EXHIBIT A OF ORDINANCE 2026.YY_ZDC PARTS3-7 CODE TEXT AMENDMENTS 051426.DOCX
City of Tempe — Development Review Commission Regular Meeting (2026-04-28)
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1 Exhibit A of Ordinance No. O2026.YY EXHIBIT A To Ordinance No. O2026.YY Zoning and Development Code Text Amendments PART 3 – LAND USE CHAPTER 2 – PERMITTED USES IN COMMERCIAL AND MIXED-USE DISTRICTS Section 3-202 Permitted Uses in Commercial and Mixed-Use Districts Table 3-202A identifies land uses according to permit status. See key below the table: Table 3-202A - Permitted Land Uses (R/O, CSS, CC, PCC, RCC) Uses Status of Use District R/O CSS CC PCC-1 PCC-2 RCC … Assisted Living FacilitYies [Section 3-413] N U(S) U(S) U(S) U(S) U(S) … CemeterYies, Crematoriums, AQUAMATION, COLUMBARIUM and Mausoleums OR SIMILAR USES N U U U U N Childcare Centers: Nursery Schools, Day Care Centers, similar P P P P P P Clinic (medical, dental, veterinary (small animals)) P P P P P P Plasma donation center U U U U U U … Mini-Warehouse/Rental Storage FacilitYies [Section 3-415] N U(S) N U(S) U(S) S MUSEUM N P P P P P Offices P P P P P P … Retail Sales [See Appendix M.] N P P P P P Gun shop N U U U U U Convenience Store (a) N P P P P P Gas/fuel sales (a) N U U U U U 2 Exhibit A of Ordinance No. O2026.YY Drive-through or drive-in [Section 3- 408] N U(S) S S S S Liquor store N U U U U U Outdoor retailing [Section 3-417] N U(S)/S S U(S)/S U(S)/S U(S)/S Tire store N U U U U U Tobacco retailer [Section 3-423] N U(S) U(S) U(S) U(S) U(S) Schools Charter P P P P P P Instructional P P P P P P Private U U U U U U Public P P P P P P Vocational N U U U U U Services [See Appendix M.] N P P P P P Auto title loan [Section 3-423] N U(S) U(S) U(S) U(S) U(S) Barber/beauty salon P P P P P P Employment agency U U U U U U Financial institution (without drive through) P P P P P P Deferred presentment companYies [Section 3-423] N U(S) U(S) U(S) U(S) U(S) Massage establishment U U U U U U Mortuary N U U U U U Personal or business (e.g. drycleaner, small appliance repair) N P P P P P Photography Studio, except adult- oriented businesses N P P P P P Tattoo, body piercing establishment [Section 3-424] N U(S) U(S) U(S) U(S) U(S) Tutoring/After school learning center P P P P P P 3 Exhibit A of Ordinance No. O2026.YY Vehicle based service (e.g. courier, delivery service, taxi and ambulance dispatch) N U U U U U With drive through (e.g. dry cleaner, FINANCIAL INSTITUTION) [Section 3- 408] N S S S S S Similar Uses [Section 6-301] S S S S S S Smoking Establishment [Section 3-423] N U(S) U(S) U(S) U(S) U(S) Vehicle Auto Body Repair N N N N N N Car wash [Section 3-408] N U(S) N U(S) U(S) S Repair N N U U U P Sales/rental (indoor or outdoor) N N U U U P Service station N U N U U P TIRE SHOP (SALES, INSTALLATION AND REPAIR) N U U U U U Vehicle service N P P P P P Warehouse Commercial N P P P P P Vacation and Short-Term Rentals [Section 3-428] S S S S S S Wireless Telecommunication FacilitYies [Section 3-421] U(S) U(S) U(S) U(S) U(S) U(S) … Table 3-202B - Permitted Land Uses (MU-1, MU-2, MU-3, MU-4 and MU-Ed) Uses Districts MU-1 MU-2 MU-3 MU-4 MU-Ed … Childcare, In-Home Not to exceed 6 children [Section 3-407] S S S S U(S) 7 to 10 children [Section 3-407] U(S) U(S) U(S) U(S) U(S) 4 Exhibit A of Ordinance No. O2026.YY Childcare Centers: Nursery Schools, Day Care Centers, similar P P P P P Clinic (medical, dental, veterinary (small animals)) P P P P U Plasma donation center U U U U U … Motion Picture/Recording Studios N N N N P MUSEUM P P P P P Offices P P P P P … Retail Sales [See Appendix M.] P P P P P Convenience Store (a) P P P P U Drive-through [Section 3-408] N N U(S) S U(S) Gas/fuel sales (a) N N N N U Gun shop U U U U U Liquor store U U U U U Outdoor retailing [Section 3-417] U(S) U(S) U(S) U(S) S Tire store U U U U U Tobacco retailer [Section 3-423] U(S) U(S) U(S) U(S) U(S) Schools Charter P P P P P Instructional U U U U P Private U U U U P Public P P P P P Vocational U U U U P Services [See Appendix M.] P P P P P Auto title loan [Section 3-423] U(S) U(S) U(S) U(S) U(S) Barber/Beauty Salon P P P P U Employment agency U U U U U 5 Exhibit A of Ordinance No. O2026.YY Financial institutions (without drive through) P P P P P Deferred presentment companYies [Section 3-423] U(S) U(S) U(S) U(S) U(S) Massage establishment U U U U U Mortuary U U U U U Personal or business (e.g. drycleaner, small appliance repair) P P P P P Photography Studio, except adult-oriented businesses P P P P P Vehicle base service (courier, delivery service, taxi and ambulance dispatch) N N N N U Smoking Establishment [Section 3-423] N U(S) U(S) U(S) U(S) Tattoo, body piercing establishment [Section 3-424] N N U(S) U(S) N TIRE SHOP (SALES, INSTALLATION AND REPAIR) U U U U U Tutoring/After school learning center P P P P P With drive through (e.g. dry cleaner) [Section 3-408] N S S S U(S) Similar Uses [Section 6-301]] S S S S S STADIUM, ARENA (MULTI-PURPOSE) N N N P P Vacation and Short-Term Rentals [Section 3-428] S S S S S Vehicle Service P P P U U Wireless Telecommunication FacilitYies [Section 3-421] U(S) U(S) U(S) U(S) U(S) 6 Exhibit A of Ordinance No. O2026.YY PART 3 – LAND USE CHAPTER 2 – PERMITTED USES IN COMMERCIAL AND MIXED-USE DISTRICTS Section 3-302 Permitted Uses in Office/Industrial Districts. Table 3-302A identifies land uses according to permit status. See key below the table: Table 3-302A Permitted Land Uses (LID, GID, HID) Uses Districts LID GID HID … Cement and Paving Material Mixing Plant N N P Cemetery, Crematorium, AQUAMATION, COLUMBARIUM, Mausoleum N U U Childcare, center,: nNursery sSchool, daycare DAY CARE center, similar N U U Clinics: Medical, Dental and Veterinary P P P Commercial Uses - and all other uses under Table 3-202A "Permitted land Uses", unless otherwise specified in this table (except outdoor display) U U U … Motion Picture/Recording Studios P P P MUSEUM N P P Offices P P P … Vehicle Auto Body Repair N P P Auto Salvage, parts, supplies or wrecking N N P Car Wash N U U Repair N P P Sales/Rental (indoor or outdoor) N U U Service Station N U U TIRE SHOP (SALES, INSTALLATION AND REPAIR) U U U Towed Vehicle Storage N P P 7 Exhibit A of Ordinance No. O2026.YY Vehicle service U U U Warehouse, including distribution centers N P P Wholesaling, Repairing, Storage, and Rental Activities - in conjunction with a permitted use N P P Wireless Telecommunication FacilitYies [Section 3-421] U(S) U(S) U(S) Key: P = Permitted S = Permitted with special standards or limitations U = Use Ppermit required N = Not permitted (A) SECURITY PLAN REQUIRED. SEE SECTION 6-313 LID = Light Industrial District (previously IBD district) GID = General Industrial District (previously I-1 and I-2 districts) HID = Heavy Industrial District (previously I-3 district) Part 3 – LAND USE CHAPTER 4 – SPECIAL USE STANDARDS Section 3-401 - Accessory USES, Buildings, Uses and Structures. A. Applicability. Accessory buildings, uses and structures shall be incidental to the principal use. They must occupy less floor area, cover less lot area, and have a use that is secondary to the primary structure(s) and use(s) on the property. Buildings, structures (e.g., fence, carport, deck, etc.), and uses may all function as "accessory," subject to the provisions below. ACCESSORY STRUCTURES ARE PERMITTED IN ALL ZONING DISTRICTS. ACCESSORY BUILDINGS ARE PERMITTED ON PROPERTIES IN SINGLE-FAMILY RESIDENTIAL DISTRICTS OR WITH A SINGLE-FAMILY USE, SUBJECT TO THE FOLLOWING: B. Accessory Uses. Accessory USES buildings may be used for INCLUDE home occupations in reference to Section 3-412. C. Accessory Building. Buildings that exceed two hundred (200) square feet in area or eight (8) feet in height are accessory buildings (e.g., freestanding garages, large sheds, workshops, etc.). 1. Use. Accessory buildings shall not be used as a dwelling, except where permitted as guest quarters or as accessory dwelling units. 2. Setback. a. Accessory buildings shall not be located in the required front yard and street side yard building setbacks, except per subsection c. below for the purposes of providing one (1) permanent engineered shade detached structure located over the required driveway; 8 Exhibit A of Ordinance No. O2026.YY b. Accessory buildings shall be setback at least three (3) feet from all side and rear property lines. An additional one (1) foot setback is required for every additional foot in height above nine (9) feet, up to fifteen (15) feet in height. This requirement may be reduced to the minimum setback standards required in the district, subject to approval of a Use Permit Standard, pursuant to Section 6-308; c. Detached engineered shade structures are allowed in the front yard, subject to a uUse pPermit, and shall be limited to the area over the required driveway and shall be setback a minimum of five (5) feet from side, street side and front lot lines. d. Accessory buildings in the AG district shall comply with the setback standards required in the district; e. When adjacent to a dedicated public alley, the side and rear yard setbacks for an accessory building shall be measured from the midpoint of the alley; and f. Accessory buildings shall comply with required separation for applicable building codes. Figure 3-401 C1 Accessory Building 3. Height. a. The maximum allowed building height shall be fifteen (15) feet. Additional height may be ++++ permitted up to the maximum height allowed in the district, subject to approval of a Use Permit, pursuant to Section 6-308; and b. In the AG district, accessory buildings may be erected to the maximum allowed height in the district. TABLE 3-401 C1. Applicable to all Single-Family Residential Zoning districts or use except AG Building Height Setback (Sides / Rear) 0' to 89'-0" No setback required 3’ min. 9 Exhibit A of Ordinance No. O2026.YY … Part 3 – LAND USE CHAPTER 4 – SPECIAL USE STANDARDS Section 3-420 - Single-Family Residential Second Story Addition, Rebuild. A. PURPOSE: the purpose of this section is to allow second story additions to existing residences, for additional indoor or outdoor space. B. APPLICABILITY: A uUse pPermit is required for any single story, single- family residence to add, expand, or rebuild for a second story. This provision is applicable to viewing decks, play structures and detached accessory buildings and structures that have a second story. SEE PROCEDURES AND CRITERA IDENTIFIED IN SECTION 6-308 C. Exceptions: 1. This section shall not apply to replacement dwellings where the dwelling occupying a lot was demolished prior to Ordinance No. 808.8718 effective December 19, 1987. 2. This section shall not apply to existing vacant lots/parcels of land without a prior residence, or to newly subdivided lots. 3. This section shall not apply to conversions of attics into occupiable space, where no changes or additions are made to the roofline of the existing residence. 4. THIS SECTION SHALL NOT APPLY TO EXISTING ORIGINAL TWO-STORY SINGLE-FAMILY RESIDENCES (NOT ENTITLED FOR A USE PERMIT FOR A SECOND STORY BASED ON EXCEPTIONS C. 1-2) ADDING A TWO- STORY ACCESSORY BUILDING OR ATTACHED OR DETACHED ACCESSORY DWELLING UNIT. C. Additional criteria for determining approval of a use permit: setback 8'-1" to 9'0" 3' min. setback 9'-1" to 10'0" 4' min. setback 10'-1" to 11'0" 5' min. setback 11'-1" to 12'0" 6' min. setback 12'-1"—13'0" 7' min. setback 13'-1" to 14'0" 8' min. setback 14'-1" to 15'0" 9' min. setback 15'-1" + 9' min. setback 10 Exhibit A of Ordinance No. O2026.YY 1. The proposed second story is designed to be compatible with the architecture of the residence and compatible with the surrounding neighborhood; 2. There are design considerations for privacy to adjacent properties and protection of existing solar appurtenances on adjacent lots; and 3. There is sufficient parking on site or on the street frontage to accommodate guests. Addition shall be required to meet current single family parking standards pursuant to Section 4-603, parking ratios. … PART 4 – DEVELOPMENT STANDARDS CHAPTER 1 – DEVELOPMENT STANDARD ADMINISTRATION Section 4-101 - Purpose and Applicability. A. Purpose. Part 4 provides standards for development density, height, setbacks, lot coverage, building design, parking, landscape, access and circulation for pedestrians and vehicles, signs, lighting, and infrastructure. The intent of these regulations is to minimize land use conflicts, conserve and enhance design character and aesthetic values throughout the City; support crime prevention and safety including accessibility for persons with disabilities; and provide multi-modal transportation options for the general public. B. Applicability. Unless otherwise noted, all uses and developments shall conform to Part 4, Development Standards. Additionally, except for density, an increase in the defined maximum standards and/or a decrease in the required minimum standards in Tables 4-202A, 4-202B, 4-202C, 4-203A, 4-203B, 4-204 may be allowed up to the percentages noted in designated tables subject to A PUBLIC HEARING FOR USE PERMIT STANDARD use permit and are considered a development standard of Part 4 of this Code. … PART 4 – DEVELOPMENT STANDARDS CHAPTER 2 – GENERAL DEVELOPMENT STANDARDS Section 4-201 - Purpose and Applicability. This chapter provides general standards for development density, building height, lot coverage, setbacks and clear vision areas for all base zoning districts. General development standards for Tempe's overlay districts are provided in Part 5. A. Use Permit Standard. The uUse pPermit sStandard allows a change in the general development standards by a specified percentage within Sections 4- 202, 4-203, and 4-204. This request is subject to obtaining a uUse pPermit STANDARD, pursuant to the provisions found in Section 6-308. Fractional numbers of a percentage shall be determined, pursuant to Section 1-209. 11 Exhibit A of Ordinance No. O2026.YY B. Density. When a zoning district has a residential density of no standard (NS), the proposed density must conform to the General Plan Projected Residential Density map. Any deviation from the General Plan map shall require processing of an amendment, pursuant to Section 6-302. (Ord. No. 2005.48, 8-18-2005) Section 4-202 Development Standards for Residential Districts. Tables 4-202A, 4-202B, and 4-202C, respectively, provide the development standards for Tempe's single-family residential and agricultural districts, multi-family residential districts, and mobile home districts. Table 4-202A - Development Standards in Agricultural and Single-Family Districts (1) Standard AG R1- 15 R1- 10 R1- 8 R1- 7 R1- 6 R1- 5 R1-4 R1- PA D Use Permit Standa rd Density (DU/Acre) 1 2.40 2.80 3.35 3.75 4 6 8 NS NA Minimum Net Site Area (square feet) per Dwelling 43,56 0 sf 15,00 0 sf 10,00 0 sf 8,00 0 sf 7,00 0 sf 6,00 0 sf 5,00 0 sf 4,000 sf except 3,000 sf for commo n wall NS NA Minimum Lot Width (feet) 115 ft 115 ft 90 ft 80 ft 70 ft 60 ft NS NS NS 10% Minimum Lot Length (feet) 150 ft 120 ft 100 ft 100 ft 100 ft 100 ft NS NS NS 10% Maximum Height (feet) (E) [Exceptions, see Section 4- 205(A)] 30 ft 30 ft 30 ft 30 ft 30 ft 30 ft 30 ft 35 ft NS 10% Maximum Lot Coverage (% of net site area) 25% 45% 45% 45% 45% 45% NS NS NS 10% Setback (feet) (c): 12 Exhibit A of Ordinance No. O2026.YY [Exceptions, see Section 4- 205(B)] Front - Building 40 ft 35 ft 30 ft 20 ft 20 ft 20 ft 20 ft 15 ft except 20 ft for garage NS 20% Front - Open Structures (e.g. BALCONY, pPorch, or trellis) 35 ft 30 ft 25 ft 15 ft 15 ft 15 ft 15 ft 10 ft NS 20% Side (f) 20 ft 15 ft 10 ft 7 ft 7 ft 5 ft (d) 5 ft (d) 5 ft (a)(d) NS 20% Rear (f) 35 ft 30 ft 25 ft 20 ft 15 ft 15 ft 15 ft 15 ft NS 20% Street Side (b) 25 ft 20 ft 15 ft 10 ft 10 ft 10 ft 10 ft 10 ft NS 20% STREET SIDE - OPEN STRUCTU RES (EG. BALCONY , PORCH) 20 FT 15 FT 10 FT 7 FT 7 FT 5 FT (d) 5 FT (d) 5 FT (a)(d) NS 20% NA NS = No Standard NA = Not Applicable. (1) An overlay district may modify the above standards. See Part 5. (a) 0 feet for common wall. (b) Street side yard setback for corner lots adjacent to key lots shall be increased by ten (10) additional feet. (c) See also, Section 3-401 for setbacks applying to accessory structures and buildings. (d) Use Permit Standard does not apply. (e) Second story addition or rebuild, See Section 3-420. (f) If adjacent to a dedicated public alley, setback shall be measured from the midpoint of the alley. Table 4-202B- Development Standards in Multi-Family Districts (1) Standard R-2 R-3R R-3 R-4 R-5 Use Permit 13 Exhibit A of Ordinance No. O2026.YY Standar d Density (DU/acre) 10 15 20 25 30 NA Minimum Lot Area per Dwelling Unit (square feet) 3,60 0 sf 2,90 0 sf 2,18 0 sf 1,74 0 sf 1,45 0 sf NA Building Height [Exceptions, see Section 4- 205(A)] Building Height Maximum (feet) 30 ft 30 ft 30 ft 40 ft 50 ft 10% Building Height Step-Back Required Adjacent to SF or MF District OR USE, [Section 4-404, Building Height Step- Back] No No No Yes Yes NA Maximum Lot Coverage (% of net site area) 45% 45% 50% 60% 70% 10% (f) Minimum Landscape Area (% of net site area) 30% 30% 25% 25% 25% 10% (f) Setbacks (feet) (b): [Setback Exceptions, See Section 4-205(B)] Front Building 20 ft 20 ft 20 ft 20 ft 20 ft 20% Open Structures (e.g. BALCONY, pPorch or trellis) 15 ft 15 ft 15 ft 15 ft 15 ft 20% Parking 20 ft 20 ft 20 ft 20 ft 20 ft 20% Side (d) Building Walls 10 ft 10 ft 10 ft 10 ft 10 ft 20% OPEN STRUCTURES (EG. BALCONY, Porch, or Balcony) 5 ft (c) 5 ft (c) 5 ft (c) 5 ft (c) 5 ft (c) 20% NA Common Walls, ADJACENT COMMON AREA TRACTS 0 ft 0 ft 0 ft 0 ft 0 ft NA Rear (d) 14 Exhibit A of Ordinance No. O2026.YY Building Wall, BALCONY or Porch, Balcony 15 ft 15 ft 15 ft 10 ft 10 ft 20% Common Walls, ADJACENT COMMON AREA TRACTS, INTERNAL LOT LINES 0 ft 0 ft 0 ft 0 ft 0 ft NA Street Side (a) 10 ft 10 ft 10 ft 10 ft 10 ft 20% OPEN STRUCTURES (EG. BALCONY, PORCH) 5 FT (c) 5 FT (c) 5 FT (c) 5 FT (c) 5 FT (c) 20% NA Parking 20 ft 20 ft 20 ft 20 ft 20 ft 20% NS = No Standard. NA = Not Applicable. (1) An overlay district may modify the above standards. See Part 5. (a) Street side yard setback for corner lots adjacent to key lots shall be increased by ten (10) additional feet. (b) See also, Section 3-401 for setbacks applying to accessory structures and buildings. (c) Use Permit Standard does not apply. (d) If adjacent to a dedicated public alley, setback shall be measured from the midpoint of the alley. (e) See also Section 3-420, Single-Family Residential Second Story Addition or Rebuild. (F) THE 10% USE PERMIT STANDARD PROVIDES AN ADDITIONAL PERCENTAGE OF THE MAXIMUM LOT COVERAGE OR 10% REDUCTION IN THE MINIMUM LANDSCAPE AREA (EG. 45% X 10% = 4.5% CHANGE). Section 4-203 Development Standards for Commercial and Mixed-Use Districts. Tables 4-203A and 4-203B, respectively, provide the development standards for commercial districts and mixed-use districts. Table 4-203A - Development Standards in Commercial Districts (1) Standard R/O CS S (2) CC PCC -1 PCC -2 RC C Use Permit Standard Residential Density (DU/acre) 10 20 (U) NS 15 (U) 25 (U) NS NA Building Height [Exceptions, see Section 4-205(A)] Building Height Maximum 30 ft 35 ft 50 ft 35 ft 40 ft 75 ft 20% Building Height Step-Back Required Adjacent to SF or MF No No Yes Yes Yes No NA 15 Exhibit A of Ordinance No. O2026.YY District OR USE, [Section 4-404, Building Height Step-Back] Maximum Lot Coverage (% of net site area) 35 % 50 % NS 50% 50% 50 % 20% Minimum Landscape Area (% of net site area) 30 % 15 % NS 15% 15% 15 % 10% Setbacks (a) [Exceptions, see Section 4-205(B)] Front 15 ft 0 ft 0 ft 0 ft 0 ft 25 ft 10% Parking 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft 10% Side Building Wall 10 ft 0 ft 0 ft 30 ft 30 ft 25 ft 10% Common Wall 0 ft 0 ft 0 ft 0 ft 0 ft 0 ft NA Rear - Building Wall 10 ft 10 ft 0 ft 30 ft 30 ft 25 ft 10% Street Side 10 ft 0 ft 0 ft 0 ft 0 ft 25 ft 10% Parking 20 ft 20 ft 20 ft 20 ft 20 ft 20 ft 10% INTERNAL LOT LINES (3) NA 0 FT 0 FT 0 FT 0 FT 0 FT NA NS = No Standard. NA = Not Applicable. (U) = Denotes Use Permit requirement in those districts. (1) An overlay district may modify the above standards. See Part 5. (2) CSS district formerly known as CCR, C-1 and C-2 districts. (a) See also, Section 3-401 for setbacks applying to accessory structures and buildings. (3) WHEN ADJACENT TO THE SAME ZONING DISTRICT, INTERNAL LOT LINES DO NOT REQUIRE A SETBACK: THE SETBACK REQUIREMENT IS DETERMINED BY THE BUILDING CODE BASED ON THE BUILDING PROXIMITY TO LOT LINES. Page 16 of 38 Table 4-203B - Development Standards in Mixed-Use Districts Standard MU-1 (1) MU-2 (1) MU-3 (1) MU-4 (1) (2) MU- Ed Use Permit Standar d Residential Density (DU/acre) 10 25 15 45 25 65 NS NS NA Building Height (feet) [Exceptions, see Section 4-205(A)] Building Height Maximum 35 40 ft 40 60ft 50 80ft NS NS 20% Building Height Step-Back Required Adjacent to SF or MF District OR USE [Section 4-404, Building Height Step-Back] Yes Yes Yes Yes (3) NA Maximum Lot Coverage (% of net site area) NS NS NS NS NS NA Minimum Landscape Area (% of net site area) NS NS NS NS NS NA Setbacks (feet) (a) [Exceptions, see Section 4-205(B)] Front Building Wall NS NS NS NS NS NA Parking 20 ft 20 ft 20 ft 20 ft 20 ft Side Building Wall NS NS NS NS NS NA Street Side Building Wall NS NS NS NS NS NA Parking 20 ft 20 ft 20 ft 20 ft 20 ft Rear Building Wall NS NS NS NS NS NA INTERNAL LOT LINES (4) 0 FT 0 FT 0 FT 0FT 0 FT NA NS = No Standard. NA = Not Applicable. (1) Requires PAD Overlay with initial zoning. Page 17 of 38 (2) MU-4 district formerly known as MG district. (3) Development and uses other than Public University uses or Public University related uses that are adjacent to or separated by an alley from a residential use shall not exceed thirty (30) feet in height. (a) See also Section 3-401 for setbacks applying to accessory structures and buildings. (4) WHEN ADJACENT TO THE SAME ZONING DISTRICT, INTERNAL LOT LINES DO NOT REQUIRE A SETBACK: THE SETBACK REQUIREMENT IS DETERMINED BY THE BUILDING CODE BASED ON THE BUILDING PROXIMITY TO LOT LINES. Section 4-204 Development Standards for Office/Industrial Districts. Table 4-204 provides the development standards for Tempe's office/industrial districts. Table 4-204 - Development Standards in Office/Industrial Districts (1) Standard LID (2) GID (3) HID (4) Use Permit Standard Building Height (feet) [Exceptions, see Section 4-205(A)] Building Height Maximum 30 ft 65 FT 65ft 10% Building Height Step-Back Required Adjacent to SF or MF District OR USE [Section 4-404, Building Height Step- Back] Yes Yes Yes NA Maximum Lot Coverage (% of net site area) 40% NS NS 10% Minimum Landscape Area (% of net site area) 10% 10% 10% NA Setbacks (feet) (a) [Exceptions, see Section 4-205(B)] Front 30 ft 25 ft 25 ft 25% Parking 20 ft 20 ft 20 ft 10% Side 10 ft 0 ft 0 NA Rear 10 ft 0 ft 0 NA Street Side 30 ft 25 ft 25 ft 20% Parking 20 ft 20 ft 20 ft 10% NS = No Standard. NA = Not Applicable. Page 18 of 38 (1) An overlay district may modify the above standards. See Part 5. (2) LID district formerly known as IBD district. (3) GID district formerly known as I-1 and I-2 districts. (4) HID district formerly known as I-3 district. (a) See also, Section 3-401 for setbacks applying to accessory structures and buildings. … CHAPTER 4 – BUILDING DESIGN Section 4-404 Building Height Step-Back. When a district other than single-family is immediately adjacent or separated by an alley to a single-family or multi-family residential district OR USE, (except when such single-family or multi-family districts are used for a public park) building facades are required to step-back, one (1) additional foot setback for each one (1) foot additional building height over thirty (30) feet. Step-back requirements begin at a height of thirty (30) feet, FROM THE ZONING DISTRICT SETBACK. WHERE A STEP-BACK IS REQUIRED, A PLANNED AREA DEVELOPMENT OR OTHER DISTRICTS WITH ZERO (0) FOOT SETBACKS, SHALL HAVE A MINIMUM FIVE (5) FOOT SIDE OR TEN (10) FOOT REAR SETBACK FOR THE PURPOSES OF BUILDING HEIGHT. The building facades shall step-back as generally illustrated in Figure 4- 404, below: Figure 4-404. Building Height Step-Back PART 4 – DEVELOPMENT STANDARDS Page 19 of 38 CHAPTER 6- PARKING SECTION 4-603 - PARKING RATIOS The number of required off-street vehicle and bicycle parking spaces shall be calculated for each use as follows: A. On-Site Parking Spaces. The minimum parking ratios in Table 4-603E, below, are applied to each use on the site. Statements like "+ office" are intended to remind the applicant to identify and include all independent uses. Parking calculations shall be provided for every separate main or primary use on the site, as identified in the site and floor plans submitted for City approval. B. Accessible Parking Spaces (Americans with Disabilities Act - ADA). The minimum number of accessible parking spaces shall conform to ADA requirements. Refer to Federal ADA code. C. Maximum Parking Spaces. Except for the RCC zoning district and all MU districts, the number of parking spaces provided by any development in surface parking lots shall not exceed one hundred twenty-five (125) percent of the minimum required spaces in Table 4-603E, except as follows: 1. Parking within the building footprint of a structure (e.g., rooftop parking, below-grade parking, multi-level parking structure); 2. When a change in use causes a lower parking requirement; 3. Parking spaces managed for shared parking; 4. A uUse pPermit is required to provide more surface parking than the maximum standard and additional landscape is required per Section 4- 704(A); and 5. Phased projects do not need to comply, until the final phase is constructed., AND; 6. FOR LOTS THAT PROVIDE NO MORE THAN 20 PARKING SPACES. D. Parking Calculations. If the Zoning Administrator determines that an activity could function independent of the main use for the space, lot or building, then it must be included in the required parking calculation and must provide parking of its own. A separate parking calculation is not required for accessory uses. Parking calculations shall follow the requirements below: 1. When multiple uses are proposed, the fractional parking requirement for each use is added together prior to rounding, per Section 1-209; 2. Net floor area shall be used for square footage calculations, except where otherwise indicated; 3. The following standards apply to specified and unspecified tenant spaces in industrial buildings: a. Specified Tenant(s): Page 20 of 38 i. Where tenants are specified and listed by name of company, parking is calculated according to the uses identified in the floor plan. b. Unspecified Tenant(s): i. This provision is specifically used for distribution and industrial buildings WITHOUT SPECIFIED TENANTS larger than one hundred thousand (100,000) FORTY THOUSAND (40,000) square feet. The building shall be divided into equal tenant spaces with no tenant space containing more than forty thousand (40,000) square feet. After dividing the individual tenant spaces into twenty percent (20%) office use and eighty percent (80%) warehouse use, the parking standard is one (1) space per five hundred (500) square feet for the first ten thousand (10,000) square feet of the warehouse use, and one (1) space per five thousand (5,000) square feet for the remaining warehouse area. The office portion shall be calculated at one (1) space per three hundred (300) square feet of office floor. ii. This provision is specifically used for office buildings, warehouse buildings, or combination office/warehouse buildings that do not exceed forty thousand (40,000) square feet. Parking is calculated with twenty percent (20%) office and eighty percent (80%) warehouse. The warehouse standard is one (1) space per five hundred (500) square feet for the first ten thousand (10,000) square feet and one (1) space per five thousand (5,000) square feet for the remaining warehouse area. The office shall be calculated at one (1) space per three hundred (300) square feet. No minimum floor area is specified in this scenario. 4. Bicycle Parking. The bicycle parking ratios are indicated in the columns listed in Table 4-603E when required. Bicycle parking ratios in the "Bicycle Commute Area" apply to properties north of Southern Avenue extending north, east and west to the City limit lines. E. Parking Ratio Table. Table 4-603E provides minimum off-street parking requirements for uses allowed by this Code. Requirements for uses not specifically listed shall be determined by the Zoning Administrator using the similar use ruling procedure in Section 6-301. Parking ratios for uses in all MU zoning districts shall be established through the PAD Overlay process. Parking ratios for uses located in the CC, City Center District, shall comply with the standards established in Table 4-607A, Downtown Parking Standards. Table 4-603E: Ratios for Off-Street Parking Page 21 of 38 Use Vehicle Parking Minimums Bicycle Parking Minimums Bicycle Commute Area Bed and breakfast 1 space per guest bedroom NS NS CHILDCARE CENTER 1 SPACE PER 300 SF 1 PER 3,000 SF 1 PER 1,500 SF Church/place of worship 1 space per 100 sf for sanctuary + school, etc. 1 per 1,500 sf 1 per 1,500 sf Clinic (medical, dental, veterinary) 1 space per 150 sf 1 per 12,000 sf, 2 min 1 per 12,000 sf, 2 min Club Bar/tavern/nightclub/teen night club 1 space per 50 sf 1 per 1,000 sf 1 per 500 sf Lodge/club or similar 1 space per 125 sf 1 per 2,000 sf 1 per 2,000 sf Outdoor (no parking first 300 sf; per tenant space) 1 space per 150 sf 1 per 2,000 sf 1 per 2,000 sf Conference/assembly 1 space per 125 sf 1 per 2,000 sf 1 per 2,000 sf Childcare center 1 space per 300 sf 1 per 3,000 sf 1 per 1,500 sf Entertainment Amusement park 1 per 500 sf of public area 1 per 5,000 sf 1 per 2,500 sf Arcade 1 space per 150 sf 1 per 1,000 sf 1 per 500 sf Billiard establishment 1 space per 125 sf 1 space per 2,000 sf 1 space per 1,500 sf Bowling alley 5 spaces per lane + bar, etc. 0.5 per lane 0.5 per lane Court (tennis, racquetball, etc.) 2 per court + restaurant, etc. 0.5 per court 0.5 per court Golf course/clubhouse 4 spaces per green + restaurant, pro shop, etc. 0.2 per green 0.2 per green Golf driving range 0.5 space per tee + retail (pro shop) 1 per 10 tees 1 per 10 tees Page 22 of 38 Mini-golf 1 space per hole + arcade, etc. 0.5 per hole 0.5 per hole Museum 1 space per 250 sf 1 per 4,000 sf 1 per 3,000 sf Stadium/arena 0.2 space per seat + restaurant, etc. 1 per 100 seats 1 per 100 seats Team sports (volleyball, baseball, soccer, etc.) 9 per field or court 4 per field or court 4 per field or court Theater 1 space per 3 seats 1 per 40 seats 1 per 30 seats Fitness center 1 space per 125 sf or sum of components (courts, daycare, office, etc.), whichever is less 1 per 2,000 sf 1 per 2,000 sf Fraternity/sorority 1.5 spaces per bedroom 0.5 per bedroom 1 per bedroom Hospital 0.5 space per bed & 1 space per doctor on staff + 0.5 space per employee 0.2 space per employee 0.2 space per employee Hotel/motel 1 space per unit + office, etc. 1 per 20 units 1 per 20 units Manufacturing 1 space per 1,000 sf + office 1 per 10,000 sf 1 per 10,000 sf Mini-warehouse/rental storage facilities 1 per 5,000 sf; includes manager's office NS NS Mortuary 1 space per 125 sf 2 spaces 2 spaces Nursing home/elder care 0.5 space per bed 0.05 per bed 0.05 per bed Office 1 space per 300 sf 1 per 10,000 sf, 2 min 1 per 8,000 sf, 4 min Call center 1 space per 150 sf 1 per 1,500 sf 1 per 750 sf RESIDENTIAL MOBILE HOME/TRAILER 2 SPACES + 0.2 GUEST SPACES PER UNIT NS NS Page 23 of 38 MULTI-FAMILY GUEST 0.2 SPACE PER UNIT 0.2 SPACE PER UNIT 0.2 SPACE PER UNIT STUDIO 1 SPACE PER UNIT 0.5 PER UNIT 0.75 PER UNIT 1 BEDROOM 1.5 SPACES PER UNIT 0.5 PER UNIT 0.75 PER UNIT 2 BEDROOM 2 SPACES PER UNIT 0.5 PER UNIT 0.75 PER UNIT 3 BEDROOM 2.5 SPACES PER UNIT 0.75 PER UNIT 1 PER UNIT 4 BEDROOM 3 SPACES PER UNIT 0.75 PER UNIT 1 PER UNIT SINGLE-FAMILY INCLUDING ADDITIONS (UP TO 5 BEDROOMS) 2 SPACES PER UNIT R1-PAD REQUIREMENT SHALL BE ESTABLISHED WITH THE PAD OVERLAY R1-PAD REQUIREMENT SHALL BE ESTABLISHED WITH THE PAD OVERLAY SINGLE-FAMILY INCLUDING ADDITIONS (6 OR MORE BEDROOMS) 3 SPACES PER UNIT Restaurant Indoor 1 space per 75 sf 1 per 1,000 sf 1 per 500 sf Outdoor (no parking first 300 sf; per tenant space) 1 space per 150 sf 1 per 2,000 sf 1 per 2,000 sf Take out only (no tables/chairs) 1 space per 300 sf 1 per 10,000 sf, 2 min 1 per 7,500 sf, 4 min Retail Indoor 1 space per 300 sf 1 per 10,000 sf, 2 min 1 per 7,500 sf, 4 min Outdoor (no parking first 300 sf; per tenant space) 1 space per 500 sf 1 per 5,000 sf 1 per 5,000 sf Convenience store/gas 1 space per 300 sf 1 per 2,000 sf 1 per 1,000 sf Furniture sales First 10,000 sf @ 1 space per 500 sf + 1 per 5,000 sf 1 per 5,000 sf Page 24 of 38 1 space per 5,000 sf remaining Residential Mobile home/trailer 2 spaces + 0.2 guest spaces per unit NS NS Multi-family Guest 0.2 space per unit 0.2 space per unit 0.2 space per unit Studio 1 space per unit 0.5 per unit 0.75 per unit 1 Bedroom 1.5 spaces per unit 0.5 per unit 0.75 per unit 2 Bedroom 2 spaces per unit 0.5 per unit 0.75 per unit 3 Bedroom 2.5 spaces per unit 0.75 per unit 1 per unit 4 Bedroom 3 spaces per unit 0.75 per unit 1 per unit Single-family including additions (up to 5 bedrooms) 2 spaces per unit R1-PAD requirement shall be established with the PAD Overlay R1-PAD requirement shall be established with the PAD Overlay Single-family including additions (6 or more bedrooms) 3 spaces per unit School Elementary/junior high 1 space per 300 sf of classroom + office 1 per 1,000 sf 1 per 1,000 sf Instructional 1 space per 200 sf of classroom + office 1 per 1,500 sf 1 per 1,500 sf High school/college 1 space per 200 sf of classroom + office 1 per 1,500 sf 1 per 1,500 sf Vocational 1 space per 200 sf of classroom + office 1 per 1,500 sf 1 per 1,500 sf Service 1 space per 300 sf 1 per 10,000 sf, 2 min 1 per 7,500 sf, 4 min Financial institution 1 space per 300 sf 1 per 3,000 sf 1 per 1,500 sf Vehicles Page 25 of 38 Car wash - automatic 1 space per 300 sf 4 spaces 4 spaces Car wash - self serve 0.5 spaces per bay NS NS Sales/rental 1 spaces per 300 sf; 7 spaces min 4 spaces 4 spaces Services station / VEHICLE REPAIR 1 spaces per 300 sf; 7 spaces min INDOOR SERVICE BAYS EXCLUDED FROM S.F AND COUNT AS 1 PER BAY 4 spaces 4 spaces Warehouse Specified tenant(s) First 10,000 sf of warehouse @ 1 space per 500 sf + 1 space per 5,000 sf for remaining warehouse+ office 1 per 10,000 SF total OF OFFICE sf , 2 MIN. MINIMUM 2 SPACES OR 1 per 10,000 SF total OF OFFICE sf, 2 MIN. Unspecified tenant(s) See Section 4- 603(D)(3)(b) Based on any 1 PER 10,000 SF OF office, 2 MIN. space (1 per 10,000 sf) Based on any 1 PER 10,000 SF OF office, 2 MIN. space (1 per 10,000 sf) Key: NS = No Standards sf = square feet (Ord. No. 2009.15, 10-22-2009; Ord. No. 2015.60, 12-17-2015; Ord. No. O2022.27, 9-8- 2022) CHAPTER 6 – PARKING Section 4-604 – SHARED PARKING Parking requirements for two (2) or more uses may be satisfied with shared parking. Shared parking may be approved only when the subject uses have inherent differences in parking activity patterns, the combined parking requirement will not exceed the available parking supply, and the right of joint use of a parking facility is evidenced by a contract establishing joint use. Shared parking shall be subject to AN ADMINISTRATIVE APPLICATION FOR review and approval by the Community Development Director, or designee, under Section 6-311, and shall conform to the following standards: A. Location. Parking shall be provided on the same or a contiguous lot. Parking may be provided off-site with professional analysis that the proximity of the parking is acceptable. Page 26 of 38 In cases where parking for a project is to be provided on more than one (1) lot, a parking association shall be formed by the owners of the affected parcels prior to issuance of a building permit. Documentation of the association shall be provided to the Community Development Director, or designee, prior to issuance of the building permit. B . Shared Parking Model. The Shared Parking Model (see Appendix F) shall be used WITHOUT ALTERATION as a basis for predicting the parking required for a particular mix of uses on a site, except where the Community Development Director, or designee, has approved the use of a customized parking model REPORT SIGNED BY A REGISTERED PROFESSIONAL. C. Shared Parking Report. The applicant's calculation of shared parking requirements shall be based on a professional parking analysis and management plan that is submitted with the development plan and/or land use proposal. D. Implementation. AFTER CITY APPROVAL OF THE MODEL OR REPORT, THE OWNER SHALL RECORD THE APPROVAL LETTER AND PARKING MODEL WITH MARICOPA COUNTY RECORDER'S OFFICE AND PROVIDE THE RECORDED DOCUMENT WITH RECORDING NUMBER TO COMMUNITY DEVELOPMENT. The owner or manager of a project approved under the parking demand alternative, once built, shall maintain an accurate up-to-date record of the usage of the net floor area for the project, both occupied and vacant, according to type of use. The Community Development Director, or designee, may require this record be provided when the owner applies for a new land use or development approval for the subject parcel. Section 4-605 - OFF-SITE PARKING AFFIDAVIT. When shared parking is permitted, between different lots, the owner of the site on which the shared parking is located shall file a parking affidavit with the Community Development Department. If the lots share reciprocal parking privelges PRIVILEGES to resolve parking requirements on each respective lot, then a parking affidavit shall be filed for both lots. The parking affidavit shall transfer the rights to the unqualified availability of a specific number of parking spaces from one (1) property (which can no longer take credit for them) to another for the specific hours of use supported by the parking analysis (Section 4-604(C)), as long as the spaces are required by this Code. After City approval of the affidavit(s), the City shall record the affidavit with the Maricopa County Recorder's office. Proposed amendments to, or termination of, a recorded parking affidavit requires an application SUBMITTAL to the City COMMUNITY DEVELOPMENT DEPARTMENT for review of conformance to the site conditions and code requirements FOR PARKING ON ALL LOTS THAT ARE PARTY TO THE AFFIDAVIT prior to any amendment or termination. AMENDMENTS AND TERMINATIONS SHALL BE RECORDED BY THE CITY. CHAPTER 6 – PARKING Section 4-606 – Parking Area Dimensions. Page 27 of 38 A. Parking Area Dimensions. Minimum dimensions for parking spaces: 1. Motor vehicle parking spaces shall measure eight (8) feet six (6) inches wide by eighteen (18) feet long or by sixteen (16) feet long, with not more than a two (2) foot overhang when allowed. WHEN WHEEL STOPS ARE NECESSARY, THE LENGTH OF THE VEHICLE PARKING STALL SHALL BE MEASURED FROM TWO (2) FEET IN FRONT OF THE WHEEL STOP; 2. VEHICLE PARKING SPACES ADJACENT TO A VERTICAL BARRIER OVER SIX INCHES IN HEIGHT, OTHER THAN A COLUMN SUPPORT, SHALL HAVE A TOTAL MINIMUM WIDTH OF TEN (10) FEET CLEAR. 3. FOR INDIVIDUAL UNIT GARAGES SHALL HAVE A CLEAR AREA DIMENSION AS FOLLOWS: A. A SINGLE VEHICLE GARAGE SHALL BE ELEVEN (11) FEET SIX (6) INCHES WIDE BY TWENTY (20) FEET DEEP MINIMUM. B. A SIDE BY SIDE TWO-VEHICLE GARAGE SHALL BE TWENTY (20) FEET WIDE BY TWENTY (20) FEET DEEP, C. A TANDEM GARAGE SHALL BE ELEVEN (11) FEET SIX (6) INCHES WIDE BY THIRTY-EIGHT (38) FEET DEEP, 4. All parallel motor vehicle parking spaces shall measure eight (8) feet six (6) inches by twenty-two (22) feet; 5. End spaces for motor vehicles shall provide a three (3) foot maneuvering area. See Figure 4-606A1, below; 6. Parking area layout shall conform to the diagram in Figure 4-606A2 and the dimensions in Table 4-606A below; 7. Parking areas shall conform to Americans With Disabilities Act (ADA) standards for parking spaces (dimensions, van accessible parking spaces, etc.). Parking structure vertical clearance, van accessible parking spaces, should refer to Federal ADA guidelines; and 8. Bicycle parking shall be on a fifteen (15) inch by six (6) feet minimum concrete pad per bike, or within a garage for residential use. … CHAPTER 7 – LANDSCAPE AND WALLS Section 4-702 General Landscape Standards … E. River Rocks, URBANITE (CONCRETE), GLASS OR SIMILAR MATERIAL. Any river rock material LARGER THAN 3” must be embedded in concrete to a depth of two-thirds (⅔) the dimension of the rock to prevent its removal or relocation, Page 28 of 38 MAY BE EXEMPTED THROUGH THE DEVELOPMENT PLAN REVIEW PROCESS BASED ON SITE SPECICIFIC CONDITIONS. … Section 4-704 Parking Facility Landscape Standards. All parking facilities shall conform to all of the standards below: A. Parking Lot Landscape. Parking lots shall have landscape treatments that provide shade and allow for natural surveillance. SUCH LANDSCAPE TREATMENTS SHALL CONSIST OF AN EVENLY DISTRIBUTED MIX OF SHADE TREES WITH SHRUBS AND/OR GROUND COVER PLANTS. "EVENLY DISTRIBUTED" MEANS THAT THE TREES AND OTHER PLANTS ARE DISTRIBUTED AROUND THE PARKING LOT PERIMETER AND BETWEEN PARKING BAYS TO PROVIDE A PARTIAL CANOPY. Two (2) options are provided for conformance: 1. Option 1: Standard REQUIREMENTS:Dimensions. A. A minimum of ten percent (10%) of the surface area of all surface parking lots, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. B. When a uUse pPermit is granted to exceed the parking maximum, per Section 4-603, a minimum of twelve percent (12%) of the surface area of all surface parking lots, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscape treatments shall consist of an evenly distributed mix of shade trees with shrubs and/or ground cover plants. "Evenly distributed" means that the trees and other plants are distributed around the parking lot perimeter and between parking bays to provide a partial canopy. C. At a minimum, one (1) tree per twelve (12) parking spaces shall be planted to create a partial tree canopy over and around the parking area. Parking areas shall contain landscape islands with trees at the ends of rows of parking, and to subdivide the parking area into rows of not more than fifteen (15) contiguous parking spaces. Landscape island spacing is flexible within the above standards. 2. Option 2: Performance Standard Based on Tree Canopy AND ENGINEERED SHADE. SUCH DETERMINATION SHALL BE BASED ON LANDSCAPE OR TREE PLANTING GUIDES FOR THE REGION (E.G., SUNSET WESTERN GARDEN BOOK). SHADE STRUCTURES MAY BE USED, SUBJECT TO A DEVELOPMENT PLAN REVIEW APPROVAL. THIS STANDARD SHALL BE MET AT 3:00 P.M. ON THE DATE OF SUMMER SOLSTICE. A DEVELOPMENT PLAN SHADOW STUDY IS REQUIRED TO VERIFY THIS OPTION. A. The landscape plan provides for an overall tree or shade canopy above surface parking areas that is not less than twenty percent (20%) of the Page 29 of 38 parking area, based on the expected size of trees within five (5) years of planting. B. When a uUse pPermit is granted to exceed the parking maximum, per Section 4-603, the landscape plan provides for an overall tree or shade canopy above surface parking areas that is not less than twenty-two percent (22%) of the parking area, based on the expected size of trees within five (5) years of planting. Such determination shall be based on landscape or tree planting guides for the region (e.g., Sunset Western Garden Book). Shade structures may be used, subject to a development plan review approval. This standard shall be met at 3:00 p.m. on the date of summer solstice. A development plan shadow study is required to verify this option. … PART 4 – DEVELOPMENT STANDARDS CHAPTER 8 – LIGHTING Section 4-803 – Lighting Standards. Table 4-803 D. Specific Areas to be Illuminated Location Duration Illumination Level * Additional Requirements Breezeway Lighting Dusk Tto Dawn 4 Fc Transitional Lighting Is Required At All Entry areas Building: Entrances and Exits, ATMs Dusk Tto Dawn 5 FC 2 FC within 15' of the Centerpoint of the Entrance Canopies: Carport Parking Structures, Ramadas, Pavillions, Shade Canopies Dusk to Dawn 3 FC Including Adjancent Landscape Area at Finished Surface. Cluster or Gang Mailboxes Dusk to Dawn 5 4 FC within a 15' Radius of the Mailboxes DRIVE AISLES DUSK TO DAWN 1 FC Gates: Pedestrian, Vehicular Dusk to Dawn 5 4 FC 2 FC within 15' of the Centerpoint of the Gate Loading Areas and Docks Dusk to Dawn 4 FC Parking Lot Drive Aisles Dusk to Dawn 1 FC Page 30 of 38 Parking Spaces for Vehicles and Bicycles, PARKING DECK (OPEN) Dusk to Dawn 2 FC Parking Structure Entrances/Transition Areas 24 Hrs 5 FC Parking Structures and Garages Dusk to Dawn 4 FC CAN HAVE DIMMERS WITH MOTION SENSORS TO ALLOW REDUCTION TO 2 FOOT CANDLES WHEN INACTIVE AND 100% WHEN ACTIVE. Parking Structures and Garages Dawn to Dusk 10 FC CAN HAVE DIMMERS WITH MOTION SENSORS TO ALLOW REDUCTION TO 2 FOOT CANDLES WHEN INACTIVE AND 100% WHEN ACTIVE. Parking Structures and Garages that are Sub- Level 24 Hrs 4 FC Transitional Lighting is Required at all Entry Areas Pedestrian Paths and Adjacent Landscape Areas within 20' of Path Dusk to Dawn 0.5 FC PLAYGROUND EQUIPMENT DUSK TO DAWN 5 FC Refuse Enclosure Area Dusk to Dawn 2 FC 5 FC at Gate to Enclosure Retention Areas AND COMMERCIAL PATIOS Dusk to Dawn 0.5 FC Stairwells, Landings and Under Areas of Lower Landings 5 FC Shall be Continuously Illuminated to this Level * Illumination Level is Measured at Finished Surface. FC = Foot Candles PART 6 – APPLICATIONS AND REVIEW PROCEDURES Page 31 of 38 CHAPTER 3 - APPLICATIONS … Section 6-308 - Use Permit AND USE PERMIT STANDARD. A. Purpose. The purpose of Section 6-308 is to ensure the orderly use of land in conformance with the General Plan and applicable City standards where uses are proposed that may require special limitations or conditions to provide compatibility with other uses. B. Applicability Based on Square Feet of Use. For uUse pPermits AND USE PERMIT STANDARDS that are based on the square footage devoted to a particular use, the square footage will be taken as the net floor area for the use requiring the uUse pPermits OR USE PERMIT STANDARD. C. Procedure. All requests for uUse pPermits AND/OR USE PERMIT STANDARDS shall be taken to the the appropriate decision-making body for a public hearing, to review and approve, continue, deny, or approve with conditions. Appeals of decisions made shall be processed through the appropriate decision-making body, pursuant to Part 6, Chapter 8, Appeals. 1. The Zoning Administrator may direct that a request be heard by the appropriate decision-making body, based on a review which includes but is not limited to the following factors: a. Previous decisions by the City regarding the site on which the proposed use is located; b. The probable impact of the requested use on its immediate surroundings; or c. The consistency of the requested use with the projected land uses, policies and principles of the General Plan. D. First Amendment. A uUse pPermits request for any activity that is protected by the First Amendment shall be heard by the decision-making body at the next regularly-scheduled public hearing complying with legal notice requirements following submittal of a complete application for such a permit. No continuances or other delays in such processing may occur without the concurrence of the applicant for such permit, provided that there is sufficient time to complete any public notification requirement. If approved, the use shall be commenced within one (1) year after the approval is granted. E. Approval Criteria. 1. A uUse pPermits OR USE PERMIT STANDARD shall be granted only upon a finding by the decision-making body, that the use covered by the permit, the manner of its conduct, and any building which is involved, will not be detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general, and that the use will be in full conformity to any conditions, requirements, or standards prescribed therefore by this Code. Page 32 of 38 2. In arriving at the above determination, the following factors shall be considered, but not be limited to: a. Any significant increase in vehicular or pedestrian traffic; b. Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat, or glare at a level exceeding that of ambient conditions; c. Contribution to the deterioration of the neighborhood or to the downgrading of property values which, is in conflict with the goals, objectives or policies for rehabilitation, redevelopment or conservation as set forth in the City's adopted plans or General Plan; d. Compatibility with existing surrounding structures and uses; and e. Adequate control of disruptive behavior both inside and outside the premises, which may create a nuisance to the surrounding area or general public. 3. ADDITIONAL CRITERIA FOR DETERMINING APPROVAL OF A USE PERMIT FOR SECOND-STORY ADDITION, USE PERMIT FOR PARKING IN THE FRONT YARD SETBACK OR ANY RELIEF FROM DEVELOPMENT STANDARDS SOUGHT THROUGH A USE PERMIT STANDARD: A. THE DESIGN IS COMPATIBLE WITH THE ARCHITECTURE OF THE BUILDING ON SITE AND COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD OR IMMEDIATE SURROUNDING ARCHITECTURAL CHARACTER; B. THERE ARE DESIGN CONSIDERATIONS FOR PRIVACY TO ADJACENT PROPERTIES AND PROTECTION OF EXISTING SOLAR APPURTENANCES ON ADJACENT LOTS; C. THERE IS SUFFICIENT PARKING ON SITE OR ON THE STREET FRONTAGE TO ACCOMMODATE GUESTS. ADDITION SHALL BE REQUIRED TO MEET CURRENT PARKING STANDARDS PURSUANT TO SECTION 4-603, PARKING RATIOS. D. WALL HEIGHTS IN SINGLE FAMILY RESIDENTIAL DISTRICT FRONT YARD SETBACK THAT EXCEED FOUR (4) FEET SHALL HAVE NATURAL SURVEILLANCE TO THE STREET WILL BE MAINTAINED BY INCORPORATING OPENINGS, PROVIDING TRANSPARENT MATERIALS, OR VARYING HEIGHT/MATERIALS; F. Burden of Proof. The burden of proof for satisfying the aforementioned requirements shall rest with the applicant. A refusal of a uUse pPermit shall not be interpreted as the denial of a right, conditional or otherwise. G. Conditions. Any uUse pPermit OR USE PERMIT STANDARD granted may be subject to conditions the decision-making body deems applicable in order to fully carry out the provisions and intent of the Code, including, but not limited to: Page 33 of 38 1. Limit the hours, days, place and/or manner of operation; 2. Require site or architectural design features that minimize impacts due to removal of vegetation, noise, vibration, exhaust/emissions, light, glare, erosion, water quality impacts, odor and/or dust; 3. Require landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas; 4. Designate the size, number, location and/or design of vehicle access points or parking areas; 5. Require additional setbacks and planting if deemed necessary; and 6. Limit the building height, size or lot coverage, and/or location on the site. I.H. Effect of Use Permit. 1. The uUse pPermit OR USE PERMIT STANDARD is valid and operable only for the specific use as granted. USE PERMITS ARE and subject to any specified time limit. No use OR USE PERMIT STANDARD may be modified, changed, altered or increased in intensity, in a manner that conflicts with the uUse pPermit OR USE PERMIT STANDARD and/or required conditions of approval, without approval of a new uUse pPermit. J.I. Use Modifications. See Section 6-312. K.J. USE PERMIT AND USE PERMIT STANDARD Time Limitation. Use pPermit AND USE PERMIT STANDARD approvals shall be void if the use is not commenced or if an application for a building permit has not been submitted, whichever is applicable, within twelve (12) months after the uUse pPermit is granted or within the time stipulated by the decision-making body. The period of approval is extended upon the time review limitations set forth for building permit applications, pursuant to Tempe Building Safety Administrative Code, Section 8-104.15. An expiration of the building permit application will result in expiration of the uUse pPermit OR USE PERMIT STANDARD. … CHAPTER 8 – APPEALS Section 6-801 - Purpose. This chapter provides criteria and procedures to be used whenever an applicant or person is aggrieved by a decision by a decision-making body. Section 6-802 – Parties to an Appeal. Any person, entity, or group aggrieved by a decision under this Code may be a party to an appeal hearing as provided in this Section. Page 34 of 38 A. Public Notice/Hearing. Such appeals shall be noticed and heard using the same procedures as the original public meeting/hearing, pursuant to Part 6, Chapter 4, Public Notice and Staff Reports and Part 6, Chapter 5, Public Meetings and Public Hearings. APPEALS OF ABATEMENTS SHALL ALSO FOLLOW THE NOTICE REQUIREMENTS AS A PUBLIC MEETING, PURSUANT TO SECTION 6-403. B. Appeal Stays Proceedings. An appeal shall stay all proceedings in the matter appealed from, unless the Zoning Administrator certifies in writing to the decision- making body that, by reason of the fact stated in the certificate, the stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by a court of record on application and notice to the Zoning Administrator. C. In the event that a decision made under this Code is appealed, the appeal does not invalidate the approval. The holder of the approval may proceed with a use or development at their own risk. D. Conditions When Granting Appeal. Any appeal granted may be subject to such conditions as the decision-making body deems applicable. … PART 7 — - DEFINITIONS CHAPTER 1 — - DEFINITIONS Section 7-101 - General Definitions and Terms. For the purpose of this Code, the following words or terms shall carry full force when used interchangeably: lot, plot, parcel, premises or site; used, arranged, occupied, or maintained; sold or dispensed; construct, reconstruct, erect, alter (structurally or otherwise), but not the term maintenance. The word "used" shall be deemed also to include designed, intended or arranged to be used. Certain terms and words are also defined in Section 1-210, Interpretation. Section 7-102 “A” Definitions … Antenna dish see "mechanical equipment". Apartment house means any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as the residence of three (3) or more families living independently of each other and where each has cooking facilities. AQUAMATION MEANS FACILITIES, WHICH CONDUCT HUMAN OR ANIMAL REMAINS DISOPOSAL THROUGH THE PROCESS OF REDUCING A BODY TO Page 35 of 38 BONE FRAGMENTS USING LIQUIDS OR OTHER METHODS AS AN ALTERNATIVE TO TRADITIONAL CREMATION. Assisted living facility means a residential care institution, including adult foster care, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuing bases that provides resident rooms or dwellings not within an individual home. … Section 7-104 “C” Definitions … Carport means a structure that is open on at least two sides with a floor surface of approved non-combustible material used for parking vehicles. Carports that are not open on at least two sides shall be considered a garage as an enclosed building. Chicken, domestic means a female chicken or hen, excluding roosters or cocks. Childcare centers means any use, regulated by the State of Arizona involving the care of other people's children during the day OR OVERNIGHT CARE and that accommodate more than four (4) children for childcare. Some instruction may be offered in connection with such care. The use shall not be considered a "school" within the meaning of this Code. See also, nursery and day care school. Childcare, in home means the use of a caregiver's residence for childcare, regulated by the State of Arizona involving the care of other people's children during the day. See also, Nursery and day care, in home. Church means a permanently located building where persons regularly assemble for religious worship and which is maintained and controlled by a religious body to sustain public worship and church-related uses. See a "place of worship". Civic use see "public uses". … CPTED or Crime Prevention Through Environmental Design means the design and use of the built environment to lead to reduced fear and incidence of crime, and an improvement in the quality of life. In Tempe, CPTED is based upon five (5) internationally recognized principles that are basic to crime prevention philosophy, which are Natural Surveillance, Access Control, Activity Support, Territoriality, and Maintenance. See Appendix for further explanation. CREAMATORIUM MEANS FACILITIES, WHICH CONDUCT HUMAN OR ANIMAL CREMATION THROUGH THE PROCESS OF REDUCING A BODY TO BONE FRAGMENTS. Customer point of service means any business which includes an entrance, lobby and service area for customers, such as a customer service window, booth or counter. Customer service office means any office that has customer point of service. Page 36 of 38 … Section 7-110 “L” Definitions … Lot line (property line) means the following: 1. Front. The front lot line of a lot shall be determined as follows: a. Corner lot. The front lot line of a corner lot shall be the shorter of the two (2) lines adjacent to the streets. Where lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing frontage of the other lots on the block. If such front is not evident, then either may be considered the front of the lot but not both; b. Interior lot. The front lot line of an interior lot shall be the line coterminous with the street frontage; and c. Through lot (reverse frontage). The front lot line of a through lot shall be that line which is the front by reason of the prevailing frontage of the other buildings on the block. Where such front lot line is neither evident nor established by a recorded plat, the Zoning Administrator shall determine the front lot line. Such a lot over two hundred (200) feet deep may be considered, for the purposes of this definition, as two (2) lots each with its own frontage, but this definition does not constitute a lot split. Figure 7-113 D. d. Two (2) or more lots. Where two (2) or more lots are used as a building site and where the main building crosses lot lines, then the entire area is considered as one (1) lot, except that the front of the parcel is determined to be the front of the individual lots as originally platted or laid out. Exception: the lots are considered as separate lots when the applicable building code standards are met (i.e., as in the case of uses with common walls). Page 37 of 38 Figure 7-113 E. e. Lot that does not abut a street. The front lot line of a lot that does not abut a street shall be the lot line adjacent to a lot that does abut a street frontage. Where an interior lot is adjacent to two or more lots with street frontage, the front shall be that lot line which is the shorter of the two (2) sides. Figure 7-1134 E. F. 2. LOT LINE, INTERNAL – A PROPERTY BOUNDARY THAT SEPARATES ONE PRIVATE LOT FROM ANOTHER ADJACENT LOT OR COMMON AREA TRACT WITHIN A SUBDIVISION, THAT IS NOT ADJACENT TO A STREET OR ALLEY (RIGHT OF WAY) OR ADJACENT TO A PROPERTY BOUNDARY OF A DIFFERENT SUBDIVISION, AND FOR COMMERCIAL DISTRICTS, AS PART OF THE SAME DEVELOPMENT WITHIN THE SAME ZONING DISTRICT. FIGURE 7-113 G. 3. Lot Line, Rear. The rear lot line of a lot is that lot line opposite to the front lot line. Where these are not parallel, the rear lot line shall be determined by drawing a line tangent to the midpoint of the front lot line, then drawing a line perpendiclar PERPENDICULAR from the midpoint of that line, until it intersects a lot line. Where Page 38 of 38 the side lot lines meet in a point, the rear lot line shall be assumed to be a line not less than ten (10) feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint. Figure 7-113 F.H. 4. Side. The side lot lines are those lot lines connecting the front and rear lot lines. …