The residential districts are designed to promote high quality neighborhoods that have a distinct character, superior aesthetics, desirable amenities, open space and landscaping to meet the needs and expectations of the city's residents. The districts range from low to high density, with distinct lists of allowed uses, development regulations and design requirements. These regulations are intended to further the intent and policies of the city's general plan and to promote the health, safety and welfare of the city's citizens and visitors.

It is the intent of this ordinance to group similar or compatible land uses into specific zoning districts, either as permitted uses, uses permitted with conditions, or as uses authorized by a conditional use permit. Uses not listed as a permitted, permitted with conditions, or conditional use shall be prohibited from the applicable zoning district. In the event a particular use is not listed in this section and is not otherwise prohibited by law, the zoning administrator or designee shall determine whether such unlisted use is analogous to other listed uses; the determination shall be made pursuant to section 28-5 of this ordinance. The residential districts are grouped into six (6) categories, each with a specific purpose, as follows:

A.

Agricultural (AG) Zoning District. The purpose of the Agricultural (AG) Zoning District is to allow agricultural, ranching and related uses within the city. The district also serves as a holding zoning for land until suitable for rezoning and development.

B.

Rural Residential - RR-43 and RR-18 Zoning Districts. The purpose of the RR-43 Zoning District is to encourage and preserve low-density residential developments with low intensity agricultural operations in a growing area. The purpose of the RR-18 district is to encourage Single-Family Residential uses and provide a semi-rural character that includes the keeping of farm animals. The intent of the district is to provide an appropriate buffer between urban and agricultural lifestyles with livestock and animal provisions while fostering orderly growth and limiting nonresidential land uses to maintain a rural residential character.

C.

Suburban Residential - R1-35, R1-15, R1-10, and R1-8 Zoning Districts. The purpose of these districts is to provide low-density, estate-type residential uses. The districts serve as a transition between agricultural uses and urban development.

D.

Urban Residential - R1-7, R1-6 and R1-5 Zoning Districts. The purpose of these districts is to provide a variety of single-family detached residential dwelling types at an urban density.

E.

Multi-Family Residential - R-2, R-3, and R-4 Zoning Districts.

1.

The R-2 Zoning District is intended to provide a transition from Single-Family Residential neighborhoods to a mixture of higher intensity land uses. Properties in this district are intended to be developed as single-family detached and attached, townhomes and patio homes.

2.

The R-3 Zoning District is intended to provide for townhome, condominium and apartment uses.

3.

The R-4 Zoning District is intended to be located near high activity commercial areas of the city and providing for high intensity townhome, condominium, apartment, and loft apartments.

F.

Manufactured Home Park - MH Zoning District. The purpose of the MH Zoning District is to provide an alternative living style and dwelling type to conventional single-family and multi-family housing. Standards contained herein are designed to afford adequate separation of manufactured home units, screening and open space in order to enhance the park environment.

The following land use matrices shows the uses, which are permitted outright (P), permitted with a conditional use permit (C), permitted with conditions (PC), permitted as accessory uses (A) or prohibited (-) in specific residential zoning districts in the City of Avondale. The land use matrix is intended to serve as a guide for the convenience of the reader. Where the text of this zoning ordinance differs from the land use matrix, the text shall prevail.

A.

Single-family districts.

Land Use Matrix

P = Permitted use

C = Conditional use permit required

PC = Permitted with conditions

- = Not permitted

B.

Multi-family districts and manufactured home park.

Land Use Matrix

P = Permitted use

C = Conditional use permit required

PC = Permitted with conditions

- = Not permitted

(Ord. No. 2045-1220, § 6, 12-7-20; Ord. No. 2055-0823, § 8, 8-21-23; Ord. No. 2032-1124, § 2, 11-18-24)

The following land uses are listed in the land use matrix as permitted with conditions. These uses are permitted by right only if the conditions listed below for the individual uses are met. Based on site plan review, staff may add additional conditions of approval deemed necessary to protect the health, safety and public welfare.

(a)

Accessory dwelling units (ADUS) are allowed in certain residential zoning districts, subject to the following:

(1)

Permitted use. The following ADUS are considered a permitted use, subject to building, fire and public health and safety codes and regulations, and with adequate public utility services:

(A)

No more than one attached ADU and one detached ADU on a single-family dwelling lot that is less than one acre;

(B)

No more than one attached ADU and one detached ADU on a single-family dwelling lot that is one acre or more; or

(C)

No more than one attached ADU and two detached ADUS on a single-family dwelling lot that is one acre or more, but only if at least one of the ADUS is a restricted-affordable dwelling unit, pursuant to section 28-33(A)(8).

(D)

An existing permitted guest house that commenced construction prior to November 18, 2024, shall be considered an ADU within the provisions of this section and shall count towards the allowable ADUS on a single-family lot or parcel. New guest houses are not a permitted use.

(2)

Accessory use.

(A)

No ADU shall be constructed prior to the construction of the single-family dwelling unit to which it is an accessory. The ADU shall be secondary in size and function to the primary dwelling unit.

(B)

An ADU shall not be sold or otherwise conveyed separately from the primary dwelling on the property.

(C)

Either the single-family dwelling or any ADU on the same lot or parcel may be separately leased as long-term rental housing.

(D)

Impact fees. An ADU is considered a separate or new dwelling unit for the purpose of providing service for water, sewer, or power, including the calculation of fees.

(3)

Development standards.

(A)

Size. An ADU shall only be constructed on a single-family lot or parcel and shall not exceed seventy-five (75) percent of the gross floor area of the existing single-family dwelling on the same lot or parcel or one thousand (1,000) square feet, whichever is less.

I.

For purposes of this section, the gross floor area shall constitute the interior habitable area of a single-family dwelling or the ADU.

(B)

Location. An ADU shall only be constructed where the zoning district allows for a single-family dwelling on the lot or parcel. An ADU is not permitted on the same lot or parcel as a duplex, townhome, or other multiple-family development.

(C)

Building frontage. An ADU is subject to the same building frontage requirements that apply to a single-family dwelling on the same lot or parcel.

(D)

Setbacks. An ADU is subject to the same setback requirements that apply to a single-family dwelling on the same lot or parcel except that:

I.

The minimum rear yard setback shall be five (5) feet from the property line.

II.

The minimum side yard setback shall be five (5) feet from the property line.

III.

The minimum front yard setback shall comply with the applicable zoning district under section 28-35 development standards.

(E)

Building coverage. An ADU is subject to the same building coverage regulations that apply to a single-family dwelling on the same lot or parcel.

(F)

Height. An ADU is subject to the same height restrictions that apply to a single-family dwelling on the same lot or parcel.

(G)

Number of bedrooms. An ADU shall have a maximum number of two (2) bedrooms.

(H)

Entrances and means of egress. The ADU shall be provided with a separate entrance from that serving the primary dwelling unit, either from the exterior of the building or from a common hallway located within the building. The path of egress travel from an ADU to a public way or to a yard that opens to a public way shall be independent of, and not pass through, the primary dwelling unit.

(I)

Addressing. An ADU shall have a separate house number from the primary dwelling unit and the ADU house number shall be visible from the public right-of-way.

(J)

Exterior design, roof pitch and finishing materials. The exterior design, roof pitch and finishing materials are not required to match the exterior design of the single-family dwelling on the same lot.

(K)

Improvements to public streets. No additional improvements to public streets are required as a condition of allowing an ADU, except as necessary to reconstruct or repair a public street that is disturbed as a result of the ADU construction.

(L)

Driveways. Each lot or parcel shall have one driveway for use by both the single-family dwelling and the ADU. If a driveway exists when the ADU is constructed, the ADU shall use the existing driveway.

(4)

A mobile home, recreational vehicle, or other movable habitable space shall not be used as an ADU.

(5)

Parking and access. No additional parking space or in lieu parking fee shall be required to accommodate a new ADU.

(6)

Utility service. An ADU shall be supplied with adequate provisions for electricity, water supply, and sewage disposal. The property owner shall be responsible for demonstrating adequate services and to upgrade services if determined inadequate. An ADU shall be connected to the same utilities as the primary single-family dwelling. An ADU shall not encroach upon an existing or planned public utility easement unless the property owner obtains written consent from each easement holder and each affected utility.

(7)

Occupancy; vacation rentals. An ADU that is issued a certificate of occupancy on or after September 14, 2024, shall not be used as a vacation rental or short-term rental unless the owner resides on the same property. The residency requirement does not apply to property owners who demonstrate they had a legal right to build an ADU on their lot or parcel on or before September 14, 2024, unless the three-year statute of limitations in A.R.S. § 12-1134(G) has expired.

(8)

Restricted-affordable. A restricted-affordable accessory dwelling unit shall be subject to the following:

(A)

The owner of a proposed restricted-affordable dwelling unit must execute and deliver an original recorded copy of a development agreement with the City of Avondale or a deed restriction on the City of Avondale's standard form prior to issuance of a building permit for the construction of the proposed restricted-affordable dwelling unit on the lot.

(B)

The deed restriction shall be recorded by the owner of the lot burdened thereby in the property records of Maricopa County Recorder's Office and remain a covenant and restriction running with the property for a minimum period of thirty (30) years.

(C)

The restricted-affordable dwelling unit shall be constructed in accordance with this section and the conditions and restrictions set forth in the deed restriction and any applicable development agreement between the developer/owner and the City of Avondale.

(D)

The rent of the restricted-affordable dwelling unit shall not exceed the maximum rents established based on household size and income, following the limits published by the Arizona Department of Housing. the restricted-affordable dwelling unit shall not be rented to any entity.

(E)

Occupancy requirement.

I.

When the restricted-affordable dwelling unit becomes vacant, the owner shall promptly make it available and actively market said unit for lease to another qualified occupant in accordance with the deed restriction or development agreement and any rental guidelines adopted by the city.

II.

In the event the income status of the occupant of the restricted-affordable dwelling unit is altered so as to no longer meet the qualifications of this section, said occupant shall be permitted to reside in the unit under the same terms and conditions of the unit lease, except that no extension of the lease term shall be granted.

III.

The restricted-affordable dwelling unit shall only be leased and occupied by residents who will utilize the unit as their principal place of residence. For the purpose of this section, the principal place of residence shall mean the dwelling in which one's habitation is fixed for six (6) or more months of the calendar year.

(F)

Reporting requirement. The owner of a restricted-affordable dwelling unit shall provide an annual report and proof to the City of Avondale to demonstrate compliance with the rental requirements set forth in this section. The annual report shall be submitted to the director of neighborhood and family services between January 15 and January 30 of each year and shall cover the entire twelve (12) month period of the preceding calendar year. Said report shall contain, at a minimum:

I.

The period(s) the restricted-affordable dwelling unit was rented and the status by which its occupant(s) qualified under the deed restriction;

II.

The monthly rental price; and

III.

The taxes, special assessments, and homeowners' association and management fees, and any other fees or charges, including common utilities, assessed to each unit.

(9)

Other requirements. All other zoning ordinance requirements shall be complied with unless otherwise approved by conditional use permit or variance.

(10)

An ADU is subject to section 28-33(j) regarding home-based occupations.

(11)

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

(12)

Exceptions. This section does not apply to any lot or parcel within tribal land, on land in the territory in the vicinity of a military airport or ancillary military facility as defined in A.R.S. § 28-8461, on land in the territory in the vicinity of a federal aviation administration commercially licensed airport or a general aviation airport or on land in the territory in the vicinity of a public airport as defined in A.R.S. § 28-8486.

(b)

Adult day care in the home providing care for up to ten (10) adult individuals not related to the residents may be permitted as an accessory use in certain residential zoning districts provided that:

(1)

The residential character of the exterior of the structure shall be maintained.

(2)

Signs related to the adult day care shall not be allowed.

(3)

The minimum separation between day care uses on the same street shall be 300 feet, as measured from the closest property lines.

(4)

All required licenses, certifications and registrations shall be obtained from the appropriate state agency prior to issuance of a business license.

(5)

All requirements of the applicable state and/or City of Avondale Building Code, Fire Code and Zoning Ordinance as amended shall be complied with prior to issuance of a business license.

(6)

Vehicles belonging to employees and residents are required to park onsite, in the garage or on an approved driveway.

(7)

Existing garages, carports or driveways shall not be expanded, enclosed, or otherwise modified to accommodate this accessory use.

(8)

The day care use shall not generate vehicular or truck traffic in greater volume than that normally expected in the residential district in which the day care use is located.

(9)

All outdoor recreation areas shall be completely enclosed by a six (6) foot high masonry wall with self-closing and self-locking gates.

(10)

All swimming pools shall be secured by a barrier in conformance with the Arizona State Statutes and International Building Code (IBC), as amended.

(c)

Apiary is allowed in certain residential zoning districts provided that:

(1)

In the AG District, hives shall have a minimum separation of two hundred (200) feet from any adjacent residences.

(2)

In the RR-43 District, hives shall have a minimum separation of seventy-five (75) feet from any adjacent residence.

(d)

Child care in the home providing care for up to ten (10) children not related to the residents may be permitted as an accessory use in certain residential zoning districts provided that:

(1)

The residential character of the exterior of the structure shall be maintained.

(2)

Signs related to the child day care shall not be allowed.

(3)

The minimum separation between day care uses on the same street shall be three hundred (300) feet, as measured from the closest property lines.

(4)

All required licenses, certifications and registrations shall be obtained from the appropriate state agency prior to issuance of a business license.

(5)

All requirements of the applicable state and/or City of Avondale Building Code, Fire Code and Zoning Ordinance as amended shall be complied with prior to issuance of a business license.

(6)

Vehicles belonging to employees and residents are required to park onsite, in the garage or on an approved driveway.

(7)

Existing garages, carports or driveways shall not be expanded, enclosed, or otherwise modified to accommodate this accessory use.

(8)

The day care use shall not generate vehicular or truck traffic in greater volume than that normally expected in the residential district in which the day care use is located.

(9)

All outdoor recreation areas shall be completely enclosed by a six (6) foot high masonry wall with self-closing and self-locking gates.

(10)

All swimming pools shall be secured by a barrier in conformance with the Arizona State Statutes and International Building Code (IBC), as amended.

(e)

Community residential home providing care for up to six (6) unrelated individuals may be allowed in certain residential zoning districts provided that:

(1)

Prior to operation, a completed registration for a community residential home must be submitted to the development services department. The registration shall be deemed confidential and not subject to disclosure under the Arizona Records Law. A registration shall terminate when the use ceases.

(f)

Community residential setting providing care for up to ten (10) children may be allowed in certain residential zoning districts provided that:

(1)

Prior to operation, a completed registration for a community residential setting must be submitted, reviewed, and approved by the development services director or their designee. No registration shall be accepted for a community residential setting that does not comply with the requirements of the zoning ordinance. A registration shall terminate when the use ceases.

(2)

A minimum separation distance of six hundred (600) feet is required from another community residential setting, group home, group foster home, and sober living home.

(3)

The residential character of the exterior of the structure shall be maintained.

(4)

Signs related to the use shall not be allowed.

(5)

Vehicles belonging to employees and residents are required to park onsite, in the garage or on an approved driveway.

(6)

Deliveries or routine stops (exclusive of visitors) specific to a community residential setting shall be restricted to daylight hours only.

(7)

Exclusive use. All administrative activities including staffing, counseling and other visitations shall serve only the residents of the community residential setting.

(8)

The operation shall comply with applicable licensing requirements. If Arizona Law requires a state license, a copy of that license and all renewals thereto shall be provided to the city for record-keeping purposes within ten (10) days of receipt by the operator.

(9)

The development services director, or their designee, shall have the right to review, provide corrective action and if necessary, revoke any approval of a community residential setting if it is found to be endangering the public health, welfare, or safety of the surrounding community.

(10)

The community residential setting shall meet all requirements of the applicable State of Arizona or City of Avondale Building and Fire Codes to be determined by the chief building official and the fire chief, or their designees.

(g)

Dairy farm is allowed in certain residential zoning districts provided that the minimum site area is forty (40) acres.

(h)

Farm animals. Raising and keeping farm animals including backyard fowl is allowed in certain residential zoning districts, subject to the provisions of Avondale city code chapter 3 (animals and fowl), article II (livestock, fowl, etc.).

(i)

Feed lot for cattle is allowed in certain residential zoning districts provided that the minimum site is forty (40) acres.

(j)

Group homes providing care for up to ten (10) unrelated individuals may be allowed in certain residential zoning district provided that:

(1)

Prior to operation, a completed registration for a group home must be submitted to the development services department. The registration shall be deemed confidential and not subject to disclosure under the Arizona Records Law. A registration shall terminate when the use ceases.

(2)

A minimum separation distance of six hundred (600) feet is required from another group home, community residential setting, group foster home, and sober living home.

(3)

The residential character of the exterior of the structure shall be maintained.

(4)

Signs related to the use shall not be allowed.

(5)

Vehicles belonging to employees and residents are required to park onsite, in the garage or on an approved driveway.

(6)

Deliveries or routine stops (exclusive of visitors) specific to a group home shall be restricted to daylight hours only.

(7)

Exclusive use. All administrative activities including staffing, counseling and other visitations shall serve only the residents of the group home.

(8)

The operation shall comply with applicable licensing requirements. If Arizona Law requires a state license, a copy of that license and all renewals thereto shall be provided to the city for record-keeping purposes within ten (10) days of receipt by the operator.

(9)

No group home shall house any person whose tenancy would constitute a direct threat to the health or safety of other individuals or to substantial physical damage to the property of others.

(10)

The development services director, or their designee, shall have the right to review, provide corrective action and if necessary, revoke any approval of a group home if it is found to be endangering the public health, welfare, or safety of the surrounding community.

(11)

The group home shall meet all requirements of the applicable State of Arizona or City of Avondale Building and Fire Codes to be determined by the chief building official and the fire chief, or their designees.

(k)

Group foster homes for six (6) to ten (10) children may be allowed in certain residential zoning district provided that:

(1)

Prior to operation, a completed registration for a group foster home must be submitted to the development services department. The registration shall be deemed confidential and not subject to disclosure under the Arizona Records Law. A registration shall terminate when the use ceases.

(2)

A minimum separation distance of six hundred (600) feet is required from another group foster home, community residential setting, group home, and sober living home.

(3)

The residential character of the exterior of the structure shall be maintained.

(4)

Signs related to the use shall not be allowed.

(5)

Vehicles belonging to employees and residents are required to park onsite, in the garage or on an approved driveway.

(6)

Deliveries or routine stops (exclusive of visitors) specific to a group foster home shall be restricted to daylight hours only.

(7)

Exclusive use. All administrative activities including staffing, counseling and other visitations shall serve only the residents of the group foster home.

(8)

The operation shall comply with applicable licensing requirements. If Arizona Law requires a state license, a copy of that license and all renewals thereto shall be provided to the city for record-keeping purposes within ten (10) days of receipt by the operator.

(9)

The development services director, or their designee, shall have the right to review, provide corrective action and if necessary, revoke any approval of a group foster home if it is found to be endangering the public health, welfare, or safety of the surrounding community.

(10)

The group foster home shall meet all requirements of the applicable State of Arizona or City of Avondale Building and Fire Codes to be determined by the chief building official and the fire chief, or their designees.

(l)

Home occupations are allowed in certain residential zoning districts, provided that in addition to all of the use limitations applicable in the zoning district in which the home occupation is located, no home occupation shall be permitted unless it complies with the following restrictions:

(1)

The home occupation shall be conducted entirely within the principal dwelling unit or in a permitted accessory building thereto, and in no event shall such use be apparent from any public way. Use of required garages shall not occur.

(2)

There shall be no signs, no exterior display, no exterior storage of materials, and no exterior parking of vehicles containing signs larger than six (6) square feet, and no other indication of the home occupation or variation from the residential character of the principal building.

(3)

No mechanical, electrical or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.

(4)

No home occupation shall be permitted that is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.

(5)

Any need for parking generated by the home occupation shall be off-street. One (1) off-street parking space is permitted for the home occupation.

(6)

No pick-up or delivery by business-related vehicles which exceed twenty thousand (20,000) pounds gross vehicle (except USPS and standard UPS/FedEx sized delivery trucks) is permitted.

(7)

Only one business-related vehicle with a manufacturer's gross vehicle weight rating (GVWR) of not more than ten thousand (10,000) pounds used for the home occupation may be parked or stored at the property.

(8)

Customers shall not visit the home occupation to purchase goods or services, excluding barber shops/beauty salons. Barber shops/beauty salons shall not occupy more than two hundred (200) square feet of the floor area, a maximum of one (1) washing station, and a maximum of two (2) customers per day.

Prohibited services include massage parlors, restaurants, veterinary hospitals, veterinary offices, commercial kennels, dog grooming, vehicle services and like services.

(9)

Employees who do not reside in the home are prohibited.

(10)

Such occupation shall not require internal or external alterations or construction features or equipment or machinery not customary in residential areas.

(11)

The activity shall not generate vehicular or pedestrian traffic beyond that which is normal in its district.

(m)

Places of worship shall be located on an arterial street or at the intersection of two (2) collector streets.

(n)

Public utility facility required for local service is allowed in certain residential zoning districts provided that:

(1)

It is required for local service.

(2)

There are no offices, maintenance facilities, outdoor storage or part-time employees related to the site.

(o)

Single-family detached or attached dwellings are allowed in the Manufactured Home (MH) District subject to the development standards outlined in section 28-37(c).

(p)

Sober living home providing care to up to ten (10) unrelated individuals may be allowed in certain residential zoning districts provided that:

(1)

Prior to operation, a completed registration for a sober living home must be submitted, reviewed, and approved by the development services director or their designee and the operator must obtain a valid Avondale business license. No registration shall be accepted for a sober living home that does not comply with the requirements of the zoning ordinance. A registration shall terminate when the use ceases.

(2)

A minimum separation distance of six hundred (600) feet is required from another sober living home, community residential setting, group home, and group foster home.

(3)

The residential character of the exterior of the structure shall be maintained.

(4)

Signs related to the use shall not be allowed.

(5)

Vehicles belonging to employees and residents are required to park onsite, in the garage or on an approved driveway.

(6)

Deliveries or routine stops (exclusive of visitors) specific to a sober living home shall be restricted to daylight hours only.

(7)

Exclusive use. All administrative activities including staffing, counseling and other visitations shall serve only the residents of the sober living home.

(8)

The operation shall comply with applicable licensing requirements. If Arizona Law requires a state license, a copy of that license and all renewals thereto shall be provided to the city for record-keeping purposes within ten (10) days of receipt by the operator.

(9)

No sober living home shall house any person whose tenancy would constitute a direct threat to the health or safety of other individuals or to substantial physical damage to the property of others.

(10)

The development services director, or their designee, shall have the right to review, provide corrective action and if necessary, revoke the approval of a sober living home if it is found to be endangering the public health, welfare, or safety of the surrounding community.

(11)

The sober living home shall meet all requirements of the applicable State of Arizona or City of Avondale Building and Fire Codes to be determined by the chief building official and the fire chief, or their designees.

(Ord. No. 2045-1220, § 7, 12-7-20; Ord. No. 2055-0823, § 9, 8-21-23; Ord. No. 2027-0924, § 3, 9-9-24; Ord. No. 2032-1124, § 3, 11-18-24)

The land uses listed in the land use matrix as being permitted subject to a conditional use permit shall, in addition to the process set for in section 28-9 of this zoning ordinance, comply with the conditions listed below, if any, for the individual use. Based on review of the conditional use permit application, the city council may add additional conditions of approval deemed necessary to protect the health, safety and public welfare.

(a)

Adult day care center in conjunction with a place of worship providing care for eleven (11) or more adult individuals may be permitted as a conditional use in certain residential zoning districts provided that such activities are on the same lot and share joint use of worship facilities. Independent free-standing signs and wall identification signs for the adult day care center are not allowed.

(b)

Assisted living facility may be permitted in certain residential zoning districts as a conditional use.

(c)

Bed and breakfast inn may be permitted as a conditional use in certain residential zoning districts provided that:

(1)

The bed and breakfast inn shall be owner-occupied. The guest rooms shall be part of the primary residence.

(2)

No more than four (4) rooms with a maximum of three (3) guests per room shall be allowed for the bed and breakfast inn.

(3)

The conditional use permit is non-transferable and shall be subject to review and may be revoked if the use authorized therein has been exercised in violation of this section or the approval conditions.

(4)

Meals shall be served only to overnight guests and residents.

(5)

No alteration to the exterior or interior of the residential dwelling, accessory building or yard that alters the residential character of the premises shall be permissible.

(6)

Off-street parking shall be at a rate of one (1) space per room.

(7)

Except as provided by city code and/or other regulations, no storage of commercial vehicles shall be allowed.

(8)

The bed and breakfast inn shall not be used for the hosting of receptions, private parties, or similar events.

(9)

A fire escape plan shall be developed and graphically displayed in each guest room. Such plan shall be filed with and approved by the City of Avondale Fire Department.

(10)

The bed and breakfast inn shall comply with all other provisions of the zone in which it is located and with all other applicable ordinances, codes or regulations.

(d)

Boarding house may be permitted in certain residential zoning districts as a conditional use.

(e)

Child care center in conjunction with a place of worship providing care for eleven (11) or more children may be permitted as a conditional use in certain residential zoning districts provided that such activities are on the same lot and share joint use of worship facilities. Independent free-standing signs and wall identification signs for the child care center are not allowed.

(f)

Convalescent home may be permitted in certain residential zoning districts as a conditional use.

(g)

Guest house may be permitted as a conditional use in certain residential zoning districts provided that:

(1)

A guest house shall not be rented, leased or sold separately from the principal residence or otherwise used for compensation.

(2)

A separate address, water meter, utility meter, driveway or parking area shall not be provided for the guest house.

(3)

The materials, colors and architectural style of the guest house shall be similar to the principal residence.

(4)

The livable floor area of the guest house shall not exceed fifty (50) percent of the livable floor area of the principal residence.

(5)

A detached guest house shall meet the location, height and setback requirements in article 7 of the zoning ordinance.

(6)

Prior to issuance of a building permit for the guest house, a plot plan illustrating conformance with these requirements shall be submitted and approved.

(h)

Kennel for boarding and breeding dogs and cats with dog runs may be permitted as a conditional use in certain residential zoning districts provided that such structures are not closer than seventy-five (75) feet to any neighboring residence.

(i)

Public utility facility, with the exception of those allowed as a use permitted with conditions above, may be permitted in certain residential zoning districts as a conditional use.

(j)

Ranch for horses, commercial and guest, may be permitted in certain residential zoning districts as a conditional use.

(k)

School, private, may be permitted as a conditional use in certain residential zoning districts provided that it is located on an arterial street or at the intersection of two (2) collector streets.

(l)

Stable for horses, commercial, may be permitted in certain residential zoning districts as a conditional use.

(Ord. No. 2055-0823, § 10, 8-21-23)

A.

Single-family districts. The following table provides the minimum development standards within the specified zoning district:

¹ Minimum front yard setbacks may be reduced by five (5) feet when providing a side-entry garage.

² Minimum ten (10) feet separation between buildings on adjacent lots.

B.

Multi-family districts. The following table provides the minimum development standards within the specified zoning district:

¹  Zero (0) feet for lots with common walls; fifteen (15) feet for lots with no common walls.

²  May be reduced to ten (10) feet in the case of single-family attached or detached units.

³  The maximum height of buildings in the R-4 Zoning District shall be allowed to exceed forty-five (45) feet in height if located on land identified by any of Avondale's specific area plans (e.g. Freeway Corridor Specific Plan, North Avondale Specific Plan) as appropriate for additional height. In those instances, the maximum building height shall not exceed the height specified by the particular specific area plan.

⁴  May be reduced to eight (8) feet for buildings with individual dwelling units that front onto a residential street and that provide direct access from residential units to the public sidewalk (e.g. townhomes or walk-up apartments). As it relates to this provision, direct access shall be defined as the shortest feasible paved connection to the public sidewalk from the entrance of a residential unit(s). Direct access shall not require pedestrians to navigate through internal sidewalks and exit through a centralized location in order to access the public right-of-way.

Single-family detached residential homes constructed within the multi-family districts shall comply with the R1-6 development standards of the zoning ordinance.

(a)

Single-family—New residential subdivision developments. The intent of these standards is to establish a level of environmental quality within Avondale as well as a consistent method of evaluating new projects. In the event of conflict between the provisions of this section and section 28-35, development standards, the provisions of this section shall control.

(1)

The design manuals adopted by city council and maintained by the zoning administrator or designee shall serve as guidelines for site and architectural design in all districts.

(2)

A variety of lot sizes is encouraged to be provided in developments of more than eighty (80) lots. In subdivision of more than eighty (80) lots, a minimum of twenty-five (25) percent of the lots shall be a different size.

(3)

Creation of neighborhoods by lot layout, shared development standards, shared architectural themes, open space, walls and landscaping is required.

(4)

No adjacent home or home directly across the street shall have the same elevation or roofline. The roofline may be changed by the following options:

(A)

Alternating the ridgeline from parallel to perpendicular, or vice versa, to the street.

(B)

Alternating the roof type between gable and hip.

(C)

Alternating the roofline pitch by a minimum of three (3) units vertical (i.e. 3:12 to 6:12).

(D)

Alternating between one- and two-story homes.

(5)

The percentage of net area that shall be devoted to open space and amenities is:

(A)

A minimum of fifteen (15) percent for subdivisions with an average lot size up to fifteen thousand (15,000) square feet.

(B)

Ten (10) percent for subdivisions with an average lot size of over fifteen thousand (15,000) to thirty-five thousand (35,000) square feet.

(C)

For lot sizes over thirty-five thousand (35,000) square feet, no minimum percentage shall apply, but multi-use trails are required that meet minimum standards established by the American Association of State Highway and Transportation Officials (ASSHTO) Guidelines.

(b)

Multi-family districts.

(1)

Design manuals. The design manuals adopted by city council and maintained by the zoning administrator or designee shall serve as guidelines for site and architectural design in all districts.

(2)

Open space. Open space that is attractive shall be an integral part of a multiple family development. Open space shall be provided in an amount comparable to the size of the development, subject to the applicable design manual.

(A)

Open Space areas shall be the central focus of the development. Open space should link recreation facilities with the dwellings and be uninterrupted by vehicular circulation or parking areas.

(B)

Regulations for provision of Open Space shall be provided by article 6 of this zoning ordinance.

(C)

Stormwater detention basins shall not occupy more than fifty (50) percent of any landscaped area front on a public street if maximum basin depth exceeds three (3) feet below grade. Where maximum basin depth is less than or equal to three (3) feet and exceptional design is exhibited through contouring and landscaping, as determined by the zoning administrator or designee, a greater use of the frontage landscaped area may be allowed.

(D)

Required yards and landscaped setback areas fronting on a public street shall be entirely landscaped except for necessary driveways and walkways. Parking is not permitted within the required setback area.

(E)

Private outdoor space shall be provided in the form of patios or balconies with a minimum size of eighty (80) square feet per unit.

(3)

Building separation.

(A)

The minimum separation between the principal entrance or exit of a multi-family building and any other building shall be as follows:

(B)

The minimum separation between buildings on a multi-family site shall be fifteen (15) feet.

(4)

Relationship of project to surrounding uses. Particular sensitivity shall be displayed to the relationship between a multi-family project and adjacent residential uses of lesser density to minimize the impact on those less-dense areas.

(A)

Multi-Family buildings two (2) stories or greater in height shall not be placed within seventy-five (75) feet of a single-family residential area or zoning district.

(B)

Single-story detached garages shall not be placed closer than fifteen (15) feet from a single-family residential area or zoning district.

(C)

Individual design situations may dictate additional conditions or considerations to minimize the impact of a multi-family development on adjacent residential uses through the imposition of one (1) or more of the following design considerations:

i.

Use of one-story buildings;

ii.

Additional landscaping to serve as buffer area;

iii.

Wider setbacks from property line;

iv.

Modifying the orientation of buildings;

v.

Modifying the orientation of windows and balconies;

vi.

Providing screen walls.

(D)

Common recreation facilities in a project shall be located to minimize the intrusion of noise into adjacent residential area.

(E)

Pedestrian and visual linkages shall be made between a project and off-site amenities.

(F)

The project shall be designed to minimize negative traffic impacts on the surrounding uses.

(5)

Parking.

(A)

All parking lots shall be screened from public streets by masonry walls or earth berms or combination thereof to a height of at least three (3) feet above the grade of the parking lot or adjacent street, whichever is higher in elevation. Such walls shall be designed and colored to complement the main buildings on and provided architectural features throughout the site.

(B)

A minimum of one (1) covered parking space per unit shall be provided.

(C)

Garage parking shall be provided for a minimum of twenty-five (25) percent of parking, excluding visitor parking, in apartment developments with one hundred (100) or more dwelling units. Single-family attached, townhomes and condominiums shall provide a garage at a ratio of one (1) per dwelling unit, the same as a single-family detached dwelling unit.

(Ord. No. 2055-0823, § 11, 8-21-23)

(a)

Permitted uses. See section 28-33, land use matrix for permitted uses and permitted uses with conditions in the MH Zoning District.

(b)

Conditional uses. See section 28-34, land use matrix for uses permitted with a conditional use permit.

(c)

Development standards. The following are minimum development standards within the MH Zoning District:

(1)

The minimum size of a manufactured home park or a single-family subdivision within a MH Zoning District shall be ten (10) acres.

(2)

Site-built, single-family dwelling units shall not be allowed within a manufactured home park.

(3)

The maximum number of manufactured home spaces or units or dwelling units per acre shall be seven (7).

(4)

The minimum width of manufactured home rental spaces shall be fifty (50) feet with a minimum length of seventy (70) feet. The minimum width of single-family dwelling unit lots shall be forty (40) feet with a minimum length of seventy (70) feet.

(5)

The minimum width of private driveways or access ways within the park or subdivision shall be twenty-six (26) feet. Each unit or lot shall have access to a private driveway or access way connected to a public street.

(6)

The minimum space between manufactured homes shall be twenty (20) feet. This dimension may be reduced to ten (10) feet between awnings or canopies.

(7)

The minimum distance between single-family attached and detached units shall be ten (10) feet. Minimum side setbacks shall be five (5) feet.

(8)

No manufactured home or single-family dwelling unit shall be closer than eight (8) feet to a private drive aisle. Garages for single-family dwelling units must be setback eighteen (18) feet from a residential street or private drive aisle.

(9)

A minimum of fifteen (15) percent of the site shall be devoted to open space for all residents, exclusive of streets and private driveways, parking and storage areas or required setbacks at the exterior boundaries of the site.

(10)

The maximum building coverage for single-family attached and detached units shall be sixty (60) percent.

(11)

The maximum height of any building, manufactured home, or single-family unit shall be thirty (30) feet.

(12)

All electric power lines, telephone lines, cable TV lines and similar utilities shall be placed underground.

(13)

No manufactured home or single-family unit shall be located closer than fifteen (15) feet to the perimeter of the park or subdivision. Where the perimeter of the park adjoins a public street, the setback shall be twenty-five (25) feet. Within this setback area, trees with a minimum height of eight (8) feet and a minimum box size of twenty-four (24) inches shall be planted every twenty (20) feet on center.

(14)

A minimum six-foot and maximum eight-foot decorative wall shall be constructed around the perimeter of the park or subdivision in accordance with the section 28-297, walls and fences below.

(15)

Any part of the manufactured home park or subdivision fronting on a public street shall meet the screening and landscaping requirements for single-family residential subdivisions.

(16)

All new manufactured home parks or expansions of existing manufactured home parks shall be subject to site plan review in accordance with article 1 of the Zoning Ordinance.

(17)

All new single-family subdivisions in an MH District shall be subject to the preliminary/final plat process in accordance with the City of Avondale Subdivision Regulations.

(d)

Design standards.

(1)

All areas not covered by structures or paving shall be landscaped.

(2)

Each manufactured home shall be skirted to screen wheels and undercarriage.

(3)

Single-family home requirements. A manufactured home shall be considered a single-family residence if it meets the following conditions:

(4)

The manufactured home to be installed shall be manufactured or constructed to meet Federal Manufactured Home Construction and Safety Standards (42 U.S.C. Sec. 5403).

(5)

Must conform to the U.S. Housing and Urban Development Manufactured Home Construction and Safety Standards.

(6)

The exterior shall have wood siding or stucco finish.

(7)

The roof shall be shingle or tile with an overhang of at least six (6) inches.

(8)

Shall be installed on a permanent block foundation or utilizing stabilizing devices, defined as any part of the anchoring or support system, such as piers, footings, ties, anchoring equipment, anchoring assemblies, or any other equipment materials, and methods of construction that support and secure the manufactured home to the ground. The mounting system must be concealed such that the home's appearance most closely resembles a site-built home.

(9)

The driveway shall be paved or surfaced with permeable paving materials.

(10)

Site layout shall meet the setback requirements of the zoning district.

(11)

The parking requirements applicable to single-family homes contained in zoning ordinance article 8 have been met.