Zoning Determinations

The Zoning Administrator renders the final decision, interpretation/determination on the matter when questions occur concerning the content or application of the Unified Development Code (UDC) or the Land Use Code (LUC), whichever is applicable. In making the determination, the Zoning Administrator relies on the purpose of the UDC or LUC section in question. Interpretations and determinations made by the Zoning Administrator can be appealed to the Board of Adjustment in accordance with UDC Sections 3.10.1 and 3.10.2.

Other determinations made by the Zoning Administrator include the classification or reclassification of land uses proposed within the City limits. These land use determinations decide the zoning districts in which the land use may operate and the off-street parking requirements applicable to the land use.

Unified Development Code (UDC) Determinations

The Zoning Administrator has rendered the following determinations specific to the UDC. However, a determination of the Land Use Code may apply to the UDC when the requirement or standard for which a determination was rendered is substantively the same in the LUC and UDC.

Section/Table
(Link to Code)
Subject Address
(Link to PRO)
Date
Sec. 3.3.3.H

Reconstruct unsafe structure p/UDC Sec. 3.3.3.H: Zoning Compliance for Site Improvements in Existence on 5/1/2005

564 S. Stone Ave 04/23/2015
Sec. 3.11.1

DDO not allowed for new construction with setback less than 1'

2320 E. Hampton St 07/03/2014
Sec. 4.8

Craft Distillery allowed as an accessory use to Alcoholic Beverage Service

  08/27/2014
Sec. 4.8

Craft Distillery allowed as an accessory use to Food Service

  08/27/2014
Tbl. 4.8-5

Medical Marijuana Cultivation Site w/o Dispensary is Wholesaling: Business Supply and & Equipment Sales Use

6525 E. Littletown Rd 09/23/2013
Tbl. 4.8-5

Street Perimeter Yard for Storage Yard w/o building

1695 E. 21st St 09/23/2013
Tbl. 4.8-7

Medical Marijuana Infusion Kitchen allowed within a Dispensary Off-Site Cultivation Location

3615 E. Golf Links Rd

10/31/2013

Sec. 4.9.5.E

Use Specific Standards for Microbrewery apply to Craft Distillery

  08/27/2014
Sec. 4.9.9.E

Medical Marijuana Infusion Kitchen allowed within a Dispensary Off-Site Cultivation Location

3615 E. Golf Links Rd

10/31/2013

Sec. 4.9.10

Street Perimeter Yard for Storage Yard w/o building 

1695 E. 21st St
 
06/21/2005
Sec. 5.8.6

HPZ Review process

695 S. Main Ave 12/10/2013
Sec. 5.13

MGD Permitted Uses, "U" Designation, and Liquor Licenses

  05/05/2015
Sec. 6.6

Portable Storage Containers must meet accessory structure zoning provisions

  05/06/2015
Sec. 6.6.2.C

DDO allowed for conversion of existing enclosed accessory structures with setback less than 1'

2320 E. Hampton St 07/03/2014
Sec. 6.6.3

Street Landscape Border provisions not applicable on a site adjacent to landscaped I-10 frontage

1515 E. Ajo Wy 07/24/2014
Tbl. 7.6.4-1

Principal Structure GFA same as Building GFA when calculating 50% GFA for Accessory Structures

  08/27/2014
Sec. 11.3.5

Craft Distillery is same land use type as Microbrewery

  08/27/2014
Sec. 11.3.7

Modular Dwelling Units sealed by State of AZ same as Manufactured Housing Unit

  05/25/2015
Sec. 11.3.9

Medical Marijuana Cultivation Site w/o Dispensary is Wholesaling: Business Supply and Equipment Sales Use

6525 E. Littletown Rd 09/23/2013
Sec. 11.3.12

Medical Marijuana Cultivation Site w/o Dispensary is Wholesaling: Business Supply and Equipment Sales Use

6525 E. Littletown Rd 09/23/2013
Sec. 11.4.8

Principal Structure GFA same as Building GFA when calculating 50% GFA for Accessory Structures

  08/27/2014

 

 

Land Use Code (LUC) Determinations

The following determinations have been made to the LUC. Note:

  1. The determinations are organized by section number.
  2. In some instances, the materials linked below include more than one determination, which are ordered chronologically from newest to oldest. Scroll through all of the materials to verify whether a determination has been rendered for a particular provision.
  3. In some instances, one determination letter involves an interpretation of multiple code provisions. In these instances, the determination letter is posted in every pertinent section.   

Article I. General Provisions

Sec. 1.2:  Interpretation

Article II. Zones

Sec. 2.2.2: “RH” Rural Homestead Zone

Sec. 2.2.4: “SR” Suburban Ranch Zone

Sec. 2.2.6: “SH” Suburban Homestead Zone

Sec. 2.3.2: “RX-1” Residence Zone

Sec. 2.3.3: “RX-2” Residence Zone

Sec. 2.3.4: “R-1” Residence Zone

Sec. 2.3.5: “R-2” Residence Zone

Sec. 2.3.6: “R-3” Residence Zone

Sec. 2.3.7: “MH-1” Mobile Home Zone

Sec. 2.4.2: “O-2” Office Zone

Sec. 2.4.3: “O-3” Office Zone

Sec. 2.5.3: “C-1” Commercial Zone

Sec. 2.5.4: “C-2” Commercial Zone

Sec. 2.5.5: “C-3” Commercial Zone

Sec. 2.5.6: “P” Parking Zone

Sec. 2.6.2: “OCR-2” Office/Commercial/Residential Zone

Sec. 2.6.3: Planned Area Development (PAD) Zone

Sec. 2.7.1: “P-1” Park Industrial Zone

Sec. 2.7.2: “I-1” Light Industrial Zone

Sec. 2.7.3: “I-2” Heavy Industrial Zone

Sec. 2.8.1: Hillside Development Zone (HDZ)

Sec. 2.8.2: Scenic Corridor Zone (SCZ)

Sec. 2.8.3: Major Streets and Routes (MS&R) Setback Zone

Sec. 2.8.4: Gateway Corridor Zone (GCZ)

Sec. 2.8.5: Airport Environs Zone (AEZ)

Sec. 2.8.6: Environmental Resource Zone (ERZ)

Sec. 2.8.8: Historic Preservation Zone (HPZ)

Sec. 2.8.10: Rio Nuevo and Downtown (RND) Zone

Sec. 2.9.1: Open Space (OS) Zone

Article III. Development Regulations

Sec. 3.2.5: Accessory Uses and Structures

Sec. 3.2.6: Perimeter Yards

Sec. 3.2.8: Access

Sec. 3.2.13: Streets

Sec. 3.2.14: Lots

Sec. 3.3: Motor Vehicle and Bicycle Parking Requirements

Sec. 3.4: Loading Areas

Sec. 3.5: Performance Criteria:

Sec. 3.5.2: Agricultural

Sec. 3.5.3: Civic

Sec. 3.5.4: Commercial

Sec. 3.5.5: Industrial

Sec. 3.5.6: Recreation

Sec. 3.5.7: Residential

Sec. 3.5.8: Restricted Adult Activities

Sec. 3.5.9: Retail

Sec. 3.5.10: Storage

Sec. 3.5.11: Utilities

Sec. 3.5.12: Wholesaling

Sec. 3.6.1: Flexible Lot Development

Sec. 3.7: Landscaping and Screening

Sec. 3.8: Native Plant Preservation

Article IV. Subdivisions

Sec. 4.1: Subdivision

Sec. 4.3: Land Splits

Article V. Administration

Sec. 5.3.2: Rezoning

Sec. 5.3.3: Board of Adjustment

Sec. 5.3.4: Design Development Option

Sec. 5.3.6: Nonconforming Use

Sec. 5.3.9: Special Exception

Sec. 5.5: Compliance

Article VI. Definitions

Sec. 6.3.4: Civic

Sec. 6.3.8: Residential

Sec. 6.3.9: Restricted Adult Activities

Sec. 6.3.11: Storage