152 - GENERAL PROVISIONS AND EXCEPTIONS DISTRICTS38
Editor's note— Ord. No. 4538, § 39(Exh. A), adopted September 10, 2024, repealed Ch. 20.152 and enacted a new Ch. 20.152 as set out herein and as may later be amended. Former Ch. 20.152 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987; Ord. 3953, adopted 1996; Ord. No. 4225, adopted July 20, 2009; Ord. No. 4364, adopted September 13, 2016; and Ord. No. 4453, adopted December 16, 2019.
The regulations specified in this Division shall be subject to the general provisions and exceptions set out in this Chapter.
(Ord. No. 4538, § 39(Exh. A), 9-10-2024)
(A)
Measuring Distances.
(1)
Measurements Are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two (2) objects.
Figure 20.152-A—Measuring Distances Between Structures
Example of measuring the shortest distance, in this case between two buildings.
(2)
Distances Are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.
Figure 20.152-B—Measuring Setbacks Along Slopes
Setbacks and other dimensions are measured horizontally, even on sloping sites.
(3)
Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.
Figure 20.152-C—Measuring Distances from Support Structures
Setbacks are measured to the support element of the structure.
(4)
Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.
Figure 20.152-D—Measuring Vehicle Stacking and Travel Areas
Distance is measured along the centerline of a roadway or driveway.
(5)
Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.
Figure 20.152-E—Measuring Radius from Buildings or Land Use Restrictions
Example of measuring required minimum distance.
(B)
Measuring Height.
(1)
Measuring Building Height. The vertical distance from the average ground level of the building to the highest point of the roof ridge or parapet wall.
Figure 20.152-F—Measuring Height of Building on a Hillside
On a sloping site, building height is measured from the average of the high and low points on the finished grade to the top of the structure.
Figure 20.152-G—Measuring Building from Ground Level
On a flat site, the ground level is the same at all points; building height is measured from ground level to the highest point of the structure.
(2)
Measuring Height of Fences or Walls.
(a)
Fence or wall height shall be measured as the vertical distance between the finished grade at the base of the fence or wall and the top edge.
Figure 20.152-H—Measuring Fence Height
Fence height is measured to the top edge of the fence.
(b)
The height of fencing placed atop a wall shall be measured from the base of the wall, except as provided in (c), below.
(c)
The height of a fence or wall shall be measured on the side facing a public right-of-way or the lot or parcel adjacent to the lot or parcel of the person(s) erecting the fence or wall, as shown in the figure below.
Figure 20.152-I—Measuring Height From Public View
Fence or wall height is measured from the side visible to the public (in the example above, from the adjacent street) or from the side not owned by the party constructing the fence or wall.
(3)
Measuring the Height of Decks. Deck height is determined by measuring from average level of the ground below the deck to the top of the floor of the deck directly above the point measured.
Figure 20.152-J—Measuring Height of Deck
Measuring deck height. On a very flat site, A, B, and C will be the same height.
(C)
Measuring Lot Width and Depth.
(1)
Lot Width. Lot width is the horizontal distance between side lot lines measured at the front yard setback line.
Figure 20.152-K—Measuring Lot Width
(2)
Lot Depth. Lot depth is measured along a straight line down from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.
Figure 20.152-L—Measuring Lot Depth
(3)
Irregular lot configurations. In a case of irregular lot configuration, the lot width and depth shall be determined by the Director.
(D)
Determining Gross Floor Area of Structures. The gross floor area of a building is the gross horizontal areas of all floors, including usable attics, basements, hallways, closets, etc., below the roof and within the exterior surfaces of surrounding exterior walls of a building, excluding enclosed, unconditioned porches.
(E)
Lot Lines. Rules used to determine front, rear, and side lot lines are provided in the Chapter 20.008 Definitions.
(F)
Determining Setbacks (Yards). A setback line defining a required yard is parallel to and at the specified distance from the corresponding front, side, or rear property line.
Figure 20.152-M—Measuring Setbacks on a Parcel with Straight Frontage
Figure 20.152-N—Measuring Setbacks on a Parcels with Curved Frontage
(Ord. No. 4538, § 39(Exh. A), 9-10-2024)
(A)
No yard or other open space provided about any building for the purpose of complying with the regulations of this Division shall be considered as providing a yard or open space for any other building or structure.
(B)
In any case where a setback line plan line has been established, the required yards on the street frontage of lots shall be measured in accordance with such lines, and in no case shall the provisions of this Division be construed as permitting any structure to extend beyond such lines.
(C)
If a roadway easement or access easement serves, or has the potential to serve, more than four (4) lots or parcels, said easement shall be considered a street for the purpose of establishing a front-yard setback.
(D)
Eaves, canopies, and similar roof features may overhang into any required yard setback a distance not exceeding two (2) feet.
(E)
Private swimming pools and hot tubs are not subject to setback requirements in the side or rear yards of any zoning district.
(F)
A detached garage, detached storage shed, or similar detached accessory building not exceeding fifteen (15) feet in height at the ridge and five hundred (500) square feet of floor area shall observe a four (4) foot setback from rear property lines that do not have street frontage. Setbacks from property lines having street frontage shall be as otherwise required by this Division.
(G)
Uncovered decks or porches shall observe a four (4) foot setback from rear property lines that do not have street frontage. Setbacks from property lines having street frontage shall be as otherwise required by this Division.
(H)
Barns, stables, chicken houses and similar accessory buildings that contain animals are subject to the following setbacks:
(1)
For parcels greater than forty thousand (40,000) square feet in size, such buildings shall be not less than fifty (50) feet from any property line, and not less than forty (40) feet from any dwelling.
(2)
For parcels less than forty thousand (40,000) square feet in size, such buildings shall be located on the rear one-third of the lot, not less than four (4) feet from the side or rear property line, and not less than forty (40) feet from any dwelling.
(I)
In the case of a corner lot in any district, front yard setbacks shall be maintained from all lot lines having street frontage. Side yard setbacks shall be maintained from all other lot lines not having street frontage.
(J)
Animal Sales and Services—Veterinary (all types) as described in sections 20.024.020(F) and (G) must maintain a minimum fifty (50) foot setback from the nearest property line to all indoor treatment areas and a minimum one-hundred-foot setback from the nearest property line for outdoor treatment or confinement areas.
(Ord. No. 4538, § 39(Exh. A), 9-10-2024)
(A)
Fence and Screening Height Limits and Locations.
(1)
View-obscuring fences, such as board and picket fences, or hedges are subject to the height limits and locations as shown in Table 20.152-A and Figure 20.152-O, below. See section 20.152.010(B)(2) for how to measure the height of a fence.
1. Fences over seven (7) feet require a building permit.
Figure 20.152-O—Measuring Setbacks for Fence Heights
(2)
Non-view-obscuring fences, such as fences for containment of animals, chicken wire, hog wire, and similar loose-meshed wire fences that allow ninety (90) percent of light to pass through them are not subject to any height or location restrictions.
(B)
Retaining Walls. An embankment to be retained that is over six (6) feet in height shall be benched so that no individual retaining wall exceeds a height of forty-eight (48) inches above the finished grade and each wall has a bench at least equal to the height of the wall.
Figure 20.[152]-P—Retaining Wall Step Design Illustration
Retaining walls more than 6 feet high shall be stepped as shown above.
(C)
Temporary Fencing. Temporary fencing may be required as part of approval of an Administrative Permit, Use Permit, Variance, or Subdivision where necessary to protect trees or other sensitive features and the general public from construction activities during site preparation and construction. Temporary fencing shall be removed within ninety (90) days after construction has been completed.
(D)
Temporary Security Fencing. Temporary security fencing may be installed around the property lines of vacant property with approval from the Director. The maximum height of the fencing allowed shall be determined at the sole discretion of the Director, but it no case shall be greater than eight (8) feet in height. Temporary security fencing shall be removed upon the issuance of a permit or entitlement to allow development of the property.
(E)
Razor/Concertina Wire. Razor/Concertina wire is prohibited, whether individually or in conjunction with a fence or wall, unless approved through an Administrative Permit pursuant to Chapter 20.192 for security needs (i.e., an industrial user) or where required by County, State, or Federal Law or Regulation.
(Ord. No. 4538, § 39(Exh. A), 9-10-2024)
(A)
Height limitations shall not apply to electric transmission lines and towers.
(B)
A Variance pursuant to Chapter 20.200 is not required for the following Height Exceptions:
(1)
Radio and television aerials and antennae, and similar utility structures and necessary mechanical appurtenances for private reception, may be built and used to a height not more than twenty-five (25) feet above the height limit established for the district in which the structures are located, provided, however, that no such structure in excess of the allowable building height shall be used for any commercial or advertising purposes or any communication transmissions.
(2)
Wind generators (including windmills used for agricultural uses) and their associated towers may be built and used to a height of one hundred (100) feet as measured from the ground to the highest point of the system.
(3)
Asphalt silos, and other mineral processing equipment located within Mineral Processing Combining Districts may be built and used to a height not more than seventy-five (75) feet as measured from the ground to the highest point of the equipment.
(C)
The above height limitations in (A) shall be subject to laws and regulations of the State and Federal Governments. And in no case may the height of any of the above structures exceed the airport height restrictions as may be required by the "AZ" combining district.
(Ord. No. 4538, § 39(Exh. A), 9-10-2024)
152 - GENERAL PROVISIONS AND EXCEPTIONS DISTRICTS38
Editor's note— Ord. No. 4538, § 39(Exh. A), adopted September 10, 2024, repealed Ch. 20.152 and enacted a new Ch. 20.152 as set out herein and as may later be amended. Former Ch. 20.152 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987; Ord. 3953, adopted 1996; Ord. No. 4225, adopted July 20, 2009; Ord. No. 4364, adopted September 13, 2016; and Ord. No. 4453, adopted December 16, 2019.
The regulations specified in this Division shall be subject to the general provisions and exceptions set out in this Chapter.
(Ord. No. 4538, § 39(Exh. A), 9-10-2024)
(A)
Measuring Distances.
(1)
Measurements Are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two (2) objects.
Figure 20.152-A—Measuring Distances Between Structures
Example of measuring the shortest distance, in this case between two buildings.
(2)
Distances Are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.
Figure 20.152-B—Measuring Setbacks Along Slopes
Setbacks and other dimensions are measured horizontally, even on sloping sites.
(3)
Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.
Figure 20.152-C—Measuring Distances from Support Structures
Setbacks are measured to the support element of the structure.
(4)
Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.
Figure 20.152-D—Measuring Vehicle Stacking and Travel Areas
Distance is measured along the centerline of a roadway or driveway.
(5)
Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.
Figure 20.152-E—Measuring Radius from Buildings or Land Use Restrictions
Example of measuring required minimum distance.
(B)
Measuring Height.
(1)
Measuring Building Height. The vertical distance from the average ground level of the building to the highest point of the roof ridge or parapet wall.
Figure 20.152-F—Measuring Height of Building on a Hillside
On a sloping site, building height is measured from the average of the high and low points on the finished grade to the top of the structure.
Figure 20.152-G—Measuring Building from Ground Level
On a flat site, the ground level is the same at all points; building height is measured from ground level to the highest point of the structure.
(2)
Measuring Height of Fences or Walls.
(a)
Fence or wall height shall be measured as the vertical distance between the finished grade at the base of the fence or wall and the top edge.
Figure 20.152-H—Measuring Fence Height
Fence height is measured to the top edge of the fence.
(b)
The height of fencing placed atop a wall shall be measured from the base of the wall, except as provided in (c), below.
(c)
The height of a fence or wall shall be measured on the side facing a public right-of-way or the lot or parcel adjacent to the lot or parcel of the person(s) erecting the fence or wall, as shown in the figure below.
Figure 20.152-I—Measuring Height From Public View
Fence or wall height is measured from the side visible to the public (in the example above, from the adjacent street) or from the side not owned by the party constructing the fence or wall.
(3)
Measuring the Height of Decks. Deck height is determined by measuring from average level of the ground below the deck to the top of the floor of the deck directly above the point measured.
Figure 20.152-J—Measuring Height of Deck
Measuring deck height. On a very flat site, A, B, and C will be the same height.
(C)
Measuring Lot Width and Depth.
(1)
Lot Width. Lot width is the horizontal distance between side lot lines measured at the front yard setback line.
Figure 20.152-K—Measuring Lot Width
(2)
Lot Depth. Lot depth is measured along a straight line down from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.
Figure 20.152-L—Measuring Lot Depth
(3)
Irregular lot configurations. In a case of irregular lot configuration, the lot width and depth shall be determined by the Director.
(D)
Determining Gross Floor Area of Structures. The gross floor area of a building is the gross horizontal areas of all floors, including usable attics, basements, hallways, closets, etc., below the roof and within the exterior surfaces of surrounding exterior walls of a building, excluding enclosed, unconditioned porches.
(E)
Lot Lines. Rules used to determine front, rear, and side lot lines are provided in the Chapter 20.008 Definitions.
(F)
Determining Setbacks (Yards). A setback line defining a required yard is parallel to and at the specified distance from the corresponding front, side, or rear property line.
Figure 20.152-M—Measuring Setbacks on a Parcel with Straight Frontage
Figure 20.152-N—Measuring Setbacks on a Parcels with Curved Frontage
(Ord. No. 4538, § 39(Exh. A), 9-10-2024)
(A)
No yard or other open space provided about any building for the purpose of complying with the regulations of this Division shall be considered as providing a yard or open space for any other building or structure.
(B)
In any case where a setback line plan line has been established, the required yards on the street frontage of lots shall be measured in accordance with such lines, and in no case shall the provisions of this Division be construed as permitting any structure to extend beyond such lines.
(C)
If a roadway easement or access easement serves, or has the potential to serve, more than four (4) lots or parcels, said easement shall be considered a street for the purpose of establishing a front-yard setback.
(D)
Eaves, canopies, and similar roof features may overhang into any required yard setback a distance not exceeding two (2) feet.
(E)
Private swimming pools and hot tubs are not subject to setback requirements in the side or rear yards of any zoning district.
(F)
A detached garage, detached storage shed, or similar detached accessory building not exceeding fifteen (15) feet in height at the ridge and five hundred (500) square feet of floor area shall observe a four (4) foot setback from rear property lines that do not have street frontage. Setbacks from property lines having street frontage shall be as otherwise required by this Division.
(G)
Uncovered decks or porches shall observe a four (4) foot setback from rear property lines that do not have street frontage. Setbacks from property lines having street frontage shall be as otherwise required by this Division.
(H)
Barns, stables, chicken houses and similar accessory buildings that contain animals are subject to the following setbacks:
(1)
For parcels greater than forty thousand (40,000) square feet in size, such buildings shall be not less than fifty (50) feet from any property line, and not less than forty (40) feet from any dwelling.
(2)
For parcels less than forty thousand (40,000) square feet in size, such buildings shall be located on the rear one-third of the lot, not less than four (4) feet from the side or rear property line, and not less than forty (40) feet from any dwelling.
(I)
In the case of a corner lot in any district, front yard setbacks shall be maintained from all lot lines having street frontage. Side yard setbacks shall be maintained from all other lot lines not having street frontage.
(J)
Animal Sales and Services—Veterinary (all types) as described in sections 20.024.020(F) and (G) must maintain a minimum fifty (50) foot setback from the nearest property line to all indoor treatment areas and a minimum one-hundred-foot setback from the nearest property line for outdoor treatment or confinement areas.
(Ord. No. 4538, § 39(Exh. A), 9-10-2024)
(A)
Fence and Screening Height Limits and Locations.
(1)
View-obscuring fences, such as board and picket fences, or hedges are subject to the height limits and locations as shown in Table 20.152-A and Figure 20.152-O, below. See section 20.152.010(B)(2) for how to measure the height of a fence.
1. Fences over seven (7) feet require a building permit.
Figure 20.152-O—Measuring Setbacks for Fence Heights
(2)
Non-view-obscuring fences, such as fences for containment of animals, chicken wire, hog wire, and similar loose-meshed wire fences that allow ninety (90) percent of light to pass through them are not subject to any height or location restrictions.
(B)
Retaining Walls. An embankment to be retained that is over six (6) feet in height shall be benched so that no individual retaining wall exceeds a height of forty-eight (48) inches above the finished grade and each wall has a bench at least equal to the height of the wall.
Figure 20.[152]-P—Retaining Wall Step Design Illustration
Retaining walls more than 6 feet high shall be stepped as shown above.
(C)
Temporary Fencing. Temporary fencing may be required as part of approval of an Administrative Permit, Use Permit, Variance, or Subdivision where necessary to protect trees or other sensitive features and the general public from construction activities during site preparation and construction. Temporary fencing shall be removed within ninety (90) days after construction has been completed.
(D)
Temporary Security Fencing. Temporary security fencing may be installed around the property lines of vacant property with approval from the Director. The maximum height of the fencing allowed shall be determined at the sole discretion of the Director, but it no case shall be greater than eight (8) feet in height. Temporary security fencing shall be removed upon the issuance of a permit or entitlement to allow development of the property.
(E)
Razor/Concertina Wire. Razor/Concertina wire is prohibited, whether individually or in conjunction with a fence or wall, unless approved through an Administrative Permit pursuant to Chapter 20.192 for security needs (i.e., an industrial user) or where required by County, State, or Federal Law or Regulation.
(Ord. No. 4538, § 39(Exh. A), 9-10-2024)
(A)
Height limitations shall not apply to electric transmission lines and towers.
(B)
A Variance pursuant to Chapter 20.200 is not required for the following Height Exceptions:
(1)
Radio and television aerials and antennae, and similar utility structures and necessary mechanical appurtenances for private reception, may be built and used to a height not more than twenty-five (25) feet above the height limit established for the district in which the structures are located, provided, however, that no such structure in excess of the allowable building height shall be used for any commercial or advertising purposes or any communication transmissions.
(2)
Wind generators (including windmills used for agricultural uses) and their associated towers may be built and used to a height of one hundred (100) feet as measured from the ground to the highest point of the system.
(3)
Asphalt silos, and other mineral processing equipment located within Mineral Processing Combining Districts may be built and used to a height not more than seventy-five (75) feet as measured from the ground to the highest point of the equipment.
(C)
The above height limitations in (A) shall be subject to laws and regulations of the State and Federal Governments. And in no case may the height of any of the above structures exceed the airport height restrictions as may be required by the "AZ" combining district.
(Ord. No. 4538, § 39(Exh. A), 9-10-2024)