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)

6.6.4. NONRESIDENTIAL USES

   The building used for an accessory use to a nonresidential use shall comply with the following:

   A.   An accessory building shall not be occupied as a dwelling, except as a caretaker’s facility;

   B.   The area of a site occupied by an accessory use or building shall be included as part of the lot coverage calculation; and,

   C.   The structure used for an accessory use within a nonresidential zone shall comply with dimensional standards of the principal structure.

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

6.6.5. URBAN AGRICULTURE USES AND ACTIVITIES

   A.   Accessory Community Garden

      1.   Community gardens are permitted as an accessory use in any zone in accordance with the standards provided below.

      2.   Permitted Activities and Uses

         The following activities and uses are permitted in a Community Garden:

         a.   Growing and harvesting of agricultural products;

         b.   The keeping of food producing animals is permitted as an accessory use to the growing and harvesting of agricultural products in accordance with Section 6.6.5.E, Keeping of Food Producing Animals . Permission from the property owner is required and a sign must be posted identifying the person responsible for caring for the animals and his or her contact information;

         c.   Greenhouses and on-site sale of agricultural products grown on-site are permitted in accordance with Section 6.6.5.D and 6.6.5.F, respectively;

         d.   During an on-site sales event, a temporary booth or canopy may be located within the front yard setback of the property and is exempt from Sections 6.6.1.C and 6.6.3.B;

         e.   Outdoor activity, including the outdoor display of products for sale grown on-site , is permitted.

      3.   The growing and harvesting of agricultural products that are not in a structure are exempt from the perimeter yard requirements of the underlying zone .

   B.   Composting

   Composting shall be maintained in accordance with applicable sections of the Tucson Code, Section 4-28 of Animals and Fowl and Section 16-13 of the Neighborhood Preservation Ordinance.

   C.   Gardens

      1.   Gardens are permitted as an accessory use to any residential or nonresidential use.

      2.   Gardens not in greenhouses are exempt from this Section 6.6, Accessory Uses, Buildings, and Structures. Further, gardens may be located in the buildable area extending the full width of the lot between the principal building and the front street lot line .

      3.   Gardens in greenhouses are subject to Section 6.6.5.D.

      4.   Vertical gardens mounted on a perimeter wall or fence are permitted provided they do not affect the integrity of the wall or fence and the fastening devices do not project or otherwise create a safety hazard to adjacent property owners.

   D.   Accessory Greenhouses

   Greenhouses are permitted as accessory buildings or structures as follows:

      1.   Greenhouses must comply with Section 6.6.2, Accessory Buildings and Structures unless otherwise regulated in this section.

      2.   Except when accessory to a community garden or urban farm, greenhouses are prohibited in the buildable area extending the full width of the lot between the principal building and the front street lot line .

      3.   Passive Greenhouses

      Passive greenhouses shall comply with the dimensional standards of Section 6.6.2. Greenhouses cooled solely by an evaporative cooler are considered a passive greenhouse .

      4.   Mechanical Greenhouses

      Accessory greenhouses are permitted in accordance with Section 4.9.2.B.1.c.

      5.   The maximum permitted height of a greenhouse is 12 feet in a residential zone and in accordance with Section 6.6.4.C in a nonresidential zone .

   E.   Keeping of Food Producing Animals

      1.   This section applies to food producing animals as defined in Section 11.4.7, Animals , Food Producing.

         a.   The keeping of food producing animals shall be conducted in accordance with this Section 6.6.5.E and the Tucson Code, Chapter 4, Animals and Fowl. In the case of a conflict, the standards of this Section shall control.

         b.   This Section 6.6.5.E does not apply to:

            (1)   The keeping of livestock; or,

            (2)   Animals not defined as food producing animals such as pigeons, parrots, dogs, cats, and fish.

         c.   Uncastrated male miniature goats older than 5 months and male fowl are prohibited.

      2.   The keeping of food producing animals is permitted as an accessory use to:

         a.   Permitted residential use in residential and nonresidential zones ;

         b.   Accessory Community Garden per Section 6.6.5.A; or,

         c.   Accessory Urban Farm per Section 4.9.2.E.1.b.

      3.   Maximum Number of Food Producing Animals Permitted

         a.   Animal Units as defined in Section 11.4.2 are used as a basis for determining the maximum number of food producing animals permitted.

         b.   Animal units are assigned as follows:

 

Food Producing Animal	Units per Animal
Chicken	1
Duck	2
Turkey or Goose	4
Miniature Goat (female or neutered male only)	5

 

         c.   The calculation for the maximum number of animals permitted is the lesser of either two (2) Animal Units per 1,000 square feet of the lot size or the maximum total Animal Units of the lot size as follows:

 

Lot Size	Maximum Number of Total Animal Units Permitted
Less than 16,000 sf	24
16,000 sf to 143,999 sf	36
144,000 sf or more	48

 

         d.   It is recommended that miniature goats be raised in pairs or small groups for their well-being.

         e.   Exemptions: The following are exempt from this Section 6.6.5.E:

            (1)   Animal Production, General Farming, or Stockyard Operation Uses or when an Accessory Shelter or Structure in the RH, SR, SH, RX-1, IR, or MU zones. These uses must comply with Chapter 4 of the Tucson Code;

            (2)   Non-profit, agriculture-related organizations, such as the 4-H Club and Future Farmers of America. These organizations must comply with Chapter 4 of the Tucson Code; or,

            (3)   Rabbits, rodents, and invertebrates, such as worms. These must comply with Chapter 4 of the Tucson Code.

         f.   Requests to increase the number of permitted food producing animals are considered in accordance with Section 3.3.4, 100' Notice Procedure.

      4.   Location and Setback Requirements

         a.   Food producing animals and shelters are prohibited in the buildable area extending the full width of the lot between the principal building and the front street lot line . Food producing animals and their shelters are permitted in other perimeter yards .

         b.   Animal shelters six feet or less in height and sixteen square feet or less in area are not required to setback from side or rear property line , but are required to be behind the principal building and at least 20 feet from the dwelling unit on an abutting property.

         c.   Animal shelters more than six feet in height and greater than 16 square feet in area must be set back in accordance with Section 6.6.2.D. Shelters shall also be at least 20 feet from the dwelling unit on an abutting property. Exceptions: A setback is not required from property lines  abutting  alleys or other types of rights-of-way or easements or when adjacent to a nonresidential use.

         d.   Requests to reduce the setback requirements for animal shelters are considered in accordance with Section 3.3.4, 100' Notice Procedure, Section 3.11.1, Design Development Option, or Section 6.6.5.E.7, Existing Shelter Exemption.

      5.   The maximum permitted height of an animal shelter is 12 feet.

      6.   Food, water, and other items that may attract coyotes, bobcats, javelinas and other predators must be kept in a secure location.

      7.   Existing Shelter Exemption

         a.    A shelter for food producing animals that has existed prior to the effective date of the ordinance in a location that does not comply with the food producing animal  shelter  setback standards set in the ordinance may apply for an exemption from the affected perimeter yard  setbacks and dimension standards of this section.

         b.    To qualify for the exemption the applicant must submit a PDSD accepted site or plot plan and the shelter must meet the following criteria:

            (1)    There is proof from an aerial or other source of the shelter’

            (2)    There are no applicable Code Enforcement violations involving the shelter for the past five years submitted by a property owner within 300 feet of the subject property.

            (3)    The shelter is accepted as meeting basic construction standards by PDSD.

         c.    PDSD shall establish a single fee to cover a single plan review and inspection.

         d.    This exemption terminates on January 9, 2018.

   F.   On-Site Sale of Agricultural Products Grown On-Site

   The accessory sale of agricultural products is permitted in accordance with the following:

      1.   Sales are limited to agricultural products grown on-site , including produce and the eggs of food producing animals raised on-site ;

      2.   Outdoor sales of products grown on-site are permitted;

      3.   On-site sales are limited to the hours of 7 a.m. to 8 p.m.;

      4.   Number and Duration of Sales Events Permitted

         a.   In the residential, office, institutional reserve (IR), parking (P), and recreational vehicle (RV) zones and residential uses in nonresidential zones , the on-site sale of goods is restricted to no more than four advertised events per calendar year. An event shall not occur on more than three consecutive days. An “advertised event” is one in which the organizer advertises the sales event Citywide online, or in any newspaper;

         b.   In the commercial, mixed use, industrial, neighborhood commercial (NC), rural village center (RVC), and mixed use (MU) zones , there are no restrictions on the number and duration of sales events provided the sales are accessory to the growing of agricultural products;

         c.   The combination of yard sales and on-site sale of agricultural products shall not exceed four (4) events per calendar year.

      5.   Temporary accessory structures associated with the agricultural product sales, such as booths and awnings, are exempt from Sections 6.6.1.C and 6.6.3.B and may be located in the buildable area extending the full width of the lot between the principal building and the front street lot line . The accessory structures shall be removed at the end of the sales event.

(Ord. 11328, 12/8/2015; Am. Ord. 11732, 2/19/2020)