4.9.7.  RESIDENTIAL USE GROUP
   A.   Artist Studio/Residence in I-1
      1.   The use is limited to in existence on February 25, 1991, within the designated Artist Studio/Residence Area as defined in Section 11.4.2, Definitions-A.
      2.   The use shall not displace existing industrial uses.
      3.   The appearance and structural integrity of the shall be preserved or enhanced.
      4.   Residential use of the property shall be and accessory to the artist studio use, with no greater than 50% of the devoted to the accessory residential use.
      5.   The accessory residential use shall be occupied by an artist who is also the occupant of the principal artist studio use.
      6.   Adequate measures shall be provided to assure the health, safety, and welfare of the occupants in relation to any industrial process, use, or storage carried out in the artist studio/residence or on properties.
      7.   The use shall not impair or interfere with the continued industrial use of properties or with the purposes of the industrial .
   B.    Dwelling
      1.   Both dwellings shall be under the same ownership and on the same .
      2.   Both dwellings shall comply with the dimensional standards in accordance with Article 6.
      3.   One dwelling must be at least 25% smaller than the other dwelling.
      4.   The dwellings may be attached or detached.
      5.   A manufactured housing unit is not considered a dwelling for the purposes of this section, unless it is located in a recorded after January 1, 1982, and not located in a re- of any recorded prior to January 1, 1982.
      6.   A manufactured housing unit is not considered a dwelling for the purposes of this section, unless the following standards are met or a that has been clearly identified for manufactured housing has been approved and permits for manufactured homes have been issued for 25% or more of the prior to December 27, 2000:
         a.   It is placed on an excavated and backfilled foundation (ground set). If the home is located in a floodplain, the bottom of the lowest floor joist shall be a minimum of one foot above the 100-year/base flood elevation, and the foundation of the home shall be placed on the ;
         b.   No more than eight inches of perimeter skirting wall shall be visible from the of the property. The perimeter skirting wall shall match the exterior color of the home;
         c.   The exterior siding materials shall be either hardboard, vinyl, or stucco;
         d.   Concrete or masonry steps shall be provided for the entry on the side of the dwelling;
         e.   All entry doors on the side of the dwelling shall be inward-swinging doors; and,
         f.   The roofing style and materials shall be either flat roof (Pueblo), steel rib roof, or shingle or tile roof with a 3:12 roof pitch or greater. All pitched roofs, except those that are disguised by a parapet, shall have a minimum six inch eave on all sides of the dwelling.
      7.   For any new single- dwelling in the R-1 with five , three parking spaces are required. For every over five, one additional space is required for each . For all single- dwellings in the R-1 zone with five or more , and for all containing two or more single- dwellings, with the second dwelling having more than one , all parking spaces must be located on- , either in a side or rear . Parking spaces may not be located in a in any front . A is not required to be developed to a commercial standard. A dustproof parking surface is required to at least a minimum of two inches of compacted pea gravel. An existing covered residential may be used.
      8.   If there is one or more dwelling(s) on a , all dwellings on a are considered to be one dwelling for the purpose of determining whether there is a group dwelling. If there are five or more unrelated residing on the , it is a group dwelling that is not permitted.
      9.   Subject to the requirements of this Section 4.9.7.B.9, any group dwelling use existing prior to February 15, 2012 shall be treated as a lawful and in accordance with Article 9, , , and , except as otherwise expressly provided in this Section and in Tucson Code Section 16-37. A plan approved by the Mayor and Council prior to the enactment of this ordinance shall be treated as a for a maximum number of unrelated equivalent to the number of on the approved plan.
         a.   The right to treatment as a or under this section is established by the following:
            (1)   Evidence that the property was registered as a rental property as required by A.R.S. §33-1902 on or before February 15, 2012, or is otherwise timely registered as required by that statute; and
            (2)   Evidence acceptable to the Zoning Administrator that establishes the maximum number of unrelated to whom the dwelling was leased pursuant to subsection (a) above. Such evidence may include executed leases, tax records, an approved plan as described in this section, or other documentation. An executed lease that was executed during the calendar year 2009, 2010, or 2011 shall be sufficient under this subsection to establish the number of to whom the dwelling was leased.
         b.   If a group dwelling is established for treatment as a lawful as provided in subsection (1) above, the maximum number of unrelated to whom the dwelling may be leased shall be that number established by the evidence provided under subsection (1)(b) above.
         c.   Notwithstanding the provisions of Section 9.2.1.B, an established under this Section 4.9.7.B.9 shall not be deemed abandoned or lost based upon the leasing of the dwelling after February 15, 2012 to less than five unrelated , to related , or to a single ; or upon the failure to lease the dwelling, provided that it is continually registered as a rental property as described under A.R.S. §33-1902.
         d.   The under this Section 4.9.7.B.9 may be suspended or lost as provided in Section 9.2.1.B if it is declared a public by court order pursuant to Tucson Code Section
         e.   To the extent any of the provisions of Tucson Code Section 16-37 or this Section 4.9.7.B.9 conflict with Article 9: , , and relating to the discontinuance or of a , the provisions of this Section and Tucson Code Section 16-37 shall control.
      10.   Occupancy of a dwelling by five or more unrelated is a group dwelling and is not permitted.
      11.   The following standards apply to dwellings in the Rio Nuevo District:
         a.   The maximum is 17 units per ;
         b.   A minimum of 2,500 square feet is required;
         c.   The maximum permitted is 90%;
         d.   A minimum equal to one and one-half times the height of the proposed exterior wall is required from a to a residential ; and,
         e.   A is not required from a to a nonresidential .
   C.    Dwelling or Mobile Home Dwelling as in Industrial
      1.   The dwelling is permitted as an to an Industrial, Wholesaling, or Storage Use in the P-I, I-1, and I-2 .
      2.   The use is restricted to one single- or mobile home dwelling for a caretaker of the .
      3.   The dwelling shall conform to the standards for the .
   D.    are permitted as Accessory to Mobile Home Dwelling or Dwelling as follows:
      1.    other than those specified below are required to comply with Section 4.9.7.E, : General Standards; or,
      2.   The following uses within the specified are required to comply as follows:
         a.    : Day Care is permitted in SR, SH, RX-1, RX-2, R-1, R-2, R-3, MH-1, MH-2, O-1, O-2, O-3, NC, and C-1 subject to: 4.9.7.E.1, .2, .3, .5, .6, .7, .9, .10, .11, .12, & .13 and F.
         b.    : Group Dwelling is permitted in IR, RH, SR, SH, RX-1, RX-2, R-1, R-2, R-3, MH-1, and MH-2 subject to: 4.9.7.G.
         c.    : Travelers’ Accommodation, Lodging is permitted in SR, SH, RX-1, RX-2, R-1, MH-1, O-1, O-2, and NC subject to: 4.9.7.H.1 & .5 - .11.
         d.    : Travelers’ Accommodation, Lodging is permitted in R-2 and MH-2 subject to: 4.9.7.H.2 & .5 - .11.
         e.    : Travelers’ Accommodation, Lodging is permitted in R-3 and O-3 subject to: 4.9.7.H.4 - .11.
         f.   : Where Production, Crop Production, General Farming, and/or Stockyard Operation is permitted as a principal use, the same standards and procedure required to establish the applicable principal use is required when establishing the home occupation.
         g.    : Urban Farm is permitted in O-1, O-2, O-3, NC, C-1, C-2, C-3, MU, OCR-1, OCR-2 subject to: 4.9.2.E and 4.9.7.E.5.
   E.    : General Standards
      1.    require review and consideration for approval in accordance with Section 3.3.3, PDSD Approval Procedure.
      2.   The shall be clearly secondary to the residential use of the dwelling.
      3.   The shall be conducted in such a manner that it is with the residential character of the neighborhood in which it is located.
      4.   Except for multifamily , no more than 25% of all on the may be devoted to the . For multifamily , no more than 25% of the may be devoted to the . A detached accessory of not more than 200 square feet in area may be used for such . This provision applies to a : Crop Production greenhouses. Outdoor are exempt.
      5.    other than those residing in the dwelling shall not be employed in the , except that one nonresident of the premises may be employed in the IR, RH, SR, SH, O-2, O-3, NC, C-1, C-2, C-3, OCR-1, and OCR-2 .
      6.   Goods related to the shall not be visible from the . This provision applies to a : Crop Production greenhouses. Outdoor are exempt.
      7.   Goods shall not be sold on the premises.
      8.   Outdoor storage of materials or equipment related to the activity is not permitted on the premises.
      9.   Except for permitted signage and not in an enclosed or , the home occupation use shall not substantially alter the exterior appearance or character of the residence in which it is conducted, either by exterior construction, lighting, graphics, or other means.
      10.   No more than one sign shall be visible from the exterior of the property used as a . The sign shall not exceed one in size. Signs shall also conform to Chapter 3 of the Tucson Code.
      11.   A shall not create any , hazard, or other offensive condition, such as that resulting from noise, smoke, fumes, dust, odors, or other noxious emissions. Electrical or mechanical equipment that causes fluctuations in line voltage, creates any interference in either audio or video reception, or causes any perceivable vibration on properties is not permitted.
      12.   No more than five clients per day, and only one client at a time, shall be permitted on .
      13.   Except as otherwise required, additional motor vehicle and parking is not required for a . The may involve the use of no more than one commercial vehicle for the transportation of goods or materials to and from the premises. The commercial vehicle is limited to a passenger car, van, or pickup truck. This vehicle cannot be more than 20 feet in overall length and not more than seven feet in overall height and shall be parked on private property in a or or shielded from view from properties by , fencing, or screening material. Motor vehicle and parking necessitated by the conduct of such shall be provided on .
      14.   Automotive - Service and Repair, hair salon, and Medical Service uses are prohibited as .
      15.   For : Crop Production and General Farming uses, the on-site accessory sale of agricultural products grown on-site is permitted in accordance with Section 6.6.5.F.
   F.    ,  Day Care: Permitted in Office, Residential, NC and C-1 :
      1.   No more than one full-time equivalent not residing on the premises shall be employed in the day care use.
      2.   During the hours of activity of the day care use, there is no limit on the amount of devoted to this use.
      3.   Outdoor activities and equipment associated with the use is permitted and shall be screened by a five-foot fence, wall, or hedge where R-3 or .
      4.   Hours of operation shall be noted on the application, and those hours of operation shall not create an adverse impact on residences.
      5.   Any vehicle used in conjunction with the day care use is limited to a passenger car, van, or pickup truck.
      6.   The day care use shall be approved and licensed by the Arizona Department of Health Services prior to final approval.
   G.    , Group Dwellings
      1.   Room and board shall be provided to not more than two in the Dwelling who are not members of the or in the IR, RH, SR, SH, RX-1, RX-2, MH-1 . Room and board shall be provided to not more than four in the Dwelling who are not members of the or in the R-2 or MH-2 .
      2.    shall be served only to roomers or boarders residing in the Dwelling. Separate in guest rooms are prohibited.
      3.   Parking is required for Group Dwellings in accordance with Section 7.4, Motor Vehicle and Parking.
   H.    ,  Travelers’ Accommodation, Lodging
      1.   Accommodations are permitted for up to four guests for a maximum stay of 14 . No more than two sleeping rooms shall be used to accommodate guests.
      2.   Accommodations are permitted for up to eight guests for a maximum of 14 . No more than four sleeping rooms can be used to accommodate guests.
      3.   Accommodations are permitted for up to 12 guests for a maximum stay of 14 . No more than six sleeping rooms can be used to accommodate guests.
      4.   Accommodations are permitted for up to 20 guests for a maximum stay of 14 . No more than ten sleeping rooms can be used to accommodate guests.
      5.    can be served only to guests staying in the facility. Separate in guest rooms are prohibited.
      6.   The PDSD shall determine whether the and are with the surrounding residential area. The Design Review Board (DRB) reviews all applications, except those involving properties within the Historic Preservation (HPZ), for and make recommendations to the PDSD . The DRB reviews architectural style, elevations, materials on exterior facades, color schemes, new mechanical equipment locations, lighting of outdoor areas, window locations and types, screening, , , and other contributing design features. Applications in an HPZ are reviewed for in accordance with Section 5.8.8, Design Review Required.
      7.   No more than one full-time equivalent not residing on the premises may be employed in the use.
      8.   Outdoor activities and equipment associated with the use are permitted and shall be screened by a five foot fence, wall, or hedge when R-3 or .
      9.   Motor vehicle and parking shall be provided in accordance with Sections 7.4.4 and 7.4.8 for the Travelers’ Accommodation, Lodging use and shall be in addition to that required for the residential use. Variances shall not be granted from the number of required parking spaces.
      10.   If , Group Dwelling and , and/or Travelers’ Accommodation, Lodging, occur on the same , the total number of guests, roomers, and boarders shall not exceed the number of guests permitted for that .
      11.   The minimum required is 10,000 square feet.
   I.    in Mobile Home Parks
      1.   Day Care, Child uses are subject to Sections 4.9.4.H.1, .2, .3, .4, and .5;
      2.   Travelers’ Accommodation, Campsite uses are subject to Section 4.9.4.Z;
      3.   The listed secondary uses, except for mobile home unit sales and Travelers' Accommodation, Campsite, are permitted only if all of the following apply:
         a.   The use is located in the social or recreation center of the park;
         b.   The social or recreation center is located 50 feet or more from any of the mobile home park and 100 feet or more from any bounding the mobile home park;
         c.   The does not occupy more than 25% of the of the social or recreation center;
         d.   No merchandise or supplies shall be stored or displayed outside the ;
         e.   Exterior signs or public advertising are prohibited; and,
         f.   Food and Beverage Sales is limited to a delicatessen, snack bar, or food store only. Personal Services is limited to a coin-operated laundry or pick-up station for dry cleaning only.
      4.   Vehicle rental and sales of model units in the mobile home park are permitted as in accordance with the following:
         a.   Section 4.9.7.I.2;
         b.   Each model home shall have the same and spacing requirements as other units;
         c.   The number of spaces allotted for model homes shall be no more than 5% of the total spaces in the mobile home park; and,
         d.   Exterior display or advertising is limited to one sign. The sign may not  exceed six square feet at each model, be over six feet in height nor be illuminated.
      5.   Recreational vehicles may occupy no more than 25% of the existing spaces designed for mobile homes provided:
         a.   The mobile home park is in an MH-2 , or the mobile home park was built prior to July 1, 1995.
         b.   The rental lease is for no less than one-month.
   J.   Residential Care Services
      1.   A Rehabilitation Service or Shelter Care use shall not be less than 1,200 feet, in any direction, from another Rehabilitation Service or Shelter Care use. The applicant shall provide documentation demonstrating compliance with this standard prior to the establishment of the use.
      2.   Other Services:
         a.   Accessory treatment, including counseling or other types of meetings, is not permitted for nonresidents of the facility.
         b.   Accessory treatment, including counseling or other types of meetings, is permitted for nonresidents of the facility, if limited to 25% of the of the facility.
      3.   Maximum Number of Residents Permitted.
         a.   Care is permitted for a maximum of ten residents.
         b.   Care is permitted for a maximum of 15 residents.
         c.   Care is permitted for a maximum of 20 residents.
         d.   Care is permitted for an unlimited number of residents.
      4.   If licensing is required by the State of Arizona for the use, proof of such licensure is required.
      5.   Prior to the establishment of a Rehabilitation Service or Shelter Care in an industrial , applicants for the use shall provide to the PDSD a report and environs analysis for the facility indicating that adequate measures are provided to assure the health, safety, and welfare of the residents of the facility in respect to any industrial process, use, or storage carried out on the or on properties.
      6.   The shall be located at least 500 feet, measured in a straight line, from the to a line of R-3 or .
      7.   The maximum permitted is 50%. Minimum from all residential zoning shall be 25 feet. The minimum required is three , except as follows:
         a.   In the RH , there is no minimum ; or,
         b.   In the SR , the minimum required is 144,000 square feet.
      8.   The maximum permitted is 60%. The minimum required from all residential zoning is 20 feet. The minimum required is one and one-half , with the following exception. Exception: There is no minimum requirement for Residential Care Services uses in the R-3, C-1, C-2, C-3, OCR-1, and OCR-2 .
      9.   The minimum required is 20,000 square feet.
      10.   The shall be located at least 200 feet, measured in a straight line, from the to a line of R-3 or .
(Am. Ord. 11127, 11/6/2013; Am. Ord. 11171, 5/20/2014; Am. Ord. 11201, 9/23/2014; Am. Ord. 11328, 12/8/2015; Am. Ord. 11557, 6/5/2018)