Exhibit A - R22-05-08

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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. 
 
ZONING DISTRICTS 
154.050  Zoning Districts and Map Established 
154.051  Interpretation of Zone Boundaries. 
154.052  Permitted Uses by Zone. 
154.053  Zoning Standards. 
 
SPECIAL & OVERLAY DISTRICT REGULATIONS 
154.065  Planned Area Development (P.A.D.) Special District. 
154.066  Floodway Overlay Zone (F-1). 
154.067  Floodplain Overlay Zone (F-2). 
154.068  Airfield Impact Overlay Zone (A-1). 
154.069  Thunderbird Road Overlay District (Trod). 
 
SPECIFIC USE REQUIREMENTS  
154.085  Adult or Sexually Oriented Business  
154.086  Resident Care Homes, Group Care Homes, and Assisted Living Centers   
154.087  Drive-Through Facilities.  
154.088  Home Occupations. 
154.089  Marijuana Regulations 
RESOLUTION R22-05-08 
         "EXHIBIT A"

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154.090  Specific Use Location Restrictions. 
154.091  Wireless Communication Facilities. 
154.092  Accessory Buildings, Structures and Uses. 
154.093  Temporary Uses and Structures   
 
GENERAL BUILDING AND DEVELOPMENT STANDARDS 
154.095  Purpose. 
154.096  Use of Lands, Buildings, and Structures. 
154.097  Occupancy Restrictions. 
154.098  Setback Encroachments, Limitations and Exceptions. 
154.099  Height Encroachments, Limitations, and Exceptions. 
154.100  Fences and Walls. 
154.101  Required Screenings. 
154.102  Landscaping Requirements. 
154.103  Property Access Standards. 
154.104  Off-Street Parking Requirements. 
154.105  Off-Street Loading Berth Requirements. 
154.106  Miscellaneous Requirements. 
154.107  Non-Conforming Uses and Structures. 
 
SIGN REGULATIONS 
154.125  Purpose 
154.126  Applicability 
154.127  Exemptions 
154.128  Prohibitions 
154.129  Conflicting Regulations 
154.130  General Provisions 
154.131  Total Aggregate Sign Area Standards 
154.132  Standards by Sign Type 
154.133  Additional Standards by Permanent Sign Type 
154.134  Additional Standards by Temporary Sign Type 
154.135  Master Sign Program 
154.136  Permits and Enforcement 
154.137  Flags and Flagpoles. 
154.138  Non-Conforming Signs. 
154.139  Conflict. 
 
ADMINISTRATIVE PROCEDURES 
154.150  Pre-Application Meeting.  
154.151  Application Submittal (Administrative Completeness Review). 
154.152  Procedure for Amendments to this Chapter. 
154.153  Procedure for Rezonings. 
154.154  Citizen Review Process. 
154.155  Procedure for Variances from this Chapter. 
154.156  Procedure for Site Plan Approval. 
154.157  Procedure for Conditional Use Permit.

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154.158  Procedure for Operating a Home Occupation. 
154.159  Procedure for Temporary Use Permit. 
154.160  Procedure for Planned Area Development (P.A.D.) Approval. 
154.161  Procedure for Appeals to City Council. 
154.162  Fees. 
154.999  Penalty.

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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, this Ordinance or 
this Code.” 
(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. §9-461 and § 9-462, 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). 
(Res R20-05-06, ratified 11-03-2020) 
 
§ 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: 
 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 
 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)

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§ 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 unless 
otherwise stated herein. 
(Prior Code, § 21-1-6) 
 
§ 154.007  PRIVATE AGREEMENTS. 
 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. 
 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)

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DEFINITIONS 
 
§ 154.020  DEFINITION OF TERMS. 
 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 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. 
 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). 
ABANDONED. To discontinue the use or occupancy of a building, parcel or 
property. 
ABUT, ABUTTING. To share, border or physically touch a common boundary, 
property line or right–of–way. 
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 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. 
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.) 
ACRE. A unit of measure for land area containing 43,560 square feet. 
ADDITION. An extension or increase in floor area or height of a building or 
structure. 
ADJACENT. See “Adjoining”.

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ADJOINING. The condition of having a common dividing line.  Two (2) properties 
which are separated by only a street or alley shall be considered as adjoining one 
another. 
ADULT ENTERTAINMENT  
ADULT ENTERTAINMENT BUSINESS. A business that offers adult services 
such as adult arcades, adult bookstores or video stores, cabarets, adult live 
entertainment establishments, adult motion picture theaters, adult theaters, 
adult massage establishments, or nude model studios as defined in the 
Arizona Revised Statue § 11-811 E.   
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

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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

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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) 
ADVERSE IMPACT. A negative consequence for the physical, social, or economic 
environment resulting from an action, use, or development. 
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. 
AIRPORT/ HELIPORT. An area of land consisting of runways and structures 
designed for the takeoff, landing, and maintenance of aircraft and/or helicopters. 
Activities may include private flights, commercial and non-commercial flights, flying 
clubs, and flight training or flight schools. 
ALCOHOLIC BEVERAGES, RETAIL SALE. An establishment licensed to sell 
alcoholic beverages including beer, wine, and liquor and barring all on-site 
consumption. A drive thru may be included as defined and regulated herein.

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ALLEY. A permanent public thoroughfare providing a secondary means of access 
to abutting lands. 
ALTERATION. Any change, addition or modification that changes the exterior 
architectural appearance or materials of a structure or object. Alteration includes 
changes in exterior surfaces, changes in materials, additions, remodels, 
demolitions, and relocation of buildings or structures, but excludes ordinary 
maintenance and repairs. 
AMENDMENT. A change in the wording, context or substance, or the addition of 
text to this Ordinance; an addition, deletion or change in the district boundaries or 
classifications on the Zoning Map. 
ANIMAL HOSPITAL/ VETERINARY CLINIC. A facility used by one or more 
licensed veterinarians to provide medical and hygiene-related services to animals. 
Excludes overnight boarding of animals that are not under medical care. 
ANIMAL KENNEL/ SHELTER. A facility where 4 or more domestic animals over 
the age of 3 months are held for the purposes of boarding, breeding, or selling. 
The facility may also accept and/or seize domestic animals for the purpose of 
boarding them overnight, caring for them, placing them through adoption, or 
carrying out law enforcement. A zoo, pet store, veterinary clinic, animal hospital, 
and animal husbandry are not considered a kennel. 
APPLICANT. Any person applying for any permit, approval or decision governed 
or required by this Ordinance. 
AREA, GROSS. The land area (acres) within the perimeter of a parcel or lot, 
including all non–dedicated streets, alleys, private roadways and/or alley 
easements, and canal and/or irrigation easements.  
AREA, NET. The land area (acres) within the perimeter of a parcel or lot, excluding 
all dedicated arterial, collector and local street right–of–ways. 
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. 
A.R.S. The abbreviation for the Arizona Revised Statutes. 
ART GALLERY/ STUDIO. A private establishment for the creation, collection, and 
display of objects of art, may be open and available to the public. 
ASSEMBLY HALL/AUDITORIUM/ CONFERENCE CENTER. A building or 
structure, or group of buildings or structures, that may or may not be rented for the 
conducting of organized short-term events such as weddings, receptions, concerts, 
performances, and conferences. Accessory uses may include meeting rooms, 
kitchen facilities for preparation of food to be consumed on the premises, parking,

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and childcare provided for persons while they are attending assembly functions. 
Schools associated with assembly uses are not an accessory use. 
ASSEMBLY, LIGHT. An establishment engaged only in the on-site assembly of 
goods. No manufacturing of parts occurs. Goods are shipped to the establishment, 
assembled, packaged, and reshipped. Assembly and packaging involves only the 
use of hand tools or domestic mechanical equipment not exceeding two 
horsepower or a single kiln not exceeding eight kilowatts. Typical light assembly 
uses include ceramic studios and custom jewelry manufacturing. 
ASSISTED LIVING CENTER. A residential care institution that provides resident 
rooms or residential units to eleven (11) or more persons for the housing of 
individuals with disabilities (adults or minors). The facility provides on-site care, 
training or support, or habilitative or rehabilitative services, related to the residents’ 
disabilities. This use includes structured sober living homes and caring for the 
ambulatory, aged or infirm in a residential setting. Does not include a nursing 
home, group care home, resident care home or hospital. Care givers are present at 
all times and may (or may not) reside at the site. Facilities typically include 
common kitchen and dining areas but may contain individual kitchenettes for 
residents. An Assisted Living Center shall be licensed by the state of Arizona. 
ASSISTED LIVING HOME. A dwelling unit, shared for the housing of and caring 
for the ambulatory, aged or infirm and licensed by the Arizona State Department of 
Health services for no more than ten (10) persons excluding staff in a residential 
setting. Does not included a nursing home, group care home, or assisted living 
center. Care givers are present at all times, and typically reside at the site. 
AUCTIONS, INDOOR. A completely enclosed facility where property is received 
from willing persons or businesses, when such property is to be sold to third 
parties, by auction, either publicly or privately, whether for cash, property or other 
consideration, inside the primary structure. Outdoor storage is allowed as an 
accessory use, if completely screened. 
AUTO WRECKING AND SALVAGE 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 glass, rubber, lumber, millwork, brick, automobiles, and similar 
property which are used, owned, or possessed for the purpose of wrecking or 
salvaging parts therefrom. 
AUTOMOBILE/ BOAT/RV, REPAIR MINOR. An establishment with the primary 
purpose of the service and repair of automobiles, boats, trucks, and motorcycles, 
including the sale, installation, and servicing of related equipment and parts. This 
classification includes quick-service oil, tune-up, wheel and brake shops, muffler 
shops, auto glass services, propeller service, battery replacement and tire sales 
and installation, where repairs are made or service provided in enclosed bays and 
no vehicles are stored overnight. This classification excludes establishments

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providing engine repair, body, hull and fender work, vehicle/boat painting, or 
towing. It also excludes repair of commercial trucks and tractor-trailers or 
construction vehicles. 
AUTOMOBILE/ BOAT/RV, REPAIR MAJOR. As establishment with the primary 
purpose of the repair of automobiles, boats, trucks, motorcycles, motor homes, and 
recreational vehicles, including the sale, installation, and servicing of related 
equipment and parts, generally on an overnight basis. This classification includes 
auto/boat engine repair shops; body, hull and fender shops, transmission shops, 
restoration, refurbishing, but excludes auto/boat dismantling or salvaging and tire 
re-treading or recapping. 
AUTOMOBILE/ BOAT/RV, SALES & LEASING. As establishment with the 
primary purpose of the sale, leasing or rental of automobiles, motorcycles, trucks, 
motor homes and boats, including storage and incidental maintenance. 
BAR, LOUNGE, OR TAVERN. A structure or part of a structure used primarily for 
the sale, dispensing, and on-site consumption of alcoholic beverages or liquor by 
the drink, which may or may not serve food. Any facility providing both food and 
alcoholic beverages or liquor by the drink for on-site consumption that does not meet 
the definition of a restaurant shall be considered a bar, lounge, or tavern. 
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. 
BED & BREAKFAST (≤6 UNITS). A business in a building originally constructed as 
a single-family dwelling and/or reconstructed from a commercial building into a 
single-family dwelling that provides not more than six (6) guest rooms for guest 
accommodations on a temporary basis with breakfast service being provided on 
premises. The operator of the bed and breakfast shall live on the premises or 
abutting premises. 
BOARD. The Board of Adjustment of the City of El Mirage, Arizona. 
BOAT. Any vessel or motorized device used for traveling in or on water, including, 
but not limited to, an unpowered vessel; a vessel powered by oars, paddles, sail, 
or motor; and a raft, whether ridged, supported by pontoons, or inflatable. 
BUFFER. A landscaped area intended to separate and partially obstruct the view 
of two adjacent land uses or properties from one another. 
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:

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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, FRONT PLANE OF. The face of a building nearest the street right-of-
way line or related front, side, or rear 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 
highest point of the highest gable of a pitch or hip roof.. 
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 MATERIALS SALES. A primarily outdoor establishment for the 
wholesale or bulk sale of materials, hardware, and lumber customarily used in the 
construction of buildings and other structures. Outdoor examples include lumber 
yards and landscaping materials stores. This use does not include home 
improvement and hardware stores. 
BUILDING PERMIT. A permit issued by the City of El Mirage that is required for 
the construction, modification or moving of any building, structure or use in the City 
of El Mirage. 
BUILDING WALL. The individual sides of a building. 
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. 
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. 
BUSINESS SERVICES. An establishment that primarily provides goods and 
services to other businesses on a fee or contract basis including printing and 
copying, blueprint services, advertising and mailing, office security, custodial 
services, and photo finishing. 
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

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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. The structure shall 
be considered as an accessory structure 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. 
CAR WASH. A facility, coin operated, automatic, or hand wash, for the cleaning of 
automobiles, providing either self-serve facilities or employees to perform washing 
operations. The facilities shall be considered incidental to a fueling station if not more 
than one auto may be washed at one time and if the fueling station is clearly the 
principal use. 
CEMETERY. Land used or dedicated to the interment of human or animal remains, 
including columbaria, mausoleums, mortuaries, and associated parking and 
maintenance facilities when operated in conjunction with, and within the boundaries 
of, such cemetery. 
CERTIFICATE OF OCCUPANCY. A document issued by the Building Official 
allowing the occupancy or use of a building and certifying that the structure or use 
has been constructed or will be used in compliance with all the applicable codes of 
the City of El Mirage.  As defined in the current building code adopted by the City. 
CHANGE OF USE. Any use which differs from the previous use of a building or 
land. 
CHILD CARE, CENTER. Any facility licensed by the Arizona State Department of 
Health Services in which care and supervision for five or more persons is regularly 
provided for compensation for periods of less than 24 hours per day. This 
classification includes nursery schools, preschools, day care for children or adults, 
and any other non-residential day care facility licensed by the State of Arizona. 
CHILD CARE, HOME. A state certified facility, the primary use of which is a 
residence, in which childcare for not less than five children and not more than ten 
children through the age of 12 (not related to owner, management, nor staff) or 
adult day care for at least five and not more than ten adults (not related to owner, 
management, nor staff) is provided on a daily basis for compensation for periods of 
less than 24 hours per day. The following uses are not a Child Care, Home use; an 
Assisted Living Facility, Group Care Home, or Day Care, Home Occupation.

15 
CITY. The City of El Mirage. 
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. 
COFFEE SHOP/ CAFÉ. An establishment that primarily serves nonalcoholic 
beverages (such as coffee, tea, juices, and/ or sodas) or specialty snacks (such as 
ice cream, frozen yogurt, cookies, or pastries) for purchase and consumption. A 
drive thru may be included as defined and regulated herein. 
COLLEGE/ UNIVERSITY, PUBLIC OR PRIVATE. A degree-granting institution, 
other than a trade school (see Instructional Services or Trade School definition), that 
provides education beyond the high school level. The use includes, but is not limited 
to, classroom buildings, offices, laboratories, lecture halls, athletic facilities, clinics, 
cafeterias and dormitories. 
COMMISSION. The City of El Mirage Planning and Zoning Commission. 
COMMON AREA. Land in a residential development held in common and/or single 
ownership and not reserved for the exclusive use or benefit of an individual tenant 
or owner. 
COMMUNITY GARDEN. A lot or any portion thereof, managed and maintained by 
a person, group, or organization for growing, harvesting, farming, or any other use, 
which contributes to the production of organic agricultural, floricultural, or 
horticultural products for recreation or direct local consumption rather than for 
commercial processing. 
COMMUNITY PLAYFIELDS & PARKS. A tract of land owned by a public or 
private entity and available to the general public for recreational purposes. This 
definition includes playgrounds, athletic courts and fields, swimming pools, and all 
necessary maintenance facilities.  
COMMUNITY RECREATION CENTER. An indoor facility providing recreation/pool 
facilities and/or meeting rooms, and typically oriented to the recreational needs of 
the residents of the surrounding area, including youth and/or seniors. 
COMPATIBLE. The use of land or a structure that is capable of existing together in 
harmony with other structures or uses of land adjacent or in proximity to the land 
use or structure in question. 
CONDITIONAL USE PERMITS. Legal authorization to undertake a conditional use 
as defined by this chapter. 
CONTIGUOUS. In contact with one or more sides. 
CORPORATE COUNSEL. The Attorney of the city or any assistant or special 
counsel of the city.

16 
COUNCIL. The City Council of the city. 
COUNTY. Maricopa County, State of Arizona. 
CULTURAL FACILITY. An establishment with the primary purpose of the collection, 
display, and performance of art, music, history, or science, sponsored by a public or 
quasi-public agency and open and available to the public. Contents may be 
interactive or observational only. 
DATA CENTER. A facility used primarily for the storage, management, processing, 
and transmission of digital data, which houses computer and/or network equipment, 
systems, servers, appliances and other associated components related to digital 
data operations. Such facility may also include air handlers, power generators, water 
cooling and storage facilities, utility substations, and other associated utility 
infrastructure to support sustained operations at a data center. 
DAY CARE, HOME OCCUPATION. A permanent residential unit where an 
occupant provides day care and supervision for no more than four children or adults 
not residing in the household, whether or not for compensation. The following uses 
are not a Day care, home occupation use: Group Care Home; Child Care, Home 
and Child Care Center. 
DEDICATION. The designation of land by its owner for any general or public use. 
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) 
 
DETENTION BASIN. An area requiring landscaping to maintain the purpose and 
requirements of controlling the flow of water.

17 
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. 
DISABILITY. The term “disability” means, with respect to an individual (A) a 
physical or mental impairment that substantially limits one or more major life 
activities of such individual; (B) a record of such an impairment; or (C) being 
regarded as having such an impairment. For purposes of this definition, a qualified 
individual with a disability shall not include an individual who is currently engaging 
in the illegal use of drugs, when the covered entity acts on the basis of such use, 
except as provided in 42 U.S.C. § 12210. The term “illegal use of drugs” means the 
use of drugs, the possession or distribution of which is unlawful under the 
Controlled Substances Act, 21 U.S.C. § 812. Such term does not include the use 
of a drug taken under supervision by a licensed health care professional, or other 
uses authorized by the Controlled Substances Act or other provisions of Federal 
law. The term, disability, shall be interpreted in a manner consistent with the 
definition of disability in the Americans with Disabilities Amendment Act of 2008. 
DISTRIBUTION YARD, OUTDOOR. An open site, with the primary purpose of 
receiving, storing, sorting, consolidating, and separating of goods and materials, as 
well as vehicular transfer, for reshipment to other locations, typically for other 
businesses. 
DISTRIBUTION/WAREHOUSING CENTER, INDOOR. A building whose primary 
purpose is facilitating the receiving, storage, sorting, transfer to larger or smaller 
vehicles, consolidation into larger quantities or breaking down into smaller 
quantities of goods and materials for reshipment to other locations typically for 
other businesses or direct to home delivery. Uses are not involved in 
manufacturing or production and include no outdoor storage of goods or materials. 
DISTRICT. A portion the City within which certain uniform regulations and 
requirements or various combinations of requirements are applied under the 
provisions of this Code. 
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 THRU FACILITY. An accessory to a business in which customers are 
provided a service or a product, where a sale is made without the customer being 
required to leave the vehicle. The business may be solely accessed via drive thru, 
or a business may add a drive thru facility as an additional access to a business. 
DRIVEWAY. A surfaced area intended solely for the purpose of accessing a 
garage or parking area.  
DUST-FREE SURFACE. A surface such as concrete, asphalt, masonry, crushed 
rock or aggregate, or other alternative material that does not generate dust and is 
designed to the specifications of the City Engineer.

18 
DWELLING. A building, or portion thereof, used primarily for residential occupancy, 
including single-family, two-family, multiple-family dwellings, and resident/group 
care homes, but not including hotels or motels. 
DWELLING, DUPLEX. A single building containing two dwelling units located on an 
individual lot designed for or used by two families living independently of each other. 
Sometimes referred to as a Two-Family dwelling. Dwelling units shall share a 
common wall and may be side by side or up and down. 
DWELLING, LIVE/ WORK. An integrated housing unit and working space, occupied 
and utilized by a single household in either a, detached single-family structure 
located behind the principal workplace or a unified structure that has been designed 
or structurally modified to accommodate joint residential occupancy and work 
activity, and which is in compliance with all applicable building codes; and the 
working space is reserved for and regularly used by one or more occupants of the 
unit. Work must be an approved home occupation for the zoning district therein. 
DWELLING, MANUFACTURED HOME. A structure built on or after June 15, 1976, 
in accordance with the National Manufactured Home Construction and Safety 
Standards Act of 1974 and Title VI of the Housing and Community Development Act 
of 1974. 
DWELLING, MOBILE HOME. A structure, transportable in one or more sections, 
that is at least eight feet in width and thirty-two feet in length and that is built on a 
permanent chassis and designed to be used as a dwelling unit, with or without a 
permanent foundation, when connected to on-site utilities, and that was not 
constructed in accordance with the National Manufactured Home Construction and 
Safety Standards Act of 1974 and Title VI of the Housing and Community 
Development Act of 1974. 
DWELLING, MODULAR HOME. A factory-built building, residential, excluding 
mobile homes and manufactured homes defined herein. Such housing is certified as 
meeting the state and local building codes as applicable to modular housing and 
shall be considered equivalent to a site built building and which requires substantial 
assembly on site. Also referred to as "factory built" in Department of Building, Fire 
and Safety Rules, State of Arizona. 
DWELLING, MULTI-FAMILY. A single building 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. 
DWELLING, SINGLE-FAMILY ATTACHED. A dwelling designed for or used by one 
family, located on an individual lot, and having any portion of one or more walls in 
common with adjoining dwellings. Sometimes referred to as a Townhouse dwelling. 
Housing units are side by side only. 
DWELLING, SINGLE-FAMILY DETACHED. A dwelling designed for or used by one 
family, located on an individual lot, and having no walls in common with adjoining

19 
dwellings. Shall also include a factory-built residential building, excluding mobile 
homes and manufactured homes defined herein. Such housing is certified as 
meeting the state and local building codes as applicable to modular housing and 
shall be considered equivalent to a site-built building and which requires substantial 
assembly on site. Also referred to as “factory built” in Department of Building, Fire 
and Safety Rules, State of Arizona. 
DWELLING UNIT. A dwelling, or portion of a dwelling, used by one housekeeping 
unit for residential purposes. 
EASEMENT. A legal interest in land granted by the owner to another person or the 
general public, which allows that person, or the general public, the use of all or a 
portion of the owner’s land, generally granted for a stated purpose including, but 
not limited to, access or utility placement. 
EGRESS. An exit. 
ENCROACHMENT. The act of placing a building or structure on another’s land or 
within an area mandated by the City, State or Federal Government. 
ENLARGEMENT. An increase in the size of an existing structure. 
FAÇADE. The entire building front including the parapet. 
FAMILY. (1) An individual or two or more persons related by blood, marriage, or 
adoption, and usual domestic help, living together as a single housekeeping unit in 
a dwelling unit, or (2) A group of not more than five persons, who need not be related, 
living together as a single housekeeping unit in a dwelling unit.  
FARMERS MARKET, TEMPORARY. Commercial activities, , conducted in an 
outdoor area, or in semi-enclosed structure where one or more vendor(s) display, 
barter, or sell directly to the customer food, merchandise and products made or 
produced locally, such as fresh fruits, vegetables, flowers, herbs, plants, and value-
added food products. Farmers market (temporary) does not mean flea market, 
occasional arts and craft fairs, or festivals. 
FEED STORE. An establishment with the primary purpose of the retail sale of 
supplies directly related to agriculture, ranching, or dairy operations. 
FENCE. An artificially constructed barrier of any material or combination of 
materials, that are not a wall as defined herein, erected to enclose or screen areas 
of land. 
FINANCIAL INSTITUTION. An establishment that provides banking services, 
lending, or similar financial services to individuals and businesses. This definition 
includes those chartered institutions engaged in the on-site circulation of cash 
money and check-cashing but shall not include bail bond brokers or non-chartered 
financial institutions as defined herein. A drive thru may be included as defined and 
regulated herein. 
FITNESS AND SPORTS CENTER. A facility, typically membership based, primarily 
featuring equipment for exercise and other active physical fitness and/or recreational 
sports activities, such as swimming, skating, racquet sports, aerobic dance,

20 
gymnasium facilities, indoor soccer, yoga, and other kinds of sports and fitness 
facilities. May also include accessory spa facilities. 
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. 
FLEA MARKET, TEMPORARY. An indoor or outdoor premises where the main use 
is the sale of new or used household goods, personal effects, tools, art work, 
appliances, and similar merchandise, objects, or equipment in small quantities, by 
multiple vendors for the use, sale or consumption by the immediate purchaser. This 
definition does not include temporary retail sidewalk sales, farmers markets, garage 
sales or special events. 
FLEX COMMERCIAL. A singular building that can accommodate a mix of non-residential uses 
provided such uses are consistent with the permitted uses of the zoning district in which the building 
is located.  
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 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. 
FLOOR AREA, GROSS. The sums of the areas of the several floors of a building, 
including areas used for human occupancy in basements, attics, and penthouses, 
as measured from the exterior faces of the walls. It does not include cellars, 
unenclosed porches, or attics not used for human occupancy, or any floor space in 
accessory buildings or in the main building intended and designed for the parking 
of motor vehicles in order to meet the parking requirements of this Ordinance, or 
any such floor space intended and designed for accessory heating and ventilating 
equipment. It shall include the horizontal area at each floor level devoted to 
stairwells and elevator shafts. 
FLOOR AREA, NET. The total of all interior useable floor areas of a building 
measured from the interior face of interior walls, excluding stairwells and elevators

21 
shafts, unenclosed porches, public corridors, public toilets, light shafts, equipment 
rooms and vertical equipment chases. 
FRATERNAL OR SOCIAL CLUB, NONPROFIT. Meeting, recreational, or social 
facilities of a nonprofit organization primarily for use by members that pay annual 
dues and their guests. This classification includes union halls and lodges. 
FRONTAGE. All of the property of a given lot or any portion thereof lying adjacent 
to a public street or highway. 
FUELING STATION. An establishment engaged in retailing automotive fuels or 
charging of vehicles and may be in combination with providing convenience 
services. Establishment may or may not have a car wash or drive thru, with not more 
than one lane. A drive thru or carwash may be included as defined and regulated 
herein. 
FUNERAL HOME OR CREMATORIUM. A location containing properly installed, 
certified apparatus intended for use in the act of cremation, or an establishment for 
the preparation of the deceased for burial and the display of the deceased and rituals 
connected with, and conducted before, burial or cremation. This definition may 
include a facility for the permanent storage of cremated remains of the dead as well 
as the indoor display and sale of goods associated with such services. 
GARAGE, PRIVATE. A detached accessory building, or portion of a principal 
building, used for the storage of self-propelled vehicles  
GARAGE SALE. A sale of household items conducted on a residential site and 
incidental to the principal dwelling. 
GENERAL PERSONAL SERVICES. An establishment other than a professional 
office that provides services or non-medical care to individuals as a primary use, and 
that may provide accessory retail sales of products related to the services provided. 
Examples of General Personal Service uses include shoe repair and tailor shops, 
beauty and barber shops, laundromats, tanning salons, photography studios and 
dry-cleaning shops. A Drive thru may be included as defined and regulated herein. 
GENERAL PLAN. The City of El Mirage General Plan. 
GENERAL RECREATION, INDOOR. An establishment offering recreation, game 
playing, rides, or similar amusements to the public within an enclosed building. This 
shall include arcades, bowling alleys, billiard parlors, bingo parlors, and laser tag 
parlors. Establishments may or may not serve food and alcohol. 
GENERAL RECREATION, OUTDOOR. Intensely developed recreational uses 
where the general public typically participates, lighted or unlighted, such as 
amusement parks, miniature golf courses, batting cages, racecourses, paintball 
ranges, motocross courses, water parks or slides, courses for paramilitary games, 
and archery facilities. 
GOLF COURSE. A tract of land laid out with a course having nine or more holes for 
playing the game of golf, including any accessory clubhouse, driving range, office, 
restaurant, concession stand, picnic tables, pro shop, maintenance building,

22 
restroom facility, or similar accessory use or structure. The accessory buildings may 
be used for events such as performances, wedding and receptions, both private and 
public. This term shall not include miniature golf courses as a principal or accessory 
use, nor shall it include driving ranges that are not accessory to a golf course, nor 
shall it include lighted golf courses. 
GOVERNMENT OFFICES & CIVIC BUILDINGS. An office of a governmental 
agency that provides administrative and/or direct services to the public, such as, but 
not limited to: city employment offices, public assistance offices, post office or motor 
vehicle licensing and registration services. 
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 CARE HOME. A dwelling unit for a group of six (6) or more unrelated 
persons, excluding staff, who do not have a disability (see “resident care home” for 
persons with disabilities), and are not living together as a single housekeeping unit. 
This 
definition 
shall 
include 
shelter 
homes 
for 
people 
at 
risk 
and 
halfway/correctional/sex offender transitional facilities but shall not include resident 
care homes or “residential facilities” for the developmentally disabled as specifically 
defined and provided for in A.R.S. §36-581 and §36-582. Group care home facilities 
may or may not be licensed by the state or another government authority. 
GUEST. A person who spends time on a temporary basis at another person's 
home or a person who patronizes a hotel, restaurant, etc., for the lodging, food, or 
entertainment it provides. 
GUEST ROOM. Any room or rooms, used or intended to be used by guests on a 
temporary basis for sleeping purposes, having no provisions for cooking.  
HEALTHCARE/ MEDICAL FACILITY/ CLINIC. A public or private facility consisting 
of one or more buildings providing, on an outpatient basis, chiropractic, dental, 
medical, surgical, medical imaging, or other services to individuals, including the 
offices of chiropractors, physicians, dentists, drug therapists, rehabilitation therapists 
and other health practitioners, medical and dental laboratories, outpatient care and 
outpatient care facilities. Patients are not kept overnight except under emergency 
conditions. 
HEAVY EQUIPMENT SALES & RENTAL. Retail establishments selling or renting 
construction, farm, or other heavy equipment typically via outdoor display. Examples 
include cranes, earth moving equipment, tractors, commercial trucks, etc. 
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. 
HOSPITAL. A public or private facility consisting of one or more buildings providing

23 
medical accommodation for sick, injured, or infirm persons, and for the provision of 
related outpatient services. Services regularly include the keeping of patients 
overnight. Accessory uses include heliports and related facilities, and parking. 
HOTEL/ MOTEL (13+ UNITS). A business consisting of a building or a group of 
buildings with continuous on-site management containing a minimum of 13 units that 
provide accommodation and may or may not provide food and drink to guests for 
compensation. 
HOUSEKEEPING UNIT. One (1) or more individuals living, sleeping, and cooking 
in a single dwelling unit who share housekeeping tasks and responsibilities as an 
interdependent unit.  
INGRESS. Access or entry. 
INN (6-12 UNITS). A business consisting of a building or a group of buildings with 
continuous on-site management containing 6 to 12 units that provide 
accommodation and may or may not provide food and drink to guests for 
compensation.  
INSTALL. The action of erecting, re-erecting, constructing, placing, posting, and 
building. 
INSTRUCTIONAL SERVICES OR TRADE SCHOOLS. A specialized instructional 
private establishment that provides on-site training of business, artistic, or 
commercial skills, or a trade school that prepares students for jobs in a trade (e.g., 
carpentry). Examples include, but are not limited to, fine arts schools, computer 
instructional services, and driving schools. 
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. 
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. The combination of elements such as trees, shrubs, ground 
cover, vines, and other organic and inorganic materials for the express purpose of 
creating an attractive and pleasing environment.  Public art, water features, 
plazas, patios, decorative courtyards and lighting may also be considered 
landscape elements. 
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. 
LIBRARY. A facility for storing and loaning books, periodicals, reference materials, 
audio and videotapes, computers, and other similar media open and available to

24 
the public. Such facilities may or may not include accessory uses such as meeting 
space, bookstore, cafe or kitchen facilities. 
LIVESTOCK. Cattle, horses, sheep, goats, fowl and other similar domestic 
animals, excluding swine and 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. 
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 horizontal distance between side lot lines, measured at the 
required front setback line. If the side property lines are parallel, the shortest 
distance between these side lines; or if the side property lines are not parallel, the 
width of the lot shall be the length of a line at right angles to the axis of the lot at a 
distance equal to the front setback required for the district in which the lot is located.

25 
The axis of a lot shall be a line joining the midpoints of the front and rear property 
lines. 
MAINTENANCE. The repair, painting, trimming, pruning, watering and other on–
going activities which are associated with providing an attractive site appearance 
and safe buildings and structures. 
MANUFACTURED HOME. See DWELLING, MANUFACTURED HOME 
MANUFACTURED HOME/ RV PARK. A site with two or more spaces for the long-
term placement of mobile homes and/or manufactured homes, or temporary short-
term parking of recreational vehicles which are occupied or intended to be occupied 
for dwelling or sleeping purposes. Parks shall include required improvements and 
utilities and may also include accessory services and facilities for the residents. 
MANUFACTURING. 
The 
systematic 
manual, 
mechanical, 
or 
chemical 
transformation of materials or substances into new products with the division of 
labor. May include parts assembly, the creation of products, and the blending of 
materials, such as lubricating oils, plastics, resins, or liquors. 
MANUFACTURING, HEAVY. An establishment engaged in the manufacture or 
compounding process of raw materials. Such activities may include the storage of 
large volumes of highly flammable, toxic matter or explosive materials needed for 
the manufacturing process. Examples include, but are not limited to: refining or initial 
processing of raw materials; rolling, drawing, or extruding of metals; asphalt batching 
plants; sawmills; meat slaughtering or packing house; and manufacture or 
packaging of cement products, feed, fertilizer, flour, glue, paint, petroleum products, 
soap, turpentine, varnish, charcoal, or distilled products. 
MANUFACTURING, LIGHT. An establishment engaged in the manufacture, 
predominantly from previously prepared materials, of finished products or parts, 
including processing, fabrication, assembly, treatment, and packaging of such 
products, and incidental storage, sales, and distribution of such products, but 
excluding basic industrial processing. Examples include, but are not limited to: 
airplane, automobile, or truck assembly, remodeling, or repair; bottling works; 
brewery or distillery, boat building, machine or blacksmith shops; metalworking or 
welding shops; paint shops; and printing and publishing shops. 
MARIJUANA 
MARIJUANA CULTIVATION SITE. A site that operates as follows: 
(1) An off-site location where marijuana is cultivated and processed and 
where marijuana products may be manufactured for a Marijuana 
Establishment; or  
(2) The one additional location where marijuana may be cultivated, infused, or 
prepared for sale by and for a Nonprofit Medical Marijuana Dispensary.  
MARIJUANA ESTABLISHMENT. An entity licensed by the Arizona 
Department of Health Services to operate all of the following:

26 
(1) A single retail location at which the licensee may sell marijuana and 
marijuana products to consumers, cultivate marijuana and manufacture 
marijuana products.  
(2) A single off-site cultivation location at which the licensee may cultivate 
marijuana, process marijuana and manufacture marijuana products, but from 
which marijuana and marijuana products may not be transferred or sold to 
consumers.  
(3) A single off-site location at which the licensee may manufacture marijuana 
products and package and store marijuana and marijuana products, but from 
which marijuana and marijuana products may not be transferred or sold to 
consumers.  
MARIJUANA TESTING FACILITY. The Arizona Department of Health 
Services or another entity that is licensed by the Arizona Department of 
Health Services to analyze the potency of marijuana and test marijuana for 
harmful contaminants.  
NONPROFIT MEDICAL MARIJUANA DISPENSARY. means a non-profit 
entity as defined in A.R.S §36-2801(12). 
MICROBREWERY, CRAFT DISTILLERY OR TASTING ROOM. An establishment 
with the primary purpose of brewing (beer, cider, or mead) or distilling (alcohol) and/ 
or the sale, consumption, and wholesale distribution of brewed, fermented or distilled 
products produced on site, as well as related merchandise, subject to State licensing 
requirements. 
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 FOOD VENDING UNIT. Any food establishment that is licensed by the 
State of Arizona, that is readily moveable and that dispenses food or beverages for 
immediate service and consumption and other incidental retail items from any 
vehicle. 
MOBILE FOOD VENDOR. Any person who owns, controls, manages or leases a 
mobile food vending unit or contracts with a person to prepare foods and vend from, 
drive or operate a mobile food vending unit. 
MOBILE HOMES. See DWELLING, MOBILE HOME  
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. 
MOBILE OUTDOOR VENDOR. Any privately-owned vendor stand, vendor trailer, 
or any other non-stationary device that is utilized for the purpose of temporarily 
displaying, exhibiting, carrying, transporting, storing, selling or offering for sale any 
goods, wares or merchandise. This definition shall not include; very short duration, 
primarily non-profit uses such as fundraisers, lemonade and Girl Scout cookie

27 
stands and accessory outdoor display and sales areas. 
MODIFICATION. See Alteration 
MOVIE THEATER. An indoor establishment with the primary purpose of showing 
motion pictures to an audience. 
NEW CONSTRUCTION. Structures for which the “start of construction” commenced 
on or after the effective date of this chapter. 
NIGHTCLUB. An establishment that dispenses alcoholic beverages for on-site 
consumption permitting music, entertainment, and dancing. 
NON-CHARTERED FINANCIAL INSTITUTION (CHECK CASHING). 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. 
NURSERY, COMMERCIAL. A full-service retail sales establishment which sells 
plants and landscaping materials that are purchased wholesale from off site. 
Accessory items can include packaged fertilizer, seed, mulch, and topsoil, as well 
as other packaged items commonly associated with a retail plant nursery, as long 
as such items are stored inside of a solid or screened structure. However, the sale 
or outdoor storage of bulk items, and/or the on-site storage of commercial vehicles 
or heavy equipment, shall be prohibited. 
NURSING HOME. A health care institution licensed by the State of Arizona with 
individual rooms supported by communal facilities (such as kitchen, dining, living, 
and recreation) that provides 24-hour medical, convalescent or chronic care to 
individuals who, by reason of advanced age, chronic illness or infirmity, are unable 
to care for themselves. Includes rest homes and convalescent hospitals, but 
excludes assisted living centers and home hospitals or clinics. 
OCCUPANT. The person occupying or having custody of a structure or premises as 
a lessee or other. 
OFF–SITE. Not located on the parcel to be developed. 
OFF–STREET. Land which is not within the right–of–way of any street or alley. 
OFFICE, BUSINESS OR PROFESSIONAL. An establishment that provides 
executive, management, administrative, or professional services, but not involving 
the sale of merchandise except as incidental to a permitted use, and not including

28 
a medical office or clinic. Typical examples include real estate, insurance, property 
management, investment, employment, travel, advertising, law, architecture, 
design, engineering, accounting, broadcasting, call centers, and similar offices. 
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. 
OIL AND GAS REFINERY. A facility designed and constructed to remove materials 
and other constituents or similar substances from oil or gas to allow such natural 
liquids or gas to be of such quality as is required or appropriate for transmission or 
distribution to commercial markets. 
OPEN SPACE. An area that is intended to provide light and air, and is designed 
for either environmental, scenic, or recreational purposes. Open space may 
include, but is not limited to, lawns, decorative planting, walkways, active and 
passive recreation areas, playgrounds, fountains, swimming pools, wooden areas, 
and water courses. Open space shall not be deemed to include driveways, parking 
lots, or other surfaces designed or intended for vehicular travel. 
OUTDOOR STORAGE. The exterior storage of recreational vehicles/boats or 
material including goods, wares, merchandise, commodities, or any other items for 
keeping, sale, lease, processing, distribution and repair outside of a completely 
enclosed building for a continuous period longer than twenty-four (24) hours. 
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. 
OWNER. Any person, group of persons, firm or firms, corporation or corporations, 
or any other legal entity having legal title to or sufficient proprietary interest in the 
land sought to be developed under these regulations, or their legal representative.  
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. 
PARKING AREA. An open area, other than a street or alley designated for use, or 
used, as temporary parking of vehicles for public or private use, whether free or for 
compensation or as an accommodation for clients or customers. 
PARKING LOTS & PARKING STRUCTURES. A stand-alone paved area or 
structure (with one or more levels partially or fully enclosed) used for the sole 
purpose of parking motor vehicles, whether free or for compensation. The facility 
may be above, below, or partially below ground. This use does not include parking 
areas associated with a permitted use on the same parcel. 
PARKING SPACE, OFF-STREET. A space designated for the temporary parking of

29 
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. An artificial covering on a street, road, parking lot, driveway, walkway, 
patio, or other natural surface of the ground composed of a material as specified 
by the City of El Mirage Engineering Standards or as approved by the City 
Engineer unless otherwise stated herein. 
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. 
PLATE LINE. The point at which any part of the main roof structure first touches or 
bears upon an external wall. 
PRIVATE STREET. Real property recorded as improved roadway for pedestrian 
and motor vehicle traffic, constructed and maintained by private parties. 
PROPERTY, PERSONAL. Property, other than real property, consisting of things 
temporal and movable. 
PROPERTY, REAL. Property consisting of buildings and/or land. 
PUBLIC SAFETY FACILITY. A government facility with the primary purpose of 
providing public safety and emergency services including but not limited to fire 
stations, police stations, emergency medical and ambulatory services and related 
administrative and training facilities. 
RANCHING, COMMERCIAL. A commercial use for the raising, keeping, and sale 
of agricultural livestock (e.g., horses, cattle, goats, sheep, etc.) on large tracts of 
land, along with necessary accessory uses such as heavy equipment storage and 
limited crop production. Allowed ranch uses shall include; grazing livestock; animal 
husbandry; and the sale of ranch animals. Common agriculture uses such as equine 
stables for riding, boarding, training, and lessons shall be considered Agriculture, 
General.   This use does not include Intensive Animal Operation (i.e. Dairy, Poultry 
Farming, Egg Farming, Pig Farming, Feed Lot, Slaughter etc.) 
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. Shall also include personal recreational vehicles such as boats, watercraft 
and off-road vehicles. 
RELIGIOUS ASSEMBLY. A facility with the primary purpose of congregation and 
worship (see A.R.S. § 41-1493). Accessory uses include cultural events, parking, 
caretaker's housing, buildings ancillary to a religious function, pastor's housing, and 
group living facilities such as convents. 
RESEARCH LABORATORY. An establishment or facility for carrying on

30 
investigation in the natural, physical, or social sciences, or engineering and 
development as an extension of investigation with the objective of creating end 
products. 
RESIDENT CARE HOME. Housing for up to ten (10) unrelated persons who live in 
a dwelling because of disability (see “group care home” for persons without 
disabilities) and may include staff persons, who may or may not be domiciled in the 
dwelling, who provide support services, including but not limited to domestic, 
medical, habilitation, rehabilitation, or other similar services. This definition shall 
include assisted living homes and sober living homes but shall not include 
halfway/correctional/sex offender transitional facilities, shelter homes for people at 
risk or “residential facilities” for the developmentally disabled as specifically defined 
and provided for in A.R.S. §36-581 and §36-582. A resident care home shall be 
licensed by the State of Arizona. 
RESOURCE EXTRACTION. The extraction of surface or subsurface mineral 
products or other natural resources, including but not limited to quarries, borrow pits, 
sand and gravel operations, and mining operations. This process excludes 
processing the resources extracted. 
RESTAURANT. An establishment with the primary purpose of the preparation, 
consumption, retail sale, and service of food and beverages on the premises or to 
carry-out. A drive thru may be included as defined and regulated herein. 
RETAIL, GENERAL. An establishment that sells or rents goods not specifically 
listed under another use classification. This classification typically provides goods 
directly to the consumer, where such goods are available for immediate purchase 
and removal from the premises by the consumer. Examples include, but are not 
limited to: pharmacies, jewelry stores, bait shop, bakeries, bookstores, and florists. 
A drive thru may be included as defined and regulated herein. 
RETAIL, LARGE. An establishment that provides goods directly to the consumer, 
where such goods are available for immediate purchase and removal from the 
premises by the consumer, and which occupies more than 125,000 square feet of 
floor area. Examples include, but are not limited to grocery superstores, home 
improvement stores, apparel shops, appliance stores, electronic stores, department 
stores, furniture stores, membership-based retail stores, and factory outlet stores. 
RETAIL, PAWN SHOP. A business with the primary purpose of advancing money 
on the security of pledged goods or purchasing tangible personal property on the 
condition that it may be redeemed or repurchased by the seller for a fixed or variable 
price within a fixed or variable period.  
RETAIL, SMOKE/ VAPE SHOP. A cigar shop, hookah lounge, head shop, electronic 
cigarette or other retail establishment where the primary activity is the sale of 
tobacco and smoking-related goods/paraphernalia. Smoke/ Vape Shops do not 
include 
any 
individual 
business 
establishments 
that 
contain 
tobacco 
departments/sections that are ancillary to their primary use. 
RIGHT–OF–WAY. A public way established or dedicated for public purposes by 
duly recorded plat, deed, grant, governmental authority, or by operation of the law.

31 
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. 
SCHOOL, PUBLIC OR PRIVATE K-8. Facilities for primary education, including 
public schools, charter schools, and private institutions (when not conducted as a 
commercial enterprise for the profit of individual owners or stockholders) having 
curricula of general academic education consistent with the academic requirements 
of the State of Arizona, including kindergarten, elementary, and junior high school, 
including accessory facilities traditionally associated with schools, such as athletic 
fields, cafeterias, and libraries. 
SCHOOL, PUBLIC OR PRIVATE, 9-12. Facilities for secondary high school 
education, including public schools, charter schools, and private institutions (when 
not conducted as a commercial enterprise for the profit of individual owners or 
stockholders) having curricula of general academic education consistent with the 
academic requirements of the State of Arizona. This includes accessory facilities 
traditionally associated with schools, such as athletic fields, cafeterias, and libraries. 
SCREENING. A solid or nearly solid barrier (i.e., wall, fence, plantings) constructed 
or installed for the purpose of visual separation. 
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. 
SELF-STORAGE, INDOOR. A building or group of buildings with controlled access, 
fenced or screened, that contains varying sizes of individual, compartmentalized, 
and controlled access garages, stalls, or lockers for the storage of customers' goods 
or wares. This use does not include outdoor storage nor boat or recreational vehicle 
storage of any kind. 
SETBACK. The required minimum horizontal distance between the nearest 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 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. Any center with a single or combined use that 
occupies more than 125,000 square feet of floor area shall be considered Retail, 
Large as defined herein.

32 
SIGN. Any visual element, or combination of elements, including words or 
symbols, designed or placed to attract attention or convey information, including 
any device providing identification, advertising or directional information for a 
specific business, service, product, person, organization, place, or building, 
including graphic devices such as logos, obtrusive colored fascia or architectural 
elements, banners, balloons, streamers, inflatable structures, exterior merchandise 
displays, projected picture signs, holographic projection signs and other attention 
attracting media and devices. 
SIGN, A–FRAME. A temporary sign, normally supported by its own frame and not 
affixed to a structure or permanently ground mounted. It is positioned upright in a 
manner that forms an “A” when in use; also referred to as a “sandwich” or “tent” 
sign. 
SIGN, ABANDONED. 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. 
SIGN, ADVERTISING.  A temporary or permanent sign which includes any copy 
and/or graphics relating to any business, service, product, person, organization, 
place, or building in addition to simple identification. 
SIGN, ALTERATION. Any change in architecture, structure, or copy of an existing 
sign. 
SIGN, ANIMATED. A permanent sign with actual motion, including light changes 
or color changes, or the illusion of motion. 
SIGN, ATTACHED OR WALL MOUNTED. A permanent sign that is directly 
attached to the façade or face of a building.  
SIGN, AWNING/CANOPY. A permanent sign displayed on, or attached flat 
against, the surface or surfaces of an awning, canopy or any other surface 
attached to a building that provides shelter. 
SIGN, BANNER. A temporary sign made of fabric, plastic, or other pliable material 
without a rigid structural support or internal illumination on which advertising copy 
or graphics may be displayed to promote a business or event. This definition shall 
not include promotional signs as defined herein.  
Sign, BILLBOARD. See Off-Premise Sign 
SIGN, BUILDING MOUNTED. Any sign mounted onto the vertical surface of a 
building; see Sign, Wall. 
SIGN, BUSINESS. A permanent sign that directs attention to a business or 
profession or to a commodity or service sold, offered or manufactured or to an 
entertainment offered on the premises where the sign is located.

33 
SIGN CABINET. An enclosed frame constructed to hold internal components and 
covered by a face to hold the advertising sign. 
SIGN, CANOPY. See Sign, Awning/Canopy. 
SIGN, CHANGEABLE COPY. A permanent sign constructed to hold individual 
letters or individual text sections that are mounted in or on a track system. 
Changeable Copy Signs are usually used as directory signs. 
SIGN, CONSTRUCTION. A temporary sign erected on the premises where 
construction is taking place during the period of such construction indicating the 
names of the architects, engineers, landscape architects, contractors or similar 
artisans and the owner, financial supporter, sponsors and similar individuals or 
firms having a role or interest with respect to the structure or project.  
SIGN COPY. The letters, words, or graphics used to convey information on the 
sign. 
SIGN, DIRECTIONAL. A sign, supplying pertinent maneuvering guidance for the 
purpose of promoting safety and the flow of vehicular or pedestrian traffic (i.e. “one 
way”, entrance”, “exit”, etc.). 
SIGN, DIRECTORY. A sign listing the names and/or uses, and/or locations of the 
various tenants or activities within a building, or in a multi–tenant development, or 
group of buildings. Directory Signs may also be constructed as Changeable Copy 
Signs. 
SIGN, ELECTRONIC MESSAGE CENTER. A permanent sign that uses 
computer–generated or electronic components to change advertising copy, 
messages or color, including signs that flip or rotate. 
SIGN, EXTERNALLY ILLUMINATED. A permanent or temporary sign exposed to 
external artificial lighting (and shielded to prevent light spillage). 
SIGN FACE. The area or display surface used for the message. 
SIGN, FASCIA. A sign that is permanently affixed to the horizontal member or 
surface at the edge of a projecting roof. 
SIGN, FLASHING. A permanent sign with an intermittent, repetitive or flashing 
light source. 
SIGN, FREESTANDING/MONUMENT. A permanent sign that has its own 
supporting structure independent of the building or business it identifies. 
SIGN, GAS FILLED.  Any sign that uses neon, argon, krypton or any similar gas 
to illuminate transparent or translucent tubing or other materials, or any use of 
neon, argon, krypton or any similar gas lighting on or near the exterior of a building 
or window. 
SIGN, GROUND MOUNTED. A Freestanding Sign with no visible base.

34 
SIGN, HOLIDAY DECORATION. A temporary sign in the form of decorations 
and/or window painting that are clearly incidental to and customarily and commonly 
associated with any national, state, local or religious holiday. 
SIGN, IDENTIFICATION. A sign that contains only the name of the business, 
street address, person, organization, place, or building at that location. 
SIGN, ILLUMINATED. A permanent sign, that is lighted, either externally or 
internally. 
SIGN, INTERNALLY ILLUMINATED. A sign constructed with a light source within 
the sign structure and positioned behind the face of the sign. 
SIGN, LEGAL NON–CONFORMING. Any permanent sign in existence or under 
construction, as of the effective date of this Ordinance, which does not conform to 
the provisions of this Ordinance but which was or is being constructed, erected or 
maintained in compliance with all previous regulations. 
SIGN, LOGO. A graphic symbol representing a business, activity, or use. 
SIGN 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. 
SIGN, MANSARD. A sign permanently affixed to a wall or surface not more than 
20 degrees from vertical at the upper edge of a building and extending parallel with 
the mansard roof line or parapet upon which the sign is attached. Any sign 
proposed for a building with a Mansard Roof shall have the top of the sign 
mounted no higher than the lowest point of any portion of the roofline. 
SIGN, MENU BOARD. A permanent sign with a changeable face oriented to the 
drive–through lane of a business that advertises the menu items or services 
available from the drive–through window. 
SIGN, MULTIPLE TENANT COMPLEX/BUILDING. A permanent sign for a 
building complex or center that contains any number of businesses, greater than 
one, that share the same site and use common points of vehicular ingress and 
egress to and from the site. 
SIGN, MURAL.  A graphic depiction painted on a section of wall which contains no 
written advertising. 
SIGN, NAMEPLATE. A permanent sign that may include street number and name, 
business hours, and business logo. 
SIGN, NONCOMMERCIAL. A sign which does not contain information or 
advertising for any business, commodity, service, entertainment, or product. 
SIGN, NON-CONFORMING. A sign lawfully erected and maintained prior to the 
adoption of this code which does not conform with the requirements of this code.

35 
SIGN, OFF–SITE/OFF–PREMISE. Any permanent or temporary sign that may 
display a message, whether commercial or noncommercial, that may not 
necessarily relate to the premises upon which the sign is located. 
SIGN, ON–SITE/ON–PREMISE. Any permanent or temporary sign which pertains 
to the business operated, activity conducted or products sold or manufactured on 
the premises upon which the sign is located; or which displays a noncommercial 
message installed or caused to be installed only by the property owner and/or 
lessee of the property upon which the sign is located. 
SIGN PANEL. The area enclosing the copy and graphic components of a sign. 
SIGN, PARAPET. A sign mounted to the face of a building parapet. 
SIGN, PERMANENT. Any sign set in the ground with its own foundation or which 
is painted on or otherwise anchored to a building, wall or other permanent structure 
and any of which are installed to achieve a lasting and enduring condition and 
location. 
SIGN, POLITICAL. A temporary sign that identifies a person, expresses a position, 
conveys a message concerning, or advocates a position on, the candidacy of a 
person, party or issue on an upcoming ballot. 
SIGN, PORTABLE. Any sign not affixed to a structure or the ground. 
SIGN, PROJECTING. A sign attached to a building or other structure and extending 
in whole or in part more than 14 inches beyond the building. 
SIGN, PROMOTIONAL. Any temporary sign used to advertise special sales, new 
products or services, or promotions, for a business and may include swooper signs, 
pennants, balloons, streamers, flags, inflatable structures, character or product 
likenesses, and other non-merchandise displays. This definition shall not include 
banner signs as defined herein. 
SIGN, PUBLIC. 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. 
SIGN, READER/SIGN BOARD. A permanent, non–electronic sign only for public 
facility land uses that conveys schedules of events, rules, regulations, 
announcements, or similar messages. 
SIGN, ROOF. Any sign affixed on, above or over the roof of a building so that it 
projects above the roofline is prohibited. The top of a parapet wall shall be 
considered the roofline. The vertical portion of a Mansard Roof shall be considered 
the roofline. The top of the fascia of a hipped roof shall be considered the roofline. 
Where a parapet wall is combined with a mansard roof, the roofline shall be the top 
of the parapet. 
SIGN, SANDWICH. See Sign, A–Frame.

36 
SIGN, SPHERICAL. A permanent sign that is three (3) dimensional and embodies 
imagery of a symbol (i.e. book, shoe, glasses, etc.) that assists in advertising a 
downtown business. 
SIGN, STREET ADDRESS/NUMBER. A permanent sign located on–site, 
consisting of numerals and letters identifying a property address. 
SIGN STRUCTURE. The supports and framework of the sign. 
SIGN, SWOOPER. A feather-shaped fabric sign attached to a curved frame. Also 
referred to as a blade sign. 
SIGN, TEMPORARY. A sign intended to display either commercial or non–
commercial messages of a transitory or temporary nature. Portable signs, any sign 
not permanently embedded in the ground, or signs affixed to a building, wall, 
fence, or sign structure for a non–permanent time period, are considered 
temporary signs. A banner, pennant, flag, poster, balloon, construction sign, 
political sign or an A–frame sign shall be considered a temporary sign. 
SIGN, TWO–PART. A permanent sign composed of two (2) sign panels, at an 
angle equal to or more than 45 degrees, whose aggregate sign area shall be 
computed from the total of both panels. 
SIGN WALKER. A person, who wears, holds or balances a portable sign. 
SIGN, WALL. 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. 
SIGN, WEEKEND DIRECTIONAL. A temporary sign typically placed on weekends 
within the right-of-way that is designed for providing direction and/or orientation for 
pedestrian or vehicular traffic. 
SIGN, WINDOW PERMANENT. Any permanent sign, pictures, symbols or 
combination thereof, designed to communicate information about an activity, 
business, commodity, event, sale or service that is affixed to, or located within any 
area six (6) feet behind a window pane, positioned to be read from the exterior of a 
building. 
SIGN, WINDOW TEMPORARY. Any temporary sign, pictures, symbols or 
combination thereof, designed to communicate information about an activity, 
business, commodity, event, sale or service that is painted to a window pane.  
SIGN, YARD. Small placard-type signs that are typically associated with, but not 
limited to, the advertisement of real estate, political campaigns, and meeting or 
event announcements. 
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.

37 
SOBER LIVING HOME. Any premises, place or building that provides alcohol-free 
or drug-free housing, promotes independent living and life skill development and 
provides structured activities that are directed primarily toward recovery from 
substance use disorders in a supervised setting to a group of unrelated individuals 
who are recovering from drug or alcohol addiction and who are receiving outpatient 
behavioral health services for substance abuse or addiction treatment while living in 
the home. This does not include a private residence in which a related family 
member is required to receive outpatient behavioral health services for substance 
abuse or addiction treatment as a condition of continuing to reside in the family 
dwelling. 
SOLAR GENERATION FACILITY. An electrical energy generation plant comprised 
of one or more freestanding, ground-mounted devices that capture solar energy and 
convert it to electrical energy for use by an off-site electric utility provider. Solar 
generation stations typically utilize photovoltaic solar cells, but they can also be 
combinations of light reflectors, concentrators, and heat exchangers. A solar 
generation station is also known as a solar plant, solar generation plant, solar farm, 
concentrated solar power plant, solar power plant, or solar thermal power plant (if 
non-photovoltaic). 
STABLE A building, usually consisting of multiple stalls, for the lodging of horses or 
other livestock.             
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 major or minor street with access control, signals at

38 
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. 
TATTOO PARLOR & PIERCING SALON. A business that provides services 
including tattooing (marking the skin with any indelible design, letter, scroll, figure, 
symbol or any other mark that is placed by the aid of needles or other instruments 
upon or under the skin with any substance that will leave color under the skin and 
that cannot be removed, repaired or reconstructed without a surgical procedure)and 
or piercing (the practice of puncturing or cutting a part of the human body, creating 
an opening in which jewelry may be worn, or where an implant could be inserted). 
TEMPORARY USE OR BUILDING. A use or structure permitted under this Code to 
exist for a limited period of up to four (4) months or at the discretion of the Zoning

39 
Administrator, unless otherwise stated within this Code 
TRAILER. A device designed for transportation on its own wheels and drawn by 
another vehicle and designed for the purpose of transportation of items. 
TRANSPORTATION TERMINAL. A facility intended for the use of buses or trains 
to stop and load/ unload passengers. Passengers may also purchase tickets and 
concessions at the facility. 
TRAVEL PLAZA/ TRUCK STOP. A facility whose primary purpose is to provide 
service and maintenance to commercial trucks and tractor-trailers, including bays 
for truck washing and fuel dispensing, but excluding the overhaul of large 
commercial trucks or engines. A travel plaza may also include overnight 
accommodations and restaurant facilities primarily for the use of truck crews. Other 
facilities may also be present, such as convenience markets and restaurants. 
TURF FACILITY. A land area of five acres or more of continuous turf or grass that 
is not agricultural use. 
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. 
UTILITY FACILITY, MINOR. A service that is necessary to support development 
within the immediate vicinity and that involves only minor structures. Employees

40 
typically are not located at the site on an ongoing basis. Examples include, but are 
not limited to: electric transformer stations; gas regulator stations; telephone 
exchange buildings; well, water, and sewer pumping stations; water storage tanks; 
and water pressure regulating stations. 
UTILITY FACILITY & SERVICE YARD, MAJOR. A service of a regional nature that 
normally entails the periodic construction/expansion of buildings or structures, and 
that typically has employees on the site on an ongoing basis. Examples include, but 
are not limited to wastewater treatment plants, water treatment plants, reservoirs, 
power plants, and accessory maintenance yards. 
VACATION HOME RENTALS. Vacation home rentals are limited to individually or 
collectively owned single-family or one-to-four-family house or dwelling units or any 
unit or group of units in a condominium, cooperative or timeshare, that is also a 
transient public lodging establishment or owner-occupied residential home offered 
for transient use if the accommodations are not classified for property taxation under 
ARS Section 42-12001. Use of any other unit, dwelling or group of units or dwellings 
as a vacation rental or short-term rental is prohibited. Vacation rentals do not include 
a unit that is used for any nonresidential use, including retail, restaurant, banquet 
space, event center or other similar use. 
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, COMMERCIAL. 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. 
VEHICLE, INOPERATIVE. 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

41 
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. 
WALL. An artificially constructed barrier of solid stucco, masonry, rock or concrete 
material erected to enclose or screen areas of land. 
WASTE FACILITY. A facility primarily engaged in the storage, transfer, or 
transformation of waste from households, businesses, and industries. Includes 
landfill, transfer station, and recycling facilities. 
 Landfill: A planned and approved method or system of solid waste disposal 
in which the solid waste is disposed or buried in thin layers, compacted by 
earth or other approved methods. Disposal of liquid waste or chemicals, or 
other potentially toxic substances is not permitted.  
 Transfer Station: A facility or site where solid waste from households, 
businesses, and industries is transferred from one type of collection vehicle 
or container to another. Transfer activities occur entirely within covered 
structures. A transfer station is an intermediary point between the locations 
of waste generation and the sites of ultimate processing or disposal. This 
term does not include liquid waste transfer, hazardous or toxic waste 
disposal, solid waste disposal, or liquid waste recycling or refining activities. 
 Recycling: the collection of materials that would otherwise occupy landfills 
and processing them into new or reusable products. 
 Recycling Facilities: A public or private facility designed for the conversion 
of waste into reusable materials. May include plastics, glass, paper, metal, 
hazardous materials and fluids etc. May be located independently or 
attached to a transfer station or landfill. 
WATCHMAN’S QUARTERS. A dwelling unit that is attached to or detached from a 
principal nonresidential building that may be used as a permanent residence for 
employees of businesses or property owners when their presence is required for

42 
security purposes by the employer 24 hours a day. 
WHOLESALE ESTABLISHMENT. An establishment primarily engaged in the sale 
or distribution of goods and materials in large quantity to retailers or other 
businesses for resale to the general public or business customers, and limited retail 
uses when directly associated with the wholesale use. This term shall not include 
heavy manufacturing, resource extraction, bulk storage of hazardous materials, or 
scrap or salvage operations. Wholesale uses that sale to the general public, 
including membership-based uses, shall be considered retail, large. 
WIRELESS FACILITY. A facility used for the transmission and/or reception of 
wireless communication services, usually consisting of antennas, microwave dishes, 
and similar structures. Supporting equipment includes buildings, shelters, cabinets, 
towers, electrical equipment, parking areas, and other accessory development. 
Specific use types include, but are not limited to: 
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. 
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. 
BROADCASTING OR RECORDING STUDIO (NO TOWER) – A building or 
portion of a building used as a place for radio or television broadcasting or

43 
recording but without a transmission tower. 
BUILDING-MOUNTED ANTENNA. Any antenna that is attached to the wall 
of, or integrated into, buildings, religious assembly 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. 
POLE. The term “pole” shall be used interchangeably with the term 
“monopole.” 
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:

44 
               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. 
TRANSMITTING STATION (NO TOWER) – Any facility utilized for the 
transmission of broadcast information but without a transmission tower. This 
use includes wireless communication facilities without towers. 
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, 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.   
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.  
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. 
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)

45 
ADMINISTRATION 
 
§ 154.035  ADMINISTRATIVE AGENCIES. 
The following will have primary responsibility of administering this chapter as established 
and prescribed in this subchapter: 
 City Council as established in Chapter 32 of the El Mirage City Code 
 Planning and Zoning Commission; 
 Board of Adjustment; and 
 Zoning Administrator. 
(Prior Code, § 21-2-1) 
 
§ 154.036  PLANNING AND ZONING COMMISSION. 
 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. 
 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. 
(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. 
 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

46 
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. 
 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 findings, and determinations, which record shall be a public record.  
 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, delegate review, or recommend decisions of plats, site plans for 
residential 
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;

47 
(5) 
Make and recommend decisions to the City Council regarding conditional uses 
as provided for under this chapter; 
(6) 
Determine and make decisions regarding 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. 
 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. 
 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, 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. 
 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.

48 
 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. 
 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.

49 
(Prior Code, § 21-2-3) 
 
§ 154.038  ZONING ADMINISTRATOR. 
 Establishment of Zoning Administrator. Pursuant to A.R.S § 9-462.05, 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. In the event that no such person is appointed or if the Zoning Administrator 
becomes unavailable, the Community Development Director or their designee shall 
serve as the Zoning Administrator. 
 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.

50 
(Prior Code, § 21-2-4) 
 
§ 154.039  METHOD OF DOCUMENTING AMENDMENTS. 
 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). 
 Amendments will be followed by the ordinance number and date of adoption which 
shall appear in parentheses. 
 The table of contents shall be amended as necessary to reflect the amendments. 
(Prior Code, § 21-2-5)

51 
ZONING DISTRICTS 
 
§ 154.050  ZONING DISTRICTS AND MAP ESTABLISHED 
 For the purpose of this chapter, the city shall be divided into the following zones: 
      
(1) 
Natural Reserve (NR) Zone. - The NR zone preserves or encourages the 
continuation of lands designated for park use, drainage corridors and natural 
open space. This district provides additional flexibility through conditional uses 
to recognize potential mining resources as well as other complimentary uses 
that may support the integration of park, drainage and natural open space 
lands as an essential component of the existing and future city land use and 
recreation framework.  
(2) 
Rural Area (RA) 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) 
Suburban Neighborhood (SN) Zone. - The SN zone promotes and 
preserves safe and attractive low-density, single-family neighborhoods. This 
district prohibits most commercial activities except for certain conditional 
neighborhood serving uses. The SN zone is generally comprised of medium 
sized suburban single-family, detached residential lots, but single-family 
attached uses may be conditionally permitted. Some limited recreational and 
public/quasi-public uses are permitted, 
(4) 
Mobile/Manufactured Park (MP) Zone. – The MP zone accommodates 
residential communities designed for mobile home and manufactured home 
dwelling units in a park like setting. Some limited recreational and public/quasi-
public uses are permitted.   
(5) 
Mixed Urban (MU) Zone. – The MU zone enhances the character of and 
creates a unique identity for the original City center, to protect existing 
residential neighborhoods by creating zoning suitable to the area’s unique 
development pattern, while also attracting quality development and 
redevelopment in particular areas of the City. Uses in this district include a 
diverse range of housing types ranging from single-family, detached to single-
family, attached residences. The MU zone also supports neighborhood scale 
commercial and office uses. It is the intent of the MU zone to encourage 
physical development that is of high quality and is compatible with the 
character, scale, and function of its surrounding area. Development within this 
zone may also contain a compatible mix of residential and non-residential 
uses (mixed-use) in close proximity to each other, rather than separating uses.  
(6) 
Urban Corridor (UC) Zone. - The UC zone provides retail goods and services 
to satisfy the household and personal needs of the residents of nearby 
residential neighborhoods, those traveling on adjacent arterial corridors, and 
to allow for higher intensity general business and service activities. 
Development in the UC zone should be located and designed to allow for

52 
access by pedestrians, bicyclists, and public transportation, in addition to 
automobiles. The UC zone is intended to serve “image making” areas in El 
Mirage such as key gateways and arterial street and above corridors. The UC 
zone supports distinctive, unified design elements that generate a 
recognizable character. 
(7) 
Transit Development (TD) Zone. - The TD zone fosters special, sustainable 
and urban places adjacent to principal arterial roadways that accommodate 
places to live, work, shop, and recreate. It includes high intensity businesses 
and high-density residential uses that are in proximity to transit. The variety of 
use types is greater than the other subdistricts and may include civic and 
entertainment uses.  
(8) 
Commerce Park (CP) Zone. - The CP zone provides employment centers 
with offices, office showrooms, light assembly and manufacturing, research 
and development operations, and a limited range of associated retail services, 
at a low- to medium scale with high building design quality in an integrated or 
campus-like setting.  
(9) 
Employment/Industry (EI) Zone. - The EI zone is provides locations for more 
intensive industrial uses that may not be appropriate for other zones, while 
mitigating impacts on surrounding areas to the extent practicable. It also 
includes certain public facilities that are needed to serve this district. 
(10) Floodway Zone (FW). 
(11) Floodplain Zone (FP). 
(12) 65-70DB Noise Zone (65LDN). 
(13) 70-75DB Noise Zone (70LDN). 
(14) 75-80DB Noise Zone (75LDN). 
(15) 80+DB Noise Zone (80LDN). 
(16) APZ1 Accident Potential Zone 1 (APZ1). 
(17) APZ2 Accident Potential Zone 2 (APZ2). 
 The location and boundaries of the zoning districts established by this Code shall be 
designated upon the official “Zoning Map of the City of El Mirage.” The Zoning Map, 
together with all data shown on the map and all amendments hereafter adopted, is 
by reference made a part of this Code. 
 The official Zoning Map shall be located in and maintained by the City of El Mirage 
Community Development Department and made available for inspection at City Hall. 
(1) 
Any changes to the official Zoning Map shall be considered an amendment to 
the official Zoning Map and filed in accordance with Section 154.153 of this 
Code.  
(2) 
The official Zoning Map may, from time to time, be republished to delineate 
any change of zoning approved pursuant to Section 154.153 of this Code or 
any other amendments thereto.

53 
 
  
(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: 
 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. 
 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. 
 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. 
 Where zone boundaries are indicated as approximately following the center line or 
stream beds or riverbeds, the center lines or the lines extended shall be construed 
to be the boundaries. 
 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) 
 Where a public street or alley, railroad, or utility right-of-way is officially vacated or 
abandoned, the property that was formerly in the right-of-way will be included within 
the zoning district of the adjoining property on either side of the centerline of the 
vacated or abandoned right-of-way or easement. 
 In case of doubt or disagreement concerning the exact location of a district line, 
determination shall lie with the Zoning Administrator as defined under Section 
154.038. The determination of the Zoning Administrator may be appealed in 
accordance with the provisions of Section 154.153. 
 
 
§ 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:  
 
 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.

54 
 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 Section 154.020 Definitions.  
 Permitted Uses - “P” in a cell indicates that the use is allowed by right in that zoning 
district.  
 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 
Section 154.157, Conditional Use Permits.  
 Not Permitted - “--” in a cell indicates that the use is not permitted/prohibited in that 
zoning district.  
 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 Ordinance may 
also apply.  
 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 
Section 154.020. Appeal of the Administrator’s decision may be made to the City 
Council following the procedures under Section 154.161. 
 
Table Of Allowed Uses for All Zoning Districts 1 
Use 
Category 
Specific Use Type 
P = Permitted Use 2    C = Conditional Use      
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 
P 
154.092(D)(4) 
Public Art 
C 
P 
P 
C 
P 
P 
P 
P 
C

55 
Table Of Allowed Uses for All Zoning Districts 1 
Use 
Category 
Specific Use Type 
P = Permitted Use 2    C = Conditional Use      
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  
Livestock  
C 
P 
  
  
  
  
  
C 
P 
154.092(D)(3) 
Stable 
C 
P 
  
  
  
  
  
C 
P 
154.092 
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 
P  
  
  
  
  
  
Dwelling, Modular Home 
 
P 
P 
C 
P 
 
 
 
 
 
Dwelling, Multi-Family 
C 
  
C  
  
C 
C 
P 
  
  
  
Dwelling, Single-Family Attached 
  
  
C 
C 
P 
  
P  
  
  
  
Dwelling, Single-Family Detached  
  
P 
P 
C 
P 
  
  
  
  
  
Group Care Home 
  
C 
C 
C  
C 
 
 
  
  
154.086  
Manufactured Home/RV Park5 
  
  
  
P 
  
  
  
  
  
  
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 
  
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

56 
Table Of Allowed Uses for All Zoning Districts 1 
Use 
Category 
Specific Use Type 
P = Permitted Use 2    C = Conditional Use      
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  
Library 
C 
  
  
C 
P 
P 
P 
P 
C 
  
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 Sale4 
  
  
  
  
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 
  
Convenience Store4  
  
  
  
  
P 
P 
P 
P 
P

57 
Table Of Allowed Uses for All Zoning Districts 1 
Use 
Category 
Specific Use Type 
P = Permitted Use 2    C = Conditional Use      
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  
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 
  
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

58 
Table Of Allowed Uses for All Zoning Districts 1 
Use 
Category 
Specific Use Type 
P = Permitted Use 2    C = Conditional Use      
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  
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 exempt from the site plan approval process 
3. 
Limited to arterial street frontage only. 
4. 
Drive through’s 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.

59 
(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/Manufactured 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. * 
MINIMUM SETBACKS-ACCESSARY BUILDING, STUCTURES & USES 
See Section 154.092(B) 
MAXIMUM BUILDING HEIGHT*** 
Principal 
(height/stories) 
per site 
plan** 
30 ft./2 
30 ft./2 
30 ft./2** 30 ft./2** 40 ft./3** 70 ft./5** 
66 ft.** 
  
* 
No setback is required if structure is fire resistant per International Building Code 
and Fire Code (IBC and IFC). 
** 
Principal Buildings may exceed the maximum building height or stories with 
Conditional Use Permit approval.  
*** 
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) 
**** The minimum rear setback for developments over 30 acres shall be fifteen (15) feet.

60 
 
 
SPECIAL & OVERLAY DISTRICT REGULATIONS 
 
§ 154.065  PLANNED AREA DEVELOPMENT (P.A.D.) SPECIAL DISTRICT. 
 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: 
(a) 
enhance the city in order that the public health, safety, and general 
welfare be maintained as the city increasingly urbanizes;  
(b) 
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;  
(c) 
reflect changes in the technology of land development;  
(d) 
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  
(e) 
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. 
 
 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) 
Conformance with City Ordinances and Regulations. A P.A.D. shall conform 
to all regulations pertaining to land development within this Code and the 
Subdivision Ordinance, and all other rules, regulations, specifications and 
standards set forth in all other applicable City Codes, unless specific 
deviations are approved by the City Council during the P.A.D. approval 
process. 
(4) 
Official Zoning Map. All approved P.A.D.’s shall be shown as a P.A.D. Special

61 
District on the City’s official zoning map 
(5) 
P.A.D. size 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 by the Zoning Administrator 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. 
(6) 
P.A.D. general regulations. Unless otherwise expressly modified as part of the 
PAD approval process, PADs shall utilize the base zoning districts and all 
applicable standards established in this Code to regulate all proposed uses 
and development. The City Council is authorized to approve PADs that deviate 
from strict compliance with specified standards if they determine that the 
resulting development satisfies the approval criteria of Section 154.160 below. 
The PAD standards may be more or less restrictive than those in the Code 
subject to the following: 
(a) 
Uses permitted by right or by conditional use permit within a base zoning 
district may be permitted within said PAD zoning districts. PAD zoning 
districts may not include uses that are not permitted within a base zoning 
district, but may modify or define standards for the operation and 
performance of permitted/conditionally permitted uses within PAD 
zoning districts.  
(b) 
Development standards pertaining to the size, dimensions, height, lot 
coverage, placement, or setback of uses may be defined.  However, 
the total number of dwelling units in a PAD Plan shall not exceed the 
maximum number permitted by the General Plan density for the total 
area of the PAD designated for residential use. 
(7) 
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. 
(8) 
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. 
(9) 
Phasing of development. 
(a) 
Any P.A.D. plan proposed to be constructed in phases shall include full

62 
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 landowner 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. 
(10) 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. 
(11) Open space provision. At least 10% 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 10% shall be private and what shall be public. 
(12) 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: 
(i) 
The landowners association must be established prior to any sale; 
(ii) 
Membership may be mandatory for each owner and any 
successive buyer; 
(iii) The open space restrictions must be permanent or tied to a long-
term agreement (e.g., 99 years); 
(iv) The association must be responsible for liability insurance and the 
maintenance of recreational, service, and other facilities as 
deemed necessary by the city; 
(v) 
Landowners must pay their pro rata share of the cost and the

63 
assessment levied by the association that can become a lien on 
the property in accordance with Arizona Statutes; 
(vi) The association must be required to adjust its assessment to meet 
changing needs; and 
(vii) 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. 
(13) 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. 
(14) Utilities. All utilities, including electricity and telephone, shall be installed 
underground. 
(15) 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. 
 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). 
 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. 
 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. 
 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. 
 Non-conforming uses. Non-conforming uses in the floodway overlay zone shall not

64 
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). 
 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. 
 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. 
 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. 
 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. 
 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: 
(i) 
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; 
(ii) 
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; 
(iii) All components of the anchoring system are capable of carrying a 
force of 4,800 pounds; and 
(iv) Any additions to the mobile home be similarly anchored.

65 
(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. 
 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: 
(i) 
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; 
(ii) 
Have structural components capable of resisting hydrostatic and 
hydrodynamic loads and effects of buoyancy; and 
(iii) 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:

66 
(i) 
Be flood proofed so that below the base flood level the structure is 
watertight with walls substantially impermeable to the passage of 
water; 
(ii) 
Have structural components capable of resisting hydrostatic and 
hydrodynamic loads and effects of buoyancy; and 
(iii) 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). 
 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. 
 Zone and area boundaries. All zoning and rezoning ordinances or regulations shall 
be subject to provisions of A.R.S. § 28-8481 et seq. 
 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 § 154.152 and § 154.153 
of this chapter.

67 
(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. 
 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

68 
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 NR 
NR 
NR

69 
facilities 
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 § 
154.107 of this chapter. 
 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. 
 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. 
 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)

70 
§ 154.069  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: 
 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. 
 On-site parking shall be provided in the side and/or rear of the property. 
 Awnings may be built to front property lines or projecting over rights-of-way to 
provide shade to building facades and adjacent pedestrian walkways. 
 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. 
 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. 
 Notwithstanding the requirements as set forth above, any other building 
configurations may be considered and approved by conditional use permit. 
 These provisions shall not hinder the continued use of any existing buildings but any 
additions or new structures shall comply with these regulations. 
 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)

71

72 
SPECIFIC USE REQUIREMENTS  
 
§ 154.085 ADULT OR SEXUALLY ORIENTED BUSINESS  
 Location Regulations. 
(1) 
Findings, purpose and intent. 
(a) 
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. 
(b) 
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. 
(c) 
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. 
(d) 
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. 
(2) 
Prohibited locations of any type of adult or sexually oriented business: 
(a) 
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. 
(b) 
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 1,000 feet of an existing adult or sexually oriented business or 
establishment having an Arizona Spirituous Liquor License Series #06 
or #07; or 1,320 feet of an existing: 
(i) 
Religious assembly (including synagogue or other house of 
worship); 
(ii) 
School (public, private or charter); 
(iii) Public park; 
(iv) Residential use or residentially zoned property; 
(v) 
Child care center; or 
(vi) Designated historic district. 
(c) 
The measurement of the distance, for the purposes of division (2)(b) 
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 religious assembly, school, child care center, or adult business,

73 
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. 
(d) 
The measurement of the distance for the purposes of division (2)(b) 
above shall also include religious assemblies, 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. 
(e) 
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) 
 
 Application. Submittal or application for adult or sexually oriented business use: 
(1) 
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 § 154.085(A)(2) above. This application 
shall state the distance from each of the uses identified in § 154.086(A)(2) 
above. 
(2) 
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) 
 
 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) 
 
 
§ 154.086  RESIDENT CARE HOMES, GROUP CARE HOMES AND ASSISTED 
LIVING CENTERS

74 
 
 Resident Care Homes, Group Care Homes, and Assisted Living Centers are subject 
to the following criteria (unless permitted by Section 36-582(A), Arizona Revised 
Statutes): 
(1) 
The location of a Resident Care Home, Group Care Home, or Assisted Living 
Center shall be approved by the Development Services Department subject to 
any additional requirements as defined in Section 154.052;   
(2) 
A Resident Care Home, Group Care Home or Assisted Living Center shall not 
be located within twelve hundred (1200) feet, measured by a straight line from 
lot line to lot line, of another Resident Care Home, Group Care Home or 
Assisted Living Center.  
(3) 
All buildings and premises shall be maintained in a clean, well-kept condition 
that is consistent in materials and design style with homes in the surrounding 
or adjacent neighborhood.  
(4) 
No exterior change which would alter its residential character shall be made 
to the exterior of the building(s) and the grounds;  
(5) 
Where legally required, the Resident Care Home, Group Care Home or 
Assisted Living Center shall be licensed by, certified by, approved by, 
registered with, or under contract with a Federal, State, or local government 
and evidence of such shall be provided to the Development Services 
Department within sixty (60) days of approval of the Planning Department;  
 An administrative record of each Resident Care Home, Group Care Home, and 
Assisted Living Center shall be maintained with the Development Services 
Department. 
 Disability Accommodation: An applicant may request a disability accommodation 
from the above criteria or a development standard pursuant to Section 154.053 of 
this Zoning Ordinance if the requirement prohibits a Resident Care Home or 
Assisted Living Center subject to the following: 
(1) 
A disability accommodation from a development standard or separation 
requirement shall not be authorized unless the Board of Adjustment shall find 
upon sufficient evidence all of the following: 
 
(a) 
The requested accommodation is requested by or on the behalf of one 
(1) or more individuals with a disability protected under Federal and 
Arizona fair housing laws (42 U.S.C. § 3600 et seq. And A.R.S. § 41-
1491 et seq.); 
(b) 
The requested accommodation is necessary to afford an individual with 
a disability equal opportunity to use and enjoy a dwelling; 
(c) 
The standard or requirement unduly restricts the opportunity for a person 
with a disability from finding adequate housing within the City of El 
Mirage;

75 
(d) 
The requested accommodation does not fundamentally alter the nature 
and purpose of the zoning ordinance of the City of El Mirage; 
(e) 
The requested accommodation will not impose an undue financial or 
administrative burden on the City, as "undue financial or administrative 
burden" is defined in Federal or Arizona fair housing laws (42 U.S.C. § 
3600 et seq. And A.R.S. § 41-1491 et seq.) And interpretive case law; 
(2) 
The profitability or financial hardship of the owner/service provider of a facility 
shall not be considered in determining whether to grant a disability 
accommodation. 
(3) 
The requested accommodation must comply with all applicable building and 
fire codes. 
(4) 
The requested accommodation must not, under the specific facts of the 
application, result in a direct threat to the health or safety of other individuals 
or substantial physical damage to the property of others. 
 
§ 154.087 DRIVE-THROUGH FACILITIES.  
This section shall apply to all principal uses that include a drive-through facility. 
 Menu boards shall not be placed facing the primary street. In addition, every effort 
shall be made to avoid placing payment and/or pick-up windows adjacent to public 
streets.  
 Drive through aisles that face or are adjacent to public streets shall be screened 
from public view by a minimum three-foot-tall masonry wall that matches the primary 
structure. 
 No drive-through aisles shall exit directly onto a public right-of-way. 
 Drive through queuing length shall be approved in accordance with the City 
Engineer. 
 Clearly marked pedestrian crosswalks shall be provided for each walk-in customer 
access point to the facility that is located adjacent to a drive-through lane(s). 
 
 
§ 154.088  HOME OCCUPATIONS. 
 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.  
 All Zones Except the Rural Area (RA) Zone

76 
(1) 
Generally. A home occupation is an accessory use of a dwelling unit, 
conducted entirely within the dwelling unit, and shall meet the following criteria: 
(a) 
The home occupation shall be carried on by one or more persons, all of 
whom reside within the dwelling unit;  
(b) 
No persons are employed other than residents or domestic help; 
(c) 
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;  
(d) 
There shall be no outside storage of any kind;  
(e) 
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;  
(f) 
The use may increase vehicular traffic flow and parking by no more than 
one additional vehicle at a time;  
(g) 
The use 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;  
(h) 
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;  
(i) 
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 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. 
(2) 
Necessary conditions. Home occupations are permitted accessory uses in 
residential use classifications only so long as all the following conditions are 
observed. 
(a) 
The occupation shall be conducted solely by resident occupants in their 
residence. 
(b) 
No more than one room including an attached garage 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. 
(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.

77 
(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. 
(e) 
There shall be no outside storage or any kind related to the home 
occupation. 
(f) 
The use may increase vehicular traffic flow and parking by no more than 
one additional vehicle at a time. 
(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. 
(h) 
Complaints by citizens or residents may be cause for termination of the 
home occupation. 
(i) 
Business signage shall be prohibited. 
(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; music instrument instruction; individual 
tutoring; insurance;; preserving and home cooking; realtor. 
(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; carpentry work; dental office; medical office; painting of vehicles, 
trailers, or boats;; private schools with organized classes; large appliance 
repair; and upholstering.  
(Prior Code, § 21-6-15) 
 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:

78 
(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,

79 
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 
154.104(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.

80 
(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. 
§ 154.089  MARIJUANA REGULATIONS 
 Purpose. The purpose of this Section and associated definitions is to incorporate 
use regulations and development standards related to the medical and responsible 
adult use of recreational marijuana and to provide for regulations necessary to 
protect the public health, safety and welfare for the general public by limiting the 
possible negative secondary effects of marijuana activities. The provisions of this 
Section, along with Chapter 97 and all other applicable Chapters of the El Mirage 
City Code, shall apply to all marijuana operations located within the corporate limits 
of the City of El Mirage, Arizona. 
 Marijuana Establishment and/or Nonprofit Medical Marijuana Dispensary. Marijuana 
Establishment and/or Nonprofit Medical Marijuana Dispensary as defined in this 
Ordinance are subject to the City Code of El Mirage, state law and all rules adopted 
by the Arizona Department of Health Services and the entity may only have retail 
sale / dispersal of product, with ancillary cultivation, extraction, and infusion for on-
site retail sale / dispersal of product. 
 Marijuana Cultivation Site and/or Marijuana Test Facility. Marijuana Cultivation Site 
and/or Marijuana Test Facility as defined in this Ordinance are subject to the City 
Code of El Mirage, state law and all rules adopted by the Arizona Department of 
Health Services. 
(Res R21-04-08, ratified 04-06-2021) 
 
§ 154.090 SPECIFIC USE LOCATION RESTRICTIONS. 
 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: 
(1) 
Non-chartered financial institutions and pawnshops shall be located no closer 
than 1,000 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, religious assembly, or city-owned park. (Ord. O13-02-03, 
passed 2-5-2013) 
(2) 
Tattoo parlors, and/or piercing salons shall be located no closer than 500 feet 
(property line to property line) to another similar use. 
 
§ 154.091  WIRELESS COMMUNICATION FACILITIES. 
 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

81 
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. 
 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. 
 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

82 
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

83 
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. 
 Conditionally permitted use. A wireless communication facility shall be a 
conditionally permitted use and processed in accordance with § 154.15 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

84 
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. 
 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

85 
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. 
 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) 
 
§ 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 
Ordinance. 
 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.  
 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

86 
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, excluding property 
line fences and walls, 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., 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 154.098. 
 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. 
 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

87 
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 
154.092(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 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. 
(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.

88 
(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. 
(Prior Code, § 21-6-4)  (Ord. O11-09-17, passed 9-22-2011) 
 
(4) 
Cargo Containers 
(a) 
Permitted Locations. Cargo containers are permitted as an accessory 
structure as identified in Section 154.052 subject to the following:

89 
(i) 
Cargo containers may not be placed, stored or used on property 
dedicated to principal uses listed in the Residential Use Category 
of Section 154.052, except as provided in division C of this section 
(ii) 
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 Section 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 division (b) and (c) below. 
(b) 
Standards and Regulations 
(i) 
Cargo containers shall not be stacked on one another, unless a 
Conditional Use Permit is obtained. 
(ii) 
Cargo containers shall not be used for living quarters and may be 
provided with the same provisions as buildings.. 
(iii) Cargo containers used for permanent storage must be placed on 
an asphalt or concrete surface and secured thereto. 
(iv) 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. 
(v) 
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 
(i) 
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. 
(ii) 
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: 
− The construction must be properly permitted by the city; 
− 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 
− 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.

90 
(iii) Containers used during moving may be placed on residential 
zoned property for a maximum of 14 days. 
(iv) Residential uses within the RA Zoning District may place and use 
cargo containers for permanent storage subject to the following:    
− 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. 
− 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.  
− Containers must be placed in the rear yard of the principal 
building and not on the street side of a corner lot. 
− Stacking of cargo containers shall be prohibited. 
− 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. 
(Ord. O09-10-12, passed 10-8-2009) 
 
(5) 
Outdoor Display and Sales 
(f) 
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:   
(i) 
Outdoor display and/or sale area shall be clearly defined on a site

91 
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. 
(ii) 
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. 
(iii) Display/sale of goods shall not be in any public right-of-way. 
(iv) 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. 
(v) 
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. 
(vi) 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. 
(vii) Shall be managed so that display structures and goods are 
maintained at all times in a clean and neat condition, and in good 
repair. 
(viii) 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

92 
permit submittal. 
 
§ 154.093  TEMPORARY USES AND STRUCTURES   
 
 Purpose 
This Section allows for the establishment of temporary uses and/or activities that 
might not meet the normal development or use standards of the applicable zoning 
district, but may be considered acceptable because of their temporary nature. These 
activities are regulated to ensure that basic health, safety, and community welfare 
standards are met, while also ensuring compatibility is maintained between the 
proposed activity and surrounding areas. 
 Temporary Use Approval 
All allowed temporary uses shall obtain a Temporary Use permit, (unless otherwise 
stated in Section 154.093(C) or exempt as identified in subsection 154.093(D)), 
pursuant to Section 154.159 Temporary Use Permit, of this Ordinance and provided 
that the temporary use complies with the standards and/or conditions specified in 
subsection C below.  
 
 Allowed Temporary Uses and Structures 
(1) All temporary uses and structures, unless otherwise specified, shall comply 
with the dimensional and development standards of the zoning districts in which 
they are located. In the case of any conflict, the more restrictive standards, as 
determined by the Zoning Administrator, shall apply. 
(2) 
A construction trailer/yard may be permitted in any Zoning District during the 
construction of a permanent building when a valid building permit is in effect, 
provided the following conditions are met: 
(a) 
The uses are only associated with the developer/owner and subdivision 
or project in which they are located. 
(b) 
Off-street parking shall be provided for the office and construction staff. 
(c) 
Such structures and uses shall be located on the site no more than 30 
days prior to the start of construction and removed no more than 30 days 
after completion of the project or expiration of the approved TUP, 
whichever occurs first. Unless satisfactory evidence is provided by the 
property owner/contractor justifying the need for the extension of these 
time limitations.  
(d) 
The construction trailer/yard complex shall be permitted for no longer 
than 1 year from the date of such approval, and may be renewed for like 
periods thereafter upon submittal of satisfactory evidence from the 
property owner indicating that the need for the use continues to exist on 
the property. 
(3) 
A temporary sales office, leasing office or model home may be permitted,

93 
provided the following conditions are met:  
(a) 
Such offices shall be located on the property being offered for sale or 
lease.  The temporary structures use shall be limited to the sale or lease 
of on-site subdivided lots, dwelling units, or other types of on-site real 
property. 
(b) 
Off-street parking shall be provided for the sales office or model home. 
(c) 
All structures must meet all building code and permit requirements for 
the appropriate category of construction. 
(d) 
Any Temporary Use Permit (TUP) approved for such office shall be 
limited to a period of time not to exceed two (2) years from the date of 
issue and said permit may be renewed for like periods thereafter if the 
real property being offered for sale or leased on the site has not been 
sold or leased.  
(e) 
Upon sale of the development, cessation of the need for the use (90% 
buildout) or termination of TUP, whichever comes first, all modifications 
to structures and uses shall be removed. 
(4) 
Carnivals, Circuses, Concerts, Revivals, Rodeos and Similar Activities may be 
permitted, provided the following conditions are met: 
(a) 
A Temporary Use Permit shall be obtained or a Special Event Permit as 
determined by the Zoning Administrator. 
(b) 
Staff shall ensure that health and fire safety is considered and shall 
solicit the comments of the County Health Department and Fire 
Chief/Marshall as necessary. 
(c) 
Staff shall ensure that land area is adequate for the proposed use’s 
parking; and shall ensure that traffic safety is considered. 
(d) 
Staff shall require measures to adequately protect surrounding property. 
(e) 
Permanent structures shall not be allowed. 
(f) 
Temporary Use Permit or a Special Event Permit shall pertain to the 
allowable activity permitted during the time limit of the permit. A change 
in ownership or sponsor applicant for the same activity during the time 
limit of the permit shall not constitute grounds for extending the time 
granted for the activity in the original permit. 
(5) 
Mobile Food Vendors, subject to the following conditions: 
(a) 
A mobile food vendor shall not be required to obtain a Temporary Use 
Permit, however, shall be required to obtain a license to operate a 
mobile food vending unit from the Development Services Department as 
well as maintain all other required licenses in compliance with the 
provisions of Arizona Revised Statutes §36-1761 and Maricopa County 
Environmental Health Code Chapter 8, Section 3. 
(b) 
Vending operations shall only be limited to sale of food items for

94 
immediate consumption. 
(c) 
Vending operations shall only be conducted from a mobile food vending 
unit that is in good working order, both aesthetically and operationally, 
and has been inspected and approved by the county health department. 
(d) 
Vending operations are subject to all City noise regulations. 
(e) 
Vending operations shall be taken down when not in use. 
(f) 
All licenses/permits shall be displayed in a visible and conspicuous 
location at all times during the operation of vending.  
(g) 
Mobile food vending units shall not be left unattended 
(h) 
Mobile food vending units shall not be parked on property owned by the 
City, excluding rights-of-ways, but including parks and parking lots or 
other areas designated by the Planning Director or Zoning Administrator, 
except if in accordance with a City approved and permitted event. 
(i) 
If a mobile food vending unit operates within public rights-of-ways the 
mobile food vendor must obtain insurance naming the City as an 
additional insured in amounts required by the City and in compliance 
with A.R.S. Title 9, Chapter 4, Article 7.2. The policy must designate, by 
manufacturer’s serial or identification number, all mobile food units for 
which coverage is granted. 
(j) 
Mobile food vending units shall not be parked or placed in any area that 
might impede or inconvenience the public. 
(k) 
Mobile food vending units shall not be parked within a roadway sight 
visibility triangle.  
(l) 
One (1) A-Frame or Sandwich sign shall be allowed per mobile food 
vending unit. 
(m) 
A mobile food vending unit operating within the public right-of-way is 
further subject to the following: 
(i) 
A mobile food vending unit shall only operate in a legal parking 
space within the public right-of-way.  
(ii) 
A mobile food vending unit, including any semi-permanent 
structure used or associated with the mobile food vending unit, may 
use no more than one (1) legal parking space. 
(iii) A mobile food vending unit must abide by all parking regulations, 
including posted time limits. If there are no time restrictions on the 
use of a marked legal parking space, a mobile food vending unit 
must not occupy a legal parking space for more than six (6) hours 
in a twenty-four (24) hour period. “Occupy” within this Subsection 
means within one thousand (1,000) feet of the place in which the 
mobile food vending unit was initially parked. 
(iv) A mobile food vending unit is restricted from operating within any

95 
portion of a Zoning District that is principally dedicated to residential 
uses, except operators of ice cream trucks or human powered food 
vending vehicles that sell ice cream products or similar frozen food 
novelties may operate on public rights-of-way within Zoning District 
areas that are principally dedicated to residential uses. 
 
(n) 
A mobile food vending unit operating on private property is further 
subject to the following: 
(i) 
A mobile food vending unit may only operate on private property 
with the written permission of the property owner and shall provide 
proof of such written permission on demand by City officials or law 
enforcement officers. 
(ii) 
A mobile food vending unit must not occupy a legal parking space 
at a site with insufficient parking capacity as prescribed by 
applicable law and in compliance with A.R.S. Title 9, Chapter 4, 
Article 7.2 and includes that a mobile food vending unit must not 
occupy a legal parking space at a site when the occupation reduces 
the number of available parking spaces required for the principal 
use or uses of the site. 
(iii) A mobile food vending unit shall not operate at the same site or 
center for more than six (6) consecutive hours within a 24-hour 
period for a maximum of four (4) consecutive days. This period 
includes time needed for setup, operation and takedown. “One 
location” within this subsection means a location within a parcel of 
land and includes movements from different parked positions 
within the same parcel. 
(iv) No more than one mobile food vending unit shall operate at the 
same time at the same site or center, unless a Special Event Permit 
has been obtained. 
(6) 
Mobile Outdoor Vendors subject to the following conditions: 
(a) 
A mobile outdoor vendor shall not be required to obtain a Temporary 
Use Permit, however, shall be required to obtain a license to operate a 
mobile outdoor vending unit and maintain an active business license 
from the City. 
(b) 
The provisions of this subsection shall not apply to any event located on 
City owned property or authorized by any other permit issued by the City, 
such as a farmer's market; an authorized festival; or recreational event 
if the mobile vendor is in partnership with the organization conducting 
the event and is located on the site of the event. 
(c) 
A mobile outdoor vendor shall only be permitted to operate on city 
owned property or on private property with the written permission of the 
owner and shall provide proof of such written permission on demand by 
City officials or law enforcement officers.

96 
(d) 
A mobile outdoor vendor is only permitted on properties that have been 
established with principal uses. Mobile Outdoor Vendors shall be 
prohibited from operating on vacant or unoccupied parcels. 
(e) 
Mobile Outdoor Vendors shall be restricted from operating within the 
public right-of-way or any portion of a Zoning District that is principally 
dedicated to residential uses.   
(f) 
A mobile outdoor vendor shall not operate at the same site or center for 
more than six (6) consecutive hours within a 24-hour period for a 
maximum of four (4) consecutive days. This period includes time needed 
for setup, operation and takedown. “One location” within this subsection 
means a location within a parcel of land and includes movements from 
different parked positions within the same parcel. 
(g) 
No more than one mobile outdoor vendor shall operate at the same time 
at the same site or center, unless a Special Event Permit has been 
obtained. 
(h) 
All licenses/permits shall display in a visible and conspicuous location at 
all times during the operation of vending.  
(i) 
One (1) A-Frame or Sandwich sign shall be allowed per vending 
operation. 
(j) 
Vending operations are subject to all City noise regulations. 
(k) 
Vending operations shall be taken down when not in use.  
(l) 
Vending operations shall provide the City a Certificate of Insurance 
evidencing general and product liability coverage and naming the City 
as an additional insured.   
(m) 
Mobile Outdoor Vendors shall not: 
(i) 
Be left unattended 
(ii) 
Be parked or placed in any area that might impede or 
inconvenience the public. 
(iii) Be parked within the sight visibility triangle.  
 
(7) 
Seasonal and holiday sales, such as Christmas tree or pumpkin sales on any 
open lot or parking lot in commercial or industrial zones are limited to one (1) 
sale per calendar quarter, lasting no longer than forty-five (45) consecutive 
days of site occupation and operation.  
(8) 
Outdoor arts and crafts shows and exhibits subject to not more than fifteen 
(15) days of operation or exhibition in any ninety (90) day period. 
(9) 
Outdoor promotional event or parking lot sale events sponsored by 
businesses shall be located on paved areas on the same lot as the structure 
containing the business holding the event and are limited to one (1) event/sale 
per calendar quarter, lasting no longer than one (1) week in duration.

97 
Rummage and other outdoor sales sponsored by local non-profit 
organizations are limited to one (1) sale in each six (6) month period.  
(10) Farmers market, temporary subject to not more than one (1) day of operation 
per seven (7) day period. 
(11) Flea market, temporary shall be limited to a maximum of 3 days every quarter 
in a calendar year per permitted location. 
(12) Stands for the sale of produce products are subject to not more than thirty-six 
(36) days a calendar year.  Said stands shall not be located within any public 
right-of-way and shall be kept free of litter and debris.  The time provisions of 
this subsection do not apply to the sale of produce raised on the premises.   
(13) Other temporary uses or structures may be approved using the process 
established in Section 154.159 Temporary Use Permit Procedures. 
 Exempt Temporary Uses 
The following temporary uses and events are exempt from the requirement for a 
Temporary Use Permit, but may require other City approval to ensure public health, 
safety, and welfare. 
 
(1) 
Garage sales, yard sales, and the sale of similar home-type products, shall be 
limited to a maximum of 3 days every quarter in a calendar year per residential 
location.  
(2) 
Indoor promotional activities related to the primary product lines of a retail 
business, and similar activities (e.g. book readings and signings at book 
stores, opening receptions at art galleries).  
(3) 
Emergency public health and safety activities. 
(4) 
Temporary nonprofit or fundraising car washes are permitted in non-
residential districts. 
(5) 
City sponsored events. 
(6) 
Events held on City owned property shall obtain a Special Event Permit.

98 
 
 
 
 
 
 
 
 
 
 
 
 
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. 
 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. 
 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 § 
154.155. 
 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, setback and accessory regulations designed for the zone in 
which the building or open space is located except as is specified in § 154.155. 
 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. 
 Use of mobile/manufactured home outside of approved park. No person shall park 
or occupy any recreational vehicle, mobile home or manufactured 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.

99 
 
§ 154.097  OCCUPANCY RESTRICTIONS. 
 No person shall occupy or otherwise use, or permit the occupancy or use of all or 
any portion of the following until a certificate of occupancy is applied for and then 
issued by the Building Official: 
(1) 
Any building, structure or other improvement constructed upon all or any 
portion of real property; 
(2) 
Any building, structure or other improvement that has been altered, added to, 
enlarged or moved upon all or any portion of real property; 
(3) 
All or any portion of any real property, building, structure or other improvement 
whose legally permitted use is changed. 
 
§ 154.098  SETBACK ENCROACHMENTS, LIMITATIONS AND EXCEPTIONS. 
Every part of a required setback shall be unobstructed from ground level to the sky, except 
as follows or otherwise stated herein: 
 
 
In any setback. Setback restrictions shall not apply to posts; sills; pilasters; lintels, 
cornices; eaves; gutter; awnings; bay windows no more than ten feet in width, open 
terraces; uncovered porches ; steps; stoops; chimneys; ornamental features; open 
fire escapes; sidewalks; exposed ramps (wheelchair) or similar features provided 
they do not extend 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, setback restrictions shall 
not apply to 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. Accessory structures other than those 
listed above may be further subject to Section 154.098. Fences, walls and required 
screening may be located in any required setback subject to Section 154.101. Signs 
may extend into or be located in any required setback subject to Section 154.125 to 
154.136. 
 Right-of-way. Awnings, canopies, signs and marquees may project over public 
rights-of-ways subject to obtaining a right-of-way encroachment permit. 
 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

100 
on each side. 
   (Prior Code, § 21-6-5)  (Ord. O11-09-17, passed 9-22-2011) 
 
§ 154.099  HEIGHT ENCROACHMENTS, LIMITATIONS, AND EXCEPTIONS. 
 Exempt appurtenances. The maximum building or structure height limits established 
shall not apply to the appurtenances or structural elements identified below. 
(1) 
Lawfully established religious assembly spires, belfries, cupolas, and domes; 
monuments; chimneys and smokestacks; flag poles; public and private utility 
facilities; transmission towers of commercial radio broadcasting stations; and 
mechanical equipment provided they: 
(a) 
Cover not more than 25 percent of the roof area of the building or 
structure to which they are attached; and 
(b) 
Comply with applicable screening standards for mechanical equipment 
and appurtenances in 154.101. 
(2) 
Private communication, radio and television antennas, or satellite dishes 
attached to the principal building may only extend five (5) feet above the 
allowed maximum height of the underlying base zoning district. 
(3) 
Parapet walls extending no more than four feet above the allowed maximum 
height of the underlying base zoning district except as hereinafter provided; 
and  
(4) 
Wind energy conversion systems and solar-energy collectors and equipment 
used for the mounting or operation of the systems/collectors may extend up to 
5 feet above the applicable maximum zoning district height limit, provided they 
do not extend more than 5 feet above the roof line. 
 Public building exceptions. Places of public assembly in religious assemblies, 
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. 
 Towers and monument exceptions. Ground mounted 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) 
 
§ 154.100  FENCES AND WALLS. 
 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

101 
fence or wall 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. 
 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. 
 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. 
 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:

102 
(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 (3') in height on the rear lot line extending ten feet (10') from 
the back of curb or paved street edge.  They also cannot exceed three 
feet (3') in height on the lot line along the street, extending ten feet (10') 
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. 
 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. 
 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. 
 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

103 
significantly visible, shall be erected such that the finished elevation of the wall is 
exposed to the adjacent property or right of way. 
 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. 
(Prior Code, § 21-6-7)  (Ord. O11-09-17, passed 9-22-2011; Ord. O14-06-04, passed 6-
3-2014) 
§ 154.101  REQUIRED SCREENINGS. 
 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. 
 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. 
 Outdoor Storage. 
(1) 
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. 
 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. 
 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.

104 
 Design of Screen Walls.  
(1) 
All screening walls located along streets in accordance with this chapter shall 
be designed and constructed in accordance with the provisions of this section. 
(2) 
All screening walls required by the provisions of this subchapter shall be 
designed and constructed using the following information: 
(3) 
Use brick, slump block, or masonry with a stucco finish of a suitable color and 
design as approved by the Zoning Administrator or his or her designee; 
(4) 
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 
(5) 
Adhere to the height, location, and sight visibility triangle at street intersection 
requirements set forth in this chapter. 
 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) 
 
 
§ 154.102  LANDSCAPING REQUIREMENTS. 
 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;

105 
(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. 
 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 Zoning Administrator 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 Zoning Administrator 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 Zoning Administrator 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. 
 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. 
 Enforcement and notice of violations. This chapter shall be enforced by the Zoning 
Administrator or his or her designee. The Zoning Administrator 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. When 
any condition which could constitute a violation of the provisions of this chapter 
comes to the attention of the Zoning Administrator, 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. 
 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.

106 
(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. 
 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 landscape material with landscape 
material of the same variety, and in the size and quantity as those 
originally required. All dead or removed landscape material shall be 
replaced within 60 days. 
(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 
(h) 
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

107 
(F)(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. 
 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 Zoning Administrator 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 Zoning 
Administrator or his or her designee as set forth in this subchapter. 
 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 Zoning Administrator 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 information as specified on the formal application form, such 
information may include, but is not limited to: 
(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;

108 
(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 Zoning 
Administrator or designee as part of the development site plan review and may 
be approved with stipulated changes or additions. 
 
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 
information as specified on the formal application form, such information may 
include, but is not limited to: 
(a) 
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 Zoning Administrator 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 Zoning Administrator or his or her designee. 
 
Installation of landscape improvements  
(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 Zoning Administrator or his or her designee may approve a delay 
in the immediate installation of the required landscape improvements for a

109 
period of time not to exceed 12 months. In those instances where the Zoning 
Administrator 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 Zoning Administrator or his or her designee.  
(2) 
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. 
(3) 
      (3)   All plant material and specifications shall conform to the Arizona 
Nursery Association (ANA) standards. 
 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 Zoning Administrator 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. 
 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. 
 General Standards for Landscaped areas along street/frontage. 
(1) 
Landscaped areas along street frontages shall be contoured or bermed, where 
feasible, to provide variations in grade, visual relief, parking lot screening, and 
a more pleasing aesthetic value.

110 
(2) 
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. 
(3) 
Trees along R.O.W. shall maintain seven-foot canopy height. 
 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. 
 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. 
 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. 
 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. 
 Screening walls. See Section 154.101 
 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. 
 Single-family residential subdivisions.  Landscaping shall be required along the rear 
of reverse-frontage, single-family lots along collector or arterial streets and required 
open space areas 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.

111 
(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) 
Within common open space areas, minimum 15-gallon sized trees and five-
gallon shrubs shall be planted at a ratio of one tree per 200 square feet and 1 
shrub per 100 hundred square feet of landscape area. 
(6) 
Inorganic groundcover shall be applied to all non-planted landscape areas 
consisting of decomposed granite (minimum one-half minus) crushed rock, 
gravel, river run rock, and/or boulders, utilizing sufficient 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. 
(7) 
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. 
 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 when adjacent to single-family residential development. Trees 
with a minimum size of 15 gallons shall be planted every 20 feet on center 
within 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 required yards and common open space areas, minimum 15-gallon 
sized trees and five-gallon shrubs shall be planted at a ratio of one tree per 
200 square feet and 1 shrub per 100 hundred square feet of landscape area. 
(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.

112 
 Non-Residential development. General requirements: 
(1) 
A minimum of 10% of new land area of any site used for non-residential 
development shall be landscaped. 
(2) 
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 following standards. 
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. 
(3) 
Within required yards and open space areas, minimum 15-gallon sized trees 
and five-gallon shrubs shall be planted at a ratio of one tree per 200 square 
feet and one shrub per 100 hundred square feet of landscape area, except 
within the E/I Zoning District where trees may be planted at one tree per 400 
square feet and shrubs may be planted at a rate of one shrub per 200 hundred 
square feet of landscape area. 
(4) 
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. 
(5) 
Where existing buildings or nearby parcels are built to the street property line, 
landscaping may be modified or located elsewhere on approval of the Zoning 
Administrator or his or her designee. 
(6) 
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 minimize damage by vehicular traffic. 
 Streetscape standards. The following landscaping shall be required along all streets 
unless otherwise stated herein. 
(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. A minimum of 50% of the required 
trees shall be 24-inch box trees, except within the E/I Zoning District trees may 
be planted at the rate of one tree per 60 feet of linear frontage. 
(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, except within the E/I 
Zoning District shrubs may be planted at a rate of three shrubs per 40 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.

113 
 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 parking lot area. 
(2) 
A minimum of one tree shall be provided for every five parking spaces, 
exclusive of perimeter landscaping and street trees, except within the EI 
Zoning District trees may be planted at the rate of one tree for every 10 parking 
spaces. 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 Zoning Administrator 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. 
 Substitution of Landscape Requirements. 
The Zoning Administrator or his or her designee may modify the minimum planting 
area requirements specified herein in lieu of the application and placement of 
approved alternative landscaping elements such as, but not limited to, low impact 
development (LID) practices, art instillations, or hardscape features that are found 
to further the landscape purpose and intent specified in Section A above.      
 
(Prior Code, § 21-6-9)  (Ord. O11-09-17, passed 9-22-2011; Ord. O18-10-12, passed 10-
16-2018) 
 
§ 154.103  PROPERTY ACCESS STANDARDS. 
 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

114 
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, a 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. 
 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 16 feet in width 
for one-way traffic. Residential drive accesses shall be not less than 12 feet in width. 
 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 
Approving 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. 
  
 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. 
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. 
  
 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 Planning and Zoning 
Commission. 
(Prior Code, § 21-6-11) 
 
§ 154.104  OFF-STREET PARKING REQUIREMENTS.

115 
 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. 
 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 (1) 
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; and 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 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. 
(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.

116 
(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. 
 
 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 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.

117 
(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. 
 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

118 
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 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. 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 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. 
(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. 
 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.

119 
 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. 
 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 
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

120 
TABLE P - MINIMUM PARKING SPACES REQUIRED 
Use 
Category 
Specific Use Type 
Minimum Vehicle Spaces Required 
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 & 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

121 
TABLE P - MINIMUM PARKING SPACES REQUIRED 
Use 
Category 
Specific Use Type 
Minimum Vehicle Spaces Required 
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 
Flex Commercial 
Smoke / Vape Shop 
Pawn Shop 
Flex Commercial 
1 space per 300 SF GFA 
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 
Heavy 
 
 
1 space per 500 SF of warehouse area + 1 space per 350 SF of office area 
1 space per 1,000 SF of warehouse area + 1 space per 350 SF of office area 
 
Auto Wrecking & Salvage Yard 
See Section 154.105.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

122 
TABLE P - MINIMUM PARKING SPACES REQUIRED 
Use 
Category 
Specific Use Type 
Minimum Vehicle Spaces Required 
Resource Extraction 
See Section 154.105.G.2 
Outdoor Storage  
Minimum 4 spaces + 1 space per employee 
Oil and Gas Refinery 
See Section 154.105.G.2 
Waste, Salvage and Recycling 
Facility  
See Section 154.105.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) 
Non-specified Parking Requirements.  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 Zoning Administrator 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 Zoning Administrator 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 Zoning 
Administrator, 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) 
Uses not Listed.  Parking for land uses not specifically listed in Table P. shall 
be determined by the Zoning Administrator 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 Zoning Administrator 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 Zoning Administrator, and should include other reliable data collected 
from uses or combinations of uses that are the same as or comparable with 
the proposed use.

123 
(5) 
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 Section 154.104.G. 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 Zoning Administrator, 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. 
 
(6) 
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 Zoning Administrator 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 Zoning Administrator 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. 
 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 percent of the total number of required parking 
spaces for non-residential uses may be designated as compact spaces when 
clearly labeled. 
(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.  Shall mean a space where one (1) vehicle parks behind 
another, so that one vehicle must be moved before the other can be accessed. 
Accessible 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 9’ wide and 40’ 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.

124 
(i) 
The tandem spaces shall be reserved for and assigned to dwelling 
units which are required to have two or more parking spaces. 
(ii) 
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. 
(i) 
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. 
(ii) 
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. 
(iii) 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

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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. 
(Prior Code, § 21-6-12) 
 
§ 154.105  OFF-STREET LOADING BERTH REQUIREMENTS. 
 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 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 least one off-street 
loading berth. 
 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.

126 
(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. 
(Prior Code, § 21-6-13) 
 
§ 154.106  MISCELLANEOUS REQUIREMENTS. 
 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.

127 
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. A photometric plan will be required 
to display this information. 
 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. 
 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. 
 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. 
 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. 
 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. 
 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. 
 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. 
 
Odors. The emission of odors by any use shall be in compliance with city standards 
and regulations. 
 
Noise. It shall be prohibited to disturb the peace or quiet of a neighborhood, family

128 
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) 
 
 
§ 154.107  NON-CONFORMING USES AND STRUCTURES. 
 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. 
 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. 
 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. 
 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. 
 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. 
 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. 
 A lawful non-conforming use shall not be changed except in conformance with the 
use requirements of the zone in which it is located. 
 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. 
 
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

129 
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) 
 
 
 
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: 
 Balancing public and private objectives by allowing adequate signage for business 
identification; 
 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; 
 Preventing property damage and personal injury resulting from signs which are 
improperly constructed or poorly maintained; 
 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 
 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 APPLICABILITY 
The requirements of this Code apply to all signs, sign structures, awnings, and other 
types of sign devices located within the City of El Mirage, except as specified in 
Subsection 154.127, below. 
 
§ 154.127 EXEMPTIONS 
The following are exempt from the regulations of this Code subject to the following, but 
may be subject to other Codes enacted by the City of El Mirage where applicable: 
 Signs which are not visible from a public roadway; however, these signs must 
comply with any building and construction provisions enacted by the City of El 
Mirage;

130 
 Signs inside a building. 
 Historical plaques or signs carved into a building or raised in integral relief on a 
building not exceeding four square feet. 
 Signs required by federal, state, or City law/authority. 
 Noncommercial flags. 
 Painted and/or applied wall accents and decorations. 
 Illuminated building accents and decorations. 
 Public Art – murals defined as works of graphic art hand-painted or applied to 
building walls, which contain no advertising, commercial messages, or logos; and/or 
that are not displayed in conjunction with a commercial enterprise which may obtain 
commercial gain from the display. Murals shall be approved as a conditional use 
permit by hearings of the Planning and Zoning Commission and City Council. 
 
Name and Address – For single family residential properties up to two (2) signs 
indicating address, number and/or name of occupants of the premises that do not 
exceed two (2) square feet in area and located in an area not otherwise prohibited 
by this Ordinance. For all non-single family residential properties, every building or 
group of buildings may provide a street number sign as approved by the Zoning 
Administrator 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. 
 
Decals - Decals and/or logos affixed to windows or door glass panels, such as those 
indicating membership in a business group or identifying credit cards accepted at 
the establishment. 
 Directional or informational signs of a noncommercial public or quasi-public nature, 
and community signs. 
 Sign repainting without changing wording, composition or colors; or minor 
nonstructural repairs. 
 On-premise signs that are relevant to the function of the property that are not visible 
beyond the boundaries of the lot or parcel upon which they are located, or from any 
public right of way.  
 Public Signs - Signs erected by government agencies or utilities, including traffic, 
utility, safety, railroad crossing and identification signs for public facilities and any 
signs erected by the City of El Mirage. 
 Security and Warning Signs - On-premise signs regulating the use of the premises, 
such as “no trespassing”, “no hunting” and “no soliciting” signs that do not exceed 
one (1) sign two (2) square feet in area in residential areas and one (1) sign five (5) 
square feet in area in commercial and industrial zones. These limitations shall not 
apply to the posting of conventional “no trespassing” signs in accordance with state 
law. 
§ 154.128  PROHIBITIONS

131 
The following signs are prohibited: 
 Signs containing strobe lights; 
 Abandoned sign structures, as defined by this Code; 
 Signs placed on or painted on a motor vehicle, boat or trailer parked with the primary 
purpose of providing signage not otherwise allowed by the Code; Prohibited is any 
sign displayed on a parked trailer or truck or other vehicle where the primary purpose 
of the vehicle is to advertise a product, service business, or other activity. This 
regulation shall permit the use of business logos, identification or advertising on 
vehicles primarily and actively used for business purposes and/or personal 
transportation. 
 No sign advertising a principal business or use shall be installed on any lot other 
than that on which the principal business is located unless allowed by subsection 
154.132 or 154.133 below, or unless approved by the City as part of a City managed 
wayfinding program. 
 Signs in which a property owner accepts a fee for posting or maintaining a sign 
allowed under subsection 154.132 or 154.133 unless specifically modified herein.   
 Signs that imitate or resemble official traffic lights, signs or signals or signs that 
interfere with the effectiveness of any official traffic light, sign or signal. 
 Mechanically Moving Signs – An environmentally activated sign or other display with 
actual mechanical motion powered by natural, manual, mechanical, electrical or 
other means, including but not limited to pennant strings, streamers, spinners, 
propellers, and search lights. 
 Unshielded or Flashing Signs – Sign with flashing, blinking, or rotating lights, laser 
lights, search lights, or unshielded LED, incandescent, fluorescent, metal halide, or 
high or low pressure sodium light bulbs. For the purposes of this Code, a sign that 
has a change rate or dwell time of four (4) seconds or longer does not fit within the 
prohibition noted herein. 
 
Posters and Handbills - Any signs affixed to any structures, trees or other natural 
vegetation, rocks or poles. 
 
Simulated Traffic Signs and Obstructions - Any sign which may be confused with, or 
obstruct the view of, any authorized traffic sign or signal, obstruct the sight-distance 
triangle at any road intersection or extend into the public right-of-way. 
 Signs Adversely Affecting Safety - Signs which prevent free ingress or egress from 
any door, window, fire exit, or that prevent free access from one part of a roof to any 
other part. 
 Pedestrian Access - Signs located in a manner which interferes with pedestrian 
travel or poses a hazard to pedestrians; 
 Sign Emissions - No sign which emits smoke, visible vapors, particles, sound or odor 
shall be permitted. Open flames used to attract public attention to a place of business 
or to an advertising sign shall not be permitted.

132 
 Mirrors - No mirror device shall be used as part of a sign.  
 Tethered balloons or other hazards to aviation. 
 Situations where the code is silent - Where the Code is silent, or where the rules of 
this Code do not provide a basis for concluding that a sign is allowed, said sign is 
therefore prohibited. 
§ 154.129  CONFLICTING REGULATIONS 
 
Where there is a conflict between specific sign regulations and the general sign 
regulations of this Code, the specific sign regulations supersede the base sign 
regulations. 
 Where there is a conflict between a land use regulation and a structural regulation, 
or other conflicts not otherwise addressed by this section, the most restrictive 
applies. 
§ 154.130  GENERAL PROVISIONS 
The general provisions for all signs are listed below:  
 Design 
(1) 
All signs hereafter constructed or maintained shall conform to the provisions 
of this Ordinance and the provisions of the City Code, promoting the health 
and welfare of the general public.  
(2) 
Signs shall be designed to be consistent with the architectural treatment and 
overall character of the principal building and/or the overall site. 
(3) 
Signs shall use materials or textures which are complementary to those used 
in the principal building and/or in the overall project. 
(4) 
Signs shall use colors which match or complement the colors used on the 
building and/or in the overall project. 
(5) 
No sign, other than an official traffic sign or similar sign, shall be constructed 
within the boundary of any street or public right-of-way unless specifically 
authorized herein, authorized by other City ordinances or regulations; or 
permitted by special City authorization. 
(6) 
No temporary or permanent sign or sign structure, shall be erected or placed 
in a manner that would obscure vehicular visibility on or at the intersection of 
roadways; or at any location where its position, shape or color may interfere 
with or obstruct the view of, or be confused with, any authorized traffic sign, 
signal or device. 
(7) 
All signs shall be designed and constructed to resist all weather conditions of 
central Arizona. 
(8) 
The placement of new signs shall integrate with the established locational 
pattern of like sign types.  
 Materials 
(1) 
All sign materials and components shall be of the quality and grade to resist

133 
specified wind and seismic hazard conditions of central Arizona. 
(2) 
Combustible materials, other than approved plastics, shall not be used in the 
construction of any electronic signs. 
(3) 
Sign materials to be used on the building facade shall be compatible with the 
design of the face of the façade. 
 Sign Anchors 
(1) All signs shall be securely anchored to resist the identified wind and seismic 
hazards existing in central Arizona. 
(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.  
 Sign Illumination 
Signs may be illuminated as provided by this Ordinance and specified by approved 
sign criteria, if applicable, in accordance with the following regulations: 
(1) Sign lighting shall be of low intensity with effective provisions made to minimize 
spillover of light beyond the actual sign face. Examples of permissible 
illumination methods would include, but not be limited to, the use of 
appropriate cut-off style light fixtures, the use of down-light fixtures adjusted 
so as to avoid light spillover and interference with the vision of motorists, and 
the use of muted internal illumination. Prohibited forms of light spillover 
include, but are not limited to, spillover into adjoining properties, roadways and 
airspace. Lighting must not interfere with the vision of oncoming motorists.  
(2) 
All illuminated signs shall adhere to the provisions provided in Section 154.106 
unless specifically modified herein.   
 Maintenance 
(1) 
The property owner or tenant on which the sign is located shall be responsible 
to maintain all signage that has been approved or that has been issued a 
permit. Periodic maintenance shall be undertaken by the owner or tenant so 
that the signage continues to conform to the conditions imposed by the sign 
permit and does not constitute any danger or hazard to public safety, and is 
free of peeling paint, major cracks, or loose, dangling, or torn materials. 
(2) 
Any damaged sign base shall be repaired within thirty (30) days after receipt 
of written presentation/rectification of the issue by the Zoning Administrator to 
the property owner. Upon request, said period may be extended by the Zoning 
Administrator to accommodate conditions outside the control of the sign 
owner. 
(3) 
All metal pole covers and sign cabinets shall not show any effect of rust and 
rust stains. 
(4) 
Any internally illuminated sign cabinets or sign panels which have been 
damaged shall not be illuminated until repaired. 
(5) 
If the sign is suspect to collapse, or determined to be unsafe by the City’s

134 
Inspector/Code Enforcement, or if any sign shall be unlawfully installed, 
erected or maintained in violation of any of the provisions of this Ordinance, 
the owner thereof, or the person or firm using the sign, shall, upon written 
notice by the City’s Inspector/Code Enforcement, or immediately in the case 
of imminent danger, and in any case within not more than ten (10) days after 
notice shall make such sign conform to the provisions of this Ordinance; or 
remove the sign. If, within ten (10) days, full compliance with the notice has 
not occurred, the City’s Inspector/Code Enforcement may remove, or cause 
such sign to be removed, at the sole expense of the owner and/or user of the 
sign. Upon request, said period may be extended by the Zoning Administrator 
to accommodate conditions outside the control of the sign owner. 
(6) 
The changeable letter panels of a permitted changeable copy sign shall be 
subject to the same maintenance requirements as imposed by the sign permit.  
 Sign Inspections 
All signs for which a permit is required shall be subject to the following inspections, 
unless waived by the Zoning Administrator or designee: 
(1) 
Footing inspections on all freestanding signs, including situations where 
square footage or panels are added to existing freestanding signs; 
(a) 
Electrical inspections on all illuminated signs prior to clearance; and 
(b) 
Final inspection which shall cover the sign location, structural members, 
and placement of the inspection marker in accordance with this 
subchapter. 
(2) 
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. 
 Sign Height Measurements 
Sign height measurements are determined as follows for each sign type: 
(1) 
Freestanding Signs:  The overall height of a freestanding sign or sign 
structure is measured from the lowest point of the ground directly below the 
sign to the highest point of the freestanding sign or sign structure. 
(a) 
Exception: Where a freestanding sign or sign structure is mounted along 
a roadway that has a higher grade level as compared to the grade level 
directly below the freestanding sign or sign structure, then the 
freestanding sign or structure’s height will be measured from the top of 
curb or the crown of the adjacent roadway (where no curb exists) to the 
highest point of the freestanding sign or sign structure. 
(2) 
Wall Signs or Fascia Mounted Signs:  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. 
 Sign Area Measurements

135 
The “Sign Area” of each permitted sign shall be measured as follows:   
(1) Background Mounted Signs: Sign copy mounted or painted on a background 
panel or area distinctively painted, textured or constructed as a background for 
the sign copy shall be measured as that area within the outside dimensions of 
the background panel or surface. The base of a freestanding monument sign 
shall not be calculated as sign area unless said base contains signage. 
(2) 
Individual Mounted Signs: The area of a sign copy mounted or painted, as 
individual letters or graphics, against a wall or the fascia 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 the area 
enclosed by the smallest standard geometric shape or combination of 
geometric shapes capable of encompassing the perimeter of the background 
area of the sign. 
(3) 
Two-Part Signage: In instances in which a sign consists of individual elements 
such as letters, symbols, or other graphic objects or representations that are 
painted, attached to, or otherwise affixed to a surface such as a wall, window, 
canopy, awning, architectural projection, or to any surface not specifically 
designed to serve as a sign background, the sign area shall be based on the 
sum of the individual areas of the smallest geometric shape or combination of 
geometric shapes capable of encompassing the perimeters of the individual 
elements comprising the sign. 
(4) 
Sign Frames or Cabinets: The area of sign faces enclosed in frames or 
cabinets is determined based on the outer dimensions of the frame or cabinet 
(5) 
One Sign with one or more sign faces: 
(a) 
One (1) face:  Area of the single face only; 
(b) 
Two (2) faces:  If the interior angle between the two (2) faces is sixty 
(60) degrees or less, the sign area will be the total of one face only; if 
the angle between the two (2) sign faces is greater than sixty (60) 
degrees, the sign area will be the sum of the areas of the two (2) faces. 
(c) 
Three (3) or more faces: The sign area will be 50% of the sum of the 
areas of all faces. 
(d) 
Irregular Shaped Signs: To be measured based on the appropriate 
mathematical formula to obtain the sign area for a circle, an oval or 
irregularly shaped sign. 
(e) 
Spherical, free-form, sculptural or other non-planar signs:  The signage 
area shall be 50% of the sum of the sides of the of the areas using only 
the four (4) vertical sides of the smallest cube that will encompass a 
sign. 
§ 154.131 TOTAL AGGREGATE SIGN AREA STANDARDS 
The “Total Aggregate Sign Area” shall be the sum of all the sign areas of each allowable 
sign placed on a parcel with the following restrictions:

136 
 For all non-residential uses, the total aggregate sign area allowable to any business 
having an external business entrance shall not exceed the greater of fifty (50) square 
feet or one and a half (1.5) square feet per lineal foot of building frontage per 
business, but in no case more than three hundred (300) square feet per business.  
 All non-residential uses having only an external building wall facing a public street, 
shall be permitted exterior signage with a total aggregate sign area not to exceed 
fifty (50) square feet.   
 Non-residential uses having only an internal business entrance and no external wall 
facing a public street or public access driveway or public alley shall be limited to 
business identification signage on a multi-tenant building wall mounted sign as set 
forth in subsection 154.133(A)(10) 
 Businesses having building frontage greater than two hundred (200) feet in length 
may increase their allowed sign area by 0.5 square feet per one (1) lineal foot of 
building frontage in excess of two hundred (200) feet. Such additional sign area shall 
be for the exclusive use of said business and not transferable or reallocable to other 
businesses on the parcel. 
 Building frontage is determined by the measurement of the portion of the business 
facing the street or public access driveway or public alley. Multi-story building lineal 
footage is limited to the ground floor lineal footage measurement except as modified 
by the subsections below. 
§ 154.132  STANDARDS BY SIGN TYPE 
The criteria listed within this table describes the permitted conditions applicable for each 
sign type. This table also includes references to additional sign standards that may be 
applicable to each sign type. 
Table S: SIGN REQUIREMENTS BY SIGN TYPE* 
Sign Type 
Sign 
Permit 
Required 
Part of 
Aggregate 
Sign Area 
P=Permitted    N=Not Permitted  
Additional 
Sign 
Standards 
Lighting 
Permitted 
Zoning Districts 
NR/RA/SN/MP 
MU/UC/ 
TD** 
CP/EI 
TROD 
Res. 
Use** 
Non-
Res. 
Use 
Permanent Signs 
 
 
 
 
 
 
 
 
 
Attached or Wall 
Mounted 
Yes 
Yes 
P 
P 
P 
P 
P 
154.133(A) 
Yes 
Awning/Canopy  
Yes 
Yes 
N 
P 
P 
P 
P 
154.133(B) 
No 
Billboards/Off-
Premise 
Yes 
No 
N 
N 
N 
C 
C 
154.133(C) 
Yes 
Directional 
Yes 
No 
N 
P 
P 
P 
P 
154.133(D) 
Yes 
Directory 
Yes 
No 
P 
P 
P 
P 
P 
154.133(E) 
Yes 
Electronic 
Message Center 
Yes 
Yes 
N 
P 
P 
P 
C 
154.133(F) 
Yes 
Freestanding/ 
Monument 
Yes 
Yes 
P 
P 
P 
P 
P 
154.133(G) 
Yes 
Gas Filled 
No 
No 
N 
N 
P 
P 
P 
154.133(H) 
Yes 
Projecting 
Yes 
Yes 
N 
P 
P 
P 
P 
154.133(I) 
No 
Window 
Yes 
Yes 
N 
P 
P 
P 
P 
154.133(J) 
No 
Temporary Signs 
 
 
 
 
 
 
 
 
 
A-Frame Sign 
Yes 
No 
N 
N 
P 
P 
P 
154.134(A) 
No 
Banner Sign 
Yes 
No 
P 
P 
P 
P 
P 
154.134(B) 
No

137 
Table S: SIGN REQUIREMENTS BY SIGN TYPE* 
Sign Type 
Sign 
Permit 
Required 
Part of 
Aggregate 
Sign Area 
P=Permitted    N=Not Permitted  
Additional 
Sign 
Standards 
Lighting 
Permitted 
Zoning Districts 
NR/RA/SN/MP 
MU/UC/ 
TD** 
CP/EI 
TROD 
Res. 
Use** 
Non-
Res. 
Use 
Promotional Sign 
Yes 
No 
N 
P 
P 
P 
P 
154.134(C) 
No 
Sign Walker 
Yes 
No 
N 
N 
P 
P 
P 
154.134(D) 
No 
Weekend 
Directional 
No 
No 
P 
P 
P 
P 
 
154.134(E) 
No 
Window 
No 
No 
 
P 
P 
P 
 
154.134(F) 
No 
Yard Sign 
Yes 
No 
P 
P 
P 
P 
 
154.134(G) 
No 
* All sign criteria listed in this table is subject to and may be further modified by their respective 
additional sign standards provided in Section 154.133 or as stated elsewhere within this Ordinance. 
** Permitted signage for Residential Uses shall be limited to residential subdivisions or multi-family 
residential developments and is not applicable to individual residential parcels, units or home 
occupations.  
§ 154.133  ADDITIONAL STANDARDS BY PERMANENT SIGN TYPE 
This section describes the permitted conditions and applicable standards for each 
permanent sign type listed within Table S.  
 Attached or Wall-Mounted Signs 
Attached or wall mounted signs are permitted as identified in Table S, subject to 
the conditions identified below: 
(1) 
Attached or Wall-Mounted signs shall be counted as a portion of the total 
aggregate sign area. 
(2) 
Attached or wall mounted signs shall be supported solely by the façade or 
exterior building face. 
(3) 
One (1) attached sign per street frontage is permitted per business in all non-
residential zoning districts.  
(4) 
Attached or wall mounted signs may project no more than twelve (12) inches 
from the surface of the wall to which it is attached or for halo illuminated signs 
must not exceed a one and three-quarter (1.75) inch separation from the wall.  
(5) 
Attached or wall mounted signs shall not extend above the wall, parapet, or 
fascia upon which it is placed.  
(6) 
Attached or wall mounted signs are permitted on a roof surface if the roof is 
within twenty-five (25) degrees of vertical.  
(7) 
Attached or wall mounted signs shall not exceed twenty-five (25) feet in height.  
(8) 
Residential Subdivisions and Multi-family developments shall be allowed one 
(1) attached or wall mounted sign not to exceed twenty-four (24) square feet 
per subdivision/development entrance or six (6) square feet per multi-family 
building.

138 
(9) 
For all non-residential uses, attached or wall mounted signs shall not exceed 
more than the total aggregate sign area allowed as determined by Section 
154.131.  
(10) Multi-tenant building wall mounted identification signs are permitted in the MU, 
UC, TD, CP and EI zoning districts subject to the conditions identified below: 
(a) 
The use of a multi-tenant building wall mounted identification sign shall 
take the place of single business wall mounted signs and shall be 
counted as a portion of the total aggregate sign area. 
(i) 
The maximum number of multi-tenant signs for each building shall 
be limited to one (1) sign per street frontage. 
(ii) 
The maximum area of the multi-tenant sign shall not exceed the 
greater of fifty (50) square feet or one and a half (1.5) square feet 
per lineal foot of combined building frontage for each business, but 
in no case more than three hundred (300) square feet per multi-
tenant sign.  
 Awning/Canopy Sign 
Awning/canopy signs are permitted as identified in Table S, subject to the 
conditions identified below: 
(1) 
Awning/Canopy signs shall be counted as a portion of the total aggregate sign 
area. 
(2) 
Sign copy, including logos, shall not exceed one and a half (1.5) square feet 
per lineal foot of building frontage.  
(3) 
Such a sign shall only be displayed on ground floor awnings.  
(4) 
If encroaching over an abutting City right-of-way line, a revocable City 
encroachment permit or other City Council–granted authorization approved by 
the City Engineer and the City Attorney shall be required.  
 Billboards & Off-Premise Signs 
Billboards are permitted as identified in Table S, subject to the conditions identified 
below: 
(1) 
Billboards may be approved by conditional use permit along Olive Avenue or 
Northern Avenue (Parkway), and along El Mirage Road and Dysart Road, 
south of Peoria Avenue, but no more than two billboards shall be approved on 
Olive Avenue, El Mirage Road or Dysart Road and no more than five billboards 
on Northern Avenue (Parkway) without Council approval of a variance or 
development agreement.   
(2) 
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.  
(3) 
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

139 
65 feet above the nearest curb or grade.  
(4) 
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.  
(5) 
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.  
(6) 
Network time of one image for at least eight seconds shall be made available 
to the city for messaging on four digital sign faces.  
(7) 
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.  
(8) 
A one-time fee of $6,000 per site will be assessed with approval of a digital 
board and payable to the city.  
Off-premise signs are permitted as identified in Table S, subject to the conditions 
identified below: 
(1) 
Off-premise signs shall require approval of a Conditional Use Permit. 
(2) 
Off-premise signs shall only be permitted in the E/I zoning district. 
(3) 
Off-premise signs shall be limited to placement at arterial to arterial or arterial 
to collector intersections and shall be located within 60 feet of the intersection 
right of way line.  
(4) 
Off-premise signs shall be limited to one sign per each leg of an intersection.  
(5) 
Off-premise signs shall not exceed 32 square feet in area or eight feet in 
height. No off-premise sign shall be located in public rights-of-way or block the 
sight visibility triangle of any intersection or drive. 
 Directional Sign 
Directional signs are permitted as identified in Table S, subject to the conditions 
identified below: 
(1) 
Non-residential uses shall be allowed a maximum of one (1) directional sign 
permitted per drive or parking entry with a maximum area of six (6) square feet 
and a maximum height of three (3) feet. 
 Directory Sign 
Directory signs to assist the public, law enforcement and emergency personnel 
locate a particular address or individual unit are permitted as identified in Table S, 
subject to the conditions identified below:  
(1) 
Properties occupied by three (3) or more buildings shall have an internally 
illuminated directory that shows the street address, layout of the complex, the 
location of the viewer and the unit designations within the complex.

140 
(2) 
Shall not exceed a maximum height of six (6) feet or sign area of twenty-four 
(24) square feet  
(3) 
Shall not include any advertising signage 
 Electronic Message Center 
Electronic Message Center (EMC) signs with intermittent, scrolling or flashing 
illumination, are permitted as identified in Table S, subject to the conditions 
identified below:  
(1) 
EMC signs shall be counted as a portion of the total aggregate sign area. 
(2) 
Signs must be entirely located on-site. 
(3) 
There shall be no moving or flashing green or red features that could be 
mistaken as traffic control devices. 
(4) 
Digital message portion of the sign shall not exceed fifty (50) percent of sign 
area. 
(5) 
Sign shall be installed at least one hundred and fifty (150) feet from a 
designated crosswalk.  
(6) 
Sign shall not be installed within three hundred and fifty (350) feet of a 
residential structure.  
(7) 
EMC signs shall be separated from other EMC signs by a minimum of one 
thousand (1,000) feet. 
(8) 
All continuous loop image progression occurring on the face or copy of the 
sign must have a minimum interval time of eight (8) seconds. 
(9) 
Illumination of EMC signs during daylight operations shall not exceed 3.85-
watt wedge base lamps, and shall not exceed 1.925-watt base wedge lamps 
during nighttime operation. 
(10) All EMC signs shall have automatic dimming controls, either by photocell 
(hardwired) or via software settings, to reduce the illumination intensity of the 
sign as ambient lighting conditions change. 
(11) EMC signs shall not be illuminated more than thirty (30) minutes before the 
operation is open to the public or more than thirty (30) minutes after the time 
at which the operation is closed to the public or 10:00p.m., whichever is later.  
 Freestanding/Monument Signs 
Freestanding/Monument signs are permitted as identified in Table S, subject to the 
conditions identified below: 
(1) 
For single use buildings, freestanding/monument signs shall be counted as a 
portion of the total aggregate sign area.  For single or multi-building 
developments with multiple tenants, freestanding/monument signs shall not be 
counted as a portion of the total aggregate sign area.   
(2) 
Single use buildings, complexes, or centers on a single lot are allowed one (1)

141 
freestanding/monument 
sign 
per 
street 
frontage, 
or 
one 
(1) 
freestanding/monument sign for every two hundred (200) feet of street 
frontage, whichever is greater. The second sign must be at least one hundred 
feet (100) from the first.  
(3) 
Single use buildings, complexes, or centers on a single lot, less than five (5) 
acres in net site area, the maximum height of the sign, including any 
supporting structures shall be eight (8) feet, maximum area shall be forty-eight 
(48) square feet.  
(4) 
Single use buildings, complexes, or centers on a single lot, five (5) acres in 
net site area or greater, the maximum height of the sign, including any 
supporting structures shall be eight (8) feet, maximum area shall be sixty (60) 
square feet.  
(5) 
A portion of the sign may have changeable copy, which shall not exceed fifty 
(50) percent of sign area.  
(6) 
Shall have monument-type base of masonry construction or other architectural 
grade material with an aggregate width of at least 50% of the width of the sign. 
(7) 
Freestanding or monument signs located in the TROD district shall either be 
located on low planter walls or incorporated with distinctive elements of the 
building’s architectural style and scale. 
(8) 
Address numerals shall be included on all freestanding sign structures. The 
numerals shall be at least six (6) inches in height. 
(9) 
No portion of the sign shall be located within three (3) feet of the front property 
line or six (6) feet of a side or rear property line.  
(10) Freestanding/monument signs for residential uses in RA, SN, MP zoning 
districts shall be limited to Residential Subdivisions or Multi-Family 
Developments only, subject to the conditions identified below: 
(a) 
The maximum height shall be six (6) feet and the maximum area shall 
be twenty-four (24) square feet.  
(b) 
A maximum of one (1) sign shall be located at each non-local street 
access to the identified subdivision or multi-family development.  
(c) 
The text area of the sign may be back-lit such that the source of 
illumination is not visible; provided, however, that back-lit, non-opaque 
panels are not permitted. 
(d) 
The text area of the sign may be illuminated by fully shielded ground 
mounted directional lighting. 
 Gas Filled Signs 
Gas filled signs (neon, argon, krypton, etc.) are permitted as identified in Table S, 
subject to the conditions identified below:  
(1) 
Gas filled signs are limited to interior window display only (may not be used 
on the exterior of a building).

142 
(2) 
The total area of gas filled signage for any one (1) business shall be six (6) 
square feet. 
(3) 
No more than two (2) gas filled signs shall be allowed for any one (1) business. 
 
Projecting Signs 
Projecting signs are permitted as identified in Table S, subject to the conditions 
identified below: 
(1) 
Such signs shall be included in the total aggregate sign area. 
(2) 
One projecting sign is permitted for each business front and shall be adjacent 
to the business it identifies.  
(3) 
Such signs shall only be permitted if they are affixed to a building and shall 
not project into the public right-of-way unless within the TROD.  
(4) 
The maximum area for each projecting sign for any one (1) business shall be 
fourteen (14) square feet unless amended through the conditional use permit 
process.  
(5) 
The maximum distance between the wall and the outer edge of the sign shall 
be 4 feet, or if a paved public sidewalk is below, 50% of the width of the 
sidewalk, whichever is less.  
(6) 
Such signs shall be located so that the base edge of the sign is not less than 
seven (7) feet, six (6) inches from the sidewalk or ground. 
(7) 
Such signs shall require both a City sign permit and, if encroaching over an 
abutting City right-of-way line, a revocable City encroachment permit or other 
City Council–granted authorization is approved by the City Engineer and the 
City Attorney. 
 
Window Signs 
Window signs are permitted as identified in Table S, subject to the conditions 
identified below:  
(1) 
Window signs that are permanent shall be included in the total aggregate sign 
area. 
(2) 
Permanent window signage shall be limited to twenty-five (25) percent of the 
total window area in which it is placed.  
(3) 
Permanent window signs shall be prepared by a professional sign company. 
 
§ 154.134  ADDITIONAL STANDARDS BY TEMPORARY SIGN TYPE 
Signs that meet the standards of this subsection are exempt from the standards for 
permanent signs and are not counted in the total aggregate sign area allowed on any 
particular property or site.  
 A-Frame Signs

143 
A frame signs are permitted as identified in Table S, subject to the conditions 
identified below: 
(1) 
Uses permitted to display A-frame signs may display a maximum of one such 
sign per street, public access driveway, or public alley frontage. Such signs 
shall be located as follows:  
(a) 
On the same property as the use. 
(b) 
Within the right-of-way of the nearest adjacent public street to the use. 
(2) 
The location of A-frame signs shall be restricted as follows:  
(a) 
Such signs shall not be located on the paved portion of any public street, 
any sidewalk, or any median. 
(b) 
Such signs shall not be located within a designated parking or loading 
area. 
(c) 
Signs shall not be located in a manner that poses a traffic vision hazard.  
(d) 
A-Frame signs must be placed at least one (1) foot behind the curb or 
public sidewalk. If no curb or public sidewalk is present, signs shall be 
located at least five (5) feet from the edge of the paved portion of the 
public right-of-way.  
(e) 
Businesses within the TROD District may use A-frame signs on public 
or private sidewalks, provided the portable sign does not obstruct the 
pedestrian walkways and shall only be placed within the first three (3) 
feet of the sidewalk located immediately adjacent to the curb, leaving a 
minimum sidewalk clearance of five (5) feet. 
(3) 
No sign may be greater than twelve (12) square feet per side with a maximum 
height of four (4) feet.  
(4) 
Signs shall be weighted down and constructed of wrought iron; sheet metal; 
1/8 inch thick plastic; or of wood that is at least 3/8 inch thick. No other 
materials are acceptable. 
(5) 
Signs must be manufactured by a licensed and bonded sign company. 
(6) 
Signs shall be clean and in good working order. 
(7) 
Attachments to signs are limited to balloons flown no higher than six (6) feet 
from the ground. If attachments are used, the A-Frame sign must be set back 
from the curb and/or sidewalk a minimum of three (3) feet. 
(8) 
Landscaping cannot be modified or damaged to accommodate an A-frame 
sign. 
(9) 
Signs shall only be displayed during business hours. 
 Banner Signs 
Banner Signs are permitted as identified in Table S, subject to the conditions 
identified below:

144 
(1) In districts that allow residential development, temporary banners are not 
permitted on sites with individual dwelling units. Banners for holidays and 
special family events are excepted. 
(2) 
On permitted multi-family residential or non-residential uses in all zoning 
districts, one banner no larger than thirty-two (32) square feet in size is 
permitted per development or business street frontage. Except, banner signs 
associated with a temporary or non-profit business/organization may request 
an increase of the maximum banner size subject to sign permit approval. 
(3) 
Banner signs shall be securely affixed to the wall or fence of a permanent 
structure or building, where feasible. No banner shall exceed the height of the 
prevailing roofline, or exceed the building height allowed by this Ordinance, 
whichever is less.  
(4) 
Banner signs shall not be located in a manner that poses a traffic vision 
hazard, shall be maintained in a workmanlike manner and shall not be placed 
within the public right-of-way. 
(5) 
Shall be displayed for a maximum of nine (9) days per occurrence, up to a 
total of six (6) occurrences per calendar year. Except, banner signs associated 
with a temporary or non-profit business/organization may request an 
extension of the maximum time limit subject to sign permit approval.  
 Promotional Signs 
(1) 
No more than two promotional signs shall be allowed per business per street 
frontage. Size and placement shall be a maximum of 15 square feet in area, 
and 15 feet in height with at least 25 feet between each one. Promotional signs 
shall be prohibited in public right of ways. Promotional signs shall only be 
displayed during business hours of the associated business. Signs shall be 
properly maintained and replaced if torn or faded in color. 
(2) 
2) Any promotional pennants, balloons, streamers, flags, inflatable structures, 
character or product likenesses, and other non-merchandise displays must be 
associated with an active promotional event and shall be displayed for not 
more than 30 consecutive days in any 3-month period, and not more than 60 
days in any calendar year. Such promotional signage shall be erected not 
more than 5 days prior to the event, and shall be removed not more than 1 
day after the event.  
 Sign Walkers 
Sign walkers are permitted as identified in Table S, subject to the conditions 
identified below: 
(1) 
If located within the right-of-way, a sign walker shall be positioned behind the 
curb or, if no curb is present, ten (10) feet behind the edge of pavement. 
(2) 
Sign walkers shall not erect or place tents, temporary structures, umbrellas, 
chairs or stools within the public right-of-way or adjacent property.  
(3) 
Sign walkers shall not be positioned so as to obstruct vehicle sight lines.

145 
(4) 
Sign walkers shall not obstruct the free movement of pedestrians on 
sidewalks. 
(5) 
Sign walkers are not allowed in the medians of public streets. 
(6) 
The sign worn, held or balanced by a sign walker shall be a maximum of five 
(5) square feet in size and may be double sided. 
 Weekend Directional Signs 
Weekend Directional Signs are permitted as identified in Table S, subject to the 
conditions identified below:  
(1) 
Weekend signs may be placed Friday through Sunday. 
(2) 
Must be placed at least one (1) foot behind the curb. If no curb is present, 
signs shall be located at least one (1) foot from the edge of the paved portion 
of the public right-of-way. Weekend directional signs shall not be placed on 
sidewalks or within the center medians that divide portions of paved or 
unpaved roadways. 
(3) 
The maximum size shall not exceed four (4) square feet.  
(4) 
The maximum height shall not exceed three (3) feet. 
(5) 
Signs shall be constructed of heavy duty, weather- resistant material, such as 
laminated paper, plastic foam core, or similar material. Placement stakes shall 
be wood or heavy gauge wire. 
(6) 
Weekend directional signs shall not be attached to any utility pole or box, light 
pole, street sign, tree or any structure within the public right-of-way. 
 Window Decorations/Painting 
(1) 
Temporary window decorations/painting signs are permitted in all zoning 
districts and shall not require a sign permit or be considered part of the total 
aggregate sign area.   
(2) 
Holiday decorations may be displayed on a temporary basis for civic, patriotic 
or religious holidays. 
(3) 
The coverage of window decoration/painting and signage must not exceed 
seventy-five (75) percent of the total window area. 
(4) 
Window decoration shall not contain any form of advertising copy, including 
but not limited to, name of business, logo or sale language. 
 Yard Signs 
Yard Signs are permitted as identified in Table S, subject to the conditions 
identified below: 
(1) 
For single family residential uses in permitted zoning districts, yard signs shall 
be limited to one sign per property with a maximum size not to exceed six (6) 
square feet and maximum height of six (6) feet.

146 
(2) 
For multi-family residential uses in permitted zoning districts, yard signs shall 
be limited to one sign per property with a maximum size not to exceed eight 
(8) square feet and maximum height of six (6) feet.  
(3) 
On non-residential uses in all zoning districts, yard signs shall be limited to 
one sign per property with a maximum size not to exceed thirty-two (32) 
square feet and a maximum height of 8 feet.  
(4) 
Temporary yard signs with a sign area six (6) square feet or less shall not 
require a sign permit, provided the sign complies with the requirements of this 
subsection. 
(5) 
Shall not be located within any right-of-way whether dedicated or owned in fee 
simple or as an easement.  
(6) 
Shall only be located on property that is owned or leased by the person whose 
sign it is and must not be placed on any utility pole, street light, similar object, 
or on public property.  
(7) 
Shall not be illuminated. 
(8) 
Shall be displayed for a maximum of six (6) months per occurrence, with up to 
one extension subject to approval per calendar year. 
 Political Signs 
For regulations related to political signs please refer to Arizona Revised Statutes 
§16-1019. During the period established under Arizona Revised Statutes 16-
1019(H), the State’s Political Sign requirements apply. Outside of the period 
established under Arizona Revised Statutes 16-1019(H), the El Mirage Sign 
Ordinance applies. 
 
§ 154.135  MASTER SIGN PROGRAM 
 Purpose 
To provide a mechanism by which the sign regulations established in this Section 
can be modified to ensure that signs for a uniquely planned or designed 
development or area are most appropriate for that particular development or area, 
a Master Sign Program may be requested per the guidelines identified below. 
 Master Sign Program Criteria 
(1) 
A master sign program may be: 
(a) 
Requested by the developer or owner of a planned area development; 
or 
(b) 
Requested by the developer, owner or master lessor of a multi-tenant 
development or parcel that is a minimum of ten (10) gross acres; or 
(c) 
Initiated by the City for a particular area in furtherance of a specific plan, 
revitalization program, overlay zone, or other area wide planning tool. 
(2) 
A master sign program may include provisions that are more and/or less

147 
restrictive than the regulations established in this Section as related to issues 
of size, location, color, construction materials and design of the sign but 
without consideration as to the message to be displayed on the sign based on 
the particular unique features of the development. 
(3) 
Each master sign program applicant shall show why the modifications 
requested are warranted and how the total sign proposal for the development 
meets, or balances, the general purpose and intent of this Section.  
(4) 
A master sign program application shall be approved, conditionally approved, 
or disapproved through the conditional use permit process.  
(5) 
A new master sign program approval shall be obtained for substantial 
revisions to the original approval, as determined by the Zoning Administrator. 
 Master Sign Program Evaluation Criteria 
Any master sign program shall be evaluated based upon the following criteria: 
(1) 
Placement 
(a) 
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. 
(b) 
Off-premises. Off-premises signs are permitted only on vacant property 
with the written permission of the property owner. 
(2) 
Quantity 
(a) 
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. 
(b) 
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. 
(3) 
Size 
(a) 
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

148 
which exceed by more than 50% any maximum height standard. 
(b) 
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. 
(4) 
Materials  
(a) 
Sign materials shall be compatible with architectural and/or natural 
features of the project. 
(b) 
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. 
(5) 
Illumination 
(a) 
Illumination shall be in accordance with § 154.130(D). 
 
§ 154.136  PERMITS AND ENFORCEMENT 
 Sign permit applications.  
(1) 
Application for a permit shall be on the official form provided by the city.  
(2) 
The Zoning Administrator 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 Zoning Administrator 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. 
 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.

149 
(2) 
For refunds, the applicant must submit a letter of request along with a copy of 
the sign permit to the Zoning Administrator or designee. Refunds shall be 
permitted in accordance with the provisions of the adopted building codes and 
city policies. 
  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 Zoning Administrator 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 Zoning Administrator 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 Zoning 
Administrator or designee and acted upon by the Board of Adjustment in 
accordance with this chapter as it exists or as it may be amended. 
 Violations and revocations of permits. The Zoning Administrator 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 Zoning Administrator 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. 
(i) 
The applicant of the permit may appeal the decision of the Zoning 
Administrator or designee to revoke the permit to the Board of 
Adjustment, in writing, within 15 days from the date when the notice 
was served. 
(ii) 
If no appeal has been taken at the end of 15 days, the permit is 
revoked. The Zoning Administrator or designee shall then initiate 
the process for the removal of the illegal sign in accordance with 
division (E) below. 
 Removal of signs.

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(1) 
The Zoning Administrator 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 Zoning 
Administrator 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 known address. 
(4) 
If the owner of lessee of the premises upon which the sign is located has not 
demonstrated to the satisfaction of the Zoning Administrator 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 Zoning Administrator 
or designee shall certify the violations to the City Attorney for prosecution. 
(5) 
The Zoning Administrator 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 Zoning Administrator 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. 
 Prosecution of violations. Every action to prosecute a violation of this subchapter 
shall be prosecuted in the manner provided in city code. 
 Liability for damages. The provisions of this subchapter shall not be construed to

151 
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) 
 
 
§ 154.137  FLAGS AND FLAGPOLES. 
 It is unlawful for any person to place or install a flag in any zone except as permitted 
within this subchapter. 
 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 non-
residential use. 
(2) 
All residential uses shall not have more than one flagpole per parcel. 
(3) 
No flagpole shall exceed the following heights per specified zone: 
(a) 
Parcels zoned NR, RA, SN, MP shall not exceed 30 feet. 
(b) 
Parcels zoned MU, UC, TD, CP, EI 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 § 154.130(D). 
(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 
 
 
§ 154.138  NON-CONFORMING SIGNS.

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 Maintenance. Any person owning or maintaining a legal non-conforming sign shall 
maintain the sign in good condition pursuant to § 154.130(E). 
 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. 
 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 Zoning Administrator or a designee. 
(Prior Code, § 21-6-10.10)  Penalty, see § 154.999 
 
 
§ 154.139  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.

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ADMINISTRATIVE PROCEDURES 
 
§ 154.150  PRE-APPLICATION MEETING.  
 Pre-Application Meeting Requirement  
(1) 
A pre-application meeting to discuss the nature of the proposed application, 
application submittal requirements, the procedure for action, and the 
standards for evaluation of the application shall be required for all proposed: 
(a) 
General plan amendments; 
(b) 
Zoning text amendments; 
(c) 
Zoning map amendments (rezone); 
(d) 
Planned area developments; 
(e) 
Subdivisions; 
(f) 
Conditional use permits; 
(g) 
Site plan review; and 
(h) 
Variances. 
(2) 
An applicant for a project not requiring pre-application review may request, in 
writing to the Zoning Administrator, such review. 
 Pre-application filing. Before filing any applications described by this section, the 
applicant shall submit a preliminary description of the proposal, accompanied by a 
fee specified by the adopted fee schedule, for review and comment by the Zoning 
Administrator and any other persons the Zoning Administrator deems appropriate. 
This preliminary description shall include, at minimum, a site plan and project 
narrative; both of sufficient scope and detail so as to allow a basic review of location, 
land area, land use, land use intensity, traffic generation and adjacent streets, 
stormwater drainage, utility service, and previous case history. 
 Pre-Application Meeting Process. 
(1) 
After receipt of a proper preliminary description of the proposal, the Zoning 
Administrator shall schedule a pre-application meeting. At the meeting, the 
applicant, the Zoning Administrator or designee, and any other persons the 
Zoning Administrator deems appropriate to attend shall discuss the proposed 
development. 
(2) 
Based upon the information provided by the applicant and the provisions of 
this code, the parties should discuss in general the proposed development, 
the applicable submittal requirements and standards of this code, and 
conditions that may be appropriate to meet the purposes and requirements of 
this code. 
 Pre-application waivers. The Zoning Administrator may waive the requirement for a 
pre-application review based on a determination that no purpose will be served by 
the review. In such cases, the Zoning Administrator shall prepare a written statement 
setting forth the reasons for approving the waiver.

154 
 
§ 154.151 APPLICATION SUBMITTAL (ADMINISTRATIVE COMPLETENESS 
REVIEW). 
 Applications. Completed applications shall be submitted to the Community 
Development Department on a form and in such a manner as established by the 
Zoning Administrator. 
 Application schedule. In accordance with A.R.S. § 9-835, the Community 
Development Department shall publish an application schedule, which prescribes 
the necessary deadline for submitting specified application types in advance of being 
reviewed by the appropriate decision-making body pursuant to this chapter or the 
A.R.S. 
 Authority to file applications. Any of the following persons or entities may submit an 
application: 
(1) 
The owner of the property; 
(2) 
An agent representing the owner, duly authorized to do so in writing by the 
owner. 
 Payment, waiver and refund of application fees. 
(1) 
Schedule of fees. The city shall establish fees for all application and permit 
types. The fee schedule shall be adopted by resolution of the Council. 
Payment of the fee is required in order for an application to be complete. No 
application or permit shall be processed without payment of the applicable fee. 
(2) 
Fee waiver or deferral. No fee shall be required when the applicant is the city. 
(3) 
Refund of fees. Recognizing that filing fees are utilized to cover city costs of 
public hearings, mailing, posting, transcripts, and staff time involved in 
processing applications, no refunds shall be issued due to a disapproval of an 
application. 
 Application completeness review. Each application filed with the Community 
Development Department shall be initially processed as follows: 
(1) 
Completeness review. The Zoning Administrator shall review an application 
for completeness and accuracy before it is accepted as being complete and 
officially filed. The Zoning Administrator will consider an application complete 
when: 
(a) 
All necessary application forms, documentation, exhibits, materials, 
maps, plans, reports and other information specified in the application 
form, and any additional information required by the Zoning 
Administrator have been provided and accepted as adequate. 
(b) 
 All necessary fees have been paid and accepted. 
(2) 
Notification of applicant. If the application is determined to be complete, the 
application shall then be processed according to the procedures set forth in 
this chapter. If an application is determined to be incomplete, the Zoning 
Administrator shall provide written or electronic notice to the applicant along

155 
with an explanation of the application's deficiencies. No further processing of 
an incomplete application shall occur until the deficiencies are corrected in a 
resubmittal. 
(3) 
Expiration of application. If a pending application is not deemed complete 
within six months after the first filing with the Community Development 
Department, the application shall expire and be deemed withdrawn. Thirty 
days prior to that date the planning staff shall notify the applicant in writing that 
the application will become inactive.   
(4) 
Extension of application. The Zoning Administrator may grant one six month 
extension upon written request of the applicant. After expiration of the 
application, and extension, if granted, a new application, including applicable 
fees, plans, exhibits and other materials will be required to commence 
processing of a new project application on the same property. 
 Additional information. After the application has been accepted as complete, the 
Zoning Administrator and/or any decision-making body may require the applicant to 
submit additional information in order to evaluate fully whether an application 
complies with the requirements of this chapter, state, or federal law. 
 Concurrent applications. When a project requires approvals under more than one 
section of the zoning code, the individual applications may be processed 
concurrently at the option of the Zoning Administrator and with the approval of the 
applicant; provided, however, rezoning applications may not be approved 
simultaneously with major general plan amendments.  Rezone applications can 
only be approved sequentially after major GPA adoption; the rezone application will 
be cancelled if the major GPA is not adopted. Minor GPAs may be processed 
concurrently with other applications.  The concurrent processing of applications 
shall be in all cases at the applicant's risk. 
 Referral of application. At the discretion of the Zoning Administrator, or where 
otherwise required by this chapter, A.R.S., or federal law, an application filed in 
compliance with this chapter may be referred to any public agency that may be 
affected by or have an interest in the proposed land use activity. 
§ 154.152  PROCEDURE FOR AMENDMENTS TO THIS CHAPTER. 
 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. 
 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

156 
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. 
 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 § 154.152(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. 
(3) 
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 Zoning Administrator 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. 
(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 
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. 
(5) 
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.

157 
(e) 
An increase or reduction in permitted uses. 
 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. 
 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. 
 
§ 154.153  PROCEDURE FOR REZONINGS. 
 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. 
 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

158 
least 21 days prior to the public hearing by the Planning and Zoning Commission. 
 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. 
 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. 
 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

159 
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 zoning Administrator or designee shall revise the official zoning 
map accordingly. 
 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. 
 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. 
 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) 
 
§ 154.154  CITIZEN REVIEW PROCESS. 
 Purpose. The purpose of the citizen review process is to provide citizens and 
adjacent landowners 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. 
 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. 
 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

160 
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. 
 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. 
 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. 
 Requirements are cumulative. These requirements apply in addition to any notice 
provisions required elsewhere in the Zoning Ordinance. 
 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.

161 
 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) 
 
§ 154.155  PROCEDURE FOR VARIANCES FROM THIS CHAPTER. 
 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. 
 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

162 
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. 
 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. 
 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. 
 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. 
 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

163 
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. 
 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. 
 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) 
 
§ 154.156  PROCEDURE FOR SITE PLAN APPROVAL. 
 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 
detached units and city-owned facilities shall be subject to this chapter.  
(1) 
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: 
(i) 
Office space; 
(ii) 
Retail commercial space;  
(iii) service commercial space; and/or 
(iv) Industrial space. 
(c) 
One or more buildings on one site for: 
(i) 
Office use; 
(ii) 
Retail commercial use; 
(iii) Service commercial use; and/or 
(iv) Industrial use. 
(d) 
Twenty thousand or more square feet of exterior storage of materials or 
goods; and 
(e) 
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

164 
to the regulations of § 154.160.  
(3) 
The City Council 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 City Council may authorize the Zoning Administrator to 
conduct review of minor site plans. Any needed variances for major or minor 
site plans must be submitted to the Board of Adjustment. 
 Application of these procedures.  
(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. 
 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. The 
application shall be accompanied by the appropriate fee and development plans 
showing sufficient information for the Planning and Zoning Commission, City Council 
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

165 
a distance of 100 feet unless otherwise stated: 
(i) 
Topographic contours at a minimum interval of two feet; 
(ii) 
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; 
(iii) On-site streets and rights-of-way; 
(iv) Ingress and egress points; 
(v) 
Traffic flow on-site; 
(vi) Traffic flow off-site; 
(vii) Utilities and utility rights-of-way or easements: 
− Electric; 
− Natural gas; 
− Telephone, cable TV; 
− Water; and 
− Sewer (sanitary treated effluent and storm) 
(viii) Buildings and structures; 
(ix) 
Parking facilities; 
(x) 
Water bodies; 
(xi) 
Surface water holding ponds and drainage ditches surface water 
drainage arrows; 
(xii) Significant rock outcroppings; 
(xiii) Sidewalks, walkways, driveways, loading areas and docks, 
bikeways; 
(xiv) Fences and walls; 
(xv) Exterior signs; 
(xvi) Exterior refuse collection areas; 
(xvii) Exterior lighting; and 
(xviii) Landscaping (detailed plan showing plantings, equipment, and the 
like): 
− Botanical and common names of vegetation to be used; 
− Size of plantings at time of planting and at maturity; and 
− Areas to be irrigated. 
(c) 
Number of employee and non-employee parking spaces, existing and

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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. 
 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 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. 
 Minor site plan review. 
(1) 
In considering applications for minor site plan approval under this chapter, the 
city staff, if authorized by the City Council, 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

167 
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. 
 Major site plan review. 
(1) 
Hearing and recommendation by the Planning and Zoning Commission.  
(a) 
A Major Site Plan 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 application. The application may not 
be tabled more than two meetings in succession. Planning staff shall 
notify the City Council, in writing, of the Planning & Zoning Commission 
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. 
(2) 
Decision by the City Council. 
(a) 
The City Council after receipt of the report and recommendation of the 
Planning and Zoning Commission, shall consider the Major Site Plan 
request. During the 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 
Conditional Use Permit, deny the request, or table the request. The 
application may not be tabled more than two meetings. 
(3) 
In considering applications for major site plan approval under this chapter, the

168 
Planning and Zoning Commission and City Council 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. 
 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. 
 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 City Council, approve the amendment(s) if they determine 
that the amendment(s) are acceptable to the city. 
(3) 
Amendments to major site plans shall be resubmitted and shall be subject to 
divisions (C), (D), and (F) above. 
 
Appeals  
(1) 
A person aggrieved by a decision of the City Council, may file a complaint for 
special action in the superior court to review the City Council decision. 
(Prior Code, § 12-7-4)  (Ord. O11-09-17, passed 9-22-2011) 
 
§ 154.157  PROCEDURE FOR CONDITIONAL USE PERMIT. 
 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. 
 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.  
 Notification of Conditional Use Permit review. 
(1) 
A notice of Conditional Use Permit 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 
Conditional Use Permit 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

169 
names and addresses of all property owners within 200 feet of the property. 
 Hearing and recommendation by the Planning and Zoning Commission. A 
Conditional Use Permit 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 
application. The application may not be tabled more than two meetings in 
succession. Planning staff shall notify the City Council, in writing, of the Planning & 
Zoning Commission recommendation. The recommendation shall include the 
reasons for the recommendation and be transmitted to the Council not more than 30 
days after the public hearing in which the recommendation was made. 
 Decision by the City Council. 
(1) 
The City Council after receipt of the report and recommendation of the 
Planning and Zoning Commission, shall consider the Conditional Use Permit 
request. During the 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 Conditional Use Permit, 
deny the request, or table the request. The application may not be tabled more 
than two meetings. 
(2) 
The Council, in approving a conditional use permit, shall, 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: 
(i) 
Regulation of use; 
(ii) 
Special yards, spaces, and buffers; 
(iii) Special fences, solid fences, and walls; 
(iv) Surfacing of parking areas; 
(v) 
Requiring street, service road, or alley dedications and 
improvements or appropriate bonds; 
(vi) Regulations of points of vehicular ingress and egress;

170 
(vii) Regulation of signs; 
(viii) Requiring maintenance of the grounds; 
(ix) Regulation of noise, vibrations, odors; 
(x) 
Regulation of hours for certain activities; 
(xi) Time period within which the proposed use shall be developed; 
(xii) Duration of use; 
(xiii) Requiring the dedication of access rights; and/or 
(xiv) Other such conditions as will make possible the development of the 
city in an orderly and efficient manner. 
(f) 
The Council shall, in addition to any other conditions, impose the 
following general conditions upon every conditional use permit granted. 
(i) 
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. 
(ii) 
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. 
(iii) 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. 
(iv) All of the special conditions shall be consented to in writing by the 
applicant. 
(3) 
Applications for conditional use permits may be approved or denied by motion 
of the Council. 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 Council. 
 Notification of Council action. The applicant shall be notified of the action taken by 
the Council. If the application has been granted, the permit shall be issued upon the 
signature of the Mayor and the Zoning Administrator, and any conditions, automatic 
termination date, or period of review shall be stated on the permit. 
 Appeals  
(1) 
A person aggrieved by a decision of the City Council, may file a complaint for 
special action in the superior court to review the City Council decision.    
 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

171 
approved in any such permit shall be subject to § 154.156(C), (D) and (F) and 
154.157 of this chapter. 
(Prior Code, § 21-7-5)  Penalty, see § 154.999 
 
§ 154.158  PROCEDURE FOR OPERATING A HOME OCCUPATION. 
 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 § 154.088 of this chapter, and shall agree to abide by those 
requirements and conditions. 
 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. 
 Appeal to City Council. Any person may appeal the Zoning Administrator’s action to 
the City Council within 15 days as per § 154.161 of this chapter. 
(Prior Code, § 21-7-6) 
 
§ 154.159  PROCEDURE FOR TEMPORARY USE PERMIT. 
 Generally. Uses permitted subject to temporary use permits 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.  
 Application and filing fees. Application for a 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 temporary use 
permit including site plans as per § 154.156(C) of this chapter. 
 Decision. Application for 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. Approval for a Temporary Use shall be for a period of up to four (4) 
months or at the discretion of the Zoning Administrator, unless otherwise stated 
within this Code. Any person aggrieved by the decision of the Zoning Administrator 
may file an appeal with the Board of Adjustment. 
 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 or public health and safety. The conditions may 
include the following: 
(1) 
Limits on concentration of temporary uses

172 
(2) 
Regulation of dates/hours; 
(3) 
Regulation of lights; 
(4) 
Requirement of bonds or other guarantees for cleanup or removal of structure 
or equipment; 
(5) 
Parking requirements; and/or 
(6) 
Such other conditions deemed necessary to carry out the intent and purpose 
of this section. 
(Prior Code, § 21-7-7) 
 
§ 154.160  
PROCEDURE FOR PLANNED AREA DEVELOPMENT (P.A.D.) 
APPROVAL. 
 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. 
 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. 
 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. 
 Preliminary development plan. 
(1) 
Submittal requirements. Based upon comments received regarding the 
concept plan, the applicant shall prepare a preliminary development plan. 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:

173 
(i) 
Topographic contours with intervals of no more than two feet, to a 
distance of 1,900 feet beyond the property boundary; 
(ii) 
Location and extent of major vegetative cover (if any); 
(iii) Location and extent of perennial or intermittent streams and water 
ponding areas; 
(iv) Existing drainage patterns; and 
(v) 
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: 
(i) 
Arterial streets; 
(ii) 
Open space (public); 
(iii) Open space (private); 
(iv) Residential (if appropriate); 
(v) 
A stratification of residential uses in terms of single-family detached 
units, patio homes, townhouses, garden apartments, and the like; 
(vi) Commercial (if appropriate); and 
(vii) 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. 
 Planning and Zoning Commission review and hearing.

174 
(1) 
Notice of hearing. 
(a) 
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. 
(b) 
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. 
(2) 
Review. 
(a) 
In considering applications for P.A.D. approval, the Commission shall 
consider the following: 
(i) 
Interrelationship with the plan elements to conditions both on and 
off the property; 
(ii) 
Conformance to the general plan guide; 
(iii) The impact of the plan on the existing and anticipated traffic and 
parking conditions; 
(iv) The adequacy of the plan with respect to land use; 
(v) 
Pedestrian and vehicular ingress and egress; 
(vi) Architectural design; 
(vii) Landscaping; 
(viii) Provisions for utilities; 
(ix) Site drainage; 
(x) 
Open space and/or public land dedications; 
(xi) Grading; and 
(xii) Other related matters. 
(b) 
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. 
(c) 
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

175 
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. 
(d) 
The Commission shall notify the City Council, in writing, of its 
recommendation. 
 City Council consideration and hearing. 
(1) 
Consideration and hearing. 
(a) 
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. 
(b) 
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. 
(2) 
Review and approval. 
(a) 
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. 
(b) 
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. 
 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. 
 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.

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(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. 
 
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 § 154.156, 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: 
(i) 
Public and private streets and utilities; 
(ii) 
Landscaping; and 
(iii) 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. 
 
Method of withdrawing an application for P.A.D. approval. Any application for a

177 
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. 
 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 Council 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. 
 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) 
 
§ 154.161  PROCEDURE FOR APPEALS TO CITY COUNCIL. 
 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 City Council, unless otherwise stated within this Code, 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 Council the complete 
record of the action for which the appeal is made. Appeals to the Council may be 
made only in conjunction with an action. 
 Stay of proceedings. An appeal to the Council stays all proceedings in furtherance 
of the action appealed unless the officer from whom the appeal is taken certifies to 
the Council 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. 
 Notice of hearing. 
(1) 
No appeal may be granted by the Council until a public hearing has been held

178 
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. 
 Review and decision by the Council. Within 45 days of the date of application, but 
no sooner than 15 days from the date of public notice, the Council shall hear and 
decide arguments for appeal to the decision in question. The Council shall consider 
oral or written statements from the appellant, his or her agent or attorney, the public, 
and city staff members. The Council shall also study the record of the action from 
which the appeal is taken. The Council may, by three-fourths majority of the entire 
Council, approve an appeal or by simple majority, table the appeal. If tabled, the 
Council shall make a decision on the appeal at its next regularly scheduled meeting. 
The Council 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. 
 Notice of Council 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 
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) 
 
§ 154.162  FEES. 
 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. 
 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, see the Adopted 
Comprehensive Fee Schedule. 
(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

179 
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. 
 Any person violating any provision of this chapter for which no specific penalty is 
prescribed shall be subject to § 10.99. 
 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. 
 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. 
 Decisions of the Zoning Administrator may be appealed to the City Council in 
accordance with § 154.161. 
 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. 
 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. 
 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) 
 Any person in control of any premises who fails to correct a violation of this chapter 
within 30 days after notice thereof by the Zoning Administrator or his or her designee

180 
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) 
 
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) 
 
 
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