All accessory buildings, structures and uses are subject to the following regulations, unless otherwise permitted or restricted by specific regulations of this section and this chapter.
(A) General regulations for accessory buildings, structures and uses.
(1) No accessory building, structure or use shall be established on a lot prior to the time of construction of the principal building to which it is accessory, except by conditional use permit.
(2) All accessory buildings or structures that exceed 120 square feet in gross floor area shall require a building permit unless the city’s adopted building codes exempt such buildings or structures.
(3) No permit shall be issued for the construction of more than one detached, accessory building located on a residential lot. However, there shall be no limit on the number of accessory buildings located on a residential lot within the RA zoning district or located on any non-residential lot.
(4) Accessory buildings, structures and uses must be operated and maintained under the same ownership as the principal building to which they are accessory, unless otherwise expressly stated.
(5) No accessory building shall include a 220V outlet for a range or oven and shall not be used for living, sleeping, or housekeeping purposes, except as allowed within an accessory dwelling unit.
(B) Location regulations for accessory buildings, structures and uses.
(1) Accessory buildings, structures and uses must be located on the same lot as the principal building to which they are accessory, unless otherwise expressly stated.
(2) If attached by any part of a common wall or covered roof to the principal building, an accessory building shall be deemed a part of the principal building and shall conform to the zoning standards of the zoning district in which the principal building is located.
(3) Detached accessory buildings, structures or uses shall not be erected or placed in any right-of-way, easement, or required front setback.
(4) A detached accessory building or structure shall have a setback of at least three feet if fire rated and five feet if not fire rated, excluding property line fences and walls, from every side and rear property line, with the following exemption or as otherwise stated within this chapter or applicable building or fire code:
(a) The setback shall be the same as required for the principal building in the zoning district in which the accessory building or structure is located whenever the accessory building or structure exceeds seven feet in height.
(5) No detached accessory building (e.g. freestanding garage, workshop, stable, pool house, and the like) shall be located within six feet if fire rated and ten feet if not fire rated of the site’s principal building.
(6) Accessory structures (e.g., deck, trellis, sunshade, and the like) may be attached or detached from the principal building. All required separation for applicable building and fire codes shall be met.
(7) All accessory buildings or structures shall be further subject to applicable encroachments, limitations and exceptions as stated in § 154.098.
(C) Size regulations for accessory buildings and structures.
(1) The footprint area of the principal building, accessory buildings and accessory structures together must comply with the applicable lot coverage requirements of the zoning district in which they are located.
(2) The maximum gross floor area for any accessory building or structure shall not exceed 50% of the principal building footprint without a conditional use permit. Except the maximum gross floor area for any accessory building or structure located within the RA zoning district shall not exceed 100% of the principal building gross floor area without a conditional use permit.
(3) Accessory buildings and structures located on residential lots shall not exceed the height of the principal building. Except the maximum height of accessory buildings and structures located within the RA zoning district shall be limited to the maximum height requirements of the base RA zoning district.
(4) No accessory building or structure located on any lot with a non-residential use shall exceed the height of the principal building except by conditional use permit.
(D) Additional regulations for accessory buildings, structures and uses by type.
(1) Accessory dwelling unit (ADU).
(a) One ADU is permitted per lot, subject to § 154.052. The ADU shall be located on the same lot as the principal building.
(b) ADUs may only be placed on a lot where a single-family detached dwelling exists.
(c) ADUs may be fully detached or attached to the principal building by a common wall or fully covered breezeway with a common roof structure and improved floor.
(d) ADUs may include a kitchenette, bathroom, and sleeping area.
(e) The ADU shall not be sold separately.
(f) If owner-occupied, the property owner, which shall include title holders and contract purchasers, must occupy either the principal building or the ADU as their principal residence. The residence or ADU that is not occupied by the property owner may be rented or leased. If not owner-occupied, ADUs may not be leased, subleased, or rented separate and apart from the principal building. Whether the entire property is rented short-term (less than 30 days) or long-term (30 days or greater), the principal building and the ADU must be rented as a whole and may not be rented or offered for rent independently.
(g) An ADU shall have no separate water or utility meters.
(h) Mobile homes, manufactured housing, recreational vehicles, travel trailers, and any other wheeled or transportable structure shall not be used as ADUs.
(i) ADUs shall conform to the setbacks standards as specified in § 154.092(B) and lot coverage standards of the zoning district in which the principal building is located.
(j) ADUs shall not exceed the height of the principal building.
(k) The maximum size of an ADU shall be no more than 50% of the principal building footprint.
(l) ADUs shall not be considered a unit of density and therefore are not included in the density calculation for a residential property.
(m) Home occupations are permitted in an ADU.
(n) One additional off-street parking space must be provided for any ADU that exceeds 600 square feet in area.
(2) Swimming pools; private or semi-private. All private or semi-private swimming pools shall meet the following standards.
(a) The pool and all structures housing appurtenances thereto shall be not less than five feet from the nearest property line except, however, that the pool or structure shall not be located between the front property line and the front building setback line.
(b) Pool barriers shall be installed in accordance with state statutes. All wall or fence must be set back from the edge of the swimming pool a minimum of five feet.
(c) The pool or mechanical equipment shall be located so as to minimize the noise and lessen the nuisance to nearby occupants of apartments and houses.
(d) All swimming pool plans and safety devices proposed to be built or erected in conjunction with swimming pools shall be first presented to the Zoning Administrator for approval.
(3) Agricultural uses.
(a) Livestock.
1. The keeping of livestock shall be permitted as specified in the accessory use category of § 154.052, except all swine shall be prohibited.
2. All areas (i.e. corrals or pens) used for grazing, exercising, or training of livestock shall be securely fenced to prevent the livestock from straying, or a suitable restraint shall be provided to prevent straying.
3. All structures, stables, or barns used for the keeping of livestock shall be located behind the front face plane of the principal building. Said livestock shelters 15 feet in height or less shall be set back a minimum of five feet from the rear and side property lines and livestock shelters over 15 feet in height shall adhere to the setback regulations of the principal building, except no livestock shelter shall be placed within 50 feet of any residence, other than that of the residence owning the livestock.
4. Stables, coops, hives, aviaries, and other shelters used for the keeping of livestock shall not exceed the height regulations of the applicable zoning district.
5. On-site slaughter shall be limited to livestock kept on property. Slaughter shall not occur in view from any public area or any adjacent property owned by another. Slaughter must be for personal consumption and shall be conducted in a humane manner in accordance with A.R.S. § 3-2016.
6. All livestock pens, corrals, stables, shelters, and pastures shall be clean and well maintained to minimize odor and pests. Animal wastes shall be stored and removed in a manner that does not become a nuisance or violate the health and sanitation provisions of the city code and Maricopa County’s Environmental Health Code.
7. It shall be unlawful to keep livestock in a manner that constitutes a nuisance as specified under the city code.
(4) Cargo containers.
(a) Permitted locations. Cargo containers are permitted as an accessory structure as identified in § 154.052 subject to the following:
1. Cargo containers may not be placed, stored or used on property dedicated to principal uses listed in the residential use category of § 154.052, except as provided in division (D)(4)(c) of this section.
2. Cargo containers may be placed, stored or used for temporary or permanent storage on property dedicated to principal uses listed in the agriculture use category, public/quasi-public use category, commercial/business use category, and industrial use category of § 154.052, provided the use has obtained a temporary use (for temporary use) or building permit (for permanent use) from the Zoning Administrator, and provided the placement, condition and use of the cargo container complies with the provisions of divisions (D)(4)(b) and (c) below.
(b) Standards and regulations.
1. Cargo containers shall not be stacked on one another, unless a conditional use permit is obtained.
2. Cargo containers shall not be used for living quarters and may be provided with the same provisions as buildings..
3. Cargo containers used for permanent storage must be placed on an asphalt or concrete surface and secured thereto.
4. Cargo containers used for permanent or temporary storage must be placed to the rear of the principal building and may not be placed within any required setback, designated landscape area, flood retention or detention areas or required parking areas.
5. No cargo containers may be placed, stored or used on property or any area that is within the flood plain or flood way.
(c) Exemptions.
1. Cargo containers used as a form of construction material for a principal building shall be regulated as any other site-built building and be subject to the requirements of all city ordinances and building codes.
2. Contractors licensed by the Arizona Registrar of Contractors may use cargo containers in any zoning district for the storage of equipment and materials during the period of construction at the construction site subject to the following:
a. The construction must be properly permitted by the city;
b. The container shall be removed from the property no later than seven calendar days after the final inspection and approval of the construction by the city; or
c. If construction ceases for a period of 30 days or is abandoned, the cargo container shall be removed not later than seven days after notice to remove issued by the city.
3. Containers used during moving may be placed on residential zoned property for a maximum of 14 days.
4. Residential uses within the RA zoning district may place and use cargo containers for permanent storage subject to the following:
a. Cargo containers that exceed 120 square feet in gross floor area shall be considered an accessory building and require a building permit prior to placement.
b. A maximum of two cargo containers, with a total maximum length of 80 feet, are permitted per residential lot. The container(s) shall be located on the same lot as the principal building. Placement of additional cargo containers shall require a conditional use permit.
c. Containers must be placed in the rear yard of the principal building and not on the street side of a corner lot.
d. Stacking of cargo containers shall be prohibited.
e. Containers must adhere to the regulations of the principal building with regard to zoning standards (e.g., height, setback requirements, building coverage).
(d) Removal by city. Any cargo container(s) placed, stored or used in violation of this section may be removed by the city if the property owner on which the cargo container(s) is located fails to remove the cargo container(s) within 14 calendar days of notice by the city of violation and order to remove. A notice of violation and order to remove shall be deemed received by the property owner if the notice and order are mailed to the address of the owner as listed in the records of the county assessor and a copy of the notice and order are posted on the main entrance door or gate of the property. The city’s cost to remove and dispose of the cargo container shall be recorded as a lien against the property.
(e) Existing nonconforming uses. A cargo container otherwise lawfully existing on property prior to the adoption of this section that was lawfully placed and maintained under prior zoning ordinance provisions shall be deemed a legal nonconforming use. Such nonconforming use shall not be increased, enlarged, extended or altered, except the use may be voluntarily changed by the operator to a conforming use within the property’s zoning district which meets all other applicable requirements of the city code.
(5) Outdoor display and sales. Outdoor display and/or sale of merchandise may be allowed as an accessory use for all commercial, mixed-use and industrial uses, provided that the display meets the following guidelines and regulations:
(a) Outdoor display and/or sale area shall be clearly defined on a site plan and approved by the Zoning Administrator and may be subject to appropriate conditions by the Administrator to ensure compliance with the provisions of this subsection. Exceptions: A permanent outdoor retail display area which is an integral part of a business, including but not limited to, garden centers and auto dealership display lots shall obtain site plan approval with all applicable development/improvements.
(b) Shall be a fixed location that does not disrupt the normal function of the site or its circulation, and does not encroach upon required driveways, landscaped areas, parking lots, sidewalks, loading zones, or fire lanes. Displays shall not obstruct any entrance to a building or traffic safety sight areas or otherwise create hazards for pedestrian or vehicle traffic.
(c) Display/sale of goods shall not be in any public right-of-way.
(d) Shall directly relate to a business occupying a permanent structure on the same site, and shall display only goods of the primary business on the same site, unless associated with a non-profit organization.
(e) Shall be limited to the hours of operation of the business and portable and removed from public view at the close of each business day, unless otherwise permitted through the site plan or development review process.
(f) No merchandise shall be affixed to the exterior of a building or displayed so as to impede or interfere with the reasonable use of the store front windows for display purposes.
(g) Shall be managed so that display structures and goods are maintained at all times in a clean and neat condition, and in good repair.
(h) All signage shall adhere to the sign regulations of this chapter.
(6) Alternative energy systems.
(a) Alternative energy systems, other than utility-scale (major) electrical generating facilities, may be administratively approved as an accessory use within any zoning district, subject to approval of a building permit and meeting any applicable federal, state, county or city regulations.
(b) Alternative energy systems may be located on a parcel in a manner consistent with any development standard (i.e. setback, height, lot coverage) or accessory structure regulation (i.e. location standards) in the respective zoning district in which the parcel is located.
(c) As part of the building permit review process, the Building Official may require that design plans and an engineering report (e.g. mechanical/electrical/structural), prepared and certified by an Arizona Licensed Professional Engineer, be included as a part of the building permit submittal.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)