CC_STAFF REPORT_ZONING CODE TEXT AMENDMENTS_051426.DOCX

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. 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, 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.

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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 to make access easier. Staff explained 
that the restriction is not in the Zoning 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 voted unanimously to recommend approval of the 
Zoning and Development Code text amendments.
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
Section 4-204, Development Standards for Office/Industrial Districts
Section 4-404 Building Height Stepback

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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