Regulations Applying in Multiple Districts
The purpose of this chapter is to prescribe development and site regulations that apply, except where otherwise specifically stated, to development in all zoning districts. These standards shall be used in conjunction with the standards for each zoning district located in Division 2, Base Zoning Districts, and Division 3, Overlay Districts. In any case of conflict, the standards specific to a zoning district shall override these regulations. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.01; Ord. 14-12 § 1.]
A. Applicability.
1. The provisions of this section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, arbors, gazebos, pergolas, and covered patios, that are detached from and accessory to the main building on the site. These provisions also apply to open, unroofed structures, such as decks and trellises, that are over six feet in height and that are detached from and accessory to the main building on the site.
2. When an accessory building or structure is attached to the main building, it shall be made structurally a part of and have a common wall or roof with the main building and shall comply in all respects with the requirements of this code applicable to the main building and all other applicable codes. Allowed building projections into setbacks are stated in MCC 18.80.040, Building projections into yards.
3. Where guest quarters are located over a detached garage, the entire structure shall be considered a main building, subject to the zoning district standards for main buildings. No portion of this building shall be closer to any lot line than is permitted for any other main building, except on an alley where the detached garage may be within the setback.
B. Relation to Existing Structures. A detached accessory building may only be constructed on a lot on which there is a permitted main building to which the accessory building is related. An accessory building on an adjacent lot under the same ownership is not allowed; the two lots must be merged. However, an accessory building may be constructed prior to a permitted main building and used for not more than one year in connection with the construction of the main building; provided, that a permit is obtained for the entire project, including the accessory building, prior to the start of any construction.
C. Location. Accessory structures shall be located behind the front line of the primary structure, unless otherwise specified in this code.
1. Corner Lot. On a corner lot, no detached accessory building shall be located so as to project beyond the required front yard or the existing front line of the primary structure on any street frontage for lots less than one acre.
2. Through Lot. On a through lot having frontage on two more or less parallel streets, no detached accessory building shall be located within one-fourth of the lot area of either street-facing property line.

Figure 18.80.020.C.2. Through Lot
D. Detached Garage Exception. In rural districts, and on large lots in residential districts (12,000 square feet or more), garages may be allowed on the front half of a lot if permitted by the development standards for the applicable zoning district.
E. Development Standards. Detached accessory buildings or structures shall comply with the development standards provided in Table 18.80.020B and observe the regulations set forth in MCC 18.80.040, Building projections into yards. The following building standards work in conjunction with base standards. If conflicting with development standards outlined in Division 2 or Division 3 of this title, those standards override these regulations.
Table 18.80.020.B Development Standards – Detached Accessory Buildings
Specific Criteria | |||
Building Standards | 120 s/f or less | Exceeds 120 s/f | Guest Quarters |
Height (ft) | 15 | 15 | 15 (1) |
Setbacks, min. (ft) | 3 (2), (3) | 5 | Same as main building per zoning district’s development standards (4) |
Rear Yard Area | 30% maximum of rear setback area – See Figure 18.80.020.E.2 | ||
This regulation is not to supersede the overall lot coverage for all roofed buildings/structures on the lot (see base zone district, lot coverage) | |||
Separation from Main Building | Six feet measured from roof eave to roof eave | ||
(1) Guest quarters above garages: 25 feet maximum height allowed with pitched roof. | |||
(2) Structures shall observe five feet of setback that: (a) exceed 25 feet in length or width, or (b) measure in excess of one-third of the width of the rear property line. See Figure 18.80.040. | |||
(3) Location relative to adjacent lot: if laterally forward of the adjacent lot’s front half point, observe five feet of setback. | |||
(4) Except when above a garage facing an alley, this condition shall observe the criteria of structure square footage. | |||
F. Rear Yard Area. Detached accessory structures shall not occupy more than 30 percent of the required rear yard setback.

Figure 18.80.020.E.2. Rear Yard Area
G. Facilities.
1. A detached accessory structure that has not been approved as a guest quarter may contain bathroom facilities upon review and approval by the zoning administrator and the building official. The applicant shall obtain all necessary building permits for work to be performed. The applicant shall sign a statement, at the time of submittal for a building permit, which will prohibit the use of the accessory structure as a second dwelling unit. The signed statement shall be in the form of a restrictive covenant and shall be recorded.
2. A detached accessory structure shall not have plumbing for separate housekeeping facilities, such as a kitchen or laundry facilities, unless it has been approved as a guest quarter, meeting the standards in MCC 18.120.010.
H. Permits. Accessory structures greater than 120 square feet for residential structures and 200 square feet for commercial structures shall require zoning administrator approval.
I. Factory-Built Modular Buildings. Factory-built modular buildings designed, manufactured, and attached to permanent foundations are permitted in all districts; provided, that such buildings are installed in conformance with all applicable provisions of this code.
J. Modular storage containers, such as corrugated metal shipping containers, are permitted in all districts as accessory structures under the following conditions:
1. The containers are not visible from the right-of-way (meaning from the public road);
2. The containers do not disrupt the flow of traffic within the parking lot; and
3. The containers are modified so they do not look like containers (i.e., painted to match the building, siding installed, etc.). [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.02; Ord. 14-12 § 1.]
Animal keeping is subject to the following standards:
A. Aviaries and Apiaries.
1. Buildings or hives for apiaries may not be closer than 75 feet to any neighboring residence.
2. Pens and structures for aviaries may not be closer than 40 feet to any neighboring residence.
B. Poultry, Bird, and Egg Farms. Poultry, bird, and egg farms are subject to the following standards:
1. Pens, buildings, and enclosures other than open pasture may not be located closer than 200 feet to any residential, commercial, or industrial district.
C. Livestock. Commercial breeding, raising, training, and grazing of horses, cattle, sheep, goats, ostriches, swine and other livestock are subject to the following standards:
1. Sites must be at least 10 acres in area.
2. Pens, buildings, corrals, and similar structures may not be closer than 200 feet to any residential, commercial, or industrial district.
D. Urban Chickens. The raising of chickens shall be subject to the following requirements, except in rural districts in which they do not apply:
1. No more than six hens may be kept on an individual lot.
2. Roosters shall be prohibited.
3. Fowl shall be kept in an enclosure located in the rear or side yard of the property at least 10 feet from a neighboring property and restrict the size of the enclosure to a maximum of 200 square feet with a maximum height of eight feet.
4. The enclosure shall be maintained, and manure picked up and disposed of or composted, at least twice a week.
5. Enclosures located in a residential community on a lot less than one acre in size shall be shorter than the fence line of the property.
6. The composted manure shall be kept in a way that prevents the migration of insects.
7. A water source with adequate overflow drainage is required for enclosures.
8. Feed shall be stored in insect-proof and rodent-proof containers.
9. Fowl shall be prohibited from running at large.
10. These standards do not apply to an enclosure that was constructed on or before the effective date of the ordinance codified in this chapter.
11. For the purposes of this chapter, “fowl” means a hen of the domestic chicken.
E. Horses. The keeping of horses is allowed on lots that are at least one acre in size. Up to three horses are allowed on one acre; an additional horse is permitted for each 3,000 square feet of lot area above one acre.
F. Household Pets. In all zoning districts except rural districts, a maximum of four dogs is allowed. These limitations do not apply to small animals kept within a residence, including cats, fish, small birds, rodents, and reptiles. Dogs confined in kennels shall not be kept closer than 20 feet from the nearest residential structure on an adjacent lot.
G. Boarding and Training Kennels in the General Commercial Zoning District. Boarding shall be limited to household pets; the commercial breeding of animals shall be prohibited. Hours of operation for outdoor areas shall be limited to between the hours of 6:00 a.m. and 7:00 p.m. All indoor facilities shall be completely enclosed. All outdoor dog runs or exercise areas associated with a boarding facility shall not be located within a required landscape setback or within 100 feet of any residential use or district, whichever is more restrictive. Outdoor runs and exercise areas shall not be located within 25 feet of any building’s primary entrance on an abutting lot or suite and shall be enclosed by a minimum six-foot wall or fence. [Ord. 24-12 § 2; Ord. 24-01 § 2; Res. 21-09; Ord. 21-05 § 2; Ord. 18-06 § 2; Res. 14-36 § 401.03; Ord. 14-12 § 1.]
Building projections may extend into required yards, subject to the following standards:
A. No projection may extend closer than two feet to an interior lot line or into a public utility easement and may not encroach over a public utility easement, drainage easement, or other restrictive easement.
B. No air-conditioning unit, pool pump or similar mechanical equipment, or any building encroachment, other than roof overhangs or eaves, shall be permitted in any side yard required for vehicular access.
C. Awnings, eaves, overhangs, or basement window wells may encroach up to three feet into any required yard.
D. For single-family houses in residential districts, covered porches may project up to six feet into a required front or rear yard.
E. Vestibules, bay windows, nooks, chimneys, or similar wall projections with or without footings may encroach not more than three feet into any required front or rear yard and not more than two feet into any required side yard. The aggregate width may not exceed one-third the length of the building wall.
F. Staircases may be allowed up to three and one-half feet in height within any required front yard, and encroach up to 10 feet horizontally into any required rear yard.
G. Attached open porches, open patios, open carports, or open balconies may encroach into a required rear yard, but shall not be closer than 15 feet to a rear property line. Such open structures may include window screens, knee walls, and other partial enclosures as specified in the building code for patio covers.

Figure 18.80.040. Building Projections
[Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.04; Ord. 14-12 § 1.]
[Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.05; Ord. 14-12 § 1.]
A. Generally. The regulations applicable to each zoning district shall be applied to the area within that district, and no use shall be located in a zoning district in which it is not a permitted or conditionally permitted use, except in situations listed in subsection (B) of this section. When deemed appropriate, the applicant or city shall initiate a zone change to make the zoning district lines consistent with lot lines.
B. Exception. If more than 60 percent of the lot is in one zoning district, the hearing officer may grant exceptions to subsection (A) of this section, based on consideration of the proposed use of the lot and the existing uses on surrounding lots. Such an exception shall be considered through the administrative use permit process. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.06; Ord. 14-12 § 1.]
Any lot or parcel of land under one ownership and of record on the day of incorporation of the city may be used as a building site, even when of less area or width than that required by the regulations for the zoning district in which it is located. Such lot or parcel shall be subject to the setbacks and all other regulations applying to standard-size lots in the zoning district where the lot or parcel is located, unless a variance or waiver has been approved. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.07; Ord. 14-12 § 1.]
A. Allowed Projections Above Height Limits. The structures listed in Table 18.80.080 may exceed the maximum permitted building height for the zoning district in which they are located, subject to the limitations stated in the table; and further provided, that no portion of a structure in excess of the building height limit may be used for sleeping quarters or advertising.
Table 18.80.080 Allowed Projections Above Height Limits
Structures Allowed Above the Height Limit | Maximum Coverage, Locational Restrictions | Maximum Vertical Projection Above the Height Limit |
|---|---|---|
Skylights | No limitation | 1 foot |
Solar panels | No limitation | 3 feet |
Other energy production facilities located on rooftop such as wind turbines | No limitation | 5 feet |
Chimneys Decorative features such as domes, cupolas, pediments, obelisks, and monuments Rooftop open space features such as sundecks, sunshade and windscreen devices, open trellises, and landscaping, excluding detached residential structures | 20% of roof area for all structures | 20% of base height limit or 10 feet |
Elevator and stair towers (for multi-unit and nonresidential buildings only) | N/A | 12 feet |
Mechanical penthouses | 60% of roof area | 10 feet |
Flagpoles | Shall be set back at least to the height of the pole from all lot lines; only one per residential lot | 10 feet |
Fire escapes, catwalks, and open railings required by law | No restriction | No restriction |
Religious facility architectural elements such as spires, bell towers, and domes | 20% of roof area | No restriction |
Parapets excluding detached residential structures | N/A | 4 feet |
Distribution and transmission towers, lines, and poles Water tanks Windmills Airway beacons | 20% of the area of the lot, or 20% of the roof area of all on-site structures, whichever is less; no limit if a primary use permitted in the district | 10 feet as an accessory structure; none as a primary use |
Building-mounted telecommunications facilities, antennas, and microwave equipment Radio towers | Subject to provisions of Chapter 18.130 MCC, Telecommunications Facilities. A conditional use permit is required for commercial communication towers that exceed the maximum permitted height of the district in which they are located. | |
Athletic field lighting | 80 feet | |
Bucket elevators, vertical conveyors and conveyor equipment, smokestack scrubbers, support towers, grain bins and grain silos, and any other height relevant industrial mechanical appurtenances | 1. Shall be set back an additional 3 feet for every 1 foot of height exceeding 80 feet. | Maximum height: 80 feet. Additional height may be granted by the zoning administrator; however, in no event shall the total height exceed 120 feet. |
[Res. 22-12; Ord. 22-03 § 2; Res. 21-09; Ord. 21-05 § 2; Ord. 18-06 § 2; Res. 14-36 § 401.08; Ord. 14-12 § 1.]
Fences, freestanding walls, dense hedges, and similar structures shall comply with the standards of this section.
A. Maximum Height.
1. Front Yards and Street Side Yards. No fence or freestanding wall within or along the exterior boundary of the required front or street side yard shall exceed a height of three and one-half feet. Visually transparent and nonopaque fences over three and one-half feet high may be allowed in front and street side yards, through modification by the hearing officer.
2. Interior Side and Rear Yards.
a. Residential Districts. No fence or freestanding wall within or along the exterior boundary of the required side or rear yards shall exceed a height of six feet.
b. Commercial, Mixed Use, and Industrial Districts. No fence or freestanding wall within or along the exterior boundary of the required side or rear yards shall exceed a height of eight feet.
c. Rural Districts. A fence or freestanding wall up to eight feet in height may be allowed on interior lot lines for screening purposes and livestock fencing.
3. Decorative Features. One entry gateway, trellis, or other entry structure is permitted in the required front or street-facing side yard of each lot; provided, that the maximum height or width of the structure does not exceed 10 feet. Such decorative feature shall not have any solid obstruction that exceeds two feet in diameter between the height of three and 10 feet.

Figure 18.80.090.A. Fences
B. Materials. The following fencing materials are prohibited and/or restricted:
1. Residential and open space districts: barbed wire, razor wire, embedded glass shards, ultra barrier, electrified and other hazardous fencing are prohibited;
2. Chain link fencing: chain link fencing may only be used:
a. Residential districts: when not visible from off site;
b. All other districts: when not visible from off site, as temporary fencing for a construction project, or as approved by the zoning administrator.
C. Visibility at Intersections. Notwithstanding any other provisions of this section, fences and walls shall comply with the standards of MCC 18.80.150, Visibility at intersections and driveways.
D. Corner Lots. Fences shall be a maximum of three feet in height within the sight distance triangle, unless a waiver is obtained from the hearing officer. Trees or any portion thereof that are located within the street triangle shall have clearance from two to seven feet as measured from the top of the curb or sidewalk. In the event that the rear property line of a corner lot abuts a side property line of an adjoining key lot, a 10-foot-deep by 20-foot-wide visibility triangle shall be maintained over the corner lot, starting at the intersection of the rear and street side property lines of the corner lot.

Figure 18.80.090.D. Corner Lot Abutting a Key Lot
E. Access for Public Utilities. Where fencing blocks public utility easements, it shall be constructed so those portions required for access to the utilities can be removed or access otherwise ensured.
F. Rural Districts. Corral fences for the keeping of livestock may be placed within the required front yard in rural districts. Corral fences shall be constructed of masonry, wrought iron, pipe-rail, split rail, or similar material, and shall maintain a minimum openness of 67 percent of the exterior surface of the fence. Corral fences shall not be constructed of metal wire, such as chain link or barbed wire. Corral fences shall not exceed six feet in height.
G. Commercial, Mixed Use, and Industrial Districts.
1. Exceptions to Height Limits. A waiver of fence height may be granted by the hearing officer. The maximum height that is allowed with a fence height waiver is six feet in front or street side yards, and 10 feet in interior side or rear yards.
2. Prohibited Materials. Chain link fencing is not permitted in any street-facing yard in any commercial or mixed use district or in a location visible from off site. In all commercial and mixed use districts and on the perimeter of industrial districts or street-facing frontages, the use of barbed wire, razor wire, embedded glass shards, ultra barrier, electrified, and other hazardous fencing is prohibited.
H. Retaining Walls. The height of a retaining wall shall not exceed that of freestanding wall height limits in subsection (A) of this section. Refer to MCC 18.15.030(E) for measuring wall heights for retaining and freestanding wall combinations. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.09; Ord. 14-12 § 1.]
Open storage of goods, materials, machines, equipment, and vehicles or parts outside of a building for more than 72 hours must conform to the standards of this section. The regulations of this section do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit and to agricultural/farming equipment used for agriculture or farming on the property.
A. Permitted Locations. Table 18.80.100 states where outdoor storage is permitted.
Table 18.80.100 Open Storage Regulations by District and Location
Base Districts | Permissibility of Open Storage |
Rural | Permitted if associated with a permitted agricultural use, located outside of all required setbacks, and screened subject to the standards of this section from adjacent residential properties and public rights-of-way. |
Residential, Neighborhood Commercial, and Mixed Use | All storage must be within an enclosed building except as specified for accessory outdoor display (garden centers, plant nurseries, lumber supply areas for home centers), subject to screening standards and to review and approval of a use permit. |
Industrial | Not permitted in front or street-facing side yards. Permitted in interior side and rear yards, or outside of required yards, subject to the standards of this section. All outdoor storage for industrial uses such as materials, racking, equipment, vehicles, or other similar items shall be screened from public view, public uses, and public open spaces. Such screening shall consist of a wall or fence with a minimum height of eight feet, or a height that will adequately screen the stored items as determined by the zoning administrator. Chain link fences with woven fabrics slats are not permitted. |
Public Facilities and Fleet Maintenance Yards | Not permitted in front or street-facing side yards. Permitted in interior side and rear yards, or outside of required yards, subject to the standards of this section. |
B. Screening and Setbacks. Storage areas visible from public streets that are not separated from the street by intervening building(s) shall be screened.
1. Screening Walls. Screening walls and fences shall be at least eight feet in height. If located on a lot line or in a required yard, they shall not exceed the maximum allowable fence heights in required yards.
2. Setback. A setback shall be provided for outdoor stored material at the ratio of 1:1 from all lot lines equal to total height of stored material above required screen wall. Minimum required yards visible from off site and not enclosed by an eight-foot screen wall are required to be landscaped. Outdoor storage areas shall provide the minimum required landscape buffer zones for sites abutting residential zoning districts, as established in Chapter 18.90 MCC.

Figure 18.80.100.B. Outdoor Stored Material
[Res. 22-12; Ord. 22-03 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.10; Ord. 14-12 § 1.]
A. Screening of Mechanical Equipment. All exterior mechanical equipment, whether on a roof, on the side of a structure, or located on the ground, shall be screened from public view. Exterior mechanical equipment to be screened includes, but is not limited to, heating, ventilation, air conditioning, refrigeration equipment, plumbing lines, ductwork, transformers, smoke exhaust fans, water meters, backflow preventers, service entry section and similar utility devices. Screening shall be architecturally integrated into the main structure with regard to materials, color, shape, and size to appear as an integral part of the building or structure. Equipment shall be screened on all sides, and screening materials shall be opaque. When screening with plants, evergreen types of vegetation shall be planted and maintained. Plant material sizes and types shall be selected and installed so that at the time of building occupancy such plants effectively screen their respective equipment. The use of wood, expanded metal lath, and chain link for the purpose of screening is prohibited. The following additional screening standards apply:
1. Roof-Mounted Equipment. Whenever feasible, roof-mounted equipment screening shall be constructed as an encompassing monolithic unit or a series of architecturally similar screening units on large roofs, rather than as several individual screens (i.e., multiple equipment screens, or “hats,” surrounding individual elements shall not be permitted). The height of the screening element shall equal or exceed the height of the structure’s tallest piece of installed equipment.

Figure 18.80.110.A.1. Screening of Roof-Mounted Equipment
2. Ground-Mounted Equipment. Ground-mounted equipment including but not limited to water meters, backflow preventers, and transformers that faces a street or is not separated from the street by intervening building(s) shall be screened to a height of 12 inches above the equipment unless such screening conflicts with utility access, in which case reasonable accommodation shall be allowed. Screening devices shall consist of decorative walls and/or berms (3:1 maximum slope) with supplemental plant materials including trees, shrubs and ground covers. For screen walls that are three feet high or lower, vegetative materials may be substituted for 50 percent of the screening device. This requirement does not apply to equipment in the interior of a lot that is not visible from the street. Electrical substations, water tanks, sewer pump stations and similar utilities are required to be screened and secured with an eight-foot-high wall.

Figure 18.80.110.A.2. Screening of Ground-Mounted Equipment
3. Exterior Wall Equipment. Wall-mounted equipment, including but not limited to electrical meters, electrical distribution cabinets, service entry sections, and valves and cabinets that face a street, public parking and is not recessed and/or separated from the street by intervening building(s) or walls or gates, shall be screened. Screening devices shall incorporate elements of the building design, e.g., shape, color, texture and material. For screen walls that are three feet in height or lower, vegetative materials may be substituted for 50 percent of the screening device. This requirement does not apply to fire related elements.
4. Upgrades to Existing Mechanical Equipment. The hearing officer may waive or modify screening requirements for upgrades to existing mechanical equipment if reasonable accommodations are made to meet the intent of this code.
B. Truck Docks, Loading, and Service Areas. Truck docks, loading, delivery, and service bays shall be screened according to the standards of MCC 18.80.130 and Chapter 18.90 MCC.
C. Roof Access Ladders and Fire Sprinkler Risers. In all new construction, roof access ladders and fire sprinkler risers shall be located internally.
D. Trash and Refuse Collection Areas. Latching view-obscuring gates shall be provided to screen trash enclosure openings where visible from street and/or public parking areas. Gates’ swings shall be clear of drive aisles and gates shall have a sign posted that reads, “KEEP GATES CLOSED AT ALL TIMES” (or equivalent). The trash enclosure shall match and complement the color scheme and architecture of the building.
E. Parking Areas. Parking areas and drive aisles shall be screened from street(s) with a combination of perimeter walls made of masonry (or similar material, such as gabion walls) and/or perimeter berms or landscape screening materials with supplemental shrubs and ground covers.
1. The screening device shall vary in height from a minimum of three feet and not to exceed three and one-half feet and shall be offset or staggered in plan by at least 24 inches at intervals of no more than 30 feet or include a mixture of live and solid walls.
2. The screening device shall vary in height from 12 to 18 inches when lawful display of automobiles, trucks, recreational vehicles, manufactured homes, boats, motorcycles, and utility trailers is adjacent to public streets.
3. Screen wall and/or berm height shall be measured from the finish grade of the parking lot.
4. A setback of at least five feet shall be provided between the screen wall and the edge of the parking area.
5. A setback of at least 10 feet shall be provided between the screen wall and the right-of-way, which may be reduced to five feet if the parking area frontage is 50 feet or less and there are no other conflicts, such as, but not limited to, public utility easements.
6. The hearing officer may approve alternatives to these screening standards if reasonable accommodations are made to meet the intent of this code.
F. Common Lot Lines. A screening wall shall be provided on the interior lot lines of any lot that contains any commercial use, industrial use, public or semi-public use (except cemetery or public park and recreation facility), or transportation, communication, and utilities use, and abuts a residential district or residential use. Such screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one use classification to another nonresidential use classification.
1. Location. Screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide from adjoining lots the building, facility, or activity required to be screened.
2. Materials. Industrial uses must provide a solid screening wall of stucco, decorative block, or concrete panel. Screening walls for other uses may be constructed of stucco, decorative block, concrete panel, wood or other substantially equivalent material. Chain link fencing does not fulfill the screening wall requirement.
3. Berms. An earth berm may be used in combination with the above types of screening walls, but not more than two-thirds of the required height of such screening may be provided by the berm.
4. Relationship to Fence and Wall Height Limits. If the minimum required screening wall height exceeds the maximum permitted height of fences and freestanding walls for the zoning district, then a screening wall shall be provided that conforms with the maximum permitted fence height in the applicable portion of the property.
G. Screening Along Residential District Boundaries. A screening wall six feet in height is required wherever a site located in a commercial or mixed use district abuts a residential district. Openings in the wall are allowed for pedestrian access. The zoning administrator may require additional screening elements, up to eight feet in height, if necessary to screen commercial uses.
H. Screening and Separation of Parking Areas. Parking areas located between a building and street shall be screened with a screening wall or berm at least three feet and not to exceed three and one-half feet high. In addition, parking areas shall be separated from on-site buildings by a distance of at least 10 feet, which shall be landscaped and may also include a pedestrian walkway.

Figure 18.80.110.H. Screening and Separation of Parking Areas
I. Screening and Location of Accessory Uses. Outdoor accessory uses, such as, but not limited to, propane storage tanks, fuel storage and dispensing facilities not a part of a gas or service station, donation drop boxes and collection areas, are only permitted as an accessory use within commercial and industrial zoning districts and as an accessory to institutional and assembly uses. Such accessory uses shall not be located within the minimum front and street side building setback and shall meet all other applicable codes and ordinances. Accessory uses shall be shown on a site plan and provide screening and landscape in a manner to obscure views from adjacent roadways. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.11; Ord. 14-12 § 1.]
A. Swimming pools and spas located in any zoning district must be developed in compliance with the following standards:
1. Exclusive Use. If located in a rural or residential district, the swimming pool or spa is to be solely for the use and enjoyment of residents and their guests, unless it is associated with a golf course or resort.
2. Filtration Equipment. Swimming pool or spa filtration equipment and pumps shall not be located in the front or street side yard. All pool/spa filtration equipment shall be mounted and enclosed so that its sound is in compliance with Chapter 18.110 MCC, Performance Standards.
3. Pool Setbacks. Pool setbacks from water edge to lot perimeter barrier/fence shall be a minimum of three feet from the water.

Figure 18.80.120.A.3. Pool Setbacks
4. Enclosure. Refer to current adopted building codes for minimum barrier requirements. [Ord. 24-01 § 2; Res. 21-09; Ord. 21-05 § 2; Ord. 14-12 § 1; Res. 14-36 § 401.12.]
A. In addition to the requirements outlined in Chapter 18.105 MCC, all truck docks, loading, and service areas shall be located and screened as follows:
1. Minimum Distance from Residential District. Truck docks, loading, and service areas are not permitted within the minimum required transitional setback of the district in which they are located, from any residential district or residential use.
2. Location on Lot. In all districts except the rural and industrial districts, truck docks, loading areas, and service areas must be located at the rear or interior side of buildings, rather than facing a street.
3. Screening. Truck docks, loading areas, and service areas located in any zoning district shall be screened from any adjacent residential districts or uses. Docks, loading, and service areas in any district except the industrial districts shall be screened from view of adjacent streets. Screening shall consist of a solid masonry wall at least eight feet in height or opaque automated gates. Sustainable development bonus incentives may be available for alternative screening methods; refer to Chapter 18.125 MCC. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.13; Ord. 14-12 § 1.]
All electrical, telephone, cable television, fiber optic cable, gas, water, sewer, irrigation/recycled water, and similar distribution lines providing direct service to a project shall be installed underground within the site. This requirement may be waived by the zoning administrator upon determining that underground installation is infeasible or the electrical line is otherwise exempt from an undergrounding requirement. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.14; Ord. 14-12 § 1.]
Notwithstanding any other provisions of this section, no fence, wall, shrubbery, sign, or other obstruction to vision between a height of two feet and seven feet above the centerline grades of the intersecting streets shall be erected, placed, planted, allowed to grow, or maintained within the site visibility triangle as specified in MCC Title 17, Subdivisions. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.15; Ord. 14-12 § 1.]
A. Specific Purpose. The specific purpose of this chapter is to ensure the timely provision of adequate infrastructure, and promote orderly and efficient development, consistent with the general plan.
B. Applicability. This chapter provides general requirements for all new development to ensure that public facilities such as fire access, sewer, water, and storm drainage systems, and other facilities that are located within public rights-of-way, easements, and on land owned by the city. All new development in the city shall meet the minimum established service levels for new development. Conformance with the city’s adopted plans, engineering policies, and related standards in the city’s subdivision regulations also is required. [Ord. 14-12 § 1; Res. 14-36 § 402.01.]
A. Conformance with Public Facility Standards. Development plans, when required to establish a use or development, shall conform to the general standards contained in this chapter, prior to the city granting land use or development approval. Public improvement design and construction of sanitary sewer and water systems, storm drainage facilities, transportation facilities, including pedestrian and bicycle pathways, street lights, public parks, or other improvements shall not be undertaken except after the appropriate plans have been approved by the city, permit fees paid, and permits issued.
B. Impact Analysis. The city may require an impact analysis prepared by a qualified engineer to determine sanitary sewer system, water system, storm drainage system, traffic, access, circulation and other public facility or private utility mitigation requirements.
C. Conditions of Approval. The city may conditionally approve a land use or development application to ensure that the proposed development complies with applicable standards. Public facility improvements required as a condition of approval (i.e., when not otherwise proposed by the applicant), shall be roughly proportional to the impact of development, as required by law.
D. Construction Plan Review and Permitting. Public facility improvements (i.e., improvements to be dedicated to the city) shall require a construction permit subject to review and approval by the city engineer prior to commencing work. [Ord. 14-12 § 1; Res. 14-36 § 402.02.]
A. Multi-Modal Transportation Connections. All development projects shall provide or be served by a safe, attractive, and functional transportation system that is accessible and accommodates all modes of transportation (automobiles, pedestrian, bicycling, and transit) in conformance with the general plan.
B. Street Access. All developments shall have approved access to a public street.
C. Street Layout and Design. The layout and design of streets and alleys shall conform to the general plan, MCC Title 17, Subdivisions, and all other adopted plans including engineering design standards and cross-sections contained in the city’s standard details.
D. Dedications. Required dedications shall conform to MCC Title 17, Subdivisions and all other adopted plans and policies of the city.
E. Connectivity. Appropriate provisions shall include, but are not limited to, a safe, direct, and accessible pedestrian accessway being provided through the site, conforming to the Americans with Disabilities Act (ADA).
F. Neighborhood Accessibility and Traffic Calming. Proposed streets, street extensions, driveways, and pedestrian accessways shall be designed and located to slow traffic on local streets between residential neighborhoods and existing or planned commercial services and amenities, such as schools, shopping areas, parks, and transit facilities. Traffic calming features may also be required for the circulation systems and street access points of larger developments on 160 acres or more. Traffic calming measures, such as curb extensions, traffic circles, roundabouts, and special paving at intersections, shall conform to the city’s standard details and emergency service provider requirements. Streets, driveways and pedestrian accessways shall also conform to the ADA.
G. Transit Facilities.
1. Bus pull-outs, shelter pads, shelters, and related right-of-way and easements may be required when a development is adjacent to an existing or planned bus stop or transit station. These facilities shall be integrated into the overall pedestrian plan of a project and designed consistent with the city’s standard details.
2. Pedestrian pathways shall be designed to provide a direct connection between the main building entrance and public sidewalks and transit stops. Landscape plans shall be designed to provide shading of the pedestrian pathways and transit stops, where applicable.
3. Furniture installed at bus stops shall be located to provide an accessible route between components and any switch boxes, mailboxes, utility boxes and similar features.
4. All bus stops shall meet or exceed current ADA requirements for transit.
H. Street Lights. Street lights for public streets shall be installed concurrent with other city infrastructure requirements prior to occupancy, and conform to the city’s policies and utility requirements. Street light standards for private streets shall be determined through the development plan review.
I. Street Stubs. Streets shall be extended to the boundary lines of the parcel or tract to be developed when the decision-making body determines that the extension is necessary to give street access to future development on an adjoining parcel. These street stubs are not considered to be cul-de-sacs. The zoning administrator may require the developer to provide a temporary barricade, and/or turnaround for street stubs over 150 feet in length.
J. Grades and Curves. Street grades and curves shall conform to the city’s standard details and emergency service provider requirements.
K. ADA Accessibility. The design of curbs, curb cuts, driveway approaches, ramps, gutters, sidewalks, and paving shall provide ADA-required accessibility.
L. Private Streets. Access control gates shall conform to police, transportation, fire, and refuse access standards and provide emergency access override switches acceptable to the fire marshal. Private streets are required to meet the same construction standards as public streets, and lighting levels shall conform to city standards. The developer must provide a warranty on private streets deliverable to the city. [Ord. 14-12 § 1; Res. 14-36 § 402.03.]
A. Adequate Public Facilities. Adequate sanitary sewer, storm drainage, and water system facilities, including required fire flow, shall be provided by the developer concurrent with the development. Specific exception to this standard may be approved for development in the MU-H Overlay District; see Chapter 18.75 MCC.
B. Design. The design of sanitary sewer, storm drainage, and water system facilities shall conform to the city’s standard details and engineering policies and private utility company standards where these are separately provided. An approved grading and drainage plan by the engineering division is required prior to development approval. Specific exception to this standard may be approved for development in the MU-H Overlay District; see Chapter 18.75 MCC.
C. Underground Facilities. All sanitary sewer and water system facilities shall be located underground within public rights-of-way, public utility easements or exclusive easements, with the exception of some valves, mechanical and electrical devices and similar devices, which must be located above ground. Storm water retention facilities are permitted on the surface of the land.
D. Storm Water Retention Required. Storm water retention is an integral component of the city’s storm water management program and compliance with Arizona Pollutant Discharge Elimination System requirements. Due to limitations of discharge outlets, on-site retention is a high priority element for a successful program to minimize flooding and related property damage. [Ord. 14-12 § 1; Res. 14-36 § 402.04.]
When a development, addition, or change in use requires new or expanded utility services (e.g., water, telephone, natural gas, cable television, internet, electricity, etc.), the developer/builder is required to contact the appropriate utility companies and coordinate underground installation of the utilities. The city will not participate in the cost of constructing or relocating utilities for private development. The developer/builder also is responsible for contacting the Arizona Department of Water Resources for projects involving wells or ground water withdrawal. The city may require that existing utilities that are above ground be placed underground. [Ord. 14-12 § 1; Res. 14-36 § 402.05.]
The specific purpose of this chapter is to establish standards for landscaping. The landscaping standards are intended to:
A. Improve the appearance of the community by requiring aesthetically pleasing landscaping on public and private sites;
B. Soften the appearance of urban development;
C. Ensure appropriately designed and maintained landscaping elements that allow natural surveillance;
D. Generate and preserve community identity to reinforce a sense of place that is unique to various neighborhoods and districts throughout the city;
E. Encourage the use of drought-tolerant, native or adapted plant species and demonstrate appropriate design and maintenance techniques and discourage the use of nonnative invasive plants which require more water and have a negative impact on the city’s natural environment; and
F. Provide environmental improvements, such as mitigating air and storm water pollution, providing shade, and reducing the effects of the urban heat island. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 404.01; Ord. 14-12 § 1.]
A. Applicability. The regulations of this chapter shall apply to:
1. Proposed Developments. All buildings and uses of land, except active agricultural buildings located further than 100 feet from public rights-of-way.
2. Existing Properties. After the effective date of this code, for any proposed change to the primary exterior features of a building, such as alterations to entranceways, porches, driveways, and front yards, or exterior additions that project into the front yard, an increase in parking, or a change in use or building occupancy designation, the standards of this chapter apply.
B. Exempt Projects. The requirements of this chapter do not apply to:
1. Interior or upper-story additions to existing nonresidential or residential construction that add less than 20 percent to the existing floor area;
2. The establishment of an accessory use on the same lot as an existing primary use, such as the installation of an accessory office space, with no expansion of floor area or outdoor area occupied; and
3. A change in occupancy of a building that does not involve a change in the use type (e.g., the use classification). [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 404.02; Ord. 14-12 § 1.]
A. Landscaped Areas. Required landscaped areas shall be maintained free from encroachment by any use, structure, vehicle, or feature not a part of the landscaping design, except for the fire hydrants and related fire protection devices, mailbox clusters, pedestals, poles, cabinets, utility-housing boxes, or other permanent fixtures as approved for emergency or service access.
1. Where turf abuts decomposed granite or similar inorganic landscape material, a hardscape edging material such as brick or concrete curb/mowstrip shall be provided.
2. Where vehicular cross-access is provided between adjoining properties that are not part of group commercial, office, or industrial development, a 15-foot-wide perimeter landscape yard except where drive aisle occurs shall be provided.
B. Tree Size. Required trees shall meet the growth dimensions specified in the Arizona Nursery Association “Recommended Tree Specification,” latest edition, a copy of which will be maintained on file by the planning division and available upon request. The zoning administrator may approve deviations from these minimum specifications based on availability, if a deviation is requested prior to installation.
C. Shrubs. Required shrubs shall have a minimum mature growth height of 18 inches. At least 50 percent of required shrubs shall be a minimum of five gallons in size upon installation, but in no case shall any shrub be less than one-gallon size.
D. Ground Cover. Required ground cover may be of two types:
1. Vegetative ground cover consisting of living plant materials characterized by horizontal as well as vertical growth, generally not exceeding 18 inches in height.
2. Inert ground cover consisting of gravel, decomposed granite, crushed rock, desert tree mulch, or other approved materials. The use of “desert cobble” that looks like the desert floor, consisting of natural desert covers and seed mix, is encouraged. Minimum depth of inert material shall be two and one-half inches.

Figure 18.90.030.D. Ground Cover Types
E. Irrigation Systems. Required irrigation systems shall be underground automatic watering systems, unless the lot is served by functioning flood irrigation. Irrigation and plantings within three feet of public utilities, such as but not limited to electrical transformers, light poles and fixtures, and communication services, shall be limited to drip systems so as to not overspray to cause undue corrosion to utility structures.
F. Paving and Hardscape Materials. Paving and ground treatment shall be an integral part of site and landscape design.
G. Minimum Open Space Required. The following indicates the minimum required open space by zoning district:
1. Any parking area landscaping that exceeds the minimum requirements of the code shall be counted as open space if determined by the zoning administrator that the landscape area enhances the general area proposed.
2. Open space does not include parking areas except parking lots for trailheads and/or for the neighborhood parks (not parking lots required for other uses).
3. Bicycle trails (not bike lanes within the pavement section), pedestrian trails, equestrian tracts, and trailheads may also be calculated as open space.
4. Landscape buffers and landscaped medians shall be a minimum of 10 to 15 feet in width in order to be calculated as part of the required open space.
5. Open space does not include retention and/or detention basins that are concrete lined or nonlandscaped, vacant lots, or undeveloped lots.
6. Residential zoning districts shall have a minimum of 60 percent of the required open space for any development and should be developed as “useable” open space with the recreational amenities needed to support the new neighborhood demand incorporated into that open space.
7. Not more than 50 percent of the required open space shall be attributed to golf course use or ancillary golf uses.
H. Maintenance.
1. Individual property owners and/or homeowner’s associations shall properly maintain all landscape materials and landscape areas, including that within the public rights-of-way adjacent to the development, in accordance with the approved landscape plan, except in and along public rights-of-way and easements where the city of Maricopa has agreed to provide maintenance.
2. Replacement of dead trees and required landscaping shall be by the homeowner’s association or the individual property owner and shall be completed within three months from the date that the association or property owner is notified by the city.
Table 1 Open Space Requirements by Zoning Districts
Zoning District | Required Percentage of Open Space |
|---|---|
Rural Districts | 0% (1 – 49 lots; min. lot size 54,000 sq. ft.) 2% (50+ lots; min. lot size 54,000 sq. ft.) 10% (1 – 49 lots; min. lot size 20,000 sq. ft.) 12% (50+ lots; min. lot size 20,000 sq. ft.) |
Residential Districts | 15% (1 – 99 lots; min. lot size 12,000 sq. ft.) 17% (100+ lots; min. lot size 12,000 sq. ft.) 20% (1 – 99 lots; min. lot size 7,000 sq. ft.) 22% (100+ lots; min. lot size 7,000 sq. ft.) |
Mixed Use Districts | 15% |
Commercial Districts | 10% (20 acres or less in size) 15% (greater than 20 acres in size) |
Industrial Districts | 10% (100 acres or less in size) 15% (greater than 100 acres in size) |
Public Institutional Districts | 10% (20 acres or less in size) 15% (greater than 20 acres in size) |
[Ord. 24-04 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 404.03; Ord. 14-12 § 1.]
A. Landscaping in Visible Yards.
1. Standards. Off-site street landscaping and on-site landscape buffer setback standards must comply with MCC 17.30.050. Street-facing yards, parking areas, and on-site landscaping shall comply with this code.
2. Allowable Uses. Yards that are visible from public streets and not used for parking lanes, or pedestrian walkways or allowable outdoor facilities shall be exclusively maintained as landscaped areas with plant materials and may include monument signs, parking screen walls, and retention basins as well as utility boxes and related equipment.
3. Exceptions. Outdoor seating for restaurants and cafes may encroach:
a. In NC Districts, up to 50 percent of the width of the required landscape area; and
b. In mixed use districts, the entire width of the required landscape area. The city encourages the use of tree wells and planters to help define outdoor seating areas and to enhance urban spaces.
4. Numbers of Plants. Except as otherwise required by the subdivision regulations, the required on-site plantings for multiple-family, mixed use, commercial, and institutional developments shall include a minimum of one tree and six shrubs per 650 square feet of landscaped area, with 40 percent ground cover. Industrial developments shall provide one tree and six shrubs per 1,000 square feet of landscaped area, with 25 percent ground cover. Where conflict occurs between the provisions of this code and MCC Title 17, Subdivisions, the more restrictive provision shall apply.
5. Minimum Size. In addition to minimum landscaping required in MCC 17.30.050, minimum size of plant materials shall be as follows:
a. Trees.
i. A minimum of 50 percent of the total required trees shall be 24-inch box trees.
ii. No trees shall be smaller than 15-gallon size.
b. Shrubs.
i. A minimum of 50 percent of the total required shrubs shall be five-gallon size or larger.
ii. No shrubs shall be less than one-gallon size.
c. Substitutions. Substitutions for the above requirements may be made according to the following table:
Table 18.90.040.A.5.C Tree Substitutions
Tree to be placed on site | 15-gallon tree equivalent | 24-inch box tree equivalent |
|---|---|---|
24-inch box tree | 2 trees | – |
36-inch box tree | 3 trees | 2 trees |
48-inch box tree | 4 trees | 3 trees |
60-inch or larger box tree | – | 4 trees |
6. Ground Cover. All landscape areas shall be covered with materials such as three-quarters inch Mountain Vista Brown landscape rock or similar material in combination with supplemental shrubs and ground covers, accents, flowers, and vines.
7. Retention Basins.
a. Retention basins may not occupy more than 50 percent of the minimum required front yard and street side yard setback landscape areas.
b. Basins along street frontages shall be incorporated into the landscape plan and designed to appear natural or integrated with the site plan and architecture of the site.
c. Retention basins shall be constructed in accordance with plans approved by the city engineer and shall conform to grading and landscape plans approved by the city of Maricopa.
B. Adjacent Lot Lines.
1. Buffer Zones Adjacent to Residential Zoning Districts and Open Space.
a. Requirement. Properties located adjacent to residential districts, community trail systems, and open space areas shall have a landscaped buffered area with a minimum width of 25 feet for commercial and mixed use districts, and 40 feet for industrial districts. In no case shall it exceed a 3:1 slope. At a minimum, buffer areas shall contain a minimum of one tree and two shrubs every 25 feet, or portion thereof, to provide visual screening between uses in addition to the minimum required landscaping on site.
b. Ground Treatment. The buffer zone except for pedestrian walkways shall be covered with materials such as decomposed granite, desert varnish or cobble, desert tree mulch, or turf, in combination with supplemental shrubs and ground covers, accents, flowers, and vines.
c. Areas Visible from Rows, Public Parking or Drive Aisles. Landscape material placement shall be designed to concentrate plantings in areas of high visibility to screen parking, loading, and trash enclosures from adjacent rights-of-way, properties, and pedestrian areas.
C. Landscaping of Interior Setbacks. Where a lot located in a commercial or mixed use district is adjacent to a residential district, at least 25 feet of the depth of such setbacks must be landscaped, and remain free from parking, driveways, and encroachment by any structures that are not part of the landscaping design. For properties that are adjacent to nonresidential districts, at least 40 feet of the depth of interior setbacks must be landscaped, unless specified elsewhere in this code.

Figure 18.90.040.C. Landscaping of Interior Setbacks
[Res. 22-12; Ord. 22-03 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 404.04; Ord. 14-12 § 1.]
A. Applicability. The interior parking lot landscaping standards of this section apply to all off-street parking lots containing 10 or more parking spaces with exceptions where shade structures are provided for parking spaces. They do not apply to readapted residential properties in the MU-H Overlay District or vehicle/equipment storage lots or vehicle and equipment sales lots.
B. Landscape Islands.
1. Parking lot landscape islands shall be installed at each end of a row of stalls and in between for a maximum of eight contiguous parking spaces.
2. Landscape islands shall be a minimum of eight feet wide and 15 feet in length for single-row and 30 feet in length for double-row parking. All measurements are to face of curb. Projects may be eligible for sustainable development bonus incentives if increased landscaping is provided.
3. Radius curbing shall be provided along drive aisles with a minimum four-foot radius.
4. For rows of more than 16 parking spaces, landscape islands shall be staggered.

Figure 18.90.050.B.4. Landscape Islands
5. The maximum length of a covered parking canopy shall be 15 contiguous parking spaces. Landscape islands within a row of parking may be eliminated when a conflict with the covered parking canopy occurs. However, landscape islands must be installed at the end of all parking rows.
6. When parking canopies are adjacent to each other in a single row, the total length of each canopy shall not exceed 15 parking stalls and the adjoining canopies shall be separated by at least a 24-foot-wide landscape island as depicted in the following illustration:

Figure 18.90.050.B.6. Adjacent Canopies
7. For parking lots containing more than 200 spaces, one eight-foot-by-15-foot staggered landscape island may be replaced with two landscape islands of at least 25 square feet clear landscape area each. Each landscape island/planter shall contain at least one tree and three shrubs. These landscape islands/planters may be designed in any combination of shape and size provided the minimum clear landscape area dimension is five feet.
8. To minimize conflict, a landscape island shall not be located adjacent to an ADA parking stall.

Figure 18.90.050.B.7. Covered Canopies
C. Medians. Where divider medians occur adjacent to head-in parking, vehicle overhang shall be as follows:
1. Single-Row Parking. A minimum seven-foot (or nine feet if a two-foot overhang is provided) landscape area is required. The required median width does not include a sidewalk.

Figure 18.90.050.C.1. Single-Row Parking
2. Double-Row Parking. A minimum eight-foot landscape area (or 11 feet if a two-foot overhang is provided on both sides of median) measured from face of curb to face of curb is required where the median width does not include a sidewalk.

Figure 18.90.050.C.2. Double-Row Parking
3. Medians with Sidewalks. When a sidewalk is located within a median, shade trees should be placed so that at least 25 percent of the sidewalk is shaded at noon. The sidewalk shall be no less than four feet in width.

Figure 18.90.050.C.3. Medians with Sidewalks
D. Plant Materials.
1. Number of Plants.
a. Parking Lot Landscape Islands. One shade tree and three shrubs shall be provided for every 15-foot parking island.
b. Parking Lot Divider Medians. In addition to the above requirements, a minimum of one shade tree and six shrubs shall be provided for every eight parking spaces.
2. Size of Plants. A minimum 60 percent of the required trees shall be at least 24-inch box, and the remaining can be a minimum of 15-gallon box. Substitution based on plant size is not permissible for trees planted within the interior of a parking lot.
3. Ground Cover. All landscape planting areas that are not dedicated to trees or shrubs shall be permeable. No hardscape materials are permitted in designated planting areas. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 404.05; Ord. 14-12 § 1.]
An applicant who can demonstrate that the intent of this chapter can be exceeded, in whole or in part, may submit an alternative landscape plan (ALP) prepared in accordance with this section. The ALP shall include a narrative that clearly details the modifications being requested and explains how they enhance the landscape design principles listed below.
A. Required Elements. In order to qualify for consideration, an ALP shall demonstrate compliance with the following:
1. Use of Drought-Tolerant or Native Vegetation. Preservation or incorporation of drought-tolerant or native vegetation.
2. Compatibility with Surrounding Uses and Desert Environment. A greater degree of compatibility with surrounding uses and the desert environment than a standard landscape plan would offer. The number of shrubs and trees proposed depends on the type of shrub or tree planted and size at full maturity.
3. Water Efficiency. Use of water-efficient irrigation systems and xeriscaping at appropriate locations is essential.
B. Approval and Required Findings. ALPs may be submitted in conjunction with any development application, including PAD plans. An ALP may be approved by the reviewing body upon finding that:
1. There are unique characteristics of the property, site design, storm water management, or use that warrant special consideration to modify or deviate from the requirements of this chapter and that these characteristics are not self-created.
2. The ALP meets or exceeds the minimum standards for plant materials of this chapter, while recognizing the unusual site design or use restraints on the property and specific characteristics of the landscape design justify declaration from specific members or pre-approved plans established for standard landscape plans.
3. Approval of an ALP will provide for both increased consistency and compatibility with adjacent properties and the natural desert environment.
4. The ALP demonstrates innovative use of plants and efficient use of water. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 404.06; Ord. 14-12 § 1. Formerly 18.90.060.]
A. Specific Purpose. The specific purpose of this chapter is to restrict the use of outdoor artificial illuminating devices to conserve energy and reduce light pollution, while maintaining adequate visibility for safety on public and private property.
B. Conformance with Applicable Codes. All outdoor artificial illuminating devices shall be installed in conformance with the provisions of this code, MCC Title 17, Subdivisions, and the International Green Building Code, when adopted by the city, and the International Energy Conservation Code, as adopted by the city, and all other applicable city ordinances and code requirements. Where any provisions of the Arizona Revised Statutes (A.R.S.), or any federal law, or any companion city code conflicts with the requirements of this chapter, the most restrictive shall govern.
C. Approved Material and Methods of Installation. The provisions of this code are not intended to prevent the use of any material or method of installation not specifically prescribed by this code, provided any such alternate has been approved. The zoning administrator may approve any such alternate; provided, that the proposed design, material or method:
1. Provides approximate equivalence to those specific requirements of this code; and
2. Is otherwise satisfactory and complies with the intent of the code. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 405.01; Ord. 14-12 § 1.]
A. Timing Controls. All lighting in nonresidential development shall be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the building is not in use and the lighting is not required for security. Exceptions may be approved for low-level architectural or landscape lighting.
B. Shielding and Filtering. All lighting shall be designed to confine direct rays to the premises or onto adjacent public rights-of-way.
1. Shielding. All exterior illuminating devices, except those exempted from this chapter, shall be fully or partially shielded.
a. “Fully shielded” shall mean that those fixtures shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
b. “Partially shielded” shall mean that those fixtures shall be shielded in such a manner that the bottom edge of the shield is below the plane center line of the light source (lamp), minimizing the light above the horizontal.
2. Filtration.
a. Those outdoor light fixtures requiring a filter shall be equipped with a filter whose transmission is less than five percent total emergent flux at wavelengths less than 3,900 angstroms. Total emergent flux is defined as that between 3,000 and 7,000 angstrom units.
b. Low pressure sodium lamps are the preferred lamp for minimizing adverse effects on astronomical observations.
3. Requirements for Shielding and Filtering. The requirements for shielding and filtering light emissions from outdoor light fixtures shall be set forth in the following table:
Table 18.95.020.B.3 Requirements for Shielding and Filtering
Fixture Type | Shielded | Filtered (4) |
|---|---|---|
Low Pressure Sodium (1) | Partially | None |
High Pressure Sodium | Fully | None |
Metal Halide (6) | Fully | Yes |
Fluorescent | Fully (5) | Yes (2) |
Quartz (3) | Fully | None |
Incandescent Greater than 150W | Fully | None |
Fossil Fuel | None | None |
Glass Tubes filled with Neon, Argon, Krypton | None | None |
Other sources | As approved by zoning administrator | As approved by zoning administrator |
1This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations.
2Warm white and natural lamps are preferred to minimize detrimental effects.
3For the purpose of this code, quartz lamps shall not be considered an incandescent light source.
4Most glass, acrylic, or translucent enclosures satisfy these filter requirements.
5Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds with light lettering or symbols are preferred.
6Metal halide display lighting shall not be used for security lighting after 11:00 p.m. (or after closing hours if before 11:00 p.m.) unless fully shielded. Metal halide lamps shall be in enclosed luminaires.
4. Lighting Levels for Parking and Loading Areas. The lighting system for parking and loading areas and driveways serving them shall provide not less than 1.0 foot-candle and not more than 5.0 foot-candle overall average illumination, with a minimum of 0.25 foot-candle on the paved surface of the parking and loading areas.

Figure 18.95.020.B. Light Fixture Shielding
5. Alternative Compliance. The zoning administrator shall evaluate, and possibly accept or recommend to the decision-making body, alternative lighting requirements and materials. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 405.02; Ord. 14-12 § 1.]
A. All on-site outdoor fixtures, other than bollard lighting or garage coach lights, shall be set back from all lot lines a minimum of 10 feet or a distance equal to the height of the fixture, whichever is greater.
B. Parking lot and pole-mounted security lighting shall not exceed maximum mounting height of 14 feet within 100 feet of a residential zoning district, or from land designated for residential uses in the general plan. In all other areas, parking and security lighting shall not exceed a maximum height of 25 feet.
C. Wall-mounted fixtures shall be a maximum height of 12 feet above grade unless greater height is approved by the zoning administrator specifically for residential history accentuating architectural features of a building, accentuating signage, accentuating landscape features, or for security.
D. Bollard lighting or similar low-mount landscape fixtures shall be used for illuminating pedestrian areas.
E. Exterior pedestrian pathways and adjacent landscape areas within 20 feet of the pathway shall be illuminated from dusk to dawn, with one-half foot-candle of light at finish grade.
F. Pedestrian gates shall be illuminated from dusk to dawn, with five foot-candles and two foot-candles within a 15-foot radius. Zoning administrator may approve alternative design methods to meet intent.
G. Recreational facilities, such as ball fields, may exceed the height limits of a district in compliance with MCC 18.80.080. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 405.03; Ord. 14-12 § 1.]
A. All on-site outdoor parking and building lighting fixtures shall be designed with a decorative style that complements the building architecture of the development unless otherwise accepted by the zoning administrator. Examples of decorative lighting are shown in Figure 18.95.040.A.

Figure 18.95.040.A. Light Fixture Examples
B. All public and private streets shall adhere to and install the minimum required streetlights per the city’s Design Standard Manual and shall also be of a decorative style as deemed acceptable by the city of Maricopa.
C. The maintenance of street lights shall be the responsibility of the local electrical company and paying of services for the street lights shall be the responsibility of the homeowner’s association or adjacent property owner. [Res. 22-12; Ord. 22-03 § 2; Res. 21-09; Ord. 21-05 § 2.]
A. Prohibitions.
1. Searchlights. The operation of searchlights for advertising purposes is prohibited.
2. Recreational Facility. No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. unless a temporary permit for a special event has been approved.
3. Architectural Lighting. Unshielded outdoor illumination on buildings is not permitted unless it is at a less than 90-degree angle and of filtration level approved by the zoning administrator. Exterior light fixtures attached to a building and designed as an integral part of the building may highlight building forms and architectural details as long as there is no direct spillover of light onto adjacent property and no light causes a hazard to motorists.
4. Advertising Sign or Landscape Illumination. The unshielded outdoor illumination of any advertising sign, landscaping or other purpose is prohibited. However, low voltage accent landscape lighting is allowed.
5. Mercury Vapor. The installation of new mercury vapor fixtures is prohibited. Existing mercury vapor fixtures shall be removed and replaced with compliant lighting fixtures wherever substantial alterations and additions are undertaken, exclusive of ordinary maintenance and repair.
6. Fueling Service Canopies. All lighting under fueling facility canopies, drive-through canopies, porte-cocheres, and similar structures shall be fully recessed. No portion of the fixture shall project below the ceiling of the canopy structure.
B. Permanent Exemptions.
1. Fossil Fuel Light. Produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels.
2. Federal and State Facilities. Those facilities and lands owned or operated as protected by the U.S. federal government or the state of Arizona are exempted by law from all requirements of this code. Voluntary compliance with the intent of this code at those facilities is encouraged.
C. Temporary Exemptions.
1. By-Right Exemptions. Temporary emergency lighting needed by police, fire, and other emergency services, as well as temporary lights for holiday decorations.
2. Request for Temporary Exemptions. Any individual may submit a written request to the zoning administrator for a temporary exemption from the requirements of this code through filing a temporary use permit pursuant to MCC 18.150.080. Such exemption will be valid for up to 30 days, renewable at the discretion of the zoning administrator. The request for temporary exemption shall contain the following listed information:
a. Specific exemptions requested;
b. Type and use of exterior light involved;
c. Duration of time for requested exemption;
d. Type of lamp and calculated lumens;
e. Total wattage of lamp or lamps;
f. Proposed location of exterior light;
g. Previous temporary exemptions, if any; and
h. Physical size of exterior light and type of shielding provided.
3. Appeal for Temporary Exemptions. The zoning administrator, within five days from the date of the properly completed request for temporary exemption, shall approve or reject in writing the request. If rejected, the individual making the request shall have the right of appeal to the hearing officer. [Ord. 23-35 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 405.04; Ord. 14-12 § 1. Formerly 18.95.040.]
This chapter establishes provisions for the regulation of preexisting structures, uses, lots, and sites that were lawful before the adoption or amendment of this code or previously adopted city codes, but which would be prohibited, regulated, or restricted differently under the terms of this code or future amendments to the zoning code or the zoning map. [Ord. 14-12 § 1; Res. 14-36 § 406.01.]
A. Nonconformities. Nonconforming status may result from any inconsistency with the requirements of this code, including but not limited to location, density, floor area, height, yards, usable open space, buffering, screening, landscaping, provision of parking, performance standards, or the lack of an approved use permit or other required authorization. Lawful nonconforming uses and structures are addressed in this chapter.
B. Nonconforming Uses, Structures, and Lots. Any lawfully established use or structure that is in existence on the effective date of this code or any subsequent amendment but does not comply with all of the standards and requirements of this code shall be considered legal nonconforming. Legal nonconforming uses and structures may only be continued subject to the requirements of this chapter. [Ord. 14-12 § 1; Res. 14-36 § 406.02.]
A. Classification of Nonconforming Uses.
1. The zoning administrator may classify lawfully established nonconforming uses for the purpose of determining whether to permit substitution or expansion, subject to the requirements of this chapter. The classification of any use or structure shall be optional and shall be based on written application by a qualified applicant, including such information as may be deemed necessary to determine that the use was lawfully established and to make any other findings that may be required.
B. Class I. Class I nonconforming uses are designated by the zoning administrator after determining that:
1. The existing nonconforming use was lawfully established;
2. The proposed expansion or substitution of the nonconforming use would not be detrimental to public health, safety, or welfare;
3. The proposed expansion or substitution would not be inconsistent with the general plan and would not preclude or interfere with implementation of any applicable adopted area plan;
4. The proposed use will not depress the value of nearby properties; and
5. No useful purpose would be served by strict application of the provisions or requirements of this code with which the use or structure does not conform.
C. Class II. Class II nonconforming uses include any lawfully established nonresidential use that involves one of the following:
1. Storage, use, or generation of hazardous materials, processes, products, or wastes;
2. Activity that may be detrimental to public health and safety because of the potential to create dust, glare, heat, noise, noxious gases, odor, smoke, and vibration;
3. Conditions that could be incompatible with surrounding uses; or
4. Any nonconforming adult-oriented business.
D. Changes of Use. No legal nonconforming use shall be substantially expanded or changed to a different use without approval of a conditional use permit, unless the new use is permitted by right. This requirement does not apply to a change of ownership, tenancy, or management where the new use is in the same classification as the previous use, as defined in this code, and the use is not expanded.
E. Change from Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the zoning district in which it is located and complies with all applicable standards for such use.
F. Absence of Use Permit. Any use that is nonconforming solely by reason of the absence of a use permit may be changed to a conforming use by obtaining a conditional use permit.
G. Discontinuance of Use. If a legal nonconforming use is abandoned or discontinued for a period of one year or longer, the use is determined to be abandoned and cannot be continued.
H. Parking. If a use is nonconforming solely with respect to parking standards, the structure devoted to the use may be maintained and repaired, but the use may not be expanded, extended, or intensified in a manner that would increase the required number of off-street parking spaces, unless parking is provided under current standards for the addition or intensification of use only. [Ord. 14-12 § 1; Res. 14-36 § 406.03.]
Only Class I nonconforming uses may be expanded as follows with approval of a conditional use permit:
A. Within a Conforming Structure. A nonconforming use in a structure that conforms to the applicable requirements of this code and to the requirements of the building code as adopted by the city may expand the floor area that it occupies, subject to the approval of a conditional use permit; provided, that no structural alteration is proposed or made for the purpose of the expansion.
B. Within a Structure That Does Not Conform to the Building Code. Any nonconforming use in a structure that does not conform to the building code, as adopted by the city, may not expand the area it occupies until and unless the structure is brought into conformance with all applicable building code requirements.
C. Expansions to Other Structures or Lots. A nonconforming use may not be expanded to occupy all or part of another structure or another lot that it did not occupy on the effective date of this code, except as provided in MCC 18.100.030(D).
D. Area Limit. The expansion of the nonconforming use shall not exceed 50 percent of the floor area that the nonconforming use legally occupies at the time of application.
E. Abandonment. No legal nonconforming use may be resumed, reestablished, or reopened after it has been abandoned, vacated, or discontinued for a period of one year, except:
1. The legal nonconforming status of a single residence or duplex residence shall not lapse, regardless of the length of time of nonuse; or
2. The owner/operator can provide evidence of continual operation, including:
a. Monthly business receipts and an active business license with no lapse;
b. Tax returns received within the previous 12 months; or
c. Other materials acceptable by the zoning administrator. [Ord. 14-12 § 1; Res. 14-36 § 406.04.]
A. Nonconforming Building or Structure. This term means any building or structure that was lawfully established and in compliance with all applicable codes and laws, but no longer complies with all applicable regulations and standards of development in the zoning district in which it is located.
B. Right to Continue. Any legal nonconforming building or structure that was lawfully established prior to the effective date of this code or of any subsequent amendments to its text or to the zoning map may only be continued and maintained provided there is no alteration, enlargement, or addition to any building or structure; no increase in occupant load; nor any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter. The right to continue a nonconforming building or structure shall attach to the land and shall not be affected by a change in ownership. No substitution, expansion, or other change in use and no alteration or other change in structures is permitted, except as otherwise provided in this chapter. Legal nonconforming structures may be repaired, maintained, or replaced in compliance with the requirements of this section, unless deemed to be a public nuisance because of health or safety conditions.
C. Enlargements or Alterations. Nonconforming structures may be enlarged, extended, structurally altered, or repaired in compliance with all applicable laws, subject to the following provisions:
1. Alterations and enlargements that comply with the following, subject to the approval of the zoning administrator:
a. Alterations or enlargements necessary to meet city or state requirements; and
b. Alterations or enlargements necessary to meet current requirements of the zoning district in which the structure is located or otherwise allowed in that zoning district.
2. Alterations and enlargements that comply with the following are subject to approval of a conditional use permit:
a. Alterations or enlargements that extend into a nonconforming yard or height limit, where the alteration or enlargement would not:
i. Further reduce any existing nonconforming yard;
ii. Exceed applicable building height limits;
iii. Further reduce existing nonconforming lot coverage or floor area ratio requirements; and
iv. Increase the required number of off-street parking spaces unless parking is provided under current standards for the addition of the use only.
3. Alterations or enlargements up to 50 percent of floor area of a legal, nonconforming single residence or duplex residence may be made without providing any additional parking space or changes to an existing driveway; provided, that such alterations or enlargements do not increase the number of dwelling units on the lot and a conditional use permit is approved.
4. Notwithstanding the requirements of subsection (C)(3) of this section, a second unit in compliance with this code may be developed on a lot that contains a nonconforming single-unit dwelling, if the single-unit dwelling is nonconforming only because it does not meet current parking standards. The second dwelling unit may only be established when parking is provided to meet the applicable requirements of this code for both the primary dwelling and the second dwelling unit.
D. Maintenance and Nonstructural Repairs. Maintenance, nonstructural repairs, and nonstructural interior alterations are permitted to a nonconforming structure or to a structure occupied by a nonconforming use, so long as the changes and improvements do not enlarge or extend the structure.
E. Structural Repairs. Structural repairs that do not enlarge or extend the structure, including modification or repair of bearing walls, columns, beams, or girders, may be undertaken only when the building division determines that such modification or repair is immediately necessary to protect public health and safety of the occupants of the nonconforming structure, or occupants of adjacent property, or when the cost of such work does not exceed 50 percent of the appraised value of the nonconforming structure.
F. Restoration of a Damaged Structure.
1. A legal nonconforming building or structure that is damaged or partially destroyed may be restored or rebuilt if the cost of repair or reconstruction does not exceed 50 percent of the appraised value of the building or structure. Replacement of the damaged portions of the building is allowed by right; provided, that the replaced portions are the same size, extent, and configuration as previously existed.
2. If the cost of repair or reconstruction exceeds 50 percent of the appraised value of the building or structure replacement, the land and building shall be subject to all of the requirements of this code. However, the zoning administrator may approve an administrative permit for the structure to be rebuilt to the same size, extent, and configuration as previously existed as long as the previous use is continued or the original use is reestablished, as provided for in this chapter. [Ord. 14-12 § 1; Res. 14-36 § 406.05.]
The provisions of this chapter shall not apply to a use or structure that is or becomes a public nuisance. In the event that a legal nonconforming use or structure is found to constitute a public nuisance, appropriate action may be taken by the city pursuant to MCC 8.20.020, Nuisances. [Ord. 14-12 § 1; Res. 14-36 § 406.06.]
The specific purpose of this chapter is to provide standards for parking and loading facilities to accommodate the various land uses permitted by this code. It is the intent of this chapter to require the minimum number of on-site parking and loading spaces with maneuvering areas, driveways, and surface materials for the efficient movement of vehicular traffic and also to provide flexibility in meeting these requirements for sites with special needs. Additional purposes of this chapter include:
A. Ensuring the provision of safe and convenient places to park bicycles and motorcycles;
B. Providing paved surfaces and alternative dust control measures to control and reduce the amount of dust and particles released to the atmosphere;
C. Limiting the area of land consumed by parking by allowing reductions to the number of required parking spaces and sharing of parking spaces among multiple uses where appropriate;
D. Minimizing conflicts between pedestrian and vehicular circulation; and
E. Reducing the scale of paved surfaces and shading these surfaces, both of which are intended to reduce heat gain that contributes to the urban heat island effect. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.01; Ord. 14-12 § 1.]
The parking and loading requirements of this chapter apply to all development in the city. They may be modified pursuant to the provisions for certain zoning districts and overlay districts.
A. Additions to Existing Buildings and Changes in Use. When a change in use, expansion of a use, or expansion of floor area creates an increase of five percent or more in the number of required off-street parking or loading spaces, based on the initially approved and constructed facility or development, off-street parking and loading shall be provided according to the provisions of this chapter. The additional parking shall be required only for such addition, enlargement, or change in use and not for the entire building or site. A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant.
B. Alterations That Increase Number of Dwelling Units. If an alteration to an existing building increases the number of residential dwelling units on the site, off-street parking to serve the new dwelling units must be provided according to the provisions of this chapter.
C. When Required. Off-street parking and loading facilities required by this chapter shall be constructed or installed prior to the issuance of a certificate of occupancy for the uses that they serve. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.02; Ord. 14-12 § 1.]
A. Location. All required parking and loading spaces and maneuvering areas shall be located on the lot upon which the use served is located. Parking spaces may also be located upon a contiguous lot, within the same zoning district, given the number of required parking spaces are met for both sites, and a city enforceable “off-site parking agreement” is provided in accordance with MCC 18.105.070(C)(3). Parking spaces and maneuvering areas shall not be located within any RS District or in any required front or street side yard or landscaped area in any zoning district, except driveways that directly and immediately allow a vehicle to access the site from a street or abutting property. All vehicles shall enter the public rights-of-way in a forward motion except within the RS Districts when driveway access to local streets or private roadways is permitted for individual lots.
B. Standards. The following standards apply to required on-site parking and loading spaces, maneuvering areas, and access:
1. Required parking and loading spaces, maneuvering areas, and driveways shall be paved with asphalt, concrete, paving stone, or masonry to a sufficient thickness to withstand repeated vehicular traffic. The zoning administrator, in collaboration with the city engineer, may establish alternative standards for porous surface paving.
2. Required parking spaces shall be permanently marked and shall be accessible from a street or alley by a driveway or aisle such that all vehicles shall approach the street or alley in forward motion, except for single-unit dwellings and agricultural uses.
C. Compact Parking. On a site with at least 10 required parking spaces, up to 20 percent of the total required parking spaces may be compact spaces; provided, that the following standards are met:
1. Where covered parking is required all covered parking spaces shall be standard size;
2. All compact spaces are to be designated with a sign or pavement marking; and
3. Compact spaces shall be distributed throughout the parking area, with no more than eight compact spaces in a single row. No more than four compact parking spaces placed end-to-end shall make up any cluster of 10 parking spaces.
D. Accessible Parking. Accessible parking spaces shall be provided and maintained pursuant to the federal Americans with Disabilities Act and Arizonans with Disabilities Act of 1992.
E. Structured Parking. The exterior elevations of any multi-level parking structure must be designed so as to screen or conceal parked cars from view from public streets and open space on the first and second floors of the structure. The floors of structured parking garages must be screened or concealed by one or more of the following methods:
1. Ground-Floor Commercial. The garage’s ground-level street frontage (except for driveways and pedestrian entrances) for the designated front of the structure shall be improved with general retail sales, food and beverage sales, eating and drinking establishments, personal services, or similar pedestrian-oriented uses.
2. Landscaping. Landscaping shall be provided in the form of perimeter planters within openings, and/or the incorporation of hanging baskets, flower boxes, planting trellises, or desert plants.
3. Setback. A parking structure that does not incorporate ground-floor retail or other commercial use or is not otherwise screened or concealed at street frontages on the first and second levels must provide a densely planted landscaped yard that is a minimum of 10 feet in depth, or the required setback for the district in which it is located, whichever is greater.
4. Combination of Opaque Screen Walls and Open Decorative Panels. A combination of opaque screening devices and decorative panels may be used to screen parking within aboveground structures. Opaque screen walls shall not be higher than three feet six inches relative to the abutting floor height, and shall not exceed 45 percent of the aggregate surface area of the exterior wall. Decorative panels or other devices with opacity of at least 40 percent shall be used to screen the remainder. The decorative panels shall be constructed of durable materials, such as iron, steel, copper, aluminum, formed concrete, glass block, brick or other textured masonry.
F. Recreational Vehicle (RV) Parking. A single recreational vehicle may only be parked or stored on property within a residential district as follows:
1. In a driveway, exterior, or interior side yard, or the rear yard for the purpose of loading or unloading or repairs or maintenance, not to exceed 24 hours before or after a trip; or
2. In a driveway, exterior, or interior side yard, or the rear yard, if at least 10 feet from the rear property line and screened so as not to be visible from the street; or
3. In a garage or accessory structure; and
4. The vehicle does not block access to a sidewalk or driveway.
G. Size of Parking Spaces and Maneuvering Aisles. Parking spaces and maneuvering aisles shall be provided to meet the minimum dimensions required by this subsection. Screening walls, roof support posts, columns, or other structural members shall not encroach the minimum required dimensions for parking spaces. A paved space may be reduced by two feet for vehicle overhang if it abuts the landscape median.
1. Standard Parking Spaces. The minimum basic dimension for standard parking spaces is nine feet by 18 feet. Table 18.105.030.G.1 shows the dimensions of a stall and aisle according to the angle of parking spaces.
Table 18.105.030.G.1 Standard Parking Space and Aisle Dimensions
Angle of Parking (degrees) | Stall Width | Curb Length Per Stall | Stall Depth | One-Way Aisle Width | Two-Way Aisle Width |
|---|---|---|---|---|---|
Parallel | 9 ft. | 22 ft. | 8 ft. | 12 ft. | 20 ft. |
30° | 9 ft. | 18 ft. | 17 ft. 4 in. | 11 ft. | 20 ft. |
40° | 9 ft. | 14 ft. | 19 ft. 2 in. | 12 ft. | 22 ft. |
45° | 9 ft. | 12 ft. 9 in. | 19 ft. 10 in. | 13 ft. | 24 ft. |
50° | 9 ft. | 11 ft. 9 in. | 20 ft. 5 in. | 15 ft. | 24 ft. |
60° | 9 ft. | 10 ft. 5 in. | 21 ft. | 18 ft. | 24 ft. |
70° | 9 ft. | 9 ft. 8 in. | 21 ft. | 19 ft. | 24 ft. |
90° | 9 ft. | 9 ft. | 18 ft. | 24 ft. | 24 ft. |

Figure 18.105.030.G.1. Parking Spaces and Aisles
2. Compact Parking Spaces. The minimum basic dimension for compact parking stalls shall be eight feet by 16 feet. Table 18.105.030.G.2 shows the dimension of standards and aisles according to the angles of parking spaces.
Table 18.105.030.G.2 Compact Parking Space and Aisle Dimensions
Angle of Parking (degrees) | Stall Width | Curb Length Per Stall | Stall Depth | One-Way Aisle Width | Two-Way Aisle Width |
|---|---|---|---|---|---|
Parallel | 8 ft. | 22 ft. | 8 ft. | 11 ft. | 20 ft. |
30° | 8 ft. | 18 ft. | 14 ft. 11 in. | 11 ft. | 20 ft. |
40° | 8 ft. | 14 ft. | 16 ft. 5 in. | 11 ft. | 22 ft. |
45° | 8 ft. | 12 ft. 9 in. | 17 ft. | 11 ft. | 24 ft. |
50° | 8 ft. | 11 ft. 9 in. | 17 ft. 5 in. | 13 ft. | 24 ft. |
60° | 8 ft. | 10 ft. 5 in. | 17 ft. 10 in. | 16 ft. | 24 ft. |
70° | 8 ft. | 9 ft. 8 in. | 17 ft. 9 in. | 16 ft. | 24 ft. |
90° | 8 ft. | 9 ft. | 16 ft. | 21 ft. | 24 ft. |
H. Size of Parking Spaces for Loading Vehicles. Each on-site loading space required by this chapter shall not be less than 12 feet wide, 45 feet long, and 14 feet high, exclusive of driveways for ingress and egress, maneuvering areas and setbacks. The minimum size requirement may be modified if the zoning administrator finds that the applicant has satisfactorily demonstrated that, due to the nature of the proposed use, such size will not be needed. Space shall be signed for exclusive use for loading vehicle.
1. Required loading spaces:
a. Nonresidential Uses. One loading space for 15,000 – 50,000 square feet of building; two spaces if over 50,000 square feet of building.
b. Residential Uses. One loading space if 50 or more dwelling units on site.
I. Size of Parking Spaces for Motorcycles, Scooters, and Golf Carts. Motorcycle and scooter parking spaces shall have a minimum dimension of five feet by nine feet. Golf cart parking spaces shall have a minimum dimension of five feet by 10 feet. All motorcycle and scooter parking areas shall be clearly marked and dedicated to these vehicles.
J. Electric Vehicle Charging Stations. In parking facilities containing 20 or more spaces serving multiple-unit dwellings, offices, hotels, and motels, and large-scale resorts, at least five percent of parking spaces shall be electric vehicle (EV) charging stations. For all other uses, EV charging stations are eligible for sustainable development incentives under Chapter 18.125 MCC.
1. Each EV charging station shall be clearly marked with a sign reading “Electrical Vehicle Charging Station.”
2. EV charging stations may be equipped with card readers, controls, connector devices, and other equipment as necessary for public use. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.03; Ord. 14-12 § 1.]
A. Minimum Parking Requirements. Table 18.105.040.A specifies the minimum parking spaces required for each use. MCC 18.105.060 provides a procedure for reducing these requirements for reasonable cause, and MCC 18.105.070 includes provisions for alternative compliance.
Table 18.105.040.A Parking Regulations
Use | Minimum Parking Requirement |
|---|---|
Rural Uses | |
Animal and Crop Sales | 1 space per 100 s/f of sales area |
Residential Uses | |
Single Unit | |
Single Unit Detached | 2 covered spaces per dwelling |
Single Unit Attached | 2 covered spaces per unit |
Second Dwelling Unit | 1 additional space |
Duplex | 2.1 spaces per dwelling unit |
Multiple-Unit Dwelling | Guest – 0.2 space per unit Studio – 1 space per unit 1 Bedroom – 1.5 spaces per unit 2 Bedroom – 2 spaces per unit 3 Bedroom – 2.5 spaces per unit 4 Bedroom – 3 spaces per unit |
Supportive Housing; Transitional Housing | 1.2 spaces per dwelling unit for development with distinguishable dwelling units 1 space for each room plus 2 additional spaces for development with congregate dining and no distinguishable separate dwelling units |
Senior and Long-Term Care | 0.3 space per dwelling unit plus 1 per employee |
Residential and Group Care Home | 1 space per dwelling unit plus 2 additional spaces. Required spaces may be tandem |
Manufactured and Mobile Dwellings | 2 spaces for each unit (may include tandem spaces); plus 2 guest parking spaces per 10 (or fraction thereof) dwelling units for the overall development |
Public and Semi-Public Uses | |
Colleges and Trade Schools, Public and Private | 1 space per 200 s/f of classroom plus 1 per 375 s/f of office space |
Community Assembly | 1 space per 125 s/f used for public assembly |
Cultural Facilities | 1.5 spaces per 1,000 s/f |
Day Care Centers | 1 space per 375 s/f |
Educational Facility, Public and Private | 1 space per 125 s/f for public assembly space, such as auditoriums and theaters Elementary/junior high – 1 space per 300 s/f of classroom plus 1 per 375 s/f of office space Instructional – 1 space per 200 s/f of classroom plus office High school/college – 1 space per 200 s/f of classroom plus 1 per 375 s/f of office Vocational – 1 space per 200 s/f of classroom plus 1 per 375 s/f of office |
Emergency Shelters and Facilities | 1 space per 1,000 s/f |
Government Buildings | 1 space per 200 s/f |
Libraries, Cultural Institutions | 1 space per 300 s/f of public area plus 1 per 375 s/f of office space |
Hospitals and Clinics | |
Hospital | 1 space per 400 s/f |
Clinic | 1 space per 200 s/f 1 space per 150 s/f for urgent care facilities |
Parks and Recreation Facilities, Public | Campground – 1 (10' x 30') per campsite plus 1 (10' x 30') per 6 campsites plus 4 per laundry and shower facility All other – 20 per athletic field or ball diamond or 1 per 4 seats, whichever results in more spaces |
Public Safety Facility | 1 per 250 s/f of office space |
Social Service Facility | 1 space per 500 s/f |
Commercial Use Classifications Uses | |
Adult-Oriented Business | 1 space per 350 s/f |
Animal Sales, Care and Services | |
Animal Sales and Grooming | 1 space per 250 s/f of sales/service area |
Kennels | 1 space per 250 s/f of office/service space |
Riding Schools and Stables | 1 space per 2 horse stalls |
Small Animal Day Care | 1 space per 250 s/f of office/service space |
Veterinary Services | 1 space per 250 s/f of office/service space |
Automobile/Vehicles Sales and Services | |
Automobile Rentals | 1 space per 150 s/f of customer service area |
Automobile/Vehicle Repair, Major and Minor | 3 spaces per service bay plus 1 space per 100 s/f of office and sales area |
Automobile/Vehicle Sales and Leasing | 1 space per 250 s/f of interior display space; plus 1 space per 3 service bays; plus 1 space per 25 vehicles displayed outdoors |
Automobile/Vehicle Washing and Services | 1 space per 375 s/f, including service bays, wash tunnels, and retail areas Automated/self-service – 2 spaces minimum Full service – 10 spaces minimum |
Large Vehicle and Equipment Sales, Service, and Rental | 1 space per 250 s/f of interior display space |
Service Station | 1 space per 100 s/f of convenience retail sales |
Banks and Credit Unions | 1 space per 300 s/f |
Building Materials Sales and Service | Retail – 1 space per 375 s/f Wholesale – 1 space per 800 s/f |
Business Services | 1 space per 375 s/f |
Commercial Entertainment and Recreation | |
Banquet and Conference Centers | Determined by hearing officer |
Large-Scale Facility | 1 space per 500 s/f of public area Driving ranges – 1 space per tee plus ancillary use requirements |
Small-Scale Facility | 1 space per 150 s/f or sum of components (courts, day care, office, etc.), whichever is less 10 spaces plus 1 per 200 s/f in excess of 1,000 s/f |
Theaters | 1 space per 3 seats |
Golf Courses and Resorts | 2 spaces per tee plus ancillary use requirements |
Club or Lodge | 1 space per 200 s/f |
Commercial Kitchen | 1 space per 250 s/f |
Eating and Drinking Establishments | |
Bars and Lounges | 1 space per 100 s/f of customer seating area, and 1 space per 400 s/f for outdoor seating area |
Restaurants, Full Service | 1 space per 100 s/f of customer seating area, and 1 space per 400 s/f for outdoor seating area |
Restaurants, Limited Service | 1 space per 75 s/f of customer seating area, and 1 space per 400 s/f for outdoor seating area |
Restaurant, Take-Out Only | 1 space per 300 s/f of customer seating area, and 1 space per 200 s/f for outdoor seating area |
Food and Beverage Sales | |
Convenience Market | 1 space per 300 s/f |
General Market | 1 space per 300 s/f |
Liquor Store | 1 space per 350 s/f |
Specialty Food Sales and Facilities | 1 space per 300 s/f |
Funeral Parlors and Mortuaries | 1 space per 100 s/f used for public assembly plus 1 space per 400 s/f of office area |
Instructional Services | 1 space per 200 s/f of instructional area |
Light Fleet-Based Services | 1 space per 350 s/f of floor area |
Live/Work Quarters | 1 space for each 750 s/f of residential area, minimum of 1 space per unit |
Lodging | |
Hotels and Motels; Bed and Breakfast Inns | 0.8 space per room or suite of rooms with individual exits plus ancillary use requirements |
Large-Scale Resorts | Determined by hearing officer |
Maintenance, Repair, and Rental Services | 1 space per 500 s/f |
Medical Marijuana Uses | |
Dispensary Facilities | Determined by zoning administrator |
Cultivation | Determined by zoning administrator |
Nurseries and Garden Centers | 1 space per 400 s/f of sales and service building, but not less than 4 spaces per use |
Office | |
Business and Professional | 1 space per 375 s/f |
Medical and Dental | 1 space per 200 s/f |
Off-Track Betting Establishments | 1 space per 100 s/f of betting area plus 1 space per 400 s/f of office space |
Outdoor, Temporary, and Seasonal Sales | 1 space per 375 s/f of display area, but not less than 4 spaces per use |
Personal Services | 1 space per 375 s/f |
Retail Sales | |
General, Small-Scale | 1 space per 300 s/f |
General, Large-Scale | 1 space per 250 s/f plus 1 per 5,000 s/f of outdoor display area |
Tobacco Paraphernalia | 1 space per 250 s/f |
Industrial Uses | |
Artist Studio and Production | 1 space per 500 s/f but not less than 2 spaces per use |
General Industrial | 1 space per 1,000 s/f |
Light Industrial | 1 space per 600 s/f |
Research and Development | 1 space per 250 s/f |
Salvage and Wrecking | 1 space per 500 s/f |
Storage and Warehouse | |
Chemical and Mineral Storage | 1 space per 250 s/f of office area |
Indoor Warehousing and Storage | 1 space per 5,000 s/f (based on storage space), includes manager’s office |
Outdoor Storage | 1 space per 250 s/f of office area |
Personal Storage | 4 spaces plus 1 space per 20,000 s/f of storage not drive-up accessible |
Wholesaling and Distribution | 1 space per 900 s/f |
Transportation, Communication, Utility Uses | |
Airports and Heliports | 2 spaces per aircraft, plus ancillary use requirements |
Communication Facilities | |
Antennas and Transportation Towers | 1 space per service employee |
Facilities within Buildings | 1 space per service employee |
Freight/Truck Terminals and Warehouses | 1 space per 1,000 s/f |
Recycling Facilities | 1 space per 900 s/f |
Utilities | |
Major | 1 space per 250 s/f of office area |
Minor | None |
Waste Transfer Facility | 1 space per 250 s/f of office area |
B. Basis of Calculation. The on-site parking requirements specified in this section are based on gross floor area, unless otherwise stated.
1. In the case of mixed uses, the total requirements for off-street parking spaces shall be the sum of the requirements of the various uses, computed separately, as specified in this section, and the off-street parking space for one use shall not be considered as providing the required off-street parking for any other use.
2. In case of fractional results in calculating parking requirements from the chart above, the required number shall be rounded up to the nearest whole number if the fraction is one-half or greater.
C. Covered Spaces. Covered parking spaces shall be provided as follows:
1. Single-unit dwellings shall provide a minimum of two covered parking spaces per unit, one of which must be enclosed (a garage space).
2. Multiple-unit projects shall provide one covered parking space per unit.
3. Office-use developments shall provide one covered parking space per office or suite.
D. Minimum Number. All uses, except single-unit dwellings, shall provide at least four on-site parking spaces.
E. Maximum Number. The maximum number of parking spaces shall not exceed 10 percent more than the number required by Table 18.105.040.A, unless the applicant demonstrates that the additional parking is required to meet the anticipated parking demand of the proposed uses and the additional parking will not result in an overdependence on automobiles to the detriment of other modes of access to the site. Additional parking lot landscaping may be required at the discretion of the zoning administrator.
F. Credit for On-Street Spaces. On-street parking spaces located immediately adjacent to the frontage of properties may be counted toward required off-street parking at the zoning administrator’s discretion. One on-street parking space may be substituted for each required off-street space. These provisions only apply to street frontages where all-day on-street parking is allowed.
G. Calculation of Parking Requirements for Industrial Uses. The following standards apply to specified and unspecified tenant spaces in industrial buildings:
1. Specified Tenants. Where tenants are specified and listed by name of company, parking is calculated according to uses identified on the floor plan.
2. Unspecified Tenants. Where tenants are not specified, and the use described on the plans is industrial or warehouse, parking is calculated based on 25 percent of the floor space being used for office uses, and 75 percent of the space being used for warehouse use, based on the parking ratios for those uses specified in Table 18.105.040.A.
H. Uses Not Specified. The parking requirement for any use not listed in Table 18.105.040.A, such as, but not limited to, public or private rideshare parking areas, shall be determined by the zoning administrator 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 zoning administrator may require the applicant to submit a parking demand study or other information, at the applicant’s cost. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.04; Ord. 14-12 § 1.]
Regulations of this section are complemented by MCC 18.80.110, Screening, and MMC 18.90.050, Parking lot landscaping.
A. Setback of Cross Drive Aisles. Parking spaces or cross drive aisles along main drive aisles connecting directly to a street shall be set back at least 50 feet from the property line abutting the street to avoid traffic conflicts.

Figure 18.105.050.A. Setback of Cross Drive Aisles
B. Parallel Parking Spaces Abutting Wall or Fence. Each parallel parking space abutting a wall, fence, column, or other obstruction higher than one-half foot shall be increased by two feet on each obstructed side; provided, that the increase may be reduced by one-quarter foot for each one foot of unobstructed distance from the edge of a required aisle, measured parallel to the depth of the parking space.
C. Optional Double-Line Striping. Each parking space shall measure nine feet from center to center, with double stripes two feet apart.
D. Minimum Dimensions for Residential Carports. Each single-car carport shall measure at least 10 feet wide by 20 feet long. Each double carport shall measure at least 18 feet wide by 20 feet long. The width of the carport is to be measured from inside face of support to inside face of opposite support. The carport roof shall cover the entire 20-foot length of the space.
E. Surfacing. All parking spaces and driveways shall be paved and maintained with asphalt or other surface approved by the zoning administrator. Plans shall contain a cross-section of the parking lot indicating the composition and thickness of the materials to be used, as well as indicating the structural strength of the parking area. Any approval of an alternative dust-control surface by the zoning administrator shall specify and require routine maintenance method(s) and schedule. Failure by the owner of the site to maintain the alternative surface according to the approved method(s) and schedule shall be considered a violation of this code.
F. Circulation and Safety.
1. Internal Circulation.
a. Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.
b. Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety.
c. Off-street parking and loading areas shall be provided with sufficient maneuvering room so that all vehicles can enter and exit from a public street by forward motion only. This regulation does not apply to parking areas serving single-unit dwellings served by individual driveways. The maneuvering of vehicles necessary to enter or exit loading areas shall not occur on city streets.
d. Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing unreasonable distances or making other dangerous or hazardous turning movements.
2. Parking Lot Layout. No more than 200 parking spaces shall be allowed together in one group or cluster. Parking lot clusters shall be separated by landscaping, pedestrian connections, cross aisles, retention basins or similar features.
a. In office projects, a minimum of 25 percent of the required parking spaces shall be provided within 200 feet of the building served, with the balance of the required parking within 400 feet.
b. In commercial and industrial projects, a minimum of 50 percent of the required parking spaces shall be located within 300 feet of the building served.
c. In residential mixed use projects, required parking spaces shall be arranged to provide at least one parking space per unit within 200 feet of the dwelling units they are intended to serve.
d. Drive aisle intersections are to be perpendicular to each other.
e. Separate vehicular and pedestrian circulation systems shall be provided where possible.

Figure 18.105.050.G.2. Parking Lot Layout
3. Pedestrian Access in Multi-Unit Development. Multi-unit residential developments of five or more units must provide pedestrian access that is separate and distinct from driveways.
a. Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125 percent of the straight-line distance.
b. Materials and Width. Walkways shall provide at least four feet of unobstructed width and be hard-surfaced.
4. Pedestrian Access in Commercial and Mixed Use Development. Parking areas for commercial and mixed use developments that are 80 feet or more in depth and/or include 50 or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the following standards:

Figure 18.105.050.G.4. Pedestrian Access through Parking Areas
a. Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125 percent of the straight-line distance.
b. Materials and Width. Walkways shall provide at least five feet of unobstructed width and be hard-surfaced.
c. Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, a different color, or similar method.
d. Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least six inches surfaced high, bollards, or other physical barrier.
5. Pedestrian Access in Industrial Development. Parking areas for industrial developments, including manufacturing, warehousing, call centers, and similar employment uses, that are 80 feet or more in depth and/or include 50 or more parking spaces must have distinct and dedicated pedestrian access from the industrial use to parking areas and public sidewalks, according to the following standards:
a. Connection to Public Sidewalk. An on-site walkway shall connect the main building entry and/or primary employee entrance and exit to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125 percent of the straight-line distance. This distance may increase up to 50 percent of the total straight-line distance in the event the route is designed to take account of afternoon shade patterns from buildings or similar shading devices.
b. Materials and Width. Walkways shall provide at least five feet of unobstructed width and be hard-surfaced.
6. Minimum Lighting Levels. All parking and loading areas shall meet the lighting requirements of MCC 18.95.020(B).
G. Alternative Parking Area Designs. Where an applicant can demonstrate to the satisfaction of the decision-maker that variations on the dimensions otherwise required by this section are warranted in order to achieve environmental design and green building objectives, including, but not limited to, achieving certification under the LEED™ Green Building Rating System or equivalent third-party system, a specific parking area design may be approved. Sustainable development bonus incentives may be available for projects that apply alternative designs, as described in Chapter 18.125 MCC. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.05; Ord. 14-12 § 1.]
Required parking for any use may be reduced through approval of an administrative use permit.
A. Criteria for Approval. An administrative use permit for reduced parking shall only be issued if the following criteria are found to be true:
1. Special conditions, including but not limited to the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or parking facilities exist that will reduce parking demand at the site;
2. The use will adequately be served by the proposed parking, including any shaded parking; and
3. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area considering the days and times of parking demand.
B. Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, the zoning administrator may require submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces and includes any of the following information:
1. Total square footage of all uses within existing and proposed development and the square footage devoted to each type of use.
2. A survey of existing on-street and off-street parking within 350 feet of the project site.
3. Standard parking requirements for the use, based on Table 18.105.040.A.
4. Estimated parking demand for the use, using any available existing parking generation studies from the Institute for Transportation Engineers (ITE), or other professionally recognized and/or accredited sources. If appropriate parking demand studies are not available, the city may require the applicant to conduct a parking demand survey of a development similar to the proposed.
5. Comparison of proposed parking supply with parking requirements.
6. A shared parking analysis, as appropriate.
7. A description of any other characteristics of the site or measures being undertaken that could result in reduced parking demand, including but not limited to staggered work shifts, staggered opening times, telecommuting, shuttles to transit stations, or similar programs. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.06; Ord. 14-12 § 1.]
A. Authorized Alternatives. The zoning administrator is authorized to approve alternative compliance parking permits for the following:
1. Off-site parking (see subsection (C) of this section);
2. Valet parking (see subsection (D) of this section);
3. Residential special needs (see subsection (E) of this section); and
4. Community building(s) for residential development (see subsection ((F) of this section).
5. Other design requirements (see subsection (G)) of this section).
B. Applicants seeking approval of an alternative compliance parking plan must secure approval by the city’s zoning administrator.
C. Off-Site Parking. The zoning administrator may permit all or a portion of the required off-street parking spaces to be located on a remote and separate lot from the lot on which the principal use is located, subject to the standards of this section.
1. Location. No off-site parking space may be located more than 1,000 feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. This distance limitation may be waived by the zoning administrator if adequate assurances are offered that van or shuttle service will be operated between the shared lot and the principal use.
2. Zoning Classification. Off-site parking areas are accessory to the principal uses that the parking spaces serve. Off-site parking areas require the same or a more intensive zoning classification as required for the most intensive of the uses served by the shared parking area.
3. Off-Site Parking Agreement. An agreement providing for the use of off-site parking, executed by the parties involved, must be filed with the zoning administrator, in an approved form. Off-site parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. Agreements must guarantee long-term availability of the parking, commensurate with the use served by the parking. If an off-site parking agreement lapses or is no longer valid, then parking must be provided as otherwise required by this chapter.
D. Valet Parking. Valet parking may be authorized through an administrative use permit as a means of satisfying up to 100 percent of otherwise applicable off-street parking ratios. In order to approve an alternative parking plan for valet parking, the zoning administrator must determine that the proposal satisfies the approval criteria of off-site parking (see subsection (C) of this section) and that the valet parking will not cause interference with the public use of rights-of-way or imperil public safety.
E. Residential Special Needs. If a developer can demonstrate that a multi-unit residential or supportive housing project designed for residents with special needs, such as senior citizens or handicapped individuals, will not generate a need for as much parking as such a project designed for a general market, the approving body shall have the authority to allow a reduction in the number of required parking spaces. Upon conversion of a senior citizen or other special needs group housing project to a general market apartment or condominium complex, parking must be provided consistent with the requirements of Table 18.105.040.A, as amended from time to time.
F. Community Building(s) for Residential Developments. Community buildings used for the common benefit of residents within residential subdivisions or otherwise designed to be used by multiple-residence projects, such as townhouse developments, apartments, residential condominiums, or residential manufactured home parks, may substitute up to 50 percent of required full-size parking spaces with golf-cart spaces, motorcycle/scooter spaces, or bicycle parking.
G. Other design requirements listed within this chapter the zoning administrator shall evaluate, and possibly accept or recommend to the decision-making body, alternative design that meets the intent and spirit of the code. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.07; Ord. 14-12 § 1.]
A. Bicycle Parking.
1. Spaces Required. Bicycle parking is required for multi-unit residential buildings and nonresidential development. Unless otherwise expressly stated, buildings and uses subject to bicycle parking requirements must provide at least three bicycle parking spaces, or at least one bicycle space per 10 off-street vehicle parking spaces actually provided, whichever is greater. After the first 50 bicycle parking spaces are provided, the required number of additional bicycle parking spaces is one space per 20 vehicle parking spaces.
2. Design and Location. Required bicycle parking spaces must:
a. Consist of racks or lockers anchored so that they cannot be easily removed and of solid construction, resistant to rust, corrosion, hammers, and saws;
b. Allow both the bicycle frame and the wheels to be locked using a standard U-lock;
c. Be designed so as not to cause damage to the bicycle;
d. Facilitate easy locking without interference from or to adjacent bicycles;
e. Be located in convenient, highly visible, active, well-lit areas without interfering with pedestrian movements; and
f. Have minimum dimensions of two feet in width by six feet in length, with a minimum overhead vertical clearance of seven feet.
B. Motorcycle and Scooter Parking. For any nonresidential use providing 50 or more off-street spaces, a maximum of two required off-street parking spaces per 50 vehicle spaces may be reduced in size or otherwise redesigned to accommodate parking for motorcycles and scooters. When provided, motorcycle and scooter parking must be identified by a sign. Motorcycle and scooter parking spaces can be counted toward meeting the minimum number of spaces required for the development. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.08; Ord. 14-12 § 1.]
The specific purposes of this chapter are to:
A. Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B. Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and
C. Protect industry from arbitrary exclusion from areas of the city. [Ord. 14-12 § 1; Res. 14-36 § 408.01.]
The minimum requirements and standards in this chapter apply to all land uses and all developments in the city. [Ord. 14-12 § 1; Res. 14-36 § 408.02.]
Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area. [Ord. 14-12 § 1; Res. 14-36 § 408.03.]
Measurements necessary for determining compliance with the standards of this chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance. [Ord. 14-12 § 1; Res. 14-36 § 408.04.]
A. Purpose. Certain noise levels must be tolerated by all citizens in order for the normal functions of city life to continue. However, any loud, unnecessary, or unusual noise that is excessive, disruptive, and/or annoying is subject to regulation as provided in this chapter. Children playing, construction equipment, barking dogs, amplified musical instruments, trash trucks, airplanes, and loud parties are all examples of noise found within the community.
B. Prohibited Noises, Standards of Acceptable Levels.
1. The following activities listed in subsections (B)(2) through (B)(5) of this section are prohibited if they:
a. Produce any loud, unnecessary, or unusual noise that is excessive, disruptive, and/or annoying; and
b. Are continuous or intermittent for a period of at least 15 minutes; or
c. Occur after 10:00 p.m. but before 6:00 a.m. (noise produced as a result of construction or landscape maintenance on golf courses and parks may begin at 5:00 a.m.); and
d. Are plainly audible beyond the property line of the property on which conducted; and
e. Disturb the peace and quiet of a neighborhood, a reasonable person of normal sensibilities, or are not a temporary event.
2. Allowing or causing any noise by using, operating, or permitting to be played any electronic music device, television, amplifier, musical instrument, or instrument, machine or device used for the production, reproduction or emission of sound.
3. Creating or allowing any noise in connection with the loading or unloading of any vehicle.
4. Owning, possessing, harboring, or permitting any animal or bird which frequently or for continuous duration howls, barks, meows, squawks, or makes other sounds.
5. Allowing or causing any malicious or willful shouting, yelling, screaming, or any other form of raucous vocalization by a person or group of people.
C. Other Prohibited Noises.
1. Use of any automobile, motorcycle or other vehicle, engine or motor of whatever size, stationary or moving, instrument, device or thing, in such a manner as to create loud and unnecessary grating, grinding, rattling, or other noise.
2. Operating any mechanical device operated by gasoline, or otherwise, without having a muffler, in good working order and in constant operation, to prevent excessive or unusual noise and smoke; and no person shall use a muffler cutout, bypass, or similar device.
3. Operating or permitting the operation of any sound amplification system in or on a vehicle in such a manner or with such volume as to annoy or disturb the peace and quiet of any reasonable person of normal sensibilities or neighborhood in the vicinity.
4. Operating or permitting the operation of any sound amplification system in or on a vehicle in such a manner that the sound is plainly audible at a distance of 50 feet, or in such a manner that it causes a person’s normal sensibilities to be aware of vibration accompanying the sound at a distance of 50 feet.
5. Maintaining or operating an outdoor speaker that is affixed to any structure or placed upon any property where:
a. The speaker is audible for a distance of more than 50 feet from the source; or
b. The speaker is 250 feet or closer to a residential district. This restriction shall not apply to intercommunication systems that are utilized from 9:00 a.m. to 6:00 p.m. for the sole purpose of conducting the internal business affairs of the establishment.
This provision does not prohibit use of an outdoor speaker where a temporary use permit has been granted for a special event.
D. General Exemptions. The following activities are exempt from the provisions of this chapter:
1. Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster; to restore public utilities; or to protect persons or property from an imminent danger;
2. Sound made to alert persons to the existence of an emergency, danger, or attempted crime;
3. Activities or operations of governmental units or agencies;
4. Parades, concerts, festivals, fairs, or similar activities that have been approved by the city for a temporary use permit for special events;
5. Athletic, musical or cultural activities or events (including practices and rehearsals) conducted by or under the auspices of public or private schools, and public or private colleges or universities; and
6. Construction, repair, remodeling, demolition, drilling, landscape maintenance, landscaping, lawn or yard work, wood cutting, including crafts and hobbies, or excavation work conducted between 5:00 a.m. through 8:00 p.m. Mondays through Fridays. Also, a person may engage in or allow such activities at that person’s residence between 6:00 a.m. and 8:00 p.m. on Saturdays and Sundays.
E. Temporary Exemptions.
1. The city manager or designee is authorized to grant a temporary exemption from the requirements established by this chapter if such temporary exemption would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary exemption is sought.
2. A temporary exemption must be in writing and signed by the city manager or designee and must set forth the name of the party granted the exemption, the location of the property for which it is authorized, and the date(s) and time(s) for which it is effective.
3. A temporary exemption may be granted only for the period of time that is reasonably necessary to conduct the activity, which in no case may exceed 30 days, unless otherwise specified.
4. The following factors shall be considered by the city manager or designee in determining whether to grant a temporary exemption:
a. The balancing of the hardship to the applicant, the community and other persons in not granting the variance against the adverse impact on the health, safety and welfare of persons adversely affected and any other adverse effects of the granting of the variance;
b. The nearness of any residence or residences, or any other use;
c. The level of the sound to be generated by the event or activity;
d. Whether the type of sound to be produced by the event or activity is usual or unusual for the location or area for which the variance is requested;
e. The density of population of the area in which the event or activity is to take place;
f. The time of day or night which the activity or event will take place; and
g. The nature of the sound to be produced, including but not limited to whether the sound will be steady, intermittent, impulsive or repetitive.
F. Persons Responsible for Noise Violations. The person responsible for an activity that violates this section shall be deemed responsible for the violation. If the person responsible for an activity that violates this section cannot be determined, the owner, property manager or agent of the owner, sponsor of the event, lessee or occupant of the property on which the activity is located shall be deemed responsible for the violation. Any person in attendance who engaged in any conduct causing the disturbance may also be deemed responsible for the violation. After three violations on the same property, in addition to the individuals listed above, the owner of the property may also be deemed responsible for the violation.
G. Exterior and Interior Noise Limits Related to Land Use or Activities Permitted by Zoning. No use or activity permitted by the zoning code shall create noise levels that exceed the following standards. The maximum allowable noise levels do not apply to noise generated by automobile traffic or other mobile noise sources in the public right-of-way.
Table 18.110.050.G Exterior and Interior Noise Limits
Land Use Receiving the Noise | Noise-Level Descriptor | Exterior Noise Level Standard in Any Hour (dBA) | Interior Noise-Level Standard In Any Hour (dBA) | ||
|---|---|---|---|---|---|
Daytime (6:00 a.m.–10:00 p.m.) | Nighttime (10:00 p.m.–6:00 a.m.) | Daytime (6:00 a.m.–10:00 p.m.) | Nighttime (10:00 p.m. – 6:00 a.m.) | ||
Residential | L50 Lmax | 55 70 | 45 60 | 40 55 | 30 45 |
Medical, convalescent | L50 Lmax | 55 70 | 45 60 | 45 55 | 35 45 |
Theater, auditorium | L50 Lmax | - - | - - | 35 50 | 35 50 |
Church, meeting hall | L50 Lmax | 55 - | - - | 40 55 | 40 55 |
School, library, museum | L50 Lmax | 55 - | - - | 40 55 | - - |
1. Adjustments to Noise Limits. The maximum allowable noise levels of Table 18.110.050.G, Exterior and Interior Noise Limits, shall be adjusted as follows. No more than one increase in the maximum permissible noise level shall be applied to the noise generated.
a. Ambient Noise. If the ambient noise level at a noise-sensitive use is 10 dBA or more below the standard, the allowable noise standard shall be decreased by five decibels.
b. Duration. The maximum allowable noise level (L50) shall be increased as follows to account for the effects of duration:
i. Noise that is produced for no more than a cumulative period of 15 minutes in any hour may exceed the noise limit by five decibels;
ii. Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the noise limits by 10 decibels; and
iii. Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the noise limits by 15 decibels.
c. Character of Sound. If a noise contains a steady audible tone or is a repetitive noise (such as hammering or riveting) or contains music or speech conveying informational content, the maximum allowable noise levels shall be reduced by five decibels.
H. Acoustic Study. The zoning administrator may require an acoustic study, at the applicant’s sole cost, for any proposed project that could be exposed to noise levels exceeding the limits in Table 18.110.050.G. When the zoning administrator has determined that there could be cause to make adjustments to the standards, a minimum 24-hour duration noise measurement shall be conducted. The noise measurements shall collect data utilizing noise metrics that are consistent with the noise limits presented in Table 18.110.050.G; e.g., Lmax (0 minutes), L02 (1 minute), L08 (5 minutes), L25 (15 minutes) and L50 (30 minutes). An arithmetic average of these ambient noise levels during the three quietest hours shall be made to demonstrate that the ambient noise levels are regularly 10 or more decibels below the respective noise standards. Similarly, an arithmetic average of ambient noise levels during the three loudest hours should be made to demonstrate that ambient noise levels regularly exceed the noise standards.
I. Noise Attenuation Measures. Any project subject to the acoustic study requirements of subsection (H) of this section may be required as a condition of approval to incorporate noise attenuation measures deemed necessary to ensure that noise standards are not exceeded.
1. New noise-sensitive uses (e.g., schools, hospitals, churches, and residences) shall incorporate noise attenuation measures to achieve and maintain an interior noise level of 45 dBA.
2. Noise attenuation measures identified in an acoustic study shall be incorporated into the project to reduce noise impacts to satisfactory levels.
3. Emphasis shall be placed upon site planning and project design measures. The use of noise barriers shall be considered and may be required only after all feasible design-related noise measures have been incorporated into the project. [Ord. 14-12 § 1; Res. 14-36 § 408.05.]
No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. [Ord. 14-12 § 1; Res. 14-36 § 408.06.]
No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the lot lines of a site. Odors from temporary construction, demolition, and vehicles that enter and leave the site (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. [Ord. 14-12 § 1; Res. 14-36 § 408.07.]
Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase in excess of five degrees Fahrenheit on another property. [Ord. 14-12 § 1; Res. 14-36 § 408.08.]
All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Fire fighting and fire suppression equipment and devices standard in industry shall be approved by the fire department. All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the fire department deems it a practical necessity. [Ord. 14-12 § 1; Res. 14-36 § 408.09.]
The purpose of this chapter is to establish comprehensive provisions that will eliminate confusing, distracting and unsafe signs, establish reasonable regulations to promote economic vitality for local organizations and services, and enhance the visual environment of the city of Maricopa. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.01.]
The intent of these provisions is to maximize establishment identification, minimize visual clutter, and maintain a high quality of signs throughout the city. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.02.]
The regulations, requirements, and provisions set forth in this chapter shall apply to all signs erected, placed, or constructed within the city. This includes all signage in an approved comprehensive sign plan, wall signs, under canopy signs, monument signs, individual sign panels on a multi-tenant monument sign (which may require a structural permit from the building safety division), temporary banners, and as deemed necessary by the zoning administrator. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.03.]
A. Permits Not Required. Permits are not required for the following signs; provided, that such signs are subject to all other provisions of this chapter. An electric permit is required for all exterior electronic signs.
1. Standard sign maintenance;
2. Yard, carport or garage sale signs;
3. Political signs;
4. Real estate and open house signs. See MCC 18.115.120(C) for regulations;
5. Nameplate signs for individual residences;
6. Messages painted directly on, or adhesive vinyl film affixed to, the exterior surface of existing mineral glass windows; except that the aggregate square footage of such signs shall be calculated as window signage;
7. Signs required by a county, state or federal agency provided such signs are regulated by those agencies and signs are posted per the regulations as determined by the governing agency;
8. Portable signs.
B. Exempted Signage. The provisions of this chapter shall not apply to the following:
1. Pennants or insignia of any nation, state, county, city, or school;
2. Memorial plaques, statuary or remembrances of persons or events noncommercial in nature, or building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure;
3. Works of fine art, historic or cultural artifacts when not displayed in conjunction with a commercial enterprise that may derive direct commercial gain from such display;
4. Temporary decorations or displays celebrating the occasion of traditionally accepted patriotic, religious or local holidays or events;
5. Signs that are relevant to the function of the property that are not visible beyond the boundaries of the lot or parcel upon which they are located, or from any public right-of-way;
6. Signs displayed within the interior of a building;
7. The placement and maintenance of official traffic, fire and police signs, signals and devices and markings of the state of Arizona and the city of Maricopa or other authorized public agency, and the posting of notices as required by law;
8. Signs displayed during recognized holidays as identification of temporary sales areas for trees and similar holiday items in conjunction with an approved temporary use permit. Such signs shall be exempted only when displayed within 30 days of the recognized holiday. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.04.]
A. Prohibited Signs. Any sign not specifically listed as permitted by this chapter is prohibited, including but not limited to the following:
1. Billboards;
2. Signs mounted, attached, or painted on trailers, boats, or motor vehicles primarily, or left in a location for more than 24 hours, stored, or displayed in a manner intended to attract the attention of the public for advertising purposes. This does not prohibit the identification of a firm or its principal products on a vehicle operating during the normal course of business for an organization or being taken home;
3. Signs attached to any utility pole or structure, street light, traffic signal, tree, fence, fire hydrant, park bench or other location on public property, unless otherwise specifically addressed in this chapter;
4. The use of pennants, banners, balloons, streamers, and similar displays, except as permitted in MCC 18.115.120;
5. Off-site signs, except those listed in MCC 18.115.120 and 18.115.130;
6. Subdivision weekend directional signs (bandit signs);
7. Signs displayed in a manner or locations that prevent free ingress and egress from a door, window or other exit;
8. Signs displayed in a location in such a manner as to obstruct or interfere with an official traffic sign, signal or device, or signs that obstruct or interfere with the driver’s view of approaching, merging or intersecting traffic and signs within the road medians or signs that are otherwise prohibited by this chapter;
9. The use of reader panel signs, except as permitted in MCC 18.115.080;
10. Signage on wireless communication facilities unless otherwise required by the city;
11. Signs placed on walls, utility poles and housings, traffic control poles, or control panels, and mailboxes. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.05.]
A. Sign Area. “Sign area” is defined and shall be measured as follows:
1. Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy shall be measured as that area within the outside dimensions of the background panel or surface. The base of a freestanding monument sign shall not be calculated as sign area unless said base contains signage.
2. Sign copy mounted as individual letters and/or graphics against a wall, fascia, or other structure that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy shall be measured as a sum of the smallest rectangle that will enclose each word, grouping of such letters, words, or graphics in the total sign copy.

Figure 18.115.060.A.2. Sign Area
3. Multi-face signs shall be measured as follows:
a. A double-faced sign shall be considered as one sign when determining the sign area, provided both faces are parallel and the distance between faces does not exceed two feet or the interior angle between the two sign faces is 45 degrees or less. If the interior angle is greater than 45 degrees or two feet, the sign area shall be the sum of the area of the two faces and shall be considered as two signs.
b. Where a sign has three or more faces, the area of the sign shall be calculated as the total sum of the area of all faces and shall be considered as three signs.

Figure 18.115.060.A.3.b. Multi-Face Signs
c. Where a sign is a spherical, free-form, sculptural or other nonplanar sign, the sign area shall be 50 percent of the sum of the area of the sides of the smallest polygon that will encompass the sign structure.

Figure 18.115.060.A.3.c. Nonplanar Signs
4. The aggregate sign area for all signs on a lot or parcel shall be the sum of the areas of all the signs except the area for the following:
a. Directional signs, assisting in the flow of traffic, which do not exceed an area of three square feet or a height of three feet and do not include advertising or logos;
b. Street address wall signs, which do not exceed an area of two square feet;
c. Signs necessary for safety, which do not exceed an area of two square feet or height of three feet;
d. For sale, lease, or rent signs.
B. Sign Height. “Sign height” is defined and shall be measured as follows:
1. The height of a freestanding monument sign shall be measured as the vertical distance from the top of the highest element of the sign or sign structure to the top of the curb or sidewalk, or the street grade of the nearest adjacent roadway where no curb exists. The height of any monument base or other structure erected to support or ornament the sign, above curb, sidewalk, or street grade, shall be measured as part of the sign height.
2. Wall or fascia sign height shall be measured as the vertical distance to the top of the sign or sign structure from the base of the wall on which the sign is located. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.06.]
A. Permit Required. A zoning permit shall be required for all signs except those signs specified in MCC 18.115.040, Exempt signs. The city of Maricopa shall issue a zoning permit only if the proposed sign, construction, alteration, re-erection, maintenance, and location of the sign comply with these regulations.
B. Code Compliance. All signs shall be structurally designed, constructed, erected and maintained in accordance with all applicable provisions and requirements of the city adopted codes.
C. Maintenance. All signs and sign structures, conforming and nonconforming, shall be maintained in good order, repair, and appearance at all times so as not to constitute a danger or hazard to the public safety or create visual blight as determined by the zoning administrator.
D. Visibility. Signs shall not be located in a manner that interferes with pedestrian or vehicular travel, or poses a hazard to either pedestrians or vehicles, or within the specified sight visibility triangle.
E. Signs in the Public Right-of-Way. Signs shall not be located within or projecting over any public street, right-of-way, or other public property, except for city of Maricopa approved kiosk sign structures, under canopy signs and projecting signs as permitted by this code. The city may install signs on its own property.
F. Illumination Adjacent to Residential Districts. Signs directly facing residential districts shall not be illuminated.
G. Concealed Electrical Systems. The source of the sign’s illumination, except neon illumination, shall not be visible from any street, sidewalk, or adjacent property. This shall not preclude the use of neon sign elements that shall be limited to use within the commercial zoning districts only.
H. Concealed Mechanical Systems. There shall be no visible angle iron supports, guy wires, braces or secondary supports except in the case of under canopy signs. All sign supports shall be an integral part of the sign design.
I. Conflict with Other Provisions. Where there is a conflict between these regulations and other city regulations or a comprehensive sign plan, the more restrictive shall apply.
J. Planned Area Developments. Signage within approved planned area developments (PAD) may deviate only from the requirements governing the total aggregate sign area and sign dimensional requirements of this chapter provided the PAD or MPD has an approved comprehensive sign plan, and all proposed signage within the PAD is in compliance with an approved comprehensive sign plan.
K. Signs Creating a Traffic Hazard or Affecting Pedestrian Safety. Signs and/or banners shall not be placed in such a manner that they obstruct city required informational, traffic or safety signs.
L. Height. The overall building height is inclusive of any signs projecting above the building or roofline.
M. Administrative Interpretation and Discretionary Approval.
1. Interpretations of this chapter may be made by the zoning administrator pursuant to this section. All interpretations of this chapter are to be exercised in light of the policies, purposes and intent set forth herein.
2. Whenever a sign permit or other approval is subject to discretion, such discretion shall not be exercised as to message content, but instead shall be directed to structural and location factors, including, as applicable:
a. Whether the location and placement of the sign will endanger motorists;
b. Whether the sign will cover, blanket or interfere with any prominent view of a structure or façade of historical or architectural significance;
c. Whether the sign will obstruct views of users or adjacent buildings to side yards, front yards or open space;
d. Whether the sign will negatively impact the visual quality of a public open space, such as a public recreation facility, square, plaza, park, courtyard and the like;
e. Whether the sign is compatible with building heights of the existing neighborhood;
f. Whether the sign’s lighting or illumination system will cause hazardous or unsafe driving conditions for motorists.
N. Lighting. All lighting for signage shall be in conformance with the adopted city of Maricopa codes.
O. Electrical Signs. Where permitted, all electric digital signs shall comply with the following requirements:
1. Each message displayed on an electronic sign must be static or depicted for a minimum of 30 seconds.
2. Where text is displayed on a background, the text shall be brighter than the background, i.e., dark text shall not be displayed on a bright background.
3. Electronic signs may not contain animation or any flashing of lights, moving lights, or any type of video.
4. Lighting from the sign must not exceed an intensity of 0.5 foot-candles of light at the property line.
P. Government signs displaying government speech are exempt from regulation. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.07.]
For all signs within the residential and rural zoning districts the following shall apply. Additionally, any residential district that has an approved PAD or MPD may apply for a comprehensive sign plan.
A. Total Signage.
1. Multiple Unit Uses. Only one sign per individual unit or dwelling may be permitted. A maximum of two freestanding monument signs per development may be permitted.
2. Nonresidential Uses. Maximum of one wall sign and one monument sign may be permitted. If located on a corner lot a maximum of two wall signs, one per public street frontage, and one monument sign may be permitted.
B. Multiple Unit Uses. Within the RH, RM, and RMHP districts:
1. Building number or letter signs for multiple building developments shall be in compliance with fire department requirements and shall not be counted as part of the aggregate sign area.
2. A maximum of two freestanding monument identification signs with an aggregate area of 24 square feet may be permitted per development. The maximum height shall be five feet. Signs should be located near the main entrance(s).
C. Nonresidential Uses.
1. Examples of nonresidential uses in a residential district include, but are not limited to, assembly uses, schools, public buildings, assisted living facilities (with more than five persons receiving care) and farms, but do not include home occupations.
2. One wall-mounted sign per lot or parcel not exceeding 32 square feet in area shall be permitted.
3. Additionally, any complex/single building development in excess of 15,000 square feet (gross floor area) may submit a comprehensive sign plan to be reviewed and approved by the city.
4. One freestanding monument sign shall not exceed 32 square feet in area nor a height of five feet, may be permitted.
D. Residential Freestanding or Monument Signage.
1. Up to two entryway wall or monument sign locations may be permitted for each arterial roadway frontage of a residential development. The signage shall be integrated to complement the streetscape and landscaping frontages. A maximum aggregate area of no more than 48 square feet per subdivision nor more than one sign on each side of the entry, if wall mounted, may be permitted. Backlit signs are preferred; using external spotlights to light signage is strongly discouraged. All lighting shall be in conformance with the adopted city codes.
E. Reader Panel Signs.
1. Assembly uses may use up to one-half of the allowed freestanding monument sign area for a reader panel. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.08.]
For all signs within the commercial and industrial zoning districts the following regulations shall apply. Additionally, any complex of two or more organizations or any single building development in excess of 5,000 square feet (gross floor area) may submit a comprehensive sign plan and any single building development in excess of 25,000 square feet shall be required to submit a comprehensive sign plan to be reviewed and approved through an administrative use permit.
A. Total Signage.
1. The combination of all of the below types and styles of allowed signage shall be included in calculating the total aggregate sign area, except where specifically excluded or otherwise exempted by this chapter. For corner buildings or developments only the main entrance frontage shall be measured when determining the allowable signage.
2. The combined total aggregate sign area of all signs for any one organization in commercial, mixed-use, office and industrial zoning districts shall not exceed 100 square feet.
B. Wall or Building Signage.
1. The sign area for any one organization or individual tenant shall not exceed one and one-half square feet for each two linear feet of street or store frontage with the maximum not to exceed 32 square feet.
2. Single buildings/organizations with less than 25,000 square feet (gross floor area) are allowed one wall or building sign per organization.
3. Single buildings/organizations with two street frontages are allowed one wall sign per street frontage.
4. Signage shall not extend horizontally a distance greater than 50 percent of the width of the building wall on which it is displayed.
C. Freestanding or Monument Signage.
1. One freestanding identification sign shall be permitted per development, per street frontage.
2. The sign shall not exceed six feet in height.
3. For a single tenant building the sign area shall not exceed one and one-half square feet for each two lineal feet of street frontage with the maximum not to exceed 32 square feet.
4. If street frontage is not available then the allowable sign area may be based on the lineal feet of store frontage at a ratio of one square foot of signage for each five linear feet of store frontage.
5. For multiple building developments or commercial centers: One sign may be permitted on any lot with 100 feet of street frontage and one additional freestanding sign for every 300 feet of street frontage over 100 feet for the entire development. The individual buildings within the development and/or the PAD sites within the commercial center shall not be considered as separate developments. The minimum distance between two signs on the same street frontage shall be 300 feet. Each sign may be eight feet high and a maximum of 48 square feet in area. One-half of the monument sign area may be a changeable message sign, subject to administrative approval.
6. Up to one-half of the allowed freestanding monument sign area for a reader panel may be digital.
D. Driveway and Drive-Through Signs.
1. One sign per complex entrance may be used when useful to identify the location of various buildings, offices, or organizations within a complex. A directory sign may be internally illuminated, externally illuminated, or nonilluminated and have a maximum area of six square feet, and a maximum height of six feet, and shall not be included in calculating the total aggregate area for signage allowed on a parcel or lot or for a particular organization.
2. One driveway or drive-through sign may be used for each entrance and exit to or from a parking area or drive-through lane provided that the sign is limited to three square feet in area and four feet in height. A driveway or drive-through sign may be double faced.
3. Each drive-through lane and/or drive-in restaurant may be permitted one sign without a call box and one sign with a call box. These boards may be freestanding or wall-mounted and shall be located not less than 45 feet from the street property line.
4. The front of the board shall not be visible from the public street. Call boxes shall be oriented away from adjacent residential uses or screened in a manner to diffuse the sound emitted from the call box beyond the drive-through lane.
5. Maximum sign area per drive-through area shall not exceed 48 square feet and shall not be included in calculating the total aggregate area for signage allowed on a parcel or lot or for a particular organization.
6. The sign shall not exceed six feet in height.
7. Signs with call boxes fronting roadways shall be screened with a decorative wall and/or landscaping.
E. Window and Interior Display Signage.
1. The total aggregate area of all window and interior display signs shall not exceed 50 percent of the total area of the windows through which they are visible.
F. Flags.
1. Flagpoles shall not exceed 50 feet in height, measured from the top of grade to top of pole.
2. United States and state of Arizona flags shall be maintained with flag etiquette.
3. A maximum of three poles per site will be permitted.
G. Awning Signs.
1. A maximum of 25 percent of the front face area of the awning may be used for signage.
2. Signage shall be specific to the tenant.
H. Under Canopy Signs and Projecting Signs.
1. One under canopy sign or projecting sign which is designed and oriented primarily for the aid of pedestrians may be allowed per primary organization and shall be located immediately adjacent to the organization it identifies.
2. Shall have an eight-foot minimum clearance between the bottom of the sign and the sidewalk.
3. Projecting and under canopy signs shall not project less than six inches nor more than three feet from the building wall or building face.
4. Under canopy signs shall have a maximum area of three square feet.
5. Projecting signs for each ground-floor organization, on a street, shall not exceed one square foot for each linear street frontage of organization, up to a maximum of 15 square feet.
6. Sign shall be specific to the primary tenant.
7. A wall or fascia sign is not permitted if a projecting sign is used to identify the organization on the same wall.
I. Gasoline Service Station Signs.
1. One freestanding sign per street frontage on which the service station has frontage; but not including freeway or interstate frontage.
2. Maximum sign area shall not exceed 12 square feet.
3. Maximum sign height for a freestanding sign shall not exceed six feet.
4. One canopy sign per street frontage.
5. Maximum sign area of canopy sign shall not exceed 12 square feet per sign.
6. Price sign cannot be located on the canopy or building. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.09.]
For all signs within open space, public and institutional districts, the following shall apply:
A. Wall Sign.
1. One wall-mounted sign per lot or parcel not exceeding six square feet in area may be permitted.
B. Freestanding Sign.
1. One freestanding sign per entrance not exceeding 12 square feet in area nor a height of five feet may be permitted.
C. Directional or Informational Signage.
1. No more than one directional or informational sign per complex entrance may be used when useful to identify the location of various facilities within a complex. A directory sign may be internally illuminated, externally illuminated, or nonilluminated and have a maximum area of six square feet.
D. Banners.
1. Sign shall be one sided and may only be displayed on park fences facing internally to the park. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.10.]
For all city of Maricopa facilities (city of Maricopa facilities include but are not limited to City Hall, libraries, fire stations, community centers, police stations, city parks, etc.), the following regulations shall apply:
A. Wall or Building Signage.
1. Sign shall not exceed one and one-half square feet for each two linear feet of street or building frontage with the maximum not to exceed 32 square feet.
2. Signage shall not extend horizontally a distance greater than 50 percent of the width of the building wall on which it is displayed.
3. Only one wall or building sign per facility.
4. The city may submit a comprehensive sign plan.
B. Freestanding or Monument Signage.
1. One freestanding identification sign shall be permitted per city facility and may include only the name of the facility and the address.
2. The sign shall not exceed six feet in height. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.11.]
A. General Criteria for Temporary Signs. General criteria and limitations are by zoning district.
B. Signs must be maintained in a safe condition and not cause blighting.
C. A-Frame, T-Frame and Banner Signs. A-frame, T-frame and banner signs are unlawful if they do not meet the criteria and limitation set forth in the following Tables 18.115.120.B and 18.115.120.C.
1. A-frame, T-frame and banner signs are permitted in all zoning districts but may be placed in single-family residential zoning districts only in conjunction with nonresidential uses.
2. Unless otherwise specifically allowed herein, A-frame, T-frame and banner signs must be located on the parcel or organization advertised thereon, supported by a base of sufficient weight and durability to withstand wind gusts, constructed of durable material (i.e., no paper, cardboard or similar material) and maintained in a professional manner free from fading, tearing, and tattering.
3. A-frame, T-frame and banner signs shall not be placed in raised or painted medians, with stakes fastened to or driven into concrete, or on equestrian or multi-use trails.
4. A-frame and T-frame signs must be placed and displayed at grade level.
5. Off-site temporary signs must have the responsible person or owner name and contact number displayed on the sign.
6. Authority to Remove Unauthorized Signs. The city’s code enforcement officer may remove unauthorized signs. Unauthorized signs so removed shall be disposed of after the city provides notice to the organization, responsible person, or establishment identified by the sign. A notice shall be sent within five days of the removal notifying the organization, responsible person, or establishment to claim the unauthorized sign at a location specified in the notice within a specified time period. If unclaimed after the time period lapses, the city may dispose of the sign. If an organization, responsible person or establishment is not identified by the sign, the sign may be disposed of no sooner than five days after removal.
Table 18.115.120.A Temporary Signs: Criteria and Limitations Residential Use in Residential Zones
Temporary Sign Type Residential | General Criteria |
|---|---|
Maximum Number of Signs per Parcel | Maximum of one temporary sign within a five- to 10-foot setback of the right-of-way (ROW), on private property and up to four signs within five feet of the primary structure, on private property |
Maximum Combined Sign Area | 6 square feet |
Maximum Sign Height, Freestanding | 4 feet |
Minimum Setback From Street Edge (must also be on private property) | 5 feet |
Minimum Spacing From Any Other Sign (Temporary) | 10 feet |
Permit Required | No |
Permission of Owner Required | Yes |
Allowed Within Sight Visibility Triangle | No |
Movement Allowed | No |
Allowed on Roof | No |
Table 18.115.120.B Temporary Signs: Criteria and Limitations Nonresidential Use in Residential Zone
Temporary Sign Type Residential – Nonresidential Use | General Criteria | A-Frame and T-Frame Signs | Banner Signs | Flying Banner Signs |
|---|---|---|---|---|
Maximum Number of Signs per Parcel1 | 1 | Up to 101 | 1 | 1 |
Maximum Sign Area | 6 square feet | 6 square feet | 32 square feet | 12 square feet |
Maximum Sign Height, Freestanding2 | 4 feet | 4 feet | 4 feet | 15 feet |
Maximum Sign Height, Wall Sign | 4 feet | NA | 8 feet | NA |
Minimum Setback From Street Edge (must also be on private property)3 | 10 feet 20 feet if located on State Route | 10 feet 20 feet if located on State Route | 10 feet | 20 feet |
Minimum Spacing From Any Other Sign (Temporary)2 | 5 feet | 5 feet | 30 feet | 30 feet |
Permit Required | No | No | Yes | Yes |
Permission of Owner Required | Yes | Yes | Yes | Yes |
Allowed Within Sight Visibility Triangle | No | No | No | No |
Movement Allowed | No | No | No | Yes |
Allowed on Roof | No | No | No | No |
Duration | Up to two hours prior to event and two hours after the event has concluded. | Signs and displays shall not be displayed for longer than 30 days for signs requiring a permit. A minimum of 14 days shall pass between each such display, after which a new permit shall be required. | ||
1In residential zoning districts, each single-family residential lot with at least one principal structure may place up to 10 off-site temporary signs for the purpose of directing the public to a nonresidential use activity (e.g., real estate open house, garage/yard sale, estate sale). No more than one sign per turning movement within one mile from event shall be displayed. Signs shall be constructed of durable material, not exceed six square feet in area per sign and shall be maintained in good repair.
2Not applicable to flags displayed on flagpoles.
3Minimum sign setbacks are measured from back of curb or, in the event there is no curb, the edge of pavement.
Table 18.115.120.C Temporary Signs: Criteria and Limitations for Nonresidential Zones
Temporary Sign Type Nonresidential | General Criteria | A-Frame and T-Frame Signs | Banner Signs | Flying Banner Signs |
|---|---|---|---|---|
Maximum Number of Signs per Parcel1 | 1 | 1 | 1 | |
Maximum Sign Area | 6 square feet | 6 square feet | 32 square feet | 12 square feet |
Maximum Sign Height, Freestanding | 4 feet | 4 feet | 8 feet | 15 feet |
Minimum Setback From Street Edge (must also be on private property)4 | 10 feet | 5 feet | 10 feet | 10 feet |
Minimum Spacing From Any Other Sign (Temporary or Permanent) | 20 feet | 20 feet | 30 feet | 30 feet |
Permit Required | Yes | No | Yes | Yes |
Permission of Owner Required | Yes | Yes | Yes | Yes |
Allowed Within Sight Visibility Triangle | No | No | No | No |
Allowed on Sidewalk | Only A-frames and no more than 1/3 of the width of a sidewalk may be obstructed and must provide at least five feet of sidewalk clearance. | |||
Movement Allowed | No | No | No | Yes |
Allowed on Roof | No | No | No | No |
Duration | Sunup to sundown during hours when organization is open for inspection. | Signs and displays shall not be displayed for longer than 30 days for signs requiring a permit. A minimum of 14 days shall pass between each such display, after which a new permit shall be required. | ||
1The combined total number of signs (including flying banner signs, A-frame signs, and T-frame signs) shall not exceed four per organization.
2One per public street frontage.
3Construction sites with an active building permit shall be allowed to display one banner sign per contractor until completion of the building or when a certificate of occupancy is issued. Setbacks do not apply to wall signs or signs affixed to a temporary construction fence.
4Minimum sign setbacks are measured from back of curb or, in the event there is no curb, the edge of pavement.

Sight Visibility Triangle
D. Special Event Signage.
1. Off-Site Event/Directional Signs.
a. A sign plan shall be required in conjunction with the special event permit. Said sign plan shall show the proposed location, placement, and size of all off-site event/directional signs.
b. Directional signs shall be no greater than four square feet and event signs shall be no greater than 32 square feet. Said signs may be permitted within the city right-of-way, excluding medians, in accordance with the approved sign plan for an approved special event permit and an approved right-of-way permit.
c. Directional signs may be placed 24 hours prior to event and event signs may be placed five days prior to the event or as specified in the approved special event permit request and shall be removed within 48 hours after the conclusion of the event.
E. Political Signs.
1. Political signs are permitted in all districts.
2. All other requirements shall adhere to A.R.S. § 16-1019, as may be amended from time to time.
F. Builder Sign Plan. A builder sign plan shall be approved by zoning permit and is required for each model home complex prior to any certificate of occupancy being issued for a temporary use permit for sales trailer/model home complex. The following shall apply for the builder’s sign plan:
1. A zoning permit for a builder sign plan is valid for one year from the date of issuance. A builder sign plan may be renewed annually upon formal application to the city.
2. All signs permitted per the builder sign plan shall be removed upon the expiration of the temporary use permit.
3. On-site signage shall mean the lot(s) for the specific temporary use permit. A maximum of 240 square feet total of on-site signage is permitted for each builder in a recorded subdivision plat. Sign area includes items such as builder/real estate signs, model home complex signs, banners, awnings, and flags. All signs less than 32 square feet shall be set back a minimum of 10 feet from the front yard lot line and shall not encroach upon sight visibility triangle. The height of any sign shall be a maximum of 12 feet.
4. No more than two builder signs shall be allowed and no larger than 96 square feet of sign area. Builder signs shall be limited to 12 feet in height and shall be set back a minimum of 10 feet from the right-of-way.
5. Flags are permitted, not to exceed 15 feet in height. Flags shall be spaced a minimum of 40 feet apart and shall be set back a minimum of five feet behind the right-of-way. Maximum of three flagpoles allowed per lot in the temporary use permit. Each flag shall have a maximum area of 12 square feet, may contain lettering or logo, and may not be higher than 15 feet above grade.
6. No more than one flagpole may be placed per temporary use permit. Flagpoles shall be limited to 50 feet in height.
7. No builder signage shall be allowed to be placed outside the recorded subdivision in which the builder is located.
G. Sign Walkers.
1. Sign walkers shall be located 30 feet from a street or driveway intersection measured from the back of the curb or edge of pavement if no curb exists.
2. Once 30 feet from the street or driveway intersection, the sign walker must stand at least five feet back from the roadway, measured from the back of curb or edge of pavement if no curb exists.
3. Sign walkers must maintain a minimum distance of 20 feet from any other sign walker.
4. Signs held by sign walkers must be held, worn, or balanced at all times. At no time is a sign walker allowed to toss or throw their sign.
5. Sign walkers shall allow a minimum distance of four feet for pedestrian passage on all sidewalks and walkways.
6. The following elements are prohibited for use on the signs held by sign walkers:
a. Any form of illumination, including flashing, blinking, or rotating lights.
b. Animation on the sign itself.
c. Mirrors or other reflective materials.
d. Attachments including but not limited to balloons, ribbons and speakers. [Ord. 24-01 § 2; Ord. 23-31 § 1; Res. 22-12; Ord. 22-03 § 2; Ord. 21-18 § 1; Ord. 14-12 § 1; Res. 14-36 § 409.12.]
A. Kiosk Signs. Sign panels on a city approved kiosk structure may be or double faced. Maximum sign height for a single sign structure (kiosk) shall be 12 feet.
1. Sign panels shall be located on designated city kiosk structures within the public right-of-way, or, upon finding that such location will not permit adequate information, kiosk structures may be approved on private property (with a sign easement designating the city as a third-party beneficiary) with the written permission of the property owner. Such permission shall include the consent of the property owners to allow the city, in the event of noncompliance, to enter said property and remove the sign. A kiosk location plan shall be prepared showing the site of each kiosk and shall be submitted to and approved by the zoning administrator or their designee, prior to the acceptance of a zoning permit application.
2. No kiosk sign shall be placed within 100 feet of another except when they are on opposite sides of the same street.
3. Any sign panels shall conform to colors and design standards approved by the zoning administrator or their designee.
5. Any sign panel approved for a project within the city shall not be changed to another project without prior approval of the zoning administrator. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.13.]
A. Approval of a zoning permit is required for constructing or altering any nonexempt sign. A zoning permit application shall be made in writing on forms provided by the city. The following information shall be required as part of all zoning permit applications:
1. Owner’s name, address, telephone and fax numbers.
2. Sign contractor’s name, address, telephone and fax numbers.
3. Inventory of all existing signs on the property showing the type and dimensions of each sign as well as a site plan showing the locations of each sign.
4. Fully dimensioned plans and elevations showing the dimensions, design copy, and location of each proposed sign in relation to the property line(s) and public right-of-way.
5. Plans indicating the scope and structural detail of the work to be done, including details of all connections, supports, footings, and materials to be used.
6. Required information for an electrical permit for all signage illumination.
B. Two copies of all information listed in subsection (A) of this section shall be submitted with the application for each sign, one copy being returned to the applicant at the time the permit is issued.
C. Before issuing any zoning permit required by this code, the city shall collect a fee in accordance with a fee schedule established by the city council. If work for which a permit is required by this code is started before a permit has been issued, the fees specified above shall be doubled. The payment of such double fee shall not relieve any persons from complying fully with the requirements of this code in the execution of the work or from any penalties prescribed herein.
D. All signs for which a permit is required shall be subject to inspections or additional permits during various stages of construction as prescribed by the city building safety division and the city zoning permit number affixed to each sign. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.14.]
A. An administrative use permit for comprehensive sign plan shall comply with the standards and submittal requirements as outlined below. A comprehensive sign plan is intended to provide for the establishment of signage criteria that are tailored to a specific development location, and which may vary from specific code provisions. The intent is to provide flexible sign criteria that promote superior design through architectural integration of the site, buildings and signs. A comprehensive sign plan shall demonstrate consistency and uniformity among all signs. Additionally, all signs with an approved comprehensive sign plan must have an approved zoning permit with the city and any additional permits as necessary.
B. The requirements of a comprehensive sign plan shall apply for any organization and/or development within a related project even if the properties have been subdivided. A comprehensive sign plan shall be evaluated based upon the following criteria:
1. Placement. All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include the purpose of the sign, its location relative to traffic movement and access points, site features and structures. In commercial centers in which some tenants are in locations having little or no street visibility, in order to provide identification, wall signs may be placed on walls of the building in which such tenants are located, even though not a wall of the space is occupied by those tenants.
2. Quantity. The number of signs that may be approved within any development shall not be greater than that required to provide project identification and entry signs, internal circulation and information to destinations and/or development sub-areas, and organization identification. Factors to be considered shall include the size of the development, the number of development sub-areas, and the division or integration of sign functions.
3. Size. All signs shall be no larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, amount of sign copy, placement of display (location and height), lettering style and the presence of distractive influences. Specific justification must be made if a request is submitted for a freestanding or wall sign to exceed by more than 25 percent any maximum height standard or by 50 percent any maximum area standard allowed in the regular ordinance.
4. Materials. Sign materials shall be compatible with architectural and/or natural features of the project. This may be accomplished through similarity of materials for sign structures and faces, the use of complementary colors, similarity of architectural style, or the use of a consistent lettering style or copy.
5. Context. The design of all signs should respect the context of the surrounding area and the character established by existing signage. Items to be considered include, but are not limited to, lettering style, sign placement, and architectural style.
6. Submittals. Three copies of the following should be submitted with the sign application to be reviewed by city staff and the planning and zoning commission. The specific submittal shall include at a minimum the following information:
a. Information regarding the color(s), material(s), type of sign (e.g., attached or detached), letter samples that are for all tenants, freestanding center identification signage, window signs, and any other information deemed necessary by the city to adequately review the comprehensive sign plan (both in a graphic and written format).
b. A justification letter describing the request and how the sign structure, materials, and colors are compatible with the project’s building architecture. Include a list in outline form of each sign requested, both freestanding and wall, to include verbiage, area in square feet, and height.
c. Preliminary site/landscape plan including property boundaries; dimensions; adjacent street right-of-way, existing and proposed; and street and sidewalk improvements, existing and proposed, noted to centerline. Show location of conceptual or existing landscape concepts including trees, shrubs, ground covers, berms, and screen walls.
d. Show location of proposed freestanding signs including dimensions, height, materials, colors, and method of illumination. Include elevations of buildings showing wall sign locations with dimensions.
C. Amendments. Applications for amendments to the comprehensive sign plan shall be processed in the same way as an original application. Revisions or amendments to the comprehensive sign plan shall require documentation from all tenants and/or property owners on the property prior to approval.
D. Minor Alterations. Minor alterations in sign locations resulting from unexpected conditions on site may be approved by the zoning administrator. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.15.]
Whenever the use of land or structures changes, signs including any supporting structures that do not relate to the new use or to any product or service associated with the new use shall be removed or appropriately altered within 30 days of the cessation of such use. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.16.]
A. If the building official, or their designee, determines any sign or sign structure to be in an unsafe condition, they shall immediately notify, in writing, the owner of such sign who shall correct such condition within 48 hours.
B. If the correction has not been made within 48 hours, the building official, or their designee, may have the sign removed if it creates a danger to the public safety or have any necessary repairs or maintenance performed at the expense of the sign owner or owner or lessee of the property upon which the sign is located. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.17.]
A. Legal Nonconforming Signs.
1. Legal nonconforming sign(s) shall mean a sign which is/are lawfully existing at the time of the enactment of the ordinance codified in this chapter which does not conform to the regulations as specified in this chapter.
2. A legal nonconforming sign may continue to be utilized in association with an approved permitted use only in the manner and to the extent that it existed at the time of the adoption of the ordinance codified in this chapter or any amendment thereto.
3. A legal nonconforming sign may not be altered in any manner not in conformance with this chapter.
4. This does not apply to the normal repair, maintenance, or replacing of existing copy; provided, that structural alterations are not required as part of the repairs, maintenance, or replacing of existing copy.
5. Any sign that becomes nonconforming subsequent to the effective date of the ordinance codified in this chapter, either by reason of annexation to the city or amendment to this chapter, shall be subject to the provisions of this code.
6. Notwithstanding any other provision of this chapter, legal nonconforming signs that are located on a parcel of property that is severed from a larger parcel of property and acquired by a public entity for public use by condemnation, purchase, or dedication may be relocated on the remaining parcel without extinguishing the legal nonconforming status of that sign; provided, that the nonconforming sign:
a. Is not increased in area or height;
b. Remains structurally unchanged except for reasonable repairs or alterations;
c. Is placed in the same relative position on the remaining property that it occupied prior to the relocation; and
d. Is relocated in a manner so as to comply with all applicable safety requirements.
B. Signs for a Legal Nonconforming Use.
1. New or additional signs for a legal nonconforming use shall not be permitted.
2. A nonconforming sign for a legal nonconforming use which ceases to be used for a period of 365 consecutive days or is suspended by a conforming use shall be considered a prohibited sign and shall be removed or brought into conformance upon establishment of a conforming use.
C. Alteration or Removal of Nonconforming Signs.
1. A nonconforming sign structure shall not be re-erected, relocated, or replaced unless it is brought into compliance with the requirements of this chapter, except as provided for in subsection (A) of this section.
2. Any construction permit that invokes certificate of occupancy requirements shall specify and require that any nonconforming sign located within the boundaries of the development site authorized by said permit shall be brought into conformance with the provisions of this code. If the nonconforming sign is a type of sign that is prohibited under MCC 18.115.050, it shall be removed.
3. Any nonconforming sign that is allowed to deteriorate to such an extent that the cost of repair or restoration is more than 50 percent of the cost of reconstruction shall either be removed or be rebuilt in full conformity with this chapter. Notwithstanding this provision, nonconforming signs may be repaired or replaced if the repairs or restoration are necessary due to acts of God, or the negligent act of or vandalism to the sign by a third party.
D. Signs Rendered Discontinued.
1. Sign structures that remain vacant, unoccupied, devoid of any message, or display a message pertaining to a time, event or purpose that no longer applies shall be deemed to be discontinued.
2. Any sign that is located on property that becomes vacant and unoccupied for a period of 90 consecutive days shall be deemed to be discontinued.
3. A sign whose use has been deemed discontinued is prohibited and shall be removed by the owner of the sign or owner of the premises. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.18.]
A. Illegal Signs.
1. The zoning administrator, or other designated city official, shall require removal of all illegal signs or legal signs placed in prohibited locations. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.19.]
Accessory uses shall be located, developed, and operated in compliance with the following standards:
A. General Requirements. No use shall be considered to be accessory to a principal or conditional use which involves or requires any of the following:
1. In Residential and Rural Districts. The use of more than one-quarter of the total floor area in the principal building and accessory building.
2. In All Other Districts. The use of more than one-third of the total floor area in the principal building and the accessory building.
B. Prohibited Uses. The following uses are prohibited from being accessory uses:
1. In Residential and Rural Districts.
a. Any bar, restaurant, or any other retail establishment that serves liquor for consumption on site, except in resorts and golf courses; and
b. The employment of any person not a resident in the dwelling unit, other than an approved home occupation employee, domestic servant, gardener, janitor, farm employee, or other person concerned in the operation or maintenance of the dwelling unit.
2. In All Other Districts.
a. Adult-oriented businesses;
b. Medical marijuana uses;
c. Liquor stores;
d. Bars and lounges, except in hotels, resorts, and golf courses; and
e. General and heavy manufacturing.
C. Limitations. Accessory uses shall be restricted to interior areas of a structure except in rural districts where exterior accessory use on a lot is allowed, subject to other standards of this code. In addition, outdoor dining is permitted if specified standards are met. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.01; Ord. 14-12 § 1.]
Adult-oriented businesses shall be located, developed, and operated in compliance with the following standards:
A. Permits and Licenses. Adult-oriented businesses must be in conformance with Maricopa City Code and subject to the following:
1. An adult-oriented business must, prior to commencement or continuation of such business, apply for and receive from the planning and zoning commission a conditional use permit. Reasonable conditions may be imposed, such as limitation on hours of operation, exterior lighting, display materials, security, and other similar conditions, as may be necessary to protect the health, safety, and welfare.
2. Subsequent to receipt of an approved conditional use permit, but prior to establishment of the business, the applicant shall apply for and receive a valid business license, as provided in the Maricopa City Code.
B. Location. Adult-oriented businesses shall be located a minimum of:
1. One thousand five hundred feet from the lot line of vacant or developed land in any residential or mixed use districts, or land reserved for a future school site;
2. One thousand five hundred feet from any existing or proposed elementary or secondary educational facility, junior colleges and universities, vocational schools, family day care facility, day care facility, religious facility, cultural institution, family-oriented entertainment business, or public park and recreational areas;
3. One thousand five hundred feet from any business that is licensed to sell alcoholic beverages; and
4. One thousand feet from any other legally established adult-oriented business.
C. Number of Businesses – Expansion. Only one adult-oriented business is permitted in each building, structure, or lot. No existing adult-oriented business can expand or intensify their business if there is another adult-oriented business in the same building, structure, or lot.
D. Hours of Operation. Hours of operation shall be limited to the time period between 8:00 a.m. and 1:00 a.m. Monday through Saturday and 12:00 noon and 1:00 a.m. on Sunday, or as otherwise approved by conditional use permit.
E. Screening. All windows, doors, or other apertures shall be architecturally screened or otherwise obscured so as to prevent public viewing of the interior of the adult-oriented business from a public street or sidewalk.
F. Signs. No advertisement displays or merchandise available for sale or rent that includes or depicts specified sexual activities or specified anatomical areas shall be visible from any public right-of-way. Total wall sign area shall not exceed 20 square feet. Businesses located on a corner lot may have a maximum of 25 square feet of sign area. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.02; Ord. 14-12 § 1.]
Businesses with alcoholic beverage sales of packaged liquor shall be located, developed, and operated in compliance with the following standards:
A. Permit Required. Conditional use permit approval is required for any use involving the sale of alcoholic beverages as defined in subsection (B) of this section.
B. Liquor Stores and Convenience Markets. Liquor stores, convenience markets, and other off-sale establishments that dedicate more than 50 percent of the sale floor to sales of alcoholic beverages for off-premises consumption, but excluding general markets, shall be located, developed, and operated in compliance with the following standards:
1. Location. Such establishment shall be located a minimum of:
a. One thousand five hundred feet from elementary and secondary educational facilities, religious facilities, cultural facilities, or public parks and recreational facilities.
b. Five hundred feet from restricted personal services, off-track betting establishments, and adult-oriented business.
c. One thousand feet from any other legally established businesses with packaged alcoholic beverage sales.
2. Litter. Trash receptacles and separate recycling receptacles shall be provided by entrances and exits from the building.
3. Pay Telephones, ATM Machines, and Vending Machines. Pay telephones, ATM machines, and vending machines are prohibited externally. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.03; Ord. 14-12 § 1.]
Automobile/vehicle sales and leasing shall be located, developed, and operated in compliance with the following standards:
A. Location. Automobile/vehicle sales and leasing are permitted on sites with at least one frontage on an arterial street or regional highway.
B. Minimum Lot Size. Ten thousand square feet.
C. Landscaping and Screening. In addition to complying with the following standards, automobile/vehicle sales and leasing uses shall meet landscaping standards in Chapter 18.90 MCC.
1. Maintenance. All landscaped areas, walls, and barriers must be maintained in conformance with approved landscape plans in perpetuity.
2. Other Requirements. Additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent residential or mixed use districts.
3. Accessory Sales and Leasing. Automobile sales and leasing that are accessory to another use must meet the landscaping and screening requirements above.
4. Relation to MCC Title 17, Subdivisions. Where the requirements of this section conflict with landscaping and screening requirements of MCC Title 17, Subdivisions, the most restrictive shall govern. Where there is a conflict between a general requirement and specific requirement, the specific requirement shall apply.
D. Vehicle Display. A minimum 12-foot-wide planter strip shall separate vehicle display areas from sidewalks and pedestrian entries.
E. Vehicle Loading and Unloading. All vehicle loading and unloading shall occur in the rear half of the site. If the lot abuts a property in a residential district, the loading and unloading may be located to have a lesser impact on the adjacent properties, but in all cases, loading and unloading shall occur during weekday business hours. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.04; Ord. 14-12 § 1.]
Major automobile/vehicle repair facilities shall be located, developed, and operated in compliance with the following standards:
A. Location. Automobile/vehicle service and repair are permitted on sites with at least one frontage on an arterial street or regional highway.
B. Minimum Lot Size. Ten thousand square feet.
C. Orientation of Bay Doors. All bay doors shall be oriented to minimize visibility from public streets by locating bay entries at least 90 degrees from the roadway and screen with a combination of landscaping, neighboring buildings, or the use of decorative screen walls, or in a manner acceptable to the zoning administrator or approving authority.
D. Landscaping and Screening. In addition to complying with the following standards, major automobile/vehicle service and repair uses shall meet landscaping standards in Chapter 18.90 MCC. All vehicular use areas that are adjacent to the public right-of-way shall provide a screening feature around the perimeter of the lot adjacent to the public right-of-way.
1. Screening shall add to the visual diversity of the use and need not be an opaque barrier. This feature shall be at least one of the following:
a. Ornamental fencing or a solid wall that is three feet in height and an eight-foot-deep permeable surface with landscaping along the perimeter of the lot that is adjacent to a public right-of-way; or
b. A combination of permeable landscaping and ornamental fencing where the permeable surface and landscaping is the equivalent area of an eight-foot-deep average perimeter landscaping that has been otherwise configured to result in either a public space or amenity that is accessible from the public right-of-way, or a natural drainage system, such as combined swales, retention basins, detention basins, or rain gardens, to reduce storm water runoff.
2. Relation to MCC Title 17, Subdivisions. Where the requirements of this section conflict with landscaping and screening requirements of MCC Title 17, Subdivisions, the most restrictive shall govern. Where there is a conflict between a general requirement and specific requirement, the specific requirement shall apply.
E. Litter. No used or discarded automotive parts or equipment or permanently disabled, junked, unregistered, or wrecked vehicles may be stored outside of the main building. Parts or equipment may be temporarily stored outdoors for no longer than one week but must be screened from view.
F. Noise. All body and fender work or similar noise-generating activity shall be enclosed in a masonry or similar building with sound-attenuating measures incorporated into the building design and construction to absorb noise. Bay openings shall be oriented so as to minimize the effects of sound emanating from the auto repair building towards residential uses, outdoor restaurant seating, and outdoor reception areas. Compressors shall be located within separately enclosed, sound-attenuated rooms. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.05; Ord. 14-12 § 1.]
Automobile/vehicle service stations and washing shall be located, developed, and operated in compliance with the following standards:
A. Location. Automobile/vehicle service stations and washing are only allowed on sites with at least one frontage on an arterial street.
B. Setbacks. No building or structure shall be located within 25 feet, or as provided by MCC Title 17, Subdivisions, whichever is greater, of any interior lot line abutting a residential or mixed use district.
C. Drive-Up Aisles. Vehicle lanes for car wash operations shall be screened from public streets to a height of three and one-half feet in front or street side areas. Screening devices shall consist of walls and/or berms with supplemental plant materials.
D. Street-Facing Walls. Street-facing walls, including car wash tunnels, over 75 feet long shall include breaks in the building plane, projections, recesses, and trim to provide architectural articulation and modulate building mass to enhance the streetscape.
E. Landscaping and Screening. In addition to complying with the following standards, automobile/vehicle service stations and washing uses shall meet landscaping standards in Chapter 18.90 MCC:
1. Additional screening and landscaping may be required where necessary to obscure view of automatic car washing equipment and prevent visual impacts on adjacent properties.
2. Relation to MCC Title 17, Subdivisions. Where the requirements of this section conflict with landscaping and screening requirements of MCC Title 17, Subdivisions, the most restrictive shall govern. Where there is a conflict between a general requirement and specific requirement, the specific requirement shall apply.
F. Litter. One trash receptacle per wash bay is required.
G. Outside Storage. No outdoor storage is allowed. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.06; Ord. 14-12 § 1.]
Community assembly facilities shall be located, developed, and operated in compliance with the following standards:
A. Access. Community assembly facilities shall take primary access from a public street with a minimum of 50 feet in width and improved with curbs, gutters, sidewalks, and street lights.
B. Buffer. In all districts except industrial districts, a minimum of 25 feet perimeter buffer shall be included where interior lot lines abut a residential district. Industrial districts shall have a 40-foot buffer. This buffer area may be used for parking and landscaping but shall not be used for structures or outside activities.
C. Outdoor Play Areas. Outdoor play areas shall be at least 25 feet from any residential district and shall not be located adjacent to an arterial street or industrial use. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.07; Ord. 14-12 § 1.]
Day care facilities shall be either operated as the principal (primary) use or the in-home (accessory) use. Day care facilities are not to be confused for residential and group care homes, which are regulated separately.
A. Day care facilities shall be located, developed, and operated in compliance with the following standards:
1. Structures. Day care facilities shall conform to all development standards of the zoning district in which they are located unless otherwise provided in this section. They must be in a stand-alone facility and cannot be co-located in a single-family residence.
a. Hours of Operation in RS Single-Family District. When the site is located within a residential single-family district, day care facilities shall operate only Monday through Friday. No outdoor play is allowed before 7:00 a.m. or after 8:00 p.m.
b. Pick-Up and Drop-Off. A plan and schedule for the pick-up and drop-off of children or clients shall be provided prior to approval. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion, and it shall demonstrate that the plan for pick-up and drop-off of children or clients does not require passing through traffic.
c. Outdoor Play Areas. Outdoor play areas shall not be located along major arteries or adjacent to industrial uses.
d. Screening of Outdoor Play Areas. Outdoor play areas shall have a screening feature around the perimeter adjacent to the public right-of-way, outside of the minimum front and street side setbacks. Screening shall add to the visual diversity of the use and need not be an opaque barrier.
e. State and Other Licensing. All day care facilities shall be state licensed and operated according to A.R.S. Title 36, Chapter 7.1 et seq. and all other applicable regulations.
f. Concentration of Uses. No more than one day care facility shall be permitted within 500 feet of the lot line of another existing day care facility.
B. In-home day care facilities shall be managed in accordance with the following good neighbor policies:
1. The family day care use shall be incidental to the principal use of the dwelling unit for residential purposes.
2. All outdoor play areas shall be screened and enclosed by a six-foot-high solid masonry fence with solid, self-closing and self-latching gates.
3. The minimum separation between family day care uses on the same street shall be 500 feet, measured from the lot lines.
4. Existing garages, carport structures, or driveways shall not be expanded, modified, displaced or otherwise altered for the purposes of accommodating the family day care use.
5. No sign visible from a street, except for approved live/work units in the MU Districts shall be publicly displayed relating to the home occupation or products thereof.
6. State and Other Licensing. All day care facilities shall be state licensed and operated according to A.R.S. Title 36, Chapter 7.1 et seq. and all other applicable regulations. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.08; Ord. 14-12 § 1.]
Drive-in and drive-through facilities, including fast-food facilities, shall be located, developed, and operated in compliance with the following standards:
A. General. Drive-through facilities shall provide safe, unimpeded movement of vehicles at street access points, in travel aisles, and parking areas. Drive-through aisles shall be a minimum of 12 feet in width and 20 feet in length, or as otherwise required by Table 18.120.090.D. Drive-through aisles shall have a minimum interior turning radius of 15 feet and an exterior turning radius of 30 feet.
B. Screening. Drive-through aisles shall be screened from view from public and private streets, areas accessible to the general public, and areas shown for residential use in the general plan by:
1. A decorative masonry fence a minimum of three and one-half feet in height measured from the grade of the aisle; or
2. A continuous landscape planter a minimum of six feet in width; or
3. A combination of a masonry fence and landscape planter.
C. Landscaping. When applicable, in addition to complying with the following standards, drive-in and drive-through facilities shall meet landscaping standards in Chapter 18.90 MCC.
D. Stacking. Vehicular stacking areas shall be provided in accordance with Table 18.120.090.D, Drive-Through Facility Stacking Space Requirements.
Table 18.120.090.D Drive-Through Facility Stacking Space Requirements
Use Classification | Stacking Space Requirement |
|---|---|
Banks and Financial Institutions | 5 spaces per teller or ATM drive-through |
Eating and Drinking Establishments | |
Restaurants | |
Restaurants, Limited Service | 4 spaces |
Retail Sales, General | |
Dry Cleaning | 2 spaces per window |
Pharmacy | 2 spaces per aisle |
Photo Drop | 1 space per window |
Automobile/Vehicle Equipment Sales and Services | |
Automobile/Vehicle Washing, Automated or Self-Service | 4 spaces per bay |
Automobile/Vehicle Washing, Full Service | 8 spaces minimum |
Service Station | 1 space on each end of each side of each fuel pump island (one-way facilities require 2 spaces on approach end of each island). |
Fueling Facility, Alternative | 1 space on each end of each side of each fuel pump island (one-way facilities require 2 spaces on approach end of each island). |
Automobile/Vehicle Repair, Major | 1 space per service bay |
Automobile/Vehicle Repair, Minor | 1 space per service bay |
1Drive-through restaurants’ stacking shall be calculated beginning from call box.
E. Eating and drinking establishments providing a designated take-out counter or window shall identify one or more parking spaces adjacent to the take-out entrance for exclusive use by take-out customers.
F. Site and Building Design.
1. If the proposed building is located within 50 feet of the public street, locate the main entrance door directly off (oriented towards) the public sidewalk or provide clear and direct access from the public sidewalk to the main entrance or secondary entrance.
2. Walls along the street face and visible from the street shall be transparent with windows, doors and other forms of transparent building materials to maximize views in and out of the building and the relationship between interior and exterior to support and animate the public street and sidewalk.
3. Drive-through elements shall be placed to the side or rear of the building. Orient the drive-through window away from the street frontage and provide adequate screen measures through landscaping and design to minimize visibility of drive-through.
4. The architecture of drive-through uses shall be compatible and harmonious with that of the shopping center motif or immediate neighborhood, in terms of building color, materials, mass, scale, and form.
G. Menu and Preview Boards. All menu and preview boards are signage and are subject to the sign regulations in Chapter 18.115 MCC.
H. Pedestrian Walkways. Interior pedestrian walkways shall not intersect vehicle aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.
I. Litter. Trash receptacles shall be provided at the exit of the drive-through facility. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.09; Ord. 14-12 § 1.]
Eating and drinking uses shall be developed and operated in accordance with the following good neighbor policies:
A. The safety and cleanliness of the establishment and its adjacent area(s) shall be maintained.
B. Proper and adequate storage and disposal of debris and garbage shall be provided.
C. Noise and odors shall be contained within immediate area of the establishment so as not to be a nuisance to neighbors.
D. The establishment shall pick up and dispose of any discarded beverage containers and other trash left by patrons within a 100-foot radius from the facility periodically during regular hours of operation. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.10; Ord. 14-12 § 1.]
Repealed by Res. 21-09. [Ord. 21-05 § 2.]
Home occupations shall be operated in compliance with the following standards:
A. Residential Character Maintained. No dwelling or accessory buildings shall be built, altered, finished, or decorated externally for the purposes of conducting the home occupation in such a manner as to cause the structure to be reasonably recognized as a place where a home occupation is conducted.
B. Permitted Uses. Home occupations require a zoning permit and are limited to the following uses:
1. Professional offices;
2. Offices for personal services, such as janitorial, garden, or offices services;
3. Dressmaking, tailoring, millinery, and other home sewing work;
4. Handicrafts, such as weaving, leatherwork, and other arts and crafts;
5. Instructional classes, not exceeding five students at a time;
6. Mail order or direct sales; provided, that no direct sales to customers occur from the residence;
7. Uses that entail food handling, processing or packing of specialized minor cooking or baking; and
8. Businesses such as plumbers, electricians, contractors, pool service providers, locksmiths, minor electronics and watch repair.
C. Prohibited Uses. The following uses are not permitted as a home occupation:
1. Firearms manufacturing/storage/on-site sales;
2. Medical marijuana dispensaries or commercial cultivation or medical marijuana infusion;
3. The repair, reconditioning, servicing or manufacture of any internal combustion or diesel engine or of any motor vehicle, including automobiles, trucks, motorcycles, and boats;
4. Drop-off, repair, fix-it, or plumbing shops; and
5. Kennels, storage, caring, or grooming of animals.
D. Maximum Floor Area Allowed. A home occupation shall not occupy more than one-quarter of the total floor area in the principal building and any accessory building on the lot.
E. Signage. No sign visible from a street, except for approved live/work units in the MU Districts, shall be publicly displayed relating to the home occupation or products thereof.
F. Limitations on On-Site Employees. No more than two persons shall be employed or work on site, excepting occupants of the dwelling who are members of the resident family. However, with approval of a conditional use permit, one additional employee may be allowed if the planning and zoning commission determines that there would be no adverse impacts on the immediately adjoining neighborhood in addition to the other required findings.
G. Merchandise. On-site display of merchandise or goods for the purposes of sale on the premises shall not be permitted. Walk-in customers and on-site sales of the merchandise or goods shall not be permitted.
H. Storage. Storage related to the home occupation must be confined to the interior of the dwelling or accessory building. No hazardous materials storage is allowed.
I. Traffic and Parking. The home occupation shall not generate more than five additional daily trips related to the business (e.g., deliveries and drop-off), on average over a work-week, nor require additional off-street parking spaces for delivery of materials or supplies to or from the premises. No garage or accessory building shall be altered or used in such a manner that would reduce the number of covered parking spaces required in the district in which it is located.
J. Nuisance. No equipment or process shall be used which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises. The home occupation shall not involve the use of power equipment on the premises using motors exceeding one horsepower combined capacity. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.12; Ord. 14-12 § 1.]
Hospitals and clinics shall be located, developed, and operated in compliance with the following standards:
A. Location. Hospitals are only allowed on sites with at least one frontage on an arterial street.
B. Minimum Frontage. One hundred feet minimum street frontage on the arterial street.
C. Landscaping and Screening. In addition to complying with the following standards, hospitals and clinics shall meet landscaping standards in Chapter 18.90 MCC:
1. Ancillary Areas. All service areas, ambulance, storage, trash storage areas, ground- or roof-mounted mechanical equipment shall be screened from ground-level view from adjacent lots and public rights-of-way.
D. Litter. One permanent, nonflammable trash receptacle shall be installed in the parking area adjacent to the entrance/exit. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.13; Ord. 14-12 § 1.]
Live/work units shall be located, developed, and operated in compliance with the following standards:
A. Locations Allowed. Live/work units are allowed in the NC, GC, and Mixed Use Districts.
B. Establishment. Live/work units may be established through new construction or through the conversion of existing residential, commercial and industrial buildings.
C. Allowable Uses. Work activities in live/work units are limited to uses that are permitted outright, or permitted subject to a conditional use permit in the district in which the live/work units are located. Live/work units may contain only residential uses, but they are not permitted to contain only work or commercial uses above the ground floor. On-site storage and sale of materials and merchandise are allowed.
D. Sale or Rental of Portions of Unit Above the Ground Level Prohibited. No portion of a live/work unit located above the ground level may be separately rented or sold as a commercial space.
E. Floor Area Distribution. An applicant shall submit a floor plan of all proposed units to the zoning administrator to show which areas are designated for work activities and which areas for living or as common areas.
F. Outdoor Living Area. Common or private on-site open space shall be provided for the use of occupants at a rate of 150 square feet per live/work unit. This space may be attached to individual units or located on the roof or adjoining the building in a yard. Some temporary outdoor storage of materials and merchandise related to the work activity, such as merchandise, is allowed during hours of operation. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.14; Ord. 14-12 § 1.]
A. Recreational Vehicle Parks, Resorts, and Subdivisions – Permitted Uses.
1. One recreational vehicle (RV) or park model home trailer on each approved lot or space. No manufactured homes or dwelling units of conventional construction shall be permitted on a lot or space for living purposes, except as specified below.
2. Recreational vehicle or park model home trailer accessory structures:
a. Aggregate floor area of all enclosed RV accessory structures shall be limited to 520 square feet, including storage rooms (attached or detached) and patio enclosures.
b. Additional requirements applying to patio enclosures:
i. Parking spaces shall not be enclosed.
ii. All roof materials shall be lightweight aluminum or other noncombustible material.
iii. A smoke alarm shall be installed in each room within a patio enclosure.
iv. Partitions may be used to accommodate laundry, bath, and toilet facilities.
v. Convenience electrical outlets and air conditioning equipment may be installed.
vi. Removal of sliding doors, windows, or other modification of the existing recreational vehicle enclosed by the patio enclosure is prohibited.
vii. Walls may consist of conventional wood framing or modular (prefabricated) construction.
viii. Glass located within 24 inches of a doorway or 18 inches of a floor must be tempered.
ix. Openings may be covered with screen mesh, plastic panels, or mineral glass. The combined surface area of openings facing the front, including doors and windows, shall account for 33 percent of the surface area of the front elevation.
x. The front wall may contain a solid knee wall not more than 32 inches above a finished floor.
xi. An open area located within the front wall shall be a minimum of 36 inches in height.
c. Additional requirements applying to storage buildings or space, attached or detached, subject to:
i. A maximum area of 120 square feet;
ii. A maximum height of 10 feet above grade when detached or 10 feet above finished floor when attached; and
iii. Location within the buildable area unless placed in the rear quarter of the space or lot and separated from the recreational vehicle by at least six feet.
3. Manager’s office, clubhouse and residence, which may be of conventional construction and not to exceed a maximum height of 25 feet.
4. Recreation and social centers, which may be used for dancing, crafts, hobbies, games, child care, meetings, banquets, theatrical performances, movie viewing, and similar entertainment uses which are intended and used primarily as a resident amenity. Such facility may be of conventional construction and not exceed a maximum height of 25 feet.
5. Outdoor recreation facilities such as parks, swimming pools, ramadas, playground equipment, shuffleboard and tennis courts, putting greens, and similar recreational uses intended for use by the residents of the park or subdivision.
6. Common-use laundry facilities, maintenance buildings, and security guard houses, which may be of conventional construction.
7. Designated areas for boat and recreational vehicle storage which are used solely by the residents of the park or subdivision.
8. Recreation center parking lots and guest parking areas.
9. Manufactured homes, mobile homes, or modular homes may be placed on designated recreational vehicle lots or spaces subject to approval of an administrative use permit.
B. Residential Manufactured Home Parks and Subdivisions – Permitted Uses.
1. One manufactured home, mobile home, or modular home on each approved space. No dwelling units of conventional construction shall be permitted on any space for living purposes, except as specified below.
2. Manufactured home, mobile home, or modular home accessory structures.
3. Storage buildings, attached or detached, subject to:
a. A maximum area of 150 square feet;
b. A maximum height of 10 feet;
c. Location within the buildable area unless placed in the rear quarter of the space or lot and separated from the recreational vehicle by at least six feet.
4. Manager’s office and residence, which may be of conventional construction and not to exceed a maximum height of 25 feet.
5. Recreation and social centers, which may be used for dancing, crafts, hobbies, games, child care, meetings, banquets, theatrical performances, movie viewing, and similar entertainment uses which are intended and used primarily as a resident amenity. Such facility may be of conventional construction and not to exceed a maximum height of 25 feet.
6. Outdoor recreation facilities such as parks, swimming pools, ramadas, playground equipment, shuffleboard and tennis courts, putting greens, and similar recreational uses intended for use by the residents of the park.
7. Common-use laundry facilities, maintenance buildings, and security guard houses, which may be of conventional construction.
8. Designated areas for boat and recreational vehicle storage which are used solely by the residents of the park.
9. Recreation center parking lots and guest parking areas.
C. Development Requirements.
1. A minimum of five percent of the required recreational area shall be enclosed within a recreation hall or building. Public or private streets, vehicle storage areas, and exterior boundary landscaping areas shall not be included when calculating required recreational area.
2. A six-foot-high screen wall shall be required along all park and subdivision boundaries. Such wall shall be placed on the interior side of the required landscape strip.
3. Access to lots or spaces shall be from the interior of the park or subdivision.
4. Private streets shall be paved to a minimum width of 32 feet including required sidewalks when flush with the surface of the paving.
5. Concrete sidewalks at least three feet in width shall be provided on each side of interior private streets.
6. Required parking spaces shall be paved with either two inches of asphalt or four inches of concrete.
D. Temporary Parking.
1. Manufactured homes, mobile homes, modular homes, recreational vehicles, and park model home trailers shall not be parked, stored, or occupied on any property which is not part of an approved manufactured home or recreational vehicle park, subdivision, sales, or storage lot or approved under this section.
2. Temporary parking of a manufactured home, mobile home, modular home, park model home trailer, or recreational vehicle is subject to the following regulations:
a. Emergency parking of a manufactured home, mobile home, modular home, park model home trailer, or recreational vehicle for a period of no longer than eight hours is permitted on any public thoroughfare subject to the provisions of the parking and traffic regulations of the city.
b. The temporary parking of a recreational vehicle or park model home trailer on a public street in a residential area for the purposes of loading, unloading, or cleaning for a period of time not to exceed 48 hours shall also be permitted subject to the parking and traffic regulations of the city and provided the vehicle is not parked so as to create a traffic hazard or obstruct traffic visibility.
c. On-site parking or storage of a recreational vehicle or park model home trailer is permitted in accordance with the following, provided such recreational vehicle is not used for living quarters or commercial purposes:
i. Within an enclosed accessory building or garage in all zoning districts.
ii. Where outdoor storage is otherwise allowed in the commercial and industrial districts. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.15; Ord. 14-12 § 1.]
Qualifying marijuana facilities shall be located, developed, and operated in compliance with the following standards:
A. Compliance with Law. All qualifying marijuana facilities shall conform with the Arizona Qualifying Marijuana Act, A.R.S. §§ 36-2801 through 36-2819, and any applicable Maricopa City Code.
B. Allowable Zones. GC (dispensaries only, no cultivation), LI and GI (infusion and cultivation facilities).
C. Location.
1. Qualifying marijuana facilities shall be a minimum distance from the uses set forth in the following table, including marijuana qualifying facilities located in neighboring jurisdictions. Measurements shall be made in a straight line in any direction from the exterior wall of the qualifying marijuana facility to the exterior wall of the protected use. If a manmade or natural barrier separates the uses but is within the separation requirement, then an exception can be made at the discretion of the zoning sdministrator.
Table 18.120.160 Marijuana Qualifying Facilities
Use or Use Classification | Separation Requirement (feet) |
|---|---|
Another Marijuana Qualifying Facility | 1,500 feet |
Public/Private/Charter School | 1,500 feet |
Public or Private Park | 500 feet |
Religious Facilities | 500 feet |
Civic Facilities | 500 feet |
Day Care Center | 500 feet |
Group and Residential Care Home | 500 feet |
Residential District Boundary | 250 feet |
D. Alcohol. No alcohol can be sold or distributed on the premises for on- or off-site consumption.
E. Hours of Operation. Hours of operation shall be limited to the time period between 8:00 a.m. and 10:00 p.m.
F. Minors. Any minor who is allowed by law to enter a qualifying marijuana facility shall be supervised by an adult.
G. No Drive-Through Facilities. No drive-through facilities are permitted.
H. Odor Control. Qualifying marijuana facilities shall not emit dust, fumes, vapors, or odors into the environment and business shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of the city.
I. Consumption. No marijuana consumption may occur on the same premises as a dispensary.
J. Security Plan Required. The applicant shall furnish to the licensing office, for review and approval by the police department, a security plan containing the following information:
1. Plan of operation, program plan and hours;
2. Site/building information;
3. Safety conditions;
4. Patron parking, ingress and egress, vehicular and pedestrian traffic control;
5. Staffing and operations;
6. Conditions of plan;
7. On-site contact person/manager;
8. Any and all responsible parties for business operations;
9. Employee background checks excluding violent felons;
10. Floor plan and evacuation routes; and
11. Any other reasonable information the police department deems necessary for review and approval of the security plan.
K. Dispensary.
1. Size. The maximum size for a qualifying marijuana facility dispensary is 5,000 square feet. Storage cannot be larger than 500 square feet.
2. Cultivation. No marijuana cultivation may occur on the same premises as a dispensary.
3. Signage. Signage shall be limited to one wall sign not to exceed 10 square feet in area, and one identifying sign not to exceed two square feet in area. Signs shall not be directly illuminated.
4. Disposal of Products. The dispensary shall provide for proper disposal of marijuana remnants of by-products, and which are not to be placed within the facility’s exterior refuse containers.
L. Cultivation.
1. Size. The maximum size for a qualifying marijuana cultivation facility is 5,000 square feet. Storage cannot be larger than 1,000 square feet.
2. Amount. Authorized patients may grow up to 12 marijuana plants.
3. Enclosed Locked Facility. All marijuana plants must be cultivated in a permanent, enclosed, locked facility, which is a closet, room, greenhouse or other enclosed area equipped with locks or other security devices that permit access only by a cardholder. It may not be located in a trailer, cargo container, or motor vehicle.
4. Sales. Customer sales are prohibited.
M. Abandonment. If a qualifying marijuana facility closes for a duration longer than 12 months or if its license is revoked, the use will be considered abandoned and any authorization for the use on the lot shall be null and void. [Res. 23-18; Ord. 23-22 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.16; Ord. 14-12 § 1.]
Mobile merchants shall be located, developed, and operated in compliance with the following standards:
A. Compliance with State Licensing Requirements.
1. It shall be unlawful for any person to operate a mobile food unit or act as a mobile food vendor without having first obtained a valid license from Pinal County Department of Health Services pursuant to A.R.S. § 36-1761.
B. Permit Requirements.
1. It shall be unlawful for a person to operate a mobile sales unit at any location within the city without obtaining a zoning permit in accordance with city permit requirements. The mobile merchant shall comply with the requirements of this title.
2. A permit issued pursuant to this title, including a renewal of a permit, is valid from the date of issuance if the mobile merchant is in compliance with this title. The permit is nontransferable.
C. Operation Requirements.
1. Fire Safety and Inspection. A mobile merchant must ensure that all mobile sales units comply with the version of the International Fire Code in effect at the time when the permit is issued, state law, and the city code relating to fire and explosion safety standards.
2. It is unlawful for any person to operate a mobile sales unit that does not meet the requirements in this section.
3. A mobile sales unit(s) shall be inspected by the city’s fire division, or the mobile merchant shall provide evidence that the mobile sales unit passed a fire inspection by another city or town fire department in this state within the preceding 12 months.
4. Provide a minimum of one 15-gallon trash receptacle within 15 feet of each individual mobile sales unit for customers and employees.
5. Transport the trash from the area of operation to an authorized waste disposal location.
6. A mobile sales unit shall have adequate lighting to ensure customer safety in the vending area. Lighting shall be directed downward and away from rights-of-way and adjacent properties.
D. Insurance.
1. If the mobile food unit operates at an event sponsored by the city or operates on public property, including rights-of-way or property owned by the city, the mobile merchant shall obtain insurance naming the city as an additional insured in amounts as required by the city and in accordance with the requirements of A.R.S. Title 9, Chapter 4, Article 7.2.
2. The insurance company issuing the policy shall be authorized to issue commercial liability policies in Arizona by the Arizona Department of Insurance.
3. The policy shall designate by manufacturer’s serial or identification number all mobile sales units for which coverage is granted.
4. The policy shall insure the person named in the policy and any other person using the mobile merchant with the express or implied permission of the named insured against any liability arising out of the ownership, maintenance or use of the mobile sales unit in Arizona.
5. No sales of food items in glass containers shall be permitted.
6. No vendor shall ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within city limits.
7. One A-frame sign shall be allowed within 10 feet of the mobile food vendor. Refer to city sign regulations for size limitations in Chapter 18.115 MCC.
E. Location. A mobile merchant shall operate a mobile sales unit only in commercial zoning districts in accordance with the city zoning code and subject to the following limitations and conditions:
1. Residential Area. A mobile food vendor shall not operate in an area zoned for residential use or within 250 feet of an area zoned for residential use, except:
a. A mobile food vendor selling only ice cream may operate on public rights-of-way in areas zoned for residential use; or
b. Subject to applicable laws and the city code, a mobile merchant may operate on private property in a residential area if the mobile merchant or property owner obtains a special event permit through the city for a maximum of six hours within a 24-hour period on the private property.
2. City-Owned Property. A mobile merchant shall only operate in a legal parking space. If the mobile food vendor desires to operate on city property other than a legal parking space in a right-of-way, the mobile food vendor shall obtain from the city:
a. A separate licensing for use, services contract, or similar agreement, which will be entered into at the city’s sole discretion and applicable law; or
b. A special event permit or similar permission in accordance with the city code.
3. Private Property. A mobile merchant shall obtain written permission to use any private property where a mobile sales unit is operating and shall provide proof of such written permission on demand by the city.
Notwithstanding the permission of a person owning or having lawful control of private real property, a mobile sales unit shall not remain in one location on private property for longer than 96 consecutive hours, unless the city grants permission for a permitted event greater than four days. “One location” within this subsection means a location within a parcel of land and includes movements from different parked positions within the same parcel.
4. Airports/Public Transit. Mobile merchants shall not operate at any city airport or public transit facility unless the mobile merchant has entered into a separate licensing for use agreement or similar services agreement with the city, which the city will enter in its sole discretion and applicable law.
F. Parking. A mobile sales unit shall comply with this subsection and applicable law as it pertains to parking, unless parking is governed by a separate subsection in this title.
1. A mobile sales unit shall only operate in a legal parking space.
2. A mobile sales unit, including any semi-permanent structure used or associated with the mobile sales unit, may use no more than one legal parking space, unless the mobile merchant has a separate agreement with the city to use additional legal parking spaces or parking spaces on city property other than the right-of-way.
3. No mobile sales unit exceeding 24 feet may park diagonally in a diagonal parking space or park in any manner that occupies more than one diagonal parking space.
4. No mobile sales unit shall operate with the serving window facing street traffic.
5. A mobile sales unit shall not obstruct the movement of pedestrians or other vehicles using the sidewalk, street, alley, or other public right-of-way.
6. A mobile sales unit shall abide by all parking regulations, including posted time limits. If there are no other time restrictions on the use of a legal parking space, a mobile sales unit shall not occupy a legal parking space for more than six hours in a 24-hour period. “Occupy” within this subsection means within 100 feet of the place in which the mobile sales unit was initially parked.
7. A mobile food unit shall not occupy a legal parking space with insufficient parking capacity as prescribed by the city zoning code and applicable law, and includes occupying a legal parking space that reduces the number of available parking spaces surrounding the area which is required for the principal use or uses of the property associated with the parking spaces as set forth in A.R.S. Title 9, Chapter 4, Article 7.2.
8. A mobile merchant shall not claim or attempt to establish any exclusive right to park at a particular street location, unless the parking space is part of a permitted event. [Ord. 24-01 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.17; Ord. 14-12 § 1.]
Off-track betting establishments shall be an accessory use located, developed, and operated in compliance with the following standards:
A. License. An off-track betting establishment shall be required to have a valid business license from the city and state which must be renewed annually.
B. Location. An off-track betting license will not be granted unless located a minimum of 1,000 feet from any other such establishment, any public park, and any elementary or secondary educational facility. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.18; Ord. 14-12 § 1.]
Outdoor dining and seating shall be designed, located, and operated consistent with the following standards:
A. Purpose. The purpose of this section is to permit outdoor dining and seating that enhance the pedestrian ambience of the city and ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the general plan.
B. Applicability. The provisions of this section shall apply to all new sidewalk cafes and to all existing sidewalk cafes at such a time as the outdoor dining and seating is expanded or enlarged.
C. Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same parcel, a contiguous adjacent parcel, or on public right-of-way immediately adjacent to the tenant space.
D. License Agreement. A license agreement for outdoor dining and seating on the public right-of-way shall be approved in a form required by the city.
E. Barriers. If barriers are provided, they shall be in the manner required by the city.
F. Enclosure. Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but there shall be no permanent roof or shelter over the outdoor dining and seating area. Awnings shall be adequately secured and retractable, and shall comply with the building code adopted by the city and any applicable design guidelines.
G. Fixtures. The furnishings of the interior of the outdoor dining and seating shall consist only of movable tables, chairs and umbrellas. Lighting fixtures may be permanently affixed onto the exterior front of the principal building.
H. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the sidewalk cafe on the public sidewalk or right-of-way. Outdoor dining and seating shall remain clear of litter at all times.
I. Hours of Operation. The hours of operation of the outdoor dining and seating shall be limited to the hours of operation of the associated restaurant or other eating and drinking establishment.
J. Parking. Where outdoor dining and seating occupy less than 200 square feet of area, additional parking spaces for the associated eating and drinking establishment shall not be required. Parking shall be provided according to the required ratio in Chapter 18.105 MCC, On-Site Parking and Loading, for any area exceeding 200 square feet dedicated to outdoor dining. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.19; Ord. 14-12 § 1.]
A noninstitutional banking establishment (a.k.a. nonchartered financial institutions), other than a state or federally chartered bank, credit union, mortgage lender, or savings and loan association, must meet the following standards:
A. License. A noninstitutional banking establishment shall be required to have a valid business license from the state which must be renewed annually.
B. Conditional Use Required. A noninstitutional banking establishment must obtain a conditional use permit from the planning and zoning commission.
C. Location. Minimum 1,000 lineal feet from another noninstitutional bank location, pawn shop, tobacco paraphernalia sales, off-track betting establishment, and tattoo or body modification parlor. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.20; Ord. 14-12 § 1.]
Personal services and restricted personal services shall be located, developed, and operated in compliance with the following standards:
A. Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise specified.
B. Massage and Massage Services.
1. Location. Massage and massage service uses shall be located a minimum of 1,000 feet from any other such establishment or smoke shop, hookah lounge, check-cashing facility, off-track betting establishment, any public park, and any elementary or secondary educational facility.
C. Tattoo or Body Modification Parlor.
1. Location. Tattoo and body modification parlors shall be located a minimum of 1,000 feet from any other such establishment or smoke shop, hookah lounge, check-cashing facility, off-track betting establishment, any public park, and any elementary or secondary educational facility.
2. Registration Required. Any person who is engaged in the business of tattooing or body modification shall provide evidence of registration with the Pinal County public health department and city codes.
3. No Persons Under 18. A sign shall be posted on the door or in view of the entrance stating that no person under the age of 18 is allowed on site, unless accompanied by a parent or legal guardian. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.21; Ord. 14-12 § 1.]
Personal storage facilities shall be located, developed, and operated in compliance with the following standards:
A. Business Activity. All personal storage facilities shall be limited to inactive items. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units.
B. No Hazardous Materials Storage. No storage of hazardous materials is permitted.
C. Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitations on the use of the storage units. These restrictions shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.
D. Open Storage. Open storage, outside an enclosed building, shall be limited to vehicles and trailers with a valid registration and screened from public view by building facades or solid fences of eight feet with view-obscuring gates.
E. Circulation. Driveway aisles shall be a minimum of 24 feet wide.
F. Exterior Wall Treatment and Design. Exterior walls visible from a public street or residential district shall be constructed of decorative block, concrete panel, stucco, or similar material. These walls shall include architectural relief through articulation, trim, change in color at the base, variations in height, the use of architectural “caps,” attractive posts, or similar measures. A gate(s) shall be decorative iron or similar materials. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.22; Ord. 14-12 § 1.]
Recycling facilities shall be located, developed, and operated in compliance with the following standards:
A. Reverse Vending Machines.
1. Accessory Use. Reverse vending machines may be installed as an accessory use to a permitted or conditionally permitted primary use on the same site.
2. Location. Machines shall be located adjacent to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation.
3. Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
4. Signs. The maximum sign area on a machine is four square feet, exclusive of operating instructions.
5. Lighting. Machines shall be illuminated to ensure comfortable and safe operation between dawn and dusk.
6. Trash Receptacle. Machines shall provide a 40-gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine.
B. Recycling Collection Facilities.
1. Size. Recycling collection facilities that are not part of a recycling processing facility shall not exceed a building site footprint of 1,000 square feet or include more than three parking spaces (not including space periodically needed for the removal or exchange of materials or containers).
2. Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.
3. Location. Facilities shall not be located within 50 feet of a residential district.
4. Setback. Facilities shall be set back at least 10 feet from any street lot line and not obstruct pedestrian or vehicular circulation.
5. Containers. Containers shall be constructed of durable waterproof and rustproof material(s) and secured from unauthorized removal of material. Capacity shall be sufficient to accommodate materials collected in the collection schedule.
6. Identification. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator and the hours of operation.
7. Signs. The maximum sign area shall be 20 percent of the area of the side of facility or container or 16 square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. The zoning administrator may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes but not for outdoor advertising.
8. Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows available capacity during recycling facility operation.
9. Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials. Noise and odors shall be contained within the immediate area of the establishment so as not to be a nuisance to neighbors.
C. Recycling Processing Facility.
1. Location. Facilities shall not abut a residential district.
2. Screening. The facility must be screened from public rights-of-way by solid masonry walls or located within an enclosed structure.
3. Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.
4. Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.
5. Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials. Noise and odors shall be contained within immediate area of the establishment so as not to be a nuisance to neighbors. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.23; Ord. 14-12 § 1.]
Group homes are permitted in all single-family districts subject to the requirements provided herein. The purpose of these regulations is to permit minors, disabled, handicapped or elderly persons to reside together in single-family residential neighborhoods in compliance with the Fair Housing Act, while preserving the residential character of the neighborhood.
A. Registration. Group homes with seven to 10 residents shall submit a completed zoning permit application and required supplemental materials to the planning division on a form established by the zoning administrator. For group homes with seven to 10 residents that are licensed by the state, county or other governmental authority, a tentative zoning permit may be issued upon verifying the application complies with the standards below. Said group homes shall be considered to be registered with the city at the time they receive a tentative zoning permit. In all cases, permits for group homes shall terminate when the group home use ceases.
B. Standards. Group homes shall be located, developed, and operated in compliance with the following standards:
1. Occupancy. The number of residents, excluding staff, shall not exceed:
a. One to six residents: No zoning permit required.
b. Seven to 10 residents: A zoning permit is required.
2. Separation. The minimum separation between group homes shall be 1,200 feet, as measured from the closest property lines.
3. Exterior Appearance. There shall be no sign or other exterior indication of a group home visible from a street. A minimum six-foot-high wall or fence shall be provided for purposes of screening and securing outdoor recreational areas.
4. Compliance with All Applicable Building and Fire Safety Regulations. Group homes shall comply with any and all other applicable state or local requirements including, but not limited to, the city’s building and fire codes. These requirements may require safety measures such as fire sprinklers, alarms and monitoring systems depending on such factors as the number of residents and whether the residents are capable of self-preservation.
5. Licensing. Group homes shall comply with any and all applicable state licensing requirements.
6. Parking. Any parking for the group or residential care homes shall be on site and comply with the requirements of Chapter 18.105 MCC, On-Site Parking and Loading.
7. Exclusive Use. All administrative activities, including staffing, counseling, and other visitations, shall serve only the residents of the group home.
8. Preemptions. Notwithstanding the foregoing, if the state has adopted laws or rules for the regulation of a specific type of group home, then any such state law or rule shall apply in addition to the conditions listed herein and/or shall preempt any conflicting condition listed herein.
C. Request for Accommodation. If a group home owner believes any requirement of the zoning code prevents the establishment of a group home in an economically viable manner, the owner shall submit to the zoning administrator a written request for accommodation and the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the zoning administrator to make an individualized determination of the group home’s needs, to address the city’s safety and welfare concerns, and to assure compliance with this section. The zoning administrator shall review the written request and determine:
1. Whether an accommodation should be made pursuant to the requirements of the Fair Housing Act;
2. If so, the nature of the accommodation taking into consideration the requirements of the Fair Housing Act, public safety and welfare concerns, and the residential character of the neighborhood; and
3. The accommodation shall be made only to the extent necessary to comply with the Fair Housing Act. Profitability or financial hardship of the owner/service provider of a facility shall not be considered by the zoning administrator in determining to grant a reasonable accommodation waiver. An appeal of the decision of the zoning administrator may be made regarding reasonable accommodation to the hearing officer pursuant to Chapter 18.135 MCC. [Ord. 23-35 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 18-20; Ord. 18-05 § 2; Res. 14-36 § 410.24; Ord. 14-12 § 1.]
Restricted retail uses shall be located, developed, and operated in compliance with the following standards:
A. Hours of Operation. Hours of operation shall be limited to the time period between 7:00 a.m. and 10:00 p.m.
B. Tobacco-Oriented Retailers. Application for tobacco-oriented retailers shall comply with and show the method of complying with the following standards:
1. The use shall be at least 1,000 feet from another tobacco retailer, public, private, or charter school, parks/playgrounds or licensed day care facilities, noninstitutional banking establishment, or off-track betting establishment.
2. The separation distance shall be measured in a straight line from the store footprint of the tobacco-oriented retailer use to the nearest building footprint of the other listed uses.
C. Pawn Shop.
1. Location. Pawn shops shall be located a minimum of 1,000 feet from any other such establishment or smoke shop, hookah lounge, noninstitutional banking establishment, off-track betting establishment, any public park, and any elementary or secondary educational facility.
D. Hookah Lounge.
1. Location. Hookah lounges shall be located a minimum of 1,000 feet from any other such establishment or smoke shop, hookah lounge, noninstitutional banking establishment, off-track betting establishment, any public park, and any elementary or secondary educational facility.
2. No Persons Under 18. A sign shall be posted on the door or in view of the entrance stating that no person under the age of 18 is allowed on site, unless accompanied by his or her parent or legal guardian. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.25; Ord. 14-12 § 1.]
Temporary uses require an approved temporary use permit to operate pursuant to MCC 18.150.080 unless otherwise specified in this code. Temporary uses shall be located, developed, and operated in compliance with the following standards:
A. General. A temporary use is intended to operate only for a limited period of time.
B. Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events, including arts and neighborhood and community fairs, in connection with an existing commercial use or in conjunction with an activity of a civic organization, church, lodge, public or private educational facility, or other such group or organization are permitted in accordance with the following standards:
1. Location. Carnivals, fairs, and festival events are limited to areas within commercial, mixed use, and employment districts, or on property owned by a public or private educational facility, institution, or religious facility. Corn mazes and similar activities are permitted in rural districts. Neighborhood and community fairs are permitted in rural and residential districts.
2. Time Limit. When located within or adjacent to a residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m., unless a longer time period is approved with a temporary use permit.
3. Duration. Carnivals, fairs, revivals and festival events are limited to no more than 10 consecutive days, separated by at least 30 calendar days four times a year. A more limited duration may be established in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.
4. Existing Parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than 75 percent of the minimum number of spaces required by this code (or an alternative method for parking is approved by staff), and traffic access shall be maintained.
C. Farmers Markets. Farmers markets shall be located, developed, and operated consistent with the following standards:
1. Operator. Farmers markets must be operated by one or more certified producers, a nonprofit organization, or a local government agency.
2. Vendors. At least 70 percent of vendors must be farmers, ranchers, and other businesses who sell food, plants, flowers, and added-value products such as jams and jellies.
3. Management Plan. A management plan shall be prepared and provided to the zoning administrator. The management plan shall include the following:
a. Identification of a market manager or managers, who shall be present during all hours of operation.
b. A set of operating rules addressing the governance structure of the market, the method of assigning booths and registering vendors, hours of operation, maintenance, security, refuse collection, and parking.
4. Hours of Operation. Market activities shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. Setup of market operations shall begin no earlier than 6:00 a.m., and takedown shall end no later than 8:00 p.m.
5. Waste Disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation, and shall be removed from the site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.
D. Garage Sales. A garage or yard sale may be conducted on any developed lot in a residential or rural district, subject to the following requirements. No permit is necessary to conduct a garage sale.
1. No more than four such sales may be conducted on any one lot in any one calendar year.
2. Each sale period shall be for no more than three days within a three-month duration.
3. All merchandise to be sold shall be displayed on a private lot and not within the public right-of-way. Merchandise shall be personal property of the family or families hosting the sale and shall not have been purchased for resale.
E. Model Homes. Model homes with sales offices and temporary information/sales trailers in new residential subdivisions are subject to the following requirements:
1. Time Limits. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of 12 months.
2. Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots within the subdivision it is located in and to other subdivision projects under the same ownership.
3. Return to Residential Use. Prior to the close of a sale of any of the model homes as a single-family residence, any portion used for commercial purposes will be converted to its intended residential purpose, including flagpoles.
4. Term of Use. The model home may be established and operated until completion of the sale of the lots or residences within the subdivision, or for a duration specified as a condition of the temporary use permit.
F. Swap Meets. Outdoor swap meets, antique markets, and similar multi-vendor open-air ventures are allowed in accordance with the following standards:
1. Location. Outdoor markets are limited to areas within public/semi-public, commercial, mixed use, and employment districts, or on property owned by a public or private educational facility, institution, or religious facility.
2. Time Limit. When located within or adjacent to a residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m., unless a longer time period is approved with a temporary use permit.
3. Duration. Swap meets may only operate once per month for no more than two consecutive days.
4. Existing Parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than 75 percent of the minimum number of spaces required by this code (unless an alternative method for parking is approved by city staff), and traffic access shall be maintained.
G. Temporary and Seasonal Outdoor Sales. Temporary and seasonal outdoor sales are allowed in accordance with the following standards. An approved administrative use permit is required.
1. General Requirements. Temporary outdoor sales, including but not limited to grand opening events, and other special sales events, on private property in nonresidential districts are subject to the following standards:
a. Except for seasonal sales, temporary outdoor sales are part of an existing business on the same site and are limited to a seven-day period four times a year.
b. Sales events must be conducted solely on private property and not encroach within the public right-of-way or occupy required parking, unless an alternative parking scenario is approved by staff to meet the intent. Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
2. Seasonal Sales. The annual sales of Christmas trees, fireworks, pumpkins and similar items are permitted in accordance with the following standards:
a. Time Period. Pumpkin sales are permitted from October 1st through November 7th. Christmas tree sales are permitted from November 15th through December 31st. Seasonal sales associated with other holidays are permitted up to a month preceding and one week following the holiday.
b. Goods, Signs and Temporary Structures. All trees, pumpkins, or other items for sale, as well as signs and temporary structures, shall be removed within five days after the end of sales, and the appearance of the site shall be returned to its original state.
3. Nonprofit Fundraising. Fundraising sales by a nonprofit organization for up to three days per event.
4. Long-Term Special Events and Sales. Other special events, outdoor sales, and displays that exceed seven consecutive days may be permitted in accordance with the following standards:
a. Location. Events are limited to nonresidential districts.
b. Number and Duration of Events. No more than four events at one address shall be allowed within any 12-month period unless a temporary use permit is obtained. The duration of any single event shall not exceed 30 days.
c. Existing Business. Temporary outdoor sales shall be part of an existing business on the same site.
d. Signs. Signs shall conform with the provisions of Chapter 18.115 MCC.
5. Vehicle Sales Prohibited. The parking of privately owned used automobiles in parking lots for the express purpose of offering the vehicle for sale is prohibited, unless permission is granted by the property owner and multiple cars are not offered for sale at one time. This restriction does not apply to automobile/vehicle sales and leasing uses. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.26; Ord. 14-12 § 1.]
Transitional and supportive housing facilities shall be located, developed and operated only with an approved conditional use permit and in conformance to the following standards:
A. Location – Separation from Dissimilar Uses. A minimum distance of at least 500 feet from all of the following:
1. A public or private school building with kindergarten programs or grades one through 12, and any recreational area adjacent to such school building; and
2. A church; and
3. A public park.
B. Location – Separation from Similar Uses. Transitional housing facilities shall provide a separation of at least 5,280 feet from any other transitional housing facility, and a minimum of 500 feet to another residential use.
C. Location Exception Criteria. The city council, at its discretion, may grant an exemption to the separation provisions of subsection (A) of this section if it makes all of the following findings:
1. That the location of the proposed activity will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare; and
2. That the granting of the exception will not violate the spirit and intent of this section; and
3. That compliance with this separation requirement will place an undue hardship on the owner of the facility; and
4. That all other applicable provisions of the city code will be observed.
D. Maximum Occupancy – Transitional Housing. The maximum number of residents in transitional housing facilities is limited to 30.
E. Restrictions on Related Uses. Transitional housing facilities may include any boarding house, dormitory, or multiple-unit dwelling, or other dwelling when developed, promoted, and advertised as a correctional transitional housing facility, but shall not include group homes for the handicapped, or any facility providing counseling or other services to individuals who do not reside on the premises.
F. Criteria for Review of Conditional Use Permit. The review of the conditional use permit shall include a review and determination regarding the following items:
1. The use is found to be in compliance with the general plan and other recognized development plans or policies, and will be compatible with surrounding uses; and
2. A finding that a plan of operation has been submitted, which includes, but is not limited to, acceptable evidence of compliance with all zoning, building, and fire safety regulations; and
3. A finding that a “good neighbor policy” in narrative form has been submitted, which includes, but is not limited to, descriptions of acceptable measures to ensure ongoing compatibility with adjacent uses. Such policies shall include, but are not limited to, the name and telephone number of the manager or person responsible for the operation of the facility; complaint response procedures, including investigation, remedial action, and follow-up; and litter control measures; and
4. Evidence that acceptable documentation is present demonstrating that the building or site proposed for the use is in conformance with all current city development standards, including, but not limited to, landscaping, parking, screen walls, signage, and design guidelines. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.27; Ord. 14-12 § 1.]
A. Site Operations and Management. Facilities that utilize shopping carts shall be operated in compliance with the following standards:
1. Shopping Carts. Refer to MCC Title 5. [Res. 21-09; Ord. 21-05 § 2.]
A. Permitted in Commercial and Industrial Zoning Districts Within the City of Maricopa. The drop box containers are governed by the following requirements:
1. A zoning permit shall be required prior to placement of the container(s) within the city of Maricopa.
2. Applicant shall obtain owner authorization from the property owner and provide documentation.
3. The container is permitted only as an accessory use to a primary use on the property and shall be located on a paved surface.
4. The container shall not be permitted in a location that impacts required parking, vehicular circulation, site visibility triangles, loading zones, or landscaping.
5. The container shall not be located within the minimum front and street side building yard setbacks.
6. No more than two donation containers shall be clustered together in any one location.
7. The container shall be constructed of durable material and be maintained in a safe non-blighted condition.
8. The container shall be fully screened and landscaped if visible from a public roadway.
9. The container shall be clearly marked to identify the specific items and materials requested to be left for donations. The name, telephone number, and email address of the container owner or operator shall be posted on the container.
10. A notice shall also be posted on the container that items shall not be left outside the container and that no hazardous materials may be placed inside the containers.
11. The container shall also list the name of the non-profit entity that benefits from the donated item profits.
12. The owner or operator of the container shall remove any material left in and around the container within 24 hours of receiving a written warning from the property owner or the city of Maricopa.
13. The property owner shall control the permit, not the permittee; the property owner or authorized agent may rescind their authorization for the container at any time.
14. A zoning permit may be revoked by the city of Maricopa if approval was obtained by means of fraud or misrepresentation, the use in question has ceased to exist, failure to observe the terms or conditions of the approval or the use has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance. (Refer to MCC 18.140.130 for further details).
15. Any donation/recycling drop-box (including its contents) which is determined to be unauthorized, unpermitted, or is otherwise in violation of this chapter shall be deemed a public nuisance as defined in MCC 8.20.040, Nuisances, and may be removed pursuant to those provisions. [Ord. 24-12 § 2.]
The purpose of this chapter is to establish incentives for development to support the city’s desire to create a more sustainable community. The sustainable development incentive program is designed:
A. To increase energy and water efficiency in existing and new developments;
B. To increase resource conservation;
C. To provide durable development that is efficient and economical to own, operate, and maintain; and
D. To promote sustainable development practices. [Ord. 14-12 § 1; Res. 14-36 § 411.01.]
For all development projects, this program is voluntary. [Ord. 14-12 § 1; Res. 14-36 § 411.02.]
A project must include the specific number of sustainable development features listed in Table 18.125.030 to obtain development incentive. The following table lists the specific incentives that can be granted by the zoning administrator and requirements necessary to receive each incentive. The qualifying sustainable development incentives are described in MCC 18.125.040. The award levels are cumulative. If a proposed project meets the number of requirements listed in the “Requirements” and “Additional Requirements” columns, then a project may receive the incentive in the “Development Incentive” column.
Table 18.125.030 Requirements for Development Incentives
Development Incentive | Description | Requirements | Additional Requirements |
|---|---|---|---|
Expedited Zoning Clearance/Development Review Permit | Development review permit may be expedited administratively, planning and zoning commission not required. | Development must achieve 9 out of the 17 sustainable development features. | Sustainable feature #14 required. |
Increased Building Height | A development may increase the allowable building height up to 15 feet. | Development must achieve 7 out of the 17 sustainable development features. |
|
Setback Reduction | A development may reduce the required front, rear or side yard setback/buffer up to 5 feet. | Development must achieve 5 out of the 17 sustainable development features. | Sustainable feature #11 required. |
Parking Reduction and Project Award Recognition by Development Services | A development may reduce the minimum parking requirements up to 20 percent. | Development must achieve 3 out of the 17 sustainable development features. | Parking study may be required, at developer’s sole cost and expense, as determined by the zoning administrator. |
[Ord. 14-12 § 1; Res. 14-36 § 411.03.]
The components of the sustainable development incentive program are listed below along with the specific requirement that must be met for a qualifying feature to be approved. In accordance with MCC 18.125.030, certain sustainable features must be incorporated into a development in order to be awarded with some of the development incentives available.
Table 18.125.040 Qualifying Sustainable Development Features
Category | # | Sustainable Development Features and Requirements |
|---|---|---|
Site Design | 1 | Building or development is built to LEEDTM or equivalent third-party certification standard, as approved by the city. |
2 | Development uses a roofing material with a solar reflectance index (SRI) equal to or greater to the following: • Low sloped roof – less than or equal to 2:12 – SRI value of 78 • Steep slope roof – greater than 2:12 – SRI value of 29 (Refer to U.S. Green Building Council LEED NC Credit 7.2 Heat Island Effect – Roof.) | |
3 | Development increases the on-site refuse container screening area to accommodate a six-yard container for the purpose of recycling. | |
4 | Development incorporates a parking garage structure or underground parking structure subject to MCC 18.90.050. | |
5 | Site development parking area is built to a standard of one landscape island for every four spaces. Minimum landscape island area shall be 25 square feet. | |
6 | Preferred parking for low-e vehicles: Site designates one parking stall nearest to the building for low emission vehicles. Where building floor area is equal to or greater than 5,000 square feet, at least five percent, but not less than two, of the parking spaces provided are designated as preferred parking. | |
7 | Site hardscape heat island reduction: Not less than 50 percent of site hardscape is (a) hardscape materials with an initial solar reflectance value of not less than 0.30; (b) combination of shade structures and shaded by trees; or (c) pervious paving, open-grid pavers. Reference: Section 408 of the International Green building code. | |
8 | Site development does not exceed minimum parking requirements by more than five percent. | |
Water Efficiency | 9 | Development incorporates purple piping (for reclaimed water) for irrigation of landscape areas or other nonpotable reclaimed water use. |
10 | Site development incorporates functional rainwater harvesting that irrigates at least 20 percent of the total landscape area. | |
Landscaping | 11 | Development installs and maintains live vegetation screen walls where reduced setback or buffer yard is requested in addition to the minimum required landscaping and boundary wall(s) or screen wall(s). |
12 | Development installs alternative on-site rain water runoff systems that incorporate rainwater harvesting features, pervious paving, and other similar systems. | |
13 | Development incorporates exterior landscaping/planters extending six feet from the finished grade and integrated into the structure, such as a green wall and green roof systems. | |
Energy Reduction | 14 | Site development incorporates solar parking lot lights for at least 50 percent of the proposed fixtures. |
15 | Site development incorporates roof top solar panels, with a minimum size of 2.5 kwh for each panel. | |
16 | Site development incorporates minimum 3 ft. window overhang(s) or equal architectural features to shade 100 percent of all west facing windows and 75 percent of all proposed windows, and entrance doors with glazing. | |
Innovative | 17 | Any other innovative sustainable design feature(s) found to meet the intent of this chapter, to be reviewed and accepted at the discretion of the zoning administrator. |
[Ord. 14-12 § 1; Res. 14-36 § 411.04.]
The zoning administrator shall review opportunities for a sustainable development incentive and determine whether the project includes the required number of qualifying features to justify granting the requested incentive. This review shall occur prior to granting a permit for the project. Compliance for authorization of incentive(s), schematic drawings, and other documentation may be required at the discretion of the zoning administrator for verification of the proposed sustainable development features. [Ord. 14-12 § 1; Res. 14-36 § 411.05.]
The purpose of this chapter is to establish general guidelines for the installation of wireless communications towers and antennas. The goals of this chapter are to:
A. Minimize the adverse visual effects of towers through careful design, siting, and screening, while preserving the rights of wireless telecommunications providers;
B. Encourage the location of towers in nonresidential areas;
C. Minimize the total number of towers throughout the community;
D. Strongly encourage the joint use (co-location) of new and existing tower sites as a primary option rather than construction of additional single-use towers;
E. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
F. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, screening, and innovative camouflaging techniques;
G. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; and
H. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.01.]
A. New Towers and Antennas. All new towers or antennas in the city shall be subject to these regulations.
B. Mobile and Temporary Antennas. All new mobile and temporary antennas in the city shall be subject to these regulations and require a temporary use permit. In the event an approved conditional use permit for a permanent tower or antenna does not provide for an interim mobile or temporary antenna, mobile and temporary antennas shall be reviewed and permitted by temporary use permit for a period not to exceed six months. More than one temporary use permit may be approved for the same temporary antenna.
C. Amateur Radio Towers and Antennas. This chapter shall govern the installation of any tower or antenna that is an amateur radio station operators/receive only operation, that is under the maximum building height of the zoning district in which such structure is located and which is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only operations.
D. Exceptions. The following are exempt from the provisions of this chapter:
1. Legally established preexisting towers and preexisting antennas with a valid conditional use permit shall not be required to meet the requirements of this chapter. Modifications to preexisting towers and antennas that substantially increase the physical dimensions of the tower, antenna, or equipment, as deemed by the zoning administrator or designee, are required to comply with this chapter. A substantial change to an existing wireless facility includes any increase to the existing height of a tower or antenna and/or a proposed increase in the existing mass of the antenna or appurtenances greater than 20 percent. All other preexisting towers and preexisting antennas without an approved use permit shall meet the requirements of this chapter accordingly.
2. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Additional tower units may be added within the perimeter of the AM array by right. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.02.]
A. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
B. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of all existing towers, antennas, or sites within five miles of the proposed location for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The development services department shall maintain a map and database with the above information available for public review and purchase; however, the accuracy of the information is subject to change. It shall be the responsibility of the applicant to verify and update any information provided by the city.
C. State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
D. Lighting. Towers shall not be artificially lit, unless required by the FAA or other applicable authority, or as otherwise approved by the city council. If lighting is required for ground equipment, a lighting plan shall be submitted in accordance to MCC 17.30.130.
E. Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA) and by the Telecommunications Industries Association (TIA), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards, or as otherwise specified in writing by the building official. Failure to bring such tower into compliance within said 30 days, or as otherwise specified, shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
F. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.
G. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities, unless the tower and antennas’ sole purpose is to provide government sanctioned public safety communications.
H. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the city.
I. Signs. No signs shall be allowed on an antenna, a tower, or any portion of the premises leased for wireless telecommunication use, except for a permanent, weather-proof identification sign, approximately 16 inches by 32 inches in size, must be placed on the gate of the fence or wall surrounding the facility or, if there is no fence or wall, on the facility itself. The sign must identify the facility operator(s), provide the operator’s address, and specify a 24-hour telephone number for reaching the operator or an agent authorized to provide 24/7 response to emergency situations.
J. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the following requirements:
1. Roof-mounted or facade-mounted antennas proposed on an existing building, or on a tower, pole, or other structure, shall not extend or project more than 10 feet above the existing height of the building or structure.
2. Antenna support equipment that is roof mounted shall meet the screening requirements of this chapter and code.
K. Design Standards. Antennas, antenna support structures, and related equipment shall be located, designed, and screened to integrate and complement the existing natural or built surroundings and existing supporting structures.
1. Design and Visibility. All facilities shall be designed and located to minimize their visibility to the greatest extent feasible. All wireless telecommunication facilities proposed for locations where they would be readily visible from adjacent property and public right-of-way (measured from the center of the tower location) shall incorporate appropriate techniques to disguise the facility and/or blend into the surrounding environment, to the extent feasible. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting. The city’s Design Standards for Wireless Communication Facilities provide additional standards with supporting illustrations to assist applicants in designing facilities to meet the intent of this code.
2. Screening. Antenna support equipment for stand-alone facilities shall be screened by a maximum eight-foot-high masonry wall or placed within a fully enclosed building. When placed within a fully enclosed building, the building design shall be no taller than one story or 15 feet in height with elevations designed and constructed in a manner compatible with architectural designs found in the area.
3. Freestanding Antenna(s).
a. Antenna facilities that are not camouflage or stealth shall be close mount, to the extent possible.
b. Stealth or camouflaged facilities shall not have antenna mounts that extend beyond the outside edge (array) of the materials used to provide the stealth or camouflage design.
c. At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
d. Wireless telecommunications facility support structures and antennas shall be a nonglossy color and/or exterior finish shall be painted so as to minimize visual impacts from surrounding properties.
4. Building Mounted Antenna(s).
a. If an antenna is installed on a building, the antenna and supporting electrical and mechanical equipment must be architecturally integrated in a manner that is identical to, or closely compatible with, the color of the building structure so as to make the antenna and related equipment as visually unnoticeable as possible.
5. Alternative Tower Mounted Antenna(s).
a. Antennas proposed on the exterior of a structure shall be designed in a manner to appear as an integral element of the structure.
6. Stealth Tower and Antenna(S).
a. When an alternative tower or co-location does not exist on a parcel adjacent to residential use, stealth design shall be provided. A stealth facility shall be designed and constructed to appear architecturally integrated with the surrounding built environment or the natural setting to minimize the adverse visual impact and ensure the facility is compatible with the environment in which it is located.
L. Co-Location and Multiple Antenna/Tower Plan. The city encourages tower and antenna users to submit a single application for approval of multiple towers and/or antenna sites and to submit applications which utilize co-location with an existing wireless telecommunications provider.
M. Modification of Building Size Requirements. The requirements of this chapter may be modified by the city council in the case of uses permitted by conditional use to encourage co-location.
N. Site Security. Outdoor ground equipment shall be enclosed with a maximum eight-foot-high masonry wall, shall be constructed of a block or masonry, or secured in a method as otherwise determined by the zoning administrator. All towers shall be equipped with an anti-climbing device.
O. Landscaping. The following requirements shall govern the landscaping surrounding towers; provided, however, that the city council may reduce or waive such requirements if the goals of this chapter would be better served thereby:
1. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property and commercial property or viewable from public right-of-way. The standard buffer shall consist of a landscaped strip at least eight feet wide outside the perimeter of the compound and any other areas disturbed during construction.
2. Every 20 lineal feet on center of the perimeter of the enclosure of the building shall be landscaped with drought-tolerant plants at a rate of one 24-inch box tree and 10 ten-gallon size shrubs. All landscaping shall be irrigated for a minimum period of one year. Landscaping shall be maintained throughout the life of the facility.
3. Additional landscaping may be required at the discretion of the zoning administrator as needed to effectively blend applications with the surrounding environment.
4. Existing mature plant growth and natural land forms on the site shall be preserved to the maximum extent possible.
P. Parking. A minimum of one nine-foot-by-18-foot off-street parking shall be required for the ongoing and maintenance of the facility. Parking and maneuvering areas shall be surfaced with approved all-weather access as determined by the city engineer.
Q. Noise. No permit (conditional or administrative use permit) shall be issued for any facility which generates a noise level greater than 50 decibels (dB) as measured at the edge of the property upon which such facility is sited.
R. Term. In the event a building permit is not received within two years or as otherwise stipulated, or reasonable effort is not made to receive a building permit as determined by the zoning administrator, the administrative use permit or conditional use permit shall expire. Each administrative use permit or conditional use permit issued shall be for a period of five years for freestanding tower and antenna applications, and a period of 10 years for building-mounted antennas, alternative tower-mounted antennas, and stealth tower and antennas. At the end of the above specified term, the permit shall automatically expire unless a written request for renewal is submitted by the applicant, prior to expiration, to the zoning administrator. The city shall notify the applicant in writing at least 90 days prior to the expiration date of the permit for the facility. Upon the expiration of any required permits for the facility, it shall be removed in accordance with the requirement of this chapter. If a request for renewal of the required permit(s) is received, the permit shall remain in effect until a decision on the renewal is made. The renewal request shall be reviewed in a similar manner as the original approval. The review is to ensure that the facility is still in operation; that it has been properly maintained; that the original conditions of approval have been adhered to and whether they are to remain the same or need to be modified; and to determine if new technology exists to upgrade the facility to better meet the purpose, intent, goals and provisions of this chapter. If new technology exists that will allow the redesign or relocation of the facility to better meet the purpose, intent, goals and provisions of this chapter, then the facility must be redesigned and/or relocated accordingly. Failure to comply with this requirement may be considered grounds for denial of a new permit.
S. The city may add conditions to any new permits as necessary to advance a legitimate governmental interest related to health, safety, or welfare; provided, however, that any condition shall comply with applicable FCC regulations and standards, and that reasonable advance notice thereof has been provided to all affected parties. If a permit is not renewed, the city shall give the applicant written notice thereof together with the rationale on which the city’s decision was made. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.03.]
A. General. The uses listed in this section are deemed to be permitted uses and shall require zoning clearance through a zoning permit application.
B. Permitted Uses. The following uses are specifically permitted:
1. Wireless Communication Facility. Permissible in any rural, industrial, or commercial district; provided, however, that freestanding towers or antennas shall not exceed the maximum height of the applicable zoning district, unless specifically allowed elsewhere in this code. The facility shall comply with the following:
a. Meet the minimum setback within the zoning district in which the facility is proposed; and
b. Towers and antennas shall be set back a distance equal to at least 100 percent of the height of the tower and antenna from any adjoining lot line. In industrial zoning districts, towers and antennas are allowed a maximum height of 65 feet when the tower is located greater than 400 feet from the property line of a residential use. Such requests shall provide the information required in this chapter, prior to permit issuance.
2. Towers. Amateur radio towers, antennas, and freestanding towers or antennas located in any rural, industrial, or residential zoning district shall not exceed the maximum height of the applicable zoning district and shall comply with the following:
a. Setback. Towers and antennas shall be set back a distance equal to at least 100 percent of the height of the tower or antenna from any adjoining lot line.
b. Front Yard. Amateur radio towers and antennas are prohibited in any front yard and shall not be placed in front of the front face plane of the principal building.
c. If an amateur radio tower is located within a controlled homeowners association, the applicant is encouraged to comply with the community’s conditions, covenants and restrictions (CC&Rs).
3. Limitation on Quantity of Towers by Zoning District. In all zoning districts:
a. One radio tower and/or antenna permitted per lot of record.
b. Additional towers, greater in number than prescribed above, may be permitted in any zoning district, but shall be subject to securing a conditional use permit as set forth in MCC 18.130.050.
c. Towers are prohibited in any airport clear zone or landing zone designated by the FAA. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.04.]
A. General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the city council:
1. For purposes of this section, any conditional use permit request shall require public notice pursuant to MCC 18.140.060, Public Hearing Notification.
2. If the tower or antenna does not meet the requirements of MCC 18.130.040 or does not meet the requisite dimensional requirements, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
3. Applications for conditional use permits under this chapter shall be subject to the procedures and requirements of Chapter 18.150 MCC except as specifically modified in this chapter.
4. In granting a conditional use permit, the reviewing authority may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower.
5. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by an Arizona-licensed professional engineer.
6. A conditional use permit issued under this chapter shall be conditioned upon verification by a licensed structural engineer that such tower or antenna is structurally sound, prior to final inspection.
B. Tower and Antenna Information Required. In addition to any information required for applications for a conditional use permit pursuant to Chapter 18.150 MCC, applicants for a conditional use permit for a tower or antenna shall submit the following information:
1. A scaled site plan clearly indicating the location, type, and height of the proposed tower or antenna, including:
a. On-site structures, land uses and zoning designation(s);
b. Adjacent structures, land uses and zoning within 20 feet of the property line (including when adjacent to other municipalities);
c. The setback distance between the proposed tower or antenna to all nearest building structures, residential uses, and commercial and industrial zoned properties as set forth in Table 18.130.050.E;
d. Adjacent roadways and proposed means of access; and
e. Required and proposed setbacks from property lines.
2. Color elevation drawings of the proposed wireless facility and associated structures as deemed by the city to be necessary to assess compliance with this chapter;
3. A photo simulation of the proposed tower and structures associated with the wireless facility as seen from adjacent right-of-way(s). The city may request additional simulations as necessary to determine the visual impact of the proposed facility;
4. The separation distance from other towers or antennas described in the inventory of existing sites submitted, pursuant to MCC 18.130.030, shall be shown on a site plan or map. The applicant shall also identify the type of construction of the existing tower(s) or antenna(s) and the owner/operator of the existing tower(s) or antenna(s), if known;
5. A description of compliance with MCC 18.130.030, General Requirements, and all applicable federal, state, county or local laws;
6. A notarized statement by the applicant as to whether construction of the tower or antenna will accommodate co-location of additional towers or antennas for future users;
7. An analysis explaining the reasons co-location is not feasible on existing towers, antennas, or other vertical structures in the vicinity, and describing the alternative technologies considered to provide similar services in lieu of a new tower or antenna;
8. A description of the feasible alternative location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is not erected;
9. A statement of compliance with applicable Federal Communications Commission (FCC) radio frequency (RF) exposure standards; and
10. Additional information may be required as deemed necessary to determine compliance with the goals of this chapter.
C. Factors Considered in Granting Conditional Use Permits for Towers or Antennas. In addition to any standards for consideration of conditional use permit applications pursuant to this chapter, the reviewing authority shall consider the following factors in determining whether to issue a conditional use permit, although the reviewing authority may waive or reduce the burden on the applicant of one or more of these criteria if it is determined that the goals of this chapter are better served thereby:
1. Height of the proposed tower or antenna;
2. Proximity of the tower or antenna to any residential structures and uses;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and vegetation;
6. Design of the tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
7. Proposed ingress and egress; and
8. Analysis on the availability of suitable existing towers, antennas, other structures, or alternative technologies not requiring the use of towers or antennas, as discussed in subsection (D) of this section.
D. Availability of Suitable Existing Towers, Antennas, Other Structures, or Alternative Technology. No new tower or antenna shall be permitted unless the applicant demonstrates that no existing tower, antenna, structure, or alternative technology that does not require the use of towers, antennas, or structures can accommodate the applicant’s proposed tower or antenna. An applicant shall submit information requested by the city related to the availability of suitable existing towers, antennas, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, antenna, structure, or alternative technology can accommodate the applicant’s proposed tower or antenna may consist of any one or more of the following:
1. No existing towers, antennas or structures are located within the geographic area which meets applicant’s engineering requirements;
2. Existing towers, antennas or structures are not of sufficient height to meet applicant’s engineering requirements;
3. Existing towers, antennas or structures do not have sufficient structural strength to support applicant’s proposed tower or antenna and related equipment;
4. The applicant’s proposed tower or antenna would cause electromagnetic interference with the equipment on the existing towers, antennas or structures, or the existing towers, antennas or structures would cause interference with the applicant’s proposed tower or antenna;
5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower, antenna or structure or to adapt an existing tower, antenna or structure for sharing are unreasonable. For this purpose, costs exceeding the construction of a new tower or antenna are presumed to be unreasonable;
6. The applicant demonstrates that there are other limiting factors that render existing towers, antennas and structures unsuitable;
7. The applicant demonstrates that an alternative technology that does not require the use of towers, antennas or structures, such as a cable microcell network using multiple low-powered transmitters or receivers attached to a wireless system, is unsuitable. For this purpose, costs of alternative technology that exceed new tower or antenna development shall be presumed to render the technology unsuitable; or
8. If the proposed location is in a residential district, that the location is necessary for the provision of personal wireless services to Maricopa residents and businesses, or their owners, customers, guests, or invitees, or other persons traveling in or about the city, based on substantial evidence that siting the facility outside of a residential district is infeasible and without the proposed facility, the operator will be unable to provide personal wireless services to its customers in the proposed coverage area, or unable to provide the capacity necessary to meet call and data volumes.
E. Minimum Setback, Separation and Maximum Height Requirements. The following height, setback, and separation standards shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the reviewing authority may reduce the standard setback, separation and height requirements if the goals of this chapter would be better served thereby:
1. Towers and antennas shall be set back a distance equal to at least 100 percent of the height of the tower or antenna from any adjoining lot line, excluding existing alternative tower structures; provided, however, that separation distances from residential uses shall be in accordance with Table 18.130.050.E, set forth below.
2. Accessory buildings must satisfy the minimum zoning district setback requirements set forth in this code.
3. Separation distances between towers and antennas shall be measured between the proposed tower or antenna and preexisting towers or antennas. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower or antenna and the proposed base, pursuant to a site plan, of the proposed tower or antenna. The separation distances (listed in linear feet) shall be as shown in Table 18.130.050.E, set forth below.
Table 18.130.050.E Conditional Use Permit – Setback, Separation and Maximum Height by Zoning District
Maximum Height in All Zoning Districts | Setback from Residential Uses | Separation from Other Antennas over 50 ft. Height | |
|---|---|---|---|
Freestanding | 65 ft. | 400 ft. | 600 ft. |
Alternative/Co-Location | 10 ft. above existing structure | 300 ft. | 600 ft. |
Buildings | 15 ft. above existing structure | 150 ft. | - |
Stealth | 75 ft. | 100 percent of height to property line | - |
[Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.05.]
A. Good Faith. Applicants and permittees shall cooperate and exercise good faith in co-locating wireless telecommunications facilities on the same support structures or site, if the city so requests. For the purposes of this section only, a site may accommodate more than one tower and its accompanying equipment so long as the site exceeds five acres. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing such information normally will not be considered as an excuse to the duty of good faith.
B. Third-Party Technical Review. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require the applicant to obtain a third-party technical study at the applicant’s expense. The city may review any information submitted by the applicant and permittee(s) in determining whether good faith has been exercised.
C. Exceptions. No co-location may be required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities or failure of the existing wireless telecommunications facilities to meet federal standards for emissions.
D. Violation and Penalty. Failure to comply with co-location requirements when feasible may result in denial of a permit request or revocation of an existing permit. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.06.]
Any antenna or tower that is not operated for a continuous period of 180 days shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 60 days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 60-day period shall be grounds for the city to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower for the prescribed period. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.07.]
A. Not Expansion of Nonconforming Use. Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
B. Preexisting Towers. Preexisting towers or antennas shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers or antennas. New construction other than routine maintenance on a preexisting tower or antenna shall comply with the requirements of this chapter.
C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding other provisions of this chapter, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a conditional use permit and without having to meet the separation requirements specified herein. Bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a conditional use permit and without having to meet the separation requirements specified in MCC 18.130.050. The type, height, and location of the tower or antenna on site shall be of the same type and intensity as the original facility approval; provided, however, that any destroyed lattice or guyed tower shall be replaced with a monopole structure only. Building permits to rebuild the facility shall comply with the current adopted building codes and shall be obtained within 90 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in MCC 18.130.070. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.08.]
A. Heritage District. All proposed tower and antenna conditional use permit requests for properties located within the MU-H Mixed Use – Heritage Overlay District require review and written recommendation from the zoning administrator or designee to the planning and zoning commission, prior to the initial public meeting for such request. [Ord. 24-01 § 2; Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.09.]
Regulations Applying in Multiple Districts
The purpose of this chapter is to prescribe development and site regulations that apply, except where otherwise specifically stated, to development in all zoning districts. These standards shall be used in conjunction with the standards for each zoning district located in Division 2, Base Zoning Districts, and Division 3, Overlay Districts. In any case of conflict, the standards specific to a zoning district shall override these regulations. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.01; Ord. 14-12 § 1.]
A. Applicability.
1. The provisions of this section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, arbors, gazebos, pergolas, and covered patios, that are detached from and accessory to the main building on the site. These provisions also apply to open, unroofed structures, such as decks and trellises, that are over six feet in height and that are detached from and accessory to the main building on the site.
2. When an accessory building or structure is attached to the main building, it shall be made structurally a part of and have a common wall or roof with the main building and shall comply in all respects with the requirements of this code applicable to the main building and all other applicable codes. Allowed building projections into setbacks are stated in MCC 18.80.040, Building projections into yards.
3. Where guest quarters are located over a detached garage, the entire structure shall be considered a main building, subject to the zoning district standards for main buildings. No portion of this building shall be closer to any lot line than is permitted for any other main building, except on an alley where the detached garage may be within the setback.
B. Relation to Existing Structures. A detached accessory building may only be constructed on a lot on which there is a permitted main building to which the accessory building is related. An accessory building on an adjacent lot under the same ownership is not allowed; the two lots must be merged. However, an accessory building may be constructed prior to a permitted main building and used for not more than one year in connection with the construction of the main building; provided, that a permit is obtained for the entire project, including the accessory building, prior to the start of any construction.
C. Location. Accessory structures shall be located behind the front line of the primary structure, unless otherwise specified in this code.
1. Corner Lot. On a corner lot, no detached accessory building shall be located so as to project beyond the required front yard or the existing front line of the primary structure on any street frontage for lots less than one acre.
2. Through Lot. On a through lot having frontage on two more or less parallel streets, no detached accessory building shall be located within one-fourth of the lot area of either street-facing property line.

Figure 18.80.020.C.2. Through Lot
D. Detached Garage Exception. In rural districts, and on large lots in residential districts (12,000 square feet or more), garages may be allowed on the front half of a lot if permitted by the development standards for the applicable zoning district.
E. Development Standards. Detached accessory buildings or structures shall comply with the development standards provided in Table 18.80.020B and observe the regulations set forth in MCC 18.80.040, Building projections into yards. The following building standards work in conjunction with base standards. If conflicting with development standards outlined in Division 2 or Division 3 of this title, those standards override these regulations.
Table 18.80.020.B Development Standards – Detached Accessory Buildings
Specific Criteria | |||
Building Standards | 120 s/f or less | Exceeds 120 s/f | Guest Quarters |
Height (ft) | 15 | 15 | 15 (1) |
Setbacks, min. (ft) | 3 (2), (3) | 5 | Same as main building per zoning district’s development standards (4) |
Rear Yard Area | 30% maximum of rear setback area – See Figure 18.80.020.E.2 | ||
This regulation is not to supersede the overall lot coverage for all roofed buildings/structures on the lot (see base zone district, lot coverage) | |||
Separation from Main Building | Six feet measured from roof eave to roof eave | ||
(1) Guest quarters above garages: 25 feet maximum height allowed with pitched roof. | |||
(2) Structures shall observe five feet of setback that: (a) exceed 25 feet in length or width, or (b) measure in excess of one-third of the width of the rear property line. See Figure 18.80.040. | |||
(3) Location relative to adjacent lot: if laterally forward of the adjacent lot’s front half point, observe five feet of setback. | |||
(4) Except when above a garage facing an alley, this condition shall observe the criteria of structure square footage. | |||
F. Rear Yard Area. Detached accessory structures shall not occupy more than 30 percent of the required rear yard setback.

Figure 18.80.020.E.2. Rear Yard Area
G. Facilities.
1. A detached accessory structure that has not been approved as a guest quarter may contain bathroom facilities upon review and approval by the zoning administrator and the building official. The applicant shall obtain all necessary building permits for work to be performed. The applicant shall sign a statement, at the time of submittal for a building permit, which will prohibit the use of the accessory structure as a second dwelling unit. The signed statement shall be in the form of a restrictive covenant and shall be recorded.
2. A detached accessory structure shall not have plumbing for separate housekeeping facilities, such as a kitchen or laundry facilities, unless it has been approved as a guest quarter, meeting the standards in MCC 18.120.010.
H. Permits. Accessory structures greater than 120 square feet for residential structures and 200 square feet for commercial structures shall require zoning administrator approval.
I. Factory-Built Modular Buildings. Factory-built modular buildings designed, manufactured, and attached to permanent foundations are permitted in all districts; provided, that such buildings are installed in conformance with all applicable provisions of this code.
J. Modular storage containers, such as corrugated metal shipping containers, are permitted in all districts as accessory structures under the following conditions:
1. The containers are not visible from the right-of-way (meaning from the public road);
2. The containers do not disrupt the flow of traffic within the parking lot; and
3. The containers are modified so they do not look like containers (i.e., painted to match the building, siding installed, etc.). [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.02; Ord. 14-12 § 1.]
Animal keeping is subject to the following standards:
A. Aviaries and Apiaries.
1. Buildings or hives for apiaries may not be closer than 75 feet to any neighboring residence.
2. Pens and structures for aviaries may not be closer than 40 feet to any neighboring residence.
B. Poultry, Bird, and Egg Farms. Poultry, bird, and egg farms are subject to the following standards:
1. Pens, buildings, and enclosures other than open pasture may not be located closer than 200 feet to any residential, commercial, or industrial district.
C. Livestock. Commercial breeding, raising, training, and grazing of horses, cattle, sheep, goats, ostriches, swine and other livestock are subject to the following standards:
1. Sites must be at least 10 acres in area.
2. Pens, buildings, corrals, and similar structures may not be closer than 200 feet to any residential, commercial, or industrial district.
D. Urban Chickens. The raising of chickens shall be subject to the following requirements, except in rural districts in which they do not apply:
1. No more than six hens may be kept on an individual lot.
2. Roosters shall be prohibited.
3. Fowl shall be kept in an enclosure located in the rear or side yard of the property at least 10 feet from a neighboring property and restrict the size of the enclosure to a maximum of 200 square feet with a maximum height of eight feet.
4. The enclosure shall be maintained, and manure picked up and disposed of or composted, at least twice a week.
5. Enclosures located in a residential community on a lot less than one acre in size shall be shorter than the fence line of the property.
6. The composted manure shall be kept in a way that prevents the migration of insects.
7. A water source with adequate overflow drainage is required for enclosures.
8. Feed shall be stored in insect-proof and rodent-proof containers.
9. Fowl shall be prohibited from running at large.
10. These standards do not apply to an enclosure that was constructed on or before the effective date of the ordinance codified in this chapter.
11. For the purposes of this chapter, “fowl” means a hen of the domestic chicken.
E. Horses. The keeping of horses is allowed on lots that are at least one acre in size. Up to three horses are allowed on one acre; an additional horse is permitted for each 3,000 square feet of lot area above one acre.
F. Household Pets. In all zoning districts except rural districts, a maximum of four dogs is allowed. These limitations do not apply to small animals kept within a residence, including cats, fish, small birds, rodents, and reptiles. Dogs confined in kennels shall not be kept closer than 20 feet from the nearest residential structure on an adjacent lot.
G. Boarding and Training Kennels in the General Commercial Zoning District. Boarding shall be limited to household pets; the commercial breeding of animals shall be prohibited. Hours of operation for outdoor areas shall be limited to between the hours of 6:00 a.m. and 7:00 p.m. All indoor facilities shall be completely enclosed. All outdoor dog runs or exercise areas associated with a boarding facility shall not be located within a required landscape setback or within 100 feet of any residential use or district, whichever is more restrictive. Outdoor runs and exercise areas shall not be located within 25 feet of any building’s primary entrance on an abutting lot or suite and shall be enclosed by a minimum six-foot wall or fence. [Ord. 24-12 § 2; Ord. 24-01 § 2; Res. 21-09; Ord. 21-05 § 2; Ord. 18-06 § 2; Res. 14-36 § 401.03; Ord. 14-12 § 1.]
Building projections may extend into required yards, subject to the following standards:
A. No projection may extend closer than two feet to an interior lot line or into a public utility easement and may not encroach over a public utility easement, drainage easement, or other restrictive easement.
B. No air-conditioning unit, pool pump or similar mechanical equipment, or any building encroachment, other than roof overhangs or eaves, shall be permitted in any side yard required for vehicular access.
C. Awnings, eaves, overhangs, or basement window wells may encroach up to three feet into any required yard.
D. For single-family houses in residential districts, covered porches may project up to six feet into a required front or rear yard.
E. Vestibules, bay windows, nooks, chimneys, or similar wall projections with or without footings may encroach not more than three feet into any required front or rear yard and not more than two feet into any required side yard. The aggregate width may not exceed one-third the length of the building wall.
F. Staircases may be allowed up to three and one-half feet in height within any required front yard, and encroach up to 10 feet horizontally into any required rear yard.
G. Attached open porches, open patios, open carports, or open balconies may encroach into a required rear yard, but shall not be closer than 15 feet to a rear property line. Such open structures may include window screens, knee walls, and other partial enclosures as specified in the building code for patio covers.

Figure 18.80.040. Building Projections
[Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.04; Ord. 14-12 § 1.]
[Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.05; Ord. 14-12 § 1.]
A. Generally. The regulations applicable to each zoning district shall be applied to the area within that district, and no use shall be located in a zoning district in which it is not a permitted or conditionally permitted use, except in situations listed in subsection (B) of this section. When deemed appropriate, the applicant or city shall initiate a zone change to make the zoning district lines consistent with lot lines.
B. Exception. If more than 60 percent of the lot is in one zoning district, the hearing officer may grant exceptions to subsection (A) of this section, based on consideration of the proposed use of the lot and the existing uses on surrounding lots. Such an exception shall be considered through the administrative use permit process. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.06; Ord. 14-12 § 1.]
Any lot or parcel of land under one ownership and of record on the day of incorporation of the city may be used as a building site, even when of less area or width than that required by the regulations for the zoning district in which it is located. Such lot or parcel shall be subject to the setbacks and all other regulations applying to standard-size lots in the zoning district where the lot or parcel is located, unless a variance or waiver has been approved. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.07; Ord. 14-12 § 1.]
A. Allowed Projections Above Height Limits. The structures listed in Table 18.80.080 may exceed the maximum permitted building height for the zoning district in which they are located, subject to the limitations stated in the table; and further provided, that no portion of a structure in excess of the building height limit may be used for sleeping quarters or advertising.
Table 18.80.080 Allowed Projections Above Height Limits
Structures Allowed Above the Height Limit | Maximum Coverage, Locational Restrictions | Maximum Vertical Projection Above the Height Limit |
|---|---|---|
Skylights | No limitation | 1 foot |
Solar panels | No limitation | 3 feet |
Other energy production facilities located on rooftop such as wind turbines | No limitation | 5 feet |
Chimneys Decorative features such as domes, cupolas, pediments, obelisks, and monuments Rooftop open space features such as sundecks, sunshade and windscreen devices, open trellises, and landscaping, excluding detached residential structures | 20% of roof area for all structures | 20% of base height limit or 10 feet |
Elevator and stair towers (for multi-unit and nonresidential buildings only) | N/A | 12 feet |
Mechanical penthouses | 60% of roof area | 10 feet |
Flagpoles | Shall be set back at least to the height of the pole from all lot lines; only one per residential lot | 10 feet |
Fire escapes, catwalks, and open railings required by law | No restriction | No restriction |
Religious facility architectural elements such as spires, bell towers, and domes | 20% of roof area | No restriction |
Parapets excluding detached residential structures | N/A | 4 feet |
Distribution and transmission towers, lines, and poles Water tanks Windmills Airway beacons | 20% of the area of the lot, or 20% of the roof area of all on-site structures, whichever is less; no limit if a primary use permitted in the district | 10 feet as an accessory structure; none as a primary use |
Building-mounted telecommunications facilities, antennas, and microwave equipment Radio towers | Subject to provisions of Chapter 18.130 MCC, Telecommunications Facilities. A conditional use permit is required for commercial communication towers that exceed the maximum permitted height of the district in which they are located. | |
Athletic field lighting | 80 feet | |
Bucket elevators, vertical conveyors and conveyor equipment, smokestack scrubbers, support towers, grain bins and grain silos, and any other height relevant industrial mechanical appurtenances | 1. Shall be set back an additional 3 feet for every 1 foot of height exceeding 80 feet. | Maximum height: 80 feet. Additional height may be granted by the zoning administrator; however, in no event shall the total height exceed 120 feet. |
[Res. 22-12; Ord. 22-03 § 2; Res. 21-09; Ord. 21-05 § 2; Ord. 18-06 § 2; Res. 14-36 § 401.08; Ord. 14-12 § 1.]
Fences, freestanding walls, dense hedges, and similar structures shall comply with the standards of this section.
A. Maximum Height.
1. Front Yards and Street Side Yards. No fence or freestanding wall within or along the exterior boundary of the required front or street side yard shall exceed a height of three and one-half feet. Visually transparent and nonopaque fences over three and one-half feet high may be allowed in front and street side yards, through modification by the hearing officer.
2. Interior Side and Rear Yards.
a. Residential Districts. No fence or freestanding wall within or along the exterior boundary of the required side or rear yards shall exceed a height of six feet.
b. Commercial, Mixed Use, and Industrial Districts. No fence or freestanding wall within or along the exterior boundary of the required side or rear yards shall exceed a height of eight feet.
c. Rural Districts. A fence or freestanding wall up to eight feet in height may be allowed on interior lot lines for screening purposes and livestock fencing.
3. Decorative Features. One entry gateway, trellis, or other entry structure is permitted in the required front or street-facing side yard of each lot; provided, that the maximum height or width of the structure does not exceed 10 feet. Such decorative feature shall not have any solid obstruction that exceeds two feet in diameter between the height of three and 10 feet.

Figure 18.80.090.A. Fences
B. Materials. The following fencing materials are prohibited and/or restricted:
1. Residential and open space districts: barbed wire, razor wire, embedded glass shards, ultra barrier, electrified and other hazardous fencing are prohibited;
2. Chain link fencing: chain link fencing may only be used:
a. Residential districts: when not visible from off site;
b. All other districts: when not visible from off site, as temporary fencing for a construction project, or as approved by the zoning administrator.
C. Visibility at Intersections. Notwithstanding any other provisions of this section, fences and walls shall comply with the standards of MCC 18.80.150, Visibility at intersections and driveways.
D. Corner Lots. Fences shall be a maximum of three feet in height within the sight distance triangle, unless a waiver is obtained from the hearing officer. Trees or any portion thereof that are located within the street triangle shall have clearance from two to seven feet as measured from the top of the curb or sidewalk. In the event that the rear property line of a corner lot abuts a side property line of an adjoining key lot, a 10-foot-deep by 20-foot-wide visibility triangle shall be maintained over the corner lot, starting at the intersection of the rear and street side property lines of the corner lot.

Figure 18.80.090.D. Corner Lot Abutting a Key Lot
E. Access for Public Utilities. Where fencing blocks public utility easements, it shall be constructed so those portions required for access to the utilities can be removed or access otherwise ensured.
F. Rural Districts. Corral fences for the keeping of livestock may be placed within the required front yard in rural districts. Corral fences shall be constructed of masonry, wrought iron, pipe-rail, split rail, or similar material, and shall maintain a minimum openness of 67 percent of the exterior surface of the fence. Corral fences shall not be constructed of metal wire, such as chain link or barbed wire. Corral fences shall not exceed six feet in height.
G. Commercial, Mixed Use, and Industrial Districts.
1. Exceptions to Height Limits. A waiver of fence height may be granted by the hearing officer. The maximum height that is allowed with a fence height waiver is six feet in front or street side yards, and 10 feet in interior side or rear yards.
2. Prohibited Materials. Chain link fencing is not permitted in any street-facing yard in any commercial or mixed use district or in a location visible from off site. In all commercial and mixed use districts and on the perimeter of industrial districts or street-facing frontages, the use of barbed wire, razor wire, embedded glass shards, ultra barrier, electrified, and other hazardous fencing is prohibited.
H. Retaining Walls. The height of a retaining wall shall not exceed that of freestanding wall height limits in subsection (A) of this section. Refer to MCC 18.15.030(E) for measuring wall heights for retaining and freestanding wall combinations. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.09; Ord. 14-12 § 1.]
Open storage of goods, materials, machines, equipment, and vehicles or parts outside of a building for more than 72 hours must conform to the standards of this section. The regulations of this section do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit and to agricultural/farming equipment used for agriculture or farming on the property.
A. Permitted Locations. Table 18.80.100 states where outdoor storage is permitted.
Table 18.80.100 Open Storage Regulations by District and Location
Base Districts | Permissibility of Open Storage |
Rural | Permitted if associated with a permitted agricultural use, located outside of all required setbacks, and screened subject to the standards of this section from adjacent residential properties and public rights-of-way. |
Residential, Neighborhood Commercial, and Mixed Use | All storage must be within an enclosed building except as specified for accessory outdoor display (garden centers, plant nurseries, lumber supply areas for home centers), subject to screening standards and to review and approval of a use permit. |
Industrial | Not permitted in front or street-facing side yards. Permitted in interior side and rear yards, or outside of required yards, subject to the standards of this section. All outdoor storage for industrial uses such as materials, racking, equipment, vehicles, or other similar items shall be screened from public view, public uses, and public open spaces. Such screening shall consist of a wall or fence with a minimum height of eight feet, or a height that will adequately screen the stored items as determined by the zoning administrator. Chain link fences with woven fabrics slats are not permitted. |
Public Facilities and Fleet Maintenance Yards | Not permitted in front or street-facing side yards. Permitted in interior side and rear yards, or outside of required yards, subject to the standards of this section. |
B. Screening and Setbacks. Storage areas visible from public streets that are not separated from the street by intervening building(s) shall be screened.
1. Screening Walls. Screening walls and fences shall be at least eight feet in height. If located on a lot line or in a required yard, they shall not exceed the maximum allowable fence heights in required yards.
2. Setback. A setback shall be provided for outdoor stored material at the ratio of 1:1 from all lot lines equal to total height of stored material above required screen wall. Minimum required yards visible from off site and not enclosed by an eight-foot screen wall are required to be landscaped. Outdoor storage areas shall provide the minimum required landscape buffer zones for sites abutting residential zoning districts, as established in Chapter 18.90 MCC.

Figure 18.80.100.B. Outdoor Stored Material
[Res. 22-12; Ord. 22-03 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.10; Ord. 14-12 § 1.]
A. Screening of Mechanical Equipment. All exterior mechanical equipment, whether on a roof, on the side of a structure, or located on the ground, shall be screened from public view. Exterior mechanical equipment to be screened includes, but is not limited to, heating, ventilation, air conditioning, refrigeration equipment, plumbing lines, ductwork, transformers, smoke exhaust fans, water meters, backflow preventers, service entry section and similar utility devices. Screening shall be architecturally integrated into the main structure with regard to materials, color, shape, and size to appear as an integral part of the building or structure. Equipment shall be screened on all sides, and screening materials shall be opaque. When screening with plants, evergreen types of vegetation shall be planted and maintained. Plant material sizes and types shall be selected and installed so that at the time of building occupancy such plants effectively screen their respective equipment. The use of wood, expanded metal lath, and chain link for the purpose of screening is prohibited. The following additional screening standards apply:
1. Roof-Mounted Equipment. Whenever feasible, roof-mounted equipment screening shall be constructed as an encompassing monolithic unit or a series of architecturally similar screening units on large roofs, rather than as several individual screens (i.e., multiple equipment screens, or “hats,” surrounding individual elements shall not be permitted). The height of the screening element shall equal or exceed the height of the structure’s tallest piece of installed equipment.

Figure 18.80.110.A.1. Screening of Roof-Mounted Equipment
2. Ground-Mounted Equipment. Ground-mounted equipment including but not limited to water meters, backflow preventers, and transformers that faces a street or is not separated from the street by intervening building(s) shall be screened to a height of 12 inches above the equipment unless such screening conflicts with utility access, in which case reasonable accommodation shall be allowed. Screening devices shall consist of decorative walls and/or berms (3:1 maximum slope) with supplemental plant materials including trees, shrubs and ground covers. For screen walls that are three feet high or lower, vegetative materials may be substituted for 50 percent of the screening device. This requirement does not apply to equipment in the interior of a lot that is not visible from the street. Electrical substations, water tanks, sewer pump stations and similar utilities are required to be screened and secured with an eight-foot-high wall.

Figure 18.80.110.A.2. Screening of Ground-Mounted Equipment
3. Exterior Wall Equipment. Wall-mounted equipment, including but not limited to electrical meters, electrical distribution cabinets, service entry sections, and valves and cabinets that face a street, public parking and is not recessed and/or separated from the street by intervening building(s) or walls or gates, shall be screened. Screening devices shall incorporate elements of the building design, e.g., shape, color, texture and material. For screen walls that are three feet in height or lower, vegetative materials may be substituted for 50 percent of the screening device. This requirement does not apply to fire related elements.
4. Upgrades to Existing Mechanical Equipment. The hearing officer may waive or modify screening requirements for upgrades to existing mechanical equipment if reasonable accommodations are made to meet the intent of this code.
B. Truck Docks, Loading, and Service Areas. Truck docks, loading, delivery, and service bays shall be screened according to the standards of MCC 18.80.130 and Chapter 18.90 MCC.
C. Roof Access Ladders and Fire Sprinkler Risers. In all new construction, roof access ladders and fire sprinkler risers shall be located internally.
D. Trash and Refuse Collection Areas. Latching view-obscuring gates shall be provided to screen trash enclosure openings where visible from street and/or public parking areas. Gates’ swings shall be clear of drive aisles and gates shall have a sign posted that reads, “KEEP GATES CLOSED AT ALL TIMES” (or equivalent). The trash enclosure shall match and complement the color scheme and architecture of the building.
E. Parking Areas. Parking areas and drive aisles shall be screened from street(s) with a combination of perimeter walls made of masonry (or similar material, such as gabion walls) and/or perimeter berms or landscape screening materials with supplemental shrubs and ground covers.
1. The screening device shall vary in height from a minimum of three feet and not to exceed three and one-half feet and shall be offset or staggered in plan by at least 24 inches at intervals of no more than 30 feet or include a mixture of live and solid walls.
2. The screening device shall vary in height from 12 to 18 inches when lawful display of automobiles, trucks, recreational vehicles, manufactured homes, boats, motorcycles, and utility trailers is adjacent to public streets.
3. Screen wall and/or berm height shall be measured from the finish grade of the parking lot.
4. A setback of at least five feet shall be provided between the screen wall and the edge of the parking area.
5. A setback of at least 10 feet shall be provided between the screen wall and the right-of-way, which may be reduced to five feet if the parking area frontage is 50 feet or less and there are no other conflicts, such as, but not limited to, public utility easements.
6. The hearing officer may approve alternatives to these screening standards if reasonable accommodations are made to meet the intent of this code.
F. Common Lot Lines. A screening wall shall be provided on the interior lot lines of any lot that contains any commercial use, industrial use, public or semi-public use (except cemetery or public park and recreation facility), or transportation, communication, and utilities use, and abuts a residential district or residential use. Such screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one use classification to another nonresidential use classification.
1. Location. Screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide from adjoining lots the building, facility, or activity required to be screened.
2. Materials. Industrial uses must provide a solid screening wall of stucco, decorative block, or concrete panel. Screening walls for other uses may be constructed of stucco, decorative block, concrete panel, wood or other substantially equivalent material. Chain link fencing does not fulfill the screening wall requirement.
3. Berms. An earth berm may be used in combination with the above types of screening walls, but not more than two-thirds of the required height of such screening may be provided by the berm.
4. Relationship to Fence and Wall Height Limits. If the minimum required screening wall height exceeds the maximum permitted height of fences and freestanding walls for the zoning district, then a screening wall shall be provided that conforms with the maximum permitted fence height in the applicable portion of the property.
G. Screening Along Residential District Boundaries. A screening wall six feet in height is required wherever a site located in a commercial or mixed use district abuts a residential district. Openings in the wall are allowed for pedestrian access. The zoning administrator may require additional screening elements, up to eight feet in height, if necessary to screen commercial uses.
H. Screening and Separation of Parking Areas. Parking areas located between a building and street shall be screened with a screening wall or berm at least three feet and not to exceed three and one-half feet high. In addition, parking areas shall be separated from on-site buildings by a distance of at least 10 feet, which shall be landscaped and may also include a pedestrian walkway.

Figure 18.80.110.H. Screening and Separation of Parking Areas
I. Screening and Location of Accessory Uses. Outdoor accessory uses, such as, but not limited to, propane storage tanks, fuel storage and dispensing facilities not a part of a gas or service station, donation drop boxes and collection areas, are only permitted as an accessory use within commercial and industrial zoning districts and as an accessory to institutional and assembly uses. Such accessory uses shall not be located within the minimum front and street side building setback and shall meet all other applicable codes and ordinances. Accessory uses shall be shown on a site plan and provide screening and landscape in a manner to obscure views from adjacent roadways. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.11; Ord. 14-12 § 1.]
A. Swimming pools and spas located in any zoning district must be developed in compliance with the following standards:
1. Exclusive Use. If located in a rural or residential district, the swimming pool or spa is to be solely for the use and enjoyment of residents and their guests, unless it is associated with a golf course or resort.
2. Filtration Equipment. Swimming pool or spa filtration equipment and pumps shall not be located in the front or street side yard. All pool/spa filtration equipment shall be mounted and enclosed so that its sound is in compliance with Chapter 18.110 MCC, Performance Standards.
3. Pool Setbacks. Pool setbacks from water edge to lot perimeter barrier/fence shall be a minimum of three feet from the water.

Figure 18.80.120.A.3. Pool Setbacks
4. Enclosure. Refer to current adopted building codes for minimum barrier requirements. [Ord. 24-01 § 2; Res. 21-09; Ord. 21-05 § 2; Ord. 14-12 § 1; Res. 14-36 § 401.12.]
A. In addition to the requirements outlined in Chapter 18.105 MCC, all truck docks, loading, and service areas shall be located and screened as follows:
1. Minimum Distance from Residential District. Truck docks, loading, and service areas are not permitted within the minimum required transitional setback of the district in which they are located, from any residential district or residential use.
2. Location on Lot. In all districts except the rural and industrial districts, truck docks, loading areas, and service areas must be located at the rear or interior side of buildings, rather than facing a street.
3. Screening. Truck docks, loading areas, and service areas located in any zoning district shall be screened from any adjacent residential districts or uses. Docks, loading, and service areas in any district except the industrial districts shall be screened from view of adjacent streets. Screening shall consist of a solid masonry wall at least eight feet in height or opaque automated gates. Sustainable development bonus incentives may be available for alternative screening methods; refer to Chapter 18.125 MCC. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.13; Ord. 14-12 § 1.]
All electrical, telephone, cable television, fiber optic cable, gas, water, sewer, irrigation/recycled water, and similar distribution lines providing direct service to a project shall be installed underground within the site. This requirement may be waived by the zoning administrator upon determining that underground installation is infeasible or the electrical line is otherwise exempt from an undergrounding requirement. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.14; Ord. 14-12 § 1.]
Notwithstanding any other provisions of this section, no fence, wall, shrubbery, sign, or other obstruction to vision between a height of two feet and seven feet above the centerline grades of the intersecting streets shall be erected, placed, planted, allowed to grow, or maintained within the site visibility triangle as specified in MCC Title 17, Subdivisions. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 401.15; Ord. 14-12 § 1.]
A. Specific Purpose. The specific purpose of this chapter is to ensure the timely provision of adequate infrastructure, and promote orderly and efficient development, consistent with the general plan.
B. Applicability. This chapter provides general requirements for all new development to ensure that public facilities such as fire access, sewer, water, and storm drainage systems, and other facilities that are located within public rights-of-way, easements, and on land owned by the city. All new development in the city shall meet the minimum established service levels for new development. Conformance with the city’s adopted plans, engineering policies, and related standards in the city’s subdivision regulations also is required. [Ord. 14-12 § 1; Res. 14-36 § 402.01.]
A. Conformance with Public Facility Standards. Development plans, when required to establish a use or development, shall conform to the general standards contained in this chapter, prior to the city granting land use or development approval. Public improvement design and construction of sanitary sewer and water systems, storm drainage facilities, transportation facilities, including pedestrian and bicycle pathways, street lights, public parks, or other improvements shall not be undertaken except after the appropriate plans have been approved by the city, permit fees paid, and permits issued.
B. Impact Analysis. The city may require an impact analysis prepared by a qualified engineer to determine sanitary sewer system, water system, storm drainage system, traffic, access, circulation and other public facility or private utility mitigation requirements.
C. Conditions of Approval. The city may conditionally approve a land use or development application to ensure that the proposed development complies with applicable standards. Public facility improvements required as a condition of approval (i.e., when not otherwise proposed by the applicant), shall be roughly proportional to the impact of development, as required by law.
D. Construction Plan Review and Permitting. Public facility improvements (i.e., improvements to be dedicated to the city) shall require a construction permit subject to review and approval by the city engineer prior to commencing work. [Ord. 14-12 § 1; Res. 14-36 § 402.02.]
A. Multi-Modal Transportation Connections. All development projects shall provide or be served by a safe, attractive, and functional transportation system that is accessible and accommodates all modes of transportation (automobiles, pedestrian, bicycling, and transit) in conformance with the general plan.
B. Street Access. All developments shall have approved access to a public street.
C. Street Layout and Design. The layout and design of streets and alleys shall conform to the general plan, MCC Title 17, Subdivisions, and all other adopted plans including engineering design standards and cross-sections contained in the city’s standard details.
D. Dedications. Required dedications shall conform to MCC Title 17, Subdivisions and all other adopted plans and policies of the city.
E. Connectivity. Appropriate provisions shall include, but are not limited to, a safe, direct, and accessible pedestrian accessway being provided through the site, conforming to the Americans with Disabilities Act (ADA).
F. Neighborhood Accessibility and Traffic Calming. Proposed streets, street extensions, driveways, and pedestrian accessways shall be designed and located to slow traffic on local streets between residential neighborhoods and existing or planned commercial services and amenities, such as schools, shopping areas, parks, and transit facilities. Traffic calming features may also be required for the circulation systems and street access points of larger developments on 160 acres or more. Traffic calming measures, such as curb extensions, traffic circles, roundabouts, and special paving at intersections, shall conform to the city’s standard details and emergency service provider requirements. Streets, driveways and pedestrian accessways shall also conform to the ADA.
G. Transit Facilities.
1. Bus pull-outs, shelter pads, shelters, and related right-of-way and easements may be required when a development is adjacent to an existing or planned bus stop or transit station. These facilities shall be integrated into the overall pedestrian plan of a project and designed consistent with the city’s standard details.
2. Pedestrian pathways shall be designed to provide a direct connection between the main building entrance and public sidewalks and transit stops. Landscape plans shall be designed to provide shading of the pedestrian pathways and transit stops, where applicable.
3. Furniture installed at bus stops shall be located to provide an accessible route between components and any switch boxes, mailboxes, utility boxes and similar features.
4. All bus stops shall meet or exceed current ADA requirements for transit.
H. Street Lights. Street lights for public streets shall be installed concurrent with other city infrastructure requirements prior to occupancy, and conform to the city’s policies and utility requirements. Street light standards for private streets shall be determined through the development plan review.
I. Street Stubs. Streets shall be extended to the boundary lines of the parcel or tract to be developed when the decision-making body determines that the extension is necessary to give street access to future development on an adjoining parcel. These street stubs are not considered to be cul-de-sacs. The zoning administrator may require the developer to provide a temporary barricade, and/or turnaround for street stubs over 150 feet in length.
J. Grades and Curves. Street grades and curves shall conform to the city’s standard details and emergency service provider requirements.
K. ADA Accessibility. The design of curbs, curb cuts, driveway approaches, ramps, gutters, sidewalks, and paving shall provide ADA-required accessibility.
L. Private Streets. Access control gates shall conform to police, transportation, fire, and refuse access standards and provide emergency access override switches acceptable to the fire marshal. Private streets are required to meet the same construction standards as public streets, and lighting levels shall conform to city standards. The developer must provide a warranty on private streets deliverable to the city. [Ord. 14-12 § 1; Res. 14-36 § 402.03.]
A. Adequate Public Facilities. Adequate sanitary sewer, storm drainage, and water system facilities, including required fire flow, shall be provided by the developer concurrent with the development. Specific exception to this standard may be approved for development in the MU-H Overlay District; see Chapter 18.75 MCC.
B. Design. The design of sanitary sewer, storm drainage, and water system facilities shall conform to the city’s standard details and engineering policies and private utility company standards where these are separately provided. An approved grading and drainage plan by the engineering division is required prior to development approval. Specific exception to this standard may be approved for development in the MU-H Overlay District; see Chapter 18.75 MCC.
C. Underground Facilities. All sanitary sewer and water system facilities shall be located underground within public rights-of-way, public utility easements or exclusive easements, with the exception of some valves, mechanical and electrical devices and similar devices, which must be located above ground. Storm water retention facilities are permitted on the surface of the land.
D. Storm Water Retention Required. Storm water retention is an integral component of the city’s storm water management program and compliance with Arizona Pollutant Discharge Elimination System requirements. Due to limitations of discharge outlets, on-site retention is a high priority element for a successful program to minimize flooding and related property damage. [Ord. 14-12 § 1; Res. 14-36 § 402.04.]
When a development, addition, or change in use requires new or expanded utility services (e.g., water, telephone, natural gas, cable television, internet, electricity, etc.), the developer/builder is required to contact the appropriate utility companies and coordinate underground installation of the utilities. The city will not participate in the cost of constructing or relocating utilities for private development. The developer/builder also is responsible for contacting the Arizona Department of Water Resources for projects involving wells or ground water withdrawal. The city may require that existing utilities that are above ground be placed underground. [Ord. 14-12 § 1; Res. 14-36 § 402.05.]
The specific purpose of this chapter is to establish standards for landscaping. The landscaping standards are intended to:
A. Improve the appearance of the community by requiring aesthetically pleasing landscaping on public and private sites;
B. Soften the appearance of urban development;
C. Ensure appropriately designed and maintained landscaping elements that allow natural surveillance;
D. Generate and preserve community identity to reinforce a sense of place that is unique to various neighborhoods and districts throughout the city;
E. Encourage the use of drought-tolerant, native or adapted plant species and demonstrate appropriate design and maintenance techniques and discourage the use of nonnative invasive plants which require more water and have a negative impact on the city’s natural environment; and
F. Provide environmental improvements, such as mitigating air and storm water pollution, providing shade, and reducing the effects of the urban heat island. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 404.01; Ord. 14-12 § 1.]
A. Applicability. The regulations of this chapter shall apply to:
1. Proposed Developments. All buildings and uses of land, except active agricultural buildings located further than 100 feet from public rights-of-way.
2. Existing Properties. After the effective date of this code, for any proposed change to the primary exterior features of a building, such as alterations to entranceways, porches, driveways, and front yards, or exterior additions that project into the front yard, an increase in parking, or a change in use or building occupancy designation, the standards of this chapter apply.
B. Exempt Projects. The requirements of this chapter do not apply to:
1. Interior or upper-story additions to existing nonresidential or residential construction that add less than 20 percent to the existing floor area;
2. The establishment of an accessory use on the same lot as an existing primary use, such as the installation of an accessory office space, with no expansion of floor area or outdoor area occupied; and
3. A change in occupancy of a building that does not involve a change in the use type (e.g., the use classification). [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 404.02; Ord. 14-12 § 1.]
A. Landscaped Areas. Required landscaped areas shall be maintained free from encroachment by any use, structure, vehicle, or feature not a part of the landscaping design, except for the fire hydrants and related fire protection devices, mailbox clusters, pedestals, poles, cabinets, utility-housing boxes, or other permanent fixtures as approved for emergency or service access.
1. Where turf abuts decomposed granite or similar inorganic landscape material, a hardscape edging material such as brick or concrete curb/mowstrip shall be provided.
2. Where vehicular cross-access is provided between adjoining properties that are not part of group commercial, office, or industrial development, a 15-foot-wide perimeter landscape yard except where drive aisle occurs shall be provided.
B. Tree Size. Required trees shall meet the growth dimensions specified in the Arizona Nursery Association “Recommended Tree Specification,” latest edition, a copy of which will be maintained on file by the planning division and available upon request. The zoning administrator may approve deviations from these minimum specifications based on availability, if a deviation is requested prior to installation.
C. Shrubs. Required shrubs shall have a minimum mature growth height of 18 inches. At least 50 percent of required shrubs shall be a minimum of five gallons in size upon installation, but in no case shall any shrub be less than one-gallon size.
D. Ground Cover. Required ground cover may be of two types:
1. Vegetative ground cover consisting of living plant materials characterized by horizontal as well as vertical growth, generally not exceeding 18 inches in height.
2. Inert ground cover consisting of gravel, decomposed granite, crushed rock, desert tree mulch, or other approved materials. The use of “desert cobble” that looks like the desert floor, consisting of natural desert covers and seed mix, is encouraged. Minimum depth of inert material shall be two and one-half inches.

Figure 18.90.030.D. Ground Cover Types
E. Irrigation Systems. Required irrigation systems shall be underground automatic watering systems, unless the lot is served by functioning flood irrigation. Irrigation and plantings within three feet of public utilities, such as but not limited to electrical transformers, light poles and fixtures, and communication services, shall be limited to drip systems so as to not overspray to cause undue corrosion to utility structures.
F. Paving and Hardscape Materials. Paving and ground treatment shall be an integral part of site and landscape design.
G. Minimum Open Space Required. The following indicates the minimum required open space by zoning district:
1. Any parking area landscaping that exceeds the minimum requirements of the code shall be counted as open space if determined by the zoning administrator that the landscape area enhances the general area proposed.
2. Open space does not include parking areas except parking lots for trailheads and/or for the neighborhood parks (not parking lots required for other uses).
3. Bicycle trails (not bike lanes within the pavement section), pedestrian trails, equestrian tracts, and trailheads may also be calculated as open space.
4. Landscape buffers and landscaped medians shall be a minimum of 10 to 15 feet in width in order to be calculated as part of the required open space.
5. Open space does not include retention and/or detention basins that are concrete lined or nonlandscaped, vacant lots, or undeveloped lots.
6. Residential zoning districts shall have a minimum of 60 percent of the required open space for any development and should be developed as “useable” open space with the recreational amenities needed to support the new neighborhood demand incorporated into that open space.
7. Not more than 50 percent of the required open space shall be attributed to golf course use or ancillary golf uses.
H. Maintenance.
1. Individual property owners and/or homeowner’s associations shall properly maintain all landscape materials and landscape areas, including that within the public rights-of-way adjacent to the development, in accordance with the approved landscape plan, except in and along public rights-of-way and easements where the city of Maricopa has agreed to provide maintenance.
2. Replacement of dead trees and required landscaping shall be by the homeowner’s association or the individual property owner and shall be completed within three months from the date that the association or property owner is notified by the city.
Table 1 Open Space Requirements by Zoning Districts
Zoning District | Required Percentage of Open Space |
|---|---|
Rural Districts | 0% (1 – 49 lots; min. lot size 54,000 sq. ft.) 2% (50+ lots; min. lot size 54,000 sq. ft.) 10% (1 – 49 lots; min. lot size 20,000 sq. ft.) 12% (50+ lots; min. lot size 20,000 sq. ft.) |
Residential Districts | 15% (1 – 99 lots; min. lot size 12,000 sq. ft.) 17% (100+ lots; min. lot size 12,000 sq. ft.) 20% (1 – 99 lots; min. lot size 7,000 sq. ft.) 22% (100+ lots; min. lot size 7,000 sq. ft.) |
Mixed Use Districts | 15% |
Commercial Districts | 10% (20 acres or less in size) 15% (greater than 20 acres in size) |
Industrial Districts | 10% (100 acres or less in size) 15% (greater than 100 acres in size) |
Public Institutional Districts | 10% (20 acres or less in size) 15% (greater than 20 acres in size) |
[Ord. 24-04 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 404.03; Ord. 14-12 § 1.]
A. Landscaping in Visible Yards.
1. Standards. Off-site street landscaping and on-site landscape buffer setback standards must comply with MCC 17.30.050. Street-facing yards, parking areas, and on-site landscaping shall comply with this code.
2. Allowable Uses. Yards that are visible from public streets and not used for parking lanes, or pedestrian walkways or allowable outdoor facilities shall be exclusively maintained as landscaped areas with plant materials and may include monument signs, parking screen walls, and retention basins as well as utility boxes and related equipment.
3. Exceptions. Outdoor seating for restaurants and cafes may encroach:
a. In NC Districts, up to 50 percent of the width of the required landscape area; and
b. In mixed use districts, the entire width of the required landscape area. The city encourages the use of tree wells and planters to help define outdoor seating areas and to enhance urban spaces.
4. Numbers of Plants. Except as otherwise required by the subdivision regulations, the required on-site plantings for multiple-family, mixed use, commercial, and institutional developments shall include a minimum of one tree and six shrubs per 650 square feet of landscaped area, with 40 percent ground cover. Industrial developments shall provide one tree and six shrubs per 1,000 square feet of landscaped area, with 25 percent ground cover. Where conflict occurs between the provisions of this code and MCC Title 17, Subdivisions, the more restrictive provision shall apply.
5. Minimum Size. In addition to minimum landscaping required in MCC 17.30.050, minimum size of plant materials shall be as follows:
a. Trees.
i. A minimum of 50 percent of the total required trees shall be 24-inch box trees.
ii. No trees shall be smaller than 15-gallon size.
b. Shrubs.
i. A minimum of 50 percent of the total required shrubs shall be five-gallon size or larger.
ii. No shrubs shall be less than one-gallon size.
c. Substitutions. Substitutions for the above requirements may be made according to the following table:
Table 18.90.040.A.5.C Tree Substitutions
Tree to be placed on site | 15-gallon tree equivalent | 24-inch box tree equivalent |
|---|---|---|
24-inch box tree | 2 trees | – |
36-inch box tree | 3 trees | 2 trees |
48-inch box tree | 4 trees | 3 trees |
60-inch or larger box tree | – | 4 trees |
6. Ground Cover. All landscape areas shall be covered with materials such as three-quarters inch Mountain Vista Brown landscape rock or similar material in combination with supplemental shrubs and ground covers, accents, flowers, and vines.
7. Retention Basins.
a. Retention basins may not occupy more than 50 percent of the minimum required front yard and street side yard setback landscape areas.
b. Basins along street frontages shall be incorporated into the landscape plan and designed to appear natural or integrated with the site plan and architecture of the site.
c. Retention basins shall be constructed in accordance with plans approved by the city engineer and shall conform to grading and landscape plans approved by the city of Maricopa.
B. Adjacent Lot Lines.
1. Buffer Zones Adjacent to Residential Zoning Districts and Open Space.
a. Requirement. Properties located adjacent to residential districts, community trail systems, and open space areas shall have a landscaped buffered area with a minimum width of 25 feet for commercial and mixed use districts, and 40 feet for industrial districts. In no case shall it exceed a 3:1 slope. At a minimum, buffer areas shall contain a minimum of one tree and two shrubs every 25 feet, or portion thereof, to provide visual screening between uses in addition to the minimum required landscaping on site.
b. Ground Treatment. The buffer zone except for pedestrian walkways shall be covered with materials such as decomposed granite, desert varnish or cobble, desert tree mulch, or turf, in combination with supplemental shrubs and ground covers, accents, flowers, and vines.
c. Areas Visible from Rows, Public Parking or Drive Aisles. Landscape material placement shall be designed to concentrate plantings in areas of high visibility to screen parking, loading, and trash enclosures from adjacent rights-of-way, properties, and pedestrian areas.
C. Landscaping of Interior Setbacks. Where a lot located in a commercial or mixed use district is adjacent to a residential district, at least 25 feet of the depth of such setbacks must be landscaped, and remain free from parking, driveways, and encroachment by any structures that are not part of the landscaping design. For properties that are adjacent to nonresidential districts, at least 40 feet of the depth of interior setbacks must be landscaped, unless specified elsewhere in this code.

Figure 18.90.040.C. Landscaping of Interior Setbacks
[Res. 22-12; Ord. 22-03 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 404.04; Ord. 14-12 § 1.]
A. Applicability. The interior parking lot landscaping standards of this section apply to all off-street parking lots containing 10 or more parking spaces with exceptions where shade structures are provided for parking spaces. They do not apply to readapted residential properties in the MU-H Overlay District or vehicle/equipment storage lots or vehicle and equipment sales lots.
B. Landscape Islands.
1. Parking lot landscape islands shall be installed at each end of a row of stalls and in between for a maximum of eight contiguous parking spaces.
2. Landscape islands shall be a minimum of eight feet wide and 15 feet in length for single-row and 30 feet in length for double-row parking. All measurements are to face of curb. Projects may be eligible for sustainable development bonus incentives if increased landscaping is provided.
3. Radius curbing shall be provided along drive aisles with a minimum four-foot radius.
4. For rows of more than 16 parking spaces, landscape islands shall be staggered.

Figure 18.90.050.B.4. Landscape Islands
5. The maximum length of a covered parking canopy shall be 15 contiguous parking spaces. Landscape islands within a row of parking may be eliminated when a conflict with the covered parking canopy occurs. However, landscape islands must be installed at the end of all parking rows.
6. When parking canopies are adjacent to each other in a single row, the total length of each canopy shall not exceed 15 parking stalls and the adjoining canopies shall be separated by at least a 24-foot-wide landscape island as depicted in the following illustration:

Figure 18.90.050.B.6. Adjacent Canopies
7. For parking lots containing more than 200 spaces, one eight-foot-by-15-foot staggered landscape island may be replaced with two landscape islands of at least 25 square feet clear landscape area each. Each landscape island/planter shall contain at least one tree and three shrubs. These landscape islands/planters may be designed in any combination of shape and size provided the minimum clear landscape area dimension is five feet.
8. To minimize conflict, a landscape island shall not be located adjacent to an ADA parking stall.

Figure 18.90.050.B.7. Covered Canopies
C. Medians. Where divider medians occur adjacent to head-in parking, vehicle overhang shall be as follows:
1. Single-Row Parking. A minimum seven-foot (or nine feet if a two-foot overhang is provided) landscape area is required. The required median width does not include a sidewalk.

Figure 18.90.050.C.1. Single-Row Parking
2. Double-Row Parking. A minimum eight-foot landscape area (or 11 feet if a two-foot overhang is provided on both sides of median) measured from face of curb to face of curb is required where the median width does not include a sidewalk.

Figure 18.90.050.C.2. Double-Row Parking
3. Medians with Sidewalks. When a sidewalk is located within a median, shade trees should be placed so that at least 25 percent of the sidewalk is shaded at noon. The sidewalk shall be no less than four feet in width.

Figure 18.90.050.C.3. Medians with Sidewalks
D. Plant Materials.
1. Number of Plants.
a. Parking Lot Landscape Islands. One shade tree and three shrubs shall be provided for every 15-foot parking island.
b. Parking Lot Divider Medians. In addition to the above requirements, a minimum of one shade tree and six shrubs shall be provided for every eight parking spaces.
2. Size of Plants. A minimum 60 percent of the required trees shall be at least 24-inch box, and the remaining can be a minimum of 15-gallon box. Substitution based on plant size is not permissible for trees planted within the interior of a parking lot.
3. Ground Cover. All landscape planting areas that are not dedicated to trees or shrubs shall be permeable. No hardscape materials are permitted in designated planting areas. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 404.05; Ord. 14-12 § 1.]
An applicant who can demonstrate that the intent of this chapter can be exceeded, in whole or in part, may submit an alternative landscape plan (ALP) prepared in accordance with this section. The ALP shall include a narrative that clearly details the modifications being requested and explains how they enhance the landscape design principles listed below.
A. Required Elements. In order to qualify for consideration, an ALP shall demonstrate compliance with the following:
1. Use of Drought-Tolerant or Native Vegetation. Preservation or incorporation of drought-tolerant or native vegetation.
2. Compatibility with Surrounding Uses and Desert Environment. A greater degree of compatibility with surrounding uses and the desert environment than a standard landscape plan would offer. The number of shrubs and trees proposed depends on the type of shrub or tree planted and size at full maturity.
3. Water Efficiency. Use of water-efficient irrigation systems and xeriscaping at appropriate locations is essential.
B. Approval and Required Findings. ALPs may be submitted in conjunction with any development application, including PAD plans. An ALP may be approved by the reviewing body upon finding that:
1. There are unique characteristics of the property, site design, storm water management, or use that warrant special consideration to modify or deviate from the requirements of this chapter and that these characteristics are not self-created.
2. The ALP meets or exceeds the minimum standards for plant materials of this chapter, while recognizing the unusual site design or use restraints on the property and specific characteristics of the landscape design justify declaration from specific members or pre-approved plans established for standard landscape plans.
3. Approval of an ALP will provide for both increased consistency and compatibility with adjacent properties and the natural desert environment.
4. The ALP demonstrates innovative use of plants and efficient use of water. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 404.06; Ord. 14-12 § 1. Formerly 18.90.060.]
A. Specific Purpose. The specific purpose of this chapter is to restrict the use of outdoor artificial illuminating devices to conserve energy and reduce light pollution, while maintaining adequate visibility for safety on public and private property.
B. Conformance with Applicable Codes. All outdoor artificial illuminating devices shall be installed in conformance with the provisions of this code, MCC Title 17, Subdivisions, and the International Green Building Code, when adopted by the city, and the International Energy Conservation Code, as adopted by the city, and all other applicable city ordinances and code requirements. Where any provisions of the Arizona Revised Statutes (A.R.S.), or any federal law, or any companion city code conflicts with the requirements of this chapter, the most restrictive shall govern.
C. Approved Material and Methods of Installation. The provisions of this code are not intended to prevent the use of any material or method of installation not specifically prescribed by this code, provided any such alternate has been approved. The zoning administrator may approve any such alternate; provided, that the proposed design, material or method:
1. Provides approximate equivalence to those specific requirements of this code; and
2. Is otherwise satisfactory and complies with the intent of the code. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 405.01; Ord. 14-12 § 1.]
A. Timing Controls. All lighting in nonresidential development shall be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the building is not in use and the lighting is not required for security. Exceptions may be approved for low-level architectural or landscape lighting.
B. Shielding and Filtering. All lighting shall be designed to confine direct rays to the premises or onto adjacent public rights-of-way.
1. Shielding. All exterior illuminating devices, except those exempted from this chapter, shall be fully or partially shielded.
a. “Fully shielded” shall mean that those fixtures shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
b. “Partially shielded” shall mean that those fixtures shall be shielded in such a manner that the bottom edge of the shield is below the plane center line of the light source (lamp), minimizing the light above the horizontal.
2. Filtration.
a. Those outdoor light fixtures requiring a filter shall be equipped with a filter whose transmission is less than five percent total emergent flux at wavelengths less than 3,900 angstroms. Total emergent flux is defined as that between 3,000 and 7,000 angstrom units.
b. Low pressure sodium lamps are the preferred lamp for minimizing adverse effects on astronomical observations.
3. Requirements for Shielding and Filtering. The requirements for shielding and filtering light emissions from outdoor light fixtures shall be set forth in the following table:
Table 18.95.020.B.3 Requirements for Shielding and Filtering
Fixture Type | Shielded | Filtered (4) |
|---|---|---|
Low Pressure Sodium (1) | Partially | None |
High Pressure Sodium | Fully | None |
Metal Halide (6) | Fully | Yes |
Fluorescent | Fully (5) | Yes (2) |
Quartz (3) | Fully | None |
Incandescent Greater than 150W | Fully | None |
Fossil Fuel | None | None |
Glass Tubes filled with Neon, Argon, Krypton | None | None |
Other sources | As approved by zoning administrator | As approved by zoning administrator |
1This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations.
2Warm white and natural lamps are preferred to minimize detrimental effects.
3For the purpose of this code, quartz lamps shall not be considered an incandescent light source.
4Most glass, acrylic, or translucent enclosures satisfy these filter requirements.
5Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds with light lettering or symbols are preferred.
6Metal halide display lighting shall not be used for security lighting after 11:00 p.m. (or after closing hours if before 11:00 p.m.) unless fully shielded. Metal halide lamps shall be in enclosed luminaires.
4. Lighting Levels for Parking and Loading Areas. The lighting system for parking and loading areas and driveways serving them shall provide not less than 1.0 foot-candle and not more than 5.0 foot-candle overall average illumination, with a minimum of 0.25 foot-candle on the paved surface of the parking and loading areas.

Figure 18.95.020.B. Light Fixture Shielding
5. Alternative Compliance. The zoning administrator shall evaluate, and possibly accept or recommend to the decision-making body, alternative lighting requirements and materials. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 405.02; Ord. 14-12 § 1.]
A. All on-site outdoor fixtures, other than bollard lighting or garage coach lights, shall be set back from all lot lines a minimum of 10 feet or a distance equal to the height of the fixture, whichever is greater.
B. Parking lot and pole-mounted security lighting shall not exceed maximum mounting height of 14 feet within 100 feet of a residential zoning district, or from land designated for residential uses in the general plan. In all other areas, parking and security lighting shall not exceed a maximum height of 25 feet.
C. Wall-mounted fixtures shall be a maximum height of 12 feet above grade unless greater height is approved by the zoning administrator specifically for residential history accentuating architectural features of a building, accentuating signage, accentuating landscape features, or for security.
D. Bollard lighting or similar low-mount landscape fixtures shall be used for illuminating pedestrian areas.
E. Exterior pedestrian pathways and adjacent landscape areas within 20 feet of the pathway shall be illuminated from dusk to dawn, with one-half foot-candle of light at finish grade.
F. Pedestrian gates shall be illuminated from dusk to dawn, with five foot-candles and two foot-candles within a 15-foot radius. Zoning administrator may approve alternative design methods to meet intent.
G. Recreational facilities, such as ball fields, may exceed the height limits of a district in compliance with MCC 18.80.080. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 405.03; Ord. 14-12 § 1.]
A. All on-site outdoor parking and building lighting fixtures shall be designed with a decorative style that complements the building architecture of the development unless otherwise accepted by the zoning administrator. Examples of decorative lighting are shown in Figure 18.95.040.A.

Figure 18.95.040.A. Light Fixture Examples
B. All public and private streets shall adhere to and install the minimum required streetlights per the city’s Design Standard Manual and shall also be of a decorative style as deemed acceptable by the city of Maricopa.
C. The maintenance of street lights shall be the responsibility of the local electrical company and paying of services for the street lights shall be the responsibility of the homeowner’s association or adjacent property owner. [Res. 22-12; Ord. 22-03 § 2; Res. 21-09; Ord. 21-05 § 2.]
A. Prohibitions.
1. Searchlights. The operation of searchlights for advertising purposes is prohibited.
2. Recreational Facility. No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. unless a temporary permit for a special event has been approved.
3. Architectural Lighting. Unshielded outdoor illumination on buildings is not permitted unless it is at a less than 90-degree angle and of filtration level approved by the zoning administrator. Exterior light fixtures attached to a building and designed as an integral part of the building may highlight building forms and architectural details as long as there is no direct spillover of light onto adjacent property and no light causes a hazard to motorists.
4. Advertising Sign or Landscape Illumination. The unshielded outdoor illumination of any advertising sign, landscaping or other purpose is prohibited. However, low voltage accent landscape lighting is allowed.
5. Mercury Vapor. The installation of new mercury vapor fixtures is prohibited. Existing mercury vapor fixtures shall be removed and replaced with compliant lighting fixtures wherever substantial alterations and additions are undertaken, exclusive of ordinary maintenance and repair.
6. Fueling Service Canopies. All lighting under fueling facility canopies, drive-through canopies, porte-cocheres, and similar structures shall be fully recessed. No portion of the fixture shall project below the ceiling of the canopy structure.
B. Permanent Exemptions.
1. Fossil Fuel Light. Produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels.
2. Federal and State Facilities. Those facilities and lands owned or operated as protected by the U.S. federal government or the state of Arizona are exempted by law from all requirements of this code. Voluntary compliance with the intent of this code at those facilities is encouraged.
C. Temporary Exemptions.
1. By-Right Exemptions. Temporary emergency lighting needed by police, fire, and other emergency services, as well as temporary lights for holiday decorations.
2. Request for Temporary Exemptions. Any individual may submit a written request to the zoning administrator for a temporary exemption from the requirements of this code through filing a temporary use permit pursuant to MCC 18.150.080. Such exemption will be valid for up to 30 days, renewable at the discretion of the zoning administrator. The request for temporary exemption shall contain the following listed information:
a. Specific exemptions requested;
b. Type and use of exterior light involved;
c. Duration of time for requested exemption;
d. Type of lamp and calculated lumens;
e. Total wattage of lamp or lamps;
f. Proposed location of exterior light;
g. Previous temporary exemptions, if any; and
h. Physical size of exterior light and type of shielding provided.
3. Appeal for Temporary Exemptions. The zoning administrator, within five days from the date of the properly completed request for temporary exemption, shall approve or reject in writing the request. If rejected, the individual making the request shall have the right of appeal to the hearing officer. [Ord. 23-35 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 405.04; Ord. 14-12 § 1. Formerly 18.95.040.]
This chapter establishes provisions for the regulation of preexisting structures, uses, lots, and sites that were lawful before the adoption or amendment of this code or previously adopted city codes, but which would be prohibited, regulated, or restricted differently under the terms of this code or future amendments to the zoning code or the zoning map. [Ord. 14-12 § 1; Res. 14-36 § 406.01.]
A. Nonconformities. Nonconforming status may result from any inconsistency with the requirements of this code, including but not limited to location, density, floor area, height, yards, usable open space, buffering, screening, landscaping, provision of parking, performance standards, or the lack of an approved use permit or other required authorization. Lawful nonconforming uses and structures are addressed in this chapter.
B. Nonconforming Uses, Structures, and Lots. Any lawfully established use or structure that is in existence on the effective date of this code or any subsequent amendment but does not comply with all of the standards and requirements of this code shall be considered legal nonconforming. Legal nonconforming uses and structures may only be continued subject to the requirements of this chapter. [Ord. 14-12 § 1; Res. 14-36 § 406.02.]
A. Classification of Nonconforming Uses.
1. The zoning administrator may classify lawfully established nonconforming uses for the purpose of determining whether to permit substitution or expansion, subject to the requirements of this chapter. The classification of any use or structure shall be optional and shall be based on written application by a qualified applicant, including such information as may be deemed necessary to determine that the use was lawfully established and to make any other findings that may be required.
B. Class I. Class I nonconforming uses are designated by the zoning administrator after determining that:
1. The existing nonconforming use was lawfully established;
2. The proposed expansion or substitution of the nonconforming use would not be detrimental to public health, safety, or welfare;
3. The proposed expansion or substitution would not be inconsistent with the general plan and would not preclude or interfere with implementation of any applicable adopted area plan;
4. The proposed use will not depress the value of nearby properties; and
5. No useful purpose would be served by strict application of the provisions or requirements of this code with which the use or structure does not conform.
C. Class II. Class II nonconforming uses include any lawfully established nonresidential use that involves one of the following:
1. Storage, use, or generation of hazardous materials, processes, products, or wastes;
2. Activity that may be detrimental to public health and safety because of the potential to create dust, glare, heat, noise, noxious gases, odor, smoke, and vibration;
3. Conditions that could be incompatible with surrounding uses; or
4. Any nonconforming adult-oriented business.
D. Changes of Use. No legal nonconforming use shall be substantially expanded or changed to a different use without approval of a conditional use permit, unless the new use is permitted by right. This requirement does not apply to a change of ownership, tenancy, or management where the new use is in the same classification as the previous use, as defined in this code, and the use is not expanded.
E. Change from Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the zoning district in which it is located and complies with all applicable standards for such use.
F. Absence of Use Permit. Any use that is nonconforming solely by reason of the absence of a use permit may be changed to a conforming use by obtaining a conditional use permit.
G. Discontinuance of Use. If a legal nonconforming use is abandoned or discontinued for a period of one year or longer, the use is determined to be abandoned and cannot be continued.
H. Parking. If a use is nonconforming solely with respect to parking standards, the structure devoted to the use may be maintained and repaired, but the use may not be expanded, extended, or intensified in a manner that would increase the required number of off-street parking spaces, unless parking is provided under current standards for the addition or intensification of use only. [Ord. 14-12 § 1; Res. 14-36 § 406.03.]
Only Class I nonconforming uses may be expanded as follows with approval of a conditional use permit:
A. Within a Conforming Structure. A nonconforming use in a structure that conforms to the applicable requirements of this code and to the requirements of the building code as adopted by the city may expand the floor area that it occupies, subject to the approval of a conditional use permit; provided, that no structural alteration is proposed or made for the purpose of the expansion.
B. Within a Structure That Does Not Conform to the Building Code. Any nonconforming use in a structure that does not conform to the building code, as adopted by the city, may not expand the area it occupies until and unless the structure is brought into conformance with all applicable building code requirements.
C. Expansions to Other Structures or Lots. A nonconforming use may not be expanded to occupy all or part of another structure or another lot that it did not occupy on the effective date of this code, except as provided in MCC 18.100.030(D).
D. Area Limit. The expansion of the nonconforming use shall not exceed 50 percent of the floor area that the nonconforming use legally occupies at the time of application.
E. Abandonment. No legal nonconforming use may be resumed, reestablished, or reopened after it has been abandoned, vacated, or discontinued for a period of one year, except:
1. The legal nonconforming status of a single residence or duplex residence shall not lapse, regardless of the length of time of nonuse; or
2. The owner/operator can provide evidence of continual operation, including:
a. Monthly business receipts and an active business license with no lapse;
b. Tax returns received within the previous 12 months; or
c. Other materials acceptable by the zoning administrator. [Ord. 14-12 § 1; Res. 14-36 § 406.04.]
A. Nonconforming Building or Structure. This term means any building or structure that was lawfully established and in compliance with all applicable codes and laws, but no longer complies with all applicable regulations and standards of development in the zoning district in which it is located.
B. Right to Continue. Any legal nonconforming building or structure that was lawfully established prior to the effective date of this code or of any subsequent amendments to its text or to the zoning map may only be continued and maintained provided there is no alteration, enlargement, or addition to any building or structure; no increase in occupant load; nor any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter. The right to continue a nonconforming building or structure shall attach to the land and shall not be affected by a change in ownership. No substitution, expansion, or other change in use and no alteration or other change in structures is permitted, except as otherwise provided in this chapter. Legal nonconforming structures may be repaired, maintained, or replaced in compliance with the requirements of this section, unless deemed to be a public nuisance because of health or safety conditions.
C. Enlargements or Alterations. Nonconforming structures may be enlarged, extended, structurally altered, or repaired in compliance with all applicable laws, subject to the following provisions:
1. Alterations and enlargements that comply with the following, subject to the approval of the zoning administrator:
a. Alterations or enlargements necessary to meet city or state requirements; and
b. Alterations or enlargements necessary to meet current requirements of the zoning district in which the structure is located or otherwise allowed in that zoning district.
2. Alterations and enlargements that comply with the following are subject to approval of a conditional use permit:
a. Alterations or enlargements that extend into a nonconforming yard or height limit, where the alteration or enlargement would not:
i. Further reduce any existing nonconforming yard;
ii. Exceed applicable building height limits;
iii. Further reduce existing nonconforming lot coverage or floor area ratio requirements; and
iv. Increase the required number of off-street parking spaces unless parking is provided under current standards for the addition of the use only.
3. Alterations or enlargements up to 50 percent of floor area of a legal, nonconforming single residence or duplex residence may be made without providing any additional parking space or changes to an existing driveway; provided, that such alterations or enlargements do not increase the number of dwelling units on the lot and a conditional use permit is approved.
4. Notwithstanding the requirements of subsection (C)(3) of this section, a second unit in compliance with this code may be developed on a lot that contains a nonconforming single-unit dwelling, if the single-unit dwelling is nonconforming only because it does not meet current parking standards. The second dwelling unit may only be established when parking is provided to meet the applicable requirements of this code for both the primary dwelling and the second dwelling unit.
D. Maintenance and Nonstructural Repairs. Maintenance, nonstructural repairs, and nonstructural interior alterations are permitted to a nonconforming structure or to a structure occupied by a nonconforming use, so long as the changes and improvements do not enlarge or extend the structure.
E. Structural Repairs. Structural repairs that do not enlarge or extend the structure, including modification or repair of bearing walls, columns, beams, or girders, may be undertaken only when the building division determines that such modification or repair is immediately necessary to protect public health and safety of the occupants of the nonconforming structure, or occupants of adjacent property, or when the cost of such work does not exceed 50 percent of the appraised value of the nonconforming structure.
F. Restoration of a Damaged Structure.
1. A legal nonconforming building or structure that is damaged or partially destroyed may be restored or rebuilt if the cost of repair or reconstruction does not exceed 50 percent of the appraised value of the building or structure. Replacement of the damaged portions of the building is allowed by right; provided, that the replaced portions are the same size, extent, and configuration as previously existed.
2. If the cost of repair or reconstruction exceeds 50 percent of the appraised value of the building or structure replacement, the land and building shall be subject to all of the requirements of this code. However, the zoning administrator may approve an administrative permit for the structure to be rebuilt to the same size, extent, and configuration as previously existed as long as the previous use is continued or the original use is reestablished, as provided for in this chapter. [Ord. 14-12 § 1; Res. 14-36 § 406.05.]
The provisions of this chapter shall not apply to a use or structure that is or becomes a public nuisance. In the event that a legal nonconforming use or structure is found to constitute a public nuisance, appropriate action may be taken by the city pursuant to MCC 8.20.020, Nuisances. [Ord. 14-12 § 1; Res. 14-36 § 406.06.]
The specific purpose of this chapter is to provide standards for parking and loading facilities to accommodate the various land uses permitted by this code. It is the intent of this chapter to require the minimum number of on-site parking and loading spaces with maneuvering areas, driveways, and surface materials for the efficient movement of vehicular traffic and also to provide flexibility in meeting these requirements for sites with special needs. Additional purposes of this chapter include:
A. Ensuring the provision of safe and convenient places to park bicycles and motorcycles;
B. Providing paved surfaces and alternative dust control measures to control and reduce the amount of dust and particles released to the atmosphere;
C. Limiting the area of land consumed by parking by allowing reductions to the number of required parking spaces and sharing of parking spaces among multiple uses where appropriate;
D. Minimizing conflicts between pedestrian and vehicular circulation; and
E. Reducing the scale of paved surfaces and shading these surfaces, both of which are intended to reduce heat gain that contributes to the urban heat island effect. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.01; Ord. 14-12 § 1.]
The parking and loading requirements of this chapter apply to all development in the city. They may be modified pursuant to the provisions for certain zoning districts and overlay districts.
A. Additions to Existing Buildings and Changes in Use. When a change in use, expansion of a use, or expansion of floor area creates an increase of five percent or more in the number of required off-street parking or loading spaces, based on the initially approved and constructed facility or development, off-street parking and loading shall be provided according to the provisions of this chapter. The additional parking shall be required only for such addition, enlargement, or change in use and not for the entire building or site. A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant.
B. Alterations That Increase Number of Dwelling Units. If an alteration to an existing building increases the number of residential dwelling units on the site, off-street parking to serve the new dwelling units must be provided according to the provisions of this chapter.
C. When Required. Off-street parking and loading facilities required by this chapter shall be constructed or installed prior to the issuance of a certificate of occupancy for the uses that they serve. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.02; Ord. 14-12 § 1.]
A. Location. All required parking and loading spaces and maneuvering areas shall be located on the lot upon which the use served is located. Parking spaces may also be located upon a contiguous lot, within the same zoning district, given the number of required parking spaces are met for both sites, and a city enforceable “off-site parking agreement” is provided in accordance with MCC 18.105.070(C)(3). Parking spaces and maneuvering areas shall not be located within any RS District or in any required front or street side yard or landscaped area in any zoning district, except driveways that directly and immediately allow a vehicle to access the site from a street or abutting property. All vehicles shall enter the public rights-of-way in a forward motion except within the RS Districts when driveway access to local streets or private roadways is permitted for individual lots.
B. Standards. The following standards apply to required on-site parking and loading spaces, maneuvering areas, and access:
1. Required parking and loading spaces, maneuvering areas, and driveways shall be paved with asphalt, concrete, paving stone, or masonry to a sufficient thickness to withstand repeated vehicular traffic. The zoning administrator, in collaboration with the city engineer, may establish alternative standards for porous surface paving.
2. Required parking spaces shall be permanently marked and shall be accessible from a street or alley by a driveway or aisle such that all vehicles shall approach the street or alley in forward motion, except for single-unit dwellings and agricultural uses.
C. Compact Parking. On a site with at least 10 required parking spaces, up to 20 percent of the total required parking spaces may be compact spaces; provided, that the following standards are met:
1. Where covered parking is required all covered parking spaces shall be standard size;
2. All compact spaces are to be designated with a sign or pavement marking; and
3. Compact spaces shall be distributed throughout the parking area, with no more than eight compact spaces in a single row. No more than four compact parking spaces placed end-to-end shall make up any cluster of 10 parking spaces.
D. Accessible Parking. Accessible parking spaces shall be provided and maintained pursuant to the federal Americans with Disabilities Act and Arizonans with Disabilities Act of 1992.
E. Structured Parking. The exterior elevations of any multi-level parking structure must be designed so as to screen or conceal parked cars from view from public streets and open space on the first and second floors of the structure. The floors of structured parking garages must be screened or concealed by one or more of the following methods:
1. Ground-Floor Commercial. The garage’s ground-level street frontage (except for driveways and pedestrian entrances) for the designated front of the structure shall be improved with general retail sales, food and beverage sales, eating and drinking establishments, personal services, or similar pedestrian-oriented uses.
2. Landscaping. Landscaping shall be provided in the form of perimeter planters within openings, and/or the incorporation of hanging baskets, flower boxes, planting trellises, or desert plants.
3. Setback. A parking structure that does not incorporate ground-floor retail or other commercial use or is not otherwise screened or concealed at street frontages on the first and second levels must provide a densely planted landscaped yard that is a minimum of 10 feet in depth, or the required setback for the district in which it is located, whichever is greater.
4. Combination of Opaque Screen Walls and Open Decorative Panels. A combination of opaque screening devices and decorative panels may be used to screen parking within aboveground structures. Opaque screen walls shall not be higher than three feet six inches relative to the abutting floor height, and shall not exceed 45 percent of the aggregate surface area of the exterior wall. Decorative panels or other devices with opacity of at least 40 percent shall be used to screen the remainder. The decorative panels shall be constructed of durable materials, such as iron, steel, copper, aluminum, formed concrete, glass block, brick or other textured masonry.
F. Recreational Vehicle (RV) Parking. A single recreational vehicle may only be parked or stored on property within a residential district as follows:
1. In a driveway, exterior, or interior side yard, or the rear yard for the purpose of loading or unloading or repairs or maintenance, not to exceed 24 hours before or after a trip; or
2. In a driveway, exterior, or interior side yard, or the rear yard, if at least 10 feet from the rear property line and screened so as not to be visible from the street; or
3. In a garage or accessory structure; and
4. The vehicle does not block access to a sidewalk or driveway.
G. Size of Parking Spaces and Maneuvering Aisles. Parking spaces and maneuvering aisles shall be provided to meet the minimum dimensions required by this subsection. Screening walls, roof support posts, columns, or other structural members shall not encroach the minimum required dimensions for parking spaces. A paved space may be reduced by two feet for vehicle overhang if it abuts the landscape median.
1. Standard Parking Spaces. The minimum basic dimension for standard parking spaces is nine feet by 18 feet. Table 18.105.030.G.1 shows the dimensions of a stall and aisle according to the angle of parking spaces.
Table 18.105.030.G.1 Standard Parking Space and Aisle Dimensions
Angle of Parking (degrees) | Stall Width | Curb Length Per Stall | Stall Depth | One-Way Aisle Width | Two-Way Aisle Width |
|---|---|---|---|---|---|
Parallel | 9 ft. | 22 ft. | 8 ft. | 12 ft. | 20 ft. |
30° | 9 ft. | 18 ft. | 17 ft. 4 in. | 11 ft. | 20 ft. |
40° | 9 ft. | 14 ft. | 19 ft. 2 in. | 12 ft. | 22 ft. |
45° | 9 ft. | 12 ft. 9 in. | 19 ft. 10 in. | 13 ft. | 24 ft. |
50° | 9 ft. | 11 ft. 9 in. | 20 ft. 5 in. | 15 ft. | 24 ft. |
60° | 9 ft. | 10 ft. 5 in. | 21 ft. | 18 ft. | 24 ft. |
70° | 9 ft. | 9 ft. 8 in. | 21 ft. | 19 ft. | 24 ft. |
90° | 9 ft. | 9 ft. | 18 ft. | 24 ft. | 24 ft. |

Figure 18.105.030.G.1. Parking Spaces and Aisles
2. Compact Parking Spaces. The minimum basic dimension for compact parking stalls shall be eight feet by 16 feet. Table 18.105.030.G.2 shows the dimension of standards and aisles according to the angles of parking spaces.
Table 18.105.030.G.2 Compact Parking Space and Aisle Dimensions
Angle of Parking (degrees) | Stall Width | Curb Length Per Stall | Stall Depth | One-Way Aisle Width | Two-Way Aisle Width |
|---|---|---|---|---|---|
Parallel | 8 ft. | 22 ft. | 8 ft. | 11 ft. | 20 ft. |
30° | 8 ft. | 18 ft. | 14 ft. 11 in. | 11 ft. | 20 ft. |
40° | 8 ft. | 14 ft. | 16 ft. 5 in. | 11 ft. | 22 ft. |
45° | 8 ft. | 12 ft. 9 in. | 17 ft. | 11 ft. | 24 ft. |
50° | 8 ft. | 11 ft. 9 in. | 17 ft. 5 in. | 13 ft. | 24 ft. |
60° | 8 ft. | 10 ft. 5 in. | 17 ft. 10 in. | 16 ft. | 24 ft. |
70° | 8 ft. | 9 ft. 8 in. | 17 ft. 9 in. | 16 ft. | 24 ft. |
90° | 8 ft. | 9 ft. | 16 ft. | 21 ft. | 24 ft. |
H. Size of Parking Spaces for Loading Vehicles. Each on-site loading space required by this chapter shall not be less than 12 feet wide, 45 feet long, and 14 feet high, exclusive of driveways for ingress and egress, maneuvering areas and setbacks. The minimum size requirement may be modified if the zoning administrator finds that the applicant has satisfactorily demonstrated that, due to the nature of the proposed use, such size will not be needed. Space shall be signed for exclusive use for loading vehicle.
1. Required loading spaces:
a. Nonresidential Uses. One loading space for 15,000 – 50,000 square feet of building; two spaces if over 50,000 square feet of building.
b. Residential Uses. One loading space if 50 or more dwelling units on site.
I. Size of Parking Spaces for Motorcycles, Scooters, and Golf Carts. Motorcycle and scooter parking spaces shall have a minimum dimension of five feet by nine feet. Golf cart parking spaces shall have a minimum dimension of five feet by 10 feet. All motorcycle and scooter parking areas shall be clearly marked and dedicated to these vehicles.
J. Electric Vehicle Charging Stations. In parking facilities containing 20 or more spaces serving multiple-unit dwellings, offices, hotels, and motels, and large-scale resorts, at least five percent of parking spaces shall be electric vehicle (EV) charging stations. For all other uses, EV charging stations are eligible for sustainable development incentives under Chapter 18.125 MCC.
1. Each EV charging station shall be clearly marked with a sign reading “Electrical Vehicle Charging Station.”
2. EV charging stations may be equipped with card readers, controls, connector devices, and other equipment as necessary for public use. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.03; Ord. 14-12 § 1.]
A. Minimum Parking Requirements. Table 18.105.040.A specifies the minimum parking spaces required for each use. MCC 18.105.060 provides a procedure for reducing these requirements for reasonable cause, and MCC 18.105.070 includes provisions for alternative compliance.
Table 18.105.040.A Parking Regulations
Use | Minimum Parking Requirement |
|---|---|
Rural Uses | |
Animal and Crop Sales | 1 space per 100 s/f of sales area |
Residential Uses | |
Single Unit | |
Single Unit Detached | 2 covered spaces per dwelling |
Single Unit Attached | 2 covered spaces per unit |
Second Dwelling Unit | 1 additional space |
Duplex | 2.1 spaces per dwelling unit |
Multiple-Unit Dwelling | Guest – 0.2 space per unit Studio – 1 space per unit 1 Bedroom – 1.5 spaces per unit 2 Bedroom – 2 spaces per unit 3 Bedroom – 2.5 spaces per unit 4 Bedroom – 3 spaces per unit |
Supportive Housing; Transitional Housing | 1.2 spaces per dwelling unit for development with distinguishable dwelling units 1 space for each room plus 2 additional spaces for development with congregate dining and no distinguishable separate dwelling units |
Senior and Long-Term Care | 0.3 space per dwelling unit plus 1 per employee |
Residential and Group Care Home | 1 space per dwelling unit plus 2 additional spaces. Required spaces may be tandem |
Manufactured and Mobile Dwellings | 2 spaces for each unit (may include tandem spaces); plus 2 guest parking spaces per 10 (or fraction thereof) dwelling units for the overall development |
Public and Semi-Public Uses | |
Colleges and Trade Schools, Public and Private | 1 space per 200 s/f of classroom plus 1 per 375 s/f of office space |
Community Assembly | 1 space per 125 s/f used for public assembly |
Cultural Facilities | 1.5 spaces per 1,000 s/f |
Day Care Centers | 1 space per 375 s/f |
Educational Facility, Public and Private | 1 space per 125 s/f for public assembly space, such as auditoriums and theaters Elementary/junior high – 1 space per 300 s/f of classroom plus 1 per 375 s/f of office space Instructional – 1 space per 200 s/f of classroom plus office High school/college – 1 space per 200 s/f of classroom plus 1 per 375 s/f of office Vocational – 1 space per 200 s/f of classroom plus 1 per 375 s/f of office |
Emergency Shelters and Facilities | 1 space per 1,000 s/f |
Government Buildings | 1 space per 200 s/f |
Libraries, Cultural Institutions | 1 space per 300 s/f of public area plus 1 per 375 s/f of office space |
Hospitals and Clinics | |
Hospital | 1 space per 400 s/f |
Clinic | 1 space per 200 s/f 1 space per 150 s/f for urgent care facilities |
Parks and Recreation Facilities, Public | Campground – 1 (10' x 30') per campsite plus 1 (10' x 30') per 6 campsites plus 4 per laundry and shower facility All other – 20 per athletic field or ball diamond or 1 per 4 seats, whichever results in more spaces |
Public Safety Facility | 1 per 250 s/f of office space |
Social Service Facility | 1 space per 500 s/f |
Commercial Use Classifications Uses | |
Adult-Oriented Business | 1 space per 350 s/f |
Animal Sales, Care and Services | |
Animal Sales and Grooming | 1 space per 250 s/f of sales/service area |
Kennels | 1 space per 250 s/f of office/service space |
Riding Schools and Stables | 1 space per 2 horse stalls |
Small Animal Day Care | 1 space per 250 s/f of office/service space |
Veterinary Services | 1 space per 250 s/f of office/service space |
Automobile/Vehicles Sales and Services | |
Automobile Rentals | 1 space per 150 s/f of customer service area |
Automobile/Vehicle Repair, Major and Minor | 3 spaces per service bay plus 1 space per 100 s/f of office and sales area |
Automobile/Vehicle Sales and Leasing | 1 space per 250 s/f of interior display space; plus 1 space per 3 service bays; plus 1 space per 25 vehicles displayed outdoors |
Automobile/Vehicle Washing and Services | 1 space per 375 s/f, including service bays, wash tunnels, and retail areas Automated/self-service – 2 spaces minimum Full service – 10 spaces minimum |
Large Vehicle and Equipment Sales, Service, and Rental | 1 space per 250 s/f of interior display space |
Service Station | 1 space per 100 s/f of convenience retail sales |
Banks and Credit Unions | 1 space per 300 s/f |
Building Materials Sales and Service | Retail – 1 space per 375 s/f Wholesale – 1 space per 800 s/f |
Business Services | 1 space per 375 s/f |
Commercial Entertainment and Recreation | |
Banquet and Conference Centers | Determined by hearing officer |
Large-Scale Facility | 1 space per 500 s/f of public area Driving ranges – 1 space per tee plus ancillary use requirements |
Small-Scale Facility | 1 space per 150 s/f or sum of components (courts, day care, office, etc.), whichever is less 10 spaces plus 1 per 200 s/f in excess of 1,000 s/f |
Theaters | 1 space per 3 seats |
Golf Courses and Resorts | 2 spaces per tee plus ancillary use requirements |
Club or Lodge | 1 space per 200 s/f |
Commercial Kitchen | 1 space per 250 s/f |
Eating and Drinking Establishments | |
Bars and Lounges | 1 space per 100 s/f of customer seating area, and 1 space per 400 s/f for outdoor seating area |
Restaurants, Full Service | 1 space per 100 s/f of customer seating area, and 1 space per 400 s/f for outdoor seating area |
Restaurants, Limited Service | 1 space per 75 s/f of customer seating area, and 1 space per 400 s/f for outdoor seating area |
Restaurant, Take-Out Only | 1 space per 300 s/f of customer seating area, and 1 space per 200 s/f for outdoor seating area |
Food and Beverage Sales | |
Convenience Market | 1 space per 300 s/f |
General Market | 1 space per 300 s/f |
Liquor Store | 1 space per 350 s/f |
Specialty Food Sales and Facilities | 1 space per 300 s/f |
Funeral Parlors and Mortuaries | 1 space per 100 s/f used for public assembly plus 1 space per 400 s/f of office area |
Instructional Services | 1 space per 200 s/f of instructional area |
Light Fleet-Based Services | 1 space per 350 s/f of floor area |
Live/Work Quarters | 1 space for each 750 s/f of residential area, minimum of 1 space per unit |
Lodging | |
Hotels and Motels; Bed and Breakfast Inns | 0.8 space per room or suite of rooms with individual exits plus ancillary use requirements |
Large-Scale Resorts | Determined by hearing officer |
Maintenance, Repair, and Rental Services | 1 space per 500 s/f |
Medical Marijuana Uses | |
Dispensary Facilities | Determined by zoning administrator |
Cultivation | Determined by zoning administrator |
Nurseries and Garden Centers | 1 space per 400 s/f of sales and service building, but not less than 4 spaces per use |
Office | |
Business and Professional | 1 space per 375 s/f |
Medical and Dental | 1 space per 200 s/f |
Off-Track Betting Establishments | 1 space per 100 s/f of betting area plus 1 space per 400 s/f of office space |
Outdoor, Temporary, and Seasonal Sales | 1 space per 375 s/f of display area, but not less than 4 spaces per use |
Personal Services | 1 space per 375 s/f |
Retail Sales | |
General, Small-Scale | 1 space per 300 s/f |
General, Large-Scale | 1 space per 250 s/f plus 1 per 5,000 s/f of outdoor display area |
Tobacco Paraphernalia | 1 space per 250 s/f |
Industrial Uses | |
Artist Studio and Production | 1 space per 500 s/f but not less than 2 spaces per use |
General Industrial | 1 space per 1,000 s/f |
Light Industrial | 1 space per 600 s/f |
Research and Development | 1 space per 250 s/f |
Salvage and Wrecking | 1 space per 500 s/f |
Storage and Warehouse | |
Chemical and Mineral Storage | 1 space per 250 s/f of office area |
Indoor Warehousing and Storage | 1 space per 5,000 s/f (based on storage space), includes manager’s office |
Outdoor Storage | 1 space per 250 s/f of office area |
Personal Storage | 4 spaces plus 1 space per 20,000 s/f of storage not drive-up accessible |
Wholesaling and Distribution | 1 space per 900 s/f |
Transportation, Communication, Utility Uses | |
Airports and Heliports | 2 spaces per aircraft, plus ancillary use requirements |
Communication Facilities | |
Antennas and Transportation Towers | 1 space per service employee |
Facilities within Buildings | 1 space per service employee |
Freight/Truck Terminals and Warehouses | 1 space per 1,000 s/f |
Recycling Facilities | 1 space per 900 s/f |
Utilities | |
Major | 1 space per 250 s/f of office area |
Minor | None |
Waste Transfer Facility | 1 space per 250 s/f of office area |
B. Basis of Calculation. The on-site parking requirements specified in this section are based on gross floor area, unless otherwise stated.
1. In the case of mixed uses, the total requirements for off-street parking spaces shall be the sum of the requirements of the various uses, computed separately, as specified in this section, and the off-street parking space for one use shall not be considered as providing the required off-street parking for any other use.
2. In case of fractional results in calculating parking requirements from the chart above, the required number shall be rounded up to the nearest whole number if the fraction is one-half or greater.
C. Covered Spaces. Covered parking spaces shall be provided as follows:
1. Single-unit dwellings shall provide a minimum of two covered parking spaces per unit, one of which must be enclosed (a garage space).
2. Multiple-unit projects shall provide one covered parking space per unit.
3. Office-use developments shall provide one covered parking space per office or suite.
D. Minimum Number. All uses, except single-unit dwellings, shall provide at least four on-site parking spaces.
E. Maximum Number. The maximum number of parking spaces shall not exceed 10 percent more than the number required by Table 18.105.040.A, unless the applicant demonstrates that the additional parking is required to meet the anticipated parking demand of the proposed uses and the additional parking will not result in an overdependence on automobiles to the detriment of other modes of access to the site. Additional parking lot landscaping may be required at the discretion of the zoning administrator.
F. Credit for On-Street Spaces. On-street parking spaces located immediately adjacent to the frontage of properties may be counted toward required off-street parking at the zoning administrator’s discretion. One on-street parking space may be substituted for each required off-street space. These provisions only apply to street frontages where all-day on-street parking is allowed.
G. Calculation of Parking Requirements for Industrial Uses. The following standards apply to specified and unspecified tenant spaces in industrial buildings:
1. Specified Tenants. Where tenants are specified and listed by name of company, parking is calculated according to uses identified on the floor plan.
2. Unspecified Tenants. Where tenants are not specified, and the use described on the plans is industrial or warehouse, parking is calculated based on 25 percent of the floor space being used for office uses, and 75 percent of the space being used for warehouse use, based on the parking ratios for those uses specified in Table 18.105.040.A.
H. Uses Not Specified. The parking requirement for any use not listed in Table 18.105.040.A, such as, but not limited to, public or private rideshare parking areas, shall be determined by the zoning administrator 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 zoning administrator may require the applicant to submit a parking demand study or other information, at the applicant’s cost. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.04; Ord. 14-12 § 1.]
Regulations of this section are complemented by MCC 18.80.110, Screening, and MMC 18.90.050, Parking lot landscaping.
A. Setback of Cross Drive Aisles. Parking spaces or cross drive aisles along main drive aisles connecting directly to a street shall be set back at least 50 feet from the property line abutting the street to avoid traffic conflicts.

Figure 18.105.050.A. Setback of Cross Drive Aisles
B. Parallel Parking Spaces Abutting Wall or Fence. Each parallel parking space abutting a wall, fence, column, or other obstruction higher than one-half foot shall be increased by two feet on each obstructed side; provided, that the increase may be reduced by one-quarter foot for each one foot of unobstructed distance from the edge of a required aisle, measured parallel to the depth of the parking space.
C. Optional Double-Line Striping. Each parking space shall measure nine feet from center to center, with double stripes two feet apart.
D. Minimum Dimensions for Residential Carports. Each single-car carport shall measure at least 10 feet wide by 20 feet long. Each double carport shall measure at least 18 feet wide by 20 feet long. The width of the carport is to be measured from inside face of support to inside face of opposite support. The carport roof shall cover the entire 20-foot length of the space.
E. Surfacing. All parking spaces and driveways shall be paved and maintained with asphalt or other surface approved by the zoning administrator. Plans shall contain a cross-section of the parking lot indicating the composition and thickness of the materials to be used, as well as indicating the structural strength of the parking area. Any approval of an alternative dust-control surface by the zoning administrator shall specify and require routine maintenance method(s) and schedule. Failure by the owner of the site to maintain the alternative surface according to the approved method(s) and schedule shall be considered a violation of this code.
F. Circulation and Safety.
1. Internal Circulation.
a. Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.
b. Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety.
c. Off-street parking and loading areas shall be provided with sufficient maneuvering room so that all vehicles can enter and exit from a public street by forward motion only. This regulation does not apply to parking areas serving single-unit dwellings served by individual driveways. The maneuvering of vehicles necessary to enter or exit loading areas shall not occur on city streets.
d. Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing unreasonable distances or making other dangerous or hazardous turning movements.
2. Parking Lot Layout. No more than 200 parking spaces shall be allowed together in one group or cluster. Parking lot clusters shall be separated by landscaping, pedestrian connections, cross aisles, retention basins or similar features.
a. In office projects, a minimum of 25 percent of the required parking spaces shall be provided within 200 feet of the building served, with the balance of the required parking within 400 feet.
b. In commercial and industrial projects, a minimum of 50 percent of the required parking spaces shall be located within 300 feet of the building served.
c. In residential mixed use projects, required parking spaces shall be arranged to provide at least one parking space per unit within 200 feet of the dwelling units they are intended to serve.
d. Drive aisle intersections are to be perpendicular to each other.
e. Separate vehicular and pedestrian circulation systems shall be provided where possible.

Figure 18.105.050.G.2. Parking Lot Layout
3. Pedestrian Access in Multi-Unit Development. Multi-unit residential developments of five or more units must provide pedestrian access that is separate and distinct from driveways.
a. Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125 percent of the straight-line distance.
b. Materials and Width. Walkways shall provide at least four feet of unobstructed width and be hard-surfaced.
4. Pedestrian Access in Commercial and Mixed Use Development. Parking areas for commercial and mixed use developments that are 80 feet or more in depth and/or include 50 or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the following standards:

Figure 18.105.050.G.4. Pedestrian Access through Parking Areas
a. Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125 percent of the straight-line distance.
b. Materials and Width. Walkways shall provide at least five feet of unobstructed width and be hard-surfaced.
c. Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, a different color, or similar method.
d. Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least six inches surfaced high, bollards, or other physical barrier.
5. Pedestrian Access in Industrial Development. Parking areas for industrial developments, including manufacturing, warehousing, call centers, and similar employment uses, that are 80 feet or more in depth and/or include 50 or more parking spaces must have distinct and dedicated pedestrian access from the industrial use to parking areas and public sidewalks, according to the following standards:
a. Connection to Public Sidewalk. An on-site walkway shall connect the main building entry and/or primary employee entrance and exit to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125 percent of the straight-line distance. This distance may increase up to 50 percent of the total straight-line distance in the event the route is designed to take account of afternoon shade patterns from buildings or similar shading devices.
b. Materials and Width. Walkways shall provide at least five feet of unobstructed width and be hard-surfaced.
6. Minimum Lighting Levels. All parking and loading areas shall meet the lighting requirements of MCC 18.95.020(B).
G. Alternative Parking Area Designs. Where an applicant can demonstrate to the satisfaction of the decision-maker that variations on the dimensions otherwise required by this section are warranted in order to achieve environmental design and green building objectives, including, but not limited to, achieving certification under the LEED™ Green Building Rating System or equivalent third-party system, a specific parking area design may be approved. Sustainable development bonus incentives may be available for projects that apply alternative designs, as described in Chapter 18.125 MCC. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.05; Ord. 14-12 § 1.]
Required parking for any use may be reduced through approval of an administrative use permit.
A. Criteria for Approval. An administrative use permit for reduced parking shall only be issued if the following criteria are found to be true:
1. Special conditions, including but not limited to the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or parking facilities exist that will reduce parking demand at the site;
2. The use will adequately be served by the proposed parking, including any shaded parking; and
3. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area considering the days and times of parking demand.
B. Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, the zoning administrator may require submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces and includes any of the following information:
1. Total square footage of all uses within existing and proposed development and the square footage devoted to each type of use.
2. A survey of existing on-street and off-street parking within 350 feet of the project site.
3. Standard parking requirements for the use, based on Table 18.105.040.A.
4. Estimated parking demand for the use, using any available existing parking generation studies from the Institute for Transportation Engineers (ITE), or other professionally recognized and/or accredited sources. If appropriate parking demand studies are not available, the city may require the applicant to conduct a parking demand survey of a development similar to the proposed.
5. Comparison of proposed parking supply with parking requirements.
6. A shared parking analysis, as appropriate.
7. A description of any other characteristics of the site or measures being undertaken that could result in reduced parking demand, including but not limited to staggered work shifts, staggered opening times, telecommuting, shuttles to transit stations, or similar programs. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.06; Ord. 14-12 § 1.]
A. Authorized Alternatives. The zoning administrator is authorized to approve alternative compliance parking permits for the following:
1. Off-site parking (see subsection (C) of this section);
2. Valet parking (see subsection (D) of this section);
3. Residential special needs (see subsection (E) of this section); and
4. Community building(s) for residential development (see subsection ((F) of this section).
5. Other design requirements (see subsection (G)) of this section).
B. Applicants seeking approval of an alternative compliance parking plan must secure approval by the city’s zoning administrator.
C. Off-Site Parking. The zoning administrator may permit all or a portion of the required off-street parking spaces to be located on a remote and separate lot from the lot on which the principal use is located, subject to the standards of this section.
1. Location. No off-site parking space may be located more than 1,000 feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. This distance limitation may be waived by the zoning administrator if adequate assurances are offered that van or shuttle service will be operated between the shared lot and the principal use.
2. Zoning Classification. Off-site parking areas are accessory to the principal uses that the parking spaces serve. Off-site parking areas require the same or a more intensive zoning classification as required for the most intensive of the uses served by the shared parking area.
3. Off-Site Parking Agreement. An agreement providing for the use of off-site parking, executed by the parties involved, must be filed with the zoning administrator, in an approved form. Off-site parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. Agreements must guarantee long-term availability of the parking, commensurate with the use served by the parking. If an off-site parking agreement lapses or is no longer valid, then parking must be provided as otherwise required by this chapter.
D. Valet Parking. Valet parking may be authorized through an administrative use permit as a means of satisfying up to 100 percent of otherwise applicable off-street parking ratios. In order to approve an alternative parking plan for valet parking, the zoning administrator must determine that the proposal satisfies the approval criteria of off-site parking (see subsection (C) of this section) and that the valet parking will not cause interference with the public use of rights-of-way or imperil public safety.
E. Residential Special Needs. If a developer can demonstrate that a multi-unit residential or supportive housing project designed for residents with special needs, such as senior citizens or handicapped individuals, will not generate a need for as much parking as such a project designed for a general market, the approving body shall have the authority to allow a reduction in the number of required parking spaces. Upon conversion of a senior citizen or other special needs group housing project to a general market apartment or condominium complex, parking must be provided consistent with the requirements of Table 18.105.040.A, as amended from time to time.
F. Community Building(s) for Residential Developments. Community buildings used for the common benefit of residents within residential subdivisions or otherwise designed to be used by multiple-residence projects, such as townhouse developments, apartments, residential condominiums, or residential manufactured home parks, may substitute up to 50 percent of required full-size parking spaces with golf-cart spaces, motorcycle/scooter spaces, or bicycle parking.
G. Other design requirements listed within this chapter the zoning administrator shall evaluate, and possibly accept or recommend to the decision-making body, alternative design that meets the intent and spirit of the code. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.07; Ord. 14-12 § 1.]
A. Bicycle Parking.
1. Spaces Required. Bicycle parking is required for multi-unit residential buildings and nonresidential development. Unless otherwise expressly stated, buildings and uses subject to bicycle parking requirements must provide at least three bicycle parking spaces, or at least one bicycle space per 10 off-street vehicle parking spaces actually provided, whichever is greater. After the first 50 bicycle parking spaces are provided, the required number of additional bicycle parking spaces is one space per 20 vehicle parking spaces.
2. Design and Location. Required bicycle parking spaces must:
a. Consist of racks or lockers anchored so that they cannot be easily removed and of solid construction, resistant to rust, corrosion, hammers, and saws;
b. Allow both the bicycle frame and the wheels to be locked using a standard U-lock;
c. Be designed so as not to cause damage to the bicycle;
d. Facilitate easy locking without interference from or to adjacent bicycles;
e. Be located in convenient, highly visible, active, well-lit areas without interfering with pedestrian movements; and
f. Have minimum dimensions of two feet in width by six feet in length, with a minimum overhead vertical clearance of seven feet.
B. Motorcycle and Scooter Parking. For any nonresidential use providing 50 or more off-street spaces, a maximum of two required off-street parking spaces per 50 vehicle spaces may be reduced in size or otherwise redesigned to accommodate parking for motorcycles and scooters. When provided, motorcycle and scooter parking must be identified by a sign. Motorcycle and scooter parking spaces can be counted toward meeting the minimum number of spaces required for the development. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 407.08; Ord. 14-12 § 1.]
The specific purposes of this chapter are to:
A. Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B. Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and
C. Protect industry from arbitrary exclusion from areas of the city. [Ord. 14-12 § 1; Res. 14-36 § 408.01.]
The minimum requirements and standards in this chapter apply to all land uses and all developments in the city. [Ord. 14-12 § 1; Res. 14-36 § 408.02.]
Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area. [Ord. 14-12 § 1; Res. 14-36 § 408.03.]
Measurements necessary for determining compliance with the standards of this chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance. [Ord. 14-12 § 1; Res. 14-36 § 408.04.]
A. Purpose. Certain noise levels must be tolerated by all citizens in order for the normal functions of city life to continue. However, any loud, unnecessary, or unusual noise that is excessive, disruptive, and/or annoying is subject to regulation as provided in this chapter. Children playing, construction equipment, barking dogs, amplified musical instruments, trash trucks, airplanes, and loud parties are all examples of noise found within the community.
B. Prohibited Noises, Standards of Acceptable Levels.
1. The following activities listed in subsections (B)(2) through (B)(5) of this section are prohibited if they:
a. Produce any loud, unnecessary, or unusual noise that is excessive, disruptive, and/or annoying; and
b. Are continuous or intermittent for a period of at least 15 minutes; or
c. Occur after 10:00 p.m. but before 6:00 a.m. (noise produced as a result of construction or landscape maintenance on golf courses and parks may begin at 5:00 a.m.); and
d. Are plainly audible beyond the property line of the property on which conducted; and
e. Disturb the peace and quiet of a neighborhood, a reasonable person of normal sensibilities, or are not a temporary event.
2. Allowing or causing any noise by using, operating, or permitting to be played any electronic music device, television, amplifier, musical instrument, or instrument, machine or device used for the production, reproduction or emission of sound.
3. Creating or allowing any noise in connection with the loading or unloading of any vehicle.
4. Owning, possessing, harboring, or permitting any animal or bird which frequently or for continuous duration howls, barks, meows, squawks, or makes other sounds.
5. Allowing or causing any malicious or willful shouting, yelling, screaming, or any other form of raucous vocalization by a person or group of people.
C. Other Prohibited Noises.
1. Use of any automobile, motorcycle or other vehicle, engine or motor of whatever size, stationary or moving, instrument, device or thing, in such a manner as to create loud and unnecessary grating, grinding, rattling, or other noise.
2. Operating any mechanical device operated by gasoline, or otherwise, without having a muffler, in good working order and in constant operation, to prevent excessive or unusual noise and smoke; and no person shall use a muffler cutout, bypass, or similar device.
3. Operating or permitting the operation of any sound amplification system in or on a vehicle in such a manner or with such volume as to annoy or disturb the peace and quiet of any reasonable person of normal sensibilities or neighborhood in the vicinity.
4. Operating or permitting the operation of any sound amplification system in or on a vehicle in such a manner that the sound is plainly audible at a distance of 50 feet, or in such a manner that it causes a person’s normal sensibilities to be aware of vibration accompanying the sound at a distance of 50 feet.
5. Maintaining or operating an outdoor speaker that is affixed to any structure or placed upon any property where:
a. The speaker is audible for a distance of more than 50 feet from the source; or
b. The speaker is 250 feet or closer to a residential district. This restriction shall not apply to intercommunication systems that are utilized from 9:00 a.m. to 6:00 p.m. for the sole purpose of conducting the internal business affairs of the establishment.
This provision does not prohibit use of an outdoor speaker where a temporary use permit has been granted for a special event.
D. General Exemptions. The following activities are exempt from the provisions of this chapter:
1. Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster; to restore public utilities; or to protect persons or property from an imminent danger;
2. Sound made to alert persons to the existence of an emergency, danger, or attempted crime;
3. Activities or operations of governmental units or agencies;
4. Parades, concerts, festivals, fairs, or similar activities that have been approved by the city for a temporary use permit for special events;
5. Athletic, musical or cultural activities or events (including practices and rehearsals) conducted by or under the auspices of public or private schools, and public or private colleges or universities; and
6. Construction, repair, remodeling, demolition, drilling, landscape maintenance, landscaping, lawn or yard work, wood cutting, including crafts and hobbies, or excavation work conducted between 5:00 a.m. through 8:00 p.m. Mondays through Fridays. Also, a person may engage in or allow such activities at that person’s residence between 6:00 a.m. and 8:00 p.m. on Saturdays and Sundays.
E. Temporary Exemptions.
1. The city manager or designee is authorized to grant a temporary exemption from the requirements established by this chapter if such temporary exemption would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary exemption is sought.
2. A temporary exemption must be in writing and signed by the city manager or designee and must set forth the name of the party granted the exemption, the location of the property for which it is authorized, and the date(s) and time(s) for which it is effective.
3. A temporary exemption may be granted only for the period of time that is reasonably necessary to conduct the activity, which in no case may exceed 30 days, unless otherwise specified.
4. The following factors shall be considered by the city manager or designee in determining whether to grant a temporary exemption:
a. The balancing of the hardship to the applicant, the community and other persons in not granting the variance against the adverse impact on the health, safety and welfare of persons adversely affected and any other adverse effects of the granting of the variance;
b. The nearness of any residence or residences, or any other use;
c. The level of the sound to be generated by the event or activity;
d. Whether the type of sound to be produced by the event or activity is usual or unusual for the location or area for which the variance is requested;
e. The density of population of the area in which the event or activity is to take place;
f. The time of day or night which the activity or event will take place; and
g. The nature of the sound to be produced, including but not limited to whether the sound will be steady, intermittent, impulsive or repetitive.
F. Persons Responsible for Noise Violations. The person responsible for an activity that violates this section shall be deemed responsible for the violation. If the person responsible for an activity that violates this section cannot be determined, the owner, property manager or agent of the owner, sponsor of the event, lessee or occupant of the property on which the activity is located shall be deemed responsible for the violation. Any person in attendance who engaged in any conduct causing the disturbance may also be deemed responsible for the violation. After three violations on the same property, in addition to the individuals listed above, the owner of the property may also be deemed responsible for the violation.
G. Exterior and Interior Noise Limits Related to Land Use or Activities Permitted by Zoning. No use or activity permitted by the zoning code shall create noise levels that exceed the following standards. The maximum allowable noise levels do not apply to noise generated by automobile traffic or other mobile noise sources in the public right-of-way.
Table 18.110.050.G Exterior and Interior Noise Limits
Land Use Receiving the Noise | Noise-Level Descriptor | Exterior Noise Level Standard in Any Hour (dBA) | Interior Noise-Level Standard In Any Hour (dBA) | ||
|---|---|---|---|---|---|
Daytime (6:00 a.m.–10:00 p.m.) | Nighttime (10:00 p.m.–6:00 a.m.) | Daytime (6:00 a.m.–10:00 p.m.) | Nighttime (10:00 p.m. – 6:00 a.m.) | ||
Residential | L50 Lmax | 55 70 | 45 60 | 40 55 | 30 45 |
Medical, convalescent | L50 Lmax | 55 70 | 45 60 | 45 55 | 35 45 |
Theater, auditorium | L50 Lmax | - - | - - | 35 50 | 35 50 |
Church, meeting hall | L50 Lmax | 55 - | - - | 40 55 | 40 55 |
School, library, museum | L50 Lmax | 55 - | - - | 40 55 | - - |
1. Adjustments to Noise Limits. The maximum allowable noise levels of Table 18.110.050.G, Exterior and Interior Noise Limits, shall be adjusted as follows. No more than one increase in the maximum permissible noise level shall be applied to the noise generated.
a. Ambient Noise. If the ambient noise level at a noise-sensitive use is 10 dBA or more below the standard, the allowable noise standard shall be decreased by five decibels.
b. Duration. The maximum allowable noise level (L50) shall be increased as follows to account for the effects of duration:
i. Noise that is produced for no more than a cumulative period of 15 minutes in any hour may exceed the noise limit by five decibels;
ii. Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the noise limits by 10 decibels; and
iii. Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the noise limits by 15 decibels.
c. Character of Sound. If a noise contains a steady audible tone or is a repetitive noise (such as hammering or riveting) or contains music or speech conveying informational content, the maximum allowable noise levels shall be reduced by five decibels.
H. Acoustic Study. The zoning administrator may require an acoustic study, at the applicant’s sole cost, for any proposed project that could be exposed to noise levels exceeding the limits in Table 18.110.050.G. When the zoning administrator has determined that there could be cause to make adjustments to the standards, a minimum 24-hour duration noise measurement shall be conducted. The noise measurements shall collect data utilizing noise metrics that are consistent with the noise limits presented in Table 18.110.050.G; e.g., Lmax (0 minutes), L02 (1 minute), L08 (5 minutes), L25 (15 minutes) and L50 (30 minutes). An arithmetic average of these ambient noise levels during the three quietest hours shall be made to demonstrate that the ambient noise levels are regularly 10 or more decibels below the respective noise standards. Similarly, an arithmetic average of ambient noise levels during the three loudest hours should be made to demonstrate that ambient noise levels regularly exceed the noise standards.
I. Noise Attenuation Measures. Any project subject to the acoustic study requirements of subsection (H) of this section may be required as a condition of approval to incorporate noise attenuation measures deemed necessary to ensure that noise standards are not exceeded.
1. New noise-sensitive uses (e.g., schools, hospitals, churches, and residences) shall incorporate noise attenuation measures to achieve and maintain an interior noise level of 45 dBA.
2. Noise attenuation measures identified in an acoustic study shall be incorporated into the project to reduce noise impacts to satisfactory levels.
3. Emphasis shall be placed upon site planning and project design measures. The use of noise barriers shall be considered and may be required only after all feasible design-related noise measures have been incorporated into the project. [Ord. 14-12 § 1; Res. 14-36 § 408.05.]
No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. [Ord. 14-12 § 1; Res. 14-36 § 408.06.]
No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the lot lines of a site. Odors from temporary construction, demolition, and vehicles that enter and leave the site (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. [Ord. 14-12 § 1; Res. 14-36 § 408.07.]
Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase in excess of five degrees Fahrenheit on another property. [Ord. 14-12 § 1; Res. 14-36 § 408.08.]
All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Fire fighting and fire suppression equipment and devices standard in industry shall be approved by the fire department. All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the fire department deems it a practical necessity. [Ord. 14-12 § 1; Res. 14-36 § 408.09.]
The purpose of this chapter is to establish comprehensive provisions that will eliminate confusing, distracting and unsafe signs, establish reasonable regulations to promote economic vitality for local organizations and services, and enhance the visual environment of the city of Maricopa. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.01.]
The intent of these provisions is to maximize establishment identification, minimize visual clutter, and maintain a high quality of signs throughout the city. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.02.]
The regulations, requirements, and provisions set forth in this chapter shall apply to all signs erected, placed, or constructed within the city. This includes all signage in an approved comprehensive sign plan, wall signs, under canopy signs, monument signs, individual sign panels on a multi-tenant monument sign (which may require a structural permit from the building safety division), temporary banners, and as deemed necessary by the zoning administrator. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.03.]
A. Permits Not Required. Permits are not required for the following signs; provided, that such signs are subject to all other provisions of this chapter. An electric permit is required for all exterior electronic signs.
1. Standard sign maintenance;
2. Yard, carport or garage sale signs;
3. Political signs;
4. Real estate and open house signs. See MCC 18.115.120(C) for regulations;
5. Nameplate signs for individual residences;
6. Messages painted directly on, or adhesive vinyl film affixed to, the exterior surface of existing mineral glass windows; except that the aggregate square footage of such signs shall be calculated as window signage;
7. Signs required by a county, state or federal agency provided such signs are regulated by those agencies and signs are posted per the regulations as determined by the governing agency;
8. Portable signs.
B. Exempted Signage. The provisions of this chapter shall not apply to the following:
1. Pennants or insignia of any nation, state, county, city, or school;
2. Memorial plaques, statuary or remembrances of persons or events noncommercial in nature, or building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure;
3. Works of fine art, historic or cultural artifacts when not displayed in conjunction with a commercial enterprise that may derive direct commercial gain from such display;
4. Temporary decorations or displays celebrating the occasion of traditionally accepted patriotic, religious or local holidays or events;
5. Signs that are relevant to the function of the property that are not visible beyond the boundaries of the lot or parcel upon which they are located, or from any public right-of-way;
6. Signs displayed within the interior of a building;
7. The placement and maintenance of official traffic, fire and police signs, signals and devices and markings of the state of Arizona and the city of Maricopa or other authorized public agency, and the posting of notices as required by law;
8. Signs displayed during recognized holidays as identification of temporary sales areas for trees and similar holiday items in conjunction with an approved temporary use permit. Such signs shall be exempted only when displayed within 30 days of the recognized holiday. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.04.]
A. Prohibited Signs. Any sign not specifically listed as permitted by this chapter is prohibited, including but not limited to the following:
1. Billboards;
2. Signs mounted, attached, or painted on trailers, boats, or motor vehicles primarily, or left in a location for more than 24 hours, stored, or displayed in a manner intended to attract the attention of the public for advertising purposes. This does not prohibit the identification of a firm or its principal products on a vehicle operating during the normal course of business for an organization or being taken home;
3. Signs attached to any utility pole or structure, street light, traffic signal, tree, fence, fire hydrant, park bench or other location on public property, unless otherwise specifically addressed in this chapter;
4. The use of pennants, banners, balloons, streamers, and similar displays, except as permitted in MCC 18.115.120;
5. Off-site signs, except those listed in MCC 18.115.120 and 18.115.130;
6. Subdivision weekend directional signs (bandit signs);
7. Signs displayed in a manner or locations that prevent free ingress and egress from a door, window or other exit;
8. Signs displayed in a location in such a manner as to obstruct or interfere with an official traffic sign, signal or device, or signs that obstruct or interfere with the driver’s view of approaching, merging or intersecting traffic and signs within the road medians or signs that are otherwise prohibited by this chapter;
9. The use of reader panel signs, except as permitted in MCC 18.115.080;
10. Signage on wireless communication facilities unless otherwise required by the city;
11. Signs placed on walls, utility poles and housings, traffic control poles, or control panels, and mailboxes. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.05.]
A. Sign Area. “Sign area” is defined and shall be measured as follows:
1. Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy shall be measured as that area within the outside dimensions of the background panel or surface. The base of a freestanding monument sign shall not be calculated as sign area unless said base contains signage.
2. Sign copy mounted as individual letters and/or graphics against a wall, fascia, or other structure that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy shall be measured as a sum of the smallest rectangle that will enclose each word, grouping of such letters, words, or graphics in the total sign copy.

Figure 18.115.060.A.2. Sign Area
3. Multi-face signs shall be measured as follows:
a. A double-faced sign shall be considered as one sign when determining the sign area, provided both faces are parallel and the distance between faces does not exceed two feet or the interior angle between the two sign faces is 45 degrees or less. If the interior angle is greater than 45 degrees or two feet, the sign area shall be the sum of the area of the two faces and shall be considered as two signs.
b. Where a sign has three or more faces, the area of the sign shall be calculated as the total sum of the area of all faces and shall be considered as three signs.

Figure 18.115.060.A.3.b. Multi-Face Signs
c. Where a sign is a spherical, free-form, sculptural or other nonplanar sign, the sign area shall be 50 percent of the sum of the area of the sides of the smallest polygon that will encompass the sign structure.

Figure 18.115.060.A.3.c. Nonplanar Signs
4. The aggregate sign area for all signs on a lot or parcel shall be the sum of the areas of all the signs except the area for the following:
a. Directional signs, assisting in the flow of traffic, which do not exceed an area of three square feet or a height of three feet and do not include advertising or logos;
b. Street address wall signs, which do not exceed an area of two square feet;
c. Signs necessary for safety, which do not exceed an area of two square feet or height of three feet;
d. For sale, lease, or rent signs.
B. Sign Height. “Sign height” is defined and shall be measured as follows:
1. The height of a freestanding monument sign shall be measured as the vertical distance from the top of the highest element of the sign or sign structure to the top of the curb or sidewalk, or the street grade of the nearest adjacent roadway where no curb exists. The height of any monument base or other structure erected to support or ornament the sign, above curb, sidewalk, or street grade, shall be measured as part of the sign height.
2. Wall or fascia sign height shall be measured as the vertical distance to the top of the sign or sign structure from the base of the wall on which the sign is located. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.06.]
A. Permit Required. A zoning permit shall be required for all signs except those signs specified in MCC 18.115.040, Exempt signs. The city of Maricopa shall issue a zoning permit only if the proposed sign, construction, alteration, re-erection, maintenance, and location of the sign comply with these regulations.
B. Code Compliance. All signs shall be structurally designed, constructed, erected and maintained in accordance with all applicable provisions and requirements of the city adopted codes.
C. Maintenance. All signs and sign structures, conforming and nonconforming, shall be maintained in good order, repair, and appearance at all times so as not to constitute a danger or hazard to the public safety or create visual blight as determined by the zoning administrator.
D. Visibility. Signs shall not be located in a manner that interferes with pedestrian or vehicular travel, or poses a hazard to either pedestrians or vehicles, or within the specified sight visibility triangle.
E. Signs in the Public Right-of-Way. Signs shall not be located within or projecting over any public street, right-of-way, or other public property, except for city of Maricopa approved kiosk sign structures, under canopy signs and projecting signs as permitted by this code. The city may install signs on its own property.
F. Illumination Adjacent to Residential Districts. Signs directly facing residential districts shall not be illuminated.
G. Concealed Electrical Systems. The source of the sign’s illumination, except neon illumination, shall not be visible from any street, sidewalk, or adjacent property. This shall not preclude the use of neon sign elements that shall be limited to use within the commercial zoning districts only.
H. Concealed Mechanical Systems. There shall be no visible angle iron supports, guy wires, braces or secondary supports except in the case of under canopy signs. All sign supports shall be an integral part of the sign design.
I. Conflict with Other Provisions. Where there is a conflict between these regulations and other city regulations or a comprehensive sign plan, the more restrictive shall apply.
J. Planned Area Developments. Signage within approved planned area developments (PAD) may deviate only from the requirements governing the total aggregate sign area and sign dimensional requirements of this chapter provided the PAD or MPD has an approved comprehensive sign plan, and all proposed signage within the PAD is in compliance with an approved comprehensive sign plan.
K. Signs Creating a Traffic Hazard or Affecting Pedestrian Safety. Signs and/or banners shall not be placed in such a manner that they obstruct city required informational, traffic or safety signs.
L. Height. The overall building height is inclusive of any signs projecting above the building or roofline.
M. Administrative Interpretation and Discretionary Approval.
1. Interpretations of this chapter may be made by the zoning administrator pursuant to this section. All interpretations of this chapter are to be exercised in light of the policies, purposes and intent set forth herein.
2. Whenever a sign permit or other approval is subject to discretion, such discretion shall not be exercised as to message content, but instead shall be directed to structural and location factors, including, as applicable:
a. Whether the location and placement of the sign will endanger motorists;
b. Whether the sign will cover, blanket or interfere with any prominent view of a structure or façade of historical or architectural significance;
c. Whether the sign will obstruct views of users or adjacent buildings to side yards, front yards or open space;
d. Whether the sign will negatively impact the visual quality of a public open space, such as a public recreation facility, square, plaza, park, courtyard and the like;
e. Whether the sign is compatible with building heights of the existing neighborhood;
f. Whether the sign’s lighting or illumination system will cause hazardous or unsafe driving conditions for motorists.
N. Lighting. All lighting for signage shall be in conformance with the adopted city of Maricopa codes.
O. Electrical Signs. Where permitted, all electric digital signs shall comply with the following requirements:
1. Each message displayed on an electronic sign must be static or depicted for a minimum of 30 seconds.
2. Where text is displayed on a background, the text shall be brighter than the background, i.e., dark text shall not be displayed on a bright background.
3. Electronic signs may not contain animation or any flashing of lights, moving lights, or any type of video.
4. Lighting from the sign must not exceed an intensity of 0.5 foot-candles of light at the property line.
P. Government signs displaying government speech are exempt from regulation. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.07.]
For all signs within the residential and rural zoning districts the following shall apply. Additionally, any residential district that has an approved PAD or MPD may apply for a comprehensive sign plan.
A. Total Signage.
1. Multiple Unit Uses. Only one sign per individual unit or dwelling may be permitted. A maximum of two freestanding monument signs per development may be permitted.
2. Nonresidential Uses. Maximum of one wall sign and one monument sign may be permitted. If located on a corner lot a maximum of two wall signs, one per public street frontage, and one monument sign may be permitted.
B. Multiple Unit Uses. Within the RH, RM, and RMHP districts:
1. Building number or letter signs for multiple building developments shall be in compliance with fire department requirements and shall not be counted as part of the aggregate sign area.
2. A maximum of two freestanding monument identification signs with an aggregate area of 24 square feet may be permitted per development. The maximum height shall be five feet. Signs should be located near the main entrance(s).
C. Nonresidential Uses.
1. Examples of nonresidential uses in a residential district include, but are not limited to, assembly uses, schools, public buildings, assisted living facilities (with more than five persons receiving care) and farms, but do not include home occupations.
2. One wall-mounted sign per lot or parcel not exceeding 32 square feet in area shall be permitted.
3. Additionally, any complex/single building development in excess of 15,000 square feet (gross floor area) may submit a comprehensive sign plan to be reviewed and approved by the city.
4. One freestanding monument sign shall not exceed 32 square feet in area nor a height of five feet, may be permitted.
D. Residential Freestanding or Monument Signage.
1. Up to two entryway wall or monument sign locations may be permitted for each arterial roadway frontage of a residential development. The signage shall be integrated to complement the streetscape and landscaping frontages. A maximum aggregate area of no more than 48 square feet per subdivision nor more than one sign on each side of the entry, if wall mounted, may be permitted. Backlit signs are preferred; using external spotlights to light signage is strongly discouraged. All lighting shall be in conformance with the adopted city codes.
E. Reader Panel Signs.
1. Assembly uses may use up to one-half of the allowed freestanding monument sign area for a reader panel. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.08.]
For all signs within the commercial and industrial zoning districts the following regulations shall apply. Additionally, any complex of two or more organizations or any single building development in excess of 5,000 square feet (gross floor area) may submit a comprehensive sign plan and any single building development in excess of 25,000 square feet shall be required to submit a comprehensive sign plan to be reviewed and approved through an administrative use permit.
A. Total Signage.
1. The combination of all of the below types and styles of allowed signage shall be included in calculating the total aggregate sign area, except where specifically excluded or otherwise exempted by this chapter. For corner buildings or developments only the main entrance frontage shall be measured when determining the allowable signage.
2. The combined total aggregate sign area of all signs for any one organization in commercial, mixed-use, office and industrial zoning districts shall not exceed 100 square feet.
B. Wall or Building Signage.
1. The sign area for any one organization or individual tenant shall not exceed one and one-half square feet for each two linear feet of street or store frontage with the maximum not to exceed 32 square feet.
2. Single buildings/organizations with less than 25,000 square feet (gross floor area) are allowed one wall or building sign per organization.
3. Single buildings/organizations with two street frontages are allowed one wall sign per street frontage.
4. Signage shall not extend horizontally a distance greater than 50 percent of the width of the building wall on which it is displayed.
C. Freestanding or Monument Signage.
1. One freestanding identification sign shall be permitted per development, per street frontage.
2. The sign shall not exceed six feet in height.
3. For a single tenant building the sign area shall not exceed one and one-half square feet for each two lineal feet of street frontage with the maximum not to exceed 32 square feet.
4. If street frontage is not available then the allowable sign area may be based on the lineal feet of store frontage at a ratio of one square foot of signage for each five linear feet of store frontage.
5. For multiple building developments or commercial centers: One sign may be permitted on any lot with 100 feet of street frontage and one additional freestanding sign for every 300 feet of street frontage over 100 feet for the entire development. The individual buildings within the development and/or the PAD sites within the commercial center shall not be considered as separate developments. The minimum distance between two signs on the same street frontage shall be 300 feet. Each sign may be eight feet high and a maximum of 48 square feet in area. One-half of the monument sign area may be a changeable message sign, subject to administrative approval.
6. Up to one-half of the allowed freestanding monument sign area for a reader panel may be digital.
D. Driveway and Drive-Through Signs.
1. One sign per complex entrance may be used when useful to identify the location of various buildings, offices, or organizations within a complex. A directory sign may be internally illuminated, externally illuminated, or nonilluminated and have a maximum area of six square feet, and a maximum height of six feet, and shall not be included in calculating the total aggregate area for signage allowed on a parcel or lot or for a particular organization.
2. One driveway or drive-through sign may be used for each entrance and exit to or from a parking area or drive-through lane provided that the sign is limited to three square feet in area and four feet in height. A driveway or drive-through sign may be double faced.
3. Each drive-through lane and/or drive-in restaurant may be permitted one sign without a call box and one sign with a call box. These boards may be freestanding or wall-mounted and shall be located not less than 45 feet from the street property line.
4. The front of the board shall not be visible from the public street. Call boxes shall be oriented away from adjacent residential uses or screened in a manner to diffuse the sound emitted from the call box beyond the drive-through lane.
5. Maximum sign area per drive-through area shall not exceed 48 square feet and shall not be included in calculating the total aggregate area for signage allowed on a parcel or lot or for a particular organization.
6. The sign shall not exceed six feet in height.
7. Signs with call boxes fronting roadways shall be screened with a decorative wall and/or landscaping.
E. Window and Interior Display Signage.
1. The total aggregate area of all window and interior display signs shall not exceed 50 percent of the total area of the windows through which they are visible.
F. Flags.
1. Flagpoles shall not exceed 50 feet in height, measured from the top of grade to top of pole.
2. United States and state of Arizona flags shall be maintained with flag etiquette.
3. A maximum of three poles per site will be permitted.
G. Awning Signs.
1. A maximum of 25 percent of the front face area of the awning may be used for signage.
2. Signage shall be specific to the tenant.
H. Under Canopy Signs and Projecting Signs.
1. One under canopy sign or projecting sign which is designed and oriented primarily for the aid of pedestrians may be allowed per primary organization and shall be located immediately adjacent to the organization it identifies.
2. Shall have an eight-foot minimum clearance between the bottom of the sign and the sidewalk.
3. Projecting and under canopy signs shall not project less than six inches nor more than three feet from the building wall or building face.
4. Under canopy signs shall have a maximum area of three square feet.
5. Projecting signs for each ground-floor organization, on a street, shall not exceed one square foot for each linear street frontage of organization, up to a maximum of 15 square feet.
6. Sign shall be specific to the primary tenant.
7. A wall or fascia sign is not permitted if a projecting sign is used to identify the organization on the same wall.
I. Gasoline Service Station Signs.
1. One freestanding sign per street frontage on which the service station has frontage; but not including freeway or interstate frontage.
2. Maximum sign area shall not exceed 12 square feet.
3. Maximum sign height for a freestanding sign shall not exceed six feet.
4. One canopy sign per street frontage.
5. Maximum sign area of canopy sign shall not exceed 12 square feet per sign.
6. Price sign cannot be located on the canopy or building. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.09.]
For all signs within open space, public and institutional districts, the following shall apply:
A. Wall Sign.
1. One wall-mounted sign per lot or parcel not exceeding six square feet in area may be permitted.
B. Freestanding Sign.
1. One freestanding sign per entrance not exceeding 12 square feet in area nor a height of five feet may be permitted.
C. Directional or Informational Signage.
1. No more than one directional or informational sign per complex entrance may be used when useful to identify the location of various facilities within a complex. A directory sign may be internally illuminated, externally illuminated, or nonilluminated and have a maximum area of six square feet.
D. Banners.
1. Sign shall be one sided and may only be displayed on park fences facing internally to the park. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.10.]
For all city of Maricopa facilities (city of Maricopa facilities include but are not limited to City Hall, libraries, fire stations, community centers, police stations, city parks, etc.), the following regulations shall apply:
A. Wall or Building Signage.
1. Sign shall not exceed one and one-half square feet for each two linear feet of street or building frontage with the maximum not to exceed 32 square feet.
2. Signage shall not extend horizontally a distance greater than 50 percent of the width of the building wall on which it is displayed.
3. Only one wall or building sign per facility.
4. The city may submit a comprehensive sign plan.
B. Freestanding or Monument Signage.
1. One freestanding identification sign shall be permitted per city facility and may include only the name of the facility and the address.
2. The sign shall not exceed six feet in height. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.11.]
A. General Criteria for Temporary Signs. General criteria and limitations are by zoning district.
B. Signs must be maintained in a safe condition and not cause blighting.
C. A-Frame, T-Frame and Banner Signs. A-frame, T-frame and banner signs are unlawful if they do not meet the criteria and limitation set forth in the following Tables 18.115.120.B and 18.115.120.C.
1. A-frame, T-frame and banner signs are permitted in all zoning districts but may be placed in single-family residential zoning districts only in conjunction with nonresidential uses.
2. Unless otherwise specifically allowed herein, A-frame, T-frame and banner signs must be located on the parcel or organization advertised thereon, supported by a base of sufficient weight and durability to withstand wind gusts, constructed of durable material (i.e., no paper, cardboard or similar material) and maintained in a professional manner free from fading, tearing, and tattering.
3. A-frame, T-frame and banner signs shall not be placed in raised or painted medians, with stakes fastened to or driven into concrete, or on equestrian or multi-use trails.
4. A-frame and T-frame signs must be placed and displayed at grade level.
5. Off-site temporary signs must have the responsible person or owner name and contact number displayed on the sign.
6. Authority to Remove Unauthorized Signs. The city’s code enforcement officer may remove unauthorized signs. Unauthorized signs so removed shall be disposed of after the city provides notice to the organization, responsible person, or establishment identified by the sign. A notice shall be sent within five days of the removal notifying the organization, responsible person, or establishment to claim the unauthorized sign at a location specified in the notice within a specified time period. If unclaimed after the time period lapses, the city may dispose of the sign. If an organization, responsible person or establishment is not identified by the sign, the sign may be disposed of no sooner than five days after removal.
Table 18.115.120.A Temporary Signs: Criteria and Limitations Residential Use in Residential Zones
Temporary Sign Type Residential | General Criteria |
|---|---|
Maximum Number of Signs per Parcel | Maximum of one temporary sign within a five- to 10-foot setback of the right-of-way (ROW), on private property and up to four signs within five feet of the primary structure, on private property |
Maximum Combined Sign Area | 6 square feet |
Maximum Sign Height, Freestanding | 4 feet |
Minimum Setback From Street Edge (must also be on private property) | 5 feet |
Minimum Spacing From Any Other Sign (Temporary) | 10 feet |
Permit Required | No |
Permission of Owner Required | Yes |
Allowed Within Sight Visibility Triangle | No |
Movement Allowed | No |
Allowed on Roof | No |
Table 18.115.120.B Temporary Signs: Criteria and Limitations Nonresidential Use in Residential Zone
Temporary Sign Type Residential – Nonresidential Use | General Criteria | A-Frame and T-Frame Signs | Banner Signs | Flying Banner Signs |
|---|---|---|---|---|
Maximum Number of Signs per Parcel1 | 1 | Up to 101 | 1 | 1 |
Maximum Sign Area | 6 square feet | 6 square feet | 32 square feet | 12 square feet |
Maximum Sign Height, Freestanding2 | 4 feet | 4 feet | 4 feet | 15 feet |
Maximum Sign Height, Wall Sign | 4 feet | NA | 8 feet | NA |
Minimum Setback From Street Edge (must also be on private property)3 | 10 feet 20 feet if located on State Route | 10 feet 20 feet if located on State Route | 10 feet | 20 feet |
Minimum Spacing From Any Other Sign (Temporary)2 | 5 feet | 5 feet | 30 feet | 30 feet |
Permit Required | No | No | Yes | Yes |
Permission of Owner Required | Yes | Yes | Yes | Yes |
Allowed Within Sight Visibility Triangle | No | No | No | No |
Movement Allowed | No | No | No | Yes |
Allowed on Roof | No | No | No | No |
Duration | Up to two hours prior to event and two hours after the event has concluded. | Signs and displays shall not be displayed for longer than 30 days for signs requiring a permit. A minimum of 14 days shall pass between each such display, after which a new permit shall be required. | ||
1In residential zoning districts, each single-family residential lot with at least one principal structure may place up to 10 off-site temporary signs for the purpose of directing the public to a nonresidential use activity (e.g., real estate open house, garage/yard sale, estate sale). No more than one sign per turning movement within one mile from event shall be displayed. Signs shall be constructed of durable material, not exceed six square feet in area per sign and shall be maintained in good repair.
2Not applicable to flags displayed on flagpoles.
3Minimum sign setbacks are measured from back of curb or, in the event there is no curb, the edge of pavement.
Table 18.115.120.C Temporary Signs: Criteria and Limitations for Nonresidential Zones
Temporary Sign Type Nonresidential | General Criteria | A-Frame and T-Frame Signs | Banner Signs | Flying Banner Signs |
|---|---|---|---|---|
Maximum Number of Signs per Parcel1 | 1 | 1 | 1 | |
Maximum Sign Area | 6 square feet | 6 square feet | 32 square feet | 12 square feet |
Maximum Sign Height, Freestanding | 4 feet | 4 feet | 8 feet | 15 feet |
Minimum Setback From Street Edge (must also be on private property)4 | 10 feet | 5 feet | 10 feet | 10 feet |
Minimum Spacing From Any Other Sign (Temporary or Permanent) | 20 feet | 20 feet | 30 feet | 30 feet |
Permit Required | Yes | No | Yes | Yes |
Permission of Owner Required | Yes | Yes | Yes | Yes |
Allowed Within Sight Visibility Triangle | No | No | No | No |
Allowed on Sidewalk | Only A-frames and no more than 1/3 of the width of a sidewalk may be obstructed and must provide at least five feet of sidewalk clearance. | |||
Movement Allowed | No | No | No | Yes |
Allowed on Roof | No | No | No | No |
Duration | Sunup to sundown during hours when organization is open for inspection. | Signs and displays shall not be displayed for longer than 30 days for signs requiring a permit. A minimum of 14 days shall pass between each such display, after which a new permit shall be required. | ||
1The combined total number of signs (including flying banner signs, A-frame signs, and T-frame signs) shall not exceed four per organization.
2One per public street frontage.
3Construction sites with an active building permit shall be allowed to display one banner sign per contractor until completion of the building or when a certificate of occupancy is issued. Setbacks do not apply to wall signs or signs affixed to a temporary construction fence.
4Minimum sign setbacks are measured from back of curb or, in the event there is no curb, the edge of pavement.

Sight Visibility Triangle
D. Special Event Signage.
1. Off-Site Event/Directional Signs.
a. A sign plan shall be required in conjunction with the special event permit. Said sign plan shall show the proposed location, placement, and size of all off-site event/directional signs.
b. Directional signs shall be no greater than four square feet and event signs shall be no greater than 32 square feet. Said signs may be permitted within the city right-of-way, excluding medians, in accordance with the approved sign plan for an approved special event permit and an approved right-of-way permit.
c. Directional signs may be placed 24 hours prior to event and event signs may be placed five days prior to the event or as specified in the approved special event permit request and shall be removed within 48 hours after the conclusion of the event.
E. Political Signs.
1. Political signs are permitted in all districts.
2. All other requirements shall adhere to A.R.S. § 16-1019, as may be amended from time to time.
F. Builder Sign Plan. A builder sign plan shall be approved by zoning permit and is required for each model home complex prior to any certificate of occupancy being issued for a temporary use permit for sales trailer/model home complex. The following shall apply for the builder’s sign plan:
1. A zoning permit for a builder sign plan is valid for one year from the date of issuance. A builder sign plan may be renewed annually upon formal application to the city.
2. All signs permitted per the builder sign plan shall be removed upon the expiration of the temporary use permit.
3. On-site signage shall mean the lot(s) for the specific temporary use permit. A maximum of 240 square feet total of on-site signage is permitted for each builder in a recorded subdivision plat. Sign area includes items such as builder/real estate signs, model home complex signs, banners, awnings, and flags. All signs less than 32 square feet shall be set back a minimum of 10 feet from the front yard lot line and shall not encroach upon sight visibility triangle. The height of any sign shall be a maximum of 12 feet.
4. No more than two builder signs shall be allowed and no larger than 96 square feet of sign area. Builder signs shall be limited to 12 feet in height and shall be set back a minimum of 10 feet from the right-of-way.
5. Flags are permitted, not to exceed 15 feet in height. Flags shall be spaced a minimum of 40 feet apart and shall be set back a minimum of five feet behind the right-of-way. Maximum of three flagpoles allowed per lot in the temporary use permit. Each flag shall have a maximum area of 12 square feet, may contain lettering or logo, and may not be higher than 15 feet above grade.
6. No more than one flagpole may be placed per temporary use permit. Flagpoles shall be limited to 50 feet in height.
7. No builder signage shall be allowed to be placed outside the recorded subdivision in which the builder is located.
G. Sign Walkers.
1. Sign walkers shall be located 30 feet from a street or driveway intersection measured from the back of the curb or edge of pavement if no curb exists.
2. Once 30 feet from the street or driveway intersection, the sign walker must stand at least five feet back from the roadway, measured from the back of curb or edge of pavement if no curb exists.
3. Sign walkers must maintain a minimum distance of 20 feet from any other sign walker.
4. Signs held by sign walkers must be held, worn, or balanced at all times. At no time is a sign walker allowed to toss or throw their sign.
5. Sign walkers shall allow a minimum distance of four feet for pedestrian passage on all sidewalks and walkways.
6. The following elements are prohibited for use on the signs held by sign walkers:
a. Any form of illumination, including flashing, blinking, or rotating lights.
b. Animation on the sign itself.
c. Mirrors or other reflective materials.
d. Attachments including but not limited to balloons, ribbons and speakers. [Ord. 24-01 § 2; Ord. 23-31 § 1; Res. 22-12; Ord. 22-03 § 2; Ord. 21-18 § 1; Ord. 14-12 § 1; Res. 14-36 § 409.12.]
A. Kiosk Signs. Sign panels on a city approved kiosk structure may be or double faced. Maximum sign height for a single sign structure (kiosk) shall be 12 feet.
1. Sign panels shall be located on designated city kiosk structures within the public right-of-way, or, upon finding that such location will not permit adequate information, kiosk structures may be approved on private property (with a sign easement designating the city as a third-party beneficiary) with the written permission of the property owner. Such permission shall include the consent of the property owners to allow the city, in the event of noncompliance, to enter said property and remove the sign. A kiosk location plan shall be prepared showing the site of each kiosk and shall be submitted to and approved by the zoning administrator or their designee, prior to the acceptance of a zoning permit application.
2. No kiosk sign shall be placed within 100 feet of another except when they are on opposite sides of the same street.
3. Any sign panels shall conform to colors and design standards approved by the zoning administrator or their designee.
5. Any sign panel approved for a project within the city shall not be changed to another project without prior approval of the zoning administrator. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.13.]
A. Approval of a zoning permit is required for constructing or altering any nonexempt sign. A zoning permit application shall be made in writing on forms provided by the city. The following information shall be required as part of all zoning permit applications:
1. Owner’s name, address, telephone and fax numbers.
2. Sign contractor’s name, address, telephone and fax numbers.
3. Inventory of all existing signs on the property showing the type and dimensions of each sign as well as a site plan showing the locations of each sign.
4. Fully dimensioned plans and elevations showing the dimensions, design copy, and location of each proposed sign in relation to the property line(s) and public right-of-way.
5. Plans indicating the scope and structural detail of the work to be done, including details of all connections, supports, footings, and materials to be used.
6. Required information for an electrical permit for all signage illumination.
B. Two copies of all information listed in subsection (A) of this section shall be submitted with the application for each sign, one copy being returned to the applicant at the time the permit is issued.
C. Before issuing any zoning permit required by this code, the city shall collect a fee in accordance with a fee schedule established by the city council. If work for which a permit is required by this code is started before a permit has been issued, the fees specified above shall be doubled. The payment of such double fee shall not relieve any persons from complying fully with the requirements of this code in the execution of the work or from any penalties prescribed herein.
D. All signs for which a permit is required shall be subject to inspections or additional permits during various stages of construction as prescribed by the city building safety division and the city zoning permit number affixed to each sign. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.14.]
A. An administrative use permit for comprehensive sign plan shall comply with the standards and submittal requirements as outlined below. A comprehensive sign plan is intended to provide for the establishment of signage criteria that are tailored to a specific development location, and which may vary from specific code provisions. The intent is to provide flexible sign criteria that promote superior design through architectural integration of the site, buildings and signs. A comprehensive sign plan shall demonstrate consistency and uniformity among all signs. Additionally, all signs with an approved comprehensive sign plan must have an approved zoning permit with the city and any additional permits as necessary.
B. The requirements of a comprehensive sign plan shall apply for any organization and/or development within a related project even if the properties have been subdivided. A comprehensive sign plan shall be evaluated based upon the following criteria:
1. Placement. All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include the purpose of the sign, its location relative to traffic movement and access points, site features and structures. In commercial centers in which some tenants are in locations having little or no street visibility, in order to provide identification, wall signs may be placed on walls of the building in which such tenants are located, even though not a wall of the space is occupied by those tenants.
2. Quantity. The number of signs that may be approved within any development shall not be greater than that required to provide project identification and entry signs, internal circulation and information to destinations and/or development sub-areas, and organization identification. Factors to be considered shall include the size of the development, the number of development sub-areas, and the division or integration of sign functions.
3. Size. All signs shall be no larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, amount of sign copy, placement of display (location and height), lettering style and the presence of distractive influences. Specific justification must be made if a request is submitted for a freestanding or wall sign to exceed by more than 25 percent any maximum height standard or by 50 percent any maximum area standard allowed in the regular ordinance.
4. Materials. Sign materials shall be compatible with architectural and/or natural features of the project. This may be accomplished through similarity of materials for sign structures and faces, the use of complementary colors, similarity of architectural style, or the use of a consistent lettering style or copy.
5. Context. The design of all signs should respect the context of the surrounding area and the character established by existing signage. Items to be considered include, but are not limited to, lettering style, sign placement, and architectural style.
6. Submittals. Three copies of the following should be submitted with the sign application to be reviewed by city staff and the planning and zoning commission. The specific submittal shall include at a minimum the following information:
a. Information regarding the color(s), material(s), type of sign (e.g., attached or detached), letter samples that are for all tenants, freestanding center identification signage, window signs, and any other information deemed necessary by the city to adequately review the comprehensive sign plan (both in a graphic and written format).
b. A justification letter describing the request and how the sign structure, materials, and colors are compatible with the project’s building architecture. Include a list in outline form of each sign requested, both freestanding and wall, to include verbiage, area in square feet, and height.
c. Preliminary site/landscape plan including property boundaries; dimensions; adjacent street right-of-way, existing and proposed; and street and sidewalk improvements, existing and proposed, noted to centerline. Show location of conceptual or existing landscape concepts including trees, shrubs, ground covers, berms, and screen walls.
d. Show location of proposed freestanding signs including dimensions, height, materials, colors, and method of illumination. Include elevations of buildings showing wall sign locations with dimensions.
C. Amendments. Applications for amendments to the comprehensive sign plan shall be processed in the same way as an original application. Revisions or amendments to the comprehensive sign plan shall require documentation from all tenants and/or property owners on the property prior to approval.
D. Minor Alterations. Minor alterations in sign locations resulting from unexpected conditions on site may be approved by the zoning administrator. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.15.]
Whenever the use of land or structures changes, signs including any supporting structures that do not relate to the new use or to any product or service associated with the new use shall be removed or appropriately altered within 30 days of the cessation of such use. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.16.]
A. If the building official, or their designee, determines any sign or sign structure to be in an unsafe condition, they shall immediately notify, in writing, the owner of such sign who shall correct such condition within 48 hours.
B. If the correction has not been made within 48 hours, the building official, or their designee, may have the sign removed if it creates a danger to the public safety or have any necessary repairs or maintenance performed at the expense of the sign owner or owner or lessee of the property upon which the sign is located. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.17.]
A. Legal Nonconforming Signs.
1. Legal nonconforming sign(s) shall mean a sign which is/are lawfully existing at the time of the enactment of the ordinance codified in this chapter which does not conform to the regulations as specified in this chapter.
2. A legal nonconforming sign may continue to be utilized in association with an approved permitted use only in the manner and to the extent that it existed at the time of the adoption of the ordinance codified in this chapter or any amendment thereto.
3. A legal nonconforming sign may not be altered in any manner not in conformance with this chapter.
4. This does not apply to the normal repair, maintenance, or replacing of existing copy; provided, that structural alterations are not required as part of the repairs, maintenance, or replacing of existing copy.
5. Any sign that becomes nonconforming subsequent to the effective date of the ordinance codified in this chapter, either by reason of annexation to the city or amendment to this chapter, shall be subject to the provisions of this code.
6. Notwithstanding any other provision of this chapter, legal nonconforming signs that are located on a parcel of property that is severed from a larger parcel of property and acquired by a public entity for public use by condemnation, purchase, or dedication may be relocated on the remaining parcel without extinguishing the legal nonconforming status of that sign; provided, that the nonconforming sign:
a. Is not increased in area or height;
b. Remains structurally unchanged except for reasonable repairs or alterations;
c. Is placed in the same relative position on the remaining property that it occupied prior to the relocation; and
d. Is relocated in a manner so as to comply with all applicable safety requirements.
B. Signs for a Legal Nonconforming Use.
1. New or additional signs for a legal nonconforming use shall not be permitted.
2. A nonconforming sign for a legal nonconforming use which ceases to be used for a period of 365 consecutive days or is suspended by a conforming use shall be considered a prohibited sign and shall be removed or brought into conformance upon establishment of a conforming use.
C. Alteration or Removal of Nonconforming Signs.
1. A nonconforming sign structure shall not be re-erected, relocated, or replaced unless it is brought into compliance with the requirements of this chapter, except as provided for in subsection (A) of this section.
2. Any construction permit that invokes certificate of occupancy requirements shall specify and require that any nonconforming sign located within the boundaries of the development site authorized by said permit shall be brought into conformance with the provisions of this code. If the nonconforming sign is a type of sign that is prohibited under MCC 18.115.050, it shall be removed.
3. Any nonconforming sign that is allowed to deteriorate to such an extent that the cost of repair or restoration is more than 50 percent of the cost of reconstruction shall either be removed or be rebuilt in full conformity with this chapter. Notwithstanding this provision, nonconforming signs may be repaired or replaced if the repairs or restoration are necessary due to acts of God, or the negligent act of or vandalism to the sign by a third party.
D. Signs Rendered Discontinued.
1. Sign structures that remain vacant, unoccupied, devoid of any message, or display a message pertaining to a time, event or purpose that no longer applies shall be deemed to be discontinued.
2. Any sign that is located on property that becomes vacant and unoccupied for a period of 90 consecutive days shall be deemed to be discontinued.
3. A sign whose use has been deemed discontinued is prohibited and shall be removed by the owner of the sign or owner of the premises. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.18.]
A. Illegal Signs.
1. The zoning administrator, or other designated city official, shall require removal of all illegal signs or legal signs placed in prohibited locations. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.19.]
Accessory uses shall be located, developed, and operated in compliance with the following standards:
A. General Requirements. No use shall be considered to be accessory to a principal or conditional use which involves or requires any of the following:
1. In Residential and Rural Districts. The use of more than one-quarter of the total floor area in the principal building and accessory building.
2. In All Other Districts. The use of more than one-third of the total floor area in the principal building and the accessory building.
B. Prohibited Uses. The following uses are prohibited from being accessory uses:
1. In Residential and Rural Districts.
a. Any bar, restaurant, or any other retail establishment that serves liquor for consumption on site, except in resorts and golf courses; and
b. The employment of any person not a resident in the dwelling unit, other than an approved home occupation employee, domestic servant, gardener, janitor, farm employee, or other person concerned in the operation or maintenance of the dwelling unit.
2. In All Other Districts.
a. Adult-oriented businesses;
b. Medical marijuana uses;
c. Liquor stores;
d. Bars and lounges, except in hotels, resorts, and golf courses; and
e. General and heavy manufacturing.
C. Limitations. Accessory uses shall be restricted to interior areas of a structure except in rural districts where exterior accessory use on a lot is allowed, subject to other standards of this code. In addition, outdoor dining is permitted if specified standards are met. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.01; Ord. 14-12 § 1.]
Adult-oriented businesses shall be located, developed, and operated in compliance with the following standards:
A. Permits and Licenses. Adult-oriented businesses must be in conformance with Maricopa City Code and subject to the following:
1. An adult-oriented business must, prior to commencement or continuation of such business, apply for and receive from the planning and zoning commission a conditional use permit. Reasonable conditions may be imposed, such as limitation on hours of operation, exterior lighting, display materials, security, and other similar conditions, as may be necessary to protect the health, safety, and welfare.
2. Subsequent to receipt of an approved conditional use permit, but prior to establishment of the business, the applicant shall apply for and receive a valid business license, as provided in the Maricopa City Code.
B. Location. Adult-oriented businesses shall be located a minimum of:
1. One thousand five hundred feet from the lot line of vacant or developed land in any residential or mixed use districts, or land reserved for a future school site;
2. One thousand five hundred feet from any existing or proposed elementary or secondary educational facility, junior colleges and universities, vocational schools, family day care facility, day care facility, religious facility, cultural institution, family-oriented entertainment business, or public park and recreational areas;
3. One thousand five hundred feet from any business that is licensed to sell alcoholic beverages; and
4. One thousand feet from any other legally established adult-oriented business.
C. Number of Businesses – Expansion. Only one adult-oriented business is permitted in each building, structure, or lot. No existing adult-oriented business can expand or intensify their business if there is another adult-oriented business in the same building, structure, or lot.
D. Hours of Operation. Hours of operation shall be limited to the time period between 8:00 a.m. and 1:00 a.m. Monday through Saturday and 12:00 noon and 1:00 a.m. on Sunday, or as otherwise approved by conditional use permit.
E. Screening. All windows, doors, or other apertures shall be architecturally screened or otherwise obscured so as to prevent public viewing of the interior of the adult-oriented business from a public street or sidewalk.
F. Signs. No advertisement displays or merchandise available for sale or rent that includes or depicts specified sexual activities or specified anatomical areas shall be visible from any public right-of-way. Total wall sign area shall not exceed 20 square feet. Businesses located on a corner lot may have a maximum of 25 square feet of sign area. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.02; Ord. 14-12 § 1.]
Businesses with alcoholic beverage sales of packaged liquor shall be located, developed, and operated in compliance with the following standards:
A. Permit Required. Conditional use permit approval is required for any use involving the sale of alcoholic beverages as defined in subsection (B) of this section.
B. Liquor Stores and Convenience Markets. Liquor stores, convenience markets, and other off-sale establishments that dedicate more than 50 percent of the sale floor to sales of alcoholic beverages for off-premises consumption, but excluding general markets, shall be located, developed, and operated in compliance with the following standards:
1. Location. Such establishment shall be located a minimum of:
a. One thousand five hundred feet from elementary and secondary educational facilities, religious facilities, cultural facilities, or public parks and recreational facilities.
b. Five hundred feet from restricted personal services, off-track betting establishments, and adult-oriented business.
c. One thousand feet from any other legally established businesses with packaged alcoholic beverage sales.
2. Litter. Trash receptacles and separate recycling receptacles shall be provided by entrances and exits from the building.
3. Pay Telephones, ATM Machines, and Vending Machines. Pay telephones, ATM machines, and vending machines are prohibited externally. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.03; Ord. 14-12 § 1.]
Automobile/vehicle sales and leasing shall be located, developed, and operated in compliance with the following standards:
A. Location. Automobile/vehicle sales and leasing are permitted on sites with at least one frontage on an arterial street or regional highway.
B. Minimum Lot Size. Ten thousand square feet.
C. Landscaping and Screening. In addition to complying with the following standards, automobile/vehicle sales and leasing uses shall meet landscaping standards in Chapter 18.90 MCC.
1. Maintenance. All landscaped areas, walls, and barriers must be maintained in conformance with approved landscape plans in perpetuity.
2. Other Requirements. Additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent residential or mixed use districts.
3. Accessory Sales and Leasing. Automobile sales and leasing that are accessory to another use must meet the landscaping and screening requirements above.
4. Relation to MCC Title 17, Subdivisions. Where the requirements of this section conflict with landscaping and screening requirements of MCC Title 17, Subdivisions, the most restrictive shall govern. Where there is a conflict between a general requirement and specific requirement, the specific requirement shall apply.
D. Vehicle Display. A minimum 12-foot-wide planter strip shall separate vehicle display areas from sidewalks and pedestrian entries.
E. Vehicle Loading and Unloading. All vehicle loading and unloading shall occur in the rear half of the site. If the lot abuts a property in a residential district, the loading and unloading may be located to have a lesser impact on the adjacent properties, but in all cases, loading and unloading shall occur during weekday business hours. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.04; Ord. 14-12 § 1.]
Major automobile/vehicle repair facilities shall be located, developed, and operated in compliance with the following standards:
A. Location. Automobile/vehicle service and repair are permitted on sites with at least one frontage on an arterial street or regional highway.
B. Minimum Lot Size. Ten thousand square feet.
C. Orientation of Bay Doors. All bay doors shall be oriented to minimize visibility from public streets by locating bay entries at least 90 degrees from the roadway and screen with a combination of landscaping, neighboring buildings, or the use of decorative screen walls, or in a manner acceptable to the zoning administrator or approving authority.
D. Landscaping and Screening. In addition to complying with the following standards, major automobile/vehicle service and repair uses shall meet landscaping standards in Chapter 18.90 MCC. All vehicular use areas that are adjacent to the public right-of-way shall provide a screening feature around the perimeter of the lot adjacent to the public right-of-way.
1. Screening shall add to the visual diversity of the use and need not be an opaque barrier. This feature shall be at least one of the following:
a. Ornamental fencing or a solid wall that is three feet in height and an eight-foot-deep permeable surface with landscaping along the perimeter of the lot that is adjacent to a public right-of-way; or
b. A combination of permeable landscaping and ornamental fencing where the permeable surface and landscaping is the equivalent area of an eight-foot-deep average perimeter landscaping that has been otherwise configured to result in either a public space or amenity that is accessible from the public right-of-way, or a natural drainage system, such as combined swales, retention basins, detention basins, or rain gardens, to reduce storm water runoff.
2. Relation to MCC Title 17, Subdivisions. Where the requirements of this section conflict with landscaping and screening requirements of MCC Title 17, Subdivisions, the most restrictive shall govern. Where there is a conflict between a general requirement and specific requirement, the specific requirement shall apply.
E. Litter. No used or discarded automotive parts or equipment or permanently disabled, junked, unregistered, or wrecked vehicles may be stored outside of the main building. Parts or equipment may be temporarily stored outdoors for no longer than one week but must be screened from view.
F. Noise. All body and fender work or similar noise-generating activity shall be enclosed in a masonry or similar building with sound-attenuating measures incorporated into the building design and construction to absorb noise. Bay openings shall be oriented so as to minimize the effects of sound emanating from the auto repair building towards residential uses, outdoor restaurant seating, and outdoor reception areas. Compressors shall be located within separately enclosed, sound-attenuated rooms. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.05; Ord. 14-12 § 1.]
Automobile/vehicle service stations and washing shall be located, developed, and operated in compliance with the following standards:
A. Location. Automobile/vehicle service stations and washing are only allowed on sites with at least one frontage on an arterial street.
B. Setbacks. No building or structure shall be located within 25 feet, or as provided by MCC Title 17, Subdivisions, whichever is greater, of any interior lot line abutting a residential or mixed use district.
C. Drive-Up Aisles. Vehicle lanes for car wash operations shall be screened from public streets to a height of three and one-half feet in front or street side areas. Screening devices shall consist of walls and/or berms with supplemental plant materials.
D. Street-Facing Walls. Street-facing walls, including car wash tunnels, over 75 feet long shall include breaks in the building plane, projections, recesses, and trim to provide architectural articulation and modulate building mass to enhance the streetscape.
E. Landscaping and Screening. In addition to complying with the following standards, automobile/vehicle service stations and washing uses shall meet landscaping standards in Chapter 18.90 MCC:
1. Additional screening and landscaping may be required where necessary to obscure view of automatic car washing equipment and prevent visual impacts on adjacent properties.
2. Relation to MCC Title 17, Subdivisions. Where the requirements of this section conflict with landscaping and screening requirements of MCC Title 17, Subdivisions, the most restrictive shall govern. Where there is a conflict between a general requirement and specific requirement, the specific requirement shall apply.
F. Litter. One trash receptacle per wash bay is required.
G. Outside Storage. No outdoor storage is allowed. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.06; Ord. 14-12 § 1.]
Community assembly facilities shall be located, developed, and operated in compliance with the following standards:
A. Access. Community assembly facilities shall take primary access from a public street with a minimum of 50 feet in width and improved with curbs, gutters, sidewalks, and street lights.
B. Buffer. In all districts except industrial districts, a minimum of 25 feet perimeter buffer shall be included where interior lot lines abut a residential district. Industrial districts shall have a 40-foot buffer. This buffer area may be used for parking and landscaping but shall not be used for structures or outside activities.
C. Outdoor Play Areas. Outdoor play areas shall be at least 25 feet from any residential district and shall not be located adjacent to an arterial street or industrial use. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.07; Ord. 14-12 § 1.]
Day care facilities shall be either operated as the principal (primary) use or the in-home (accessory) use. Day care facilities are not to be confused for residential and group care homes, which are regulated separately.
A. Day care facilities shall be located, developed, and operated in compliance with the following standards:
1. Structures. Day care facilities shall conform to all development standards of the zoning district in which they are located unless otherwise provided in this section. They must be in a stand-alone facility and cannot be co-located in a single-family residence.
a. Hours of Operation in RS Single-Family District. When the site is located within a residential single-family district, day care facilities shall operate only Monday through Friday. No outdoor play is allowed before 7:00 a.m. or after 8:00 p.m.
b. Pick-Up and Drop-Off. A plan and schedule for the pick-up and drop-off of children or clients shall be provided prior to approval. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion, and it shall demonstrate that the plan for pick-up and drop-off of children or clients does not require passing through traffic.
c. Outdoor Play Areas. Outdoor play areas shall not be located along major arteries or adjacent to industrial uses.
d. Screening of Outdoor Play Areas. Outdoor play areas shall have a screening feature around the perimeter adjacent to the public right-of-way, outside of the minimum front and street side setbacks. Screening shall add to the visual diversity of the use and need not be an opaque barrier.
e. State and Other Licensing. All day care facilities shall be state licensed and operated according to A.R.S. Title 36, Chapter 7.1 et seq. and all other applicable regulations.
f. Concentration of Uses. No more than one day care facility shall be permitted within 500 feet of the lot line of another existing day care facility.
B. In-home day care facilities shall be managed in accordance with the following good neighbor policies:
1. The family day care use shall be incidental to the principal use of the dwelling unit for residential purposes.
2. All outdoor play areas shall be screened and enclosed by a six-foot-high solid masonry fence with solid, self-closing and self-latching gates.
3. The minimum separation between family day care uses on the same street shall be 500 feet, measured from the lot lines.
4. Existing garages, carport structures, or driveways shall not be expanded, modified, displaced or otherwise altered for the purposes of accommodating the family day care use.
5. No sign visible from a street, except for approved live/work units in the MU Districts shall be publicly displayed relating to the home occupation or products thereof.
6. State and Other Licensing. All day care facilities shall be state licensed and operated according to A.R.S. Title 36, Chapter 7.1 et seq. and all other applicable regulations. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.08; Ord. 14-12 § 1.]
Drive-in and drive-through facilities, including fast-food facilities, shall be located, developed, and operated in compliance with the following standards:
A. General. Drive-through facilities shall provide safe, unimpeded movement of vehicles at street access points, in travel aisles, and parking areas. Drive-through aisles shall be a minimum of 12 feet in width and 20 feet in length, or as otherwise required by Table 18.120.090.D. Drive-through aisles shall have a minimum interior turning radius of 15 feet and an exterior turning radius of 30 feet.
B. Screening. Drive-through aisles shall be screened from view from public and private streets, areas accessible to the general public, and areas shown for residential use in the general plan by:
1. A decorative masonry fence a minimum of three and one-half feet in height measured from the grade of the aisle; or
2. A continuous landscape planter a minimum of six feet in width; or
3. A combination of a masonry fence and landscape planter.
C. Landscaping. When applicable, in addition to complying with the following standards, drive-in and drive-through facilities shall meet landscaping standards in Chapter 18.90 MCC.
D. Stacking. Vehicular stacking areas shall be provided in accordance with Table 18.120.090.D, Drive-Through Facility Stacking Space Requirements.
Table 18.120.090.D Drive-Through Facility Stacking Space Requirements
Use Classification | Stacking Space Requirement |
|---|---|
Banks and Financial Institutions | 5 spaces per teller or ATM drive-through |
Eating and Drinking Establishments | |
Restaurants | |
Restaurants, Limited Service | 4 spaces |
Retail Sales, General | |
Dry Cleaning | 2 spaces per window |
Pharmacy | 2 spaces per aisle |
Photo Drop | 1 space per window |
Automobile/Vehicle Equipment Sales and Services | |
Automobile/Vehicle Washing, Automated or Self-Service | 4 spaces per bay |
Automobile/Vehicle Washing, Full Service | 8 spaces minimum |
Service Station | 1 space on each end of each side of each fuel pump island (one-way facilities require 2 spaces on approach end of each island). |
Fueling Facility, Alternative | 1 space on each end of each side of each fuel pump island (one-way facilities require 2 spaces on approach end of each island). |
Automobile/Vehicle Repair, Major | 1 space per service bay |
Automobile/Vehicle Repair, Minor | 1 space per service bay |
1Drive-through restaurants’ stacking shall be calculated beginning from call box.
E. Eating and drinking establishments providing a designated take-out counter or window shall identify one or more parking spaces adjacent to the take-out entrance for exclusive use by take-out customers.
F. Site and Building Design.
1. If the proposed building is located within 50 feet of the public street, locate the main entrance door directly off (oriented towards) the public sidewalk or provide clear and direct access from the public sidewalk to the main entrance or secondary entrance.
2. Walls along the street face and visible from the street shall be transparent with windows, doors and other forms of transparent building materials to maximize views in and out of the building and the relationship between interior and exterior to support and animate the public street and sidewalk.
3. Drive-through elements shall be placed to the side or rear of the building. Orient the drive-through window away from the street frontage and provide adequate screen measures through landscaping and design to minimize visibility of drive-through.
4. The architecture of drive-through uses shall be compatible and harmonious with that of the shopping center motif or immediate neighborhood, in terms of building color, materials, mass, scale, and form.
G. Menu and Preview Boards. All menu and preview boards are signage and are subject to the sign regulations in Chapter 18.115 MCC.
H. Pedestrian Walkways. Interior pedestrian walkways shall not intersect vehicle aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.
I. Litter. Trash receptacles shall be provided at the exit of the drive-through facility. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.09; Ord. 14-12 § 1.]
Eating and drinking uses shall be developed and operated in accordance with the following good neighbor policies:
A. The safety and cleanliness of the establishment and its adjacent area(s) shall be maintained.
B. Proper and adequate storage and disposal of debris and garbage shall be provided.
C. Noise and odors shall be contained within immediate area of the establishment so as not to be a nuisance to neighbors.
D. The establishment shall pick up and dispose of any discarded beverage containers and other trash left by patrons within a 100-foot radius from the facility periodically during regular hours of operation. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.10; Ord. 14-12 § 1.]
Repealed by Res. 21-09. [Ord. 21-05 § 2.]
Home occupations shall be operated in compliance with the following standards:
A. Residential Character Maintained. No dwelling or accessory buildings shall be built, altered, finished, or decorated externally for the purposes of conducting the home occupation in such a manner as to cause the structure to be reasonably recognized as a place where a home occupation is conducted.
B. Permitted Uses. Home occupations require a zoning permit and are limited to the following uses:
1. Professional offices;
2. Offices for personal services, such as janitorial, garden, or offices services;
3. Dressmaking, tailoring, millinery, and other home sewing work;
4. Handicrafts, such as weaving, leatherwork, and other arts and crafts;
5. Instructional classes, not exceeding five students at a time;
6. Mail order or direct sales; provided, that no direct sales to customers occur from the residence;
7. Uses that entail food handling, processing or packing of specialized minor cooking or baking; and
8. Businesses such as plumbers, electricians, contractors, pool service providers, locksmiths, minor electronics and watch repair.
C. Prohibited Uses. The following uses are not permitted as a home occupation:
1. Firearms manufacturing/storage/on-site sales;
2. Medical marijuana dispensaries or commercial cultivation or medical marijuana infusion;
3. The repair, reconditioning, servicing or manufacture of any internal combustion or diesel engine or of any motor vehicle, including automobiles, trucks, motorcycles, and boats;
4. Drop-off, repair, fix-it, or plumbing shops; and
5. Kennels, storage, caring, or grooming of animals.
D. Maximum Floor Area Allowed. A home occupation shall not occupy more than one-quarter of the total floor area in the principal building and any accessory building on the lot.
E. Signage. No sign visible from a street, except for approved live/work units in the MU Districts, shall be publicly displayed relating to the home occupation or products thereof.
F. Limitations on On-Site Employees. No more than two persons shall be employed or work on site, excepting occupants of the dwelling who are members of the resident family. However, with approval of a conditional use permit, one additional employee may be allowed if the planning and zoning commission determines that there would be no adverse impacts on the immediately adjoining neighborhood in addition to the other required findings.
G. Merchandise. On-site display of merchandise or goods for the purposes of sale on the premises shall not be permitted. Walk-in customers and on-site sales of the merchandise or goods shall not be permitted.
H. Storage. Storage related to the home occupation must be confined to the interior of the dwelling or accessory building. No hazardous materials storage is allowed.
I. Traffic and Parking. The home occupation shall not generate more than five additional daily trips related to the business (e.g., deliveries and drop-off), on average over a work-week, nor require additional off-street parking spaces for delivery of materials or supplies to or from the premises. No garage or accessory building shall be altered or used in such a manner that would reduce the number of covered parking spaces required in the district in which it is located.
J. Nuisance. No equipment or process shall be used which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises. The home occupation shall not involve the use of power equipment on the premises using motors exceeding one horsepower combined capacity. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.12; Ord. 14-12 § 1.]
Hospitals and clinics shall be located, developed, and operated in compliance with the following standards:
A. Location. Hospitals are only allowed on sites with at least one frontage on an arterial street.
B. Minimum Frontage. One hundred feet minimum street frontage on the arterial street.
C. Landscaping and Screening. In addition to complying with the following standards, hospitals and clinics shall meet landscaping standards in Chapter 18.90 MCC:
1. Ancillary Areas. All service areas, ambulance, storage, trash storage areas, ground- or roof-mounted mechanical equipment shall be screened from ground-level view from adjacent lots and public rights-of-way.
D. Litter. One permanent, nonflammable trash receptacle shall be installed in the parking area adjacent to the entrance/exit. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.13; Ord. 14-12 § 1.]
Live/work units shall be located, developed, and operated in compliance with the following standards:
A. Locations Allowed. Live/work units are allowed in the NC, GC, and Mixed Use Districts.
B. Establishment. Live/work units may be established through new construction or through the conversion of existing residential, commercial and industrial buildings.
C. Allowable Uses. Work activities in live/work units are limited to uses that are permitted outright, or permitted subject to a conditional use permit in the district in which the live/work units are located. Live/work units may contain only residential uses, but they are not permitted to contain only work or commercial uses above the ground floor. On-site storage and sale of materials and merchandise are allowed.
D. Sale or Rental of Portions of Unit Above the Ground Level Prohibited. No portion of a live/work unit located above the ground level may be separately rented or sold as a commercial space.
E. Floor Area Distribution. An applicant shall submit a floor plan of all proposed units to the zoning administrator to show which areas are designated for work activities and which areas for living or as common areas.
F. Outdoor Living Area. Common or private on-site open space shall be provided for the use of occupants at a rate of 150 square feet per live/work unit. This space may be attached to individual units or located on the roof or adjoining the building in a yard. Some temporary outdoor storage of materials and merchandise related to the work activity, such as merchandise, is allowed during hours of operation. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.14; Ord. 14-12 § 1.]
A. Recreational Vehicle Parks, Resorts, and Subdivisions – Permitted Uses.
1. One recreational vehicle (RV) or park model home trailer on each approved lot or space. No manufactured homes or dwelling units of conventional construction shall be permitted on a lot or space for living purposes, except as specified below.
2. Recreational vehicle or park model home trailer accessory structures:
a. Aggregate floor area of all enclosed RV accessory structures shall be limited to 520 square feet, including storage rooms (attached or detached) and patio enclosures.
b. Additional requirements applying to patio enclosures:
i. Parking spaces shall not be enclosed.
ii. All roof materials shall be lightweight aluminum or other noncombustible material.
iii. A smoke alarm shall be installed in each room within a patio enclosure.
iv. Partitions may be used to accommodate laundry, bath, and toilet facilities.
v. Convenience electrical outlets and air conditioning equipment may be installed.
vi. Removal of sliding doors, windows, or other modification of the existing recreational vehicle enclosed by the patio enclosure is prohibited.
vii. Walls may consist of conventional wood framing or modular (prefabricated) construction.
viii. Glass located within 24 inches of a doorway or 18 inches of a floor must be tempered.
ix. Openings may be covered with screen mesh, plastic panels, or mineral glass. The combined surface area of openings facing the front, including doors and windows, shall account for 33 percent of the surface area of the front elevation.
x. The front wall may contain a solid knee wall not more than 32 inches above a finished floor.
xi. An open area located within the front wall shall be a minimum of 36 inches in height.
c. Additional requirements applying to storage buildings or space, attached or detached, subject to:
i. A maximum area of 120 square feet;
ii. A maximum height of 10 feet above grade when detached or 10 feet above finished floor when attached; and
iii. Location within the buildable area unless placed in the rear quarter of the space or lot and separated from the recreational vehicle by at least six feet.
3. Manager’s office, clubhouse and residence, which may be of conventional construction and not to exceed a maximum height of 25 feet.
4. Recreation and social centers, which may be used for dancing, crafts, hobbies, games, child care, meetings, banquets, theatrical performances, movie viewing, and similar entertainment uses which are intended and used primarily as a resident amenity. Such facility may be of conventional construction and not exceed a maximum height of 25 feet.
5. Outdoor recreation facilities such as parks, swimming pools, ramadas, playground equipment, shuffleboard and tennis courts, putting greens, and similar recreational uses intended for use by the residents of the park or subdivision.
6. Common-use laundry facilities, maintenance buildings, and security guard houses, which may be of conventional construction.
7. Designated areas for boat and recreational vehicle storage which are used solely by the residents of the park or subdivision.
8. Recreation center parking lots and guest parking areas.
9. Manufactured homes, mobile homes, or modular homes may be placed on designated recreational vehicle lots or spaces subject to approval of an administrative use permit.
B. Residential Manufactured Home Parks and Subdivisions – Permitted Uses.
1. One manufactured home, mobile home, or modular home on each approved space. No dwelling units of conventional construction shall be permitted on any space for living purposes, except as specified below.
2. Manufactured home, mobile home, or modular home accessory structures.
3. Storage buildings, attached or detached, subject to:
a. A maximum area of 150 square feet;
b. A maximum height of 10 feet;
c. Location within the buildable area unless placed in the rear quarter of the space or lot and separated from the recreational vehicle by at least six feet.
4. Manager’s office and residence, which may be of conventional construction and not to exceed a maximum height of 25 feet.
5. Recreation and social centers, which may be used for dancing, crafts, hobbies, games, child care, meetings, banquets, theatrical performances, movie viewing, and similar entertainment uses which are intended and used primarily as a resident amenity. Such facility may be of conventional construction and not to exceed a maximum height of 25 feet.
6. Outdoor recreation facilities such as parks, swimming pools, ramadas, playground equipment, shuffleboard and tennis courts, putting greens, and similar recreational uses intended for use by the residents of the park.
7. Common-use laundry facilities, maintenance buildings, and security guard houses, which may be of conventional construction.
8. Designated areas for boat and recreational vehicle storage which are used solely by the residents of the park.
9. Recreation center parking lots and guest parking areas.
C. Development Requirements.
1. A minimum of five percent of the required recreational area shall be enclosed within a recreation hall or building. Public or private streets, vehicle storage areas, and exterior boundary landscaping areas shall not be included when calculating required recreational area.
2. A six-foot-high screen wall shall be required along all park and subdivision boundaries. Such wall shall be placed on the interior side of the required landscape strip.
3. Access to lots or spaces shall be from the interior of the park or subdivision.
4. Private streets shall be paved to a minimum width of 32 feet including required sidewalks when flush with the surface of the paving.
5. Concrete sidewalks at least three feet in width shall be provided on each side of interior private streets.
6. Required parking spaces shall be paved with either two inches of asphalt or four inches of concrete.
D. Temporary Parking.
1. Manufactured homes, mobile homes, modular homes, recreational vehicles, and park model home trailers shall not be parked, stored, or occupied on any property which is not part of an approved manufactured home or recreational vehicle park, subdivision, sales, or storage lot or approved under this section.
2. Temporary parking of a manufactured home, mobile home, modular home, park model home trailer, or recreational vehicle is subject to the following regulations:
a. Emergency parking of a manufactured home, mobile home, modular home, park model home trailer, or recreational vehicle for a period of no longer than eight hours is permitted on any public thoroughfare subject to the provisions of the parking and traffic regulations of the city.
b. The temporary parking of a recreational vehicle or park model home trailer on a public street in a residential area for the purposes of loading, unloading, or cleaning for a period of time not to exceed 48 hours shall also be permitted subject to the parking and traffic regulations of the city and provided the vehicle is not parked so as to create a traffic hazard or obstruct traffic visibility.
c. On-site parking or storage of a recreational vehicle or park model home trailer is permitted in accordance with the following, provided such recreational vehicle is not used for living quarters or commercial purposes:
i. Within an enclosed accessory building or garage in all zoning districts.
ii. Where outdoor storage is otherwise allowed in the commercial and industrial districts. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.15; Ord. 14-12 § 1.]
Qualifying marijuana facilities shall be located, developed, and operated in compliance with the following standards:
A. Compliance with Law. All qualifying marijuana facilities shall conform with the Arizona Qualifying Marijuana Act, A.R.S. §§ 36-2801 through 36-2819, and any applicable Maricopa City Code.
B. Allowable Zones. GC (dispensaries only, no cultivation), LI and GI (infusion and cultivation facilities).
C. Location.
1. Qualifying marijuana facilities shall be a minimum distance from the uses set forth in the following table, including marijuana qualifying facilities located in neighboring jurisdictions. Measurements shall be made in a straight line in any direction from the exterior wall of the qualifying marijuana facility to the exterior wall of the protected use. If a manmade or natural barrier separates the uses but is within the separation requirement, then an exception can be made at the discretion of the zoning sdministrator.
Table 18.120.160 Marijuana Qualifying Facilities
Use or Use Classification | Separation Requirement (feet) |
|---|---|
Another Marijuana Qualifying Facility | 1,500 feet |
Public/Private/Charter School | 1,500 feet |
Public or Private Park | 500 feet |
Religious Facilities | 500 feet |
Civic Facilities | 500 feet |
Day Care Center | 500 feet |
Group and Residential Care Home | 500 feet |
Residential District Boundary | 250 feet |
D. Alcohol. No alcohol can be sold or distributed on the premises for on- or off-site consumption.
E. Hours of Operation. Hours of operation shall be limited to the time period between 8:00 a.m. and 10:00 p.m.
F. Minors. Any minor who is allowed by law to enter a qualifying marijuana facility shall be supervised by an adult.
G. No Drive-Through Facilities. No drive-through facilities are permitted.
H. Odor Control. Qualifying marijuana facilities shall not emit dust, fumes, vapors, or odors into the environment and business shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of the city.
I. Consumption. No marijuana consumption may occur on the same premises as a dispensary.
J. Security Plan Required. The applicant shall furnish to the licensing office, for review and approval by the police department, a security plan containing the following information:
1. Plan of operation, program plan and hours;
2. Site/building information;
3. Safety conditions;
4. Patron parking, ingress and egress, vehicular and pedestrian traffic control;
5. Staffing and operations;
6. Conditions of plan;
7. On-site contact person/manager;
8. Any and all responsible parties for business operations;
9. Employee background checks excluding violent felons;
10. Floor plan and evacuation routes; and
11. Any other reasonable information the police department deems necessary for review and approval of the security plan.
K. Dispensary.
1. Size. The maximum size for a qualifying marijuana facility dispensary is 5,000 square feet. Storage cannot be larger than 500 square feet.
2. Cultivation. No marijuana cultivation may occur on the same premises as a dispensary.
3. Signage. Signage shall be limited to one wall sign not to exceed 10 square feet in area, and one identifying sign not to exceed two square feet in area. Signs shall not be directly illuminated.
4. Disposal of Products. The dispensary shall provide for proper disposal of marijuana remnants of by-products, and which are not to be placed within the facility’s exterior refuse containers.
L. Cultivation.
1. Size. The maximum size for a qualifying marijuana cultivation facility is 5,000 square feet. Storage cannot be larger than 1,000 square feet.
2. Amount. Authorized patients may grow up to 12 marijuana plants.
3. Enclosed Locked Facility. All marijuana plants must be cultivated in a permanent, enclosed, locked facility, which is a closet, room, greenhouse or other enclosed area equipped with locks or other security devices that permit access only by a cardholder. It may not be located in a trailer, cargo container, or motor vehicle.
4. Sales. Customer sales are prohibited.
M. Abandonment. If a qualifying marijuana facility closes for a duration longer than 12 months or if its license is revoked, the use will be considered abandoned and any authorization for the use on the lot shall be null and void. [Res. 23-18; Ord. 23-22 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.16; Ord. 14-12 § 1.]
Mobile merchants shall be located, developed, and operated in compliance with the following standards:
A. Compliance with State Licensing Requirements.
1. It shall be unlawful for any person to operate a mobile food unit or act as a mobile food vendor without having first obtained a valid license from Pinal County Department of Health Services pursuant to A.R.S. § 36-1761.
B. Permit Requirements.
1. It shall be unlawful for a person to operate a mobile sales unit at any location within the city without obtaining a zoning permit in accordance with city permit requirements. The mobile merchant shall comply with the requirements of this title.
2. A permit issued pursuant to this title, including a renewal of a permit, is valid from the date of issuance if the mobile merchant is in compliance with this title. The permit is nontransferable.
C. Operation Requirements.
1. Fire Safety and Inspection. A mobile merchant must ensure that all mobile sales units comply with the version of the International Fire Code in effect at the time when the permit is issued, state law, and the city code relating to fire and explosion safety standards.
2. It is unlawful for any person to operate a mobile sales unit that does not meet the requirements in this section.
3. A mobile sales unit(s) shall be inspected by the city’s fire division, or the mobile merchant shall provide evidence that the mobile sales unit passed a fire inspection by another city or town fire department in this state within the preceding 12 months.
4. Provide a minimum of one 15-gallon trash receptacle within 15 feet of each individual mobile sales unit for customers and employees.
5. Transport the trash from the area of operation to an authorized waste disposal location.
6. A mobile sales unit shall have adequate lighting to ensure customer safety in the vending area. Lighting shall be directed downward and away from rights-of-way and adjacent properties.
D. Insurance.
1. If the mobile food unit operates at an event sponsored by the city or operates on public property, including rights-of-way or property owned by the city, the mobile merchant shall obtain insurance naming the city as an additional insured in amounts as required by the city and in accordance with the requirements of A.R.S. Title 9, Chapter 4, Article 7.2.
2. The insurance company issuing the policy shall be authorized to issue commercial liability policies in Arizona by the Arizona Department of Insurance.
3. The policy shall designate by manufacturer’s serial or identification number all mobile sales units for which coverage is granted.
4. The policy shall insure the person named in the policy and any other person using the mobile merchant with the express or implied permission of the named insured against any liability arising out of the ownership, maintenance or use of the mobile sales unit in Arizona.
5. No sales of food items in glass containers shall be permitted.
6. No vendor shall ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within city limits.
7. One A-frame sign shall be allowed within 10 feet of the mobile food vendor. Refer to city sign regulations for size limitations in Chapter 18.115 MCC.
E. Location. A mobile merchant shall operate a mobile sales unit only in commercial zoning districts in accordance with the city zoning code and subject to the following limitations and conditions:
1. Residential Area. A mobile food vendor shall not operate in an area zoned for residential use or within 250 feet of an area zoned for residential use, except:
a. A mobile food vendor selling only ice cream may operate on public rights-of-way in areas zoned for residential use; or
b. Subject to applicable laws and the city code, a mobile merchant may operate on private property in a residential area if the mobile merchant or property owner obtains a special event permit through the city for a maximum of six hours within a 24-hour period on the private property.
2. City-Owned Property. A mobile merchant shall only operate in a legal parking space. If the mobile food vendor desires to operate on city property other than a legal parking space in a right-of-way, the mobile food vendor shall obtain from the city:
a. A separate licensing for use, services contract, or similar agreement, which will be entered into at the city’s sole discretion and applicable law; or
b. A special event permit or similar permission in accordance with the city code.
3. Private Property. A mobile merchant shall obtain written permission to use any private property where a mobile sales unit is operating and shall provide proof of such written permission on demand by the city.
Notwithstanding the permission of a person owning or having lawful control of private real property, a mobile sales unit shall not remain in one location on private property for longer than 96 consecutive hours, unless the city grants permission for a permitted event greater than four days. “One location” within this subsection means a location within a parcel of land and includes movements from different parked positions within the same parcel.
4. Airports/Public Transit. Mobile merchants shall not operate at any city airport or public transit facility unless the mobile merchant has entered into a separate licensing for use agreement or similar services agreement with the city, which the city will enter in its sole discretion and applicable law.
F. Parking. A mobile sales unit shall comply with this subsection and applicable law as it pertains to parking, unless parking is governed by a separate subsection in this title.
1. A mobile sales unit shall only operate in a legal parking space.
2. A mobile sales unit, including any semi-permanent structure used or associated with the mobile sales unit, may use no more than one legal parking space, unless the mobile merchant has a separate agreement with the city to use additional legal parking spaces or parking spaces on city property other than the right-of-way.
3. No mobile sales unit exceeding 24 feet may park diagonally in a diagonal parking space or park in any manner that occupies more than one diagonal parking space.
4. No mobile sales unit shall operate with the serving window facing street traffic.
5. A mobile sales unit shall not obstruct the movement of pedestrians or other vehicles using the sidewalk, street, alley, or other public right-of-way.
6. A mobile sales unit shall abide by all parking regulations, including posted time limits. If there are no other time restrictions on the use of a legal parking space, a mobile sales unit shall not occupy a legal parking space for more than six hours in a 24-hour period. “Occupy” within this subsection means within 100 feet of the place in which the mobile sales unit was initially parked.
7. A mobile food unit shall not occupy a legal parking space with insufficient parking capacity as prescribed by the city zoning code and applicable law, and includes occupying a legal parking space that reduces the number of available parking spaces surrounding the area which is required for the principal use or uses of the property associated with the parking spaces as set forth in A.R.S. Title 9, Chapter 4, Article 7.2.
8. A mobile merchant shall not claim or attempt to establish any exclusive right to park at a particular street location, unless the parking space is part of a permitted event. [Ord. 24-01 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.17; Ord. 14-12 § 1.]
Off-track betting establishments shall be an accessory use located, developed, and operated in compliance with the following standards:
A. License. An off-track betting establishment shall be required to have a valid business license from the city and state which must be renewed annually.
B. Location. An off-track betting license will not be granted unless located a minimum of 1,000 feet from any other such establishment, any public park, and any elementary or secondary educational facility. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.18; Ord. 14-12 § 1.]
Outdoor dining and seating shall be designed, located, and operated consistent with the following standards:
A. Purpose. The purpose of this section is to permit outdoor dining and seating that enhance the pedestrian ambience of the city and ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the general plan.
B. Applicability. The provisions of this section shall apply to all new sidewalk cafes and to all existing sidewalk cafes at such a time as the outdoor dining and seating is expanded or enlarged.
C. Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same parcel, a contiguous adjacent parcel, or on public right-of-way immediately adjacent to the tenant space.
D. License Agreement. A license agreement for outdoor dining and seating on the public right-of-way shall be approved in a form required by the city.
E. Barriers. If barriers are provided, they shall be in the manner required by the city.
F. Enclosure. Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but there shall be no permanent roof or shelter over the outdoor dining and seating area. Awnings shall be adequately secured and retractable, and shall comply with the building code adopted by the city and any applicable design guidelines.
G. Fixtures. The furnishings of the interior of the outdoor dining and seating shall consist only of movable tables, chairs and umbrellas. Lighting fixtures may be permanently affixed onto the exterior front of the principal building.
H. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the sidewalk cafe on the public sidewalk or right-of-way. Outdoor dining and seating shall remain clear of litter at all times.
I. Hours of Operation. The hours of operation of the outdoor dining and seating shall be limited to the hours of operation of the associated restaurant or other eating and drinking establishment.
J. Parking. Where outdoor dining and seating occupy less than 200 square feet of area, additional parking spaces for the associated eating and drinking establishment shall not be required. Parking shall be provided according to the required ratio in Chapter 18.105 MCC, On-Site Parking and Loading, for any area exceeding 200 square feet dedicated to outdoor dining. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.19; Ord. 14-12 § 1.]
A noninstitutional banking establishment (a.k.a. nonchartered financial institutions), other than a state or federally chartered bank, credit union, mortgage lender, or savings and loan association, must meet the following standards:
A. License. A noninstitutional banking establishment shall be required to have a valid business license from the state which must be renewed annually.
B. Conditional Use Required. A noninstitutional banking establishment must obtain a conditional use permit from the planning and zoning commission.
C. Location. Minimum 1,000 lineal feet from another noninstitutional bank location, pawn shop, tobacco paraphernalia sales, off-track betting establishment, and tattoo or body modification parlor. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.20; Ord. 14-12 § 1.]
Personal services and restricted personal services shall be located, developed, and operated in compliance with the following standards:
A. Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise specified.
B. Massage and Massage Services.
1. Location. Massage and massage service uses shall be located a minimum of 1,000 feet from any other such establishment or smoke shop, hookah lounge, check-cashing facility, off-track betting establishment, any public park, and any elementary or secondary educational facility.
C. Tattoo or Body Modification Parlor.
1. Location. Tattoo and body modification parlors shall be located a minimum of 1,000 feet from any other such establishment or smoke shop, hookah lounge, check-cashing facility, off-track betting establishment, any public park, and any elementary or secondary educational facility.
2. Registration Required. Any person who is engaged in the business of tattooing or body modification shall provide evidence of registration with the Pinal County public health department and city codes.
3. No Persons Under 18. A sign shall be posted on the door or in view of the entrance stating that no person under the age of 18 is allowed on site, unless accompanied by a parent or legal guardian. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.21; Ord. 14-12 § 1.]
Personal storage facilities shall be located, developed, and operated in compliance with the following standards:
A. Business Activity. All personal storage facilities shall be limited to inactive items. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units.
B. No Hazardous Materials Storage. No storage of hazardous materials is permitted.
C. Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitations on the use of the storage units. These restrictions shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.
D. Open Storage. Open storage, outside an enclosed building, shall be limited to vehicles and trailers with a valid registration and screened from public view by building facades or solid fences of eight feet with view-obscuring gates.
E. Circulation. Driveway aisles shall be a minimum of 24 feet wide.
F. Exterior Wall Treatment and Design. Exterior walls visible from a public street or residential district shall be constructed of decorative block, concrete panel, stucco, or similar material. These walls shall include architectural relief through articulation, trim, change in color at the base, variations in height, the use of architectural “caps,” attractive posts, or similar measures. A gate(s) shall be decorative iron or similar materials. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.22; Ord. 14-12 § 1.]
Recycling facilities shall be located, developed, and operated in compliance with the following standards:
A. Reverse Vending Machines.
1. Accessory Use. Reverse vending machines may be installed as an accessory use to a permitted or conditionally permitted primary use on the same site.
2. Location. Machines shall be located adjacent to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation.
3. Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
4. Signs. The maximum sign area on a machine is four square feet, exclusive of operating instructions.
5. Lighting. Machines shall be illuminated to ensure comfortable and safe operation between dawn and dusk.
6. Trash Receptacle. Machines shall provide a 40-gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine.
B. Recycling Collection Facilities.
1. Size. Recycling collection facilities that are not part of a recycling processing facility shall not exceed a building site footprint of 1,000 square feet or include more than three parking spaces (not including space periodically needed for the removal or exchange of materials or containers).
2. Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.
3. Location. Facilities shall not be located within 50 feet of a residential district.
4. Setback. Facilities shall be set back at least 10 feet from any street lot line and not obstruct pedestrian or vehicular circulation.
5. Containers. Containers shall be constructed of durable waterproof and rustproof material(s) and secured from unauthorized removal of material. Capacity shall be sufficient to accommodate materials collected in the collection schedule.
6. Identification. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator and the hours of operation.
7. Signs. The maximum sign area shall be 20 percent of the area of the side of facility or container or 16 square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. The zoning administrator may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes but not for outdoor advertising.
8. Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows available capacity during recycling facility operation.
9. Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials. Noise and odors shall be contained within the immediate area of the establishment so as not to be a nuisance to neighbors.
C. Recycling Processing Facility.
1. Location. Facilities shall not abut a residential district.
2. Screening. The facility must be screened from public rights-of-way by solid masonry walls or located within an enclosed structure.
3. Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.
4. Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.
5. Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials. Noise and odors shall be contained within immediate area of the establishment so as not to be a nuisance to neighbors. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.23; Ord. 14-12 § 1.]
Group homes are permitted in all single-family districts subject to the requirements provided herein. The purpose of these regulations is to permit minors, disabled, handicapped or elderly persons to reside together in single-family residential neighborhoods in compliance with the Fair Housing Act, while preserving the residential character of the neighborhood.
A. Registration. Group homes with seven to 10 residents shall submit a completed zoning permit application and required supplemental materials to the planning division on a form established by the zoning administrator. For group homes with seven to 10 residents that are licensed by the state, county or other governmental authority, a tentative zoning permit may be issued upon verifying the application complies with the standards below. Said group homes shall be considered to be registered with the city at the time they receive a tentative zoning permit. In all cases, permits for group homes shall terminate when the group home use ceases.
B. Standards. Group homes shall be located, developed, and operated in compliance with the following standards:
1. Occupancy. The number of residents, excluding staff, shall not exceed:
a. One to six residents: No zoning permit required.
b. Seven to 10 residents: A zoning permit is required.
2. Separation. The minimum separation between group homes shall be 1,200 feet, as measured from the closest property lines.
3. Exterior Appearance. There shall be no sign or other exterior indication of a group home visible from a street. A minimum six-foot-high wall or fence shall be provided for purposes of screening and securing outdoor recreational areas.
4. Compliance with All Applicable Building and Fire Safety Regulations. Group homes shall comply with any and all other applicable state or local requirements including, but not limited to, the city’s building and fire codes. These requirements may require safety measures such as fire sprinklers, alarms and monitoring systems depending on such factors as the number of residents and whether the residents are capable of self-preservation.
5. Licensing. Group homes shall comply with any and all applicable state licensing requirements.
6. Parking. Any parking for the group or residential care homes shall be on site and comply with the requirements of Chapter 18.105 MCC, On-Site Parking and Loading.
7. Exclusive Use. All administrative activities, including staffing, counseling, and other visitations, shall serve only the residents of the group home.
8. Preemptions. Notwithstanding the foregoing, if the state has adopted laws or rules for the regulation of a specific type of group home, then any such state law or rule shall apply in addition to the conditions listed herein and/or shall preempt any conflicting condition listed herein.
C. Request for Accommodation. If a group home owner believes any requirement of the zoning code prevents the establishment of a group home in an economically viable manner, the owner shall submit to the zoning administrator a written request for accommodation and the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the zoning administrator to make an individualized determination of the group home’s needs, to address the city’s safety and welfare concerns, and to assure compliance with this section. The zoning administrator shall review the written request and determine:
1. Whether an accommodation should be made pursuant to the requirements of the Fair Housing Act;
2. If so, the nature of the accommodation taking into consideration the requirements of the Fair Housing Act, public safety and welfare concerns, and the residential character of the neighborhood; and
3. The accommodation shall be made only to the extent necessary to comply with the Fair Housing Act. Profitability or financial hardship of the owner/service provider of a facility shall not be considered by the zoning administrator in determining to grant a reasonable accommodation waiver. An appeal of the decision of the zoning administrator may be made regarding reasonable accommodation to the hearing officer pursuant to Chapter 18.135 MCC. [Ord. 23-35 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 18-20; Ord. 18-05 § 2; Res. 14-36 § 410.24; Ord. 14-12 § 1.]
Restricted retail uses shall be located, developed, and operated in compliance with the following standards:
A. Hours of Operation. Hours of operation shall be limited to the time period between 7:00 a.m. and 10:00 p.m.
B. Tobacco-Oriented Retailers. Application for tobacco-oriented retailers shall comply with and show the method of complying with the following standards:
1. The use shall be at least 1,000 feet from another tobacco retailer, public, private, or charter school, parks/playgrounds or licensed day care facilities, noninstitutional banking establishment, or off-track betting establishment.
2. The separation distance shall be measured in a straight line from the store footprint of the tobacco-oriented retailer use to the nearest building footprint of the other listed uses.
C. Pawn Shop.
1. Location. Pawn shops shall be located a minimum of 1,000 feet from any other such establishment or smoke shop, hookah lounge, noninstitutional banking establishment, off-track betting establishment, any public park, and any elementary or secondary educational facility.
D. Hookah Lounge.
1. Location. Hookah lounges shall be located a minimum of 1,000 feet from any other such establishment or smoke shop, hookah lounge, noninstitutional banking establishment, off-track betting establishment, any public park, and any elementary or secondary educational facility.
2. No Persons Under 18. A sign shall be posted on the door or in view of the entrance stating that no person under the age of 18 is allowed on site, unless accompanied by his or her parent or legal guardian. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.25; Ord. 14-12 § 1.]
Temporary uses require an approved temporary use permit to operate pursuant to MCC 18.150.080 unless otherwise specified in this code. Temporary uses shall be located, developed, and operated in compliance with the following standards:
A. General. A temporary use is intended to operate only for a limited period of time.
B. Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events, including arts and neighborhood and community fairs, in connection with an existing commercial use or in conjunction with an activity of a civic organization, church, lodge, public or private educational facility, or other such group or organization are permitted in accordance with the following standards:
1. Location. Carnivals, fairs, and festival events are limited to areas within commercial, mixed use, and employment districts, or on property owned by a public or private educational facility, institution, or religious facility. Corn mazes and similar activities are permitted in rural districts. Neighborhood and community fairs are permitted in rural and residential districts.
2. Time Limit. When located within or adjacent to a residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m., unless a longer time period is approved with a temporary use permit.
3. Duration. Carnivals, fairs, revivals and festival events are limited to no more than 10 consecutive days, separated by at least 30 calendar days four times a year. A more limited duration may be established in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.
4. Existing Parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than 75 percent of the minimum number of spaces required by this code (or an alternative method for parking is approved by staff), and traffic access shall be maintained.
C. Farmers Markets. Farmers markets shall be located, developed, and operated consistent with the following standards:
1. Operator. Farmers markets must be operated by one or more certified producers, a nonprofit organization, or a local government agency.
2. Vendors. At least 70 percent of vendors must be farmers, ranchers, and other businesses who sell food, plants, flowers, and added-value products such as jams and jellies.
3. Management Plan. A management plan shall be prepared and provided to the zoning administrator. The management plan shall include the following:
a. Identification of a market manager or managers, who shall be present during all hours of operation.
b. A set of operating rules addressing the governance structure of the market, the method of assigning booths and registering vendors, hours of operation, maintenance, security, refuse collection, and parking.
4. Hours of Operation. Market activities shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. Setup of market operations shall begin no earlier than 6:00 a.m., and takedown shall end no later than 8:00 p.m.
5. Waste Disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation, and shall be removed from the site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.
D. Garage Sales. A garage or yard sale may be conducted on any developed lot in a residential or rural district, subject to the following requirements. No permit is necessary to conduct a garage sale.
1. No more than four such sales may be conducted on any one lot in any one calendar year.
2. Each sale period shall be for no more than three days within a three-month duration.
3. All merchandise to be sold shall be displayed on a private lot and not within the public right-of-way. Merchandise shall be personal property of the family or families hosting the sale and shall not have been purchased for resale.
E. Model Homes. Model homes with sales offices and temporary information/sales trailers in new residential subdivisions are subject to the following requirements:
1. Time Limits. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of 12 months.
2. Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots within the subdivision it is located in and to other subdivision projects under the same ownership.
3. Return to Residential Use. Prior to the close of a sale of any of the model homes as a single-family residence, any portion used for commercial purposes will be converted to its intended residential purpose, including flagpoles.
4. Term of Use. The model home may be established and operated until completion of the sale of the lots or residences within the subdivision, or for a duration specified as a condition of the temporary use permit.
F. Swap Meets. Outdoor swap meets, antique markets, and similar multi-vendor open-air ventures are allowed in accordance with the following standards:
1. Location. Outdoor markets are limited to areas within public/semi-public, commercial, mixed use, and employment districts, or on property owned by a public or private educational facility, institution, or religious facility.
2. Time Limit. When located within or adjacent to a residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m., unless a longer time period is approved with a temporary use permit.
3. Duration. Swap meets may only operate once per month for no more than two consecutive days.
4. Existing Parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than 75 percent of the minimum number of spaces required by this code (unless an alternative method for parking is approved by city staff), and traffic access shall be maintained.
G. Temporary and Seasonal Outdoor Sales. Temporary and seasonal outdoor sales are allowed in accordance with the following standards. An approved administrative use permit is required.
1. General Requirements. Temporary outdoor sales, including but not limited to grand opening events, and other special sales events, on private property in nonresidential districts are subject to the following standards:
a. Except for seasonal sales, temporary outdoor sales are part of an existing business on the same site and are limited to a seven-day period four times a year.
b. Sales events must be conducted solely on private property and not encroach within the public right-of-way or occupy required parking, unless an alternative parking scenario is approved by staff to meet the intent. Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
2. Seasonal Sales. The annual sales of Christmas trees, fireworks, pumpkins and similar items are permitted in accordance with the following standards:
a. Time Period. Pumpkin sales are permitted from October 1st through November 7th. Christmas tree sales are permitted from November 15th through December 31st. Seasonal sales associated with other holidays are permitted up to a month preceding and one week following the holiday.
b. Goods, Signs and Temporary Structures. All trees, pumpkins, or other items for sale, as well as signs and temporary structures, shall be removed within five days after the end of sales, and the appearance of the site shall be returned to its original state.
3. Nonprofit Fundraising. Fundraising sales by a nonprofit organization for up to three days per event.
4. Long-Term Special Events and Sales. Other special events, outdoor sales, and displays that exceed seven consecutive days may be permitted in accordance with the following standards:
a. Location. Events are limited to nonresidential districts.
b. Number and Duration of Events. No more than four events at one address shall be allowed within any 12-month period unless a temporary use permit is obtained. The duration of any single event shall not exceed 30 days.
c. Existing Business. Temporary outdoor sales shall be part of an existing business on the same site.
d. Signs. Signs shall conform with the provisions of Chapter 18.115 MCC.
5. Vehicle Sales Prohibited. The parking of privately owned used automobiles in parking lots for the express purpose of offering the vehicle for sale is prohibited, unless permission is granted by the property owner and multiple cars are not offered for sale at one time. This restriction does not apply to automobile/vehicle sales and leasing uses. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.26; Ord. 14-12 § 1.]
Transitional and supportive housing facilities shall be located, developed and operated only with an approved conditional use permit and in conformance to the following standards:
A. Location – Separation from Dissimilar Uses. A minimum distance of at least 500 feet from all of the following:
1. A public or private school building with kindergarten programs or grades one through 12, and any recreational area adjacent to such school building; and
2. A church; and
3. A public park.
B. Location – Separation from Similar Uses. Transitional housing facilities shall provide a separation of at least 5,280 feet from any other transitional housing facility, and a minimum of 500 feet to another residential use.
C. Location Exception Criteria. The city council, at its discretion, may grant an exemption to the separation provisions of subsection (A) of this section if it makes all of the following findings:
1. That the location of the proposed activity will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare; and
2. That the granting of the exception will not violate the spirit and intent of this section; and
3. That compliance with this separation requirement will place an undue hardship on the owner of the facility; and
4. That all other applicable provisions of the city code will be observed.
D. Maximum Occupancy – Transitional Housing. The maximum number of residents in transitional housing facilities is limited to 30.
E. Restrictions on Related Uses. Transitional housing facilities may include any boarding house, dormitory, or multiple-unit dwelling, or other dwelling when developed, promoted, and advertised as a correctional transitional housing facility, but shall not include group homes for the handicapped, or any facility providing counseling or other services to individuals who do not reside on the premises.
F. Criteria for Review of Conditional Use Permit. The review of the conditional use permit shall include a review and determination regarding the following items:
1. The use is found to be in compliance with the general plan and other recognized development plans or policies, and will be compatible with surrounding uses; and
2. A finding that a plan of operation has been submitted, which includes, but is not limited to, acceptable evidence of compliance with all zoning, building, and fire safety regulations; and
3. A finding that a “good neighbor policy” in narrative form has been submitted, which includes, but is not limited to, descriptions of acceptable measures to ensure ongoing compatibility with adjacent uses. Such policies shall include, but are not limited to, the name and telephone number of the manager or person responsible for the operation of the facility; complaint response procedures, including investigation, remedial action, and follow-up; and litter control measures; and
4. Evidence that acceptable documentation is present demonstrating that the building or site proposed for the use is in conformance with all current city development standards, including, but not limited to, landscaping, parking, screen walls, signage, and design guidelines. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.27; Ord. 14-12 § 1.]
A. Site Operations and Management. Facilities that utilize shopping carts shall be operated in compliance with the following standards:
1. Shopping Carts. Refer to MCC Title 5. [Res. 21-09; Ord. 21-05 § 2.]
A. Permitted in Commercial and Industrial Zoning Districts Within the City of Maricopa. The drop box containers are governed by the following requirements:
1. A zoning permit shall be required prior to placement of the container(s) within the city of Maricopa.
2. Applicant shall obtain owner authorization from the property owner and provide documentation.
3. The container is permitted only as an accessory use to a primary use on the property and shall be located on a paved surface.
4. The container shall not be permitted in a location that impacts required parking, vehicular circulation, site visibility triangles, loading zones, or landscaping.
5. The container shall not be located within the minimum front and street side building yard setbacks.
6. No more than two donation containers shall be clustered together in any one location.
7. The container shall be constructed of durable material and be maintained in a safe non-blighted condition.
8. The container shall be fully screened and landscaped if visible from a public roadway.
9. The container shall be clearly marked to identify the specific items and materials requested to be left for donations. The name, telephone number, and email address of the container owner or operator shall be posted on the container.
10. A notice shall also be posted on the container that items shall not be left outside the container and that no hazardous materials may be placed inside the containers.
11. The container shall also list the name of the non-profit entity that benefits from the donated item profits.
12. The owner or operator of the container shall remove any material left in and around the container within 24 hours of receiving a written warning from the property owner or the city of Maricopa.
13. The property owner shall control the permit, not the permittee; the property owner or authorized agent may rescind their authorization for the container at any time.
14. A zoning permit may be revoked by the city of Maricopa if approval was obtained by means of fraud or misrepresentation, the use in question has ceased to exist, failure to observe the terms or conditions of the approval or the use has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance. (Refer to MCC 18.140.130 for further details).
15. Any donation/recycling drop-box (including its contents) which is determined to be unauthorized, unpermitted, or is otherwise in violation of this chapter shall be deemed a public nuisance as defined in MCC 8.20.040, Nuisances, and may be removed pursuant to those provisions. [Ord. 24-12 § 2.]
The purpose of this chapter is to establish incentives for development to support the city’s desire to create a more sustainable community. The sustainable development incentive program is designed:
A. To increase energy and water efficiency in existing and new developments;
B. To increase resource conservation;
C. To provide durable development that is efficient and economical to own, operate, and maintain; and
D. To promote sustainable development practices. [Ord. 14-12 § 1; Res. 14-36 § 411.01.]
For all development projects, this program is voluntary. [Ord. 14-12 § 1; Res. 14-36 § 411.02.]
A project must include the specific number of sustainable development features listed in Table 18.125.030 to obtain development incentive. The following table lists the specific incentives that can be granted by the zoning administrator and requirements necessary to receive each incentive. The qualifying sustainable development incentives are described in MCC 18.125.040. The award levels are cumulative. If a proposed project meets the number of requirements listed in the “Requirements” and “Additional Requirements” columns, then a project may receive the incentive in the “Development Incentive” column.
Table 18.125.030 Requirements for Development Incentives
Development Incentive | Description | Requirements | Additional Requirements |
|---|---|---|---|
Expedited Zoning Clearance/Development Review Permit | Development review permit may be expedited administratively, planning and zoning commission not required. | Development must achieve 9 out of the 17 sustainable development features. | Sustainable feature #14 required. |
Increased Building Height | A development may increase the allowable building height up to 15 feet. | Development must achieve 7 out of the 17 sustainable development features. |
|
Setback Reduction | A development may reduce the required front, rear or side yard setback/buffer up to 5 feet. | Development must achieve 5 out of the 17 sustainable development features. | Sustainable feature #11 required. |
Parking Reduction and Project Award Recognition by Development Services | A development may reduce the minimum parking requirements up to 20 percent. | Development must achieve 3 out of the 17 sustainable development features. | Parking study may be required, at developer’s sole cost and expense, as determined by the zoning administrator. |
[Ord. 14-12 § 1; Res. 14-36 § 411.03.]
The components of the sustainable development incentive program are listed below along with the specific requirement that must be met for a qualifying feature to be approved. In accordance with MCC 18.125.030, certain sustainable features must be incorporated into a development in order to be awarded with some of the development incentives available.
Table 18.125.040 Qualifying Sustainable Development Features
Category | # | Sustainable Development Features and Requirements |
|---|---|---|
Site Design | 1 | Building or development is built to LEEDTM or equivalent third-party certification standard, as approved by the city. |
2 | Development uses a roofing material with a solar reflectance index (SRI) equal to or greater to the following: • Low sloped roof – less than or equal to 2:12 – SRI value of 78 • Steep slope roof – greater than 2:12 – SRI value of 29 (Refer to U.S. Green Building Council LEED NC Credit 7.2 Heat Island Effect – Roof.) | |
3 | Development increases the on-site refuse container screening area to accommodate a six-yard container for the purpose of recycling. | |
4 | Development incorporates a parking garage structure or underground parking structure subject to MCC 18.90.050. | |
5 | Site development parking area is built to a standard of one landscape island for every four spaces. Minimum landscape island area shall be 25 square feet. | |
6 | Preferred parking for low-e vehicles: Site designates one parking stall nearest to the building for low emission vehicles. Where building floor area is equal to or greater than 5,000 square feet, at least five percent, but not less than two, of the parking spaces provided are designated as preferred parking. | |
7 | Site hardscape heat island reduction: Not less than 50 percent of site hardscape is (a) hardscape materials with an initial solar reflectance value of not less than 0.30; (b) combination of shade structures and shaded by trees; or (c) pervious paving, open-grid pavers. Reference: Section 408 of the International Green building code. | |
8 | Site development does not exceed minimum parking requirements by more than five percent. | |
Water Efficiency | 9 | Development incorporates purple piping (for reclaimed water) for irrigation of landscape areas or other nonpotable reclaimed water use. |
10 | Site development incorporates functional rainwater harvesting that irrigates at least 20 percent of the total landscape area. | |
Landscaping | 11 | Development installs and maintains live vegetation screen walls where reduced setback or buffer yard is requested in addition to the minimum required landscaping and boundary wall(s) or screen wall(s). |
12 | Development installs alternative on-site rain water runoff systems that incorporate rainwater harvesting features, pervious paving, and other similar systems. | |
13 | Development incorporates exterior landscaping/planters extending six feet from the finished grade and integrated into the structure, such as a green wall and green roof systems. | |
Energy Reduction | 14 | Site development incorporates solar parking lot lights for at least 50 percent of the proposed fixtures. |
15 | Site development incorporates roof top solar panels, with a minimum size of 2.5 kwh for each panel. | |
16 | Site development incorporates minimum 3 ft. window overhang(s) or equal architectural features to shade 100 percent of all west facing windows and 75 percent of all proposed windows, and entrance doors with glazing. | |
Innovative | 17 | Any other innovative sustainable design feature(s) found to meet the intent of this chapter, to be reviewed and accepted at the discretion of the zoning administrator. |
[Ord. 14-12 § 1; Res. 14-36 § 411.04.]
The zoning administrator shall review opportunities for a sustainable development incentive and determine whether the project includes the required number of qualifying features to justify granting the requested incentive. This review shall occur prior to granting a permit for the project. Compliance for authorization of incentive(s), schematic drawings, and other documentation may be required at the discretion of the zoning administrator for verification of the proposed sustainable development features. [Ord. 14-12 § 1; Res. 14-36 § 411.05.]
The purpose of this chapter is to establish general guidelines for the installation of wireless communications towers and antennas. The goals of this chapter are to:
A. Minimize the adverse visual effects of towers through careful design, siting, and screening, while preserving the rights of wireless telecommunications providers;
B. Encourage the location of towers in nonresidential areas;
C. Minimize the total number of towers throughout the community;
D. Strongly encourage the joint use (co-location) of new and existing tower sites as a primary option rather than construction of additional single-use towers;
E. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
F. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, screening, and innovative camouflaging techniques;
G. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; and
H. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.01.]
A. New Towers and Antennas. All new towers or antennas in the city shall be subject to these regulations.
B. Mobile and Temporary Antennas. All new mobile and temporary antennas in the city shall be subject to these regulations and require a temporary use permit. In the event an approved conditional use permit for a permanent tower or antenna does not provide for an interim mobile or temporary antenna, mobile and temporary antennas shall be reviewed and permitted by temporary use permit for a period not to exceed six months. More than one temporary use permit may be approved for the same temporary antenna.
C. Amateur Radio Towers and Antennas. This chapter shall govern the installation of any tower or antenna that is an amateur radio station operators/receive only operation, that is under the maximum building height of the zoning district in which such structure is located and which is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only operations.
D. Exceptions. The following are exempt from the provisions of this chapter:
1. Legally established preexisting towers and preexisting antennas with a valid conditional use permit shall not be required to meet the requirements of this chapter. Modifications to preexisting towers and antennas that substantially increase the physical dimensions of the tower, antenna, or equipment, as deemed by the zoning administrator or designee, are required to comply with this chapter. A substantial change to an existing wireless facility includes any increase to the existing height of a tower or antenna and/or a proposed increase in the existing mass of the antenna or appurtenances greater than 20 percent. All other preexisting towers and preexisting antennas without an approved use permit shall meet the requirements of this chapter accordingly.
2. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Additional tower units may be added within the perimeter of the AM array by right. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.02.]
A. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
B. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of all existing towers, antennas, or sites within five miles of the proposed location for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The development services department shall maintain a map and database with the above information available for public review and purchase; however, the accuracy of the information is subject to change. It shall be the responsibility of the applicant to verify and update any information provided by the city.
C. State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
D. Lighting. Towers shall not be artificially lit, unless required by the FAA or other applicable authority, or as otherwise approved by the city council. If lighting is required for ground equipment, a lighting plan shall be submitted in accordance to MCC 17.30.130.
E. Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA) and by the Telecommunications Industries Association (TIA), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards, or as otherwise specified in writing by the building official. Failure to bring such tower into compliance within said 30 days, or as otherwise specified, shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
F. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.
G. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities, unless the tower and antennas’ sole purpose is to provide government sanctioned public safety communications.
H. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the city.
I. Signs. No signs shall be allowed on an antenna, a tower, or any portion of the premises leased for wireless telecommunication use, except for a permanent, weather-proof identification sign, approximately 16 inches by 32 inches in size, must be placed on the gate of the fence or wall surrounding the facility or, if there is no fence or wall, on the facility itself. The sign must identify the facility operator(s), provide the operator’s address, and specify a 24-hour telephone number for reaching the operator or an agent authorized to provide 24/7 response to emergency situations.
J. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the following requirements:
1. Roof-mounted or facade-mounted antennas proposed on an existing building, or on a tower, pole, or other structure, shall not extend or project more than 10 feet above the existing height of the building or structure.
2. Antenna support equipment that is roof mounted shall meet the screening requirements of this chapter and code.
K. Design Standards. Antennas, antenna support structures, and related equipment shall be located, designed, and screened to integrate and complement the existing natural or built surroundings and existing supporting structures.
1. Design and Visibility. All facilities shall be designed and located to minimize their visibility to the greatest extent feasible. All wireless telecommunication facilities proposed for locations where they would be readily visible from adjacent property and public right-of-way (measured from the center of the tower location) shall incorporate appropriate techniques to disguise the facility and/or blend into the surrounding environment, to the extent feasible. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting. The city’s Design Standards for Wireless Communication Facilities provide additional standards with supporting illustrations to assist applicants in designing facilities to meet the intent of this code.
2. Screening. Antenna support equipment for stand-alone facilities shall be screened by a maximum eight-foot-high masonry wall or placed within a fully enclosed building. When placed within a fully enclosed building, the building design shall be no taller than one story or 15 feet in height with elevations designed and constructed in a manner compatible with architectural designs found in the area.
3. Freestanding Antenna(s).
a. Antenna facilities that are not camouflage or stealth shall be close mount, to the extent possible.
b. Stealth or camouflaged facilities shall not have antenna mounts that extend beyond the outside edge (array) of the materials used to provide the stealth or camouflage design.
c. At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
d. Wireless telecommunications facility support structures and antennas shall be a nonglossy color and/or exterior finish shall be painted so as to minimize visual impacts from surrounding properties.
4. Building Mounted Antenna(s).
a. If an antenna is installed on a building, the antenna and supporting electrical and mechanical equipment must be architecturally integrated in a manner that is identical to, or closely compatible with, the color of the building structure so as to make the antenna and related equipment as visually unnoticeable as possible.
5. Alternative Tower Mounted Antenna(s).
a. Antennas proposed on the exterior of a structure shall be designed in a manner to appear as an integral element of the structure.
6. Stealth Tower and Antenna(S).
a. When an alternative tower or co-location does not exist on a parcel adjacent to residential use, stealth design shall be provided. A stealth facility shall be designed and constructed to appear architecturally integrated with the surrounding built environment or the natural setting to minimize the adverse visual impact and ensure the facility is compatible with the environment in which it is located.
L. Co-Location and Multiple Antenna/Tower Plan. The city encourages tower and antenna users to submit a single application for approval of multiple towers and/or antenna sites and to submit applications which utilize co-location with an existing wireless telecommunications provider.
M. Modification of Building Size Requirements. The requirements of this chapter may be modified by the city council in the case of uses permitted by conditional use to encourage co-location.
N. Site Security. Outdoor ground equipment shall be enclosed with a maximum eight-foot-high masonry wall, shall be constructed of a block or masonry, or secured in a method as otherwise determined by the zoning administrator. All towers shall be equipped with an anti-climbing device.
O. Landscaping. The following requirements shall govern the landscaping surrounding towers; provided, however, that the city council may reduce or waive such requirements if the goals of this chapter would be better served thereby:
1. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property and commercial property or viewable from public right-of-way. The standard buffer shall consist of a landscaped strip at least eight feet wide outside the perimeter of the compound and any other areas disturbed during construction.
2. Every 20 lineal feet on center of the perimeter of the enclosure of the building shall be landscaped with drought-tolerant plants at a rate of one 24-inch box tree and 10 ten-gallon size shrubs. All landscaping shall be irrigated for a minimum period of one year. Landscaping shall be maintained throughout the life of the facility.
3. Additional landscaping may be required at the discretion of the zoning administrator as needed to effectively blend applications with the surrounding environment.
4. Existing mature plant growth and natural land forms on the site shall be preserved to the maximum extent possible.
P. Parking. A minimum of one nine-foot-by-18-foot off-street parking shall be required for the ongoing and maintenance of the facility. Parking and maneuvering areas shall be surfaced with approved all-weather access as determined by the city engineer.
Q. Noise. No permit (conditional or administrative use permit) shall be issued for any facility which generates a noise level greater than 50 decibels (dB) as measured at the edge of the property upon which such facility is sited.
R. Term. In the event a building permit is not received within two years or as otherwise stipulated, or reasonable effort is not made to receive a building permit as determined by the zoning administrator, the administrative use permit or conditional use permit shall expire. Each administrative use permit or conditional use permit issued shall be for a period of five years for freestanding tower and antenna applications, and a period of 10 years for building-mounted antennas, alternative tower-mounted antennas, and stealth tower and antennas. At the end of the above specified term, the permit shall automatically expire unless a written request for renewal is submitted by the applicant, prior to expiration, to the zoning administrator. The city shall notify the applicant in writing at least 90 days prior to the expiration date of the permit for the facility. Upon the expiration of any required permits for the facility, it shall be removed in accordance with the requirement of this chapter. If a request for renewal of the required permit(s) is received, the permit shall remain in effect until a decision on the renewal is made. The renewal request shall be reviewed in a similar manner as the original approval. The review is to ensure that the facility is still in operation; that it has been properly maintained; that the original conditions of approval have been adhered to and whether they are to remain the same or need to be modified; and to determine if new technology exists to upgrade the facility to better meet the purpose, intent, goals and provisions of this chapter. If new technology exists that will allow the redesign or relocation of the facility to better meet the purpose, intent, goals and provisions of this chapter, then the facility must be redesigned and/or relocated accordingly. Failure to comply with this requirement may be considered grounds for denial of a new permit.
S. The city may add conditions to any new permits as necessary to advance a legitimate governmental interest related to health, safety, or welfare; provided, however, that any condition shall comply with applicable FCC regulations and standards, and that reasonable advance notice thereof has been provided to all affected parties. If a permit is not renewed, the city shall give the applicant written notice thereof together with the rationale on which the city’s decision was made. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.03.]
A. General. The uses listed in this section are deemed to be permitted uses and shall require zoning clearance through a zoning permit application.
B. Permitted Uses. The following uses are specifically permitted:
1. Wireless Communication Facility. Permissible in any rural, industrial, or commercial district; provided, however, that freestanding towers or antennas shall not exceed the maximum height of the applicable zoning district, unless specifically allowed elsewhere in this code. The facility shall comply with the following:
a. Meet the minimum setback within the zoning district in which the facility is proposed; and
b. Towers and antennas shall be set back a distance equal to at least 100 percent of the height of the tower and antenna from any adjoining lot line. In industrial zoning districts, towers and antennas are allowed a maximum height of 65 feet when the tower is located greater than 400 feet from the property line of a residential use. Such requests shall provide the information required in this chapter, prior to permit issuance.
2. Towers. Amateur radio towers, antennas, and freestanding towers or antennas located in any rural, industrial, or residential zoning district shall not exceed the maximum height of the applicable zoning district and shall comply with the following:
a. Setback. Towers and antennas shall be set back a distance equal to at least 100 percent of the height of the tower or antenna from any adjoining lot line.
b. Front Yard. Amateur radio towers and antennas are prohibited in any front yard and shall not be placed in front of the front face plane of the principal building.
c. If an amateur radio tower is located within a controlled homeowners association, the applicant is encouraged to comply with the community’s conditions, covenants and restrictions (CC&Rs).
3. Limitation on Quantity of Towers by Zoning District. In all zoning districts:
a. One radio tower and/or antenna permitted per lot of record.
b. Additional towers, greater in number than prescribed above, may be permitted in any zoning district, but shall be subject to securing a conditional use permit as set forth in MCC 18.130.050.
c. Towers are prohibited in any airport clear zone or landing zone designated by the FAA. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.04.]
A. General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the city council:
1. For purposes of this section, any conditional use permit request shall require public notice pursuant to MCC 18.140.060, Public Hearing Notification.
2. If the tower or antenna does not meet the requirements of MCC 18.130.040 or does not meet the requisite dimensional requirements, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
3. Applications for conditional use permits under this chapter shall be subject to the procedures and requirements of Chapter 18.150 MCC except as specifically modified in this chapter.
4. In granting a conditional use permit, the reviewing authority may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower.
5. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by an Arizona-licensed professional engineer.
6. A conditional use permit issued under this chapter shall be conditioned upon verification by a licensed structural engineer that such tower or antenna is structurally sound, prior to final inspection.
B. Tower and Antenna Information Required. In addition to any information required for applications for a conditional use permit pursuant to Chapter 18.150 MCC, applicants for a conditional use permit for a tower or antenna shall submit the following information:
1. A scaled site plan clearly indicating the location, type, and height of the proposed tower or antenna, including:
a. On-site structures, land uses and zoning designation(s);
b. Adjacent structures, land uses and zoning within 20 feet of the property line (including when adjacent to other municipalities);
c. The setback distance between the proposed tower or antenna to all nearest building structures, residential uses, and commercial and industrial zoned properties as set forth in Table 18.130.050.E;
d. Adjacent roadways and proposed means of access; and
e. Required and proposed setbacks from property lines.
2. Color elevation drawings of the proposed wireless facility and associated structures as deemed by the city to be necessary to assess compliance with this chapter;
3. A photo simulation of the proposed tower and structures associated with the wireless facility as seen from adjacent right-of-way(s). The city may request additional simulations as necessary to determine the visual impact of the proposed facility;
4. The separation distance from other towers or antennas described in the inventory of existing sites submitted, pursuant to MCC 18.130.030, shall be shown on a site plan or map. The applicant shall also identify the type of construction of the existing tower(s) or antenna(s) and the owner/operator of the existing tower(s) or antenna(s), if known;
5. A description of compliance with MCC 18.130.030, General Requirements, and all applicable federal, state, county or local laws;
6. A notarized statement by the applicant as to whether construction of the tower or antenna will accommodate co-location of additional towers or antennas for future users;
7. An analysis explaining the reasons co-location is not feasible on existing towers, antennas, or other vertical structures in the vicinity, and describing the alternative technologies considered to provide similar services in lieu of a new tower or antenna;
8. A description of the feasible alternative location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is not erected;
9. A statement of compliance with applicable Federal Communications Commission (FCC) radio frequency (RF) exposure standards; and
10. Additional information may be required as deemed necessary to determine compliance with the goals of this chapter.
C. Factors Considered in Granting Conditional Use Permits for Towers or Antennas. In addition to any standards for consideration of conditional use permit applications pursuant to this chapter, the reviewing authority shall consider the following factors in determining whether to issue a conditional use permit, although the reviewing authority may waive or reduce the burden on the applicant of one or more of these criteria if it is determined that the goals of this chapter are better served thereby:
1. Height of the proposed tower or antenna;
2. Proximity of the tower or antenna to any residential structures and uses;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and vegetation;
6. Design of the tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
7. Proposed ingress and egress; and
8. Analysis on the availability of suitable existing towers, antennas, other structures, or alternative technologies not requiring the use of towers or antennas, as discussed in subsection (D) of this section.
D. Availability of Suitable Existing Towers, Antennas, Other Structures, or Alternative Technology. No new tower or antenna shall be permitted unless the applicant demonstrates that no existing tower, antenna, structure, or alternative technology that does not require the use of towers, antennas, or structures can accommodate the applicant’s proposed tower or antenna. An applicant shall submit information requested by the city related to the availability of suitable existing towers, antennas, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, antenna, structure, or alternative technology can accommodate the applicant’s proposed tower or antenna may consist of any one or more of the following:
1. No existing towers, antennas or structures are located within the geographic area which meets applicant’s engineering requirements;
2. Existing towers, antennas or structures are not of sufficient height to meet applicant’s engineering requirements;
3. Existing towers, antennas or structures do not have sufficient structural strength to support applicant’s proposed tower or antenna and related equipment;
4. The applicant’s proposed tower or antenna would cause electromagnetic interference with the equipment on the existing towers, antennas or structures, or the existing towers, antennas or structures would cause interference with the applicant’s proposed tower or antenna;
5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower, antenna or structure or to adapt an existing tower, antenna or structure for sharing are unreasonable. For this purpose, costs exceeding the construction of a new tower or antenna are presumed to be unreasonable;
6. The applicant demonstrates that there are other limiting factors that render existing towers, antennas and structures unsuitable;
7. The applicant demonstrates that an alternative technology that does not require the use of towers, antennas or structures, such as a cable microcell network using multiple low-powered transmitters or receivers attached to a wireless system, is unsuitable. For this purpose, costs of alternative technology that exceed new tower or antenna development shall be presumed to render the technology unsuitable; or
8. If the proposed location is in a residential district, that the location is necessary for the provision of personal wireless services to Maricopa residents and businesses, or their owners, customers, guests, or invitees, or other persons traveling in or about the city, based on substantial evidence that siting the facility outside of a residential district is infeasible and without the proposed facility, the operator will be unable to provide personal wireless services to its customers in the proposed coverage area, or unable to provide the capacity necessary to meet call and data volumes.
E. Minimum Setback, Separation and Maximum Height Requirements. The following height, setback, and separation standards shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the reviewing authority may reduce the standard setback, separation and height requirements if the goals of this chapter would be better served thereby:
1. Towers and antennas shall be set back a distance equal to at least 100 percent of the height of the tower or antenna from any adjoining lot line, excluding existing alternative tower structures; provided, however, that separation distances from residential uses shall be in accordance with Table 18.130.050.E, set forth below.
2. Accessory buildings must satisfy the minimum zoning district setback requirements set forth in this code.
3. Separation distances between towers and antennas shall be measured between the proposed tower or antenna and preexisting towers or antennas. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower or antenna and the proposed base, pursuant to a site plan, of the proposed tower or antenna. The separation distances (listed in linear feet) shall be as shown in Table 18.130.050.E, set forth below.
Table 18.130.050.E Conditional Use Permit – Setback, Separation and Maximum Height by Zoning District
Maximum Height in All Zoning Districts | Setback from Residential Uses | Separation from Other Antennas over 50 ft. Height | |
|---|---|---|---|
Freestanding | 65 ft. | 400 ft. | 600 ft. |
Alternative/Co-Location | 10 ft. above existing structure | 300 ft. | 600 ft. |
Buildings | 15 ft. above existing structure | 150 ft. | - |
Stealth | 75 ft. | 100 percent of height to property line | - |
[Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.05.]
A. Good Faith. Applicants and permittees shall cooperate and exercise good faith in co-locating wireless telecommunications facilities on the same support structures or site, if the city so requests. For the purposes of this section only, a site may accommodate more than one tower and its accompanying equipment so long as the site exceeds five acres. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing such information normally will not be considered as an excuse to the duty of good faith.
B. Third-Party Technical Review. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require the applicant to obtain a third-party technical study at the applicant’s expense. The city may review any information submitted by the applicant and permittee(s) in determining whether good faith has been exercised.
C. Exceptions. No co-location may be required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities or failure of the existing wireless telecommunications facilities to meet federal standards for emissions.
D. Violation and Penalty. Failure to comply with co-location requirements when feasible may result in denial of a permit request or revocation of an existing permit. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.06.]
Any antenna or tower that is not operated for a continuous period of 180 days shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 60 days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 60-day period shall be grounds for the city to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower for the prescribed period. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.07.]
A. Not Expansion of Nonconforming Use. Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
B. Preexisting Towers. Preexisting towers or antennas shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers or antennas. New construction other than routine maintenance on a preexisting tower or antenna shall comply with the requirements of this chapter.
C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding other provisions of this chapter, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a conditional use permit and without having to meet the separation requirements specified herein. Bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a conditional use permit and without having to meet the separation requirements specified in MCC 18.130.050. The type, height, and location of the tower or antenna on site shall be of the same type and intensity as the original facility approval; provided, however, that any destroyed lattice or guyed tower shall be replaced with a monopole structure only. Building permits to rebuild the facility shall comply with the current adopted building codes and shall be obtained within 90 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in MCC 18.130.070. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.08.]
A. Heritage District. All proposed tower and antenna conditional use permit requests for properties located within the MU-H Mixed Use – Heritage Overlay District require review and written recommendation from the zoning administrator or designee to the planning and zoning commission, prior to the initial public meeting for such request. [Ord. 24-01 § 2; Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.09.]