Guadalupe City Zoning Code
COMPOSITION OF
DISTRICTS
§ 154.065 SINGLE-FAMILY RESIDENTIAL DISTRICTS: R-1-9 AND R-1-6.
The composition of the districts listed above shall be as follows.
(A) Intent. The single-family residential districts are intended to provide for low density, detached housing in the R-1-9 district and medium density, detached housing in the R-1-6 District.
(B) Permitted uses.
(1) One-family dwelling;
(2) Agricultural, flower and vegetable gardening, nurseries, and greenhouses for the purpose of propagating and cultivating only, provided no business shall be carried on upon the premises and provided that no obnoxious fertilizers be stored and no obnoxious soil renovations shall be carried on upon the premise; and
(3) Home occupation.
(C) Permitted accessory uses.
(1) Uses of land or structures customarily incidental and subordinate to one of the permitted principal uses, unless otherwise excluded;
(2) Temporary offices and/or construction sheds and appurtenant signs and storage incidental to a construction project, which buildings, signs, and storage shall be removed upon completion or abandonment of the construction work;
(3) Private garage or carport;
(4) Private swimming pools when enclosed with a non-climbable fence at least five feet in height;
(5) Fences, not to exceed four feet in height in front or street side yards or seven feet in height in the side or rear yards; and
(D) Conditional uses. The following uses shall be permitted as conditional uses, subject to obtaining a conditional use permit.
(1) Public utility facilities to serve the immediate area, but not including any office facilities or maintenance yards for public utility use;
(2) Publicly owned buildings and facilities, including libraries, police and fire stations, and other community and recreational buildings, including public schools;
(3) Churches, accessory church facilities, and parochial schools;
(4) Private recreational areas and facilities; and
(5) One mobile home per lot.
(E) Area, height, and setback regulations.
(1) The following requirements shall be observed for residential uses in the R-1-9 and R-1-6 zoning districts.
Minimum Yard Setbacks | ||||||||
Zoning District | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Front | Side | Street Side | Rear | Max. Bldg. Height |
R-1-9 | 9,000 square feet | 80’ | 100’ | 30’ | 10’ | 20’ | 10’ | 30’; accessory building |
R-1-6 | 6,000 square | 60’ | 90’ | 25’ | 7’* | 15’ | 10’ | 30’ |
*for ease of access, 1 side shall be at least 10 feet in width. Churches and schools 35 feet on each side. | ||||||||
(2) The minimum provisions listed above of width and area shall not apply to any lot of less than said width and area existing and of record in the office of the County Recorder before the effective date of this section, provided the owner thereof owns no adjoining land.
(3) For planned area developments, the density per gross acre shall not exceed 4.85 dwelling unit per acre for R-1-6.
(Zoning Code, Art. II Part II) (Ord. O2022.02, passed 3-24-2022)
§ 154.066 TWO-FAMILY R-2 DISTRICT AND MULTI-FAMILY R-3 AND R-4 DISTRICTS.
(A) Intent. The two-family and multi-family districts are intended to provide for a variety of lifestyles and residential densities. The R-2 District is intended to provide for medium density, one-family and two-family dwellings. The R-3 District is intended for medium density, multi-family dwellings. The R-4 District is intended for higher density, multi-family.
(B) Permitted uses.
(1) Any use permitted in the R-1-6 and R-1-9 Districts;
(2) Two-family dwellings (duplex);
(3) Boarding houses; and
(4) In the R-3 and R-4 Districts, multiple dwellings, including cooperative apartment houses, condominium dwellings, and row dwellings consisting of not more than six units in a continuous row.
(C) Permitted accessory uses.
(1) Accessory uses permitted in and as limited in the R-1-9 and R-1-6 Districts; and
(D) Conditional uses. The following uses shall be permitted as conditional uses, subject to obtaining a conditional use permit:
(1) Medical clinics; and
(2) Conditional uses permitted in and as limited in the R-1-9 and R-1-6 Districts.
(E) Area, height, setback regulations.
(1) The following requirements shall be observed for permitted uses in the R-2, R-3, and R-4 Zoning Districts:
Minimum Yard Setbacks
| ||||||||
Zoning District | Min. Lot Area Per D.U. First 2 D.U. | Min. Lot Area Per D.U. Add’l D.U. | Min. Lot Width | Frt. | Side | Street Side | Street Rear | Max Bldg. Hgt. |
R-2 | 5,000 sq. ft. | 75’ | 25’ | 7’* | 20’ | 20’ | 30’ | |
R-3 | 5,000 sq. ft. | 2,500 sq. ft. | 100’ | 20’ | 7’* | 15’ | 15’ | 30’ |
R-4 | 5,000 sq. ft. | 1,250 sq. ft. | 100’ | 20’ | 7’* | 15’ | 15’ | 30’ |
*for ease of access, 1 side shall be at least 10 feet in width. Churches and schools 35 feet on each side. | ||||||||
The minimum provisions listed above shall not apply to any lot of smaller size already of record in the office of the County Recorder of Maricopa County, Arizona, before the effective date of this chapter. | ||||||||
(2) The following requirements shall be observed for residential uses in the R-1-9 and R-1-6 zoning districts.
Zoning District | Minimum Yard Setbacks | Max-Height | |||
Front | Side | Street Side | Rear | ||
R-1-9 | 30’ | 10’ | 20’ | 10’ | 30’ |
R-1-6 | 25’ | 7’ | 15’ | 10’ | 30’ |
The minimum provisions listed above shall not apply to any lot of smaller size already of record in the office of the County Recorder of Maricopa County, Arizona, before the effective date of this chapter. | |||||
(F) Off-street parking. For two-family and multi-family dwellings, there shall be at least one space for each efficiency apartment, one and one-half spaces for each one and two bedroom dwelling unit, and two spaces for each dwelling unit containing more than two bedrooms as provided in §§ 154.120 through 154.125.
(Zoning Code, Art. II Part II) (Ord. 98-07, passed 12-22-1998; Ord. 2005-01, passed 4-28-2005)
§ 154.067 COMMERCIAL DISTRICTS; C-1 NEIGHBORHOOD COMMERCIAL, C-2 GENERAL COMMERCIAL, AND C-M MIXED-USE COMMERCIAL.
(A) Intent.
(1) The C-1 District is intended to preserve and protect neighborhood commercial areas located in close proximity of residential areas and to provide retailing of convenience goods and services to meet the frequent needs of the neighborhood.
(2) The C-2 District is intended to provide space for general retail and office uses, and efficient development of major retail shopping areas to serve the needs of the community and regional area.
(3) The C-M District is intended to provide for general and outdoor retailing uses and light manufacturing and storage associated with commercial uses.
(B) General regulations.
(1) In the C-1 and C-2 Districts, all uses shall be within enclosed buildings except for drive-thru windows and other outdoor uses where specifically permitted by this chapter.
(2) In the C-1 and C-2 Districts, outdoor display and storage are prohibited except where specifically permitted by this chapter.
(3) In the C-1, C-2, and C-M Districts, overhead doors and loading and service bays shall be screened from public street view by opaque fences or walls, six feet in height.
(4) In the C-1, C-2, and C-M Districts, the yards required adjacent to public streets shall be entirely landscaped except for necessary driveways and walkways; parking and maneuvering areas shall be located beyond those required landscaped yards.
(5) In the C-M District, outdoor storage shall be screened from public street view and adjacent properties by opaque fences or walls, six feet in height.
(7) Any use which is objectionable by reason of emission of odor, dust, smoke, gas, vibration, or noise, or may impose hazard to health or property, shall be prohibited.
(C) Permitted uses.
(1) Any use permitted in the R-2, R-3, and R-4 Districts.
(2) The following neighborhood retail businesses and service establishments shall be permitted in enclosed buildings in the C-1, C-2, and C-M Districts:
(a) Bakery;
(b) Barber and/or beauty shop;
(c) Bicycle sales and repair;
(d) Bookstore, except adult bookstore (see § 154.003);
(e) Café and/or cafeteria under 5,000 square feet in area and excluding live entertainment;
(f) Day care center;
(g) Delicatessen;
(h) Drugstore;
(i) Florist;
(j) Fruit and fruit juice store;
(k) Grocery store;
(l) Hardware store;
(m) Health food store;
(n) Medical and dental offices;
(o) Self-service laundry;
(p) Radio and television sales and repair;
(r) Stationery store;
(s) Shoe sales and repair; and
(t) Sporting goods store.
(3) The following general retail business and service establishments shall be permitted in enclosed buildings in the C-2 and C-M Districts:
(a) Art shop and artist supplies, addressograph shop, athletic club, awning sales and repair, air conditioning and ventilating equipment, sales and repair;
(b) Blueprinting or photostating, bowling alley, banks;
(c) Carbonated water sales, costume rentals;
(d) Department store, diaper service, drapery and curtain store, dressmaking, dry goods store, dance halls;
(e) Electrical and heating appliances and fixtures, sales and repairs, employment agency, embroidery store;
(f) Fountain equipment supply, frozen food lockers, fix-it shop, film exchange, furniture sales and repairs, flooring or floor repair, funeral homes;
(g) Gift shop, greenhouse, gunsmith, gymnasium, garage;
(h) Hobby shop, hemstitching shop, house equipment display, hospital supplies, hotels;
(i) Jewelry store;
(j) Kindergarten, key and lock service;
(k) Laundry, linen shop;
(l) Millinery, medical clinics, manufacture of goods to be sold at retail on the premises, providing that such manufacture is plainly incidental to and operated in connection with a use permitted in this district;
(m) Novelty store, night club;
(n) Office supply store, offices;
(o) Painter or paint store, plumbing shop, paper hanger or wallpaper store, pet store, pawn shop, pool hall, penny arcade, public utility facilities and office, private schools;
(p) Roller skating rink;
(q) Second-hand store, sewing machine shop, seed and feed store, sign painting shop;
(r) Towel and linen supply, trade school, typewriter and adding machine repair, tire shop, theater (except adult theater, see § 154.003), tailor shops;
(s) Upholstery shop;
(t) Variety store, video supply store, video game facility, veterinary offices, excluding animal hospitals, clinics, and kennels; and
(u) Wholesale business, window washing service.
(4) The following outdoor general retail business and service establishments shall be permitted in the C-2 and C-M Districts:
(a) Automobile service stations, including minor repairs and lubricating, automobile car wash service;
(b) Building materials retailing;
(c) Drive-in and drive-thru restaurants;
(d) Fruit and vegetable outdoor sales;
(e) Insulation sales;
(f) Monument sales;
(g) Plant nursery, parking lots; and
(h) Recreation areas and facilities.
(5) The following commercial manufacturing and storage establishments shall be permitted in the C-M District:
(a) Bus terminals;
(b) Cleaning and dyeing plant, carpet and rug cleaning;
(c) Dispatch yard;
(d) Express office;
(e) Printing, publishing, or lithographing, pest extermination;
(f) Wholesale activities and warehousing;
(g) Assembly of products from previously prepared materials; and
(h) Commercial trade schools and business colleges.
(D) Permitted accessory uses.
(1) Uses of land or structure customarily incidental and subordinate to one of the principal uses, unless otherwise excluded;
(3) Off-street parking and loading areas.
(E) Conditional uses.
(1) Conditional uses permitted in and as limited in the R-2, R-3, and R-4 Districts, subject to obtaining a conditional use permit in accordance with § 154.019, except that mobile homes as a permanent structure for commercial use shall not be permitted.
(2) The following uses shall be permitted in enclosed buildings as conditional uses, in C-1 Districts, subject to obtaining a conditional use permit in accordance with § 154.019:
(a) Bank;
(b) General business offices;
(c) Medical clinic;
(d) Veterinarian offices, excluding animal hospitals, clinics, or kennels;
(e) Publicly owned museums, libraries, community centers, governmental offices;
(f) Institutions of a religious, educational, or philanthropic nature;
(g) Private clubs, lodges, or veterans organizations;
(h) Permanent residence;
(i) One mobile home for temporary use, not to exceed 12 months, while a permanent structure is being completed; and
(j) Liquor store, bar, beer tavern, and any other businesses engaged in selling liquor, beer, and wine
(3) The following uses in enclosed buildings shall be permitted as conditional uses in the C-2 and C-M Districts in accord with § 154.019 except those uses set forth in division (E)(3)(f) below. The uses in division (E)(3)(f) below shall be allowed without complying with the conditional use permit requirements of § 154.019. The uses set forth in § 154.019 will be subject to all other restrictions and conditions set forth in division (E)(3)(f) below:
(a) Hospitals and related uses, including animal clinics and hospitals;
(b) Permanent residence;
(c) One mobile home for temporary use, not to exceed 12 months, while a permanent structure is being completed;
(d) Liquor store, bar, beer tavern, and any other businesses engaged in selling liquor, beer, and wine;
(e) Major automotive repair, painting, upholstering, and body and fender work; and
(f) Adult bookstore, adult live entertainment, and adult theater (as originally defined by Ord. 55) and similar such uses, subject to the following conditions or limitations.
1. None of the above listed uses may be located within 1,000 feet of any use in the same category or of the uses listed above.
2. None of the above listed uses may be located within 500 feet of a preschool, kindergarten, elementary or secondary school, or any residential use districts, unless a petition requesting a waiver of this requirement signed by 51% of those adults who have resided for no less than 90 days within 500 feet of the boundary of the lot or parcel upon which the use is proposed to be located is received and verified by the Zoning Administration in which the Town Council may waive this requirement. The Zoning Administration, Town Manager, or any board shall not have jurisdiction to vary this provision.
3. Waiver by Town Council shall be based on the following findings:
a. The proposed use will not be contrary to the public interest, injurious to the adjacent or nearby properties, nor contrary to policies contained in the town comprehensive plan;
b. The proposed use will not alter the character of the immediate area such that it would contribute to a decline in economic vitality, public safety, or residential property values; and
c. The location of the proposed use in the area will not be contrary to any program of neighborhood conservation or redevelopment.
4. If a waiver is granted by Town Council, then a use permit shall be obtained prior to commencing the use.
5. The requirement for signatures of residents who live within 500 feet of the boundary of the lot or parcel shall apply whether or not the residents are located within the corporate limits of the town.
6. The Zoning Administration shall prescribe the form of petition. The petition shall contain such in formation as will enable the Zoning Administration to determine whether requirements of this chapter have been met. The nature of the proposed use shall be described prominently at the top of each page of the petition.
7. These provisions shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law.
(4) The following outdoor uses shall be permitted as conditional uses in the C-2 and C-M Districts in accordance with § 154.019: automobile, truck, mobile home, trailers, and recreational vehicle rentals and sales lots, new and used.
(5) The following uses in enclosed buildings shall be permitted as conditional uses in the C-M Districts in accordance with § 154.019:
(a) Amusement parks;
(b) Boat building;
(c) Bottling works;
(d) Bookbinding;
(e) Carpenter and/or cabinet shop;
(f) Contractors equipment storage yard or rental of equipment commonly used by contractors;
(g) Electrical sign shop;
(h) Firewood or lumber storage and sales;
(i) Foundry casting light-weight, nonferrous metal not-causing noxious odors or fumes;
(j) Knitting mills;
(k) Machine shop;
(l) Meat products, packing, smoking, and curing providing no objectionable fumes are emitted;
(m) Monument works;
(n) Radio and television transmitting towers and facilities;
(o) Scientific or research laboratories;
(p) Television set assembling;
(q) Trucking dispatch, terminal, transfer company;
(r) Weaving mills;
(s) Welding shop; and
(t) The manufacturing, compounding, processing, packaging, assembly, or treatment of any non-toxic, non-flammable, and non-hazardous materials or substances.
(6) The following uses in enclosed buildings shall be permitted as a conditional use only, in the C-2 Districts in accordance with this section:
(a) Medical marijuana dispensary owned and operated as a non-profit entity; or
(b) Medical marijuana cultivation or infusion facility owned and operated as a non-profit entity.
(F) Area, height, setback regulations. The following requirements shall be observed.
Zoning District | Minimum Yard Setbacks | Max-Height | |||
Front | Side | Street Side | Rear | ||
C-1 | 25’ | 12’ | 15’ | 15’ | 30’ |
C-2 | 20’ | 12’ | 15’ | 15’ | 30’ |
C-Mix | 30’ | 20’ | 30’ | 30’ | 40’ |
The minimum provisions listed above shall not apply to any lot of smaller size already of record in the office of the County Recorder of Maricopa County, Arizona, before the effective date of this chapter. | |||||
(H) Required site plan. All uses in these districts shall be subject to the site plan review as designated in § 154.035.
(I) Performance standards.
(1) No use shall be established, maintained, or conducted in any commercial district which may cause any of the following:
(a) Dissemination of smoke, gas, dust, odor, or any other atmosphere pollutant outside the building in which the use is conducted or with respect to a use or any part thereof that is not conducted within a completely enclosed building, any dissemination whatsoever;
(b) Noise perceptible beyond the boundaries of the immediate site;
(c) Discharge of any waste material into any watercourse or ditch;
(d) Dissemination of glare or vibration beyond the immediate site of the use; and
(e) Traffic hazards or by reason of fire, explosion, radioactive, or similar cause to property on the same or any adjacent district.
(2) All principal buildings and all accessory buildings or structures, including loading and unloading facilities, shall be located at least 100 feet from any “R” District boundary.
(3) The Town Council may, as a condition for securing necessary permits for building and occupancy, require all operations, including the storage of anything except merchandise displayed for sale, to be conducted in a fully enclosed building or entirely behind walls or fences and for planting screens which fully conceal them from visibility off the lot.
(4) No merchandise shall be displayed for sale or rent in any required yard abutting a public street.
(Ord. 89-06, passed 8-10-1989; Ord. 2002-06, passed 4-25-2002; Ord. 2005-01, passed 4-28-2005; Ord. 2017-02, passed 3-23-2017)
§ 154.068 PLANNED AREA DEVELOPMENT (PAD).
(A) Intent. The PAD District is intended and designed to: provide a means for development on a unit basis, ensuring orderly and thorough planning that will result in high quality urban design; encourage variety in architectural design through techniques, including, but not limited to, variations in building style, lot arrangements, and site planning; establish procedures that would reduce inequities occurring when strict application of zoning regulations pertaining primarily to small lots are applied to large lots; encourage innovative site planning, including, but not limited to, the preservation of natural character of the land and economy in construction and maintenance of streets and utilities; permit flexibility in design such that development would produce maximum choice in the type of environment, living units, commercial installations, and facilities available to the public; and produce an efficient, aesthetic, and desirable use of open space.
(B) Procedure.
(1) The owner or owners of any tract of land may submit to the Town Manager/Clerk, be accompanied by five copies of a development plan, which shall consist of a complete set of drawings and specifications for the proposed use and development of the entire tract of land. It shall be reviewed for conformity with the comprehensive plan, and with recognized principles of architectural design, land use planning, and landscape architecture. The Council may approve or disapprove the plan as submitted or may require that the applicant amend the plan as it deems necessary to effectuate the intent and purpose of this chapter.
(2) (a) If the Council approves the preliminary plan and request for rezoning, the applicant shall submit within one year, five copies of the final development plan for not less than one of the proposed development. The final development plan shall then be reviewed for compliance with the PAD standards and substantial compliance with the preliminary plan. The Council shall review the final development plan for its compliance with the standards of this chapter and its substantial compliance with the preliminary development plan.
(b) The final development plan and final plat shall be approved by the Council and the final plat duly recorded before any building permit is issued.
(3) (a) The Council may make the approval of the development plan contingent upon the completion of construction and improvements within a reasonable period of time. Failure to complete all improvements within said period of time shall be deemed sufficient cause for the Council to rescind the rezoning unless, an extension is requested by the developer or owner and approved by the Council.
(b) Any proposed change in the development plan after approval by the Council shall be considered in the same manner as the original proposal.
(C) Plan requirements.
(1) The preliminary development plan shall contain at a minimum the following information:
(a) Relationship of the property to the surrounding areas that will be affected by the proposed PAD;
(b) Proposed pattern of land uses including areas to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and other similar public and semi-public uses; and
(c) Schematic site plan for each building site and common open areas, showing the approximate location of all structures, buildings, and improvements, except for single-family detached units which shall be indicated by lot location.
(2) The final development plan shall contain, where applicable, the following information:
(a) All information contained in the preliminary development plan as refined and revised;
(b) A map of the entire PAD showing topographic data sufficient to indicate the character of the terrain, other natural features and existing development to be retained;
(c) Plans and elevations of all building types;
(d) Schematic grading plans including proposed treatment of slopes and drainage plans;
(e) The number of dwelling units by dwelling type;
(f) Projection of school enrollment generated by PAD;
(g) Street and lot patterns and building siting envelopes showing setbacks;
(h) Projection of traffic volumes within PAD and volumes generated by the PAD that will be added to streets in the vicinity;
(i) Evidence of consultation with affected public agencies, including, but not limited to, school districts, flood control districts, the state’s Division of Highways, and coordination with plans of other appropriate agencies;
(j) Any applicable standards of design and construction procedures for plan submission that may be related to the subdivision ordinance of the town;
(k) Proposed ownership, method of financing improvements, and maintenance of open space; if the proposed development includes common land which will not be dedicated by the town, the proposed by-laws of a homeowner’s association fully defining the functions, responsibilities, and operating procedures of the association shall be included; proposed by-laws shall include, but not be limited to, provisions:
1. Requiring membership in the association by all owners of dwelling units within the development;
3. Granting to each owner of a dwelling unit within the development the right to the use and enjoyment of the common property in the association;
4. Placing the responsibility for operation and maintenance of the common property in the association;
5. Giving every owner of a dwelling unit voting rights in the association; and
6. If the development will combine rental and for sale dwelling units, stating the relationship between the renters and the homeowner’s association and the rights renters shall have to the use of the common land.
(1) Performance bond or bonds which shall insure to the town that the dedicated public streets, utilities, and other common development facilities shall be completed by the developer within the time specified in the final development plan;
(m) Covenant to run with the land, in favor of the town and all persons having a proprietary interest in any portion of the development premises, that the owner of the land or successors in interest will maintain all interior streets, parking areas, sidewalks, common land, parks and plantings which have not been dedicated to the town in compliance with the town ordinances; and
(n) Additional information required by the town.
(D) Standards. The land usage, minimum lot area, yard, height, and accessory uses shall be determined by the requirements set forth below, which shall prevail over conflicting requirements of this chapter or the Chapter 152.
(1) Unless otherwise waived by the Council, and as limited in this chapter, the minimum lot, height, and yard requirements of the zoning district in which the development is located shall apply. Waivers shall not be granted on required yards located on development boundaries.
(2) The Council may require that open space or screening be located along all or a portion of the development boundaries.
(3) All public streets, water mains, and sanitary sewer and storm sewer facilities shall comply with appropriate ordinances and specifications of the town.
(4) Any land gained within the development because of the reduction in lot sizes below minimum zoning ordinance requirements shall be placed in common land and landscaped as provided in the final development plan. COMMON LAND, as used in this section, refers to land retained in private ownership for the use of the residents of the development or to land dedicated to the general public.
(5) Developments or portions thereof which are being developed for sale or resale shall contain common land in area totaling not less than 25% of the net development area.
(Zoning Code, Art. II Part II)