(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 allowed to include the 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 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 are being established and erected 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 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 or use 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, or required street side or front yard setback.
(3) No accessory building or structure 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 accessory building or structure shall be deemed a part of the principal building and shall conform to the development standards of the principal building.
(4) Accessory structures may be attached or detached from the principal building in accordance with all applicable building and fire codes.
(5) The accessory building, structure or use 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 zoning district where the principal building is located when the accessory building or structure exceeds 15 feet in height.
(a) Exceptions. The following structures are exempt from the 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 the side and rear property lines, or the front setback if allowed to locate 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 that of the principal building. This provision shall not apply in the RE-1A and RE-2A, Commercial or Industrial Zoning Districts.
(2) The sum area of all principal and accessory buildings/structures shall not exceed the maximum lot coverage requirements established by this code.
(F) Additional standards for specific accessory buildings, structures and uses.
(1) Accessory dwelling unit detached (ADU).
(a) No more than one detached ADU may be located on any residential lot.
(b) A detached ADU shall be permitted in any residential zoning district where the lot has a minimum of 6,000 square feet or more in area, the lot coverage maximum is not exceeded by all structures, all required setbacks are met, and the minimum distance from other structures is adhered to due to the fire rating of structures. For attached dwelling units see Duplexes and Multi-family development standards. The ADU exterior design shall be compatible with the principal building, as approved by the Director or designee.
(c) Mobile and manufactured homes and recreational vehicles shall not be used as accessory ADUs.
(d) The ADU and the principal residence shall share the same utility meters.
(e) At least one additional off-street parking space shall be provided for each ADU.
(2) Watchman's quarters (WQ). In order to provide increased security within the industrial zoning districts a watchman's quarters (WQ) may be provided as an accessory use under the following conditions:
(a) WQs shall only be permitted within the BP, SC and IP zoning districts subject to approval of a conditional use permit. Before granting a CUP, the Council shall determine 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 WQs must clearly be accessory to the principal use, which must also be active at the time of CUP application and approval;
(c) Only one WQ per lot shall be permitted;
(d) WQs shall be attached and an integral part of the principal building and may not exceed 40% of the total building floor area, with a maximum quarter's size of 1,000 square feet;
(e) WQs shall meet fire code, residential building code and any other applicable codes or regulations;
(f) A WQ shall consist of separate sleeping, kitchen, and bathroom facilities, and shall not be considered an accessory dwelling unit;
(g) There shall be no payment of rent by the occupant of the quarters;
(h) The WQs and principal building shall share utility meters;
(i) At least one additional off-street parking space shall be provided for a WQ; and
(j) If principal building or use is destroyed or ceases to exist, use of the WQ shall also cease.
(3) Store/stay quarters (SSQ).
(a) SSQ shall only be permitted for individual storage spaces located within an indoor storage (boat, RV) facility in the C-2 and SC zoning districts subject to approval of a conditional use permit.
(b) A SSQ conditional use permit shall only be issued to the owner of the storage facility.
(c) SSQs shall only be used by the storage facility owner, family member, or a registered lessee.
(d) SSQs shall not be occupied more than 120 days per calendar year.
(e) SSQ shall not exceed 25% of the storage unit's gross floor area, with a maximum SSQ size of 800 square feet.
(f) SSQs shall not at any time be used as a vacation rental, or any other type of rental.
(g) SSQs shall meet fire and building codes and any other applicable codes or regulations.
(h) Owner shall sign an acknowledgement that the use is 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 SSQs, buildings and individual units shall be clearly marked with a city-provided address to city specifications.
(4) Employee/contractor quarters (ECQ).
(a) ECQs 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) ECQs shall be provided by the employer only and operated in direct connection with the principal use, which must be active at the time of CUP application and approval. ECQs shall not be converted to any other use without prior approval of an amendment to the CUP.
(c) ECQs shall not ever be used as a vacation or any other type of rental.
(d) ECQs shall meet fire and building codes and any other applicable codes or regulations.
(e) The minimum floor area used for sleeping purposes shall be 50 square feet for each occupant.
(f) At least one additional parking space per unit or three beds, whichever is more, shall be provided.
(g) ECQ shall be occupied for less than six months per calendar year.
(h) If the principal use is destroyed, removed or ceases to exist, the use of the ECQ shall also cease.
(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), Service Commercial (SC), Industrial Park (IP) and Airport Property subject to the following conditions:
1. A building permit shall be obtained prior to installing a cargo container as a permanent accessory use. Temporary placement and use of cargo containers by licensed contractors for transport and temporary storage in conformance with permitted uses does 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 for the applicable zoning district and all applicable fire and building codes.
3. Cargo containers may not occupy any required off-street parking spaces except for temporary use during permitted construction activities.
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, without approval from the city.
6. 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 Director.
7. Containers designed for storage that appear to be cargo containers, but don't 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 are always kept within a fully enclosed building or accessory building and which do not create odor or sound beyond the property boundaries.
(b) The keeping of large livestock is allowed in the RE-2A and RE-1A zoning districts. Large livestock shall be limited to four 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 applicable zoning district.
(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 shall not be allowed to flow onto adjacent properties.
(d) Places where animals are kept shall be maintained so that flies, insects, 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.
(7) Home occupations (HO). A HO shall be considered a permitted accessory use in all residential zoning districts provided they don't 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 neighborhood, and it complies with the following guidelines:
(a) All HOs shall be clearly incidental and subordinate to the principal use of the property as a residential home. A city business registration shall be maintained annually for the HO use.
(b) Each dwelling unit shall be limited to one permitted HO. Any additional HOs shall require a conditional use permit.
(c) All HOs shall be conducted entirely from within the principal residence or enclosed and approved accessory buildings, except for HOs that require the use of accessory structures as 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 any type of nuisance for neighboring properties.
(d) Areas devoted to the HO use shall maintain a residential character and appearance.
(e) There shall be no employees of the HO other than persons residing in the dwelling unit where the HO is conducted.
(f) There shall be no external evidence of the HO such as increased traffic, noise, dust, odors, fumes, vibration, electrical interference or fluctuation or other nuisances discernible beyond the property lines than would normally be experienced in a residential neighborhood.
(g) A HO shall not be conducted in a way that is perceptible beyond the property lines between the hours of 8:00 p.m. and 6:00 a.m., to include any loading/unloading of vehicles on the property or nearby street or alley 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 HO shall not result in excess generation of solid waste or use of utilities and public facilities in amounts greater than normal for residential use.
(j) Any parking incidental to the HO shall be provided only in the residential driveway, subject to compliance with the off-street parking requirements of § 152.056.
(k) The HO shall not park or store more than two vehicles having a gross vehicle weight over 10,000 pounds on the lot or adjacent streets at any time. However, in the RE-2A and RE-1A zoning districts, the parking and storage of up to two vehicles, directly related to the HO, 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 HO shall be fully enclosed within a building or structure.
(m) The following are examples of uses which would be acceptable as a HOs 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. Online businesses, computer programing and software development; and
8. Day care (maximum of four persons).
(n) A HO 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 local residents may be cause for termination of the home occupation.
1. All complaints or violation of the above conditions shall be registered with the City Code Compliance Officer and reviewed by the Director.
2. The burden of proof shall be upon the HO owner 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 Director may determine that a particular type or intensity of use is unsuitable to be a HO and require termination of the use. Appeals of the Director'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 areas shall be clearly defined on a site plan and approved by the Director and may be subject to appropriate conditions by the Director to ensure compliance with the provisions herein.
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 encroach upon or disrupt the normal function of the site or its circulation, or the 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 vehicular traffic.
(c) Display/sale of goods shall not be in any public right-of-way.
(d) Shall directly relate to a business occupying the same site, and shall display only goods of the primary business, unless associated with a non-profit organization.
(e) Shall be limited to the business hours of operation and be portable and removed from public view at the close of each business day, unless otherwise permitted through the site plan review process.
(f) No merchandise shall be affixed to the exterior of a building or displayed 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 always maintained 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 a commercial on-site primary use is permitted subject to the following conditions; however, the provisions of this section 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 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 or 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, which for this use is only applicable 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, where a new CUP would then be required.
(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 terms, conditions and restrictions of this chapter, the approved CUP or any other applicable laws. If the use is found to be in compliance, the CUP is allowed to continue. 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 §§ 152.058 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 and all stages and amplification devices shall also be pointed to direct sound away from any residential uses.
(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) Outdoor exhibitions or shows will not use any flammable or explosive items, fireworks, electronic light displays, or laser-operated device, without first being permitted in advance for such use by the City Fire Department.
(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, such volume and/or durations 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 local residents and business owners in accordance with the following standards:
(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 or rear yard when screened by an opaque 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 residentially zoned property.
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, not to exceed 72 hours, is permitted for the purpose of delivery or the loading/unloading of household or permitted home occupation related 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 an opaque six foot tall fence, wall, and/or landscape barrier;
c. 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, but not storage in excess of 72 hours, of a commercial vehicle shall be limited to one commercial vehicle with a maximum GVWR of 14,000 pounds in the front 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, sendee of fluids, replacement of minor parts) shall be:
(a) Incidental to a permitted use and wholly within a wholly enclosed 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 an enclosed building or a six foot high wall or fence of ornamental block, brick, wood, or any combination thereof.
(13) Inoperable or unregistered vehicles. Any personal, commercial 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 an opaque six-foot-tall fence, wall or landscape barrier. No parking of inoperable or unregistered vehicles shall be allowed in the required front 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 an opaque six-foot-tall fence, wall or landscape barrier. No parking of inoperable or unregistered vehicles shall be allowed in the required front 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 or street side yard setback 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 all-weather 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 setbacks.
(c) There shall be no GVWR limit for any such equipment parked or stored in the side, street side, or rear yard setbacks when screened by an opaque six-foot-tall fence, wall, and/or landscape barrier as approved by the Director. Such equipment shall be parked or stored to maintain a minimum three-foot clearance on at least one side yard for emergency access.
(d) Temporary parking of recreational vchicles/trailers or recreational vehicles that exceed a gross vehicle weight of 14,000 pounds in a required front or side yard setback or driveway is permitted for loading/unloading or repairs for no more than 72 hours within any seven consecutive days. The Director may authorize a longer period 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 any seven consecutive days. Any temporary occupancy that exceeds this allowed period shall be required to obtain a temporary occupancy permit from the Planning and Zoning Department and shall be limited to four weeks per any 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 (AESs).
(a) AESs, 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) AESs may be located on a parcel in a manner consistent with all development standards or accessory structure regulations in the respective zoning district in which the parcel is located.
(c) As part of the building permit review process, the Chief 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 package.
(d) Any part of the AES that creates or generates any nuisance beyond the subject property, including but not limited to any noxious fumes, heat, glare, reflection, flickering, strobing, and/or interference with electronic equipment of any household devices, such as television, radio, computer, internet and/or cell phone reception is prohibited.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)