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El Mirage City Zoning Code

GENERAL BUILDING

AND DEVELOPMENT STANDARDS

§ 154.095 PURPOSE.

   The purpose of this subchapter of the Zoning Ordinance is to establish general development standards. These standards are intended and designed to assure compatibility of uses, to prevent urban blight, deterioration, and decay, and to enhance the health, safety, and general welfare of the residents of the community.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.096 USE OF LANDS, BUILDINGS, AND STRUCTURES.

   (A)   Only permitted uses to be constructed. No building or structure or part thereof shall be erected, altered, or enlarged for a use, nor shall any existing building, structure, or part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as principal, accessory or conditionally permitted uses for the zone in which the buildings, structure, or land is situated subject to the provisions of this chapter.
   (B)   Height requirements enforced. No building, or part thereof, or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit herein designated for the district in which the building is located, except as is specified in § 154.155.
   (C)   Yard requirements enforced. No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged, or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, setback and accessory regulations designed for the zone in which the building or open space is located except as is specified in § 154.155.
   (D)   Yard areas “non-transferable”. No yard provided around any building for the purpose of complying with provisions of this chapter shall be considered as providing a yard for any other building, and no yard for one building site shall be considered as providing a yard for a building on any other building site.
   (E)   Use of mobile/manufactured home outside of approved park. No person shall park or occupy any recreational vehicle, mobile home or manufactured home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of any approved mobile home park or mobile home subdivision.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.097 OCCUPANCY RESTRICTIONS.

   No person shall occupy or otherwise use, or permit the occupancy or use of all or any portion of the following until a certificate of occupancy is applied for and then issued by the Building Official:
   (A)   Any building, structure or other improvement constructed upon all or any portion of real property;
   (B)   Any building, structure or other improvement that has been altered, added to, enlarged or moved upon all or any portion of real property;
   (C)   All or any portion of any real property, building, structure or other improvement whose legally permitted use is changed.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.098 SETBACK ENCROACHMENTS, LIMITATIONS, AND EXCEPTIONS.

   Every part of a required setback shall be unobstructed from ground level to the sky, except as follows or otherwise stated herein:
   (A)   In any setback. Setback restrictions shall not apply to posts; sills; pilasters; lintels, cornices; eaves; gutter; awnings; bay windows no more than ten feet in width, open terraces; uncovered porches ; steps; stoops; chimneys; ornamental features; open fire escapes; sidewalks; exposed ramps (wheelchair) or similar features provided they do not extend to a distance of less than three feet from any lot line nor less than one foot from any existing or proposed access drive. Also, setback restrictions shall not apply to yard lights and nameplate signs in residential districts; trees; shrubs; plants; floodlights or other sources of light-illumination, authorized lights or light standards for illuminating parking areas, loading areas, or yards for safety and security reasons, provided the direct source of light is not visible from the public right-of-way or adjacent, residential property. Accessory structures other than those listed above may be further subject to § 154.098. Fences, walls and required screening may be located in any required setback subject to § 154.101. Signs may extend into or be located in any required setback subject to §§ 154.125 through 154.136.
   (B)   Right-of-way. Awnings, canopies, signs and marquees may project over public rights-of-ways subject to obtaining a right-of-way encroachment permit.
   (C)   Front setbacks averaging. When more than 25% of the frontage on the side of a street between intersections is occupied by structures having setbacks from the street rights-of-way of greater or lesser amounts than hereinafter required, the average setback of all existing buildings between the intersections shall be maintained by all new or relocated structures. In the event a building is to be built where there is an established average setback different from that required hereinafter and there are existing buildings on one side only, the front setback of the new building needs to be no greater than that of the next adjoining existing building. In a case where a building is to be built where there is such an established average setback and there are existing buildings on both sides of the new building, the front setback shall not be required to be greater than that which would be established by connecting a straight line between the furthest extension of the first adjacent building on each side.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.099 HEIGHT ENCROACHMENTS, LIMITATIONS, AND EXCEPTIONS.

   (A)   Exempt appurtenances. The maximum building or structure height limits established shall not apply to the appurtenances or structural elements identified below.
      (1)   Lawfully established religious assembly spires, belfries, cupolas, and domes; monuments; chimneys and smokestacks; flag poles; public and private utility facilities; transmission towers of commercial radio broadcasting stations; and mechanical equipment provided they:
         (a)   Cover not more than 25% of the roof area of the building or structure to which they are attached; and
         (b)   Comply with applicable screening standards for mechanical equipment and appurtenances in § 154.101.
      (2)   Private communication, radio and television antennas, or satellite dishes attached to the principal building may only extend five feet above the allowed maximum height of the underlying base zoning district.
      (3)   Parapet walls extending no more than four feet above the allowed maximum height of the underlying base zoning district except as hereinafter provided; and
      (4)   Wind energy conversion systems and solar-energy collectors and equipment used for the mounting or operation of the systems/collectors may extend up to five feet above the applicable maximum zoning district height limit, provided they do not extend more than five feet above the roof line.
   (B)   Public building exceptions. Places of public assembly in religious assemblies, schools, and other permitted public and semi-public buildings may exceed height limitations otherwise established by this chapter; provided that these are located on the ground floor of the buildings and provided that, for each one foot by which the height of the building exceeds the maximum height otherwise permitted in the zone, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the zone.
   (C)   Towers and monument exceptions. Ground mounted towers and monuments, cooling towers, gas holders, or other structures, where the manufacturing process requires a greater height and grain elevators and silos are exempt from this chapter; provided that any structure above the height otherwise permitted in the zone shall occupy no more than 25% of the area of the lot and shall be at least 25 feet from every lot line.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.100 FENCES AND WALLS.

   (A)   Permit required. No persons, firm, or corporation, except permitted agriculture uses, shall hereafter construct, or cause to be constructed or erected within the city any fence, wall, or gate without first making an application for and securing a building permit. Temporary fences and barricades around temporary events, construction sites or the like shall require a temporary use permit.
   (B)   Locations. All fences shall be located entirely upon the private property of the persons, firms, or corporation constructing, or causing the construction, of the fence unless the owner of the property adjoining agrees, in writing, that the fence may be erected on the division line of the respective properties.
   (C)   Construction, maintenance, and height measurement.
      (1)   Every fence or wall shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence or wall is proposed to be used. Every fence or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, or constitute a nuisance, public or private. Any such fence or wall which is, or has become, dangerous to the public safety, health, or welfare, shall be subject to the penalties and enforcement provisions of this code.
      (2)   Chain link or wire fences, wherever permitted, shall be constructed in such a manner that no barbed ends shall be at the top, except in the Employment/Industry Zone and shall be constructed of at least 11-gauge wire or its comparable.
      (3)   Electrical, barbed wire, concertina wire or similar security wire fences shall be prohibited, except in the Employment/Industry Zone and public/private utility or government facilities with approval by the Zoning Administrator based on security needs. Security wire fences may not be installed adjacent to any residential or commercial uses, or along arterial or collector streets unless located outside of required setbacks or buffers.
      (4)   Measuring fence and wall height. The height of any fence shall be calculated to the uppermost points as follows.
         (a)   In required yards abutting a street, the height of the fence shall be the total effective height measured from the finished grade on the side nearest the street but allowing up to two feet of additional height for retaining walls.
         (b)   In other required yards, the height of the fence shall be the total effective height above the finished grade measured on the side nearest the abutting property.
         (c)   On property lines, the height may be measured from the finished grade of either side when the abutting property owners are in joint agreements, with the agreement submitted in writing.
   (D)   Residential fences and walls.
      (1)   For all uses within the residential use category, no fence or wall shall be erected or maintained more than six feet in height and also:
         (a)   No chain link or wire fence shall be allowed within the front yard setbacks; except in RA Rural Area Zone;
         (b)   No fence or wall over four feet in height shall be allowed in any residential front yard setback, except in the RA Rural Area Zone, open fences (chain link, wrought iron, pole fences, wooden rail, and the like) may exceed four feet in front yard setbacks;
         (c)   On corner lots in all zoning districts, no fence or planting in excess of 30 inches above the street center line grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curbing lines of two intersecting streets, thence 40 feet along one back of curb line, thence diagonally to a point 40 feet from the point of beginning on the other curb lines, then to the point of beginning, and at the intersection of each driveway or alley with a street, a clear site triangle as defined by the City Engineer where corners are defined by two points on the right-of-way line, 15 feet on each side of the centerline of the driveway or alley and a point on the centerline ten feet outside right-of-way;
         (d)   In those instances where a fence is erected as an enclosure which restricts access from the front to the rear yard, a gate, identifiable collapsible section of fence, or other such means of recognizable ingress shall be installed, shall remain unobstructed and shall be a minimum of three feet in width. The location of the ingress points shall be positioned at any point paralleling the front lot line between the side lot property line and the principal structure;
         (e)   On a corner lot contiguous to a key lot, fences and walls cannot exceed three feet in height on the rear lot line extending ten feet from the back of curb or paved street edge. They also cannot exceed three feet in height on the lot line along the street, extending ten feet from the rear lot line; and
         (f)   Notwithstanding the provisions set forth above, architectural embellishments such as figurines, capstones, or light fixtures may project up to two feet above the maximum height of any residential fence.
   (E)   Business and industrial fences and walls. Fences and walls for all uses in public/quasi-public, commercial/business, and industrial use categories shall not exceed ten feet in height.
   (F)   Special purpose fences. Fences or walls for special purposes and fences or walls differing in construction, height, or length may be permitted in any district by issuance of conditional use permit approved by the Planning and Zoning Commission. Findings shall be made that the fence or wall is necessary to protect, buffer, or improve the premises for which the fence or wall is intended and will not detrimentally effect adjacent property.
   (G)   Finished side toward adjacent property. Any wall constructed so as to have only one elevation FINISHED, which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the wall is exposed to the adjacent property or right of way.
   (H)   Outdoor storage area.
      (1)   All utility substations, wells, storage facilities, or other utilities shall be screened from view by a wall or landscape screen.
      (2)   All outdoor storage for commercial operations shall be conducted within an area completely enclosed and screened from view, except for access points, by a wall at least six feet in height.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Ord. O25-11-10, passed 11-4- 2025)

§ 154.101 REQUIRED SCREENINGS.

   (A)   Purpose. The purpose of this section is to establish general development standards for screening between uses of differing character, density, or intensity. The screening standards are intended to assure compatibility of uses, minimize deterioration of properties and property values, and to enhance to health and safety of the residents of the city.
   (B)   Use of screening. Unless otherwise determined by the Planning and Zoning Commission, a masonry screen wall of six feet in height above grade shall be constructed and maintained between uses of differing intensity or character. This may include between existing and/or future:
      (1)   Large lot and small lot single-family developments;
      (2)   Single-family and multi-family developments;
      (3)   Multi-family and multi-family developments;
      (4)   Residential and non-residential uses;
      (5)   Differing non-residential uses;
      (6)   Parking areas subject to general public view; and/or
      (7)   Rear and/or side lot areas and public rights-of-way.
   (C)   Outdoor storage. All outdoor storage areas for materials, refuse containers, mechanical equipment, or vehicles, and all loading/unloading areas or service bays shall be screened from street view by a screening wall constructed to a minimum height of six feet and designed in accordance with the provisions of this section.
   (D)   Responsible party. The Commission shall determine the party responsible for construction and maintenance of screening. Generally, it will be either by the most intense use or the initial use.
   (E)   Location of screen walls. Screening shall be located adjacent to perimeter property lines, but on the constructing party’s property, unless otherwise approved by the Planning and Zoning Commission, which may include public rights-of-way.
   (F)   Design of screen walls.
      (1)   All screening walls located along streets in accordance with this chapter shall be designed and constructed in accordance with the provisions of this section.
      (2)   All screening walls required by the provisions of this subchapter shall be designed and constructed using the following information:
      (3)   Use brick, slump block, or masonry with a stucco finish of a suitable color and design as approved by the Zoning Administrator or his or her designee;
      (4)   Break up the lineal expanse of the walls with a centerline, pilasters, three-wall enclosures, varying heights, the installation of extra plant materials, or varying the landscaped area contours to improve the visual impact of the wall; and
      (5)   Adhere to the height, location, and sight visibility triangle at street intersection requirements set forth in this chapter.
   (G)   Exceptions.
      (1)   In lieu of screen walls of six feet in height, the Planning and Zoning Commission may require alternative methods for screening uses of differing character, density, or intensity. Alternative methods may include:
         (a)   Open space with landscaping;
         (b)   Arterial or collector streets with landscaping;
         (c)   Landscaped earth berms (particularly with parking lots);
         (d)   Lower screen walls with landscaping (particularly with parking lots); and/or
         (e)   Other screening approved by the Commission.
      (2)   Alternative methods of screening shall be implemented when it is in the best interest of the affected properties and deemed by the Commission to provide more acceptable screening than provided by a screen wall.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.102 LANDSCAPING REQUIREMENTS.

   (A)   Purpose and intent. Landscape requirements as set forth in this chapter have been established to:
      (1)   Encourage quality development within the city;
      (2)   Provide compatibility and harmony between adjoining properties and land use;
      (3)   Screen service yards, parking lots, equipment, and limited access areas;
      (4)   Reduce heat transfer from pavements;
      (5)   Provide open space and recreational area to serve the needs of city residents;
      (6)   Soften development impact;
      (7)   Reduce erosion and storm-water runoff control;
      (8)   Reduce the particulate matter in the air;
      (9)   Aid in the enhancement of property values;
      (10)   Create an attractive appearance along city streets and assist as traffic calming device;
      (11)   Aid in the conservation of water by encouraging the use of varieties of plans, trees, and shrubs indigenous to this arid region;
      (12)   Promote protection or control of intense activities; and
      (13)   Promote community aesthetics as well as provide for the health, safety, and general welfare of city residents.
   (B)   Extended regulation authorized. The standards and regulations of this chapter shall be held to be the minimum requirements necessary for the promotion of the foregoing objectives of this chapter in those instances where the minimum standards and requirements are not sufficient to achieve the purpose and objectives of this chapter, the Zoning Administrator or his or her designee may impose such other reasonable requirements as may be deemed appropriate. Examples might be: where, in the opinion of the Zoning Administrator or his or her designee, there exists extraordinary conditions of topography, land ownership, site boundaries and dimensions, adjacent development characteristics, or other circumstances not provided for in this chapter, the Zoning Administrator or his or her designee may modify or vary an extent as is deemed appropriate to the public interest, provided that the purpose and intent of this chapter is maintained with the modification or variance.
   (C)   Scope. The provisions of this chapter shall apply to all development or construction, all building remodeling, alternations, additions, or expansions, and to all changes of occupancy in the use or development of land which requires the approval of a development site plan or subdivision plat by the city. Agricultural uses and single-family and two-family residences and their accessories shall be exempt from the requirements of this chapter.
   (D)   Enforcement and notice of violations. This chapter shall be enforced by the Zoning Administrator or his or her designee. The Zoning Administrator or his or her designee shall have the authority to enter upon the premises, or any part thereof, at any and all reasonable times for the purposes of performing his or her official duties. When any condition which could constitute a violation of the provisions of this chapter comes to the attention of the Zoning Administrator, he or she shall cause a notice thereof to be served upon the owner, lessee, or other person in control of the premises. The notice shall specify the nature of the violation and shall order the responsible party to correct the violation within 30 days.
   (E)   Landscape inspections.
      (1)   All projects required by this chapter to be landscaped shall pass a landscape inspection prior to a certificate of occupancy being issued by the city.
      (2)   The city shall have the right to refuse to pass any project not meeting the provisions of this chapter. The city shall also have the right to reject landscape materials as being substandard as to size, condition, or appearance including a pre-inspection of materials at the supplier if deemed necessary.
   (F)   Required landscape maintenance.
      (1)   With respect to every lot, parcel, or tract of land within the city containing a use for which the provisions of this chapter apply, every owner, lessee, or any other person having the lawful right to possession and control of this premise shall:
         (a)   Maintain all landscape materials and landscaped areas in accordance with the approved landscape plan, including the frontage street right-of-way landscaping required in this chapter. The landscaped areas shall be kept free of trash, debris, weeds, dead plant material, and shall in all respects be maintained in a neat and clean fashion; and
         (b)   Replace all dead or removed landscape material with landscape material of the same variety, and in the size and quantity as those originally required. All dead or removed landscape material shall be replaced within 60 days.
      (2)   The city shall accept responsibility for the maintenance and operation of all landscaping and appurtenances installed in accordance with the provisions of this section for reverse street frontage landscaping or any landscaping and appurtenances installed within other street rights-of-way. Rights-of-way is described by one of the following categories:
         (a)   Arterial and/or secondary street rights-of-way adjacent to single-family residential areas that back onto the arterial and/or secondary street and have a screening wall constructed on the rear property line;
         (b)   Arterial street rights-of-way adjacent to single-family residential areas that side onto the arterial street, and which have a screening wall constructed on the side property line;
         (c)   Bridle trails, bicycle paths, and multi-use recreational facilities within city limits;
         (d)   Median islands on arterial and secondary public streets within the city;
         (e)   All alleys within city limits;
         (f)   Street rights-of-way abutting municipal public facilities;
         (g)   Street landscaping within districts specially approved or created by City Council; and
         (h)   Flood control facilities which have been accepted for operation and maintenance by the city.
      (3)   Prior to the city accepting for maintenance any reverse street frontage landscaping or other street rights-of-way landscaping described in the division (F)(2) above, the following conditions shall have to be satisfied:
         (a)   The landscaping shall be inspected and approved by the city for compliance with the approved landscape plan.
         (b)   The subsequent completion of a 60-day maintenance period wherein the developer shall be responsible for all watering, weeding, and replacement of all dead or dying plant materials.
         (c)   A final inspection called by the developer or his or her representative at the completion of a 120-day maintenance period resulting in final approval and acceptance by the city, except for the subdivision which shall be determined when final plans are approved.
         (d)   As-built drawings of the landscape and irrigation system are required prior to acceptance by the city and for projects within the city right-of-way or city-owned property. The as-built drawings shall be four mil., non-wash off photo mylar or digitized record in accordance with city CAD guidelines showing the locations of all plantings and irrigation equipment.
   (G)   Landscape plan description.
      (1)   A landscape plan consisting of a preliminary plan and a final plan shall be prepared, submitted, and approved for all applicable development projects in accordance with the procedures and requirements set forth in this subchapter.
      (2)   All changes in landscape plans before, during, or after preliminary or final landscape plan approval shall be approved by the Zoning Administrator or his or her designee prior to the installation of any such landscape change.
      (3)   All changes in the landscaping of a site before, during, or after final landscape plan approval and landscape installation shall be approved by the Zoning Administrator or his or her designee as set forth in this subchapter.
   (H)   Preliminary landscape plan.
      (1)   Two copies of a preliminary landscape plan shall be submitted along with the required development site plan for review by the Zoning Administrator or designee. The preliminary landscape plan may be shown on the development site plan drawings. The preliminary landscape plan shall be a conceptual plan and shall include information as specified on the formal application form, such information may include, but is not limited to:
         (a)   The location and identification of all proposed landscape areas (on-site, street rights-of-way, parking area, landscape buffers, and others);
         (b)   Preliminary data pertaining to the amount of net site area, the ground floor areas of all proposed commercial and industrial buildings, the number of required and proposed parking spaces, and the amount of all landscaped areas required and provided;
         (c)   The approximate location of all proposed trees, and generally other landscape materials and improvements;
         (d)   The location of all sight visibility triangles;
         (e)   Notes or graphical representations adequately showing intent of the proposed plans and materials and indicating how those plans will comply with this chapter;
         (f)   The location, height, type, and general design and finish of all proposed screening walls;
         (g)   The location of all proposed stormwater retention areas; and
         (h)   A plant list indicating the botanical name, common name, and size of plant materials proposed.
      (2)   The preliminary landscape plan shall be reviewed and approved by the Zoning Administrator or designee as part of the development site plan review and may be approved with stipulated changes or additions.
   (I)   Final landscape plan.
      (1)   Two copies of a final landscape plan shall be submitted along with all other required site improvement and building plans prior to or concurrent with the application for a building permit. The final landscape plan shall contain information as specified on the formal application form, such information may include, but is not limited to:
         (a)   The final calculations, data, and specific details and information all proposed landscape areas, landscape materials, screening walls, irrigation system, and other items that were required and identified in conceptual form on the preliminary landscape plan. The final landscape plan shall contain a specific schedule of all trees and shrubs identified by common and botanical name and shall clearly indicate quantity and size of each tree, shrub, and ground cover to be installed.
      (2)   The final landscape plan shall be in conformance with the approved preliminary plan and any stipulated changes or additions and shall be approved by the Zoning Administrator or designee prior to the issuance of a building permit.
      (3)   All changes in landscape plans before, during, or after preliminary or final landscape plan approval and/or landscape installation shall be approved by the Zoning Administrator or his or her designee.
   (J)   Installation of landscape improvements.
      (1)   All landscape improvements (landscape materials, irrigation system, screening walls, and the like) shall be installed by the developer on the site in accordance with the approved final landscape plan prior to the issuance of a certificate of occupancy for the building or use. When considered advisable, upon presentation of a cash bond, cash deposit, or assured letter of credit in the amount sufficient to guarantee installation of the landscaping and irrigation system, the Zoning Administrator or his or her designee may approve a delay in the immediate installation of the required landscape improvements for a period of time not to exceed 12 months. In those instances where the Zoning Administrator or his or her designee approves a delay in the installation of the required landscape improvements, a temporary certificate of occupancy shall be issued for the building or use conditioned upon the satisfactory installation of the required landscape improvements within the time period approved by the Zoning Administrator or his or her designee.
      (2)   All plant material shall be selected from the Arizona Department of Water Resources current plant list for low water use plants in the Phoenix Active Management Area (AMA). Plant materials that are not acceptable: Cercidium aculeate, Cercidium x ‘Desert Museum,’ Dalbergia sissoo, Acacia salicina, Acacia saligna.
      (3)   All plant material and specifications shall conform to the Arizona Nursery Association (ANA) standards.
   (K)   Minimum size of trees, shrubs and the like, and substitution of ground cover for shrubs.
      (1)   Unless otherwise specified herein, all required trees shall be a minimum of 15 gallons in size and at least 50% of those trees must be 24-inch box or larger size. All shrubs shall be a minimum of five gallons in size. All 15 gallon trees must be a minimum of eight feet in height, four feet in spread, and one and one-quarter inches trunk caliper at the ground level. All 24-inch box and larger trees shall be a minimum of ten feet in height, four feet in spread and two and a half inches trunk caliper at the ground level. For individual specifications see AMA standards upon approval of the Zoning Administrator or his or her designee, the installation of 20 square feet of vegetative ground cover in any landscaped area shall substitute for one required shrub up to a maximum of 20% of the required shrubs in any particular landscaped area.
      (2)   All Mexican Fan Palms (Washington Robusta), California Fan Palms (Washingtonia Filifera), and Queen Palms (Syagrus remonzoffianum) shall have a minimum five foot trunk height measured from the base of the trunk to the base of the fronds when located within the public right-of-way or within 20 feet of the street property line.
   (L)   Natural topping of landscaped areas. All landscaped areas shall be finished with natural topping material which may include, but not limited to the following: turf, groundcover, planting, decomposed granite (two inches minimum depth), river run rock, expanded shale, or bark. A pre-emergent herbicide shall be applied to the ground prior to the placement of natural surface materials (decomposed granite, river run rock, and the like) in any landscaped area to prevent weed growth and again after the rock has been installed. Turf shall not be planted in a dedicated right-of-way. All turf is to be limited to 50% of the landscape areas unless defined as a turf facility.
   (M)   General standards for landscaped areas along street/frontage.
      (1)   Landscaped areas along street frontages shall be contoured or bermed, where feasible, to provide variations in grade, visual relief, parking lot screening, and a more pleasing aesthetic value.
      (2)   All on-site parking areas shall be screened from street view by a landscaped berm or decorative wall not less than three feet in height. The required height of berm or wall shall be measured from the highest finished grade of the adjacent on-site parking area or adjacent finished grade of the street, whichever is greater.
      (3)   Trees along R.O.W. shall maintain seven-foot canopy height.
   (N)   Sight visibility triangle. All landscaping and landscaped materials established in close proximity to a driveway or street intersection shall be installed and maintained in strict compliance with the sight visibility triangle requirements set forth as follows:
      (1)   Maximum plant material height of 24 inches; ten feet by 20 feet at drives onto streets, 15 feet by 33 feet at minor and major streets, and 33 feet by 33 feet at major intersections. Measurement is from behind the property line.
      (2)   Berming or boulders are not to be located in the sight visibility triangle.
   (O)   Power lines. All overhead power lines are to be shown if they exist or note that there are none. All trees under power lines or within 15 feet of power lines shall have a maximum height of 20 feet at maturity.
   (P)   Retention basins. Slopes are to be no steeper than a four to one ratio and minimum of 50% live plant material and groundcover shall be planted within the retention area.
   (Q)   Irrigation standards. All landscaped areas shall be supported by an automatic irrigation system. A pressure type vacuum breaker shall be required for any new, improved, or renovated irrigation system and enclosed with a two-inch steel pipe and screen and lock enclosure screened with a three foot wall or plant material four foot on center. All irrigation systems and landscaped areas shall be designed, constructed, and maintained so as to promote water conservation and prevent water overflow or seepage into the street, sidewalk, or parking areas.
   (R)   Screening walls. See § 154.101.
   (S)   Use of landscape areas for other purposes. No part of any landscape area shall be used for any other use such as parking, signs, or display; except for required on-site retention areas or when the use is shown on the approved final landscape plan.
   (T)   Single-family residential subdivisions. Landscaping shall be required along the rear of reverse-frontage, single-family lots along collector or arterial streets and required open space areas in accordance with the standards specified below.
      (1)   Trees with a minimum size of 15 gallons shall be planted at the rate of one tree per 30 feet of linear street frontage. At least 50% of the trees shall be 24-inch box size.
      (2)   Shrubs with a minimum size of five gallons shall be planted at the rate of five shrubs per tree and in no case shall be less than three shrubs per 20 feet of linear street frontage.
      (3)   Clustering of trees and shrubs shall be encouraged to accent focal points or landmarks and to provide variety to the streetscape. Contouring of the ground and placement of mounds and earth berms along streets shall be required.
      (4)   A minimum of 35% of all frontage landscaped areas shall be covered with vegetative or organic groundcover consisting of grass (except in right-of-way) or other living plant materials characterized by horizontal growth which generally does not exceed two feet in height.
      (5)   Within common open space areas, minimum 15-gallon sized trees and five-gallon shrubs shall be planted at a ratio of one tree per 200 square feet and 1 shrub per 100 hundred square feet of landscape area.
      (6)   Inorganic groundcover shall be applied to all non-planted landscape areas consisting of decomposed granite (minimum one-half minus) crushed rock, gravel, river run rock, and/or boulders, utilizing sufficient variety in terms of color, texture, and materials to provide a pleasant and diverse appearance of streetscape. Mounding and contouring of landscaped areas is required.
      (7)   Vegetative groundcover shall be located to accentuate landmarks or focal points on a site and to create a “lush” appearance to the landscaped area from public streets and areas.
   (U)   Multi-family residential developments. The following landscape standards shall apply to multi-family development.
      (1)   A minimum 20-foot wide landscaped area shall be required along all interior property lines when adjacent to single-family residential development. Trees with a minimum size of 15 gallons shall be planted every 20 feet on center within the area.
      (2)   Along public street frontages, minimum 15-gallon sized trees shall be planted at a ratio of one tree per 30 feet of frontage. A minimum of 50% of the required trees shall be 24-inch box size.
      (3)   Within required yards and common open space areas, minimum 15-gallon sized trees and five-gallon shrubs shall be planted at a ratio of one tree per 200 square feet and 1 shrub per 100 hundred square feet of landscape area.
      (4)   Open space areas along public street frontages shall receive special landscaping treatment to provide a lush setting for both the residents of the project and the general public. The following standards shall apply to landscaping of public street frontages.
         (a)   Special entry features shall be provided at major entrances into a project to provide a sense of identification and uniqueness.
         (b)   Walls, planters, and earth berms shall be provided in the front yard to add variety to the landscape and to increase privacy for residents.
         (c)   No more than 50% of the required front yard landscaped area may be used for stormwater retention purposes.
         (d)   Foundation plantings should be utilized to complement building elevations, provide shade, and increase privacy. A minimum of 50% of the building frontage facing public streets shall have foundation plantings.
   (V)   Non-residential development. General requirements:
      (1)   A minimum of 10% of new land area of any site used for non-residential development shall be landscaped.
      (2)   All portions of the development site not occupied by buildings, structures, vehicle access and parking areas, loading/unloading areas, and approved storage areas shall be landscaped in accordance with the following standards. Future building pads within a phased development shall be improved with temporary landscaping, or otherwise maintained weed-free in such a manner as may be approved by the city.
      (3)   Within required yards and open space areas, minimum 15-gallon sized trees and five-gallon shrubs shall be planted at a ratio of one tree per 200 square feet and one shrub per 100 hundred square feet of landscape area, except within the EI Zoning District where trees may be planted at one tree per 400 square feet and shrubs may be planted at a rate of one shrub per 200 hundred square feet of landscape area.
      (4)   The intersection of arterial streets are a dominant feature of the urban landscape, serving as major focal points of activity in the community. Because of the importance of these intersections, additional landscaped setbacks and design features beyond the required minimum standards may be imposed on property at these intersections by the city at the time of rezoning and/or site plan approval. The additional features may include wider setbacks, unique building orientation and design, and special landscaped features such as wall and screening devices.
      (5)   Where existing buildings or nearby parcels are built to the street property line, landscaping may be modified or located elsewhere on approval of the Zoning Administrator or his or her designee.
      (6)   All landscaped areas adjacent to vehicular parking and access areas shall be protected by a six-inch vertical concrete curbing in order to control stormwater flows and minimize damage by vehicular traffic.
   (W)   Streetscape standards. The following landscaping shall be required along all streets unless otherwise stated herein.
      (1)   Trees with a minimum size of 15 gallons shall be planted at the rate of one tree per 30 feet of linear street frontage. A minimum of 50% of the required trees shall be 24-inch box trees, except within the EI Zoning District trees may be planted at the rate of one tree per 60 feet of linear frontage.
      (2)   Shrubs with a minimum size of five gallons shall be planted in appropriate numbers to complement the placement of trees, but in no case shall be less than three shrubs per 20 feet of linear street frontage, except within the EI Zoning District shrubs may be planted at a rate of three shrubs per 40 feet of linear street frontage.
      (3)   Clustering of trees and shrubs shall be encouraged to accent focal points or landmarks and to provide variety to the streetscape. Contouring of the ground and placement of mounds and earth berms along the street shall be required.
   (X)   Parking lot landscaping.
      (1)   A minimum of 10% of the parking lot area shall be landscaped, exclusive of front yard or perimeter landscaping and street trees. The landscaping shall consist of parking islands located within the parking lot area.
      (2)   A minimum of one tree shall be provided for every five parking spaces, exclusive of perimeter landscaping and street trees, except within the EI Zoning District trees may be planted at the rate of one tree for every 10 parking spaces. Trees must be planted within the parking lot.
      (3)   Parking islands or landscaped areas shall be installed at least every ten consecutive parking spaces. The islands shall be a minimum of ten feet wide and contain a minimum of 180 square feet in area.
      (4)   All parking lots shall be separated from adjacent residential uses or districts by a ten-foot landscaped strip planted with a minimum of one tree every 25 linear feet and a minimum six-foot high masonry wall.
      (5)   Pedestrian walking lanes and related landscaping may be required at the discretion of the Zoning Administrator or his or her designee to control traffic and provide safety of pedestrians.
      (6)   All parking lots shall be screened from public streets by walls or earth berms or combination thereof constructed at least three feet above the grade of the parking lot or adjacent street, whichever is higher in elevation. Variety to the alignment and style of the walls is required. The walls shall be decoratively designed to match the facade of any buildings and shall be constructed of slump block, brick, or masonry with a mortar wash or stucco finish.
      (7)   Any landscaped area used for vehicular overhang shall not be counted towards the required landscaping.
   (Y)   Substitution of landscape requirements. The Zoning Administrator or his or her designee may modify the minimum planting area requirements specified herein in lieu of the application and placement of approved alternative landscaping elements such as, but not limited to, low impact development (LID) practices, art instillations, or hardscape features that are found to further the landscape purpose and intent specified in division (A) above.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.103 PROPERTY ACCESS STANDARDS.

   (A)   Shared drive access.
      (1)   The city encourages sharing access drives between separate parcels. Some of the following standards may be relaxed if shown during the site design review process that a more efficient design can be accomplished without jeopardizing the public’s health, safety, and welfare. All changes are subject to approval by the Development Services Director. All drive accesses shall be approved by the City Engineer for width and location.
      (2)   Any developments which may not be able to meet the requirements of divisions (B) through (E) below, and are requesting deviations from the standards, shall submit to the Engineering Division request for design exception form and reference the deviations in the traffic impact statement or analysis.
      (3)   Based upon the above data, the City Engineer shall determine whether a deviation from the requirement standards is justified and, if so, what alternative requirements will be necessary.
   (B)   Drive access required. All non-residential off-street parking spaces shall have access from a drive access and not directly from the public street. Access drives shall not be less than 24 feet in width. Residential drive accesses shall be not less than 12 feet in width.
   (C)   Minimum corner clearance. Driveway access distances from street intersections shall be subject to the following minimum dimensions unless otherwise approved by the City Engineer based upon submittal of an approved design exception and traffic statement or analysis as described in division (A) above.
 
Street Classification
Minimum Required Corner Clearance1
Approving Intersection
Departing Intersection
Parkway
550 feet
350 feet2
Arterial
450 feet
260 feet2
Collector
350 feet
150 feet2
      1.   Minimum distance from nearest curb face of intersecting street to nearest curb face of driveway. Use edge of pavement if no curb exists.
      2.   When right-turn deceleration lanes are required, the minimum corner clearance departing an intersection on a parkway, arterial, or collector street is at least 260 feet to accommodate the right-turn lane. Additional distance may be required depending on right turn lane storage length.
   (D)   Drive access spacing. Drive accesses to a public street except for single, two-family, and townhouse dwellings shall be located as measured from inside of drive to inside of drive according to the following specified distances, unless granted approval by the Development Service Director.
 
Street Classification
Required Minimum Spacing
Parkway
350 feet1
Arterial
250 feet1
Collector
150 feet1
      1.   Spacing shall be increased from the minimum required to accommodate a required right-turn deceleration lane or to provide sufficient spacing for back-to-back left-turn lanes.
   (E)   Number of drive accesses. Single-family uses shall be limited to one drive access per property. All other uses shall adhere to City Detail EM-259. These conditions shall apply unless otherwise granted approval by the Development Service Director.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Ord. O25-11-10, passed 11-4- 2025)

§ 154.104 OFF-STREET PARKING REQUIREMENTS.

   (A)   General provisions.
      (1)   Floor area. The term FLOOR AREA, for the purpose of calculating the number of off-street parking spaces required, shall be determined on the basis of the exterior-area dimensions of the building, structure, or use multiplied by the number of floors, minus 10%, except as may hereinafter be provided or modified.
      (2)   Change of use or occupancy of buildings. Any change of use or occupancy of any building or buildings, including additions thereto requiring more parking, shall not be permitted until such additional parking spaces as required by this chapter are furnished.
   (B)   Parking for residential uses, excluding the Rural Area (RA) Zone.
      (1)   Off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger vehicles and up to one commercial vehicle not to exceed a gross vehicle weight capacity of 14,000 pounds; and recreational vehicles and equipment. Under no circumstances shall parking facilities accessory to a residential use be used for storage of commercial vehicles or equipment or for the parking of vehicles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments.
      (2)   Motor homes, recreational vehicles, or utility trailers and equipment shall be located in a garage, carport, side yard, rear yard, or behind the front plane of the home, provided:
         (a)   No living quarters shall be maintained, or any business practiced in the motor home or recreational vehicle while the motor home or recreational vehicle is so parked or stored; except granted for occupying the recreational vehicle, under procedures established in § 154.159.
         (b)   Such apparatuses shall not be parked or stored between the front plane of the home and the front property line (i.e., right-of-way).
         (c)   Such apparatuses shall be parked or stored on a dust free surface.
         (d)   Such apparatuses greater than 12 feet in height, such as a typical ‘Class A’ RV, parked or stored outside on a property for more than 14 calendar days shall adhere to all principal building setbacks.
      (3)   All parking located on the street side of any approved screen wall, fence, or gate shall be on a dust-free surface. Parking surfaces shall be maintained and kept free from weeds, grass, or other vegetative growth.
      (4)   Parking in landscaped areas shall be prohibited.
      (5)   Parked vehicles shall not overhang into or obstruct any portion of a public right- of-way.
      (6)   Except where otherwise permitted by the Zoning Code, any vehicle undergoing repair must be titled to the owner or occupant of the property.
      (7)   Parking on corner lots shall be provided in a manner that does not obstruct the site visibility triangle, where such a triangle exists or is required.
   (C)   Vehicle parking and storage in the Rural Area (RA) Zone.
      (1)   For residential lots, off-street vehicle parking and storage shall adhere to the following:
         (a)   All vehicles shall be parked or stored on a designated surface that minimizes dust and has a defined border. Designated surfaces shall be maintained and kept free from weeds, grass, or other vegetative growth.
         (b)   Vehicle parking or storage in landscaped areas shall be prohibited.
      (2)   Stored vehicles shall not overhang into or obstruct any portion of a public right- of-way.
      (3)   Except where otherwise permitted by the Zoning Code, any vehicle undergoing repair must be titled to the owner or permanent occupant of the property.
      (4)   Inoperable vehicles shall not be parked or stored in a front yard.
      (5)   Vehicle parking or storage on corner lots shall be provided in a manner that does not obstruct the site visibility triangle, where such a triangle exists or is required.
      (6)   The parking of commercial vehicles having a gross vehicle weight rating (GVWR) of 14,000 pounds or more is limited to two commercial vehicles.
      (7)   Outside storage of commercial vehicles shall be prohibited.
      (8)   No person shall park any vehicle with a gross vehicle weight rating in excess of 25,000 pounds, or a tractor, semi-trailer, trailer, or bus on any real property within the RA district, except during the process of loading or unloading the vehicle or if in association with a principal agriculture use.
      (9)   Except where otherwise permitted by the Zoning Code, all personal vehicles, recreational vehicles, trailers, or equipment shall be owned by a permanent occupant of the property or if not owned by a permanent occupant of the property, shall be currently registered or licensed.
      (10)   Recreational vehicles, utility and/or horse trailers, equipment, or commercial vehicles shall be located in a garage, carport, side yard, rear yard, or behind the front plane of the home.
         (a)   Such apparatuses shall not be parked or stored between the front plane of the home and the front property line (i.e., right-of-way).
         (b)   Such apparatuses greater than 12 feet in height, such as a typical ‘Class A’ RV, parked or stored outside on a property for more than 14 calendar days shall adhere to all principal building setbacks.
      (11)   Guests of the permanent occupant of the primary residence may use their recreational vehicle or travel trailer as a dwelling for no longer than 21 total calendar days per year provided the following conditions are met:
         (a)   Such condition shall require an approved temporary use permit.
         (b)   Property owner is not renting, leasing, or accepting payment of any kind in exchange for allowing a recreational vehicle or travel trailer to be parked and/or occupied on the property.
         (c)   Recreational vehicle or travel trailer is connected to the home’s electricity supply. Use of generators shall be prohibited.
         (d)   Recreational vehicle or travel trailer shall not connect to the city’s sanitary sewer system on a residential property.
      (12)   Recreational vehicles and travel trailers shall not serve as a primary dwelling unless used for living quarters during construction. Such condition shall require an approved temporary use permit and an associated active building permit.
   (D)   Stall, aisle, and driveway design.
      (1)   Parking dimensions. See City Detail EM-157 for minimum parking space dimensions.
      (2)   Within structures. The off-street parking requirements may be furnished by providing spaces so designed within the principal building or structure attached thereto; however, unless provisions are made, no building permit shall be used to convert the parking structures into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter.
      (3)   Circulation between bays. Except in the case of single, two-family, townhouse, three-family, and four-family dwellings, parking areas shall be designed so that circulation between parking bays occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single, two-family, townhouse, three-family, and four-family dwellings, parking area design which requires backing into the public street is prohibited.
      (4)   Preserving off-site parking. When required, accessory off-street parking facilities are provided elsewhere than on the lot with the same ownership or control, either by deed or long-term lease, than the property occupied by the principal use, the owner of the principal use shall file a recordable document with the city and County Clerk requiring the owner and his or her heirs and assigns to maintain the required number of off-street spaces during the existence of the principal use.
      (5)   Parallel parking spaces. Parallel parking spaces shall be a minimum of 22 feet in length.
      (6)   Surfacing. All areas intended to be utilized for parking space and drive aisles shall be paved with dust-free materials suitable to control drainage. Plans for paving and drainage of driveways and stalls for five or more vehicles shall be submitted to the City Engineer for his or her review, and the final drainage plan shall be subject to his or her written approval.
      (7)   Striping. Except for townhouses and single-, two-, three- and four-family dwellings, all parking stalls shall be marked with painted lines not less than four inches wide. Striping in areas that are not asphalt or concrete shall be delineated in a manner that is acceptable to the city.
      (8)   Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of-way, and be in compliance with this chapter. A photometric plan showing the footcandles of onsite lighting to all adjacent property lines and to the centerline of all adjacent streets shall be submitted to the city for review.
      (9)   Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot. All signs shall conform to the city sign requirements.
      (10)   Curbing. Except for townhouses and single-, two-, three-, and four-family dwellings, all open off-street parking areas and driveways shall have a six-inch by six-inch perimeter MAG type concrete curb around the entire parking lot built according to standards provided by the City Engineer. Furthermore, the curb shall be no closer than three feet to property lines. Overhang, the length of a vehicle that extends beyond the curb or edge of the parking space, may not be counted towards the length of the space. Any curb designed to carry stormwater shall include a gutter. However, the city encourages shared access between parcels which may eliminate the need for curbing around the entire perimeter of a parcel. The Development Services Department will determine whether more parcels sharing parking and/or driveway accesses during the design review process.
      (11)   Protruding vehicles. All on-site parking stalls which abut property lines shall be designed and constructed such that parked vehicles shall not protrude over property lines.
      (12)   Screening.
         (a)   Generally. Every parking facility containing four or more spaces abutting a city street shall be separated from the street by a decorative wall, view obscuring fence, permanently maintained compact hedge, berm, or a combination of the preceding treatments, no less than 30 inches and not more than 42 inches in height.
         (b)   Screening in residential areas. Every parking facility abutting property located in a residential district shall be separated from the property by a decorative wall, view obscuring fence, or permanently maintained hedge no less than five nor more than six feet in height.
   (E)   Maintenance. It shall be the joint and separate responsibility of the lessee and
owner of the principal use, uses, or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping, and required fences.
   (F)   Use of required parking areas for parking only. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale, or rental of goods, or storage of inoperable vehicles.
   (G)   Number of spaces required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement, and/or lease for and during the life of the respective uses hereinafter set forth.
TABLE P - MINIMUM PARKING SPACES REQUIRED
Use Category
Specific Use Type
Minimum Vehicle Spaces Required
TABLE P - MINIMUM PARKING SPACES REQUIRED
Use Category
Specific Use Type
Minimum Vehicle Spaces Required
Residential Use Category
Dwelling:
   Single-Family Detached / Attached;
   Live/Work;
   Duplex;
   Manufactured Home
2 spaces per dwelling unit (if on-street parking is not available, then 0.25 visitor parking space per unit shall be required)
Dwelling:
   Multi-Family
Studio and 1 bedroom units + 1.5 space per unit
2 bedroom units + 1.5 spaces per unit
3 or more bedroom units + 2 spaces per unit
Manufactured Home Park
2 spaces per dwelling unit + 1 space for every 8 dwelling units/lots for guests
Recreational Vehicle Park
1 space per RV space + 1 space for every 8 RV spaces for guests
Assisted Living Center
0.5 space per residential room/unit + 1 space for every 4 rooms/units for guests and employees
Assisted Living Home; Child Care Home; Group Care Home; Resident Care Home
Same as Single-Family
Nursing Home
1 space per 4 beds (based on maximum capacity)
Public and Semi-Public Use Category
Airport/Heliport
1 space per 500 SF GFA; 2 spaces per helipad
Assembly Hall / Auditorium; Conference Center; Community Recreation Center; Fraternal or Social Club
1 space per 4 fixed seats or 1 space per 300 SF GFA where fix seating is not provided
Cemetery
Minimum 5% of the gross area shall be made available for parking
Child Care Center
1 space per 400 SF GFA
College or University
1 space per 3 employees plus 1 space per 5 students predicated on the designed capacity of the building(s).
   Dormitories, Fraternity / Sorority Houses:
1 space per dwelling unit and 1 space for each guest room.
Community Playfields and Parks
1 space per 2,500 square feet of activity area (Where tournaments or similar contests are expected, additional open areas suitable for parking/loading may be required)
Cultural Facility
1 space per 200 SF GFA
Funeral Home or Crematorium
1 space per 4 fixed seats or 1 space per 300 SF GFA where fix seating is not provided
Government Office and Civic Buildings; Library; Public Safety Facility
1 space per 300 SF GFA
Health Care / Medical Facility or Clinic
1 space per 350 SF GFA
Hospital
1 spaces per 2 inpatient beds + 1 per employee on a normal shift
Instructional Services or Trade Schools
1 space per 200 SF GFA
Public Safety Facility
1 space per employee + 1 space per fleet vehicle + 1 space per 350 SF of usable office per meeting space
Religious Assembly
1 space per 4 fixed seats or 1 space per 300 SF GFA where fix seating is not provided
School, Public or Private, K-8
1 space per classroom + 1 space for each 200 SF of indoor assembly area
School, Public or Private, 9-12
1 space per 200 SF of classroom and office area
Solar Generation Facility
1 space per employee
Transportation Terminal
6 spaces per 1,000 SF of waiting area
Utility Facility and Service Yard
1 space per employee + 1 space per fleet vehicle if present at site
Wireless Facility (Including Tower and Supporting Facilities)
1 space
Agriculture Use Categories
Agriculture, General
None
Community Garden
None
Ranching, Commercial
None
Commercial Use Categories
Adult Entertainment Business
1 space per 200 SF GFA
Animal Kennel / Shelter, Hospital and Veterinarian Clinic
1 space per 400 SF GFA
Art Gallery / Studio
1 space per 300 SF GFA
Commercial Entertainment, Indoor
1 space per 4 fixed seats or 1 space per 300 SF GFA, whichever is greater
   Movie Theater
1 space per 3 seats
Commercial Entertainment, Outdoor
1 space per 3 persons based on occupancy, plus 1 space per employee on major shift (Where tournaments or similar contests are expected, additional open areas suitable for parking/loading may be required)
General Recreation, Indoor
1 space per 200 SF GFA
   Fitness and Sports Center
1 space per 200 SF GFA
   Golf course
5 spaces per hole + required spaces for ancillary uses
   Golf driving range
2 spaces per tee + required spaces for ancillary uses
General Recreation, Outdoor
5 spaces per acre of facility + 1 space per 4 persons of total maximum capacity of facility
Child Care, Center
1 space per staff member, plus 1 space per 15 clients of licensed capacity
Personal Services
1 space per 300 SF GFA
Business Services
1 space per 250 SF GFA
Financial Institution
1 space per 250 SF GFA
Office, Business or Professional
1 space per 300 SF GFA
Non-Chartered Financial Institution (Check Cashing)
1 space per 250 SF GFA
Bar, Lounge, or Tavern
1 space per 75 SF patron space + 1 space per 200 SF of outdoor seating area
Coffee Shop / Caf
1 space per 75 SF patron space + 1 space per 400 SF of outdoor seating area
Microbrewery, Craft Distillery or Tasting Room
One space per 150 SF patron space
Nightclub
1 space per 75 SF patron space + 1 space per 200 SF of outdoor area
Restaurant, Full Service
1 space per 50 SF patron space + 1 space per 400 SF of outdoor seating area
Restaurant, Limited Service
1 space per 75 SF patron space + 1 space per 400 SF of outdoor seating area
Medical Marijuana Cultivation
1 space per 1,000 SF of warehouse area + 1 space per 350 SF of office area
Medical Marijuana Dispensary
1 space per 300 SF GFA
Medical Marijuana Manufacturing Facility
1 space per 500 SF of warehouse area + 1 space per 350 SF of office area
General Personal Services
   Tattoo Parlor and Piercing Salon
 
1 space per 300 SF GFA
Retail, General
   Alcoholic Beverages
   Convenience Store
   Flex Commercial
   Smoke / Vape Shop
   Pawn Shop
1 space per 300 SF GFA
Retail, Large
1 space per 300 SF GFA
   Nursery, commercial Feed Store
1 space per 400 SF of sales and display area
   Outdoor Vending
1 space per employee + principal use
   Farmers market
   Flea Market
1 space per 500 SF of designated vendor area
Self-Storage, Indoor
1 space per 50 units or 1 space per 5,000 SF of storage area, whichever is greater
Automobile / Boat / RV Sales and Leasing; Rentals
1 space per 400 SF of sales and service buildings + 1 space per 10,000 SF of outdoor display area
Automobile / Boat / RV, Repair
3 spaces per service bay + 1 space per 350 SF of additional retail sales and service area (service bay shall not be counted as a parking space)
Car Wash
1 space per 200 SF of sales, office and lounge area
Car Wash, Self-Serve
0.5 spaces per bay + Stacking
Fueling Station
Space at pump + 1 space per fueling position
   Service Station with Convenience Store
Space at pump + 1 space per fueling position + 1 space per 300 SF GFA
Hotel / Motel (13+ units)
1 space per guest room + 1 space per 4 persons of total maximum capacity of banquet room (if present) + 2 spaces per 3 employees
Bed and Breakfast
1 space per guest room plus 2 spaces for resident manager
Inn
1 space per guest room plus 4 spaces for guests and employees
Industrial Use Categories
Building Materials; Wholesale
1 space per 500 SF of sales related area + 1 space per 350 SF of office area
Distribution Warehouse/Yard
1 space per 2,000 SF of warehouse and/or 5,000 SF of yard related area + 1 space per 350 SF of office area
Assembly / Manufacturing:
 
   Light
1 space per 500 SF of warehouse area + 1 space per 350 SF of office area
   Heavy
1 space per 1,000 SF of warehouse area + 1 space per 350 SF of office area
Auto Wrecking and Salvage Yard
See § 154.104(G)(2)
Data Center
1 space per employee on major shift (minimum 1 space if no employee)
Heavy Equipment Sales and Rental
1 space per 400 SF of rental and sales buildings + 1 space per 10,000 SF of outdoor display area
Research Laboratory
1 space per 350 SF GFA
Resource Extraction
See § 154.104(G)(2)
Outdoor Storage
Minimum 4 spaces + 1 space per employee
Oil and Gas Refinery
See § 154.104(G)(2)
Waste, Salvage and Recycling Facility
See § 154.104(G)(2)
 
      (1)   Multiple uses. Unless otherwise specified, lots containing more than one use shall provide parking and loading in an amount equal to the total of the requirements for all activities.
      (2)   Uses not listed. It is recognized that specifying a single parking requirement for some uses listed in Table P is not reasonably feasible due to the far-reaching variation in use characteristics that can exist within that specific use type. For those uses listed in Table P that do not have a specific parking requirement identified, the Development Services Department shall determine a parking requirement based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand. In order to make this determination, the Development Services Department may require the applicant to submit a parking demand study or other information, at the applicant’s cost. The parking demand study may include, but is not limited to, estimates of parking demand based on the most current recommendations of the Institute of Transportation Engineers (ITE), or other acceptable sources as approved by the Development Services Department, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use.
      (3)   Unspecified uses. Where buildings are constructed without uses specified (i.e. shell buildings), the use with the highest parking requirement among all uses specified for the zoning district where the site is located shall be used to calculate off-street parking requirements.
      (4)   Parking waiver. A parking demand study may be prepared and submitted, at the applicant’s cost, to request a modification to parking requirements if it is believed that a particular use will not require the number of spaces required by Table P. The parking demand study may include, but is not limited to, estimates of parking demand based on the most current recommendations of the Institute of Transportation Engineers (ITE), or other acceptable sources as approved by the Development Services Department, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. The study should also take into account peak operating hours and both on-street and off-street parking conditions to accurately demonstrate parking demand and supply.
      (5)   TROD. For any change of use within the TROD Zoning District that may require an increase to available off-street parking that cannot be accommodated on-site, the Development Services Department may accept a traffic management plan, prepared by the applicant at their expense, which contains information on the strategies, designated parking areas, peak operating hours, and information indicating the applicant’s ability to provide and enforce these elements over time. The Development Services Department may impose conditions that are needed to ensure the long-term compliance to the plan, including but not limited to a reserve parking area, phasing, or contributions to other alternative means of transportation or parking accommodations.
   (H)   Alternative parking provisions. Where conditions preclude the provision of the number of off-street parking spaces required by Table P, the following alternative parking provisions may be available, subject to city approval:
      (1)   Compact spaces. Up to 30% of the total number of required parking spaces for non-residential uses may be designated as compact spaces. Compact spaces shall be a minimum of eight feet wide by 16 feet long and shall be clearly marked in the field by a method acceptable to the Development Services Department. ADA parking spaces may not be compact
      (2)   Electric vehicle charging spaces. Electric vehicle parking spaces may be counted to satisfy the minimum off-street parking requirements. The parking space credit shall be determined at the time of site plan approval based on the type of charging facility provided.
      (3)   Tandem parking. TANDEM PARKING shall mean a space where one vehicle parks behind another, so that one vehicle must be moved before the other can be accessed. Americans with Disabilities Act (ADA) parking spaces shall not be used for tandem parking spaces. Tandem parking shall be limited to a maximum of two cars in depth and no less than nine feet wide and 40 feet long. Tandem parking stalls are only allowed for:
         (a)   Residential uses. Tandem parking spaces shall be allowed for single-family, detached and attached residential with spaces and access paved in accordance with the City of El Mirage Engineering Standards.
         (b)   Multifamily residential uses. Tandem parking spaces shall be allowed for multifamily residential uses, subject to the following conditions.
            1.   The tandem spaces shall be reserved for and assigned to dwelling units which are required to have two or more parking spaces.
            2.   Tandem spaces shall not be used for guest parking.
         (c)   Nonresidential uses. Tandem parking spaces shall not be allowed for new non-residential construction.
      (4)   Joint use.
         (a)   Up to 80% of the parking facilities required by this subsection for a religious assembly or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities by the following daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale, and similar uses.
         (b)   Other joint use of parking by adjacent commercial uses to reduce total parking spaces may be allowed with approved parking study submittal by a registered transportation engineer.
         (c)   Conditions required for joint use.
            1.   The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 300 feet of the parking facilities.
            2.   The applicant shall show that there is no substantial conflict in the operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.
            3.   A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Clerk and recorded with the County Recorder.
      (5)    Off-site parking.
         (a)   Any off-site parking which is used to meet the requirements of this chapter shall be a conditional use as regulated by this chapter and shall be subject to the conditions listed below.
         (b)   Off-site parking shall be developed and maintained in compliance with all requirements and standards of this chapter.
         (c)   Reasonable access from off-site parking facilities to the use being served shall be provided.
         (d)   The site used for meeting the off-site parking requirements of this chapter shall be under the same ownership as the principal use being served, under public ownership, or shall have guaranteed permanent use by virtue of a perpetual lease filed with the City Clerk and County Clerk.
         (e)   Off-site parking for multiple-family dwellings shall not be located more than 200 feet from any normally used entrance of the principal use served.
         (f)   Off-site parking for non-residential uses shall not be located more than 300 feet from the main entrance of the principal use being used.
         (g)   Any use which depends upon off-site parking to meet the requirements of this chapter shall maintain ownership or prove a long-term irrevocable lease agreement for parking utilization of the off-site location.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Ord. O25-11-10, passed 11-4- 2025)

§ 154.105 OFF-STREET LOADING BERTH REQUIREMENTS.

   (A)   Affected uses.
      (1)   Whenever the operation of any use requires that goods, merchandise, or equipment be delivered to or shipped from that use, such as grocery stores, furniture or appliance stores, plant nurseries, retail uses, hospitals, educational uses, and manufacturing and processing centers, off-street material loading and unloading areas shall be provided in accordance with the following table of minimum requirements. The required material loading spaces shall not be part of the spaces used to satisfy the off-street parking requirements.
 
SQUARE FEET OF AGGREGATE GROSS FLOOR AREA DEVOTED TO SUCH USE
REQUIRED NO. OF BERTHS
SQUARE FEET OF AGGREGATE GROSS FLOOR AREA DEVOTED TO SUCH USE
REQUIRED NO. OF BERTHS
15,000 sq. ft. up to and including 40,000 sq. ft.
1
40,001 sq. ft. up to and including 100,000 sq. ft.
2
100,001 sq. ft. up to and including 160,000 sq. ft.
3
160,001 sq. ft. up to and including 240,000 sq. ft.
4
240,001 sq. ft. up to and including 320,000 sq. ft.
5
320,001 sq. ft. up to and including 400,000 sq. ft.
6
400,001 sq. ft. up to and including 490,000 sq. ft.
7
For each additional 90,000 sq. ft.
1 additional
 
      (2)   Any office building 100,000 sq. ft. or larger shall have at least one off-street loading berth.
   (B)   Standards for off-street loading facilities. All off-street loading facilities shall conform to the following standards.
      (1)   Unless otherwise specified in these zoning regulations, the first loading berth shall be at least 70 feet in length and additional berths required shall be at least 45 feet in length and all loading berths shall be at least 12 feet in width and 21 feet in height, exclusive of aisle and maneuvering space.
      (2)   The space may occupy all or any part of any required yard space, except front and exterior side yards, and shall not be located closer than 50 feet to any lot in any residential zone unless separated from the zone, except at the accesses, by a masonry wall not less than eight feet in height.
      (3)   Sufficient room for turning and maneuvering vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward.
      (4)   Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley.
      (5)   The loading area, aisles, and access drives shall be paved so as to provide a durable, dust-free surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys.
      (6)   Bumper rails shall be provided at locations where needed for safety or to protect property.
      (7)   A photometric plan will be required if the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to cause no excess glare.
      (8)   No regular repair work or servicing of vehicles shall be conducted in a loading area.
      (9)   Off-street loading facilities shall be located on the same site with the use for which the berths are required.
      (10)   If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this chapter for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths.
      (11)   Off-street loading facilities for a single use shall not be considered as providing required off-street loading facilities for any other use.
      (12)   At the time of initial occupancy, major alterations or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading berth requirements. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement.
      (13)   Space allocated to any off-street loading berth shalt not be used to satisfy the space requirements for any off-street parking facility.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Ord. O25-11-10, passed 11-4- 2025)

§ 154.106 MISCELLANEOUS REQUIREMENTS.

   (A)   Glare and lighting. Any lighting used to illuminate an off-street parking area, sign, or other structure shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Base incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cause light on a public street, other than lights specifically intended for that purpose, shall not exceed one foot candle (meter reading) as measure from the center line of the street. Any light or combination of lights which cast light on residential property shall not exceed 0.1 foot candles (meter reading) as measured from the property. A photometric plan will be required to display this information.
   (B)   Surface-water ponding. Natural ponding areas shall be retained as much as possible or, if necessary, enlarged or modified as directed by the City Engineer to restrict the off-site runoff subject to city subdivision requirements for stormwater runoff control.
   (C)   Storage; exterior displays. All materials, supplies, merchandise, or other similar matter not on display for direct sale, rental, or lease to the ultimate consumer or user shall be stored within the confines of a 100% opaque wall or fence not less than six feet tall. Merchandise which is offered for sale as described may be displayed beyond the confines of a building in any general business zone, but the area occupied by the outdoor display shall not constitute a greater number of square feet than 10% of the ground floor area of the building housing the principal use, unless the merchandise is a type customarily displayed outdoors, such as automobiles and garden supplies. No storage of any type shall be permitted within the one-half of the required front or side street setback nearest the street nor within any required interior side or rear setback.
   (D)   Trash and garbage incinerators; storage. No exterior incineration of trash or garbage is permissible. No exterior storage of trash or garbage is permissible except in an accessory building enclosed by walls and roof or in closed containers within a totally screened area.
   (E)   Refuse containers. It shall be the duty of the owner or developer of all new single-family residential construction and development within the city, when the development is not subject to the provisions of the city subdivision ordinance with respect to refuse containers, to supply at his or her expense refuse containers. The type of the containers shall be approved by the Development Services Director.
   (F)   Smoke, dust, and other particulate matter. The emission of smoke, dust, and other particulate matter shall be in compliance with the Maricopa County Air Quality Department.
   (G)   Bulk storage (liquid). All uses associated with bulk storage of all gasoline, liquid fertilizer, chemicals, flammable, and similar liquids shall comply with Uniform Building and Fire Code requirements and city supplements and Maricopa County regulations, and shall be stored underground, except in the EI district when approved by the Fire Chief.
   (H)   Water quality, hazardous wastes, and wastewater. Discharge of hazardous waste, chemicals, and wastewater will be subject to Arizona Department of Health Services, Division of Environmental Health Standards.
   (I)   Odors. The emission of odors by any use shall be in compliance with city standards and regulations.
   (J)   Noise. It shall be prohibited to disturb the peace or quiet of a neighborhood, family or person by making or emitting unreasonable noise. Noise that exceeds 55 decibels, measured at the property line of the source, between 10:00 p.m. and 6:00 a.m. is presumed unreasonable.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Ord. O25-11-10, passed 11-4- 2025)

§ 154.107 NON-CONFORMING USES AND STRUCTURES.

   (A)   Any structure or use lawfully existing upon the effective date of this chapter may be continued at the size and in the manner of operation existing upon that date except as hereinafter specified and except for any uses previously approved as special, conditional, or temporary uses, which shall be lawful only so long as all terms originally approved are met, including time limitations.
   (B)   The right to operate and maintain a non-conforming use shall terminate when the structure or structures housing the use are removed, razed, or remodeled to the extent of 50% of the structure’s fair market value as determined by the last equalized assessment role of the County of Maricopa, unless the condition was created as described in division (F) or (H) below.
   (C)   When any lawful, non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.
   (D)   Whenever a lawful non-conforming use of a building or structure has been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, to an extent greater than 50% of its originally appraised value, it shall not be reconstructed, but the property shall revert to a conforming use.
   (E)   Whenever a lawful non-conforming use of a building or structure or land is discontinued for a period of 90 days, any future use of the building or structure or land shall be in conformity with the provisions of this chapter.
   (F)   Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary structural repairs, provided the structural repairs do not enlarge or intensify the non-conforming use.
   (G)   A lawful non-conforming use shall not be changed except in conformance with the use requirements of the zone in which it is located.
   (H)   Alterations may be made to a structure or building containing lawful non-conforming residential units when they will improve the livability thereof, providing they will not increase the number of dwelling units.
   (I)   Existing lots.
      (1)   At the time of the enactment of this chapter, if any owner of a plot of land consisting of one or more adjacent lots in a subdivision of record does not own sufficient contiguous land to enable him or her to conform to the minimum lot size requirements or does not have sufficient lot width to conform to the minimum lot width requirements, the plot of land may nevertheless be used as a building site. The dimensional requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot, the reduction to be determined by the Board of Adjustment.
      (2)   No lot, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of this chapter, shall be reduced in size so that lot width or size of yards or lot area per family or any other requirement of this chapter is not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)