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EXHIBIT A
PROPOSED ZONING CODE TEXT AMENDMENTS
CHAPTER 154: ZONING CODE
Below are the proposed zoning text amendments to §154.020, §154.036, §154.052,
§154.092, §154.100, §154.103, §154.104, §154.105, §154.106, and §154.156.
§ 154.020 DEFINITION OF TERMS.
(B) For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
DWELLING, MULTI-FAMILY. A single building, parcel, or lot containing three or more
dwelling units on an individual lot for occupancy by families living independently of each
other. Sometimes referred to as a “multiple-family dwelling.” Housing units may be side
by side or up and down. Within apartments, the building and land are under single
ownership, and dwelling units are rented or leased. Within a condominium, ownership
consists of the airspace within a unit and the building(s) and all land within the
development are under common ownership.
§ 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 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 and shall hold no
other municipal or county office, except that one member may serve on the Board of
Adjustment. The Mayor and Council may appoint up to two alternate members for the
Planning and Zoning Commission, who shall be non-voting members unless one or
more voting members are not present for a scheduled and agendized meeting, at which
time the Chair, or if not present the Vice-Chair, shall call up the number of alternate
members necessary to replace the absent members for discussion, deliberation and
voting on agenda items. Any applicant whose item is on an agenda for which one or
more alternate members is called to sit in on a meeting may request that his or her item
be continued to the next scheduled meeting of the board, committee or commission and
such request shall be granted by the Chair or Vice-Chair as the case may be.
(2) Within six months of a Planning and Zoning Commission rotation vacancy, the
City Clerk shall prepare and implement a recruitment campaign through posting the
availability in a local newspaper for one day of two consecutive weeks, publishing
notifications on all social media, digital boards, and the City Website, including flyers in
utility billings, and physically posting notifications at the County Library branch, Utility
Services Office, and the City Hall Exterior Bulletin Board. Each applicant shall be
required to fill out a Planning and Zoning Commissioner Application (either a hard copy
or on-line) and return it to the City Clerk no later than the noted deadline. The
applications will be reviewed by the Commissioner Review Board, followed by candidate
interviews, and the Commissioner Review Board will make recommendations for
approval to Council for filling rotation vacancies.
(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 four years, providing that the appointments first made under this
amended chapter shall be two for four years and three for two years, with the effective
date of appointment being July 1, 2022. Alternate members shall be appointed for four-
year terms. Members may be reappointed. All members shall hold office until their
successors are appointed. Any member of the Planning and Zoning Commission may
be removed 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 fiscal year and/or three special meetings or any
combination thereof resulting in the absence of three consecutive meetings in a fiscal
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 City Council shall appoint 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 findings, and determinations, which record shall be a public
record.
(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) Make and recommend decisions to the City Council regarding conditional uses
as provided for under this chapter;
(5) Determine and make decisions regarding temporary uses as provided under
this chapter;
(6) Make and recommend to the City Council for adoption a general plan to guide
the physical development of the city;
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Res. R22-06-15,
passed 6-21-2022; Ord. O22-06-04, passed 6-21-2022; Ord. O23-01-01, passed 1-18-
2023)
§ 154.052 PERMITTED USES BY ZONE.
The Table of Allowed Uses for All Zoning Districts lists land uses and indicates
whether they are permitted by right or with approval of a conditional use permit, or
prohibited in each zoning district. The use table also includes references to additional
use-specific standards that may be applicable to that use. The organization headings
and individual abbreviations utilized in the table are explained as follows:
(A) Use category. The “use categories” are an organizational tool that simply help to
organize the list of “specific use types” into common groupings for ease of reference.
(B) Specific use type. The “specific use types” are regulatory and function as the
basis for defining present and future land uses that are appropriate in each zoning
district. Rather than list every possible individual land use type, this list classifies
individual land uses and activities into specific use types based on common functional,
product or physical characteristics, such as the type and amount of activity, the type of
customers or residents, and how goods or services are sold or delivered and site
conditions. Further definitions of each specific use type can be found in
§ 154.020 Definitions.
(C) Permitted uses. “P” in a cell indicates that the use is allowed by right in that
zoning district.
(D) Conditional uses. “C” in a cell indicates that the use is allowed in the respective
zoning district only if reviewed and approved in accordance with the procedures of
§ 154.157, Conditional Use Permits.
(E) Not permitted. “--“ in a cell indicates that the use is not permitted/prohibited in
that zoning district.
(F) Use-specific standards. Section numbers listed in the “Supplemental Use
Regulations” column denote the location of additional regulations that are applicable to
the specific use type; however, provisions in other sections of this chapter may also
apply.
(G) Non-specified uses. When a use cannot be reasonably classified into a specific
use type, or appears to fit into multiple specific use types, the Zoning Administrator or
designee is authorized to determine the most similar and thus most appropriate specific
use type based on the actual or projected characteristics of the individual use or activity
(including but not limited to size, scale, operating characteristics and external impacts)
in relationship to the specific use type definitions provided in § 154.020. Appeal of the
Administrator’s decision may be made to the City Council following the procedures
under § 154.161.
Table Of Allowed Uses for All Zoning Districts 1
Use
Category
Specific Use Type
P = Permitted Use 2 C = Conditional Use -- = Not Permitted
Specific Use
Requirement
s (See
Section)
Natural Reserve Zone
Rural Area Zone
Suburban Neighborhood
Zone
Mobile Park Zone
Mixed Urban Zone
Urban Corridor Zone
Transit Development Zone
Commerce Park Zone
Employment/Industry
Zone
NR
RA
SN
MP MU
UC
TD
CP
EI
Accessory
Uses
Accessory Dwelling Unit
--
P
--
--
P
--
--
--
--
154.092(D)(1)
Watchman’s Quarters
--
--
--
P
P
P
P
P
P
Home Occupation
C
P
P
P
P
P
P
P
C
154.088
Cargo Containers
--
P
--
--
--
--
--
P
P
154.092(D)(4)
Public Art
C
P
P
C
P
P
P
P
C
Livestock
C
P
--
--
--
--
--
C
P
154.092(D)(3)
Stable
C
P
--
--
--
--
--
C
P
154.092
Table Of Allowed Uses for All Zoning Districts 1
Use
Category
Specific Use Type
P = Permitted Use 2 C = Conditional Use -- = Not Permitted
Specific Use
Requirement
s (See
Section)
Natural Reserve Zone
Rural Area Zone
Suburban Neighborhood
Zone
Mobile Park Zone
Mixed Urban Zone
Urban Corridor Zone
Transit Development Zone
Commerce Park Zone
Employment/Industry
Zone
NR
RA
SN
MP MU
UC
TD
CP
EI
Residential
Use
Category
Assisted Living Center
--
--
--
--
P
P
P
--
--
154.086
Child Care, Home
--
P
P
P
P
P
P
--
--
Dwelling, Duplex
--
--
P
--
P
P
P
--
--
Dwelling, Live/Work
--
--
--
--
P
P
P
--
--
Dwelling, Manufactured Home5
--
--
--
P
--
--
--
--
--
Dwelling, Modular Home
--
P
P
C
P
--
--
--
--
Dwelling, Mobile Home5
--
--
--
P
--
--
--
--
--
Dwelling, Multi-Family
C
--
C
--
C
C
P
--
--
Dwelling, Single-Family Attached
--
--
C
C
P
P
P
--
--
Dwelling, Single-Family Detached
--
P
P
C
P
--
--
--
--
Group Care Home
--
C
C
C
C
--
--
--
--
154.086
Nursing Home
--
--
--
--
P
P
P
--
--
Resident Care Home
--
P
P
C
P
--
--
--
--
154.086
Vacation Home Rentals
--
P
P
P
P
P
P
--
--
Public/
Quasi-Public
Use
Category
Airport/heliport
C
--
--
--
C
--
C
C
C
Assembly Hall/Auditorium/
Conference Center
C
--
--
C
C
P
P
P
P
Cemetery
C
C
--
--
C
C
C
C
C
College/University, Public or
Private
C
--
--
--
C
C
C
C
--
Community Playfields and Parks
C
P
P
P
P
P
P
P
C
Community Recreation Center
C
C
C
C
P
P
P
P
C
Funeral Home or Crematorium
C
--
--
--
P
P
P
P
C
Cultural Facility
C
--
--
C
C
C
P
P
C
Fraternal or Social Club,
Nonprofit
C
C
C
C
P
P
P
P
C
Government Offices and Civic
Buildings
C
--
C
--
P
P
P
P
P
Health Care / Medical Facility or
Clinic
C
--
--
C
P
P
P
P
C
Hospital
C
--
--
--
C
C
C
C
C
Instructional Services or Trade
School
C
--
--
--
C
C
C
P
P
Library
C
--
--
C
P
P
P
P
C
Table Of Allowed Uses for All Zoning Districts 1
Use
Category
Specific Use Type
P = Permitted Use 2 C = Conditional Use -- = Not Permitted
Specific Use
Requirement
s (See
Section)
Natural Reserve Zone
Rural Area Zone
Suburban Neighborhood
Zone
Mobile Park Zone
Mixed Urban Zone
Urban Corridor Zone
Transit Development Zone
Commerce Park Zone
Employment/Industry
Zone
NR
RA
SN
MP MU
UC
TD
CP
EI
Public Safety Facility
P
P
P
P
P
P
P
P
P
Religious Assembly
C
P
P
P
P
P
P
P
P
School, Public or Private, K-8
--
P
P
P
P
P
P
P
C
School, Public or Private, 9-12
--
P
P
P
P
P
P
P
C
Solar Generation Facility
C
C
C
C
C
C
C
C
C
Transportation Terminal
C
--
--
C
C
C
P
P
C
Utility Facility, Minor
C
C
C
C
C
C
C
C
P
Utility Facility and Service Yard,
Major
C
C
C
C
C
C
C
C
P
Wireless Facility (Including Tower
and Supporting Facilities)
C
C
C
C
C
C
C
C
C
154.091
Agriculture
Use
Category
Agriculture, General
P
P
C
C
C
C
C
P
P
Community Garden
--
C
C
C
C
C
C
--
--
Ranching, Commercial
--
--
--
--
--
--
--
--
C
Commercial
/ Business
Use
Category
Adult Entertainment Business
C
--
--
--
--
--
C
C
C
154.085
Alcoholic Beverages, Retail Sales
--
--
--
--
P
P
P
P
P
Animal Kennel / Shelter
C
--
--
--
C
C
C
P
P
Animal, Hospital / Veterinarian
Clinic
--
--
--
--
C
C
C
P
P
Art Gallery / Studio
C
--
--
C
P
P
P
P
C
Automobile / Boat / RV, Repair
Major
C
--
--
--
--
C
C
C
P
Automobile / Boat / RV, Repair
Minor
--
--
--
--
C
C
C
P
P
Automobile / Boat / RV, Sales
and Leasing
C
--
--
--
C
C
C
P
P
Bar, Lounge, or Tavern
--
--
--
--
C
C
C
C
C
Business Services
--
--
--
--
P
P
P
P
P
Car Wash4
--
--
--
--
--
C
C
P
P
Coffee Shop/Café4
--
--
C
--
P
P
P
P
P
Commercial Entertainment,
Indoor
C
--
--
--
P
P
P
P
P
Commercial Entertainment,
Outdoor
--
--
--
--
C
C
C
P
P
Table Of Allowed Uses for All Zoning Districts 1
Use
Category
Specific Use Type
P = Permitted Use 2 C = Conditional Use -- = Not Permitted
Specific Use
Requirement
s (See
Section)
Natural Reserve Zone
Rural Area Zone
Suburban Neighborhood
Zone
Mobile Park Zone
Mixed Urban Zone
Urban Corridor Zone
Transit Development Zone
Commerce Park Zone
Employment/Industry
Zone
NR
RA
SN
MP MU
UC
TD
CP
EI
Convenience Store4
--
--
--
--
P
P
P
P
P
Child Care, Center
--
--
C
C
P
P
P
C
C
Drive-through Facility
C
--
--
--
C
P
P
P
P
154.087
Feed Store3
--
C
--
--
C
C
--
P
P
Flex Commercial
--
--
--
--
P
P
P
P
--
Financial Institution4
--
--
--
--
P
P
P
P
--
Fitness And Sports Center
C
--
--
--
P
P
P
P
P
Fueling Station4
C
--
--
--
C
C
C
P
P
General Personal Services4
--
--
--
--
P
P
P
P
--
General Recreation, Indoor
--
--
--
--
P
P
P
P
P
General Recreation, Outdoor
C
--
--
--
--
--
C
C
P
Golf Course
C
--
C
C
C
C
C
C
C
Bed and Breakfast (≤6 units)
C
C
--
--
P
P
P
P
--
Hotel/Motel (13+ units)
C
--
--
--
--
P
P
P
--
Inn (6-12 units)
C
--
--
--
P
P
P
P
--
Marijuana Cultivation Site
C
--
--
C
C
C
C
C
C
154.089
Marijuana Establishment
C
--
--
C
P
P
P
P
P
154.089
Marijuana Testing Facility
C
--
--
C
C
C
C
C
C
154.089
Nonprofit Medical Marijuana
Dispensary
C
--
--
C
P
P
P
P
P
154.089
Microbrewery, Craft Distillery or
Tasting Room
--
--
--
--
C
C
C
P
P
Movie Theater
--
--
--
--
P
P
P
P
C
Nightclub
--
--
--
--
C
C
C
C
C
Nursery, Commercial
--
--
--
--
--
C
C
C
P
Office, Business or Professional
--
--
--
C
P
P
P
P
P
Self-Storage, Indoor
--
--
--
--
--
C
C
C
P
Non-Chartered Financial
Institution (Check Cashing)
--
--
--
--
--
C
C
C
C
154.090
Mobile Vendor
C
--
--
C
C
C
C
C
C
Parking Lot and Parking Structure
C
--
--
C
P
P
P
P
P
Table Of Allowed Uses for All Zoning Districts 1
Use
Category
Specific Use Type
P = Permitted Use 2 C = Conditional Use -- = Not Permitted
Specific Use
Requirement
s (See
Section)
Natural Reserve Zone
Rural Area Zone
Suburban Neighborhood
Zone
Mobile Park Zone
Mixed Urban Zone
Urban Corridor Zone
Transit Development Zone
Commerce Park Zone
Employment/Industry
Zone
NR
RA
SN
MP MU
UC
TD
CP
EI
Restaurant4
C
--
--
C
P
P
P
P
C
Retail, General4
C
--
--
C
P
P
P
P
C
Retail, Large
C
--
--
--
C
P
P
P
C
Retail, Smoke/Vape Shop
--
--
--
--
--
C
C
C
C
Retail, Pawn Shop
--
--
--
--
--
C
C
C
C
154.090
Shopping Center
C
--
--
--
P
P
P
P
C
Tattoo Parlor and Piercing Salon
--
--
--
--
C
P
P
C
C
154.090
Travel Plaza/Truck Stop
--
--
--
--
--
--
--
C
P
Industrial
Use
Category
Assembly, Light
--
--
--
--
--
--
P
P
P
Auctions, Indoor
--
--
--
--
--
--
--
P
P
Auto Wrecking and Salvage Yard
--
--
--
--
--
--
--
--
C
Building Materials Sales
--
--
--
--
--
--
--
C
P
Data Center
--
--
--
--
--
--
--
C
C
Distribution Yard, Outdoor
--
--
--
--
--
--
C
C
P
Distribution/ Warehousing
Center, Indoor
C
--
--
--
--
C
C
C
P
Heavy Equipment Sales and
Rental
--
--
--
--
--
--
--
C
P
Manufacturing, Light
C
--
--
--
C
C
C
P
P
Manufacturing, Heavy
C
--
--
--
--
--
--
--
P
Outdoor Storage
--
--
--
--
--
C
C
C
P
Oil and gas refinery
--
--
--
--
--
--
--
--
C
Research Laboratory
C
--
--
--
--
--
C
C
P
Resource Extraction
C
--
--
--
--
--
--
--
C
Waste Facility
--
--
--
--
--
--
--
--
C
Wholesale Establishment
--
--
--
--
--
--
--
P
P
1. All uses are subject to Military Airport Overlay Zones per ARS 28-8481
2. City facilities are permitted in any district and are exempt from the site plan approval process.
3. Limited to arterial street frontage only.
4. Drive-throughs may be permitted subject to the requirements set forth under the Drive-through use type as
defined and regulated herein.
5. Only pre-existing, in-place mobile homes shall be allowed for residential or non-residential use on an existing lot
or within an existing mobile home park, subject to all applicable A.R.S. Relocating a pre-existing mobile home from
its current location, lot, or mobile home park shall be prohibited.
6. Modular Dwellings may be used as a multi-family construction option.
1. All uses are subject to Military Airport Overlay Zones per A.R.S. § 28-8481.
2. City facilities are permitted in any district and exempt from the site plan approval
process.
3. Limited to arterial street frontage only.
4. Drive-throughs may be permitted subject to the requirements set forth under the
drive-through use type as defined and regulated herein.
5. Only pre-existing, in place mobile homes shall be allowed for residential or non-
residential use on an existing lot or within an existing mobile home park, subject to all
applicable A.R.S. The relocation of a pre-existing mobile home from its current location,
lot or mobile home park shall be prohibited.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Ord. O25-05-02,
passed 6-3- 2025; Ord. O25-06-03, passed 6-3-2025)
§ 154.092 ACCESSORY BUILDINGS, STRUCTURES AND USES.
All accessory buildings, structures and uses are subject to the following regulations,
unless otherwise permitted or restricted by specific regulations of this section and this
chapter.
(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 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 feet if fire rated and five feet if not fire rated, excluding property line fences and
walls, from every side and rear property line, with the following exemption or as
otherwise stated within this chapter or applicable building or fire code:
(a) The setback shall be the same as required for the principal building in the
Rural Area zoning district whenever the accessory building or structure exceeds seven
feet in height.
(5) No detached accessory building (e.g. freestanding garage, workshop, stable,
pool house, and the like) shall be located within six feet if fire rated and ten feet if not
fire rated of the site’s principal building.
(6) Accessory structures (e.g., deck, trellis, sunshade, and the like) 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 § 154.098.
(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% 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% 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.
(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 § 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 § 154.092(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% 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.
(2) Swimming pools; private or semi-private. All private or semi-private swimming
pools shall meet the following standards.
(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.
(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.
(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.
(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.
1. The keeping of livestock shall be permitted as specified in the accessory use
category of § 154.052, except all swine shall be prohibited.
2. 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.
3. 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 15
feet in height or less shall be set back a minimum of five feet from the rear and side
property lines and livestock shelters over 15 feet in height shall adhere to the setback
regulations of the principal building, except no livestock shelter shall be placed within 50
feet of any residence, other than that of the residence owning the livestock.
4. Stables, coops, hives, aviaries, and other shelters used for the keeping of
livestock shall not exceed the height regulations of the applicable zoning district.
5. 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.
6. 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.
7. It shall be unlawful to keep livestock in a manner that constitutes a nuisance
as specified under the city code.
(4) Cargo containers.
(a) Permitted locations. Cargo containers are permitted as an accessory
structure as identified in § 154.052 subject to the following:
1. Cargo containers may not be placed, stored or used on property dedicated
to principal uses listed in the residential use category of § 154.052, except as provided
in division (D)(4)(c) of this section.
2. Cargo containers may be placed, stored or used for temporary or permanent
storage on property dedicated to principal uses listed in the agriculture use category,
public/quasi-public use category, commercial/business use category, and industrial use
category of § 154.052, provided the use has obtained a temporary use (for temporary
use) or building permit (for permanent use) from the Zoning Administrator, and provided
the placement, condition and use of the cargo container complies with the provisions of
divisions (D)(4)(b) and (c) below.
(b) Standards and regulations.
1. Cargo containers shall not be stacked on one another, unless a conditional
use permit is obtained.
2. Cargo containers shall not be used for living quarters and may be provided
with the same provisions as buildings..
3. Cargo containers used for permanent storage must be placed on an asphalt
or concrete surface and secured thereto.
4. Cargo containers used for permanent or temporary storage must be placed
to the rear of the principal building and may not be placed within any required setback,
designated landscape area, flood retention or detention areas or required parking 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) Exemptions.
1. Cargo containers used as a form of construction material for a principal
building shall be regulated as any other site-built building and be subject to the
requirements of all city ordinances and building codes.
2. 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.
3. Containers used during moving may be placed on residential zoned property
for a maximum of 14 days.
4. 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).
(d) 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.
(e) 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.
(5) Outdoor display and sales. Outdoor display and/or sale of merchandise may be
allowed as an accessory use for all commercial, mixed-use and industrial uses,
provided that the display meets the following guidelines and regulations:
(a) Outdoor display and/or sale area shall be clearly defined on a site plan and
approved by the Zoning Administrator and may be subject to appropriate conditions by
the Administrator to ensure compliance with the provisions of this subsection.
Exceptions: A permanent outdoor retail display area which is an integral part of a
business, including but not limited to, garden centers and auto dealership display lots
shall obtain site plan approval with all applicable development/improvements.
(b) Shall be a fixed location that does not disrupt the normal function of the site
or its circulation, and does not encroach upon required driveways, landscaped areas,
parking lots, sidewalks, loading zones, or fire lanes. Displays shall not obstruct any
entrance to a building or traffic safety sight areas or otherwise create hazards for
pedestrian or vehicle traffic.
(c) Display/sale of goods shall not be in any public right-of-way.
(d) Shall directly relate to a business occupying a permanent structure on the
same site, and shall display only goods of the primary business on the same site,
unless associated with a non-profit organization.
(e) Shall be limited to the hours of operation of the business and portable and
removed from public view at the close of each business day, unless otherwise permitted
through the site plan or development review process.
(f) No merchandise shall be affixed to the exterior of a building or displayed so as
to impede or interfere with the reasonable use of the store front windows for display
purposes.
(g) Shall be managed so that display structures and goods are maintained at all
times in a clean and neat condition, and in good repair.
(h) All signage shall adhere to the sign regulations of this chapter.
(6) Alternative energy systems.
(a) Alternative energy systems, other than utility-scale (major) electrical
generating facilities, may be administratively approved as an accessory use within any
zoning district, subject to approval of a building permit and meeting any applicable
federal, state, county or city regulations.
(b) Alternative energy systems may be located on a parcel in a manner
consistent with any development standard (i.e. setback, height, lot coverage) or
accessory structure regulation (i.e. location standards) in the respective zoning district
in which the parcel is located.
(c) As part of the building permit review process, the Building Official may require
that design plans and an engineering report (e.g. mechanical/electrical/structural),
prepared and certified by an Arizona Licensed Professional Engineer, be included as a
part of the building permit submittal.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.100 FENCES AND WALLS.
(A) Permit required. No persons, firm, or corporation, except permitted agriculture
uses, shall hereafter construct, or cause to be constructed or erected within the city any
fence, wall, or gate without first making an application for and securing a building
permit. Temporary fences and barricades around temporary events, construction sites
or the like shall require a temporary use 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) Every fence or wall shall be constructed in a substantial, workmanlike manner
and of substantial material reasonably suited for the purpose for which the fence or wall
is proposed to be used. Every fence or wall 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 or wall which is, or has become, dangerous to the public safety, health, or
welfare, shall be subject to the penalties and enforcement provisions of this code.
(2) Chain link or wire fences, wherever permitted, shall be constructed in such a
manner that no barbed ends shall be at the top, except in the Employment/Industry
Zone and shall be constructed of at least 11-gauge wire or its comparable.
(3) Electrical, barbed wire, concertina wire or similar security wire fences shall be
prohibited, except in the Employment/Industry Zone and public/private utility or
government facilities with approval by the Zoning Administrator based on security
needs. Security wire fences may not be installed adjacent to any residential or
commercial uses, or along arterial or collector streets unless located outside of required
setbacks or buffers.
(4) 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) For all uses within the residential use category, 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;
(b) No fence or wall over four feet in height shall be allowed in any residential
front yard setback, 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) On a corner lot contiguous to a key lot, fences and walls cannot exceed three
feet in height on the rear lot line extending ten feet from the back of curb or paved street
edge. They also cannot exceed three feet in height on the lot line along the street,
extending ten feet from the rear lot line; 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 and walls. Fences and walls for all uses in
public/quasi-public, commercial/business, and industrial use categories shall not exceed
ten feet in height.
(F) Special purpose fences. Fences or walls for special purposes and fences or walls
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 or wall is necessary to protect, buffer, or improve the
premises for which the fence or wall is intended and will not detrimentally effect
adjacent property.
(G) Finished side toward adjacent property. Any wall 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 wall is
exposed to the adjacent property or right of way.
(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 an
area completely enclosed and screened from view, except for access points, by a wall
at least six feet in height.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.103 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 a more efficient design can be accomplished without jeopardizing the public’s
health, safety, and welfare. All changes are subject to approval by the Development
Services Director. All drive accesses shall be approved by the City Engineer for width
and location.
(2) Any 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 Engineering Division request for Design Exception form and reference the
deviations in the traffic impact statement or analysis
(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. Residential drive accesses shall be not less than 12
feet in width.
(C) Minimum corner clearance. 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 Design Exception and traffic
statement or analysis as described in division (A) above.
Street
Classification
Minimum Required Corner Clearance1
Approaching Intersection
Departing Intersection
Parkway
550 feet
350 feet2
Arterial
450 feet
260 feet2
Collector
350 feet
150 feet2
1. Minimum distance from nearest curb face of intersecting street to nearest curb
face of driveway. Use edge of pavement if no curb exists.
2. When right-turn deceleration lanes are required, the minimum corner clearance
departing an intersection on a parkway, arterial, or collector street is at least 260 feet to
accommodate the right-turn lane. Additional distance may be required depending on
right turn lane storage length.
(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 Development Service Director.
Street Classification
Required Minimum Spacing
Parkway
350 feet1
Arterial
250 feet1
Collector
150 feet1
1. Spacing shall be increased from the minimum required to accommodate a required
right-turn deceleration lane or to provide sufficient spacing for back-to-back left-turn
lanes.
(E) Number of drive accesses. Single-family uses shall be limited to one drive
access per property. All other uses shall adhere to City Detail EM-259. These conditions
shall apply unless otherwise granted approval by the Development Service Director.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.104 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.
(1) Off-street parking facilities accessory to residential use shall be utilized solely
for the parking of licensed and operable passenger vehicles and up to one commercial
vehicle not to exceed a gross vehicle weight capacity of 14,000 pounds; and
recreational vehicles and equipment. Under no circumstances shall parking facilities
accessory to a residential use be used for storage of commercial vehicles or equipment
or for the parking of vehicles belonging to the employees, owners, tenants, or
customers of business or manufacturing establishments.
(2) Motor homes, recreational vehicles, or utility trailers and equipment shall be
located in a garage, carport, side yard, rear yard, or behind the front plane of the home,
provided:
(a) No living quarters shall be maintained, or any business practiced in the motor
home or recreational vehicle while the motor home or recreational vehicle is so parked
or stored; except granted for occupying the recreational vehicle, under procedures
established in § 154.159.
(b) 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).
(c) Such apparatuses shall be parked or stored on a dust free surface.
(d) Such apparatuses greater than 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.
(3) All parking located on the street side of any approved screen wall, fence, or
gate shall be on a dust-free surface. Parking surfaces shall be maintained and kept free
from weeds, grass, or other vegetative growth.
(4) Parking in landscaped areas shall be prohibited.
(5) Parked vehicles shall not overhang into or obstruct any portion of a public right-
of-way.
(6) Except where otherwise permitted by the Zoning Code, any vehicle undergoing
repair must be titled to the owner or occupant of the property.
(7) Parking 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.
(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) 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 14,000 pounds or more is limited to two 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 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.
(D) Stall, aisle, and driveway design.
(1) Parking dimensions. See City Detail EM-157 for minimum parking space
dimensions.
(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) Surfacing. All areas intended to be utilized for parking space and drive aisles
shall be paved with dust-free materials suitable to control 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.
(7) 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. Striping in areas that are not asphalt or concrete shall be delineated in a manner
that is acceptable to the city.
(8) 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. A photometric plan
showing the footcandles of onsite lighting to all adjacent property lines and to the
centerline of all adjacent streets shall be submitted to the city for review.
(9) 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.
(10) 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 MAG type concrete curb around the entire parking lot built according to
standards provided by the City Engineer. Furthermore, the curb shall be no closer than
three feet to property lines. Overhang, the length of a vehicle that extends beyond the
curb or edge of the parking space, may not be counted towards the length of the space.
Any curb designed to carry stormwater shall include a gutter. However, the city
encourages shared access between parcels which may eliminate the need for curbing
around the entire perimeter of a parcel. The Development Services Department will
determine whether more parcels sharing parking and/or driveway accesses during the
design review process.
(11) 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.
(12) 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.
(E) 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.
(F) 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.
(G) 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.
TABLE P - MINIMUM PARKING SPACES REQUIRED
Use Category
Specific Use Type
Minimum Vehicle Spaces Required
TABLE P - MINIMUM PARKING SPACES REQUIRED
Use Category
Specific Use Type
Minimum Vehicle Spaces
Required
Residential Use
Category
Dwelling:
Single-Family Detached /
Attached;
Live/Work;
Duplex;
Manufactured Home
2 spaces per dwelling unit (if on-
street parking is not available,
then 0.25 visitor parking space per
unit shall be required)
Dwelling:
Multi-Family
Studio and 1 bedroom units + 1.5
space per unit
2 bedroom units + 1.5 spaces per
unit
3 or more bedroom units + 2
spaces per unit
Manufactured Home Park
2 spaces per dwelling unit + 1
space for every 8 dwelling
units/lots for guests
Recreational Vehicle Park
1 space per RV space + 1 space
for every 8 RV spaces for guests
Assisted Living Center
0.5 space per residential
room/unit + 1 space for every 4
rooms/units for guests and
employees
Assisted Living Home; Child
Care Home; Group Care
Home; Resident Care Home
Same as Single-Family
Nursing Home
1 space per 4 beds (based on
maximum capacity)
Public and
Semi-Public
Use Category
Airport/Heliport
1 space per 500 SF GFA; 2
spaces per helipad
Assembly Hall / Auditorium;
Conference Center;
Community Recreation
Center; Fraternal or Social
Club
1 space per 4 fixed seats or 1
space per 300 SF GFA where fix
seating is not provided
Cemetery
Minimum 5% of the gross area
shall be made available for
parking
Child Care Center
1 space per 400 SF GFA
College or University
1 space per 3 employees plus 1
space per 5 students predicated
on the designed capacity of the
building(s).
Dormitories, Fraternity /
Sorority Houses:
1 space per dwelling unit and 1
space for each guest room.
Community Playfields and
Parks
1 space per 2,500 square feet of
activity area (Where tournaments
or similar contests are expected,
additional open areas suitable for
parking/loading may be required)
Cultural Facility
1 space per 200 SF GFA
Funeral Home or
Crematorium
1 space per 4 fixed seats or 1
space per 300 SF GFA where fix
seating is not provided
Government Office and Civic
Buildings; Library; Public
Safety Facility
1 space per 300 SF GFA
Health Care / Medical Facility
or Clinic
1 space per 350 SF GFA
Hospital
1 spaces per 2 inpatient beds + 1
per employee on a normal shift
Instructional Services or
Trade Schools
1 space per 200 SF GFA
Public Safety Facility
1 space per employee + 1 space
per fleet vehicle + 1 space per
350 SF of usable office per
meeting space
Religious Assembly
1 space per 4 fixed seats or 1
space per 300 SF GFA where fix
seating is not provided
School, Public or Private, K-8
1 space per classroom + 1 space
for each 200 SF of indoor
assembly area
School, Public or Private, 9-
12
1 space per 200 SF of classroom
and office area
Solar Generation Facility
1 space per employee
Transportation Terminal
6 spaces per 1,000 SF of waiting
area
Utility Facility and Service
Yard
1 space per employee + 1 space
per fleet vehicle if present at site
Wireless Facility (Including
Tower and Supporting
Facilities)
1 space
Agriculture Use
Categories
Agriculture, General
None
Community Garden
None
Ranching, Commercial
None
Commercial
Use Categories
Adult Entertainment Business
1 space per 200 SF GFA
Animal Kennel / Shelter,
Hospital and Veterinarian
Clinic
1 space per 400 SF GFA
Art Gallery / Studio
1 space per 300 SF GFA
Commercial Entertainment,
Indoor
1 space per 4 fixed seats or 1
space per 300 SF GFA, whichever
is greater
Movie Theater
1 space per 3 seats
Commercial Entertainment,
Outdoor
1 space per 3 persons based on
occupancy, plus 1 space per
employee on major shift (Where
tournaments or similar contests
are expected, additional open
areas suitable for parking/loading
may be required)
General Recreation, Indoor
1 space per 200 SF GFA
Fitness and Sports Center
1 space per 200 SF GFA
Golf course
5 spaces per hole + required
spaces for ancillary uses
Golf driving range
2 spaces per tee + required
spaces for ancillary uses
General Recreation, Outdoor
5 spaces per acre of facility + 1
space per 4 persons of total
maximum capacity of facility
Child Care, Center
1 space per staff member, plus 1
space per 15 clients of licensed
capacity
Personal Services
1 space per 300 SF GFA
Business Services
1 space per 250 SF GFA
Financial Institution
1 space per 250 SF GFA
Office, Business or
Professional
1 space per 300 SF GFA
Non-Chartered Financial
Institution (Check Cashing)
1 space per 250 SF GFA
Bar, Lounge, or Tavern
1 space per 75 SF patron space +
1 space per 200 SF of outdoor
seating area
Coffee Shop / Café
1 space per 75 SF patron space +
1 space per 400 SF of outdoor
seating area
Microbrewery, Craft Distillery
or Tasting Room
One space per 150 SF patron
space
Nightclub
1 space per 75 SF patron space +
1 space per 200 SF of outdoor
area
Restaurant, Full Service
1 space per 50 SF patron space +
1 space per 400 SF of outdoor
seating area
Restaurant, Limited Service
1 space per 75 SF patron space +
1 space per 400 SF of outdoor
seating area
Medical Marijuana Cultivation
1 space per 1,000 SF of
warehouse area + 1 space per
350 SF of office area
Medical Marijuana
Dispensary
1 space per 300 SF GFA
Medical Marijuana
Manufacturing Facility
1 space per 500 SF of warehouse
area + 1 space per 350 SF of
office area
General Personal Services
Tattoo Parlor and Piercing
Salon
1 space per 300 SF GFA
Retail, General
Alcoholic Beverages
Convenience Store
1 space per 300 SF GFA
Flex Commercial
Smoke / Vape Shop
Pawn Shop
Retail, Large
1 space per 300 SF GFA
Nursery, commercial Feed
Store
1 space per 400 SF of sales and
display area
Outdoor Vending
1 space per employee + principal
use
Farmers market
Flea Market
1 space per 500 SF of designated
vendor area
Self-Storage, Indoor
1 space per 50 units or 1 space
per 5,000 SF of storage area,
whichever is greater
Automobile / Boat / RV Sales
and Leasing; Rentals
1 space per 400 SF of sales and
service buildings + 1 space per
10,000 SF of outdoor display area
Automobile / Boat / RV,
Repair
3 spaces per service bay + 1
space per 350 SF of additional
retail sales and service area
(service bay shall not be counted
as a parking space)
Car Wash
1 space per 200 SF of sales,
office and lounge area
Car Wash, Self-Serve
0.5 spaces per bay + Stacking
Fueling Station
Space at pump + 1 space per
fueling position
Service Station with
Convenience Store
Space at pump + 1 space per
fueling position + 1 space per 300
SF GFA
Hotel / Motel (13+ units)
1 space per guest room + 1 space
per 4 persons of total maximum
capacity of banquet room (if
present) + 2 spaces per 3
employees
Bed and Breakfast
1 space per guest room plus 2
spaces for resident manager
Inn
1 space per guest room plus 4
spaces for guests and employees
Industrial Use
Categories
Building Materials; Wholesale
1 space per 500 SF of sales
related area + 1 space per 350 SF
of office area
Distribution Warehouse/Yard
1 space per 2,000 SF of
warehouse and/or 5,000 SF of
yard related area + 1 space per
350 SF of office area
Assembly / Manufacturing:
Light
1 space per 500 SF of warehouse
area + 1 space per 350 SF of
office area
Heavy
1 space per 1,000 SF of
warehouse area + 1 space per
350 SF of office area
Auto Wrecking and Salvage
Yard
See § 154.104(G)(2)
Data Center
1 space per employee on major
shift (minimum 1 space if no
employee)
Heavy Equipment Sales and
Rental
1 space per 400 SF of rental and
sales buildings + 1 space per
10,000 SF of outdoor display area
Research Laboratory
1 space per 350 SF GFA
Resource Extraction
See § 154.104(G)(2)
Outdoor Storage
Minimum 4 spaces + 1 space per
employee
Oil and Gas Refinery
See § 154.104(G)(2)
Waste, Salvage and
Recycling Facility
See § 154.104(G)(2)
(1) Multiple uses. Unless otherwise specified, lots containing more than one use
shall provide parking and loading in an amount equal to the total of the requirements for
all activities.
(2) Uses Not Listed. It is recognized that specifying a single parking requirement
for some uses listed in Table P is not reasonably feasible due to the far-reaching
variation in use characteristics that can exist within that specific use type. For those
uses listed in Table P that do not have a specific parking requirement identified, the
Development Services Department shall determine a parking requirement based upon
the requirements for the most similar comparable use, the particular characteristics of
the proposed use, and any other relevant data regarding parking demand. In order to
make this determination, the Development Services Department may require the
applicant to submit a parking demand study or other information, at the applicant’s cost.
The parking demand study may include, but is not limited to, estimates of parking
demand based on the most current recommendations of the Institute of Transportation
Engineers (ITE), or other acceptable sources as approved by the Development Services
Department, and should include other reliable data collected from uses or combinations
of uses that are the same as or comparable with the proposed use.
(3) Unspecified uses. Where buildings are constructed without uses specified (i.e.
shell buildings), the use with the highest parking requirement among all uses specified
for the zoning district where the site is located shall be used to calculate off-street
parking requirements.
(4) Parking waiver. A parking demand study may be prepared and submitted, at
the applicant’s cost, to request a modification to parking requirements if it is believed
that a particular use will not require the number of spaces required by Table P. The
parking demand study may include, but is not limited to, estimates of parking demand
based on the most current recommendations of the Institute of Transportation
Engineers (ITE), or other acceptable sources as approved by the Development Services
Department, and should include other reliable data collected from uses or combinations
of uses that are the same as or comparable with the proposed use. The study should
also take into account peak operating hours and both on-street and off-street parking
conditions to accurately demonstrate parking demand and supply.
(5) TROD. For any change of use within the TROD Zoning District that may require
an increase to available off-street parking that cannot be accommodated on-site, the
Development Services Department may accept a traffic management plan, prepared by
the applicant at their expense, which contains information on the strategies, designated
parking areas, peak operating hours, and information indicating the applicant’s ability to
provide and enforce these elements over time. The Development Services Department
may impose conditions that are needed to ensure the long-term compliance to the plan,
including but not limited to a reserve parking area, phasing, or contributions to other
alternative means of transportation or parking accommodations.
(H) Alternative parking provisions. Where conditions preclude the provision of the
number of off-street parking spaces required by Table P, the following alternative
parking provisions may be available, subject to City approval:
(1) Compact spaces. Up to 30% of the total number of required parking spaces for
non-residential uses may be designated as compact spaces. Compact spaces shall be
a minimum of 8 feet wide by 16 feet long and shall be clearly marked in the field by a
method acceptable to the Development Services Department. ADA parking spaces may
not be compact
(2) Electric vehicle charging spaces. Electric vehicle parking spaces may be
counted to satisfy the minimum off-street parking requirements. The parking space
credit shall be determined at the time of site plan approval based on the type of
charging facility provided.
(3) Tandem parking. TANDEM PARKING shall mean a space where one vehicle
parks behind another, so that one vehicle must be moved before the other can be
accessed. Americans with Disabilities Act (ADA) parking spaces shall not be used for
tandem parking spaces. Tandem parking shall be limited to a maximum of two cars in
depth and no less than nine feet wide and 40 feet long. Tandem parking stalls are only
allowed for:
(a) Residential uses. Tandem parking spaces shall be allowed for single-family,
detached and attached residential with spaces and access paved in accordance with
the City of El Mirage Engineering Standards.
(b) Multifamily residential uses. Tandem parking spaces shall be allowed for
multifamily residential uses, subject to the following conditions.
1. The tandem spaces shall be reserved for and assigned to dwelling units
which are required to have two or more parking spaces.
2. Tandem spaces shall not be used for guest parking.
(c) Nonresidential uses. Tandem parking spaces shall not be allowed for new
non-residential construction.
(4) Joint use.
(a) Up to 80% of the parking facilities required by this subsection for a religious
assembly 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.
(b) 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.
(c) Conditions required for joint use.
1. 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.
2. 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.
3. 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.
(5) Off-site parking.
(a) 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.
(b) Off-site parking shall be developed and maintained in compliance with all
requirements and standards of this chapter.
(c) Reasonable access from off-site parking facilities to the use being served
shall be provided.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.105 OFF-STREET LOADING BERTH REQUIREMENTS.
(A) Affected uses.
(1) Whenever the operation of any use requires that goods, merchandise, or
equipment be delivered to or shipped from that use, such as grocery stores, furniture or
appliance stores, plant nurseries, retail uses, hospitals, educational uses, and
manufacturing and processing centers, off-street material loading and unloading areas
shall be provided in accordance with the following table of minimum requirements. The
required material loading spaces shall not be part of the spaces used to satisfy the off-
street parking requirements.
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 240,000 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 least 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, dust-free 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) A photometric plan will be required if the loading area is illuminated, lighting
shall be deflected away from abutting residential sites so as to cause no excess 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.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.106 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 0.1 foot candles (meter reading) as measured from
the property. A photometric plan will be required to display this information.
(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 Development Services Director.
(F) Smoke, dust, and other particulate matter. The emission of smoke, dust, and
other particulate matter shall be in compliance with the Maricopa County Air Quality
Department.
(G) 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 city supplements and Maricopa County regulations,
and shall be stored underground, except in the EI district when approved by the Fire
Chief.
(H) 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.
(I) Odors. The emission of odors by any use shall be in compliance with city
standards and regulations.
(J) 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.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.156 PROCEDURE FOR SITE PLAN APPROVAL.
(A) Applicability. Site plan approval is required before any development activities on
property located in zoning districts that mandate site plan review, as specified in this
ordinance. Except for individual single-family detached units and city-owned facilities, all
site plan approvals shall be subject to this chapter.
(B) Approval Authority. Unless otherwise expressly provided in this ordinance or as
required by the City Council as a condition in a zoning amendment, the senior planner
has the authority to approve, approve conditionally, or deny any application for a site
plan or an amended site plan. Violating any conditions set by the senior planner will be
considered a violation of this ordinance and will make any permit invalid and void.
(C) Purpose. The site plan review process promotes the health, safety, and welfare of
the city's residents and the general public by encouraging safe, functional, attractive,
harmonious, and compatible development within the city. It ensures that structures,
utilities, streets, parking, circulation systems, yards, and open spaces are developed in
accordance with the goals and objectives of the city’s general plan, as well as the
requirements of this ordinance, the City of El Mirage Zoning Ordinances, The
Engineering Design And Development Standards, and any other applicable federal,
state, or local laws, ordinances, codes, rules, regulations, policies, and guidelines.
(D) Application of these procedures.
(1) For those rezoning requests that may not comply with the city's 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.
(E) Application Process. Site plan applications will be processed and reviewed in
accordance with the procedures generally described herein and more particularly
described in the zoning code and engineering design and development standards.
(1) Applications for a site plan shall be filed with the development services
department on form(s) provided by the department and shall include all of the
information identified in the: application form(s), in the section of the zoning code related
to site plans; in the Engineering Design And Development Standards, and any other
data that may be required by the senior planner which is needed to insure compliance
with applicable requirements. In all cases, the application shall contain the following:
(2) 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 the site.
(3) 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.
(4) 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.
(F) Approved Site Plan. Following the tentative approval of the site plan, the applicant
shall prepare and submit a final site plan to the senior planner that conforms with the
tentative approved site plan and any conditions or terms of approval. Once the Senior
Planner determines that the final site plan conforms to the tentative approved site plan
and all approval conditions, the Senior Planner shall certify the final site plan. The
certified final site plan will then be included in the application for building permits for the
site. Development activities shall substantially conform to the final site plan and any
conditions or restrictions attached thereto, and any substantial deviation from the
approved final site plan and any conditions or restrictions attached thereto is a violation
of this ordinance.
(G) An approved final site plan shall expire one (1) year from the date of approval
unless either a building permit for the development reflected in the final site plan has
been obtained or an extension has been obtained prior to the expiration date. A single
one (1) year extension may be granted if the applicant demonstrates that circumstances
beyond the owner’s control prevented the owner from obtaining a building permit and/or
commencing construction within one (1) year of the date the final site plan was
approved and that no changes in city codes or ordinances (including changes in this
ordinance and the engineering design and development standards) that would have
significantly altered the requirements for the prior final site plan approval. Requests for
extensions hereunder shall be approved by the authority that approved the final site
plan for which the extension is being sought. Upon expiration of the final site plan or any
extension thereto, the property owner will be required to file a new application for site
plan approval before undertaking any development activities on the site.
(H) Amendments to approved Final Site Plans.
(1) Any amendment or modification to an approved final site plan shall be submitted
for approval. All amendments shall be shown on a revised site plan drawing.
(2) Amendments to final site plans shall be resubmitted and shall be subject to
divisions (E) above.
(I) Appeal Procedure.
(1) An applicant may appeal the senior planner's decision on any site plan
application to the city council. The appeal shall be filed with the required documents and
any processing fee.
(2) The appeal will be processed pursuant to the procedures set forth in the City of
El Mirage Zoning Code Chapter §154.161.
(3) Persons with standing who are aggrieved by a decision of the city council
hereunder may, within thirty (30) days after the council renders its decision, file a
complaint for special action in the superior court of Maricopa County to review the
council’s decision.
(Prior Code, § 12-7-4) (Ord. O11-09-17, passed 9-22-2011)