DRC_STAFF REPORT_ZONING CODE TEXT AMENDMENTS_042826.DOCX
City of Tempe — Development Review Commission Regular Meeting (2026-04-28)
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PL260085 – ZONING CODE TEXT AMENDMENTS Page 1 April 28, 2026 STAFF REPORT ZONING & DEVELOPMENT CODE TEXT AMENDMENTS (PL260085) COMMENTS: The Zoning and Development Code was adopted on January 20, 2005. More than two decades later, with feedback from Boards and Commissions, businesses, residents and staff, corrections and clarifications have been necessary to keep the code relevant to contemporary needs. New General Plans and changes in Arizona state laws have also necessitated updates. The Community Development Department Planning Division has phased incremental updates to manage the scope of change within the code. Phase four of the code modifications includes two ordinances. The first ordinance modifies Part 4 Development Standards, Chapter 9 - Signs. These changes were the result of a Zoning Administrator’s Opinion, questions from an applicant, and observations from staff administering the sign code for customer applications. The second ordinance modifies Parts 3, 4, 6 and 7 and covers a range of items proposed for clarification, correction, modification, update or addition to the various sections of the code. These changes were the result of a Zoning Administrator’s Opinion, input from customers and questions and observations from staff when implementing or enforcing the code. All proposed modifications were reviewed by staff from Planning, Project Assistance Team, Code Enforcement and the City Attorney’s office. PUBLIC INPUT Neighborhood meeting is not required for code text amendments Development Review Commission heard a presentation and discussed the changes at a study session on February 10, 2026. Neighborhood Advisory Commission heard a presentation and discussed the changes during a meeting on March 4, 2026. The draft ordinance was posted online and an email distributed to interested parties through the City list serve for development news. Upon completion of this report, staff has received no inquiries and comments regarding the proposed changes. DEVELOPMENT REVIEW COMMISSION STUDY SESSION Staff presented the proposed code text changes February 10, 2026, for preliminary feedback. Concern was expressed regarding the restriction of address numbers not being allowed to be used as business names (content of signage); subsequent revisions to the code removed this restriction. Concern was expressed about added process needed for sign type S addition; staff stated that the wayfinding signs were previously in the code, were removed due to content concerns, but continued to come in with applications received; however, staff did not have a mechanism for approving them without a sign type in the code. This is a customer-driven modification to allow these signs subject to review to assure no conflicts with landscape, sight visibility, or right-of-way. Concern was expressed about not increasing restrictions on signs, and staff noted that most of the changes are to clarify and remove ambiguity or align with policy that was not identified in the code. A question about the definitions of cremation and aquamation and what other methods might be used; staff noted that cremation is broader and includes “other methods” to address methods not commonly used but potentially available. (Since the study session, a Zoning Administrator Opinion was issued to recognize aquamation, being similar to cremation and would require a use permit.) Questions were answered during the study session; no additional feedback was provided. PL260085 – ZONING CODE TEXT AMENDMENTS Page 2 April 28, 2026 NEIGHBORHOOD ADVISORY COMMISSION Staff presented the proposed code changes March 4, 2026, for feedback. After the presentation, Commissioners had questions for Planning about a variety of issues about the code but not all were about the proposed amendments. Regarding the accessory structures changes, there was a question about existing structures being grandfathered in with changes. There are no changes to the setbacks in the code, there is a clarification to existing policy. But if a structure was permitted at the time it was built, and met the code at that time, then it would be grandfathered; however, if a structure was built without permits then it would be required to meet current codes when permits are obtained. A request was made to address circular driveways like those on Hardy Drive to make access easier. Staff explained that the restriction is not in the Zoning and Development Code, but the City code. The street frontage may not have more than 35% of the property street front used for parking. They may use the driveway for safe vehicular circulation (to drive in a forward motion entering and exiting the site); the issue is that they need to park in the garage or carport as the designated parking space and not use the circular driveway for parking, which would exceed the allowed parking area. No additional feedback was provided. GENERAL PLAN The proposed code text amendments will not impact the goals and objectives of the Tempe Tomorrow: General Plan 2050. The additions and modifications to the land use tables comply with the projected land uses in the General Plan. The proposed additions, clarifications and definitions to the ZDC will facilitate implementation of certain objectives within the General Plan relating to economic development, sustainability, and the protection of public health, safety and welfare. HISTORY & FACTS: January 20, 2005 City Council adopted the Zoning and Development Code, a new Zoning Ordinance 2003.36 and repealing Zoning Ordinance 808, which had been in effect since this date. Subsequent revisions have been made to the code over the past twenty years to keep the code current with General Plan updates, changes in state laws, new technologies and other factors that affect code implementation and enforcement. April 28, 2026 Development Review Commission is scheduled to hear the requested Zoning and Development Code text amendments for recommendation to City Council. May 14, 2026 City Council is scheduled for the first public hearing for the requested Zoning and Development Code text amendments. June 4, 2026 City Council is scheduled for a second and final public hearing for Zoning and Development Code text amendments. ZONING AND DEVELOPMENT CODE REFERENCE: Section 3-202, Permitted Uses in Commercial and Mixed-Use Districts Section 3-302, Permitted Uses in Office/Industrial Districts Section 3-401, Accessory Buildings, Uses and Structures Section 3-420, Single-Family Residential Second Story Addition or Rebuild Section 4-101, Development Standard Administration Section 4-201, Development Standards for Residential Districts Section 4-202, Development Standards for Residential Districts Section 4-203, Development Standards for Commercial and Mixed-Use Districts PL260085 – ZONING CODE TEXT AMENDMENTS Page 3 April 28, 2026 Section 4-204, Development Standards for Office/Industrial Districts Section 4-404 Building Height Stepback Section 4-603, Parking Ratios Section 4-604 Shared Parking Section 4-605 Off-Site Parking Affidavit Section 4-606 Parking Area Dimensions Section 4-702 General Landscape Standards Section 4-704 Parking Facility Landscape Standards Section 4-803 Lighting Standards Section 6-308, Use Permit Section 6-802 Parties to an Appeal Section 7-102 “A” Definitions Section 7-104 “C” Definitions Section 7-110 “L” Definitions