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(A) Purpose. The purpose of this section is to identify and regulate accessory buildings, structures and uses in all zoning districts that are incidental and customarily subordinate to principal uses.
(B) Establishment of accessory buildings, structures and uses.
(1) All principal uses allowed in a zoning district shall be deemed to include those accessory buildings, uses, structures, and activities typically associated with the use as described in the principal uses definition provided in §§ 152.035 through 152.037, unless otherwise specified or specifically prohibited within this section.
(3) No accessory building, structure, use or conditional use, shall be erected or permitted on any lot or parcel until the principal building or use has been established or erected; unless both principal and accessory buildings and conditional uses are being established simultaneously.
(C) General development standards for accessory buildings, structures and uses.
(1) Unless otherwise expressly stated, accessory buildings, structures and uses are subject to the same lot and building regulations as apply to principal uses and buildings.
(2) Accessory structures and uses should be similar in color to the principal structure.
(3) Accessory buildings and structures, except for accessory dwelling units defined in § 152.046(F)(1), shall not be used for living or sleeping quarters.
(4) If the principal building or use is destroyed, removed or ceases to exist, the utilization of the accessory building, use or structure shall no longer be allowed.
(5) In the case of any conflict between the accessory building, use or structure standards of this section and any other requirement of this code, the more restrictive standards shall control.
(D) Location standards for accessory buildings, structures and uses.
(1) Accessory uses and structures must be operated and maintained under the same ownership and located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
(2) Accessory buildings, uses or structures shall not be erected in any right-of-way, easement, street side yard building setback, or required front yard setback.
(3) No accessory building (e.g. freestanding garage, carport, workshop, pool house, etc.) shall be located within six feet if fire rated and ten feet if not fire rated of the site's principal building. If attached by any part of a common wall or covered roof to the principal building, said building shall be deemed a part of the principal building and shall conform to the development standards of the principal building.
(4) Accessory structures (e.g. fence, deck, trellis, sun shade, etc.) may be attached or detached from the principal building. All required separation for applicable building and fire codes shall also be met.
(5) The accessory building, use or structure shall have a setback of at least three feet if fire rated and five feet if not fire rated from every side and rear property line, except that 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 15 feet in height.
(a) Exceptions. The following structures are exempt from the accessory structure setback requirements:
1. Movable structures, for single-family residential lots, such as children's play equipment, trash enclosures, tool sheds, and pet shelters may be placed within a required rear or side yard setback without limitation on location, provided in no event shall the roof of said structures be designed to allow water to drain onto adjacent property.
(6) In the RE-1A and RE-2A zoning districts, the accessory building, use or structure shall have a setback of at least three feet if fire rated and five feet if not fire rated from every side and rear property line and shall meet the front setback if located in the required front yard.
(E) Size standards for accessory buildings and structures.
(1) The maximum gross floor area of any accessory building or structure shall not exceed the building footprint of the principal building. However, the provisions of this division shall not apply to the RE-1A and RE-2A or Commercial and Industrial Zoning Districts, which may exceed the building footprint of the principal building.
(2) Both principal and accessory buildings/structures together must comply with the applicable lot coverage requirements established by this code.
(F) Additional standards for specific accessory buildings, structures and uses.
(1) Accessory dwelling unit.
(a) No more than one accessory dwelling unit may be located on any lot.
(b) For residential uses, an accessory dwelling unit shall be permitted only on a lot having 8,000 square feet or more in area. The accessory dwelling unit shall have an architectural design and exterior building materials that are compatible with the principal building.
(c) Mobile homes, manufactured housing, or recreational vehicles shall not be used as accessory dwelling units.
(d) The accessory dwelling unit and the principal residence shall share utilities. Separate utility meters shall not be allowed.
(e) A maximum of one separate bedroom shall be permitted per accessory dwelling unit.
(f) At least one off-street parking space shall be provided for each accessory dwelling unit.
(2) Watchman's quarters. In order to provide increased security within the industrial zoning districts a watchman's quarters may be provided as an accessory use under the following conditions:
(a) Watchman's quarters shall only be permitted within the BP, SC and IP zoning districts subject to the approval of a conditional use permit. Before granting a CUP, the Council shall determine that there is a direct link to the principal use and there is a bona fide need for the increased residential presence. Additional conditions of approval beyond those listed in this section may be required to ensure compatibility with adjacent uses;
(b) The watchman's quarters must clearly be accessory to the principal use, which must also be active at the time of CUP application and approval;
(c) Only one watchman's quarters per lot shall be permitted;
(d) Watchman's quarters shall be attached units and must be an integral part of the principal building and may not exceed 40% of building floor area, with a maximum quarter's size of 1,000 square feet;
(e) Watchman's quarters shall meet fire code, residential building code and any other applicable codes or regulations;
(f) A watchman's quarters shall consist of sleeping, kitchen, and bathroom facilities, and for the purposes of this section shall not be considered an accessory dwelling unit;
(g) There shall be no payment of rent by the occupant of the quarters;
(h) The watchman's quarters and the principal building or use shall share utilities. Separate utility meters shall not be allowed;
(i) At least one off-street parking space shall be provided for a watchman's quarters; and
(j) If the principal building or use is destroyed, removed or ceases to exist, the utilization of the watchman's quarters shall no longer be allowed.
(3) Store/stay quarters.
(a) Store/stay quarters shall only be permitted for individual storage spaces located within an indoor storage (boat, RV) facility in the C-2, C-3 and SC zoning districts subject to the approval of a conditional use permit.
(b) A store/stay quarters conditional use permit shall only be issued to the property owner of the storage facility.
(c) Store/stay quarters shall only be used by the storage facility owner, members of the owner's immediate family, or a registered lessee of the storage/stay quarters.
(d) The store/stay quarters shall be occupied for less than 120 days per calendar year.
(e) Shall not exceed 25% of the storage unit's gross floor area, with a maximum quarter size of 800 square feet.
(f) Store/stay quarters shall not at any time be used as a vacation rental, or any other type of rental.
(g) Store/stay quarters shall meet fire code, residential building code and any other applicable codes or regulations.
(h) Owner shall sign an acknowledgement that the use is located in a non-residential zoning district, in which there may be noise and traffic commonly associated with service type commercial uses.
(i) Any additional parking needs shall be provided off-street.
(j) There shall be no outdoor yard, patio, deck, or living space.
(k) The exterior of all storage buildings and individual units shall be clearly marked with a unique identifier that can be utilized by occupants and emergency responders to efficiently locate each unit.
(4) Employee/contractor quarters.
(a) Employee/contractor quarters shall only be permitted as an accessory use in Service Commercial (SC) and Industrial Park (IP) Districts subject to the approval of a conditional use permit.
(b) Employee/contractor quarters shall be provided by the employer only and operated in direct connection with the work of the principal use, which must be active at the time of CUP application and approval. Employee/contractor quarters shall also not be converted to any other use without prior approval of an amendment to the CUP.
(c) Employee/contractor quarters shall not, at any time, be used as a vacation rental, or any other type of rental.
(d) Employee/contractor quarters shall meet fire code, residential building code and any other applicable codes or regulations.
(e) Each employee/contractor quarters shall be subject to the development standards of the base zoning district (e.g. setbacks, height, lot coverage, etc.).
(f) The minimum floor area used for sleeping purposes shall be 50 square feet for each occupant.
(g) At least one parking space per unit or one space per three beds, whichever is more, shall be provided.
(h) Employee/contractor quarters shall be occupied for less than six months per calendar year.
(i) If the principal use is destroyed, removed or ceases to exist, the utilization of the employee/contractor quarters shall no longer be allowed.
(5) Cargo containers.
(a) Please note: this section does not prevent the use of cargo containers for construction. Refer to the building code for allowed building materials.
(b) Cargo containers are permitted as an accessory use in Community Commercial (C-2), Regional Commercial (C-3), Service Commercial (SC), Industrial Park (IP) and Airport Property (AP) Zoning Districts subject to the following conditions:
1. A building permit shall be obtained at the Community Development Department prior to installing a cargo container as a permanent accessory use. Temporary placement of cargo containers, solely used for the transport of goods, in conformance with permitted uses of the subject property shall not require a building permit.
2. Cargo containers shall be located on the side or rear of the principal building and must meet all development standards including setbacks, lot coverage and height regulations for the zoning district in which it lies and must also meet fire code requirements for placards as is necessary.
3. Cargo containers may not occupy any required off-street parking spaces with the exception of temporary use during construction activities authorized by a city building permit.
4. Cargo containers may not be stacked, except when used for cargo purposes in the IP District.
5. Cargo containers shall not be connected to any utilities.
6. Licensed building contractors may use cargo containers in any zoning district for temporary storage of equipment and/or material at a construction site that has a valid building permit.
7. Cargo containers shall be painted in an earth tone color, shall not be used for advertisement, and shall be screened from public view with landscaping or an opaque screen wall/fence, as determined by the Zoning Administrator.
8. Containers that are designed to be used for storage and appear to be cargo containers, yet do not meet the specifications for commercial shipping, packing or transportation of freight, shall comply with the requirements of this section.
(6) Domesticated animals.
(a) Permitted in any zone: The keeping, in connection with each permitted dwelling, of not more than three pets, such as dogs, cats, and similar household pets, exclusive of animals under the age of six months, and exclusive of birds, fish and other pets which at all times are kept within a fully enclosed building or accessory building and which do not create odor or sound which is detectable on an adjoining lot.
(b) The keeping of large livestock is allowed in the RE-2A and RE-1A zoning districts. Large livestock shall be limited to four large animals per acre. Any shelter, stables, stalls, corrals, or pens for the animals shall adhere to the same development standards as required for the principal use in the zoning district in which the animals are located.
(c) Chicken hens and pullet are allowed in all residential zoning districts subject to any applicable health, sanitation, and nuisance laws. Roosters shall only be allowed in the RE-2A and RE-1A zoning districts. Chickens shall be kept within enclosed coops, pens, or cages that comply with all applicable accessory provisions of § 152.046. All lots under 10,000 square feet shall be limited to no more than five chickens per lot. Water used to clean coops, pens, or cages must not be allowed to flow onto adjacent properties.
(d) Places where animals are kept shall be maintained so that flies, insects, or vermin, rodents, odors, ponded water, the accumulation of manure, garbage, refuse or other noxious material does not disturb the peace, comfort, or health of any person.
(e) No person shall keep or maintain any poisonous reptile, or dangerous, carnivorous, wild exotic animal without having approval from the Arizona Game and Fish Department and meeting all county and city animal control regulations. The animals or reptiles shall be safely penned or caged and kept in accordance with all requirements of state, county and city regulations.
(7) Home occupations. A home occupation shall be considered a permitted accessory use in all residential zoning districts provided that they do not change the character of the surrounding residential area by generating more traffic, noise, odors, visual impacts, or storage of materials than would normally be expected in a residential zoning district, and if it complies with the following regulations:
(a) All home occupations shall be clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes. A valid city business registration shall be maintained for the home occupation use.
(b) Each dwelling unit shall be limited to one permitted home occupation. Any additional home occupations shall require a conditional use permit.
(c) All home occupations shall be conducted entirely from within the principal residence or enclosed accessory buildings (i.e. detached garage) except for home occupations that require the use of accessory structures allowed within the subject zoning district (i.e. the use of swimming pools for swimming lessons, play structures for day care, or horse corrals for horseback riding lessons) as long as they do not create a noxious environment for neighboring properties.
(d) Areas devoted to the home occupation use shall maintain a residential character and appearance.
(e) There shall be no employees of the home occupation other than persons residing in the dwelling unit where the home occupation is being operated.
(f) There shall be no external evidence of the home occupation such as greater volumes of traffic, noise, dust, odors, fumes, vibration, electrical interference or fluctuation or other nuisances discernible beyond the property lines than would normally be expected in a residential neighborhood.
(g) A home occupation shall not be conducted in a way that is perceptible in external effects (such as but not limited to noise, odors, traffic) from beyond the property line between the hours of 8:00 p.m. and 6:00 a.m. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street that causes noise to adjoining residents.
(h) There shall be no use of show windows, business display or advertising visible from the exterior of the building, except as is specifically permitted in § 152.058, that indicates the premises are being used in part for any purpose other than a dwelling.
(i) The home occupation shall not result in excess generation of solid waste or use of utilities and public facilities in amounts greater than normally provided for residential use.
(j) Any parking incidental to the home occupation shall be provided only in the residential driveway, subject to compliance with the off-street parking requirements of § 152.056.
(k) The home occupation shall not involve the parking or storage of more than two vehicles having a gross vehicle weight over 10,000 pounds on the lot or on adjacent streets at any period of time. However, in the RE-2A and RE-1A zoning district, the parking and storage of up to two vehicles, directly related to the home occupation, with a gross vehicle weight of more than 10,000 pounds shall be allowed within a fully screened side or rear yard.
(l) Storage of goods and materials necessary for the home occupation shall be fully enclosed within a building or structure.
(m) The following are examples of uses which would be acceptable as home occupations provided they comply with the above regulations:
1. Home offices with little or no client visits to the home;
2. Catering for off-site consumption;
3. Personal services such as a beauty shop, barbershop, and seamstress;
4. Artists, sculptors, jewelry makers, and composers not selling their artistic product to the general public on the premises;
5. Fine arts lessons (music, art, crafts, dance), tutoring and swimming lessons;
6. Tax preparation;
7. Computer programing and software development; and
8. Day care (maximum of four persons).
(n) A home occupation shall not include, but shall not be limited to, the following uses:
1. Medical offices, clinics, and laboratories, except for psychologists, speech therapists, acupuncturists, and other professionals with one-on-one counseling, therapy, or treatment that do not exceed six clients within 24 hours;
2. Motor vehicle sales, repair, painting, storage, restoration or conversion, engine repair or similar uses conducted outside and/or on vehicles not registered to a person currently residing at the home;
3. Veterinarian office or animal care kennels or boarding facilities. Except in the RE-2A and RE-1A zoning districts such uses may be permitted by conditional use permit;
4. Welding or machine shop;
5. Restaurants; or
6. Body piercing and/or tattoo studio.
(o) Complaints by citizens or local residents may be cause for termination of the home occupation.
1. All complaints or violation of the above conditions shall be registered with and reviewed by the Zoning Administrator.
2. The burden of proof shall be upon the home occupation to prove that the standards of this section are being met, especially regarding possible nuisances and traffic.
3. If appropriate measures cannot be undertaken to mitigate the complaint or violations, the Zoning Administrator may determine that a particular type or intensity of use is unsuitable to be a home occupation and require termination of the use. Appeals of the Zoning Administrator's decision can be made to the Board of Adjustment.
(8) Outdoor display and sales.
(a) 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:
1. 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 division.
2. Exceptions. A permanent outdoor retail display area which is an integral part of a business, including but not limited to, garden centers and auto, boat, and RV 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 § 152.058.
(9) Outdoor storage. Outdoor storage associated with an on-site primary use is permitted subject to the following conditions; however, the provisions of this division shall not apply to outdoor storage associated with industrial or agricultural uses:
(a) Storage areas must be fully screened from view by an opaque fence or concrete/masonry block wall that is no less than six feet, but no more than eight feet in height. A landscaped earthen berm may be used instead of or in combination with a required fence or wall;
(b) The storage area screen fence/wall shall incorporate exterior colors and/or finishes to match the primary building;
(c) Stored materials shall not exceed the height of the lowest screen fence/wall, except as provided elsewhere in this chapter;
(d) Storage area gates must be opaque;
(e) Storage areas shall be paved with concrete, asphalt, pavers, or gravel;
(f) Storage areas shall not be located within a required off-street parking or loading area; and
(g) No storage of any items may occur within the front setback area or within the street side yard building setback.
(10) Outdoor musical entertainment. Outdoor musical entertainment is permitted in non-residential zones subject to the following:
(a) A business or property desirous of providing outdoor musical entertainment shall be required to obtain a conditional use permit. The permit shall be personal to the permittee and applicable only to the specific business/property identified and shall not be transferable. A new conditional use permit shall be obtained if the business/property is sold, leased, or conveyed by the permittee; or if the permittee moves to a new location.
(b) Outdoor musical entertainment conditional use permits shall be subject to an annual review, based on the initial approval date, to ensure the use is conducted in accordance with all of the terms, conditions and restrictions of this chapter, the approved CUP or any other applicable laws. If the use is found to be in compliance, an administrative renewal shall be issued by the Community Development Department. Any use found to be in violation of the terms, conditions, or restrictions of this chapter, the CUP or any other applicable laws shall be subject to revocation and scheduled for a formal public hearing in accordance with §§ 152.085 through 152.096. Following the formal public hearing process, the City Council may elect to renew, renew with additional stipulations, or revoke the CUP.
(c) Amplified outdoor musical entertainment, live or recorded, shall not be permitted within 600 feet of a single-family residentially zoned property.
(d) Outdoor musical entertainment will not be permitted within public rights-of-way.
(e) Outdoor musical entertainment will be limited to the hours of 8:00 a.m. to 11:00 p.m.
(f) No retail or wholesale over-the-counter sale of goods or products are permitted to be sold in conjunction with the entertainment, other than the products or service being provided by the permitted business, unless accompanied by an Arizona Transaction Privilege Tax License.
(g) The performer will not use in their show any flammable items, fireworks, electronic light displays, or laser-operated device.
(h) Outdoor musical entertainment shall be restricted to music or singing which is not excessive or disturbing to the community as prescribed by § 130.10.
(i) If the sound is of sufficient volume and duration that it would cause discomfort or annoyance to a reasonable person of normal sensitivities, it shall be prohibited.
(11) Outdoor vehicle parking and storage. The intent of outdoor vehicle parking and storage standards is to protect the health, safety, and welfare and ensure neighborliness and aesthetic quality for the residents and business owners within the city's zoning jurisdiction. The following standards apply:
(a) Non-Residential Districts. The on-site outdoor storage of any personal vehicles, commercial vehicles, a boat and trailer, recreation vehicle, motor home, truck tractor, semi-trailer, trailer or equipment of a similar nature when it is not associated with the business of the property shall be prohibited in the front setback area. Storage of such personal vehicles is permissible in an interior side yard or rear yard when screened by a solid six foot tall fence, wall or landscape barrier.
(b) Residential Districts.
1. No person shall store any vehicle not owned or leased by that person or a member of that person's family, or household, on any property in a Residential District.
2. In all Residential Districts, it shall be prohibited for any person to park or store any personal vehicle having a gross vehicle weight rating (GVWR) exceeding 14,000 pounds, except:
a. Temporary parking is permitted for the purpose of delivery or the loading and unloading of household or permitted home occupation goods;
b. There shall be no GVWR limit for any personal vehicle parked in the side, street side, or rear yard setback area when screened by a solid six foot tall fence, wall, and/or landscape barrier;
c. The parking and storage of recreational vehicles shall be subject to § 152.046(F)(14); and
d. Parking in residential districts shall also be subject to § 152.056(J).
3. In all Residential Districts, parking or storage of a commercial vehicle shall be limited to one commercial vehicle with a maximum GVWR of 14,000 pounds in the front, side, street side, or rear yard setback area.
(12) Vehicle service. No person shall dismantle, repair, restore or otherwise perform any work on any vehicle, machine, motor, or similar device not owned or leased by that person or a member of that person's family, or household, on any property in a Residential District. In addition, any work performed beyond basic maintenance (tune-ups, service of fluids, replacement of minor parts) shall be:
(a) Incidental to a permitted use and completely within a garage or carport, except lots located in Blocks 55-80 and 92-93, but not including Block 75A, shall be permitted on a paved surface; or
(b) Completely within a paved concrete, asphalt, pavers, or gravel area wholly enclosed from the view of surrounding properties and rights-of-way by a solid structural barrier (either a wall or fence of ornamental block, brick, wood, or combination of those materials) of six feet in height.
(13) Inoperable or unregistered vehicles. Any personal vehicles, commercial vehicles and/or personal recreational vehicles, motor homes, utility trailers, camp trailers, boats and similar equipment which is inoperable and/or unregistered shall be parked or stored consistent with the following standards:
(a) Parking of operable vehicles, trailers, and vessels with registration expired three months or less is permissible under a carport, in a garage, or in an interior paved concrete, asphalt, pavers, or gravel side yard or rear yard area when screened by a solid six foot tall fence, wall or landscape barrier. No parking of inoperable or unregistered vehicles shall be allowed in the required front yard setback or street side yard setback.
(b) Inoperable vehicles, trailers, and vessels and/or those vehicles, trailers, and vessels with registration expired for a period greater than three months shall be stored in a garage or an interior paved concrete, asphalt, pavers, or gravel side yard or rear yard area when screened by a solid six foot tall fence, wall or landscape barrier. No parking of inoperable or unregistered vehicles shall be allowed in the required front yard setback or street side yard setback.
(14) Recreational vehicle parking and storage. The parking and/or storage of recreational vehicles, campers, travel trailers, motor homes, boats and personal recreational vehicles and trailers is permitted on any residential lot, subject to the following:
(b) Parking or storing in a required front yard or street side yard setback area shall be prohibited unless all of the following conditions exist:
1. The vehicle does not exceed a gross vehicle weight rating (GVWR) of 14,000 pounds;
2. The vehicle is parked on the designated driveway that provides direct access to the garage from the street or on an improved area having an asphalt, concrete, rock, gravel or other similar surface which is intended for the parking of vehicles;
3. The vehicle does not extend over a sidewalk or street;
4. The vehicle is fully operable and legally registered; and
5. No more than two such vehicles or trailers are parked or stored in the combined front or street side yard setback areas.
(c) There shall be no GVWR limit for any such equipment parked or stored in the side, street side, or rear yard setback area when screened by a solid six foot tall fence, wall, and/or landscape barrier as approved by the Zoning Administrator. Such equipment shall be parked or stored so as to maintain a minimum three-foot clearance on at least one side yard for emergency access.
(d) Temporary parking of recreational vehicles/trailers or recreational vehicles that exceed a gross vehicle weight of 14,000 pounds in a required front or side yard setback, driveway is permitted for loading/unloading or repairs for no more than 72 hours within seven consecutive days. The Zoning Administrator may authorize a longer period of time if an emergency exists, up to a maximum of five days.
(e) Such equipment shall be prohibited for human occupancy as a permanent residence. Temporary occupancy is allowed for periods of no more than 72 hours within seven consecutive days. Any temporary occupancy that exceeds this allowed period shall be required to obtain a temporary occupancy permit from the Community Development Department and shall be limited to four weeks per 12 month period. See § 152.047 for additional provisions and exceptions.
(f) Such equipment shall not be used for storage of goods, materials, or equipment other than those items considered to be a part of the recreational vehicle or essential for its use as a recreational vehicle.
(15) 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.
(Ord. 648-18, passed 11-28-2018)