The purpose of this article is to conform with A.R.S. § 9-462.13, which requires municipalities with populations of 75,000 or more persons to authorize the development of duplexes, triplexes, fourplexes, and townhomes as a permitted use no later than January 1, 2026, on both of the following: (a) lots zoned for single-family residential use within one mile of the municipality's central business district; and (b) at least twenty (20) percent of any new development of more than ten contiguous acres.

The regulations in this article are in addition to other codes and requirements of the City of Avondale. Unless specifically provided in this article, all other provisions of Chapter 28 Zoning Ordinance shall govern development under this article. Development permitted under this article shall be considered consistent with the general plan and any amendments thereto.

(Ord. No. 2043-1125, § 3, 11-17-25)

(a)

Eligibility. Subject to the requirements of this article, a duplex, triplex, fourplex, or townhome is allowed as a permitted use on:

(1)

A lot zoned for single-family residential use within one mile of central business district for middle housing (CBD); or

(2)

At least twenty percent (20%) of a new development of more than ten (10) contiguous acres zoned for single-family residential use; or

(3)

A planned area development (PAD) zoned parcel, where a single-family residential use is permitted, and meets the requirements of subsections (1) or (2) shall be deemed a single-family residential use for purposes of this article.

(b)

Non-eligibility. The following areas are not eligible to construct a duplex, triplex, fourplex, or townhome as a permitted use as provided in this article.

(1)

Areas that are not incorporated.

(2)

Areas that lack sufficient urban services at the discretion of the city manager or their designee.

(3)

Areas that are not served by water and sewer services.

(4)

Areas that are not zoned for residential use.

(5)

Areas that are not incorporated and are zoned under an interim zoning designation that maintains the area's potential for planned urban development.

(6)

Areas covered under A.R.S. Title 48, Chapter 6, Article 4 related to county improvement districts.

(7)

Any land within the territory in the vicinity of a public airport as defined in A.R.S. § 28-8486, or to the extent this section would interfere with the public airport's ability to comply with the laws, regulations, and requirements of the United States related to applying for, receiving, or spending federal monies.

(8)

Any land within the territory in the vicinity of a military airport as defined in A.R.S. § 28-8461.

(Ord. No. 2043-1125, § 3, 11-17-25)

The following development standards and procedures shall apply to all middle housing projects:

(a)

All new buildings and uses of land or substantial additions to or remodeling of existing buildings/uses shall be initiated by applying for a building permit, which shall include a site plan in accordance with Article 1 of Chapter 28 Zoning Ordinance, and subject to the following:

(1)

Evidence satisfactory to the director of development services that the proposed duplex, triplex, fourplex, or townhome is eligible as a permitted use in accordance with this article;

(2)

Evidence of sufficient urban services for the entire proposed development;

(3)

Remodeling of an existing building is allowed, provided the building can be converted to meet the applicable middle housing standards;

(4)

If the new development involves a land division into eligible lots, approval of a preliminary plat and design review for the housing product shall be required, prior to building permit application;

(5)

Written approval from the city engineer that there is adequate public sewer and water service for the entire proposed development; and

(6)

Notwithstanding the provisions of this article, the applicant will provide a utility provider, as defined by this article and impacted by a development being developed pursuant to this article, with the opportunity to review and approve the site plan for the development.

(b)

Location. Middle housing types shall only be constructed on a lot or parcel where a single-family dwelling is a permitted use or permitted with conditions use, and as specified under section 28-322 above.

(c)

Lot size. Middle housing shall be subject to the same minimum lot size requirements that apply to a single-family dwelling within the same zoning district.

(d)

Density. In no instance shall the number of dwelling units exceed four (4) per lot or parcel that complies with the minimum lot size.

(e)

Setbacks, lot width, and lot depth. Middle housing shall be subject to the same minimum setback, lot width, and lot depth requirements that apply to a single-family dwelling within the same zoning district.

(f)

Height. Middle housing shall be subject to the same maximum building height requirements that apply to a single-family dwelling within the same zoning district.

(g)

Building coverage and floor area ratio. Middle housing shall be subject to the same maximum building coverage requirements that apply to a single-family dwelling within the same zoning district. However, the floor area ratio may not be restricted to less than fifty (50) percent because of building coverage requirements.

(1)

For purposes of this section, floor area ratio means the ratio of allowed square footage in a middle housing project to the square footage of the parcel on which it is built.

(h)

Utility service. Middle housing shall require adequate provisions for electricity, water supply, and sewage disposal. The property owner shall be responsible for demonstrating adequate services and upgrading services if determined inadequate. Middle housing units are subject to all policies, procedures, permitting and fees, including impact fees for providing or upgrading utility services.

(i)

Solid waste service. Refer to chapter 11, solid waste code for information on residential garbage collection. Commercial service from an authorized solid waste collector and a trash enclosure may be required.

(j)

Parking. One (1) off-street parking space shall be required for each middle housing dwelling unit, with a minimum of two (2) of the spaces covered.

(k)

Landscaping. Middle housing shall provide landscaping in compliance with article 12, section 28-294(b)(2). The zoning administrator may authorize reduced landscaping quantities if easements or other special site conditions reduce the available planting area.

(L)

Middle housing is subject to article 2, section 28-33(j) regarding home-based occupations.

(M)

This article does not supersede applicable building codes, fire codes, or public health and safety regulations, except that the city may not require middle housing to comply with a commercial building code or contain fire sprinklers.

(Ord. No. 2043-1125, § 3, 11-17-25)

The single-family residential design manual adopted by the city council and maintained by the zoning administrator or designee shall serve as a framework for site and architectural design of middle housing in all districts.

(Ord. No. 2043-1125, § 3, 11-17-25)