification without Council or Commission
action.
2. In the case of a proposed phased development, start of construction for the
first phase must commence within one year, with the remaining phases commencing
according to the approved phasing plan.
3. The city may authorize extensions when deemed necessary.
(E) Final development plan.
(1) Approval. Final P.A.D. development plan approval and the issuance of a
development permit for any portion of a P.A.D. shall occur only when:
(a) A reproducible copy of the approved preliminary development plan with
appropriate signatures has been supplied to the Community Development Department;
(b) The design and construction specifications for all utilities, property, and street
improvements have been approved by the City Engineer;
(c) A site plan, subject to the requirements of § 154.154, for the specific portion of
the P.A.D. in question has been submitted and has been approved by the Planning and
Zoning Commission, as in conformance with the preliminary development plan. (Upon
approval of the site plan, a reproducible copy shall be submitted);
(d) Architectural elevations of the buildings, with materials lists, are submitted and
approved by the Planning and Zoning Commission;
(e) A landscaping plan is submitted and approved by the Planning and Zoning
Commission;
(f) A performance bond, cash escrow agreement, or other acceptable instrument
has been deposited with the city in an amount as set by the City Council based upon the
City Engineer’s recommendation. This financial guarantee shall be used to ensure the full
completion, as specified, of:
1. Public and private streets and utilities;
2. Landscaping; and
3. Publicly- and privately-owned and maintained recreational facilities;
(g) Any land dedication agreements made as part of the preliminary development
plan approval are fulfilled.
(2) Platting requirements. All applicants for a Planned Area Development permit
shall be required to file with Maricopa County a final plat of the Planned Area
Development complying with all of the requirements of the subdivision ordinance of the
city except to the extent that the Council may give specific permission to the effect that
specific portions of the subdivision ordinance need not be complied with. The required
plats shall contain on their face a cross-reference to the P.A.D. development plan.
(F) Method of withdrawing an application for P.A.D. approval. Any application for a
planned area development permit may be withdrawn by the applicant at any time prior to
filing the final plat upon written notification to the Zoning Administrator and/or City Clerk.
The P.A.D. shall be null and void upon receipt of the notice by the city.
(G) Amendments to P.A.D. approval.
(1) Minor changes. Minor changes in the location and placement of buildings may
be authorized by the Zoning Administrator and City Engineer where unforeseen
circumstances such as engineering requirements, dictate the change. When in question,
the Zoning Administrator and the City Engineer may determine whether the changes shall
be classified as a minor or major, or may refer the question to the Planning and Zoning
Commission, if they deem it necessary.
(2) Major changes. Major changes, such as alterations in structural types, in the
shapes and arrangements of lots and blocks, in the allocation of open space or other land
uses which increase density and/or intensity of the project, and all other changes which
significantly affect the overall design or intent of the project shall be referred to the
Planning and Zoning Commission, after which the Commission shall consider and shall
either approve or deny the changes in the final development plan. If the changes are
authorized, the developer shall submit a revised plan showing the authorized changes.
Requirements of divisions (D) and (E) above shall apply to requests for major changes.
(H) Denial of P.A.D. approval. If an application for planned area development approval
is denied at either the preliminary development plan or final development plan stage, a
new application for a P.A.D. approval by the same applicant on the same site or portion
of the site cannot be filed prior to 90 days after the date of denial.
(Prior Code, § 21-7-8)
§ 154.159 PROCEDURE FOR APPEALS TO BOARD OF ADJUSTMENT.
(A) Application for appeal. Any aggrieved person or any officer or department of the
city affected by a decision of an administrative officer, pertaining to this chapter, may
appeal to the Board of Adjustment by filing an application with the Zoning Administrator.
The application shall state the name and address (or city office) of the applicant and the
reasons for filing the appeal. The application shall be made within 21 days of the date of
the decision which is being appealed. The Zoning Administrator shall then transmit to the
Board the complete record of the action for which the appeal is made. Appeals to the
Board may be made only in conjunction with an action.
(B) Stay of proceedings. An appeal to the Board stays all proceedings in furtherance
of the action appealed unless the officer from whom the appeal is taken certifies to the
Board that by reason of facts stated in the certificate of stay, the stay would, in his or her
opinion, cause imminent peril to life or property. In such cases, proceedings shall not be
stayed other than by a restraining order granted by the Superior Court on notice to the
Zoning Administrator, with due cause shown.
(C) Notice of hearing.
(1) No appeal may be granted by the Board until a public hearing has been held on
the application. A notice of time, date, place, and purpose of the hearing shall be
published in a newspaper of general circulation, published or circulated within the city at
least 15 days prior to the date of the hearing.
(2) If the appeal relates to a decision on a specific site, a similar notice shall be
posted in conspicuous places close to the site affected and shall be mailed at least 15
days prior to the date of the hearing to each owner of the property situated within 200 feet
of the property to which the appeal relates. The Zoning Administrator shall be responsible
for mailing the notice. For the purpose of giving mailed notice, the Board may require the
applicant to furnish the names and addresses of all property owners within 200 feet of the
property. The failure to receive notice by individual property owners will not necessarily
invalidate the proceedings.
(D) Review and decision by the Board. Within 45 days of the date of application, but
no sooner than 15 days from the date of public notice, the Board shall hear and decide
arguments for appeal to the decision in question. The Board shall consider oral or written
statements from the appellant, his or her agent or attorney, the public, and city staff
members. The Board shall also study the record of the action from which the appeal is
taken. The Board may, by three-fourths majority of the entire Board, approve an appeal
or by simple majority, table the appeal. If tabled, the Board shall make a decision on the
appeal at its next regularly scheduled meeting. The Board may impose such conditions
and safeguards on its decision as it deems necessary to satisfactorily correct the situation
in question, but it shall not attempt to infringe upon matters not specifically contained in
the appeal.
(E) Notice of Board decision. The Board shall issue a written notice of its decision to
all concerned parties and to the Zoning Administrator and the City Clerk, who shall notify
the City Council and make official record of the decision. The notice shall state the facts
of the matter as determined by the Board, the reasons for its decision, and any conditions
applied to the decision.
(Prior Code, § 21-7-9)
§ 154.160 FEES.
(A) Purpose. It is the intent of this section to require petitioners to pay a portion of the
public services that are necessary for processing their request. While the city is not
expecting 100% recovery of all costs, it does feel that all required publication and mailing
costs, plus a portion of administrative costs, should be borne by the petitioner.
(B) Application fees.
(1) Fees, for matters pertinent to the administration of this chapter, will be set from
time to time by resolution of the City Council of the city, including fees for:
(a) Zoning text amendments;
(b) Zoning map amendment (rezonings);
(c) P.A.D. concept plan;
(d) P.A.D. preliminary development plan;
(e) Site plans;
(f) Variances;
(g) Conditional uses;
(h) Special temporary uses;
(i) Appeals to Board of Adjustment;
(j) Appeals to City Council or Planning and Zoning Commission; and
(k) Amendments to previously approved P.A.D.s and site plans.
Application Type
Fees
Zoning text amendment
$1,000
Zoning map amendment (rezoning)
R-1, R-la, R-2, R-3, R-4
$650, plus $30/acre
B-1, B-2, B-3
$700, plus $35/acre
I-1, I-2, I-3
$750, plus $40/acre
P.A.D.
Preliminary development plan
$1,000, plus $2/acre
Amendment (Major)
50% of original fee
Amendment (Minor)
20% of original fee
Site Plan
$300, plus $15/acre
Amendment (Major)
50% of original fee
Amendment (Minor)
20% of original fee
Variance
$250
Conditional use
Same as required by Site Plan
Fee
Appeal to Board of Adjustment
$200, per appeal
Appeal to Planning and Zoning Commission or City Council
$200, per appeal
(2) For purposes of this chapter, the first site plan filed for a site developed prior to
the effective date of this chapter or for a site developed prior to annexation shall be
considered an amendment to a previously approved site plan.
(3) No filing fee shall be required for any application filed by any agency or
department of the city of any government organized under the laws of the State of Arizona
or of the United States. This exception shall not apply to non-governmental leases of
government land.
(4) The City Council may waive fees to avoid duplication of charges or undue
hardship.
(Prior Code, § 21-8-2)
§ 154.999 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is
prescribed shall be subject to § 10.99.
(B) No person shall locate, erect, construct, reconstruct, enlarge, change, maintain, or
use any building or structure, or use any land in violation of this chapter.
(C) The Zoning Administrator shall order, in writing, the correction of any violation. The
order shall state the nature of the violation, the code provision violated, and the time by
which the violation must be corrected. After the order has been served, no work shall
proceed on any structure or tract of land covered by such an order except to correct the
violation or to comply with the order.
(D) Decisions of the Zoning Administrator may be appealed to the Board of Adjustment
in accordance with § 154.159.
(E) In addition to or in lieu of the procedures outlined above, this chapter shall be
enforceable in a court of proper jurisdiction, and any or all appropriate remedies at law or
in equity shall be available for the enforcement thereof.
(F) Any and all persons who shall violate any of the provisions of this chapter or fail to
comply therewith, or who shall fail to comply with any lawful order or regulation made
thereunder, shall severally for each and every such violation and non-compliance
respectively, forfeit and pay a fine of not less than $50, not more than $750, and/or be
imprisoned not to exceed the time of four months for each offense, the violation
constituting a Class 2 misdemeanor under the Criminal Code of the laws of the State of
Arizona. In addition, the costs of any such action may be imposed at the discretion of the
court. The imposition of one penalty for any violation of this chapter shall not excuse the
violation or permit it to continue; and all such persons shall be required to correct or
remedy the violations and defects within a reasonable time; and each day that the
prohibited condition is not corrected or remedied shall constitute a separate offense; and
the court shall impose a fine on a per diem basis for each day that the violation is
maintained. Application of the above penalty shall not be held to preclude the forced
removal of prohibited conditions.
(G) This chapter shall not be construed to hold the city, its Zoning Administrator, City
Engineer, or any other city official responsible for any damage to persons or property by
reason of any inspection or reinspection authorized herein or the failure to so inspect or
reinspect or by reason of the issuance to a building permit as herein required.
(Prior Code, § 21-8-1)
(H) Any person in control of any premises who fails to correct a violation of this chapter
within 30 days after notice thereof by the City Manager or his or her designee shall be
liable to the city for a civil fine in the amount of $1,000 for each and every day beyond
such 30-day period for which the violation remains uncorrected. The City Attorney shall
collect the fines by complaint filed in the City Court pursuant to the procedures prescribed
in the city code.
(Prior Code, § 21-6-9)
(I) Violation of conditional use permits. Violations to the conditions of a conditional use
permit shall constitute a violation of this chapter and shall be subject to the regulations of
divisions (B) through (G) above.
(Prior Code, § 21-7-5)
Disclaimer:
This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by
the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These
documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the
posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances
should be consulted prior to any action being taken.
For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site,
please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.
© 2019 American Legal Publishing Corporation
techsupport@amlegal.com
1.800.445.5588.