4.9.6. RECREATION USE GROUP

   A.   Golf Course

      1.   Standards for Permitted and Special Exception Land Uses

         a.   At least nine holes are required.

         b.   There must be at least 75 feet between a tee and its hole.

         c.   A tee and cup must be at least 100 feet from any property line .

         d.   A driving range shall be placed so that flying balls are directed toward the interior of the site .

         e.   Subject to lighting requirements, Section 4.9.13.C, Lighting.

         f.   Activities may occur outdoors.

      2.   Standards for Accessory Uses to Golf Courses

         a.   Alcoholic Beverage Service

            (1)   Permitted only as part of, and in conjunction with, a Food Service use. All requirements for dispensing alcoholic beverages listed for Food Service, Section 4.9.6.A.2.b, apply.

            (2)   The Alcoholic Beverage Service area may not have a separate outside entrance. Access shall be through the Food Service use area.

            (3)   Large bars are not permitted.

         b.   Food Service

            (1)   The Food Service establishment shall have kitchen facilities for keeping, cooking, and preparing foods for meals .

            (2)   Food Service establishments with at least 75 seats for dining at regularly available tables may operate a cocktail lounge or bar to sell all spirituous liquors for on-premises consumption.

            (3)   Soup kitchens are not permitted.

         c.   Personal Service and General Merchandise Sales

            (1)   Personal Service and General Merchandise Sales shall be integrated into the main building associated with the principal use , such as a clubhouse or registration office. Access shall be from within such main building .

            (2)   No sign associated with the Personal Service or General Merchandise Sales shall be visible from the exterior of the building .

            (3)   General Merchandise Sales shall be limited to the sale of items related to the principal use only.

         d.   In addition to Section 4.9.6.A.2.a, .b, and .c, the following requirements apply.

            (1)   The minimum distance to any public street shall be 100 feet.

            (2)   Outside entrances shall not face any public street .

            (3)   The use is operated for the convenience of the users of the Golf Course.

4.9.7. RESIDENTIAL USE GROUP

   A.   Artist Studio/Residence in I-1

      1.   The use is limited to buildings 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 building shall be preserved or enhanced.

      4.   Residential use of the property shall be incidental and accessory to the artist studio use, with no greater than 50% of the floor area 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 adjacent properties.

      7.   The use shall not impair or interfere with the continued industrial use of adjacent properties or with the purposes of the industrial zone.

   B.   Family Dwelling

      1.   Both dwellings shall be under the same ownership and on the same parcel .

      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 subdivision recorded after January 1, 1982, and not located in a re-subdivision of any subdivision 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 subdivision  plat 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 lots 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 fill ;

         b.   No more than eight inches of perimeter skirting wall shall be visible from the street  frontage 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 street side of the dwelling;

         e.   All entry doors on the street 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-family dwelling in the R-1 zone with five bedrooms , three parking spaces are required. For every bedroom over five, one additional space is required for each bedroom . For all single-family dwellings in the R-1 zone with five or more bedrooms , and for all lots containing two or more single-family dwellings, with the second dwelling having more than one bedroom , all parking spaces must be located on-site , either in a side or rear perimeter yard . Parking spaces may not be located in a vehicular use area in any front street  perimeter yard . A parking area 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 parking area may be used.

      8.   If there is one or more dwelling(s) on a lot , all dwellings on a lot are considered to be one dwelling for the purpose of determining whether there is a group dwelling. If there are five or more unrelated persons residing on the lot , 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 nonconforming use and structure in accordance with Article 9, Nonconforming Uses , Buildings , and Structures, except as otherwise expressly provided in this Section and in Tucson Code Section 16-37. A protected development right plan approved by the Mayor and Council prior to the enactment of this ordinance shall be treated as a nonconforming use for a maximum number of unrelated persons equivalent to the number of bedrooms on the approved plan.

         a.   The right to treatment as a nonconforming use or structure 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 persons to whom the dwelling was leased pursuant to subsection (a) above. Such evidence may include executed leases, tax records, an approved protected development right 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 persons to whom the dwelling was leased.

         b.   If a group dwelling is established for treatment as a lawful nonconforming use as provided in subsection (1) above, the maximum number of unrelated persons 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 nonconforming use 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 persons , to related persons , or to a single family ; 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 nonconforming use 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 nuisance 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: Nonconforming Uses , Buildings , and Structures relating to the discontinuance or abandonment of a nonconforming use , the provisions of this Section and Tucson Code Section 16-37 shall control.

      10.   Occupancy of a dwelling by five or more unrelated persons is a group dwelling and is not permitted.

      11.   The following standards apply to family dwellings in the Rio Nuevo District:

         a.   The maximum density is 17 units per acre ;

         b.   A minimum lot size of 2,500 square feet is required;

         c.   The maximum permitted lot coverage is 90%;

         d.   A minimum perimeter yard equal to one and one-half times the height of the proposed exterior building wall is required from a property line  adjacent to a residential zone; and,

         e.   A perimeter yard is not required from a property line  adjacent to a nonresidential zone.

   C.   Family Dwelling or Mobile Home Dwelling as Accessory Use in Industrial Zones

      1.   The dwelling is permitted as an accessory use to an Industrial, Wholesaling, or Storage Use in the P-I, I-1, and I-2 zones .

      2.   The use is restricted to one single-family or mobile home dwelling for a caretaker of the principal use .

      3.   The dwelling shall conform to the development standards for the principal use .

   D.   Home Occupations are permitted as Accessory Land Uses to Mobile Home Dwelling or Family Dwelling as follows:

      1.   Home occupations other than those specified below are required to comply with Section 4.9.7.E, Home Occupation : General Standards; or,

      2.   The following uses within the specified zones are required to comply as follows:

         a.   Home Occupation : 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, & .13 and F.

         b.   Home Occupation : 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.   Home Occupation : 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.   Home Occupation : Travelers’ Accommodation, Lodging is permitted in R-2 and MH-2 subject to: 4.9.7.H.2 & .5 - .11.

         e.   Home Occupation : Travelers’ Accommodation, Lodging is permitted in R-3 and O-3 subject to: 4.9.7.H.4 - .11.

         f.   Home Occupation : Where Animal 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.   Home Occupation : 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.   Home Occupation : General Standards

      1.   Home occupations require review and consideration for approval in accordance with Section 3.3.3, PDSD Director Approval Procedure.

      2.   The home occupation shall be clearly secondary to the residential use of the dwelling.

      3.   The home occupation shall be conducted in such a manner that it is compatible with the residential character of the neighborhood in which it is located.

      4.   Except for multifamily development , no more than 25% of all buildings on the lot may be devoted to the home occupation . For multifamily development , no more than 25% of the dwelling unit may be devoted to the home occupation . A detached accessory building of not more than 200 square feet in area may be used for such home occupation . This provision applies to a Home Occupation : Crop Production greenhouses. Outdoor gardens are exempt.

      5.   Persons other than those residing in the dwelling shall not be employed in the home occupation , 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 zones .

      6.   Goods related to the home occupation shall not be visible from the street . This provision applies to a Home Occupation : Crop Production greenhouses. Outdoor gardens are exempt.

      7.   Goods shall not be sold on the premises.

      8.   Outdoor storage of materials or equipment related to the home occupation activity is not permitted on the premises.

      9.   Except for permitted signage and gardens not in an enclosed structure or building , 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 home occupation . The sign shall not exceed one square foot in size. Signs shall also conform to Chapter 3 of the Tucson Code.

      11.   A home occupation shall not create any nuisance , 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 adjacent properties is not permitted.

      12.   No more than ten clients per day, and only one client at a time, shall be permitted on site .

      13.   Except as otherwise required, additional motor vehicle and bicycle parking is not required for a home occupation . The home occupation 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 carport or garage or shielded from view from adjoining properties by landscaping , fencing, or screening material. Motor vehicle and bicycle parking necessitated by the conduct of such home occupation shall be provided on site .

      14.   Automotive - Service and Repair, and Medical Service uses are prohibited as home occupations .

      15.   For Home Occupation : 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.   Home Occupation , Day Care: Permitted in Office, Residential, NC and C-1 zones :

      1.   No more than one full-time equivalent person 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 floor area 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 adjoining R-3 or more restrictive zoning .

      4.   Hours of operation shall be noted on the application, and those hours of operation shall not create an adverse impact on adjoining 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 (ADHS), if required by ADHS, prior to final approval.

   G.   Home Occupation , Group Dwellings

      1.   Room and board shall be provided to not more than two persons in the Family Dwelling who are not members of the family or household in the IR, RH, SR, SH, RX-1, RX-2, MH-1 Zones . Room and board shall be provided to not more than four persons in the Family Dwelling who are not members of the family or household in the R-2 or MH-2 zones .

      2.   Meals shall be served only to roomers or boarders residing in the Family Dwelling. Separate cooking facilities in guest rooms are prohibited.

      3.   Parking is required for Group Dwellings in accordance with Section 7.4, Motor Vehicle and Bicycle Parking.

   H.   Home Occupation , Travelers’ Accommodation, Lodging

      1.   Accommodations are permitted for up to four guests for a maximum stay of 14 days . 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 days . 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 days . 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 days . No more than ten sleeping rooms can be used to accommodate guests.

      5.   Meals can be served only to guests staying in the facility. Separate cooking facilities in guest rooms are prohibited.

      6.   The PDSD Director shall determine whether the building and site  improvements are compatible with the surrounding residential area. The Design Review Board (DRB) reviews all applications, except those involving properties within the Historic Preservation Zone (HPZ), for compatibility and make recommendations to the PDSD Director . The DRB reviews architectural style, building elevations, materials on exterior facades, color schemes, new mechanical equipment locations, lighting of outdoor areas, window locations and types, screening, landscaping , vehicular use areas , and other contributing design features. Applications in an HPZ are reviewed for compatibility in accordance with Section 5.8.8, Design Review Required.

      7.   No more than one full-time equivalent person not residing on the premises may be employed in the home occupation 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 abutting R-3 or more restrictive zoning .

      9.   Motor vehicle and bicycle 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 Home Occupation , Group Dwelling and Home Occupation , and/or Travelers’ Accommodation, Lodging, occur on the same site , the total number of guests, roomers, and boarders shall not exceed the number of guests permitted for that zone.

      11.   The minimum required lot size is 10,000 square feet.

   I.   Accessory Uses 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 interior lot line of the mobile home park and 100 feet or more from any street lot line bounding the mobile home park;

         c.   The accessory use does not occupy more than 25% of the floor area of the social or recreation center;

         d.   No merchandise or supplies shall be stored or displayed outside the building ;

         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 accessory uses in accordance with the following:

         a.   Section 4.9.7.I.2;

         b.   Each model home shall have the same setback 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 zone, 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 gross floor area 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 zone, applicants for the use shall provide to the PDSD a report and site 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 site or on adjacent properties.

      6.   The site shall be located at least 500 feet, measured in a straight line, from the property line to a zone boundary line of R-3 or more restrictive zoning .

      7.   The maximum permitted lot coverage is 50%. Minimum setback from all interior lot lines  adjoining residential zoning shall be 25 feet. The minimum required lot size is three acres , except as follows:

         a.   In the RH zone, there is no minimum lot size ; or,

         b.   In the SR zone, the minimum required lot size is 144,000 square feet.

      8.   The maximum permitted lot coverage is 60%. The minimum required setback from all interior lot lines  adjoining residential zoning is 20 feet. The minimum required lot size is one and one-half acres , with the following exception. Exception: There is no minimum lot size requirement for Residential Care Services uses in the R-3, C-1, C-2, C-3, OCR-1, and OCR-2 zones .

      9.   The minimum required lot size is 20,000 square feet.

      10.   The site shall be located at least 200 feet, measured in a straight line, from the property line to a zone boundary line of R-3 or more restrictive zoning .

(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; Am. Ord. 11860, 8/10/21; Am. Ord. 11996, 3/21/2023)

4.9.8. RESTRICTED ADULT ACTIVITIES USE GROUP

   A.   Restricted Adult Activities

      1.   The adult establishment shall not be less than 1,000 feet from any church, school, public playground, park, or neighborhood recreation property line .

      2.   The adult establishment shall not be less than 1,000 feet from any residential use property line or residential zone boundary line.

      3.   The adult establishment shall not be less than 1,000 feet from the premises of any other adult entertainment enterprise.

      4.   The adult establishment requires approval in accordance with Section 3.3.3, PDSD Director Approval Procedure.

      5.   The land use activity shall occur within an enclosed  building .

      6.   In the I-1 zone, all activity, including the display of any retail items, shall occur within a completely enclosed  building and shall not be visible from the exterior.