El Mirage City Zoning Code

SPECIFIC USE

REQUIREMENTS

§ 154.085 ADULT OR SEXUALLY ORIENTED BUSINESS.

(A) 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:

1. Religious assembly (including synagogue or other house of worship);

2. School (public, private or charter);

3. Public park;

4. Residential use or residentially zoned property;

5. Child care center; or

6. Designated historic district.

(c) The measurement of the distance, for the purposes of division (A)(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, 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 (A)(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.

(B) 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 § 154.085(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.

(C) 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.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.086 RESIDENT CARE HOMES, GROUP CARE HOMES AND ASSISTED LIVING CENTERS.

(A) Resident care homes, group care homes, and assisted living centers are subject to the following criteria (unless permitted by A.R.S. § 36-582(A)):

(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 § 154.052;

(2) A resident care home, group care home or assisted living center shall not be located within 1,200 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 60 days of approval of the Planning Department;

(B) An administrative record of each resident care home, group care home, and assisted living center shall be maintained with the Development Services Department.

(C) Disability accommodation: An applicant may request a disability accommodation from the above criteria or a development standard pursuant to § 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 or more individuals with a disability protected under federal and state 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;

(d) The requested accommodation does not fundamentally alter the nature and purpose of the zoning ordinance of the city;

(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 state 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.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.087 DRIVE-THROUGH FACILITIES.

This section shall apply to all principal uses that include a drive-through facility.

(A) 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.

(B) 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.

(D) Drive through queuing length shall be approved in accordance with the City Engineer.

(E) 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).

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.088 HOME OCCUPATIONS.

(A) 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.

(B) All zones except the Rural Area (RA) Zone.

(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.

(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.

(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:

(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 7:00 a.m. to 6:00 p.m. 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, 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:

1. All employee vehicles shall be parked on the subject property

2. Work trailers or equipment may be parked on the subject property, but shall be screened from public view and be subject to § 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:

1. No more than five client vehicles on the property at any given time.

2. Arena and stadium lighting shall be prohibited in any front yard.

3. 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:

1. 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 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.

2. 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:

1. All noise generating activities shall occur indoors.

2. Outside storage of fabrication material shall be permitted, but shall be kept in an orderly manner and screened from public view.

3. 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.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.089 MARIJUANA REGULATIONS.

(A) 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 this city code, shall apply to all marijuana operations located within the corporate limits of the city.

(B) Marijuana establishment and/or nonprofit medical marijuana dispensary. Marijuana establishment and/or nonprofit medical marijuana dispensary as defined in this chapter are subject to this city code, 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.

(C) Marijuana cultivation site and/or marijuana test facility. Marijuana cultivation site and/or marijuana test facility as defined in this chapter are subject to this city code, state law, and all rules adopted by the Arizona Department of Health Services.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.090 SPECIFIC USE LOCATION RESTRICTIONS.

(A) 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.

(2) Tattoo parlors, and/or piercing salons shall be located no closer than 500 feet (property line to property line) to another similar use.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.091 WIRELESS COMMUNICATION FACILITIES.

(A) 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 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.

(B) 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.

(C) 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 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 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.

(D) Conditionally permitted use. A wireless communication facility shall be a conditionally permitted use and processed in accordance with § 154.157 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 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.

(E) 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 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.

(F) 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.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.092 ACCESSORY BUILDINGS, STRUCTURES AND USES.

All accessory buildings, structures and uses are subject to the following regulations, unless otherwise permitted or restricted by specific regulations of this section and this chapter.

(A) General regulations for accessory buildings, structures and uses.

(1) No accessory building, structure or use shall be established on a lot prior to the time of construction of the principal building to which it is accessory, except by conditional use permit.

(2) All accessory buildings or structures that exceed 120 square feet in gross floor area shall require a building permit unless the city’s adopted building codes exempt such buildings or structures.

(3) No permit shall be issued for the construction of more than one detached, accessory building located on a residential lot. However, there shall be no limit on the number of accessory buildings located on a residential lot within the RA zoning district or located on any non-residential lot.

(4) Accessory buildings, structures and uses must be operated and maintained under the same ownership as the principal building to which they are accessory, unless otherwise expressly stated.

(5) No accessory building shall include a 220V outlet for a range or oven and shall not be used for living, sleeping, or housekeeping purposes, except as allowed within an accessory dwelling unit.

(B) Location regulations for accessory buildings, structures and uses.

(1) Accessory buildings, structures and uses must be located on the same lot as the principal building to which they are accessory, unless otherwise expressly stated.

(2) If attached by any part of a common wall or covered roof to the principal building, an accessory building shall be deemed a part of the principal building and shall conform to the zoning standards of the zoning district in which the principal building is located.

(3) Detached accessory buildings, structures or uses shall not be erected or placed in any right-of-way, easement, or required front setback.

(4) A detached accessory building or structure shall have a setback of at least three feet if fire rated and five feet if not fire rated, excluding property line fences and walls, from every side and rear property line, with the following exemption or as otherwise stated within this chapter or applicable building or fire code:

(a) The setback shall be the same as required for the principal building in the Rural Area zoning district whenever the accessory building or structure exceeds seven feet in height.

(5) No detached accessory building (e.g. freestanding garage, workshop, stable, pool house, and the like) shall be located within six feet if fire rated and ten feet if not fire rated of the site’s principal building.

(6) Accessory structures (e.g., deck, trellis, sunshade, and the like) may be attached or detached from the principal building. All required separation for applicable building and fire codes shall be met.

(7) All accessory buildings or structures shall be further subject to applicable encroachments, limitations and exceptions as stated in § 154.098.

(1) The footprint area of the principal building, accessory buildings and accessory structures together must comply with the applicable lot coverage requirements of the zoning district in which they are located.

(2) The maximum gross floor area for any accessory building or structure shall not exceed 50% of the principal building footprint without a conditional use permit. Except the maximum gross floor area for any accessory building or structure located within the RA zoning district shall not exceed 100% of the principal building gross floor area without a conditional use permit.

(3) Accessory buildings and structures located on residential lots shall not exceed the height of the principal building. Except the maximum height of accessory buildings and structures located within the RA zoning district shall be limited to the maximum height requirements of the base RA zoning district.

(4) No accessory building or structure located on any lot with a non-residential use shall exceed the height of the principal building except by conditional use permit.

(D) Additional regulations for accessory buildings, structures and uses by type.

(1) Accessory dwelling unit (ADU).

(a) One ADU is permitted per lot, subject to § 154.052. The ADU shall be located on the same lot as the principal building.

(b) ADUs may only be placed on a lot where a single-family detached dwelling exists.

(c) ADUs may be fully detached or attached to the principal building by a common wall or fully covered breezeway with a common roof structure and improved floor.

(d) ADUs may include a kitchenette, bathroom, and sleeping area.

(e) The ADU shall not be sold separately.

(f) If owner-occupied, the property owner, which shall include title holders and contract purchasers, must occupy either the principal building or the ADU as their principal residence. The residence or ADU that is not occupied by the property owner may be rented or leased. If not owner-occupied, ADUs may not be leased, subleased, or rented separate and apart from the principal building. Whether the entire property is rented short-term (less than 30 days) or long-term (30 days or greater), the principal building and the ADU must be rented as a whole and may not be rented or offered for rent independently.

(g) An ADU shall have no separate water or utility meters.

(h) Mobile homes, manufactured housing, recreational vehicles, travel trailers, and any other wheeled or transportable structure shall not be used as ADUs.

(i) ADUs shall conform to the setbacks standards as specified in § 154.092(B) and lot coverage standards of the zoning district in which the principal building is located.

(j) ADUs shall not exceed the height of the principal building.

(k) The maximum size of an ADU shall be no more than 50% of the principal building footprint.

(l) ADUs shall not be considered a unit of density and therefore are not included in the density calculation for a residential property.

(m) Home occupations are permitted in an ADU.

(n) One additional off-street parking space must be provided for any ADU that exceeds 600 square feet in area.

(2) Swimming pools; private or semi-private. All private or semi-private swimming pools shall meet the following standards.

(a) The pool and all structures housing appurtenances thereto shall be not less than five feet from the nearest property line except, however, that the pool or structure shall not be located between the front property line and the front building setback line.

(b) Pool barriers shall be installed in accordance with state statutes. All wall or fence must be set back from the edge of the swimming pool a minimum of five feet.

(c) The pool or mechanical equipment shall be located so as to minimize the noise and lessen the nuisance to nearby occupants of apartments and houses.

(d) All swimming pool plans and safety devices proposed to be built or erected in conjunction with swimming pools shall be first presented to the Zoning Administrator for approval.

(3) Agricultural uses.

(a) Livestock.

1. The keeping of livestock shall be permitted as specified in the accessory use category of § 154.052, except all swine shall be prohibited.

2. All areas (i.e. corrals or pens) used for grazing, exercising, or training of livestock shall be securely fenced to prevent the livestock from straying, or a suitable restraint shall be provided to prevent straying.

3. All structures, stables, or barns used for the keeping of livestock shall be located behind the front face plane of the principal building. Said livestock shelters 15 feet in height or less shall be set back a minimum of five feet from the rear and side property lines and livestock shelters over 15 feet in height shall adhere to the setback regulations of the principal building, except no livestock shelter shall be placed within 50 feet of any residence, other than that of the residence owning the livestock.

4. Stables, coops, hives, aviaries, and other shelters used for the keeping of livestock shall not exceed the height regulations of the applicable zoning district.

5. On-site slaughter shall be limited to livestock kept on property. Slaughter shall not occur in view from any public area or any adjacent property owned by another. Slaughter must be for personal consumption and shall be conducted in a humane manner in accordance with A.R.S. § 3-2016.

6. All livestock pens, corrals, stables, shelters, and pastures shall be clean and well maintained to minimize odor and pests. Animal wastes shall be stored and removed in a manner that does not become a nuisance or violate the health and sanitation provisions of the city code and Maricopa County’s Environmental Health Code.

7. It shall be unlawful to keep livestock in a manner that constitutes a nuisance as specified under the city code.

(4) Cargo containers.

(a) Permitted locations. Cargo containers are permitted as an accessory structure as identified in § 154.052 subject to the following:

1. Cargo containers may not be placed, stored or used on property dedicated to principal uses listed in the residential use category of § 154.052, except as provided in division (D)(4)(c) of this section.

2. Cargo containers may be placed, stored or used for temporary or permanent storage on property dedicated to principal uses listed in the agriculture use category, public/quasi-public use category, commercial/business use category, and industrial use category of § 154.052, provided the use has obtained a temporary use (for temporary use) or building permit (for permanent use) from the Zoning Administrator, and provided the placement, condition and use of the cargo container complies with the provisions of divisions (D)(4)(b) and (c) below.

(b) Standards and regulations.

1. Cargo containers shall not be stacked on one another, unless a conditional use permit is obtained.

2. Cargo containers shall not be used for living quarters and may be provided with the same provisions as buildings.

3. Cargo containers used for permanent storage must be placed on an asphalt or concrete surface and secured thereto.

4. Cargo containers used for permanent or temporary storage must be placed to the rear of the principal building and may not be placed within any required setback, designated landscape area, flood retention or detention areas or required parking areas.

5. No cargo containers may be placed, stored or used on property or any area that is within the flood plain or flood way.

1. Cargo containers used as a form of construction material for a principal building shall be regulated as any other site-built building and be subject to the requirements of all city ordinances and building codes.

2. Contractors licensed by the Arizona Registrar of Contractors may use cargo containers in any zoning district for the storage of equipment and materials during the period of construction at the construction site subject to the following:

a. The construction must be properly permitted by the city;

b. The container shall be removed from the property no later than seven calendar days after the final inspection and approval of the construction by the city; or

c. If construction ceases for a period of 30 days or is abandoned, the cargo container shall be removed not later than seven days after notice to remove issued by the city.

3. Containers used during moving may be placed on residential zoned property for a maximum of 14 days.

4. Residential uses within the RA zoning district may place and use cargo containers for permanent storage subject to the following:

a. Cargo containers that exceed 120 square feet in gross floor area shall be considered an accessory building and require a building permit prior to placement.

b. A maximum of two cargo containers, with a total maximum length of 80 feet, are permitted per residential lot. The container(s) shall be located on the same lot as the principal building. Placement of additional cargo containers shall require a conditional use permit.

c. Containers must be placed in the rear yard of the principal building and not on the street side of a corner lot.

d. Stacking of cargo containers shall be prohibited.

e. Containers must adhere to the regulations of the principal building with regard to zoning standards (e.g., height, setback requirements, building coverage).

(d) Removal by city. Any cargo container(s) placed, stored or used in violation of this section may be removed by the city if the property owner on which the cargo container(s) is located fails to remove the cargo container(s) within 14 calendar days of notice by the city of violation and order to remove. A notice of violation and order to remove shall be deemed received by the property owner if the notice and order are mailed to the address of the owner as listed in the records of the county assessor and a copy of the notice and order are posted on the main entrance door or gate of the property. The city’s cost to remove and dispose of the cargo container shall be recorded as a lien against the property.

(e) Existing nonconforming uses. A cargo container otherwise lawfully existing on property prior to the adoption of this section that was lawfully placed and maintained under prior zoning ordinance provisions shall be deemed a legal nonconforming use. Such nonconforming use shall not be increased, enlarged, extended or altered, except the use may be voluntarily changed by the operator to a conforming use within the property’s zoning district which meets all other applicable requirements of the city code.

(5) Outdoor display and sales. Outdoor display and/or sale of merchandise may be allowed as an accessory use for all commercial, mixed-use and industrial uses, provided that the display meets the following guidelines and regulations:

(a) Outdoor display and/or sale area shall be clearly defined on a site plan and approved by the Zoning Administrator and may be subject to appropriate conditions by the Administrator to ensure compliance with the provisions of this subsection. Exceptions: A permanent outdoor retail display area which is an integral part of a business, including but not limited to, garden centers and auto dealership display lots shall obtain site plan approval with all applicable development/improvements.

(b) Shall be a fixed location that does not disrupt the normal function of the site or its circulation, and does not encroach upon required driveways, landscaped areas, parking lots, sidewalks, loading zones, or fire lanes. Displays shall not obstruct any entrance to a building or traffic safety sight areas or otherwise create hazards for pedestrian or vehicle traffic.

(d) Shall directly relate to a business occupying a permanent structure on the same site, and shall display only goods of the primary business on the same site, unless associated with a non-profit organization.

(e) Shall be limited to the hours of operation of the business and portable and removed from public view at the close of each business day, unless otherwise permitted through the site plan or development review process.

(f) No merchandise shall be affixed to the exterior of a building or displayed so as to impede or interfere with the reasonable use of the store front windows for display purposes.

(g) Shall be managed so that display structures and goods are maintained at all times in a clean and neat condition, and in good repair.

(h) All signage shall adhere to the sign regulations of this chapter.

(6) Alternative energy systems.

(a) Alternative energy systems, other than utility-scale (major) electrical generating facilities, may be administratively approved as an accessory use within any zoning district, subject to approval of a building permit and meeting any applicable federal, state, county or city regulations.

(b) Alternative energy systems may be located on a parcel in a manner consistent with any development standard (i.e. setback, height, lot coverage) or accessory structure regulation (i.e. location standards) in the respective zoning district in which the parcel is located.

(c) As part of the building permit review process, the Building Official may require that design plans and an engineering report (e.g. mechanical/electrical/structural), prepared and certified by an Arizona Licensed Professional Engineer, be included as a part of the building permit submittal.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Ord. O25-11-10, passed 11-4- 2025)

§ 154.093 TEMPORARY USES AND STRUCTURES.

(A) 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.

(B) Temporary use approval. All allowed temporary uses shall obtain a temporary use permit, (unless otherwise stated in division (C) or exempt as identified in division (D)), pursuant to § 154.159 Temporary Use Permit, of this chapter, and provided that the temporary use complies with the standards and/or conditions specified in division (C) below.

(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 one 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, 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.

(d) Any temporary use permit (TUP) approved for such office shall be limited to a period of time not to exceed two 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 A.R.S. § 36-1761 and Maricopa County Environmental Health Code Chapter 8, Section 3.

(b) Notwithstanding division (C)(5)(a) above, a mobile food vendor shall register in advance with the proper city authority for any event that is directly sponsored or hosted by the city.

(d) 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.

(e) Vending operations are subject to all city noise regulations.

(f) Vending operations shall be taken down when not in use.

(g) All licenses/permits shall be displayed in a visible and conspicuous location at all times during the operation of vending.

(h) Mobile food vending units shall not be left unattended.

(i) 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.

(j) 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.

(k) Mobile food vending units shall not be parked or placed in any area that might impede or inconvenience the public.

(l) Mobile food vending units shall not be parked within a roadway sight visibility triangle.

(m) One A-frame or sandwich sign shall be allowed per mobile food vending unit.

(n) A mobile food vending unit operating within the public right-of-way is further subject to the following:

1. A mobile food vending unit shall only operate in a legal parking space within the public right-of-way.

2. 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 legal parking space.

3. 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 hours in a 24-hour period. OCCUPY within this division means within 1,000 feet of the place in which the mobile food vending unit was initially parked.

4. A mobile food vending unit is restricted from operating within any 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.

(o) A mobile food vending unit operating on private property is further subject to the following:

1. 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.

2. 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.

3. A mobile food vending unit shall not operate at the same site or center for more than six consecutive hours within a 24-hour period for a maximum of four consecutive days. This period includes time needed for setup, operation and takedown. ONE LOCATION within this division means a location within a parcel of land and includes movements from different parked positions within the same parcel.

4. 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 division 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.

(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 consecutive hours within a 24-hour period for a maximum of four consecutive days. This period includes time needed for setup, operation and takedown. ONE LOCATION within this division 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 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:

1. Be left unattended.

2. Be parked or placed in any area that might impede or inconvenience the public.

3. 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 sale per calendar quarter, lasting no longer than 45 consecutive days of site occupation and operation.

(8) Outdoor arts and crafts shows and exhibits subject to not more than 15 days of operation or exhibition in any 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 event/sale per calendar quarter, lasting no longer than one week in duration. Rummage and other outdoor sales sponsored by local non-profit organizations are limited to one sale in each six-month period.

(10) Farmers market, temporary subject to not more than one day of operation per seven-day period.

(11) Flea market, temporary shall be limited to a maximum of three days every quarter in a calendar year per permitted location.

(12) Stands for the sale of produce products are subject to not more than 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 § 154.159 Temporary Use Permit Procedures.

(D) 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.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Res. R23-10-28, passed 10-17-2023; Ord. O23-10-13, passed 10-17-2023)