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The Residential Use Group includes
Classes and
Types that are residential on a nontransient basis. The following
Classes,
Types, and examples constitute the Residential Use Group.
A.
Dwelling
The occupancy (habitation) of a permanent or
on a
or
by one or more individuals holding the
under common property rights, living together as a single
, and using common
. Typical uses include attached or detached dwellings and single-
or multiple-
dwellings.
1. Duplex
A
containing two
on a single
or
.
2. Manufactured Housing
A multisectional mobile home dwelling manufactured after June 15, 1976, to standards established by the U.S. Department of Housing and Urban Development that has external dimensions of at least 24 feet by 40 feet and is installed on a permanent foundation. A manufactured housing unit is considered equivalent to a single-
dwelling. To be considered a manufactured housing unit under this
, a wall must be installed continuously, except for ventilation and access, along the entire perimeter of the unit between the unit and the ground to give it the appearance of a
-built house. The wall must be of masonry construction or similar material. The tongue, axles, transporting lights, and towing apparatus must be removed before occupancy.
3. Multifamily
Any residential
consisting of three or more
on an integrated
or single
.
4. Single-
Dwelling, Attached
A
attached on a horizontal plane to one or more
by structural elements common to the attached units. Each
is located on its own individual
or separated by a line denoting a separate ownership of each unit. The structural elements include common wall construction, roof, or other similar improvement. Elements such as trellises, beams, and patio walls are not included. The interior perimeter yard between units in a unified development may be reduced to 0 (zero) feet.
5. Single-
Dwelling, Detached
A
that is not attached to any other
by any structural elements, surrounded by
and located on its own separate
.
6. Accessory Dwelling
A
that is either: (a) detached, located on a
with a primary single-family dwelling, or (b) attached to a single-family dwelling. Accessory
are independent units and may include a kitchen,
, bathrooms, and a sitting room.
B. Group Dwelling
The residential occupancy of a permanent by five or more unrelated
or by one or more individuals where the individual or group of individuals has the exclusive right of occupancy of a
. Typical uses include fraternities; sororities; convents; dormitories; college student rentals; rooming and boarding; boarding houses, not primarily for travelers; and apartments where individual
are separately leased. Related
include
related by blood, marriage, domestic partnership as defined in Tucson City Code Chapter 17, Article IX or a legal custodial relationship.
1. Fraternity or Sorority
A
housing five or more student residents belonging to an organization created for scholastic, professional, or extracurricular activities, associated or formally organized for a common purpose. These organizations are typically recognized by universities as legally chartered fraternities or sororities.
C. Mobile Home Dwelling
A nonmotorized dwelling, transportable in one or more sections, constructed on a permanent chassis with wheels, suitable for year-round residential occupancy and requiring the same method of water supply, waste disposal, and electrical service as a
-built dwelling. Mobile home does not mean a
. Manufactured housing units that do not meet the criteria provided in Section 11.3.7.A.5, Manufactured Housing, and house trailers are considered mobile home dwellings.
1. Mobile Home Park
A
comprised of three or more mobile homes or manufactured housing units, or both dwelling types, that are designed to function as a residential community. The entire
may be owned by a single entity and rented to individual users or have multiple ownership with each
sold to individual property owners. The park may or may not have commonly-owned facilities.
D. Residential Care Services
Residential facilities that provide lodging,
, and treatment to
who are unable to be cared for as part of a single
. This use includes group homes and institutional living arrangements with 24 hour care. Residential Care Services are divided into the following
types: Adult Care Service; Physical and Behavioral Health Service; Rehabilitation Service; and Shelter Care. The
types are exclusive of each other.
1. Adult Care Service
A Residential Care Service providing lodging,
, supervision, and other support services to elderly or physically disabled individuals not related to the owner/manager of the facility. Typical uses include adult care homes, adult care facilities, and supervisory care facilities.
2. Physical and Behavioral Health Service
A Residential Care Service providing lodging,
, treatment, counseling, and supervision to
with behavioral disorders or developmental disabilities or to physically disabled individuals not related to the owner/manager of the facility. Typical uses include group homes for the developmentally disabled, group homes for the
, specialized treatment homes, group foster homes, and recovery homes for substance abusers. This category does not include facilities used for penal or correctional purposes or for adjudicated delinquents other than
.
3. Rehabilitation Service
A Residential Care Service providing lodging,
, counseling, treatment, and rehabilitation to adjudicated delinquents.
4. Shelter Care
A Residential Care Service providing lodging on a temporary basis,
, and counseling to homeless
, pregnant teenagers, victims of domestic violence, and children who need full-time supervision, including those who are neglected, runaways, or
.
(Am. Ord. 11890, 12/7/2021; Am. Ord. 11996, 3/21/2023)
The Restricted Adult Activities Use Group classifies activities that provide entertainment and/or goods depicting, describing, or relating to “
” or characterized by emphasis on depiction, description, or relation to “
.” The following
Classes comprise the Restricted Adult Activities Use Group.
A. Adult Commercial Services
All
Classes within the Commercial Services Use Group that depict, describe, or relate to “
” or are characterized by emphasis on depiction, description, or relation to “
,” as defined in Section 11.4.20, Definitions - S. Typical uses include adult model studios, adult massage parlors, adult motels, and adult theaters.
B. Adult Industrial Uses
All
Classes within the Industrial Use Group that depict, describe, or relate to “
” or are characterized by emphasis on depiction, description, or relation to “
,” defined in Section 11.4 below. Typical uses include adult motion picture productions.
C. Adult Recreation
All
Classes within the Recreation Use Group that depict, describe, or relate to “
” or are characterized by emphasis on depiction, description, or relation to “
,” defined in Section 11.4 below. Typical uses include adult arcades, body painting studios, and legally permitted sexual encounter establishments.
D. Adult Retail Trade
All
Classes within the Retail Trade Use Group that depict, describe, or relate to “
” or are characterized by emphasis on depiction, description, or relation to “
,” defined in Section 11.4 below. Typical uses include adult bookstores.
The Retail Trade Use Group includes
Classes that involve the selling, leasing, or renting of merchandise to the general public. The following
Classes and examples comprise the Retail Trade Use Group.
A. Construction Material Sales
The sale of lumber or other
materials. Typical uses include lumberyards, fence companies, and brick and block sales.
B. Food and Beverage Sales
The retail sale of food or beverages for consumption off the premises, such as bakeries, butcher shops, grocery stores, and liquor stores.
1. Farmers’ Market
A public or privately operated open-air establishment that allows the selling of agricultural products such as fruits, vegetables, mushrooms, herbs, nuts, flowers, nursery stock,
food products such as eggs, honey, meat, milk, cheese, other dairy products and fish, as well as non-edible bee products and handcrafted items. The predominant sales area must be for food products.
C. General Merchandise Sales
The selling, leasing, or renting of commonly used merchandise for personal or
use and the providing of services
to the selling, leasing, or renting of goods. Typical uses include department and variety stores, automotive accessories and new parts stores, fuel and lubricant sales, apparel stores, drugstores, florists, furniture stores, pet stores, and video tape rental and sales.
1. Home Improvement Center
A facility of more than 30,000 square feet gross floor areas engaged in the retail sale of various basic hardware lines, such as tools, builders hardware, paint and glass, plumbing and electrical supplies, housewares and
appliances,
supplies, and cutlery.
2. Retail Establishment, Large
A retail establishment (General Merchandise Sales), a retail grocery establishment (Food and Beverage Sales), or an establishment with a combination of both uses, comprised of more than 100,000 square feet of
, that includes
and any outside area which provides associated services to the public, such as, but not limited to, outdoor merchandise display, snack bars, etc. The
does not include motor vehicle parking or
. For the purposes of determining the applicability of the 100,000
maximum, the aggregate square footage of all
stores, that share checkstands, management, a controlling ownership interest, and storage areas, are considered one establishment, e.g., a plant nursery associated with a general merchandise store, such as a home improvement store.
3. Shopping Center
A
composed of an integrated group of establishments (stores), planned, constructed, and managed as a unit, utilizing common or shared facilities, such as
, parking, and vehicular and pedestrian access, where no more than 50% of the
is
to uses with a parking formula of one space per 100 square feet of
or a more intense formula. The individual establishments may be owned by a single entity or by separate entities.
D. Heavy Equipment Sales
The sale, lease, or rental of heavy vehicles, heavy machinery, aircraft, farming equipment, or utility trailers. Typical uses include the sale of aircraft, commercial vehicles, and construction equipment.
E. Medical Marijuana Designated Caregiver Cultivation Location
A Medical Marijuana Designated Caregiver Cultivation Location or Cultivation by a Designated Caregiver refers to cultivation of Medical Marijuana by a Designated Caregiver and Cardholder whose registration card indicates that the cardholder has been authorized to cultivate marijuana plants for a qualifying patient(s)’ medical use pursuant to The Arizona Medical Marijuana Act, A.R.S. § 36-2804.04.A.7. (Ord. No. 10850, § 6, 11/23/10)
F. Marijuana Dispensary
A Marijuana Dispensary refers to the following:
1. "Nonprofit Medical Marijuana Dispensary" as set forth in The Arizona Medical Marijuana Act, A.R.S. § 36-2801.11.
2. "Dual Licensee" as set forth in The Arizona Smart and Safe Act, A.R.S. § 36-2850.9.
3. "Marijuana Establishment", as set forth in the Arizona Smart and Safe Act, A.R.S. § 36-2850.21(a).
G. Marijuana Dispensary Off-site Cultivation Location
A Marijuana Dispensary Off Site Cultivation Location means the additional location, if any, where marijuana may be cultivated for the use of a Marijuana Dispensary as disclosed pursuant to The Arizona Medical Marijuana Act, A.R.S. § 36-2804.B.1.b.ii and/or The Arizona Smart and Safe Act, A.R.S. § 36-2850.21(a).
H. Marijuana Dispensary Off-site Manufacturing Location
A Marijuana Dispensary Off-site Manufacturing Location is the additional location, if any, where marijuana may be manufactured for the use of a Marijuana Dispensary as disclosed pursuant to The Arizona Smart and Safe Act, A.R.S. § 36-2850.15.
I. Medical Marijuana Qualifying Patient Cultivation Location
A Medical Marijuana Qualifying Patient Cultivation Location shall mean cultivation of medical marijuana by a qualifying patient pursuant to The Arizona Medical Marijuana Act, A.R.S. §36-2801.1.a.ii, but shall only include a Qualifying Patient who is also a Cardholder, authorized to cultivate marijuana plants pursuant to the provisions of A.R.S. §36-2804.02.A.3.f.
J. Swap Meets and Auctions
Occasional or periodic commercial activities held in an open area or
where: 1) groups of sellers rent space on a short-term basis to display, barter, or sell goods to the public and at least 50% of swap meet space does not occupy the same allotted area on an uninterrupted, continuous, daily basis for the purpose of display and sale, exchange, or barter of merchandise, exclusive of occasional craft fairs and benefit sales held on public property; or 2) one or more sellers bring goods for auctioning to the public. Typical uses include swap meets, flea markets, and auctions.
K. Vehicle Rental and Sales
The sale, lease, and/or rental of automobiles, motorcycles, noncommercial trucks, boats, vans, motor homes, trailers, or other recreational vehicles. Typical uses include automobile and truck dealers and rental agencies.
(Am. Ord. 11328, 12/8/2015; Am. Ord. 11828, 4/6/2021; Am. Ord. 11978, 12/20/2022)
The Storage Use Group includes
Classes that involve on-
keeping of trade and personal goods. The following
Classes constitute the Storage Use Group.
A. Commercial Storage
The keeping of trade or personal goods by business and industrial establishments. Typical uses include cold storage plants, warehouses, data storage facilities, and utility storage yards.
B. Hazardous Material Storage
The keeping of explosive, highly combustible, corrosive, toxic, highly oxidizing, or
. Typical uses include storage for distribution of petroleum products.
C. Personal Storage
The renting or leasing of space for storage of personal effects. Typical uses include multiple unit storage facilities or miniwarehouses.
The
Use Group includes
Classes that involve the generation, transmission, and/or distribution of basic services, such as sanitation, water, gas, and electrical services. The following
Classes constitute the
Use Group.
A. Distribution System
The dispensing or transforming of basic services, such as gas, electricity, or water, from one part of an interconnected system to another. Typical uses include electric substations, gas distribution substations, and water wells.
B. Generating System
A facility that produces energy. Typical uses include electrical generating plants.
C. Renewable Energy Generation
A
producing commercial power from natural resources, such as sunlight, wind, rain, tides, and geothermal heat, that are renewable (naturally replenished). Typical uses are solar, geothermal, natural or methane gases, and wind power.
D. Sanitation System
The collection, disposal, or treatment of waste materials. Typical uses include sewage pumping stations, sanitary landfills, sewage treatment facilities, and hazardous material treatment facilities.
E. Transmission Lines
Transportation facilities for the conveyance of commodities other than petroleum. Utility lines include facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices, service centers, or distribution substations.
(Am. Ord. 11942, 7/12/2022)
The Wholesaling Use Group includes
Classes that involve the selling of trade goods, supplies, or equipment to retailers, businesses, or other wholesalers for their use or resale at retail. The following
Classes comprise the Wholesaling Use Group.
A. Business Supply and Equipment Wholesaling
The selling of goods, supplies, or equipment to commercial service or retail trade establishments. Typical uses include wholesale distributors of trade goods and service products, such as medical and restaurant equipment and supplies.
B. Construction/Heavy Equipment Wholesaling
The selling of large motor vehicles, equipment, machinery, or construction materials to other businesses. Typical uses include construction and farm equipment distributors.
C. Food and Beverage Wholesaling
The selling of food or beverage products to other businesses. Typical uses include produce companies and beverage distributors.
D. Hazardous Material Wholesaling
The selling to other businesses materials that are explosive, highly combustible, corrosive, toxic, highly oxidizing, or radioactive. Typical uses include petroleum supply and distribution of hazardous chemicals.
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