Maricopa City Zoning Code

Division 1

Introductory Provisions

18.05.010 Title and authority.

This title shall be known and cited as the “city of Maricopa zoning code,” “zoning code of the city of Maricopa,” “zoning code,” “this code” or “this title.” Whenever reference is made to any portion of the code set out in this title, or of any other law or code, the reference applies to all amendments and additions hereafter made to this title. [Ord. 14-12 § 1; Ord. 14-12 § 1; Res. 14-36 § 101.01.]

18.05.020 Purpose.

The purpose of this title is to implement the city’s general plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, this code is intended to:

A. Provide a precise guide for the physical development of the city in a manner as to progressively achieve the arrangement of land uses depicted in the general plan, consistent with the goals and policies of the general plan.

B. Foster a harmonious, convenient, and workable relationship among land uses and ensure compatible infill development, consistent with the general plan.

C. Support economic development and job creation.

D. Provide for the housing needs of all economic segments of the community.

E. Promote high-quality architecture and design, consistent with the general plan.

F. Promote the stability of existing land uses that conform with the general plan, protecting them from inharmonious influences and harmful intrusions.

G. Promote a safe and efficient traffic circulation system, foster the provision of adequate off-street parking and off-street loading facilities, bicycle facilities and pedestrian amenities, and support a multi-modal transportation system.

H. Facilitate the appropriate location of community facilities, institutions, parks, and recreational areas.

I. Protect and enhance real property values.

J. Promote environmental quality and sustainable development patterns.

K. Safeguard and enhance the appearance of the city.

L. Define duties and powers of administrative bodies and officers responsible for implementation of this code. [Ord. 14-12 § 1; Ord. 14-12 § 1; Ord. 14-12 § 1; Res. 14-36 § 101.02.]

18.05.030 Structure of zoning regulations.

A. Organization of Regulations. This code consists of six divisions, organized as follows:

1. Division 1: Introductory Provisions

2. Division 2: Base Zoning Districts

3. Division 3: Overlay Districts

4. Division 4: Regulations Applying in Multiple Districts

5. Division 5: Administration and Permits

6. Division 6: General Terms

B. Types of Regulations. Four types of zoning regulations control the use and development of property in the city:

1. Land Use Regulations. These regulations specify land uses permitted, conditionally permitted, or specifically prohibited in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zones are in Division 2 of this code and in Division 3 for overlay zone regulations. Certain regulations, applicable in some or all of the districts, and performance standards which govern special uses, are in Division 4 of this code.

2. Development Regulations. These regulations control the height, bulk, density, intensity, location and appearance of structures on development sites. Development regulations for base zones are in Division 2 of this code. The regulations for overlay zones are in Division 3 of this code. Certain development regulations, applicable to multiple zones, are in Division 4 of this code. These include, but are not limited to, regulations for specific uses, development and site regulations, landscaping requirements, performance standards, parking, signs, telecommunications facilities, and nonconforming uses.

3. Administrative Regulations. These regulations contain detailed procedures for the administration of this code, and include responsibilities of the planning agency, common procedures, processes and standards for discretionary entitlement applications, and other permits. Administrative regulations are in Division 5 of this code.

4. General Terms and Use Classifications. Division 6 provides a list of use classifications and a list of terms and definitions used in this code. [Ord. 14-12 § 1; Res. 14-36 § 101.03.]

18.05.040 General rules for applicability of zoning regulations.

A. Applicability to Property. This code shall apply, to the extent permitted by law, to all property within the city of Maricopa, including all uses, structures and land owned by any private person, firm, corporation or organization, or local, state or federal agencies. Any governmental agency shall be exempt from the provisions of this code only to the extent that such property may not be lawfully regulated by the city of Maricopa.

B. Applicability to Streets and Rights-of-Way. Streets, easements, and rights-of-way shall be in the same zoning district as contiguous property. Where contiguous properties are in different zoning districts, the centerline of the street shall be the district boundary unless otherwise depicted on the official zoning map.

C. Compliance with Guidelines. All projects subject to the provisions of this code shall also comply with any guidelines and policies adopted by the city council and planning commission, including but not limited to the Heritage District Design Guidelines and Single-Family Residential Design Guidelines, and any amendments and updates thereto.

D. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved, in any zoning district, except in accordance with the provisions of this code.

E. Provisions Interpreted as Minimum Requirements. In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.

F. Substandard Lot. An existing, legally created lot as of the effective date of the zoning code having a width or area less than that required for the base district in which it is located may be occupied by a permitted use or use requiring approval of a use permit. However, no substandard lot may be further reduced in area or width and no substandard lot will be exempt from the setback requirements of the district. A substandard lot shall be considered a nonconforming lot in accordance with Chapter 18.100 MCC, Nonconforming Uses and Structures.

G. Lots or Parcels Divided by District Boundaries. The regulations applicable to each district shall be applied to the entire area within that district, and no use other than parking, landscaping, open space, and drainage serving a principal use on the lot or parcel may be located in a district in which it is not a permitted use or use approved by a use permit.

H. Public Nuisance. Neither the provisions of the zoning code nor the approval of any permit authorized by the zoning code shall authorize the maintenance of any public nuisance.

I. Relation to Other Regulations. The regulations of this code and requirements or conditions imposed pursuant to this code shall not supersede any other regulations or requirements adopted or imposed by the state of Arizona, or any federal agency that has jurisdiction by law over uses and development authorized by this code. All uses and development authorized by this code shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this code and any other city code, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified.

J. Relation to Private Agreements. This code shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect; provided, that where this code imposes greater restriction than imposed by an easement, covenant, or agreement, this code shall control. This code shall not impose any additional restrictions or supersede any provisions of existing or future development agreements authorized by the city council and executed by recording the development agreement with the county recorder’s office, pursuant to A.R.S. § 9-500.05.

K. Relation to Prior Zoning. Zoning district designations and associated Planned Area development (PAD) overlay districts established prior to the adoption of this code and delineated on the official zoning map remain in place unless specifically rezoned under the provisions of this code established in Division 5 of this code.

L. Application during Local Emergency. The mayor may authorize a deviation from a provision of this code during a local emergency declared and ratified under the Maricopa City Code. The council may authorize a deviation by resolution without notice or public hearing. [Ord. 14-12 § 1; Res. 14-36 § 101.04.]

18.05.050 Consistency with the general plan and Resolution 12-63 cultural resources.

Any permit, license, or approval issued pursuant to this code must be consistent with the city of Maricopa General Plan. In any case where there is a conflict between this code and the general plan, the general plan shall prevail. Additionally, Resolution 12-63 was adopted by city council to create additional provisions for protecting the cultural resources of the Ak-Chin Tribal Community. The city requires all applicants for a subdivision to conduct a Phase I archeological survey on land within two and one-half miles of the Ak-Chin border or within the undeveloped floodplain within the city. The city also requires applicants for a subdivision to provide documentation that a site records check for potential cultural resources has been conducted in conjunction with the State Historic Preservation Office. The city stipulates all applicants for a subdivision shall provide cultural resource reports to the city as part of the permit process as to their compliance with the Arizona State Burial Discovery Laws, A.R.S. § 41-865 and/or 41-844. The city also requires any applicants proposing projects crossing Ak-Chin lands on easements administered by the city to notify the Ak-Chin Cultural Resources Department and the Ak-Chin Planning Department and comply with applicable community ordinances and resolutions for the portion of the project that crosses Ak-Chin Community land. [Ord. 14-12 § 1; Res. 14-36 § 101.05.]

18.05.060 Rules of transition – Effect of this code on approved projects and projects in process.

Administration of this title is not intended to modify or in any way replace the preexisting zoning district regulations or Planned Area development (PAD) overlay districts and subsequent approvals that were granted prior to the adoption of this zoning code. In the event of a conflict between the provisions of this title and the preexisting code and approvals, the applicant may request a formal interpretation and may appeal the decision to the hearing officer subject to MCC 18.140.160. The following rules shall apply to all properties in the city on the effective date of the zoning code:

A. Violations Continue. Any violation of the zoning code previously in effect will continue to be a violation under the zoning code and shall be subject to penalties and enforcement under Chapter 18.190 MCC, Enforcement, unless the use, development, construction, or other activity complies with the provisions of this zoning code.

1. Building Permit Issued Prior to Effective Date of the Zoning Code. Any building, structure, or sign for which a lawful building permit is issued prior to the effective date of the zoning code may be completed in conformance with the permit and other applicable permits and conditions, even if such building, structure, or sign does not fully comply with the zoning code. If construction is not commenced in compliance with the applicable terms, the building official may grant an extension pursuant to the provisions of the building code adopted by the city. If the building, structure, or sign is not completed in conformance with the building permit and any extension thereof, then the building, structure, or sign shall be constructed, completed, or occupied only in compliance with this zoning code.

2. Building Permit Application Filed Prior to Effective Date of the Zoning Code. Any building, structure, or sign for which a completed building permit application is filed prior to the effective date of this zoning code may be issued a building permit if found to be in compliance with the zoning code existing at the time of application and may be constructed in compliance with the building permit and other applicable approvals, permits, and conditions, even if such building, structure, or sign does not fully comply with the zoning code. If construction is not commenced in compliance with the applicable permit terms, the building official may grant an extension pursuant to the provisions of the city’s building code. If the building, structure, or sign is not completed pursuant to the building permit and any extension thereof, then the building, structure, or sign shall be constructed, completed or occupied only in compliance with the zoning code.

3. Site Plan Review Approved Prior to Effective Date of the Zoning Code. A project that received site plan review (a development review permit under this zoning code) approval prior to the effective date of this zoning code may file an application for a building permit in compliance with the site plan review and conditions of approval, even if the project does not comply with the provisions of this zoning code. Upon approval of the construction plans, a building permit may be issued. The site plan review approval for projects approved prior to the effective date of the zoning code shall be valid for two years from the effective date of this code, unless otherwise specified in the existing conditions of approval. A time extension may be permitted upon submission of a completed application, fee, and other documentation requested at the zoning administrator’s discretion. All requests for extensions shall be reviewed for compliance to the existing development standards of the zoning district, the existing PAD overlay if applicable, and this zoning code where the preexisting zoning code and PAD overlay are silent to land use regulations and development standards. Where a conflict occurs between the preexisting zoning regulations applying to the property and this code, the regulations of this code shall prevail. All requests for extensions shall be processed in the same manner as the original approval. Requests may be denied, approved, or approved with new or modified conditions by the original approving authority. Site plan approvals that expire shall require submittal of a new development review application and shall comply with the provisions in subsection (D)(3) of this section.

4. Preliminary Subdivision Plat Approved Prior to Effective Date of the Zoning Code. A project that has a preliminary plat approved prior to the effective date of this zoning code may file an application for a final subdivision plat and improvement plan approval in compliance with the provisions of the zoning district in which the site is located, the standards and conditions of approval of the PAD overlay if applicable, and MCC Title 17, Subdivisions. If a final plat application is not filed prior to the date of preliminary plat expiration, the preliminary plat shall expire unless a time extension is requested. A time extension may be permitted upon submission of a completed application, fee, and other documentation requested at the zoning administrator’s discretion. All requests for extensions shall be reviewed for compliance to MCC Title 17, Subdivisions, the existing development standards of the zoning district, the existing PAD overlay if applicable, and this zoning code where the preexisting zoning code and PAD overlay are silent to land use regulations and development standards. Where a conflict occurs between the preexisting zoning regulations applying to the property and this code, the regulations of this code shall prevail. All requests for extensions shall be processed in the same manner as the original approval. Requests may be denied, approved, or approved with new or modified conditions by the original approving authority. Subsequent preliminary plat applications not located in a preexisting PAD overlay shall comply with this zoning code. Subsequent preliminary plat applications located in a preexisting PAD overlay shall comply with the provisions in subsection (D)(4) of this section.

5. Use Permit Approved Prior to Effective Date of this Zoning Code. A project that received a use permit prior to the effective date of this zoning code may file an application for a building permit, even if the project does not fully comply with the provision of this zoning code. If a building permit application is not filed within two years of the date of use permit approval, the use permit shall expire. In the event a building permit was previously issued, however not all development has been completed and no valid building permit exists upon the effective date of this code, the undeveloped portions of the use permit shall expire. No time extensions shall be permitted. New use permit requests and expired use permits shall comply with the provisions of this zoning code, unless the property is located in a zoning district and PAD overlay in existence prior to the effective date of this zoning code. All such requests shall be reviewed for compliance to the development standards of the existing zoning district, the existing PAD overlay if applicable, and this zoning code where the preexisting zoning code and PAD overlay are silent to land use regulations and development standards. Where a conflict occurs between the preexisting zoning regulations applying to the property and this code, the regulations of this code shall prevail. Properties covered by a recorded development agreement shall not require compliance with provisions of this zoning code, if the provisions are superseded by the development agreement.

1. Applications for Site Plan Review and Use Permits Submitted Prior to and Approved After the Effective Date of this Zoning Code. Complete applications filed prior to the effective date of this zoning code may be approved under the provisions of this code upon request of the applicant. Applicants may elect to develop under the provisions of the prior zoning code, but in that case shall comply with all provisions of the prior zoning code and PAD overlay if applicable. If a building permit application is not filed within one year of the date of approval of the site plan review or use permit the approval shall expire unless otherwise specified in the conditions of approval.

a. If a building permit application is not filed within one year of the date of approval, the approval shall expire unless otherwise specified in the conditions of approval. A time extension may be permitted upon submission of a completed application fee, and other documentation requested at the zoning administrator’s discretion.

b. All requests for extensions shall be reviewed for compliance to the existing development standards of the zoning district, the existing PAD overlay if applicable, and this zoning code where the preexisting zoning code and PAD overlay are silent to land use regulations and development standards. Where a conflict occurs between the preexisting zoning regulations applying to the property and this code, the regulations of this code shall prevail. Extension requests may be denied, approved, or approved with new or modified conditions by the original approving authority.

2. Applications for Preliminary Plats Submitted Prior to and Approved After the Effective Date of this Zoning Code. Complete applications filed prior to the effective date of this zoning code may be approved under the provisions of this code. Applicants may elect to develop under the provisions of the prior zoning code, but in that case shall comply with all provisions of the prior zoning code and PAD overlay if applicable. If the final subdivision plat and associated improvement plans are not filed within two years of the date of the preliminary plat approval, the approval shall expire.

a. If a final plat application is not filed prior to the date of preliminary plat expiration, the preliminary plat shall expire, unless a time extension is requested and approved. A time extension may be permitted upon submission of a completed application fee, and other documentation requested at the zoning administrator’s discretion.

3. Applications for Use Permits Submitted Prior to and Approved After the Effective Date of this Zoning Code. Complete applications filed prior to the effective date of this zoning code may be approved under the provisions of this code. Applicants may elect to operate a use under the provisions of the prior zoning code, but in that case shall comply with all provisions of the prior zoning code and PAD overlay if applicable. If building permits and improvements specified under conditions of approval are not filed within the time specified in the approval, the approval shall expire. New use permit requests and expired use permits shall comply with the provisions of this zoning code, unless the property is located in a zoning district and PAD overlay in existence prior to the effective date of this zoning code. All such requests shall be reviewed for compliance to the development standards of the existing zoning district, the existing PAD overlay if applicable, and this zoning code where the preexisting zoning code and PAD overlay are silent to land use regulations and development standards. Where a conflict occurs between the preexisting zoning regulations applying to the property and this code, the regulations of this code shall prevail. Properties covered by a recorded development agreement shall not require compliance with provisions of this zoning code, if the provisions are superseded by the development agreement.

4. Applications for Rezoning and PAD Overlay Amendments Filed Prior to and Approved After the Effective Date of this Zoning Code. Rezoning and/or PAD overlay amendment applications filed prior to the effective date of this zoning code shall be governed by the provisions, standards and conditions of approval of the preexisting zoning district and PAD overlay and shall follow the applicable procedures identified in Division 5, Administration and Permits, unless the applicant elects to comply with the applicable procedures of the prior zoning code. In either case, the balance of the property within a preexisting PAD overlay shall retain its preexisting zoning district and the conceptual land use plan, provisions, standards and conditions of approval of the PAD overlay unless otherwise requested by the applicant. In the event an applicant requests compliance to any provisions of this zoning code, all provisions of this zoning code shall apply to the amendment request. Properties covered by a recorded development agreement shall not require compliance with provisions of this zoning code, if the provisions are superseded by the development agreement.

a. In the case of an application for rezoning, if the applicant elects to comply with this zoning code, the parcel shall be rezoned to one or more zoning districts established in this code. Should the applicant elect to comply with the prior zoning code, the parcel shall be rezoned to one or more of the zoning districts of the prior zoning code.

b. In the case of an application for an amendment to a preexisting PAD overlay, if an applicant elects to comply with this code, the amendment procedure shall follow the applicable provisions of this code. Should the applicant elect to comply with the prior zoning code, the amendment process shall follow the provisions identified in the prior zoning code.

D. Development of Projects in a Zoning District and Planned Area Development Overlay Approved Prior to the Effective Date of this Zoning Code. The zoning district designations and the Planned Area Development (PAD) Overlay zoning district existing prior to the adoption of this zoning code are retained. Subsequent planning applications within the boundary of a preexisting PAD overlay shall comply with the approved conceptual land use plan, standards, conditions of approval and, in the case of residential zoned property, the approved Residential Design Guidelines and MCC Title 17, Subdivisions. The development standards and requirements of this zoning code shall apply only if not specifically modified by the PAD overlay or specifically regulated by the prior zoning code. Properties covered by a recorded development agreement shall not require compliance with provisions of this zoning code, if the provisions are superseded by the development agreement.

1. Rezone Applications Filed After the Effective Date of this Zoning Code. If a parcel is rezoned after the effective date of this zoning code, the parcel shall be rezoned to one or more of the zoning districts of this code. If the parcel is part of a preexisting PAD overlay, the balance of the property within the PAD overlay shall retain its preexisting zoning district and the conceptual land use plan, provisions, standards and conditions of approval of the PAD overlay. City council may rescind or amend prior approved zoning or PADs per A.R.S. § 9-462.01.E. If the preexisting zoning and PAD overlay have been rescinded by city council, all planning applications shall comply with this zoning code.

2. Amendments to Preexisting PAD Overlays After the Effective Date of this Zoning Code. Amendments to preexisting PAD overlays shall comply with the provisions of this zoning code

3. Development Review Permit Applications Filed After the Effective Date of this Zoning Code. Site plan approvals that have expired, requiring submittal of a new development review permit application shall comply with the existing development standards of the zoning district, the existing PAD overlay if applicable, and this zoning code where the preexisting zoning code and PAD overlay are silent to land use regulations and development standards. Where a conflict occurs between the preexisting zoning regulations applying to the property and this zoning code, the regulations of this zoning code shall prevail.

4. Preliminary Subdivision Plat Applications Filed After the Effective Date of this Zoning Code. Preliminary subdivision plat approvals that have expired, requiring submittal of a new preliminary plat application, shall comply with the existing development standards of the zoning district, the existing PAD overlay if applicable, and this zoning code where the preexisting zoning code and PAD overlay are silent to land use regulations and development standards. Where a conflict occurs between the preexisting zoning regulations applying to the property and this zoning code, the regulations of this zoning code shall prevail.

E. Planning Applications Filed After the Effective Date of the Zoning Code and Not Covered by Preexisting Zoning and PAD Overlay or development agreement. All new applications for rezoning, development review permits, use permits, Planned Area Development (PAD) zoning district or PAD plan approval, and preliminary subdivision plats filed after the effective date of this zoning code, including modifications and amendments to those new applications, shall conform to the provisions of this zoning code. [Ord. 23-35 § 2; Ord. 14-12 § 1; Res. 14-36 § 101.06.]

18.10.010 Districts established.

The city shall be classified into zoning districts or zones, the designation and regulation of which are set forth in this code and as follows.

A. Base Zoning Districts. Base districts into which the city is divided are established as follows:

Map Symbol	Full Name	Corresponding General Plan Land Use Designation
Rural Districts
RA	Rural Agricultural	Agriculture
GR	General Rural	Rural
Residential Districts
RS-1	Single Unit, Low Density	Low Density Residential
RS-2	Single Unit, Medium/Low Density	Medium/Low Density Residential
RS-3	Single Unit, Medium Density	Medium Density Residential
RS-4	Single Unit, Medium Density	Medium Density Residential
RS-5	Single Unit, Medium Density	Medium Density Residential
RM	Multiple Unit	High Density Residential
RH	High Density	High Density Residential
RMHP	Residential Manufactured Home Park	High Density Residential
Commercial Districts
NC	Neighborhood Commercial	Commercial
GC	General Commercial	Commercial
SC	Shopping Center	Commercial
GO	Office	Commercial
Mixed Use Districts
MU-N	Neighborhood Mixed Use	Mixed Use
MU-G	General Mixed Use	Mixed Use
Industrial Districts
LI	Light Industrial	Light Industrial
GI	General Industrial	Employment/Industrial
IP	Industrial Park	Research/Development
Open Space, Public and Institutional Districts
PI	Public-Institutional	Public/Institutional
OS (with subdistricts)(1)	Open Space	Parks/Open Space
Districts
PAD	Planned Area Development	Master Planned Community

1PR Parks and Recreation; POS Privately Owned Open Space; C Conservation Open Space

B. Overlay Districts. Overlay districts, one or more of which may be combined with a base district, are established as follows:

Short Name/Map Symbol	Full Name
TC	Transportation Corridor
TOD	Transit-Oriented Development
MU-H	Heritage Mixed Use

C. References to Classes of Base Zoning Districts. Throughout the code, the following references apply:

1. “Rural” or “Rural Zone” means one or more of the following zoning districts: RA, Rural Agricultural; or GR, General Rural.

2. “RS Zone,” “Residential Zoning,” “RS District,” or “Residential District” means one or more of the following zoning districts: RS, Single Unit, Low Density; RS, Single Unit, Medium Density; RM, Residential, Multiple Unit, Medium Density; RH, High Density; and RMHP, Residential Manufactured Home Park.

3. “C Zone,” “Commercial Zone,” “C District,” or “Commercial District” means one or more of the following zoning districts: NC, Neighborhood Commercial; GC, General Commercial; SC, Shopping Center; and GO, Office.

4. “MU Zone,” “Mixed Use Zone,” or “Mixed Use District” means one or more of the following zoning districts: MU-N, Neighborhood Mixed Use; and MU-G, General Mixed Use.

5. “I Zone,” “Industrial Zone,” “I District,” or “Industrial District” means one or more of the following zoning districts: LI, Light Industrial; GI, General Industrial; or IP, Industrial Park. [Ord. 14-12 § 1; Res. 14-36 § 102.01.]

18.10.020 Official zoning map and district boundaries.

The boundaries of the zoning districts established by this code are not included in this code but are shown on the official zoning map maintained by the city. The official zoning map, together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the maps, have been adopted by the city council and are hereby incorporated into this code by reference, together with any amendments previously or hereafter adopted, as though they were fully included here.

A. Uncertainty of Boundaries. In the event uncertainty exists as to the boundaries of any district shown on the official zoning map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerlines.

2. Boundaries indicated as approximately following lot lines, or city limits shall be construed as following such lines, limits, or boundaries.

3. In the case where a zoning district boundary divides a lot and no dimensions are indicated, the following shall apply:

a. Lots Greater than One Acre. The location of such boundary shall be determined by the use of the scale appearing on the official zoning map.

b. Lots Less than One Acre. The lot shall be deemed to be included within the zone which is the more restrictive.

4. In the case of any remaining uncertainty, the zoning administrator shall determine the location of boundaries.

5. Where any public street or alley is officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

6. Where any private right-of-way or easement of any railroad, railway, transportation, or public or private utility company is vacated or abandoned and said property is unclassified, said property shall be automatically classified as being in the same district of the land abutting it. Where the right-of-way abuts a different district on each side, each district shall be extended to the centerline of the right-of-way. [Ord. 14-12 § 1; Res. 14-36 § 102.02.]

18.15.010 Purpose.

The purpose of this chapter is to provide precision in the interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this chapter apply throughout the code, except where the context indicates a different meaning. Rules for measurement of height, floor area, sign area, setbacks, and other development standards also are established. Finally, this chapter prescribes rules and procedures for interpretation of regulations, where there may be uncertainty in deciding on a particular application of a provision of the code. [Ord. 14-12 § 1; Res. 14-36 § 103.01.]

18.15.020 Rules for construction of language.

In interpreting the various provisions of the code, the following rules of construction shall apply:

A. The particular controls the general.

B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

1. “And” indicates that all connected words or provisions shall apply.

2. “And/or” indicates that the connected words or provisions may apply singly or in any combination.

3. “Or” indicates that the connected words or provisions may apply singly or in any combination.

4. “Either . . . or” indicates that the connected words or provisions shall apply singly, but not in combination.

C. In case of conflict between the text and a diagram or graphic, the text controls.

D. All references to departments, committees, commissions, boards, or other public agencies are to those of the city of Maricopa, unless otherwise indicated.

E. All references to public officials are to those of the city of Maricopa, and include designated deputies of such officials, unless otherwise indicated.

F. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the city offices are closed, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period.

G. The words “shall,” “will,” “must” and “is to” are always mandatory and not discretionary. The words “should” or “may” are permissive.

H. The present tense includes the past and future tenses, and the future tense includes the past.

I. The singular number includes the plural, and the plural, the singular.

J. Sections and section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section or subsection. [Ord. 14-12 § 1; Res. 14-36 § 103.02.]

18.15.030 Rules for measurement.

The purpose of this section is to explain how various measurements referred to in this code are to be calculated.

A. Applicant’s Responsibility. For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the zoning administrator.

B. Fractions. Whenever this code requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, fractions of one-half or greater shall be rounded up to the nearest whole number and fractions of less than one-half shall be rounded down to the nearest whole number, unless an alternate rule for rounding is specified by the same section of this code that describes the requirement.

1. Measurements Are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.

2. Distances Are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.

3. Measurements Involving a Structure. Measurements involving a structure are made to the closest exterior support wall of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances, unless otherwise specified in this code (gas tanks, swimming pools, etc.).

4. Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.

D. Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line at the closest point of the two lot lines. Where a specific use within this code provides a conflicting rule of measurement, the specific use regulation shall control.

1. Measuring Building Height. Building height is the vertical distance measured from the natural grade to the highest point of the structure directly above the natural grade when such structure is not located on a platted subdivision. If the structure is located in a platted subdivision, height shall be the vertical distance measured from the finished grade as shown on the subdivision grading plans or finished grade as shown on the individual lot’s grading plan (whichever is lower) to the highest point of the structure directly above the finished grade.

2. Measuring Height of Other Structures. The height of other structures, such as fences, is the vertical distance from the finished grade immediately under the structure to the top of the structure. Special measurement provisions are also provided below.

a. Measuring the Height of Fences on Retaining Walls. The height of a solid freestanding fence that is on top of a retaining wall is measured from the ground level on the lowest side of the combined fence and wall. If the freestanding portion of the wall is set back from the retaining wall a distance equal to or greater than the height of the freestanding portion of the wall, the retaining and freestanding wall heights shall be calculated separately as individual walls. The setback area shall be landscaped in a manner to soften the combined wall mass. View fence is exempt from this requirement.

b. Measuring the Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck.

3. Measuring Height of Antennas. The height of building-mounted antennas shall include the height of that portion of the building on which the antenna is mounted. In determining the height of portable “crank-up” or similar towers whose height is adjustable, the height of the tower shall be the maximum height to which it is capable of being raised.

a. For rectangular lots, lots having side lot lines not parallel, and lots on the outside of a curve of a street, the distance between the side lot lines is measured at the required minimum front yard setback line on a line parallel to the street or street chord.

b. For lots on the inside of the curve of a street, the distance between side lot lines is measured 30 feet behind the required minimum front yard setback line on a line parallel to the street or street chord.

2. Lot Depth. The horizontal length of a straight line connecting the midpoints of the front and rear lot lines; and for triangular shaped lots, the shortest horizontal distance between the front lot line and a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than 10 feet.

Figure 18.15.030.F. Measuring Width and Depth

G. Determining Floor Area. Floor area is the horizontal area (expressed in square feet) of all floors included within a building or buildings, according to the following rules:

1. Included in Floor Area. Floor area includes:

a. The floor of atrium and lobby areas;

b. Storage and equipment spaces that are roofed and enclosed on all sides;

c. Enclosed and roofed halls, stairways, and elevator shafts;

d. Enclosed and roofed porches and balconies;

e. Portions of basements and attics that meet the city’s building code height requirements for habitable space; and

f. The actual floor space of mezzanines, interior balconies, lofts, closets, and all habitable rooms.

2. Excluded from Floor Area. Floor area does not include:

a. Garages, parking shade structures or other areas used for parking and loading, or vehicular access to parking and loading spaces;

b. Unenclosed exterior balconies, decks, porches, and stairs; and

c. Substandard height portions of attics and basements not used as habitable space as defined by the building code.

H. Determining Floor Area Ratio. The floor area ratio (FAR) is the ratio of the floor area of all principal and accessory buildings on a lot to the lot area. To calculate FAR, floor area is divided by lot area, and typically expressed as a decimal. For example, if the floor area of all buildings on a lot totals 20,000 square feet, and the lot area is 10,000 square feet, the FAR is expressed as 2.0.

Figure 18.15.030.H. Determining Floor Area Ratio

I. Determining Lot Coverage. Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed in order to calculate lot coverage. The following structures are excluded from the calculation:

1. Unenclosed and unroofed decks, uncovered patio slab, porches, landings, and stairways less than 30 inches above grade;

2. Eaves and roof overhangs projecting up to two-and-one-half feet from a wall;

3. Trellises and similar vertical structures that do not have any type of roof or coverable feature;

4. Swimming pools and hot tubs that are not enclosed in roofed structures or decks; and

5. One nonhabitable accessory structure under 120 square feet and under seven feet high. Structures greater than quantity of one shall be included in lot coverage.

Figure 18.15.030.I. Determining Lot Coverage

1. Corner Lot. The front of a lot is the narrower dimension of the lot lines adjoining a street right-of-way. See also “Lot Line, Front” in Division 6, General Terms.

2. Through Lot (Double Frontage Lot). When a nonaccess easement does not exist, the front yard borders the street primarily used as frontage by neighboring lots.

K. Determining Setbacks for Yards. A setback line defining a required yard is parallel to and at the specified distance from the corresponding front, side, or rear lot line. The following special regulations for determining yards apply when a lot abuts a proposed street or alley:

1. Yards Abutting Planned Street Expansions. If a lot abuts an existing or proposed street for which the existing right-of-way is narrower than the right-of-way ultimately required for the street, the required setback shall be established from the future right-of-way rather than the lot line.

Figure 18.15.030.K. Determining Setbacks

a. If a side lot line abuts an alley, the yard shall be considered an interior side yard rather than a corner side yard.

b. In computing the minimum yard for any lot where such yard abuts an alley, no part of the width of the alley may be considered as part of the required yard.

L. Measuring Signs. The height of signs is measured in the same method as the height of other structures, refer to subsection (E)(2) of this section. Calculation of sign area is described in Chapter 18.115 MCC, Signs. [Ord. 14-12 § 1; Res. 14-36 § 103.03.]

18.15.040 Rules of interpretation.

The zoning administrator shall make the interpretation for any provision or measurement not expressly identified in this chapter and provide clarification and determination of these rules and their application to a specific site. A record of the zoning administrator’s interpretations shall be maintained and made publicly accessible on the city’s website, keyed and cross-referenced to the provisions of the code. [Ord. 14-12 § 1; Res. 14-36 § 103.04.]