6.5.1. ONE OR MORE PRINCIPAL USES , SEPARATE PROJECTS

   One or more principal uses conducted as separate projects on a parcel is considered individually in determining the respective Land Use Classes and dimensional standards

6.5.2. TWO OR MORE PRINCIPAL USES , SAME PROJECT

   Two or more principal uses conducted as a single project , which integrates elements of the various uses, such as, but not limited to, vehicular parking, vehicular and pedestrian access, refuse collection, and loading services, as common use among the various uses in the project , shall have dimensional standards applied as follows:

   A.   Two or More Uses, Same Dimensional Standards

   On projects with two or more uses that have the same dimensional standards, the dimensional standard requirements shall be applied on the site as if there were only one use.

   B.   Two or More Uses, Different Dimensional Standards

   Projects without a residential component shall calculate the residential density (RAC), setbacks and the minimum lot size standards separately for the residential use. All other uses shall use the dimensional standards of the principal use having the least restrictive dimensional standards.

6.6. ACCESSORY USES , BUILDINGS , AND STRUCTURES

   Accessory uses and buildings are permitted in all zoning districts . Those land uses and buildings associated with and incidental to a principal building are accessory and subject to the provisions described below.

6.6.1. ACCESSORY USES

   In all zones , an accessory use shall comply with the following:

   A.   The use shall be incidental or secondary to the principal use and is located on the same parcel as the principal use ;

   B.   The use shall be intended for the occupants, residents, customers, employees, lessees, or guests of the principal use ;

   C.   The use shall not substantially alter the exterior appearance or character of the principal use or building to which it is incidental ; and,

   D.   Animals may be kept for personal use in all zones subject to Tucson Code, Chapter 4, and any applicable health regulations.

   E.   Medical Marijuana Designated Caregiver Cultivation Location

      1.   A designated caregiver may cultivate at their residence for a single qualifying patient subject to compliance with A.R.S. § 36-2806.01;

      2.   All conditions and restrictions for medical marijuana dispensary off-site cultivation locations apply except that the designated caregiver cultivation location cultivation area is limited to a total 250 square feet maximum, including any storage areas; and,

      3.   More than one designated caregiver may co-locate cultivation locations as long as the total cultivation area does not exceed 250 square feet maximum, including storage areas.

   F.   Medical Marijuana Qualifying Patient Cultivation Location:

      1.   A qualifying patient may cultivate at their place of residence subject to compliance with A.R.S. § 36-2806.01; and,

      2.   A qualifying patient, cultivating marijuana, shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency.

(Am. Ord. 11890, 12/7/2021)

6.6.2. ACCESSORY BUILDINGS AND STRUCTURES

   In all zones , the buildings used for accessory uses shall comply with the following:

   A.   The standards of this Section 6.6.2 apply in all zones to buildings used for accessory uses , except as noted in the following:

      1.   A structure if five feet or less in height and ten square feet or less in area, such as a doghouse, a refuse container enclosure, or play equipment.

      2.    A shelter for food producing animals if six feet or less in height and 16 square feet or less in area.

   B.   An accessory building shall be built only on a lot occupied by a principal building or use;

   C.   An accessory building shall be developed in accordance with the dimensional standards of the principal land use , except as provided by this section and, when applicable, Sections 6.6.3, Residential Uses, and 6.6.5, Urban Agriculture Uses and Activities;

   D.   An accessory structure , except for an accessory dwelling unit , that exceeds the allowable height of a wall within a perimeter yard and is detached from a principal structure shall comply with the perimeter yard width standards of the principal structure , except that the accessory structure may be built to a parcel line with the consent of the adjoining or, when separated by an alley, adjacent property owner(s) or as permitted by Section 6.6.5, Urban Agriculture Uses and Activities;

   E.   Accessory structures , such as light poles, flagpoles, and other tall and narrow structures that are similar, shall be exempt from the setback requirement. Amateur radio towers are exempt from the setback requirement and are allowed to a maximum height of 100 feet;

   F.   An accessory building , except for a stable or enclosure for animals , may be attached to a principal building , provided that its construction complies with the development requirements of the principal building ;

   G.   The use of solar energy collectors for the purpose of providing energy for heating or cooling shall be permitted in all zones , whether as part of a principal building or as an accessory building . Such solar collection devices shall not be included in computing lot coverage ;

   H.   All structures for livestock and other large farm animals such as ratites, as defined in the Tucson Code Chapter 4, Animals and Fowl, shall be set back at least 50 feet from all property lines , except corrals that shall be set back ten feet from all property lines . In addition, the proximity of corrals and barns or other structures for large farm animals from a dwelling unit on adjacent property shall be in accordance with Tucson Code Chapter 4, Section 4-27;

   I.   The maximum height of a wall or fence within a perimeter yard shall be six feet; however, the wall or fence may be higher than six feet, but no higher than ten feet, if: (See Figure 6.6.1-A, Height of Wall or Fence within a Side or Rear Perimeter Yard .)

      1.   At least 75% of the area above six feet in height is left unobstructed and open through the use of architectural elements, such as arches, columns, or wrought iron;

      2.   Part of, or located on top of, a retaining wall no higher than ten feet measured from design grade and no higher than six feet measured from the top of the retaining portion of the wall;

      3.   A greater height is required through the rezoning process or the special exception land use process; or,

      4.   A greater height is required by a specific UDC standard.

   J.   In nonresidential zones , walls or fences, as permitted in Section 6.6.2.I above, may exceed the height standards, provided the wall or fence complies with the perimeter yard standards applicable to buildings on the site ;

   K.   Accessory uses , buildings , and structures are not required to provide additional parking, landscaping and screening, or loading spaces beyond what is required of the principal use .

Figure 6.6.1-A: Height of Wall or Fence Within a Side or Rear Perimeter Yard

(Am. Ord. 11171, 5/20/2014; Am. Ord. 11328, 12/8/2015; Am. Ord. 11890, 12/7/2021)

6.6.3. RESIDENTIAL USES

      The buildings used for an accessory use to a residential use shall comply with the following:

      A.   An accessory building may be a building that is used as sleeping quarters by the residents of the dwelling unit in accordance with Sections 6.6.1.A and B. The sleeping quarters may include bedrooms , bathrooms, and a sitting room, provided the building complies with Section 6.6.1.C and is not the dominant use of the property;

      B.   An accessory dwelling unit may be used as living quarters in accordance with Sections 6.6.1.A. and B. Two accessory dwelling units are permitted per parcel developed with a Family Dwelling as defined in Section 11.3.7.A., with the exception of a Multifamily Development . A parcel developed with a duplex is permitted one accessory dwelling unit . The accessory dwelling unit may include a kitchen, bedrooms , bathrooms, and a sitting room, provided the building complies with Section 6.6.1.C. and is not the dominant use of the property. The following standards apply to these accessory dwelling units :

         1.   Accessory dwelling units are not subject to maximum residential density standards per Section 6.3.4.

         2.   On a lot or parcel of more than one acre in size, one further accessory dwelling unit is permitted in addition to those permitted per UDC 6.6.3.B., if at least one accessory dwelling unit on the lot or parcel is a restricted affordable dwelling unit , as defined in 11.4.2. The affordable unit must be deed restricted and proof must be provided as a condition of the building permit.

         3.   Vehicular parking is not required to be provided for accessory dwelling units .

         4.   If the accessory dwelling unit is built as a new structure it must be developed with a high albedo level (>60 SRI) or other cool roof technology per the ICC Green Construction Code.

         5.   An accessory dwelling unit is limited to 75% of the gross floor area of the principal dwelling, not to exceed 1,000 square feet of gross floor area . An accessory dwelling unit may be up to 650 square feet of gross floor area , regardless of the size of principal dwelling.

         6.   The minimum side and rear yard setback for an accessory dwelling unit is five feet.

         7.   Except as specified above, an accessory dwelling unit shall be developed in accordance with the dimensional standards of the principal land use.

         8.   Accessory dwelling units proposed within an overlay zone or other zoning area with specific design processes or guidelines, shall be subject to those regulations when no more restrictive than those applicable to single-family dwellings in that overlay and are no more restrictive than the entirety of UDC 6.6.3.B.

         9.   Accessory dwelling units are not required to match the exterior design, roof pitch or finishing materials of the single-family dwelling that is located on the same lot as the accessory dwelling unit .

         10.   If an established and occupied family dwelling proposes one or more accessory dwelling units in accordance with UDC 6.6.3.B., the lot or parcel shall not require a commercial site plan per UDC 3.3.3.G., be considered a multifamily development, require commercial development standards, or require improvements to public streets other than repairs due to construction activity.

      C.   Detached accessory buildings , including accessory dwelling units , are not permitted in the buildable area extending the full width of the lot between the principal building and the front street lot line , except for shade structures or carports not over 400 square feet in floor area , terraces and steps not over three feet high above the natural grade , paved areas, and fences or walls.

      D.   Accessory structures , except for accessory dwelling units , shall not exceed 12 feet in height, unless attached to a principal structure . If attached to the principal structure , maximum height permitted shall be the same as for the principal structure .

(Am. Ord. 11070, 5/14/2013; Am. Ord. 11890, 12/7/2021; Am. Ord. 11996, 3/21/2023; Am. Ord. 12131, 10/22/2024)