zoning general - Contractors In Phoenix

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Part 2 - District Regulations
PART 2
DISTRICT REGULATIONS
CHAPTER 1
GENERAL PROVISIONS
Section 2-101
Section 2-102
Section 2-103
Section 2-104
Section 2-105
Section 2-106
Establishment of districts
Residential districts
Service districts
Industrial districts
Overlay districts
Location and boundaries of districts
CHAPTER 2
GENERAL RESIDENTIAL DISTRICT REGULATIONS
Section 2-201
Section 2-202
Section 2-203
Section 2-204
Section 2-205
Section 2-206
Section 2-207
Section 2-208
Section 2-209
Section 2-210
Purpose
General regulations on lots, yard and coverage
Mobile homes, RVs not to be occupied unless in a park
Two or more buildings, separation on lot
Accessory buildings
Height limitations
Setbacks for overhangs or projections
Mechanical equipment
Satellite dishes
Walls and fences
CHAPTER 3
AGRICULTURAL AND SINGLE FAMILY RESIDENTIAL DISTRICTS
Section 2-301
Section 2-302
Section 2-303
Section 2-304
Section 2-305
Section 2-306
Agricultural and residential districts
Permitted uses
Uses permitted subject to a use permit
Additional uses permitted in the agricultural district
Additional uses permitted in the agricultural district subject to a use permit
Yard, height, area and density requirements
2-1
CHAPTER 4
MULTIFAMILY RESIDENTIAL DISTRICTS
Section 2-401
Section 2-402
Section 2-403
Section 2-404
Multifamily residential districts
Permitted uses
Additional uses permitted in R-3, R-3R and R-4 districts subject to a use
permit
CHAPTER 5
MOBILE HOME DISTRICTS
Section 2-501
Section 2-502
Section 2-503
Section 2-504
Section 2-505
Section 2-506
Mobile home, mobile home subdivision and trailer park districts
Permitted uses in RMH district
Conversion of RMH zoned parks to collective tenant ownership
Permitted uses in TP district
Permitted uses in mobile home subdivision district
CHAPTER 6
SERVICE DISTRICTS
Section 2-601
Section 2-602
Section 2-603
Purpose of service districts
General regulations
CHAPTER 7
RESIDENCE/OFFICE AND CONVENIENCE COMMERCIAL
RESIDENCE DISTRICTS
Section 2-701
Section 2-702
Section 2-703
Section 2-704
Section 2-705
Residence/office (R/O) and convenience commercial residence (CCR)
districts
Permitted uses in the R/O district
Permitted uses in the R/O and the CCR districts
Additional uses permitted in the CCR district
2-2
CHAPTER 8
NEIGHBORHOOD COMMERCIAL DISTRICTS
Section 2-801
Section 2-802
Section 2-803
Section 2-804
Neighborhood commercial districts (C-1 and PCC-1)
Permitted uses
Additional regulations, site plan, plan of development
CHAPTER 9
GENERAL COMMERCIAL DISTRICTS
Section 2-901
Section 2-902
Section 2-903
Section 2-904
Section 2-905
Section 2-906
Section 2-907
General commercial districts (PCC-2 and C-2)
Permitted uses in the PCC-2 district
Uses permitted subject to a use permit in the PCC-2 district
PCC-2 additional regulations, plan of development
Permitted uses in the C-2 district
Uses permitted subject to a use permit in the C-2 district
C-2 additional regulations, site plan
CHAPTER 10
CENTRAL COMMERCIAL DISTRICT
Section 2-1001
Section 2-1002
Section 2-1003
Permitted uses
Additional regulations, site plan
CHAPTER 11
MULTI-USE GENERAL DISTRICT
Section 2-1101
Section 2-1102
Section 2-1103
Permitted uses
Additional information and requirements
2-3
CHAPTER 12
REGIONAL COMMERCIAL CENTER DISTRICT
Section 2-1201
Section 2-1202
Section 2-1203
Permitted uses
Additional information and regulations
CHAPTER 13
INDUSTRIAL DISTRICTS
Section 2-1301
Section 2-1302
Purpose
General regulations
CHAPTER 14
INDUSTRIAL DISTRICT REGULATIONS
Section 2-1401
Section 2-1402
Section 2-1403
Section 2-1404
Section 2-1405
Section 2-1406
Section 2-1407
Permitted uses in the IBD district
Uses permitted in the IBD district subject to a use permit
Uses permitted in the I-1 and I-2 districts
Uses permitted in the I-1 and I-2 districts subject to a use permit
Uses permitted in the I-3 district
Uses permitted in the I-3 district subject to a use permit
CHAPTER 15
ADULT-ORIENTED BUSINESSES
Section 2-1501
Section 2-1502
Section 2-1503
Purpose
Locational requirements
Operational requirements
2-4
CHAPTER 16
RIO SALADO OVERLAY DISTRICT
Section 2-1601
Section 2-1602
Section 2-1603
Section 2-1604
Section 2-1605
Section 2-1606
Purpose
General regulations
Use regulations
Boundaries
CHAPTER 17
SOUTHWEST TEMPE OVERLAY DISTRICT
Section 2-1701
Section 2-1702
Section 2-1703
Section 2-1704
Section 2-1705
Section 2-1706
Section 2-1707
Section 2-1708
Section 2-1709
Section 2-1710
Purpose
General regulations
Use regulations
Special regulations, building design
Improvements to be provided by the developer within the arterial street
right-of-way
Special details and capital improvements to be provided by the city at city
expense
Improvements to be perpetually maintained by the developer within the
arterial street right-of-way
Boundaries
CHAPTER 18
I-1, I-2, C-1 OVERLAY DISTRICT
Section 2-1801
Section 2-1802
Section 2-1803
Section 2-1804
Section 2-1805
Section 2-1806
Purpose
General regulations
Use regulations
Boundaries
2-5
CHAPTER 19
NEIGHBORHOOD MIXED USE DISTRICTS
Section 2-1901
Section 2-1902
Purpose and regulations
Applicability
CHAPTER 20
NEIGHBORHOOD MIXED USE DISTRICT REGULATIONS
Section 2-2001
Section 2-2002
Section 2-2003
Section 2-2004
Section 2-2005
Section 2-2006
Section 2-2007
Section 2-2008
Permitted uses in the MU-1 district
Uses permitted subject to a use permit in the MU-1 district
Prohibited uses in the MU-1 district
Permitted uses in the MU-2 district
Uses permitted subject to a use permit in the MU-2 district
Prohibited uses in the MU-2 district
Additional information and requirements
Yard, height, area standards and density requirements
2-6
CHAPTER 1
GENERAL PROVISIONS
Sec. 2-101.
Establishment of districts.
In order to classify, regulate, restrict and separate the use of land, buildings and structures,
and to regulate and limit the type, height and bulk of buildings and structures in the various
districts, and to regulate the area of yards and other open area abutting between buildings and
structures and to regulate the density of population, the city is hereby divided into the districts
identified in this ordinance.
(Ord. No. 808, 9/2/76)
Sec. 2-102.
Residential districts.
Residential districts include the following:
1.
AG
Agricultural
2.
R1-15
Single family residential
3.
R1-10
4.
R1-8
5.
R1-7
6.
R1-6
7.
R1-5
8.
R1-4
9.
R1-PAD
10
R-2
Multifamily residential
11.
R-3
Multifamily residential limited
12.
R-3R
Multifamily residential restricted
13.
R-4
Multifamily residential general
14.
MHS
Manufactured housing subdivision
15.
RMH
Mobile home residence
16.
TP
Trailer park
(Ord. No. 808, 9/2/76; Ord. No. 808.9506, 5/11/95)
Sec. 2-103.
Service districts.
Service districts include the following:
1.
2.
3.
4.
5.
6.
7.
R/O
CCR
C-1
PCC-1
C-2
PCC-2
CCD
Residential and office
Convenience commercial restricted
Neighborhood commercial
Planned commercial center
General commercial
Planned commercial general center
Central commercial
2-7
8.
MG
Multi-use general
9.
RCC
Regional commercial center
(Ord. No. 808, 9/2/76; Ord. No. 808.9606, 4/25/96)
Sec. 2-104.
Industrial districts.
Industrial districts include the following:
1.
IBD
2.
I-I
3.
I-2
4.
I-3
(Ord. No. 808, 9/2/76)
Sec. 2-105.
Industrial buffer
Light industrial
General industrial
Heavy industrial
Overlay districts.
Overlay districts include the following:
1.
Rio Salado overlay district
2.
Southwest Tempe overlay district
3.
I-1, I-2, C-1 overlay district
(Ord. No. 808, 9/2/76; Ord. No. 808.9809, 4/30/98)
Sec. 2-106.
Location and boundaries of districts.
The locations and boundaries of the use districts are established as they are shown on the
map entitled "Zoning Map, City of Tempe" dated September 2, 1976, as amended, which map and
is hereby declared to be a part of this ordinance. Where uncertainty exists as to the boundaries of
any of the districts shown on the map, the following shall apply:
1.
Such district boundary lines are intended to follow street, alley, lot or property
lines as the same existing at the time of passage of this ordinance except where
such district boundary lines are shown on the map;
2.
Where the application of the above rule does not clarify the zone boundary
location, then the zoning administrator shall determine the location;
3.
Territory annexed to the city subsequent to the effective date of this ordinance
shall, upon the date that the annexation becomes effective, automatically becomes
zoned as an AG, agricultural district. Territories annexed with AG zoning shall so
remain until such time as the city council shall see fit to establish a zoning plan for
the annexed area. Any property owner of land annexed into the city may apply for
a rezoning classification at no charge within one year of the date of annexation;
and
4.
Those parcels without zoning designation on the zoning map, and without any
record of a zoning classification are zoned as an AG, agricultural district.
(Ord. No. 808, 9/2/76)
2-8
CHAPTER 2
GENERAL RESIDENTIAL DISTRICT REGULATIONS
Sec. 2-201.
Purpose.
A.
The residential districts are designed to provide for habitable neighborhoods
ranging in densities from very low to moderately high. The differences in these densities and
regulations are intended to insure the varying lifestyles of the city's residents. The several zoning
classifications purport to embrace the wide gamut of residential habitation including ruralagricultural, single family, multifamily, mobile home, and combinations thereof, together with
schools, parks, and other public services necessary for a satisfactory residential environment.
B.
These several residential districts are grouped into three (3) subsections:
1.
Agricultural (AG) and one family residence (R1-15, R1-10, R1-8, R1-7,
R1-6, R1-5, R1-4 and R1-PAD);
2.
Multifamily residence (R-2, R-3R, R-3, R-4); and
3.
Mobile home (RMH), mobile home subdivision (MHS) and trailer parks
(TP).
(Ord. No. 808, 9/2/76; Ord. No. 808.142, 4/10/80; Ord. No. 808.9506, 5/11/95)
Sec. 2-202.
A.
General regulations on lots, yard and coverage.
Every building shall be located and maintained on a lot as defined herein.
B.
No lot shall be further divided to contain more dwellings than are permitted by the
zoning regulations of its district.
C.
No space needed to meet the width, yard, area, coverage, parking, or other
requirements of this ordinance for a lot or building may be sold or leased away from such lot or
building.
D.
No parcel of land which has less than the minimum width and area requirements
for the zone in which it is located may be cut off from a larger parcel of land for the purpose,
whether immediate or future, of building or development as a lot.
(Ord. No. 808, 9/2/76)
2-9
Sec. 2-203.
Mobile homes, RVs not to be occupied unless in a park.
A mobile home, recreational vehicle, or similar vehicle shall not be considered a dwelling
unit, nor occupied as such unless located in a trailer or mobile home park. A mobile home,
recreational vehicle, or similar vehicle shall be prohibited as a facility for any non-residential use
permitted in this ordinance.
(Ord. No. 808, 9/2/76; Ord. No. 808.42, 2/9/78)
ZA opinion—Mobile home installation for testing purposes (7/13/98).
Sec. 2-204.
Two or more buildings, separation on lot.
A.
Regulations governing separation of buildings for institutional, hotel, motel or
residential (other than one family dwelling unit) uses are as follows:
1.
More than one building may be located upon a lot or tract, but only when
such buildings conform to all open space requirements for the district in
which the lot or tract is located;
2.
In the event that a lot is to be occupied by a group of two (2) or more
related buildings, the minimum open space or court between all such
buildings shall be in accordance with the following:
Height of
Tallest
Building
Minimum
Width
of Court
0 - 15'
15' +- 25'
25' +- 35'
35' +-
20'
30'
40'
50'
2-10
B.
Projections (i.e., balconies, overhangs or other similar architectural features) into
the minimum open space or courtyard shall be limited to five (5) feet from the building wall.
C.
For the purpose of the side yard regulations, a two (2) family dwelling shall be
considered as one building, occupying one lot.
D.
The least dimension of a yard upon which the principal entrances or exits of a
multifamily dwelling face shall be ten (10) feet.
(Ord. No. 808, 9/2/76; Ord. No. 808.42, 2/9/78)
2-11
Sec. 2-205.
Accessory buildings.
An accessory building, for any residential use, shall conform to all regulations of the
district wherein it exists and in conformance with the following regulations and exceptions:
1.
All detached accessory buildings shall be placed in the rear half (1/2) of the lot and
may encroach into the required rear and side yard setbacks, except for the
following:
a.
On a through lot, the accessory building shall not be located closer to the
rear property line than the distance required for front yard setback;
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b.
On a corner lot, the accessory building shall not be located closer to the
street side property line than that required for the main building;
c.
On a lot in the AG district, the accessory building shall not be located
closer than twenty (20) feet from rear and side property lines; and
d.
No accessory building exceeding eight (8) feet in height shall be located
closer than seven (7) feet to any property line. This requirement is
applicable regardless of less restrictive provisions of previous ordinances.
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2.
No building which is accessory to any residence building shall be erected to a
height greater than fifteen (15) feet. However, on a residential lot in the AG
district, a shelter for the keeping of animals or fowl may be erected to the
maximum height allowable for the main building in that district; and
3.
No accessory buildings shall occupy more than twenty-five percent (25%) of the
area lying between the rear of the main building and the rear property line.
(Ord. No. 808, 9/2/76; Ord. No. 808.170, 12/18/80)
Sec. 2-206.
Height limitations.
Height limitations shall apply as follows:
1.
Attached church spires, crosses, belfries, cupolas, clocktowers, or similar features
may extend above the roof no more than the height of that building. Detached
features shall be no greater than twice the height of the highest building on site;
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2.
Chimneys, bulkheads, penthouses and domes not for human occupancy,
ventilators, skylights, water tanks, and other similar mechanical equipment shall be
limited to twelve (12) feet above the roof level;
3.
Parapet walls or cornices (without windows) may extend to a maximum of five (5)
feet above the building height limit;
4.
An antenna or tower greater than thirty-five (35) feet measured from grade (refer
to Section 1-208 of this ordinance, definitions) shall require a use permit from the
board of adjustment. Any antenna or tower exceeding thirty-five (35) feet
measured from grade shall be located at least one foot from all property lines for
every foot of the height of the antenna or tower above grade; and
5.
A flag pole may extend no greater than thirty-five (35) feet maximum height
whether ground mounted or mounted on buildings. The height shall be measured
from the top of the curb.
(Ord. No. 808, 9/2/76; Ord. No. 808.8622, 1/15/87)
2-15
Sec. 2-207.
Setbacks for overhangs or projections.
No part of any ordinary projections of window sills, belt courses, cornices, chimneys,
eaves, and other architectural features from a residence shall be closer than three (3) feet to any
property line of the lot upon which such structure is erected.
(Ord. No. 808, 9/2/76)
ZA opinion—Projection of fireplace chimneys and fireboxes into building setbacks (5/19/95).
Sec. 2-208.
Mechanical equipment.
Any and all mechanical equipment ancillary to the use or function of a building or
structure, including, but not limited to, heating/cooling equipment, electrical equipment, pool
pumps and filters, satellite receiving earth stations including dishes and antennas, solar
heating/cooling devices, shall be restricted from use in the front and street side yards.
(Ord. No. 808.365, 1/9/86)
ZA opinion—Storage tanks distinguished from mechanical equipment, guidelines (2/24/94).
Sec. 2-209.
A.
Satellite dishes.
Earth satellite receiving stations, including dishes and antennas:
1.
Shall be ground-mounted;
2.
Shall be restricted from use in any front and street sideyards;
3.
The highest point, including the mounting structure, shall be no higher than
eight (8) feet, measured from the adjacent grade; and
2-16
4.
Shall not be located closer than seven (7) feet from any applicable property
lines.
B.
The earth satellite receiving stations, including dishes and antennas, shall be
restricted from being pole-mounted and attached to any portion of the building or mounted on the
roof.
(Ord. No. 808.365, 1/9/86)
ZA opinion—Satellite dishes, guidelines (1/31/96).
Sec. 2-210.
Walls and fences.
A.
In all residential districts, the maximum height of any freestanding walls or fences
in a required front yard setback shall be four (4) feet. In the areas behind the required front yard
setback and in the required rear and side yards, the maximum height of such walls shall be eight
(8) feet and when visible from a public street, school, park or common area, any such wall in
excess of six (6) feet shall require approval of the development services director.
B.
Walls shall be required along the rear of reverse frontage lots with a minimum
height of eight (8) feet. Such walls shall be of masonry or concrete construction with
architectural texture or stucco finish on both sides (or alternate finish with written approval by the
development services director), and color to be compatible with other buildings in the vicinity.
Street trees and landscape material shall be required between the wall and curb.
C.
No walls, buildings or other obstruction to view in excess of two (2) feet in height
(measured from street curb) shall be placed on any corner lot within a triangular area formed by
the curb lines and a line connecting them at points thirty-three (33) feet from the intersection of
lines, extended from the curbs. There shall be an exception for a reasonable number of trees
pruned high enough to permit unobstructed vision to automobile drivers.
D.
The height of walls and fences shall be measured from the highest adjacent grade
within twenty (20) feet, except when the wall or fence is adjacent to a street right-of-way which
has a higher grade. For such situations, the height of the fence or wall shall be measured from
the top of the curb or top of the crown of the road where no curb exists.
(Ord. No. 808.8903, 6/29/89; Ord. No. 808.9705, 11/20/97)
2-17
CHAPTER 3
AGRICULTURAL AND SINGLE FAMILY RESIDENTIAL DISTRICTS
Sec. 2-301.
Agricultural and residential districts.
Sections 2-301 through 2-307 govern the following agricultural and residential districts:
1.
AG
Agricultural
2.
R1-15
3.
R1-10
4.
R1-8
5.
R1-7
6.
R1-6
7.
R1-5
8.
R1-4
9.
R1-PAD
(Ord. No. 808, 9/2/76; Ord. No. 808.9506, 5/11/95)
Cross reference—See also Sec. 3-101 et seq., regulations on landscaping; Sec. 4-101 et seq., off-street
parking; Sec. 5-101 et seq., signs.
Sec. 2-302.
Permitted uses.
The following are permitted uses in the AG, R1-15, R1-10, R1-8, R1-7, R1-6, R1-5, R1-4
and R1-PAD districts:
1.
One single family dwelling on its own lot;
2.
Other customary accessory uses and buildings provided such uses are incidental to
the principal use and do not include any activity commonly conducted as a
business; provided however, the occasional sale of a motor vehicle or trailer on a
lot on which the seller resides shall not be considered a business. Any accessory
building shall be located on the same lot with the principal building. Except as
hereinafter provided, no accessory building shall be used for sleeping or living
purposes;
3.
Home occupations, which comply with the following conditions:
a.
The occupation or profession shall be carried on wholly within the principal
building or within an attached closed building;
b.
No one outside of the family shall be employed in a "home occupation";
c.
There shall be no signs, no exterior display, no exterior storage of
materials, and no other exterior indication of the "home occupation" or
variation from the residential character of the principal building;
2-18
d.
No offensive noise, vibration, smoke, dust, odors, heat, or glare shall be
produced;
e.
Such occupation shall not require internal or external alterations or
construction features or equipment or machinery not customary in
residential areas;
f.
The activity shall be limited to the hours between 7:00 a.m. and 10:00 p.m.
and shall not generate traffic beyond that normal in its district;
g.
A "home occupation" shall not include the sale of commodities on
premises, nor among others, the following: barber shops and beauty
parlors; commercial stables, veterinary offices, hospitals and kennels; real
estate offices; restaurants; motor vehicle repairing; massage parlors; and
h.
Any violation of the above conditions shall cause the immediate termination
of such home occupation;
4.
Public parks, public recreational areas, and publicly owned and operated
properties;
5.
Church, convents, and parish houses (temporary revival tents or buildings are not
permitted);
6.
Church-related uses;
7.
Public schools and institutions of higher education;
8.
Agricultural, flower and vegetable gardening, for the purpose of propagating and
cultivating only, and worm farming; provided that no business and no obnoxious
soil renovation shall be carried on upon the premises;
9.
Temporary construction offices, a caretaker's residence, and sheds, appurtenant
signs, and storage incidental to a construction project, but only for the duration of
such project, but not exceeding eighteen (18) months;
10.
Temporary residential sales offices for the sale of homes being constructed on the
premises and for a period not exceeding eighteen (18) months. Extensions of this
time require approval by the board of adjustment. The residential sales office is
subject to the following conditions:
a.
Prior to use of the premises as a temporary residential sales office, a
temporary occupancy permit shall be obtained from the development
services director; and
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b.
11.
Prior to the sale of any dwelling that has been used as a temporary
residential sales office, the dwelling shall be restored to comply with all
applicable codes and ordinances, and final approval obtained from the
development services department;
Home, religious organization, or not-for-profit service organization boutiques shall
comply with the following conditions:
a.
The boutique shall be carried on wholly within a dwelling unit, a religiousrelated building or a commercial structure;
b.
The boutique shall primarily sell locally handcrafted items;
c.
The boutique shall operate for not more than any five (5) consecutive days
in each one-half (1/2) calendar year at any one location;
d.
There shall be no offensive noise, vibration, smoke, dust, odors, heat or
glare produced by the boutique;
e.
The activity shall be limited to the hours between 9:00 a.m. and 8:00 p.m.;
f.
The activity shall not generate such additional traffic and parking in the
area of the boutique which would create a serious traffic or safety hazard;
g.
All signs used by the boutique shall comply with this ordinance, Section
5-101 et seq.;
h.
The boutique shall comply with the applicable transaction privilege (sales)
tax provisions of the Tempe City Code (TCC) §16-1 et seq.; and
i.
The operator or sponsor of the boutique must apply for a city transaction
privilege (sales) tax license a minimum of ten (10) days prior to the start of
the boutique.
Any violation of the above conditions shall cause the immediate revocation of the
boutique's privilege to transact business within the city;
12.
Group homes for adult care and the disabled, which comply with the following
conditions:
a.
No such home is located on a lot within twelve hundred (1200) feet,
measured by a straight line in any direction, from the lot line of another
group home;
b.
The number of residents is limited by applicable state laws, including any
minimum square footage requirement per person, but in no event shall the
number of residents exceed ten (10);
2-20
c.
Such home is licensed by or certified by or approved by or registered with,
funded by or through, or under contract or subcontract with the State of
Arizona; and
d.
Such home is reviewed and approved by the city for code and ordinance
compliance.
13.
In home day care for up to six (6) children.
(Ord. No. 808, 9/2/76; Ord. No. 808.42, 2/9/78; Ord. No. 808.342, 8/29/85; Ord No. 808.9205,
4/9/92; Ord. No. 808.9506, 5/11/95; Ord. No. 808.2000.03, 3/16/00)
ZA opinion—Estate sales compared to real estate sales, not garage sales, for signage in residential areas
(2/9/94); temporary sales offices for recorded subdivisions (10/26/93, 7/20/83); landscape requirements for patio
homes (5/4/93); wholesale motor vehicle dealer, home occupation (3/28/00, 11/20/92); churches with preschools
(7/20/92, 11/30/87); pets defined for keeping in residential districts (5/29/92); potbellied pigs are not swine
(5/29/92); residential programs for disabled and frail elderly no use permits (6/21/90, 8/5/87); pigeon facilities or
racing (6/30/98, 4/29/86); detached garage not accessory building (5/19/83); bed and breakfast facilities require
guest room use permit (7/21/88); religious group residences (6/30/88, 6/6/83); second story definition for single
family (2/9/88); volleyball court parking (3/10/87); sale of firearms from residence (7/1/96); building setbacks for
carport to garage conversions (7/18/96); group homes for children (5/7/98, 10/7/97); day care for adults in
residential districts (2/9/98); group homes for the disabled (5/22/98); charter schools (8/24/98); setbacks for
parking canopies (11/16/98); hair care business not home occupation (7/21/99).
Sec. 2-303.
Uses permitted subject to a use permit.
The following uses are subject to a use permit:
1.
Second story addition to an existing single family residence;
2.
One guest room, occupants of which shall not violate the definition of "family" in
Section 1-207 of this ordinance; one additional off-street parking space shall be
required per guest room;
3.
Public utility buildings and facilities when necessary for serving the surrounding
territory, provided that no public business offices and no repair or storage facilities
are maintained therein;
4.
Private educational institutions offering a curriculum of general instruction
comparable to public schools;
5.
The keeping of horses in the R1-15 and R1-10 district provided the following
conditions are met:
a.
The zoning is in effect at the time this ordinance becomes effective;
b.
The rear yard of site with R1-15 and R1-10 districts abuts property in the
agricultural district and the conditions, covenants and restrictions of such
agriculturally zoned property permits the keeping of horses;
2-21
6.
c.
The lots in the R1-15 and R1-10 districts are not less than thirty thousand
five hundred (30,500) square feet in area;
d.
The minimum distance from the rear of the dwelling unit to the rear
property line is not less than two hundred (200) feet;
e.
The lots in the R1-15 and R1-10 districts are located south of Elliot Road;
and
f.
The number of horses permitted shall be determined by following the
criteria set forth in paragraph 2 of subsection A of Section 2-304 of this
ordinance;
In home day care for seven (7) to ten (10) children which comply with the
following conditions:
a.
Licensed, certified or approved by the State of Arizona; and
b.
Such home is reviewed and approved by the City of Tempe, Development
Services Department, for code and ordinance compliance;
7.
Any use not appearing in this ordinance which is similar to, and not more
detrimental than the uses permitted herein, as determined by the zoning
administrator, may be permitted in the area upon securing a use permit.
(Ord. No. 808, 9/2/76; Ord. No. 808.342, 8/29/85; Ord. No. 808.8718, 11/19/87; Ord. No.
808.2000.03, 3/16/00)
Cross reference—See also Sec. 1-208, definition of guest room.
Sec. 2-304.
Additional uses permitted in the agricultural district.
A.
In addition to the uses permitted above in Sections 2-301 and 2-303 above, the
following are permitted in the agricultural district on sites under five (5) net acres in area, in
conjunction with a residential dwelling for the use of the family residing on the lot as incidental
use:
1.
Farming, including all types of agriculture and horticulture, such as flower
and vegetable gardening, field crops, berry and bush crops, tree crops, and
orchards, and their storage;
2.
The keeping of livestock, including cattle, horses, sheep, goats or similar
animals except the keeping of swine. The number of such livestock
permitted shall be calculated on the basis of one horse, cow or similar
animal, or two (2) sheep, goats or similar animal for each six thousand
(6,000) square feet of net lot area after deducting one-half (1/2) acre for
the home site. Fractions greater than five-tenths (5/10) of a whole number
shall be rounded up to the next whole number. The total aggregate of all
such animals permitted shall be twenty-four (24). Animals of six (6)
months or younger shall not be counted;
2-22
3.
Apiaries, upon the following conditions:
a.
Occupied bee hives shall be at least two hundred (200) feet from
any existing dwelling on another property;
b.
Occupied bee hives shall have a minimum separation of fifty (50)
feet to any property line; and
c.
Occupied bee hives shall have a minimum separation of one
hundred and fifty (150) feet to any street or bridle path;
4.
Guest quarters shall be permitted only as accessory to a residence;
5.
Worm farms; and
6.
Aviaries.
B.
In addition to the uses permitted in subsection A next above, the following will be
permitted with a minimum net site area of five (5) acres or more:
1.
The grazing and keeping of cattle, sheep or horses, except swine; including
the supplementary feeding of such cattle, sheep, or horses, provided such
grazing is not a part of, nor conducted in conjunction with any dairy or
livestock sales yard located on the same premises; and
2.
Farming and processing of farm products, customarily conducted on farms;
C.
In addition to the uses permitted in subsections A and B next above, a commercial
horse ranch may be permitted with a minimum net site of ten (10) acres or more.
D.
In addition to the uses permitted in subsections A, B and C above, a dairy farm
may be permitted with a net site area of forty (40) acres or more.
(Ord. No. 808, 9/2/76; Ord. No. 808.42, 2/9/78)
Sec. 2-305.
Additional uses permitted in the agricultural district subject to a use permit.
Additional uses permitted in the agricultural district subject to a use permit include:
1.
Radio and television studios with receiving and transmitting towers;
2.
Retailing of farm products produced on the premises;
3.
A net area of a minimum of five (5) acres shall be required for the following uses:
a.
Country clubs, private clubs, and golf courses, including practice driving
ranges, as an accessory use. Practice driving ranges, not accessory to a
golf course, and miniature golf courses are prohibited;
2-23
b.
Hospitals or sanitariums for the treatment of human ailments, nursing or
convalescent homes, orphanages, and institutions for the mentally disabled,
epileptic, drug or alcoholic patients; institutions of an educational,
religious, or philanthropic nature; homes for the aged, without cooking
facilities in individual dwelling units. Any building so used shall be not less
than fifty (50) feet from the lot line of any adjoining property;
c.
Cemeteries, mausoleums, crematoriums;
d.
The farming of chickens, rabbits, or similar small animals; and
e.
Farm laborer's quarters, as an accessory to a farm of five (5) acres or more,
provided that such a building is not rented, or leased separate from the
main building;
4.
A net area of ten (10) acres or more shall be required for commercial horse stables.
(Ord. No. 808, 9/2/76)
Sec. 2-306.
Yard, height, area and density requirements.
Yard, height, area and density requirements in the agricultural and residence districts are
as shown in the following chart.
(Ord. No. 808, 9/2/76; Ord. No. 808.9506, 5/11/95)
2-24
YARD, HEIGHT, AREA AND DENSITY REQUIREMENTS:
R1PAD
DISTRICT (f)
AG
R1-15
R1-10
R1-8
R1-7
R1-6
R1-5
Minimum Net
Site Area
1
acre
15,000
s.f.
10,000
s.f.
8,000
s.f.
7,000
s.f.
6,000
s.f.
5,000
s.f.
1
2.40
2.80
3.35
3.75
4.00
6
Minimum Lot
Width in Feet
115
115
90
80
70
60
NS
Minimum Lot
Length in Feet
150
120
100
NS
30
30
30
30
30
30
30
20%
40%
40%
40%
40%
40%
NS
Front
40
35
30
25
25
25
20
Side
20
15
10
7
7
7
5
Rear
35
30
25
20
15
15
15
(f)
15
NS
10
(f)
10
NS
Density
(DU/Acre)
Maximum Height
in Feet (c)
Maximum Site
Bldg. Coverage
Minimum
Setback
in Feet
Street
Side (b)
25
20
(a)
100
(a)
15
100
10
(a)
100
10
(a)
10
R1-4
(f)
4,000
s.f.
(e)
½
acre
8
NS
(f)
NS
NS
(f)
NS
NS
30
NS
(f)
NS
NS
(f)
20
NS
(d)
NS
(a)
All reverse frontage lots on arterial streets and freeway right-of-ways shall be a minimum of 110' in length.
(b)
The street side yard of corner lots adjacent to key lots shall be increased by 10 additional feet.
(c)
Second story addition to an existing residence shall require a use permit to achieve the allowable height.
(d)
0' for lots with common walls; 10' side yard required for lots with no common walls.
(e)
Requires processing a P.A.D. to obtain zoning and establish parking requirements.
(f)
Ordinance No. 808.9506 created the R1-5 and R1-PAD districts, and moved the R-Th district to this
Section, renaming it "R1-4".
ZA opinion—Density calculations (2/5/99)
2-25
CHAPTER 4
MULTIFAMILY RESIDENTIAL DISTRICTS
Sec. 2-401.
Multifamily residential districts.
Sections 2-401 through 2-406 govern the following multifamily residential districts:
1.
R-2
Two family residence district
2.
R-3
Multifamily residence limited district
3.
R-3R
Multifamily residence restricted district
4.
R-4
Multifamily residence general district
(Ord. No. 808, 9/2/76; Ord. No. 808.9506, 5/11/95)
Cross reference—See also Sec. 1-502, 1-505, 1-507, regulations on P.A.D.s and site plans; Sec. 3-101 et
seq., landscaping; Sec. 4-101 et seq., off-street parking; Sec. 5-101 et seq., signs.
Sec. 2-402.
Permitted uses.
Permitted uses in these multifamily districts are the following:
1.
All uses permitted in Sections 2-301 to 2-303 of this ordinance and subject to all
restrictions specified for the districts, except as provided herein;
2.
In multifamily dwellings guest quarters shall be counted in density calculations of
the site and shall not require a use permit; and
3.
Residential developments of one acre or greater in net site area, including
apartments, condominiums and other cluster housing concepts, shall file a site plan
or P.A.D. and comply with the site plan or P.A.D. requirements of Sections 1-502,
1-505 or 1-507.
(Ord. No. 808, 9/2/76; Ord. No. 808.9506, 5/11/95)
ZA opinion—Convent or parish house permitted in R1-6 (6/30/88); ambulance dispatch in retirement
community, requires use permit in R-4 and R-Th (4/29/88).
Sec. 2-403.
Additional uses permitted in R-3, R-3R and R-4 districts subject to a use
permit.
Additional uses permitted in R-3, R-3R and R-4 districts subject to a use permit are as
follows:
1.
Boarding houses and rooming houses;
2.
Fraternity and sorority houses;
2-26
3.
epileptic, drug or alcoholic patients; institutions of an educational, religious, or
philanthropic nature; homes for the aged, without cooking facilities in individual
dwelling units. Any building so used shall be not less than fifty (50) feet from the
lot line of any adjoining property;
4.
Nursery schools and day care centers;
5.
Parking lots for adjacent commercial uses;
6.
Radio and television transmitter stations; and
7.
(Ord. No. 808, 9/2/76; Ord. No. 808.349, 8/1/85)
Sec. 2-404.
A.
The yard, height, area and density requirements in the multifamily residential
districts are depicted on the following chart.
B.
Where multistory building heights exceed fifteen (15) feet and are located adjacent
to a one family residence district, the following additional setback shall be required: One
additional foot of yard setback, from any adjacent one family residence property line, for every
foot of building height above fifteen (15) feet.
(Ord. No. 808, 9/2/76, Ord. No. 808.42, 2/9/78; Ord. No. 808.8815, 8/25/88; Ord. No.
808.9506, 5/11/95)
Ed. note—Ord. No. 808.8815 provided a two-year phase-in or density requirements for existing
multifamily zoning (with or without approved site plans) as of September 24, 1988.
2-27
YARD, HEIGHT, AREA AND DENSITY REQUIREMENTS
DISTRICT (a)
R-2
R-3R
R-3
R-4
Minimum Net
Site Area
7,200 s.f.
6,000 s.f.
6,000 s.f.
6,000 s.f.
Minimum Lot
Area/Unit
3,600 s.f.
2,900 s.f.
2,200 s.f.
1,800 s.f.
Density
(DU/Acre)
10
15
20
24
Minimum Lot
Width in Feet
60
60
60
60
Minimum Lot
Length in Feet
100
100
100
100
30
15
30
35
40%
40%
40%
40%
Front
25
25
25
25
Side
10
10
10
10
Rear
15
15
15
15
Street
Side
25
25
25
25
Maximum Height
in Feet
Maximum Site
Bldg. Coverage
Minimum
Setback
in Feet
(a)
Ordinance No. 808.9506 renamed the R-Th District to "R1-4" and moved it to Section 2-306.
ZA opinion—Setbacks for parking canopies (11/16/98); Density calculations (2/5/99)
2-28
CHAPTER 5
MOBILE HOME DISTRICTS
Sec. 2-501.
Mobile home, mobile home subdivision and trailer park districts.
Sections 2-501 through 2-507 govern the following mobile home districts:
1.
RMH
2.
MHS
3.
TP
(Ord. No. 808, 9/2/76)
Mobile home district
Mobile home subdivision district
Trailer park district
Cross reference—See also Sec. 1-502, 1-505, 1-507, regulations on P.A.D.s; Sec. 3-101 et seq.,
landscaping; Sec. 4-101 et seq., off-street parking; Sec. 5-101 et seq., signs.
Sec. 2-502.
Permitted uses in RMH district.
Permitted uses in the RMH district are the following:
1.
Mobile home parks with one mobile home on each lot. Individual lot ownership is
allowed;
2.
Accessory uses appurtenant to mobile home parks including community recreation
buildings and area, accessory parking areas, laundry facilities, manager's office and
apartment, boat and trailer storage area including washing area, child care
facilities, and other similar accessory uses for the exclusive benefit of park
residents;
3.
Accessory uses appurtenant to individual mobile homes including carport, ramada,
cabana, covered patio, storage room and similar uses;
4.
Temporary construction buildings and yards during the actual development of
mobile home park, and sales offices for sale of mobile homes for use on premises,
but not exceeding eighteen (18) months;
5.
All mobile home parks shall be filed in accordance with P.A.D. regulations; and
6.
detrimental the uses permitted herein, as determined by the zoning administrator,
may be permitted in the area upon securing a use permit.
(Ord. No. 808, 9/2/76; Ord. No. 808.349, 8/1/85)
2-29
Sec. 2-503.
Conversion of RMH zoned parks to collective tenant ownership.
RMH zoned parks in existence on December 14, 1985, shall be allowed to convert to
collective tenant ownership if the conversion meets the following requirements:
1.
The ownership must be in the form of a condominium or cooperative subdivision
development;
2.
Such conversion is subject to approval under the city's "Subdivisions" chapter of
the Tempe City Code;
3.
The conversion may allow for ownership of individual lots but must provide for
common upkeep, support and ownership of all existing and future common areas
and facilities;
4.
The owner, converter or converting tenant's association shall, as soon as
practicable determine the earliest date when the tenant occupying each lot could be
expected to terminate their tenancy and vacate the premises. The tenant may be
requested to vacate the premises no earlier than one hundred and eighty (180) days
from the date of the notice. During the first sixty (60) days of the term of the
notice, the tenant shall have the exclusive right to purchase the lot and that
proportional part of the common area or the proportional shares of stock in the cooperative;
5.
Where a property owner's association is formed, the covenants and restrictions
shall include Section 29-44 of the Tempe City Code and shall be reviewed and
approved by the city attorney and the development services director. Such
covenants and restrictions shall be recorded with the final plat; and
6.
The covenants and restrictions shall specifically allow an individual unit owner to
enforce, against other unit owners, either jointly or severally, and against the
tenant's association, the provisions for the upkeep of the present and future
common areas and facilities.
(Ord. No. 808.362, 11/14/85)
Ed. note—Tempe City Code, recodified in 1985, renumbered TCC §30-13 to TCC §29-44.
Sec. 2-504.
Permitted uses in TP district.
Permitted uses in the TP district are the following:
1.
Trailer or recreational vehicle, one per rental space; which shall not remain in a
trailer park for more than three (3) months in any one year period;
2.
Accessory uses appurtenant to the use, such as recreation facilities, laundry
building, manager's office and storage, if required;
2-30
3.
Temporary construction facilities, not to exceed eighteen (18) months;
4.
Sale of convenience type items for those persons using the trailer park, subject to
the following restrictions:
5.
a.
The use must be specifically approved by the planning commission and city
council with the P.A.D.;
b.
Maximum area allowance shall not exceed five hundred (500) square feet.
No commodity shall be consumed within the building where sold;
c.
There shall be no outside signs to advertise the sales area; and
d.
Space used for such sales area shall not be deducted from the required
recreational community area;
All trailer parks shall be filed in accordance with P.A.D. regulations;
6.
(Ord. No. 808, 9/2/76; Ord. No. 808.349, 8/1/85; Ord. No. 808.362 11/14/85)
Sec. 2-505.
Permitted uses in mobile home subdivision district.
Permitted uses in the mobile home subdivision district are as follows:
1.
Mobile homes with one mobile home on each lot;
2.
Accessory uses to mobile home subdivision may include community recreation
buildings and area, accessory parking areas, manager's office and apartment, boat
and trailer storage area including washing area and other similar accessory uses for
the exclusive benefit of park residents;
3.
Accessory uses appurtenant to individual mobile homes including carport, ramada,
cabana, covered patio, storage room and similar uses;
4.
Other customary accessory uses and buildings, provided such uses are incidental to
the principal use and do not include any activities commonly conducted as a
business. However, the occasional sale of a motor vehicle or trailer on a lot on
which the seller resides shall not be considered a business. Accessory buildings
shall not be used for sleeping;
5.
Temporary construction buildings and yards during the actual development of
mobile homes subdivision and sales offices for sale of mobile homes for use on
premises, but not exceeding eighteen (18) months;
2-31
6.
All mobile home subdivisions shall be filed in accordance with P.A.D. regulations;
7.
All antennae and towers greater than twenty (20) feet measured from grade shall
require a use permit from the board of adjustment. Any antenna or tower
exceeding twenty (20) feet measured from grade shall be located at least one foot
from all property lines for every foot of the height of the antenna or tower above
grade;
8.
Home occupations;
9.
A six (6) foot masonry wall plus fifteen (15) gallon trees fifteen (15) feet o.c. shall
be provided on the perimeters of the subdivision;
10.
No lot shall be further divided to contain more dwellings or DU/acre plan; and
11.
(Ord. No. 808, 9/2/76; Ord. No. 808.349, 8/1/85)
Sec. 2-506.
A.
Yard, height, area and density requirements in the mobile home, trailer park and
mobile home subdivisions are as shown in the following chart.
B.
There shall be a minimum of five (5) acres net for the overall site of development.
(Ord. No. 808, 9/2/76; Ord. No. 808.42, 2/9/78; Ord. No. 808.142, 4/10/80; Ord. No. 808.362,
11/14/85)
2-32
DISTRICT
RMH
TP
MHS
Minimum Net Lot Area
Rental Space
3,500 s.f.
Rental Space
1,500 s.f.
Subdivision Lot
6,000 s.f.
Min. Comm. Rec. Area
(SF per DU)
400
100
0
Density (DU/Acre)
7
14
5.5
Min. Space/Lot Width in
Feet
50
30
60
Min. Space/Lot
Length in Feet
70
55
100
Max. Height in Feet
30
30
15
50%
50%
40%
5
10
25
Max. Site Bldg. Cov.
Min. Yard
Setback
In Feet
Front
(a)
(b)
Side
(a)
5
5
7
Rear
(a)
5
5
15
20
20
10
Ex.St.
Side (a)
(a)
The minimum yard setback in the above chart means the minimum distance of any portion of the
mobile structures and accessory structures from the rental lot lines.
(b)
The maximum site building coverage in the above chart shall include one hundred percent
(100%) of unit site envelopes and all other structures under roof.
2-33
CHAPTER 6
SERVICE DISTRICTS
Sec. 2-601.
Purpose of service districts.
The service districts are designed to provide for business involved in retailing, services and
entertainment activities. These facilities range in degree of intensity from neighborhood services
to regional commercial centers. The several service districts purport to embrace the wide gamut
of business uses as categorized in the following:
1.
Residence/office (R/O) and convenience commercial-residence (CCR) districts.
Professional and administrative services and restricted retailing on small parcels adjacent
to and serving local residential neighborhoods.
2.
Neighborhood commercial (C-1 and PCC-1) districts.
Limited retailing and services supplying the daily needs of neighborhood residents, but not
of such magnitude as to attract substantial volumes of traffic from outside the
neighborhood.
3.
Planned commercial (PCC-2) and general commercial (C-2) districts.
Comprehensive retailing, services and entertainment facilities oriented to serve the needs
of the community or the metropolitan region.
4.
Central commercial (CCD) district.
Retailing services, entertainment facilities and high density multifamily residences oriented
to consolidate the downtown business area to be compatible in use and development
standards with the Arizona State University campus, the governmental complex, and the
historic theme of downtown Tempe.
5.
Multi-use general (MG) district.
The purpose of the MG district is to encourage unique design and site planning solutions
for intensive single or mixed uses at suitable nodal locations within the city. MG district
zoning will be permitted only where adequate services to support such intensive
development exist or will be provided prior to occupancy. The approval of MG district
zoning will be based upon the quality of the P.A.D. submitted. A zoning change to the
MG district will be approved only if the project is of exceptional design quality and if
desirable amenities are an integral part of the development.
2-34
6.
Regional commercial center (RCC) district.
The purpose of the RCC district is to provide regional shopping facilities in locations
deemed appropriate to serve large geographic areas.
ZA opinion—Comics, collectibles in CCR, not secondhand store (4/21/93); bar requires use permit in C-2
(4/8/93); outdoor dining guidelines, use permits, parking (8/21/90, 4/29/88); motor vehicle display, retailing in
PCC-2, C-1 (7/13/90, 7/2/84); vehicle leasing C-1 with use permit (4/29/88); parking for shopping center, Circle
K, office/storage (3/3/93, 10/28/88, 10/25/88, 10/14/87); isolation tanks/massage in C-1, PCC-1 (10/16/89); motor
vehicle service repair use permit C-2, CCD (4/1/88); veterinary clinic first allowed C-2 (1/14/88); neighborhood
laundry and dry cleaning facilities (3/28/00); dance studio (8/25/87); body toning/shaping (3/28/00); karate,
martial arts studios (3/28/00); metal walls on accessory buildings, carports, sheds (5/31/83); day care centers,
nursery schools in R/O with use permit (7/29/82); mini-market in C-1 (9/4/81); outdoor retailing stands (5/7/98,
11/30/94); acupuncture therapy permitted use in R/O district (7/28/95); personnel and employment agencies and
offices are permitted in C-1 district (8/29/95); charter schools (8/24/98); windshield repairs as ancillary use at car
washes (8/12/99); temporary storage facilities in PCC-1 (8/19/99); wholesale motor vehicle dealer zoning
clearances (3/28/00).
Sec. 2-602.
General regulations.
A.
ordinance.
All uses shall comply with the regulations of Sections 2-202 through 2-210 of this
B.
All uses permitted shall include accessory uses and buildings customarily incidental
to the permitted uses and shall be located on the same lot therewith.
C.
All uses in the R/O, CCR, C-1, and PCC-1 districts shall comply with the
following additional regulations:
1.
All uses are restricted to closed buildings, except for pass-through windows where
specifically permitted;
2.
Outdoor storage of materials and supplies and outdoor displays are prohibited;
3.
Display and sale of secondhand, surplus, and salvaged merchandise prohibited; and
4.
Non-residential uses shall comply with Section 3-101 et seq. of this ordinance on
Landscaping, Walls and Screening.
D.
The use of the exterior metal walls and columns shall be permitted only upon
variance granted by the city council.
(Ord. No. 808, 9/2/76; Ord. No. 808.210B, 6/25/81)
2-35
Sec. 2-603.
Yard, height, area and density.
The following chart depicts the yard, height, area and density requirements in all service
and commercial districts.
808.9625, 12/19/96)
2-36
DISTRICT
Minimum Net
Site Area
Density (Du/Ac)
C-1
PCC1
PCC2
C-2
CCD
Comm'l Res'l
R/O
CCR
6,000
s.f.
6,000
s.f.
---
2 ac.
5 ac.
---
---
6,000
s.f.
10
---
---
---
---
---
---
40
MG
(c)
1 ac.
50 ac.
(c)
---
(c)
Minimum Lot
Width in Feet
60
60
---
250
500
---
---
60
150
Minimum Lot
Length in Feet
100
100
---
250
500
---
---
100
150
(a)
(a)
(a)
(a)
(a)
(a)
(a)
(a)
---
(c)
Maximum Height
in Feet
Maximum Site
Bldg. Coverage
Front
Minimum
Yard
Setback
in Feet
RCC
Side
--(c)
15
15
30
30
35
35
35
35
(c)
35%
35%
---
25%
25%
---
---
40%
(c)
50%
(a)
(a)
(a)
(a)
(a)
(a)
(a)
(a)
(b)(c)
(e)
25
20
15
50
60
10
10
25
25
60
(a)
(a)
(a)
(a)
10
10
(a)
(a)
---
40
60
(a)
(a)
(a)
---
---
10
75
(d)
(c)
(a)
60
(d)
Rear
15
15
---
40
60
---
---
15
(c)
Street
Side
(a)
(a)
(a)
(a)
(a)
(a)
(a)
(a)
(b)
(e)
25
20
15
50
60
10
10
25
25
60
(a)
Where multistory building heights exceed 15' and are located adjacent to any residential district,
the same additional setback shall be required as specified in subsection B of Section 2-404.
Where there exists no required setback, a minimum of 25' shall be required for such situations.
(b)
Where the MG district is adjacent to a single family residential district, the setback shall be 1' for
every foot of building height to a maximum of 50'. The specifications in the chart pertain to
parcels used for commercial activities. Parcels with residential uses shall conform to the
specifications of the R1-6 district; except that those in the R/O and CCD districts shall conform to
the specifications of the R-2 and R-4 districts, respectively, and residential and commercial uses
in the MG district shall conform to the requirements for that district.
(c)
Restrictive standards may be required.
(d)
20' building setbacks are required for pad sites for side and rear yards.
(e)
25' building setbacks are allowed for major tenant buildings adjacent to the ring road. 40'
building setbacks are allowed for pad sites for front and street yards in conjunction with a
minimum 25' landscape setback.
ZA opinion—Setbacks for parking canopies (11/16/98)
2-37
60
CHAPTER 7
RESIDENCE/OFFICE AND CONVENIENCE
COMMERCIAL RESIDENCE DISTRICTS
Sec. 2-701.
Residence/office (R/O) and convenience commercial residence (CCR)
districts.
R/O and CCR districts are as follows:
1.
R/O
2.
CCR
(Ord. No. 808, 9/2/76)
Residence/office district
Convenience commercial residence district
Cross reference—See also Sec. 2-603, yard, height, area and density requirements; Sec. 3-101 et seq.,
Sec. 2-702.
Permitted uses in the R/O district.
Permitted uses in the R/O district are as follows:
1.
Multifamily dwellings in accordance with the regulations for the R-2 multifamily
residence district, including but not limited to yard, height, area and density
requirements of Section 2-404; and
2.
Other uses permitted in Section 2-402 of this ordinance, permitted uses in
multifamily residential districts.
(Ord. No. 808, 9/2/76)
landscaping; Sec. 4-101 et seq., off-street parking; Sec. 5-101, et seq., signs.
Sec. 2-703.
Permitted uses in the R/O and the CCR districts.
The following are permitted uses:
1.
A residence of a caretaker or operator employed on the premises; such residence
may include the family of the caretaker;
2.
Churches;
3.
Offices wherein professional, administrative, clerical, or sales services only are
rendered;
4.
Financial institutions, with or without drive through windows;
5.
Fine arts class instruction;
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6.
Medical clinic (pharmacy and optical needs permitted as a service to the clinic);
7.
Photography studio; and
8.
Sec. 2-704.
Additional uses permitted in the CCR district.
The following are additional permitted uses in the CCR district:
1.
2.
Limited residential services including the following:
a.
Barber and beauty salons;
b.
Clothes cleaning pick-up stations and automatic self-help laundries;
c.
Day care and nursery schools;
d.
Dressmaker, custom, and tailoring shops; and
e.
Shoe repair shop.
Limited commercial uses, including the following:
a.
Bakery, retail sales only;
b.
Bicycle shop;
c.
Camera shop and photography studio;
d.
Candy shop;
e.
Delicatessen;
f.
Fabric shop;
g.
Gift shop;
h.
Health food store;
i.
Hobbies, arts and crafts, sales and instruction;
j.
Ice cream shop;
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k.
Library;
l.
Medical clinic;
m.
Public utility building; and
n.
Stationery shop.
(Ord. No. 808, 9/2/76)
Sec. 2-705.
The following are uses permitted in the CCR district subject to a use permit:
1.
Clubs and lodges;
2.
Drug store;
3.
Grocery or convenience market;
4.
Hardware store;
5.
convalescent homes, orphanages, and institutions for the retarded, mentally
disordered, epileptic, drug or alcoholic patients; institutions of an educational,
religious, or philanthropic nature; homes for the aged, without cooking facilities in
individual dwelling units. Any building so used shall not be less than fifty (50) feet
from the lot line of any adjoining property;
6.
Hotels and motels;
7.
Radio and television studios with receiving and transmitting towers; and
8.
Restaurants, closed building only.
(Ord. No. 808, 9/2/76)
2-40
CHAPTER 8
NEIGHBORHOOD COMMERCIAL DISTRICTS
Sec. 2-801.
Neighborhood commercial districts (C-1 and PCC-1).
Neighborhood commercial districts are as follows:
1.
C-1
2.
PCC-1
(Ord. No. 808, 9/2/76)
Neighborhood commercial district
Planned neighborhood commercial center district
Sec. 2-802.
Permitted uses.
Permitted uses in the C-1 neighborhood commercial districts and the PCC-1 planned
neighborhood commercial center districts are:
1.
All uses permitted in the CCR district, Sections 2-702 to 2-704 of this ordinance.
Any uses requiring a use permit in the CCR district shall be permitted without a
use permit in the C-1 and PCC-1 districts, except hereinafter specified;
2.
Neighborhood services, including the following:
a.
Blueprinting, photostating, and similar copying services;
b.
Bookstores, newsstands;
c.
Catering establishment;
d.
Diaper service;
e.
Mortuary;
f.
Museum, private;
g.
Nurses agency;
h.
Parking lot, commercial;
i.
Private schools, business or other;
j.
Repairing of personal articles and small household appliances;
2-41
3.
k.
Theaters, indoor; and
l.
Travel bureau.
Neighborhood commercial uses, including the retailing and rental of the following:
a.
Athletic goods;
b.
Flowers and indoor plants;
c.
Food and beverages including restaurants with drive-through windows, and
milk distribution stations;
d.
Household and business goods, appliances and fixtures;
e.
Packaged liquors; drive-through windows are permitted;
f.
Personal articles, select and variety merchandise; and
g.
Pets, but not including kennel facilities.
Sec. 2-803.
The following uses are permitted subject to a use permit as follows:
1.
Antique stores with less than four thousand (4,000) square feet in gross floor area;
2.
Cemeteries, mausoleums, and crematoriums;
3.
Entertainment as accessory for restaurant facilities;
4.
epileptic, drug or alcoholic patients; institutions of an educational, religious, or
philanthropic nature; homes for the aged, without cooking facilities in the
individual dwelling units;
5.
Service stations, in accordance with the following regulations:
a.
Repair of motor vehicles shall not include painting, upholstering, body and
fender work, dismantling and over-hauling;
b.
Accessory businesses are prohibited;
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c.
d.
The service station site shall be located at the intersection of arterial streets
and shall comply with the following:
(1)
The site shall have a minimum width and a minimum length of one
hundred and fifty (150) feet measured from the street property line;
(2)
Pump islands shall be located at least thirty (30) feet from the street
property line;
(3)
Outside display, either permanent or temporary, of tires, oil, and
other auxiliary items for sale shall be permitted only if located on
the pump islands or at least forty (40) feet from the street property
line. No more than one display rack for each type of item is
permitted;
(4)
All street perimeters of the site, except for areas occupied by
buildings and points of ingress and egress shall be planted with a ten
(10) foot minimum width of landscaping materials on site; interior
perimeters shall be planted with a six (6) foot minimum width of
landscaping materials; and
(5)
A six (6) foot brick, slump block, or masonry wall with stucco or
mortar wash finish shall be constructed along all interior property
lines, except access points to other commercial development;
Design of the station building and site shall be compatible with the type of
development in or anticipated in the nearby areas;
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6.
e.
Overhead bay doors shall not front on or be visible from any public street;
f.
Vehicles and other obstructions may not be parked on any corner lot within
the triangular area formed by the curb lines and a line connecting them at
points thirty-three (33) feet from the intersection of the street lines;
g.
Where existing stations are to be reconstructed, a use permit is required;
h.
Service station structures that ceased to be used for that purpose for at
least one year, shall be considered abandoned. Such abandoned buildings
shall be removed and the underground fuel tanks shall be removed or filled
with inert material;
Uses permitted in the PCC-2 planned general commercial district and the
industrial buffer district (IBD) may be permitted in the PCC-1 district in
conjunction with development plan approvals; and
7.
808.9516, 12/14/95)
Cross reference—See also Sec. 3-101 et seq., landscaping requirements applicable to service stations;
Sec. 1-501 et seq., procedures for amendments in paragraph 5 above.
Sec. 2-804.
Additional regulations, site plan, plan of development.
A.
Sites over one acre in set site area in the C-1 district require site plan approval.
Variances to setbacks, heights and areas, and use permits, may be applied for in conjunction with
the site plan approval.
B.
PCC-1 zoning is contingent upon approval of a general or final plan of
development. Variances to setbacks, heights and areas, and use permits, may be applied for in
conjunction with the general plan of development.
(Ord. No. 808, 9/2/76)
applications, procedures for site plans and P.A.D.s.
2-44
CHAPTER 9
GENERAL COMMERCIAL DISTRICTS
Sec. 2-901.
General commercial districts (PCC-2 and C-2).
General commercial districts are as follows:
1.
C-2
General commercial district
2.
PCC-2 Planned general commercial center district
(Ord. No. 808, 9/2/76)
Sec. 2-902.
Permitted uses in the PCC-2 district.
The permitted uses in the PCC-2 district are as follows:
1.
All uses permitted in the Section 2-802, neighborhood commercial district;
2.
General commercial services, including the following:
3.
4.
a.
Delivery and express offices;
b.
Motor or towed vehicle rental agencies;
c.
Pest control and extermination;
d.
Printing and businesses of a similar nature;
e.
Taxidermist; and
f.
Taxi dispatch station;
General retailing, including the rental and repairing of the following:
a.
The use of greater than four thousand (4,000) square feet gross floor area
for retailing interior decorating supplies, including finishing materials for
interior surfaces, lighting fixtures, window fixtures and fabrics, and new
and used furniture;
b.
Monuments, sales only; and
c.
Plant nursery;
The manufacture of goods to be sold at retail on the premises provided such
manufacturing is plainly incidental to and operated in connection with a use
permitted in this district; and
2-45
5.
Wholesale supplies, including hospital and restaurant equipment.
(Ord. No. 808, 9/2/76)
Sec. 2-903.
Uses permitted subject to a use permit in the PCC-2 district.
The uses permitted subject to a use permit are as follows:
1.
All uses subject to a use permit in the neighborhood commercial district, Section
2-803 of this ordinance;
2.
Bars, cocktail lounges, taverns, discotheques, nightclubs, and similar businesses;
3.
Bath and massage, gymnasium, athletic and health clubs;
4.
Bakery;
5.
Bus terminal;
6.
Carpet or rug cleaning;
7.
Car wash, automatic full service, in accordance with the following regulations:
a.
The car washes may be specifically authorized to sell gasoline at retail to
cars utilizing the car wash;
b.
The gas pumps and overhead bay doors shall be screened from view from
the abutting streets and alleys and from adjoining properties by a six (6)
foot minimum height masonry wall and appropriate landscaping; and
c.
The locations of the driveways, walls, landscaping and buildings shall be so
arranged as to minimize traffic disruptions and to prohibit use of the pumps
for cars not utilizing the car wash;
2-46
8.
Car wash, self-service;
9.
Cleaning and dyeing plants;
10.
Drive-in restaurant;
11.
Drive-in theaters;
12.
Entertainment as an accessory use to a restaurant, bar, cocktail lounge or similar
establishments;
13.
Frozen food lockers;
14.
Heliport, subject to the approval of the Federal Aviation Administration;
15.
Garage, public, excluding body shops;
16.
Mini-warehouses, in accordance with the following regulations:
a.
Doors for the storage areas shall not front on any public streets;
b.
The building or buildings shall be limited to fifteen (15) feet in height; and
c.
Only storage is permitted. No retailing is permitted from these facilities;
17.
Laboratory;
18.
Motor vehicles, mobile homes, towed vehicles or boats, retailing;
19.
Outdoor retailing stands;
20.
Pawn shop;
21.
Recreational or amusement businesses, both indoor and outdoor activities,
including pool halls and penny arcades. A use permit for penny arcades must be
renewed every two (2) years;
22.
Secondhand store;
23.
Seed and feed retailing store;
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24.
Service station accessory business involving the sale or rental of automobiles,
trailers, motorcycles, boats, or other vehicles. Such items must be screened by a
six (6) foot high wall. One item of each category may be openly displayed if
located at least forty (40) feet from the street right-of-way. All other accessory
businesses shall be operated from within the main service station building with no
outside display or storage;
25.
Uses permitted in the (IBD) industrial buffer district, may be permitted in the PCC2 district in conjunction with development plan approvals;
26.
Veterinary offices and clinics; kennels are prohibited; and
27.
8/1/85)
Sec. 2-904.
PCC-2 additional regulations, plan of development.
PCC-2 zoning is contingent upon approval of a general or final plan of development.
Variances to setbacks, heights and areas, and use permits, may be applied for in conjunction with
the general plan of development.
(Ord. No. 808, 9/2/76)
applications, procedures for P.A.D.s.
2-48
Sec. 2-905.
Permitted uses in the C-2 district.
All uses in the C-2 general commercial district require a use permit as provided in Section
2-906.
(Ord. No. 808, 9/2/76; Ord. No. 808.9211, 12/10/92)
Sec. 2-906.
Uses permitted subject to a use permit in the C-2 district.
A.
districts:
All permitted uses and uses permitted subject to a use permit in the following
1.
R/O residence office and CCR convenience commercial-residence districts,
Sections 2-703, 2-704 and 2-705;
2.
C-1 neighborhood commercial district, Sections 2-802 and 2-803; and
3.
PCC-2 planned commercial district, Sections 2-902 and 2-903, and any
expansion of such uses, are uses permitted subject to a use permit in the C2 general commercial district.
B.
Any use not appearing in this ordinance which is similar to and not more
detrimental than the uses permitted herein, as determined by the zoning administrator, may be
permitted in the area upon securing a use permit.
(Ord. No. 808, 9/2/76; Ord. No. 808.9211, 12/10/92)
Sec. 2-907.
C-2 additional regulations, site plan.
Sites of over one acre in net area require site plan approval. Variances and use permits
may be applied for in conjunction with the site plan.
(Ord. No. 808, 9/2/76; Ord. No. 808.9211, 12/10/92)
applications, procedures for site plans.
2-49
CHAPTER 10
CENTRAL COMMERCIAL DISTRICT
Sec. 2-1001. Permitted uses.
The permitted uses in the CCD district are as follows:
1.
Single and multifamily residences in accordance with the provisions of Section
2-201 to 2-210 (general residential district regulations) and Sections 2-301 to
2-305 (agricultural and single family residential districts). Yard, height, area and
density requirements of Section 2-603 apply to the CCD district.
(Ord. No. 808, 9/2/76)
Sec. 2-1002. Uses permitted subject to a use permit.
A.
districts:
All permitted uses and uses permitted subject to a use permit in the following
1.
R/O residence office and CCR convenience commercial-residence districts,
Sections 2-703, 2-704 and 2-705;
2.
C-1 neighborhood commercial district, Sections 2-802 and 2-803; and
3.
PCC-1 planned commercial district, Sections 2-902 and 2-903, and any
expansion of such uses, are uses permitted subject to a use permit in the C2 general commercial district.
B.
detrimental than the uses permitted herein, as determined by the zoning administrator, may be
permitted in the area upon securing a use permit.
Sec. 2-1003. Additional regulations, site plan.
A.
Modifications to building heights, setbacks or areas may be applied for in
conjunction with the site plan.
B.
Sites one-half (1/2) acre or over in net site area in the CCD district require site
plan approval. Variances and use permits may be applied for in conjunction with the site plan.
(Ord. No. 808, 9/2/76)
applications, procedures for site plans.
2-50
CHAPTER 11
MULTI-USE GENERAL DISTRICT
The permitted uses in the MG district are as follows:
1.
Barber shops or beauty salons;
2.
Book, stationery, and office supply stores;
3.
Camera shops or photo studios;
4.
Candy, tobacco and newspaper;
5.
Clothing cleaning pickup stations;
6.
Computer centers;
7.
Day care centers;
8.
Drug and medical equipment supply stores and pharmacies;
9.
Financial institutions with or without drive-through windows;
10.
Flower or indoor plant shops;
11.
General medical or dental offices;
12.
Gift, craft, and jewelry shops and art galleries;
13.
Health or physical fitness clubs;
14.
Hotels and motels;
15.
Industrial, scientific or business research, development, and testing laboratories;
16.
Medical or dental clinics;
17.
Men's and women's clothing and accessories shops;
18.
Multifamily dwellings;
19.
Package liquor, beer and wine stores;
20.
Parking garages serving tenants and visitors;
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21.
Restaurants, bars and cocktail lounges;
22.
Theaters, indoor; and
23.
Travel bureaus.
Any use similar to, and not more detrimental than the uses permitted herein, as determined
by the zoning administrator, may be permitted in the area upon securing a use permit.
(Ord. No. 808.175, 2/19/81)
applications, procedures for site plans and P.A.D.s.
ZA opinion—Sun tanning salons, where allowed, parking (6/23/87).
Sec. 2-1102. Yard, height, area and density requirements.
In addition to the yard, height, area and density requirements of Section 2-603, the
following apply:
The floor area ratio (FAR), which is the total building gross floor area divided by the net
site area, shall not exceed 3.0.
(Ord. No. 808, 9/2/76; Ord. No. 808.175, 2/19/81)
Sec. 2-1103. Additional information and requirements.
A.
All applications for MG district zoning require P.A.D. approval.
B.
In addition to the submittals and approvals stated in the P.A.D. procedures, the
following are required:
1.
Pre-Application Conference: Each prospective applicant shall confer with
the zoning administrator in connection with the preparation of the
application prior to the submission of such application. At this conference,
the following basic information and date provided by the applicant shall be
considered:
a.
The boundaries of the property;
b.
Existing easements and covenants affecting the property;
c.
Land characteristics, such as natural drainage, storm water
retention, topography and soils;
2-52
d.
Land use of adjacent properties including use, building height and
architectural or natural character.
Ground level and aerial
photographs shall be provided where possible;
e.
Development characteristics, and their impact on surrounding
streets, existing buildings, available community sewer, water and
other utilities;
f.
The proposed layout, including the location and extent of the
various types of service and residential uses, parking and access,
open space and other community facilities; and
g.
Requirements and schedule for future submittals;
2.
Traffic Impact Analysis: An analysis of the proposed development's impact
on current and future traffic flows shall be prepared by a qualified traffic
engineer. This analysis shall be submitted with the preliminary plan to the
planning commission;
3.
Final Plan: The final plan shall be submitted to the commission for review
and recommendations prior to city council action. A public hearing is
required at this review; and
4.
Development Schedule: A time schedule of the significant events in the
development and construction of the project shall be submitted with the
final plan. This schedule will be used to evaluate substantial construction
work in accordance with subsection D below.
C.
Design Review: The project shall be submitted to and reviewed by the city's
design review board in accordance with the rules and procedures of that board prior to
consideration of the final plan by the commission.
D.
If a valid building permit has not been issued and if substantial construction work
in accordance with the approved P.A.D. and the development schedule submitted with it has not
commenced within two (2) years of the approval of the zoning change to the MG district by the
city council, the property shall automatically revert by operation of law to the zoning district
existing on the property prior to its classification to the MG district. Upon written request of the
applicant citing sufficient compelling reasons the city council may extend this time limit for a
period of one year.
(Ord. No. 808.175, 2/19/81)
Cross reference—See also Sec. 1-501 et seq., applications, procedures for site plans and P.A.D.s.
2-53
CHAPTER 12
REGIONAL COMMERCIAL CENTER DISTRICT
The permitted uses in the RCC district are as follows:
1.
Art galleries;
2.
Automotive parts and accessories, retailing only;
3.
Barber shops and beauty salons;
4.
Book, stationery and office supply stores;
5.
Day care centers;
6.
Drug stores and medical equipment;
7.
Dry cleaners and pick-up stations;
8.
Electronic goods, including but not limited to, sales of telephonic, stereo, video
and computer;
9.
Financial institutions with or without drive-through windows;
10.
General retail, including but not limited to:
a.
Athletic and sporting goods;
b.
Camera shops and photo studios;
c.
Candy, tobacco and newspapers;
d.
Clothing and accessories;
e.
Flower and indoor plant shops; and
f.
Gift, craft and jewelry shops;
11.
Grocery stores;
12.
Health and fitness clubs;
13.
Hospitals, medical or dental clinics;
2-54
14.
Hotels and motels;
15.
Offices--general, real estate, medical or dental;
16.
Package liquors, beer and wine;
17.
Private parking facilities;
18.
Public facilities including fire and police stations;
19.
Restaurants (including drive-throughs) and bars without entertainment (may
include outdoor dining areas);
20.
Theaters, indoor, except adult theaters;
21.
Travel bureaus; and
22.
Veterinary clinics without boarding.
(Ord. No. 808.9606, 4/25/96)
Sec. 2-1202. Uses permitted subject to a use permit.
The uses permitted in the RCC district subject to a use permit are as follows:
1.
Bars, nightclubs and restaurants with entertainment;
2.
Car wash, automatic or self-service;
3.
Garages, except body shops;
4.
Heliport;
5.
Motor vehicles, towed vehicles or boats, retailing or leasing;
6.
Service stations and convenience stores with gas pumps; and
7.
Any use not appearing above which is similar to and not more detrimental than the
use permitted above as determined by the zoning administrator, may be permitted
in the area upon securing a use permit.
(Ord. No. 808.9606, 4/25/96)
2-55
Sec. 2-1203. Additional information and regulations.
RCC zoning is contingent upon approval of a P.A.D.
(Ord. No. 808.9606, 4/25/96)
2-56
CHAPTER 13
INDUSTRIAL DISTRICTS
Sec. 2-1301. Purpose.
A.
The industrial districts are designed to provide for industrial business involved in
research, warehousing, wholesaling, and manufacturing. The facilities range in degree of intensity
from administrative and research institutions to bulky assembly and concentrated productivity.
The industrial districts purport to embrace the wide gamut of industrial uses, as expressed below:
1.
Industrial buffer (IBD) district: Administrative and research industries,
offices, and limited manufacturing to provide opportunities for employment
for and protection to neighborhood residential areas;
2.
Light industrial district (I-1) and general industrial (I-2) districts:
Warehousing, wholesaling, assembling and manufacturing of building
materials, machinery and other commodities to provide employment
centers and production within planned developments; and
3.
Heavy industrial district (I-3): Intensive manufacturing, fabricating and
storage to provide for concentrated industrial uses.
(Ord. No. 808, 9/2/76)
Sec. 2-1302. General regulations.
A.
All uses shall comply with the regulations of Sections 2-202 to 2-210 of this
ordinance, where applicable.
B.
The following restrictions shall be complied with in the IBD and I-1 districts:
1.
Required yards fronting on a public street shall be entirely landscaped
except for necessary driveways and walkways;
2.
All loading and service bays shall not front on a public street;
3.
Parking areas and maneuvering areas shall not be located in any required
yard fronting on a public street;
4.
Displays are prohibited in any required yards fronting on a public street;
5.
Outdoor storage is prohibited in any required yards; and
6.
All buildings must be of reinforced concrete or masonry construction.
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C.
The following restrictions shall be complied with in the I-2 district:
1.
Parking and maneuvering areas shall not be located in the first ten (10) feet
adjacent to any street property line; and
2.
The first ten (10) feet on-site adjacent to any street property line shall be
entirely landscaped except for necessary driveways and walkways.
(Ord. No. 808, 9/2/76; Ord. No. 808.42, 2/9/78)
ZA opinion—Special event auto sales, guidelines (1/25/94); motor vehicle service, repair no use permit in
I-1 to I-3 (4/1/88); veterinary clinic use permit (1/14/88); outdoor retailing stands (11/30/94, 5/7/98); escort service
is included in definition of adult-oriented business; use is limited to industrial zoning districts (8/1/95); charter
schools (8/24/98).
2-58
CHAPTER 14
INDUSTRIAL DISTRICT REGULATIONS
Sec. 2-1401. Permitted uses in the IBD district.
The permitted uses in the IBD district are as follows:
1.
Computer centers;
2.
Electronic instruments and devices, assembling and manufacturing;
3.
General office buildings;
4.
Industrial, scientific, or business research, development and testing laboratories
and offices;
5.
Medical and dental office buildings and clinics;
6.
Motion picture studios;
7.
Residence of a caretaker or operator employed on the premises; such residence
may include the family of the caretaker;
8.
Retail commercial operations directly related to the primary industrial use may be
permitted, provided that they do not exceed ten percent (10%) of the gross floor
area of the primary industrial use; and
9.
Temporary construction offices and shed, appurtenant signs and storage incidental
to a construction project only for the duration of such project, not to exceed
eighteen (18) months.
(Ord. No. 808, 9/2/76; Ord. No. 808.42, 2/9/78)
Cross reference—See also Sec. 3-101 et seq., regulations which apply to all industrial districts on
Sec. 2-1402. Uses permitted in the IBD district subject to a use permit.
The uses permitted in the IBD district subject to a use permit are as follows:
1.
Retail commercial operations directly related to the primary industrial use, may
exceed ten percent (10%) of the gross floor area upon securing a use permit; and
2.
A mobile home or trailer as a residence for a caretaker or operator employed on
the premises. The residence may include the family of the caretaker.
(Ord. No. 808, 9/2/76; Ord. No. 808.42, 2/19/78)
2-59
Sec. 2-1403. Uses permitted in the I-1 and I-2 districts.
The uses permitted in the I-1 and I-2 districts are:
1.
Adult-oriented businesses;
2.
All uses permitted in the IBD districts in Section 2-1401 above;
3.
All uses permitted may include wholesaling, repairing, storage, and rental
activities, except as specified in Sections 2-1403 through 2-1406 of this ordinance;
4.
Farming, landscaping and agricultural supplies and equipment, wholesaling and
storage;
5.
Manufacture, compounding, assembling or treatment of articles of merchandise
from the following previously prepared materials: bond, cellophane, canvas, cloth,
cork, feathers, felt, fiber, fur, glass, hair, horn, rubber, leather, paper plastics,
precious or semi-precious metals or stones, shell, straw, textiles, tobacco, wood,
wool, yarn; except as hereinafter specified;
6.
Manufacture, compounding, processing, packaging, bottling, or treatment of such
products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes,
pharmaceutical, soap, toiletries, beverage and food products, and other personal
articles and household goods;
7.
Manufacture, fabrication, or assembly, including contractor's facilities, of building
materials and construction equipment, acoustical material, air conditioners, heating
and ventilating equipment, bolts, cement and concrete products, ceramics,
decorative metals and wrought iron, doors, drills, fences, fire escapes, hardware
and machine tools, insulation, lumber yards, machines, nuts, paving and road
building equipment, plaster, plastics, plumbing supplies and sewer pipes, pumps,
scaffolds, screens, screws, tile, welding equipment, windows; or other similar
items;
8.
Manufacture of instruments, toys, novelties, rubber and metal stamps, cameras,
and photographic equipment, business and household machines and appliances;
9.
Manufacturing, processing and assembly of malleable metals, signs, monuments,
industrial machinery and carbonic ice;
10.
Mini-warehouses, for storage purposes only. No retailing is permitted from these
facilities;
11.
Public utility plants and storage;
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12.
permitted, provided they do not exceed ten percent (10%) of the gross floor area
in the I-1 district, or fifteen percent (15%) of the gross floor area in the I-2 district;
13.
Spraying supplies equipment wholesaling and storage;
14.
Towed or motor vehicle assembling, repairing including body and fender shops;
15.
Truck, bus, and heavy equipment garages, dispatching and weighing stations; and
16.
Warehouses and distribution centers.
(Ord. No. 808.42, 2/9/78; Ord. No. 808, 9/2/76; Ord. No. 808.9403, 2/17/94)
Cross reference—See also Sec. 2-1501 et seq., adult-oriented businesses.
Sec. 2-1404. Uses permitted in the I-1 and I-2 districts subject to a use permit.
The uses permitted in the I-1 and I-2 districts subject to a use permit are:
1.
Animal kennels and hospitals;
2.
Any retail or commercial use not specifically stated in Section 2-1401 or Section
2-1402, but permitted in a service district:
a.
R/O or CCR, Sections 2-701, et seq.;
b.
C-1 or PCC-1, Sections 2-801, et seq.;
c.
PCC-2 or C-2, Sections 2-901, et seq.;
d.
CCD, Sections 2-1001, et seq.; or
e.
MG, Sections 2-1101 et seq.
may be permitted in the I-1 or I-2 district upon securing a use permit;
3.
Ball bearing manufacturing;
4.
Boxes or cabinets, manufacturing;
5.
Chocolate and cocoa products manufacturing;
6.
Coffee roasting;
7.
Feed (grains) manufacturing and processing;
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8.
Flour and grains mills, storage and elevators;
9.
Fuel distributing station, gasoline (bulk plant);
10.
Ice manufacturing and storage;
11.
Meat packing and smoking; slaughtering prohibited except for rabbits and poultry;
12.
Paint and varnish manufacturing;
13.
Petroleum products, packaging and storage, including butane distributors, subject
to fire department approval;
14.
Retail commercial operations directly related to the primary industrial use may
exceed ten percent (10%) of the gross floor area of the primary industrial use in
the I-1 district, or fifteen percent (15%) in the I-2 district, upon securing a use
permit;
15.
Septic tank, cesspool servicing or cleaning-equipment yard;
16.
Stadiums;
17.
Trailer or mobile home for the residence of a caretaker employed by the business
operating on the same site;
18.
Wood products, manufacturing, bulk; and
19.
Any use similar to, and not more detrimental than the uses permitted herein, as
determined by the zoning administrator, may be permitted in the area upon
securing a use permit.
(Ord. No. 808, 9/2/76)
Sec. 2-1405. Uses permitted in the I-3 district.
The uses permitted in the I-3 district are as follows:
1.
All uses permitted in the I-1 and I-2 districts above in Sections 2-1403 and 2-1404;
2.
Automobile parts, supplies, salvage, or wrecking;
3.
Cement and paving material mixing plant;
4.
Exterminator and insect poison, manufacturing;
5.
Foundry casting light-weight, nonferrous metal, not causing noxious odors or
fumes;
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6.
Gasoline and petroleum bulk storage tanks;
7.
House-movers, equipment, storage or wrecking yards;
8.
Junkyards;
9.
Manufacture of brick and all clay, cinder, concrete, synthetic, cast stone, plastic
and pumice stone products;
10.
Metals crushing for salvage;
11.
Millwork (woodworking, manufacturing);
12.
Planing mills;
13.
Plating works, bulk (galvanizing);
14.
Railroad yards, shop or roundhouse;
15.
permitted, provided they do not exceed twenty percent (20%) of the gross floor
area;
16.
Rock crushing;
17.
Sand blasting yard;
18.
Seed treatment, processing, extraction of oil;
19.
Sewage disposal or treatment plant;
20.
Steel fabrication (plate, structural, miscellaneous, iron, reinforcing);
21.
Storage yards, bulk material; and
22.
Tanks, fabrication.
(Ord. No. 808, 9/2/76)
Sec. 2-1406. Uses permitted in the I-3 district subject to a use permit.
The uses permitted in the I-3 district subject to a use permit are:
1.
Any use similar to, and not more detrimental than the uses permitted above as
determined by the zoning administrator, may be permitted in the area upon
securing a use permit;
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2.
A mobile home or trailer as a residence for a caretaker or operator employed on
the premises. The residence may include the family of the caretaker;
3.
Any retail or commercial use not specifically stated in Section 2-1401 or Section
2-1402, but permitted in a service district:
a.
R/O or CCR, Sections 2-701, et seq.;
b.
C-1 or PCC-1, Sections 2-801, et seq.;
c.
PCC-2 or C-2, Sections 2-901, et seq.;
d.
CCD, Sections 2-1001, et seq.; or
e.
MG, Sections 2-1101 et seq.
may be permitted in the I-3 district upon securing a use permit;
4.
Circuses, carnivals, tent shows, including religious revivals, and music festivals;
except for such temporary uses provided in Section 5-2 of the Tempe City Code
on special or outdoor event permits;
5.
Extraction of sand, gravel and other natural resources;
6.
Landfills subject to the following conditions:
a.
The finished elevation, including the final cover, shall not exceed the
natural existing adjacent grade; and
b.
No material shall be added to a landfill existing at the time this ordinance
takes effect, except for the final cover; and
7.
Retail commercial operations directly related to the primary industrial use may
exceed twenty percent (20%) of the gross floor area, upon securing a use permit.
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The yard, height, area and density requirements are as shown in the following chart.
(Ord. No. 808, 9/2/76; Ord. No. 808.42, 2/9/78)
DISTRICT
IBD
I-1
I-2
I-3
30 (a)
30(a)
35 (a)
35 (a)
Max. Site Bldg. Coverage
40
50
-
-
Min. Yard
Setback
in Feet (a)
Front
50
30
25
25
Side
12
12
-
-
Rear
12
12
-
-
Street Side
35
30
15
15
Max. Height in feet
(a)
Where multistory building heights exceed 15' feet and are located adjacent to any residential
district, the same additional setback shall be required as specified in Section 2-404. Where
there exists no required setback, a minimum of 25' shall be required for such situations.
ZA opinion—Setbacks for parking canopies (11/16/98)
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CHAPTER 15
ADULT-ORIENTED BUSINESSES
It is recognized that there are some uses which, because of their very nature, are
recognized as having serious objectionable operational characteristics, particularly when several
such uses are concentrated under circumstances having a deleterious effect upon the use and
enjoyment of adjacent areas. Special regulation of these uses is necessary to insure that these
adverse secondary effects will not contribute to the blighting or downgrading of the existing
surrounding neighborhood. These special regulations are itemized in this section. The purpose of
the regulation is to promote the health, safety, and general welfare of the citizens of the city by
preventing a concentration of these uses in any one area. It is not the intent of this ordinance to
restrict or deny access by adults to sexually oriented materials protected by the First Amendment,
or to deny access by the distributors and exhibitors of sexually oriented entertainment to their
intended market. Further, it is not the intent of this ordinance to permit any use or act which is
otherwise prohibited or made punishable by law.
2/17/94)
Cross reference—See also Sec. 1-202 et seq., definition of adult-oriented business, adult arcade, adult
bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult novelty store, adult
theater, escort, escort agency, nude model studio, nudity/state of nudity, sexual encounter center, specified
anatomical areas and specified sexual activities.
City code reference—See TCC §16A-56, escort definitions and rules; TCC §16A-112 et seq., adultoriented businesses.
Sec. 2-1502. Locational requirements.
Adult-oriented businesses are subject to the following locational requirements:
1.
No adult-oriented business shall be operated or maintained within one thousand
(1,000) feet of a residentially zoned district or be located within one thousand
(1,000) feet of any other adult-oriented business. For the purpose of this
subsection, all adult-oriented businesses with a common owner and building
entrance shall be considered a single adult-oriented business; and
2.
No adult-oriented business shall be operated or maintained within one thousand
(1,000) feet of a public park, church, synagogue or temple, a state-licensed child
care facility, any elementary or secondary school, library, public community
building or public or private recreational facility where minors are permitted; and
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3.
The distance limitations in this subsection shall be measured as the shortest
horizontal line between the property lines of the relevant property involved. This
measurement shall exclude any public right-of-way.
2/17/94)
Sec. 2-1503. Operational requirements.
Any adult-oriented business shall comply with the following requirements:
1.
For the prevention of the spread of sexually transmitted disease, no partitions
between subdivisions of a room, portion or part of a building, structure or
premises may have an aperture which is designed or otherwise constructed to
permit sexual activity between persons on either side of the partition;
2.
No booths, stalls, or partitioned portions of a room, or individual rooms, used for
the viewing of motion pictures or other forms of entertainment, shall have doors,
curtains or portal partitions, but all such booths, stalls, partitioned portions of a
room, or individual rooms so used shall have at least one side open to an adjacent
public room so that the area inside is visible to persons in the adjacent public
room. All such described areas shall be lighted in such a manner that the persons
in the areas used for viewing motion pictures or other forms of entertainment are
visible from the adjacent public rooms, but such lighting shall not be of such
intensity as to prevent the viewing of the motion pictures or other offered
entertainment:
a.
The words "booth, stalls, partitioned portions of a room or individual
rooms" mean such enclosures as are specifically offered to the public or
members of that establishment for hire or for a fee as part of a business
operated on the premises which offers as part of its business the
entertainment to be viewed within the enclosure; which shall include,
without limitation, such enclosures wherein the entertainment is dispensed
for a fee, but a fee is not charged for mere access to the enclosure;
b.
The words "booths, stalls, partitioned portions of a room or individual
rooms" do not mean such enclosures that are private offices used by the
owners, managers or persons employed on the premises for attending to
the tasks of their employment, which enclosures are not held out to the
public or members of the establishment for hire or for a fee or for the
purpose of viewing entertainment for a fee, and are not open to any
persons other than employees;
c.
The words "doors, curtains or portal partitions" mean full, complete,
nontransparent closure devices through which one cannot see or view the
activity taking place within the enclosure; and
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d.
The words "open to adjacent public room so that the area inside is visible
to persons in the adjacent public room" shall mean either the absence of
any "door, curtain or portal partition" or a door or other device which is
made of clear, transparent material such as glass, plexiglass or other such
material meeting building code and safety standards, extending from the
floor to the top of the door frame, exclusive of the door or device framing
itself, so that the activity inside the enclosure may be viewed or seen by
persons outside the enclosure.
2/17/94)
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CHAPTER 16
RIO SALADO OVERLAY DISTRICT
The purpose of the Rio Salado overlay district is to accomplish the objectives of the
specific plan referred to as the "Tempe Rio Salado Plan" as adopted by the city council. This
district is necessary to provide an opportunity for a smooth transition from the character of the
Rio Salado Project to those uses greatly different in character which are located on lands adjacent
to the project area.
(Ord. No. 808, 9/2/76)
.
A.
All uses shall comply with the regulations of the underlying zoning.
B.
Where the regulations for this district differ from those of the underlying zoning
the more restrictive provisions shall apply.
C.
The city's design review ordinance shall apply to all property within the Rio Salado
overlay district.
D.
The Rio Salado commission shall be notified of all requests for zoning changes,
use changes or variances, and proposals for construction or major alteration of buildings or site
work and be given this opportunity for comment and recommendation prior to formal city action,
and shall respond within ten (10) working days of receipt by the city. If the Tempe Rio Salado
advisory commission does not respond within the prescribed time period, the lack of a response
shall not be considered as supporting or opposing the project, but only as declining the
opportunity to comment. The Rio Salado commission may delegate to its standing committee,
the project review committee, all or part of these responsibilities for comment or
recommendation.
E.
Site plans of any underlying zoning in the Rio Salado overlay district may be
submitted by the owner for site plan approval in accordance with the procedures outlined in
Section 1-505 of this ordinance on site plans. Variances and use permits may be applied for in
conjunction with the site plans.
F.
Development proposals will be evaluated by the Tempe Rio Salado advisory
commission, board of adjustment, planning and zoning commission or city council in accordance
with the overall intent of the following Tempe Rio Salado Plan objectives with major emphasis on
but not limited to:
1.
Encourage the optimum development of land along the Salt River
including: residential, commercial or industrial, open space, transportation
and circulation, public facilities and services and adjoining land uses;
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2.
Promote the development of recreational facilities; and
3.
Combine flood control with environmental design including the integration
of lakes, ponds and streams.
(Ord. No. 808, 9/2/76)
City code reference—See TCC §11-1 et seq., design review.
Sec. 2-1603. Use regulations.
A.
All uses permitted in the underlying district, including uses permitted subject to use
permits are similarly permitted in the Rio Salado overlay district except the following prohibited
uses:
1.
Billboards;
2.
Abattoirs, stockyards and rendering plants;
3.
Junkyards, wrecking yards and salvage yards; and
4.
Adult-oriented businesses.
B.
In the granting of use permits, the hearing officer, board of adjustment and city
council must find that the proposed use is compatible with the overall intent of the Tempe Rio
Salado Plan.
(Ord. No. 808, 9/2/76)
All development must conform to the requirements of the underlying zoning.
(Ord. No. 808, 9/2/76)
The following additional requirements apply:
1.
The required landscaping shall be a minimum of twenty percent (20%) of the net
site area for residential and service districts, and twenty percent (20%) of the total
ground floor area of buildings located on the property or ten percent (10%) of the
net site area of the property, whichever is greater, in all industrial districts;
2.
All trees on site shall be a minimum of fifteen (15) gallon;
3.
Ungrassed areas shall have a minimum of thirty percent (30%) vegetative ground
cover;
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4.
All outdoor storage areas for materials, trash, mechanical equipment, vehicles or
other similar items shall be screened from view by a masonry wall, a minimum of
six (6) feet high, but not to exceed ten (10) feet in height, constructed of or
finished with materials to match the main building of the site. This wall shall
screen such items so they are not visible to a person six (6) feet tall standing on
any part of the adjacent property, public street, park, sidewalk, bikeway or
equestrian trail at an elevation equal to the highest finish grade of the storage area.
Vehicles including construction equipment are considered screened by a ten (10)
foot wall if no part of the vehicle exceeds thirteen (13) feet six (6) inches in height;
5.
The maximum grading of required retention areas shall not exceed a slope of four
(4) to one in industrial areas and five (5) to one areas used for residential and
recreational purposes;
6.
The first ten (10) feet of on-site street frontage landscaping shall not be used for
retention purposes; and
7.
Flood control access zones in the district are:
a.
Zone "A": No objects or structures of any kind that would impede the
motion of a maintenance vehicle are permitted in the fifteen (15) feet
closest to the channel on either the levee or terrace as shown above;
b.
Zone "B": Only landscaping and removable benches, ramadas or similar
equipment that are approved by both the Flood Control District of
Maricopa County and the city are permitted either in the ten (10) feet
adjacent to the levee when the backfill is even with the top of the levee or
the fifteen (15) feet adjacent to the base of the levee when the backfill is
below the top of the levee as shown above. Replacement of any structural
or landscape features within Zone "B" that are damaged as a result of
emergency maintenance activities by the Flood Control District of
Maricopa County shall be the sole responsibility of the owner or lessee of
the site on which the features are located; and
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c.
When the backfill is above the top of levee, Zone "A" restrictions apply,
but there are no Zone "B" restrictions on objects or structures with regard
to maintenance vehicle access.
(Ord. No. 808, 9/2/76)
Cross reference—See also Sec. 1-501 et seq., applications, procedures for site plans and P.A.D.s.; Sec.
3-101 et seq., landscaping regulations; Sec. 4-101 et seq., off-street parking; Sec. 5-101 et seq., signs.
City code reference—See TCC sections on bikeways; TCC §11-1 et seq., design review; TCC §12-16 et
seq., flood control; TCC §12-56 et seq., storm water retention.
Sec. 2-1606. Boundaries.
The location and boundaries of the Rio Salado overlay district are established as shown on
the map entitled "Zoning Map, City of Tempe, dated September 2, 1976, as amended.
(Ord. No. 808, 9/2/76)
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CHAPTER 17
SOUTHWEST TEMPE OVERLAY DISTRICT
The purpose of the southwest Tempe overlay district is to accomplish the objectives of the
General Plan referred to as the "Southwest Tempe General Plan" as adopted by the city council.
This district is necessary to provide an opportunity for intense development with very high
standards, using repetitive unique unifying elements.
(Ord. No. 808, 9/2/76)
A.
All uses shall comply with the minimum regulations of the underlying zoning.
B.
Where the regulations for the overlay district differ from those of the underlying
zoning the more restrictive regulations shall apply.
C.
district.
The city's design review ordinance shall apply to all property within the overlay
D.
Any sites of any underlying zoning in the southwest Tempe overlay district shall be
submitted by the owner for site plan approval in accordance with the procedure outlined in
Section 1-505 of this ordinance on site plans. Variances and use permits may be applied for in
conjunction with the site plans.
E.
Development proposals shall be evaluated by the board of adjustment, planning
and zoning commission or city council in accordance with the overall intent of the following
Southwest Tempe General Plan objectives with major emphasis on but not limited to:
1.
Encouraging the optimum development of land along the I-10 freeway and
in the southwest portion of the city, thus promoting the development of a
regional shipping center, major auto mall and other major retail uses. Such
activities should be located in a master planned development adjacent to
the I-10 freeway;
2.
Vehicular access to any individual automotive dealership should be from
non-arterial streets;
3.
The overall site design of any individual automotive dealership, its
buildings, parking areas, access points and signage should not adversely
affect the present or potential development of nearby sites (either
residential or commercial) or the traffic pattern on nearby streets;
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4.
Sites for individual dealership should be of sufficient size to provide for
adequate visitor and employee parking, external display of vehicles for sale
and appropriate buffering of repair operations;
5.
Spot or strip zoning patterns or uses should be discouraged;
6.
Used vehicles should be sold only in conjunction with new car sales; and
7.
Stabilizing the economic base of the city.
(Ord. No. 808, 9/2/76; Ord. No. 808.9006, 8/9/90)
A.
All uses permitted in the underlying district, including uses permitted subject to use
permits, are similarly permitted in the southwest Tempe overlay district, except as provided
herein.
B.
regulations:
C.
Automotive dealerships shall be developed in accordance with the following
1.
Activity shall be located in a master planned development located adjacent
to the I-10 freeway; and
2.
A master planned development for automotive sales shall include the
following:
a.
Multiple dealerships sharing entrance features and common access;
b.
Unifying landscaping, street trees and other common elements; and
c.
Provisions for areas to test drive vehicles away from unrelated city
traffic and local residential streets.
The following are prohibited uses:
1.
Billboards;
2.
Abattoirs, stockyards and rendering plants;
3.
Junkyards, wrecking yards and salvage yards; and
4.
Sand and gravel excavating operations.
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D.
In the granting of use permits the hearing officer, board of adjustment and city
council must find that the proposed use is compatible with the overall intent of the Tempe General
Plan 2020.
(Ord. No. 808, 9/2/76; Ord. No. 808.9006, 8/9/90)
Sec. 2-1704. Special regulations, building design.
A.
All main buildings or primary structures shall be designed by an architect registered
in the State of Arizona. This shall include preliminary, conceptual as well as final plans.
B.
The applicant shall provide the city with sufficient architectural, landscaping and
site details at the time of original submittal for the city to judge the quality of the project.
C.
All industrial buildings shall conform to the I-1 industrial zoning district
requirements except setbacks and height.
(Ord. No. 808, 9/2/76)
Sec. 2-1705. Improvements to be provided by the developer within the arterial street
right-of-way.
The improvements to be provided by the developer within the arterial street right-of-way
are as follows:
1.
All normal improvements required by the city public works department; and
2.
Unique sidewalk or bike path treatment, street lights, street signs, street furniture,
landscaping, crosswalk intersection details as specified on plans on file in the
public works department. The theme for the area is modern.
(Ord. No. 808, 9/2/76)
Sec. 2-1706. Special details and capital improvements to be provided by the city at city
expense.
The special details and capital improvements to be provided by the city at the city's
expense are as follows:
1.
Boulevards as designated by the city council;
2.
Area gateways;
3.
Unique traffic control signs; and
4.
Pavement markings or designs.
(Ord. No. 808, 9/2/76)
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Sec. 2-1707. Improvements to be perpetually maintained by the developer within the
arterial street right-of-way.
The improvements to be perpetually maintained by the developer within the arterial street
right-of-way are as follows:
1.
Unique sidewalk or bikepath;
2.
Street furniture; and
3.
Landscaping.
(Ord. No. 808, 9/2/76)
All development must conform to the requirements of the underlying zoning except a
twenty-five (25) foot increase in the maximum allowable building height shall apply in all zoning
districts west of Kyrene Road.
(Ord. No. 808, 9/2/76)
The following additional requirements apply:
1.
The required landscaping shall be a minimum of twenty percent (20%) of the net
site area for residential and service districts;
2.
The required landscaping shall be a minimum of twenty percent (20%) of the total
ground floor area of buildings located in the property or ten percent (10%) of the
net site area of the property, whichever is greater, in all industrial districts;
3.
All trees on site shall be a minimum of fifteen (15) gallon;
4.
Ungrassed areas shall have a minimum of thirty percent (30%) vegetative ground
cover;
5.
All outdoor storage areas for materials, trash, mechanical equipment, vehicles or
other similar items shall be screened from view by a masonry wall, a minimum six
(6) feet high, but not to exceed ten (10) feet in height, constructed of or finished
with materials to match the main building on the site. This wall shall screen such
items so they are not visible to a person six (6) feet tall standing on any part of the
adjacent property, public street, park, sidewalk, bikeway or equestrian trail at an
elevation equal to the highest finish grade of the storage area. Vehicles including
construction equipment are considered screened by a ten (10) foot wall if no part
of the vehicle exceeds thirteen (13) feet six (6) inches in height;
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6.
A minimum twenty-five (25) foot landscape strip shall be provided between
parking areas and the right-of-way;
7.
The maximum grading of required retention areas shall not exceed a slope of four
(4) to one in industrial areas and five (5) to one for areas used for residential and
recreational purposes; and
8.
The first ten (10) feet of on-site street frontage landscaping shall not be used for
retention purposes.
(Ord. No. 808, 9/2/76)
Cross reference—See also Sec. 3-101 et seq., landscaping regulations; Sec. 4-101 et seq., off-street
seq., flood control; TCC §12-56 et seq., storm water retention; TCC §20-1 et seq., noise.
ZA opinion—Required front and street side yard landscape for southwest Tempe overlay district
(2/14/95).
The location and boundaries of the southwest Tempe overlay district are established as
shown on the map entitled "Zoning Map, City of Tempe, dated September 2, 1976, as amended.
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CHAPTER 18
I-1, I-2, C-1 OVERLAY DISTRICT
The purpose of the I-1, I-2, C-1 overlay district is to provide a smooth transition from I-1,
I-2 and C-1 zoning districts which are adjacent to or separated only by an alley, tract, canal or
easement from a one family residential district (excluding AG, agricultural). Projects in the I-1,
I-2 and C-1 zoning districts will be reviewed to assure the public that an appropriate transition is
established while use of the property as permitted by the zoning ordinance is still allowed.
(Ord. No. 808.9809, 4/30/98)
A.
All uses shall comply with the regulations of the underlying zoning.
B.
Where the regulations for this district differ from those of the underlying zoning
the more restrictive provisions shall apply.
C.
The city's design review ordinance shall apply to all I-1, I-2 and C-1 property
within the I-1, I-2, C-1 overlay district.
D.
Upon development, or upon expansion of more than twenty-five percent (25%) of
a building or a use existing on the effective date of this section, a site plan shall be submitted for
all I-1, I-2 and C-1 properties for hearing to the city council when they are adjacent to or
separated only by an alley, canal, tract or easement to a one family residential district including
R1-15, R1-10, R1-8, R1-7, R1-6, R-5 and R1-4 (excluding AG, agricultural). Such site plan shall
show all parking areas, loading and refuse areas, drives, access ways, location and dimensions of
buildings and structures, all elevations of such buildings and landscaping. This hearing shall take
the form of a public hearing in accordance with the provisions of Sections 1-501 through 1-516 of
this ordinance. Variances and use permits may be applied for in conjunction with the site plans.
E.
Site plans will be evaluated by the city council in accordance with the intent of
ensuring that an appropriate transition between the I-1, I-2 and C-1 zoning district and the
adjacent residential uses listed in subsection D is provided while allowing the use of the property
as permitted by the zoning ordinance.
(Ord. No. 808.9809, 4/30/98)
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A.
All uses shall be subject to the regulations of the underlying district and in addition
the following uses shall be subject to a use permit:
1.
Any use that includes the use of trucks in excess of five (5) ton capacity
before 6:00 a.m. or after 10:00 p.m.;
2.
Any use that requires a type H occupancy based upon the Uniform
Building Code (storage of hazardous materials);
3.
Body shops and private garages (repair facilities); and
4.
Any use not appearing in this ordinance which is similar to these uses, as
determined by the zoning administrator, may be permitted upon securing a
use permit.
B.
In the granting of use permits the council shall consider the factors established in
Section 1-411 of this ordinance.
(Ord. No. 808.9809, 4/30/98)
All development must conform to the requirements of the underlying zoning.
(Ord. No. 808.9809, 4/30/98)
(Ord. No. 808.9809, 4/30/98)
Cross reference—See also Sec. 3-101 et seq., landscaping regulations; Sec. 4-101 et seq., off-street
seq., flood control; TCC §12-56 et seq., storm water retention; TCC §20-1 et seq., noise.
The boundaries of the I-1, I-2, C-1 overlay district shall include all I-1, I-2 and C-1 zoned
properties where they are adjacent to or separated only by an alley, tract, easement or canal from
a one family residential district (excluding AG, agricultural).
(Ord. No. 808.9809, 4/30/98)
2-79
CHAPTER 19
NEIGHBORHOOD MIXED USE DISTRICTS
Sec. 2-1901. Purpose and regulations.
A.
The purpose of the mixed use districts (MU-1 and MU-2) is to encourage mixed
use development that utilizes vacant parcels available for infill and parcels under consideration for
re-use or redevelopment.
B.
The MU-1 district is intended to be a setting for low density housing combined
with complementary and supporting commercial or office developments that serve a
neighborhood and are developed and operated in harmony with the residential characteristics of a
neighborhood.
C.
The MU-2 district is intended to be a setting for moderate density housing
combined with complementary and supporting land uses that serve a neighborhood and are
developed and operated in harmony with the residential characteristics of a neighborhood.
D.
The approval of the MU-1 and MU-2 district zoning will be based on the quality of
the proposed development, its relationship to adjacent land uses and, in particular, its density and
scale, as well as its impact on the city’s infrastructure.
(Ord. No. 808.2000.07, 6/8/00)
Sec. 2-1902. Applicability.
Application of this zoning district is only permitted in those areas of the city where the city
council has adopted a specific area plan, redevelopment plan or has accepted a strategic plan and
is designated in the General Plan 2020 as a mixed use area. In the absence of a specific area plan,
mixed-use developments are limited to projects which front on arterial or collector streets.
(Ord. No. 808.2000.07, 6/8/00)
2-80
CHAPTER 20
NEIGHBORHOOD MIXED USE DISTRICT REGULATIONS
Sec. 2-2001. Permitted uses in the MU-1 district.
Permitted uses in the MU-1 district are residential development including renter or owneroccupied housing.
(Ord. No. 808.2000.07, 6/8/00)
Sec. 2-2002. Uses permitted subject to a use permit in the MU-1 district.
Uses permitted in the MU-1 district subject to a use permit are listed in Sections 2-703,
2-704 and 2-705 (R/O residence/office district, CCR convenience commercial residence district),
Sections 2-802 and 2-803 (C-1 neighborhood commercial district, PCC-1 planned neighborhood
commercial center district) and any expansion of such uses.
(Ord. No. 808.2000.07, 6/8/00)
Sec. 2-2003. Prohibited uses in the MU-1 district.
The following uses are prohibited in the MU-1 district:
1.
2.
Billboards;
3.
Cemeteries, mausoleums and crematoriums;
4.
Drive-throughs;
5.
Hospitals and sanitariums;
6.
Motor vehicle repair, painting, upholstering, body and fender work,
dismantling and over-hauling;
7.
Pawn shops;
8.
Receiving and transmitting towers;
9.
Service stations; and
10.
Outside storage of materials.
(Ord. No. 808.2000.07, 6/8/00)
2-81
Sec. 2-2004. Permitted uses in the MU-2 district.
Permitted uses in the MU-2 district are residential development including renter or owneroccupied housing.
(Ord. No. 808.2000.07, 6/8/00)
Sec. 2-2005. Uses permitted subject to a use permit in the MU-2 district.
Uses permitted in the MU-2 district subject to a use permit are listed in Sections 2-703,
2-704 and 2-705 (R/O residence/office district, CCR convenience commercial residence district),
Sections 2-802 and 2-803 (C-1 neighborhood commercial district, PCC-1 planned neighborhood
commercial center district), Sections 2-902, 2-903, 2-905 and 2-906 (C-2 general commercial
district, PCC-2 planned general commercial center district) and any expansion of such uses.
(Ord. No. 808.2000.07, 6/8/00)
Sec. 2-2006. Prohibited uses in the MU-2 district.
The following uses are prohibited in the MU-2 district:
1.
2.
Billboards;
3.
Cemeteries, mausoleums and crematoriums;
4.
Drive-throughs;
5.
Hospitals and sanitariums;
6.
Motor vehicle repair, painting, upholstering, body and fender work,
dismantling and over-hauling;
7.
Pawn shops;
8.
Receiving and transmitting towers;
9.
Service stations; and
10.
Outside storage of materials.
(Ord. No. 808.2000.07, 6/8/00)
2-82
Sec. 2-2007. Additional information and requirements.
A.
Each mixed-use project must include residential with commercial or office.
B.
Processing of a P.A.D. shall be required to obtain this zoning. For the purpose of
this zoning district, all standards of this zoning ordinance except density and use are to be
considered guidelines and not requirements. The P.A.D. required to obtain this zoning shall
contain a note or notes stating all situations where the P.A.D. does not comply with these
guidelines. Approval of the P.A.D. shall be contingent upon a finding, by the decision-making
body, that the project will be in harmony with the vision established in any applicable
neighborhood specific area plan, strategic plan or redevelopment plan. Standards contained in the
building, plumbing, electric, mechanical or fire codes may be modified provided the applicant
demonstrates an equivalent method of compliance with those standards. The city engineer is
authorized to interpret the Engineering Design Criteria and grant variances where particular
applications would cause undo hardship to the applicant. In all cases, modifications to standards
require a demonstration that the resulting project will be a high quality development, unique, and
a credit to its neighborhood and the City of Tempe. All applications for a rezone to MU-1 or
MU-2 shall be accompanied by an application for a P.A.D., a letter describing the contacts already
made with the applicable neighborhood association(s), the results of those contacts, and an
AutoCAD compatible 3-D computer representation of the proposed project on three and onequarter (3-1/4) inch diskette which displays the surrounding area.
(Ord. No. 808.2000.07, 6/8/00)
Sec. 2-2008. Yard, height, area standards and density requirements.
The yard, height, area standards and density requirements are as shown in the following
chart.
(Ord. No. 808.2000.07, 6/8/00)
2-83
YARD, HEIGHT, AREA STANDARDS AND DENSITY REQUIREMENTS:
DISTRICT
(a)
MU-1
MU-2
Minimum Net Site Area
---
---
Density (DU/Acre)
10
24
Minimum Lot Width in
Feet
---
---
Minimum Lot Length in
Feet
---
---
Maximum Height in Feet
40 (a)
50 (a)
Maximum Site Bldg. Cov.
---
---
Min. Yard
Setback
In Feet
Front
---
---
Side
---
---
Rear
---
---
Street Side
---
---
If located in an adopted neighborhood specific plan area, the specific area plan guidelines will
determine the maximum height.
2-84

zoning general - Contractors In Phoenix

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