Goodyear City Zoning Code

ARTICLE 5

Property Improvement Standards

Considerations of community appearance, security, enjoyment of privacy and amenities require consistent standards for property improvement installation and maintenance which may occur in various zoning district. These criteria include the following articles.

5-2 Walls, Fences

Walls or fences include any structure intended for confinement, prevention of intrusion, boundary identification, or screening of activity. Screening devices are any structure installed to conceal refuse, mechanical equipment, parking (service and loading bays or lanes), multi family habitation and commercial or industrial activities from adjacent residential districts and from street view.

5-3 Pools and Spas

Outdoor swimming pool, in ground or above ground, wading pools, hot tubs, spas or other similar pools used or designated to be used for swimming, wading or bathing purposes are subject to these regulations. Wading pools, fish ponds, or shallow decorative pools less than eighteen (18) inches deep may be exempt, except where the Chief Building Official, or his designee, in individual cases deems it a public nuisance and/or dangerous to the public health, safety, and welfare.

§ 5-1-1 Purpose.

As set forth herein, these standards and requirements are provided for the installation of landscaping for all new and expanded development within the City in order to promote the general welfare of the community; to effectuate attractive development; to aid in the enhancement of property values; to create an attractive appearance along City streets; to complement the visual effect of buildings; to provide appropriate buffers between incompatible land uses and protection from intense activities; and to aid in conserving water by encouraging the use of varieties of plants, trees and shrubs indigenous to arid regions, which are characterized by low water consumption. The standards and regulations of this Article shall be held to be the minimum requirements necessary for the promotion of the foregoing objectives of this Article. In those instances where the minimum standards and requirements are not sufficient to achieve the purpose and objectives of this Article, the Zoning Administrator, or his/her designee, may impose such other reasonable requirements as may be deemed appropriate. (Ord. 22-1565, passed 12-12-22)

§ 5-1-2 General Applicability.

The installation and maintenance of landscaping, in accordance with the design standards and requirements of this Article, applies to all properties within the City. As used herein, standards and provisions containing the term “shall” are mandatory while those containing the terms “should” or “may” are permissive.

A. BUILDING AND CONSTRUCTION PERMITS. No building or construction permit shall be issued until a landscape plan has been approved for the site by the Zoning Administrator, or his/her designee, for the property that complies with the requirements of the Goodyear Engineering Design Standards and Policies Manual, as amended, and this Article.

B. LANDSCAPE AREAS. All areas within a property that will not be improved with building, driveways, parking, or other structures shall be fully landscaped at the time the property is developed. All undeveloped property shall be treated for dust control in accordance with the Goodyear Engineering Design Standards and Policies Manual, as amended.

1. Only plant material included in the City of Goodyear Approved Plant Matrix shall be installed.

2. Any landscape areas in the public right-of-way shall comply with the requirements of the Goodyear City Code of Ordinances and with the criteria of the Arizona Department of Water Resources (ADWR). These criteria specify plant material that have low water needs and encourage the efficient use of the City’s water resources. Refer to the City of Goodyear Approved Plant Matrix and to Chapter 27, Article 27-1, Tree Care and Management, of the City of Goodyear Code of Ordinances.

3. Landscaped areas shall not be used for parking of vehicles, display of merchandise or other uses detrimental to the landscaping. (Ord. 22-1565, passed 12-12-22)

§ 5-1-3 General Provisions.

A. LANDSCAPING COMPONENTS. Landscaping may include trees, shrubs, groundcover, vines, and other plant material along with hardscape elements such walkways, benches, sculpture, shade structures, and other similar materials used to enhance the exterior appearance of a property.

1. All required landscaping shall be installed in accordance with an approved landscape plan prior to issuance of a final Certificate of Occupancy. Plant materials shall be of the type and size specified on the approved landscape plan. Modifications to approved landscaping shall require prior approval as determined by the Zoning Administrator or his/her designee.

2. In lieu of the installation of the required landscaping prior to the issuance of a final Certificate of Occupancy, a cash deposit or an irrevocable letter of credit, in an amount guaranteeing the complete one hundred (100) percent installation of the required landscaping within six (6) months of the issuance of the final Certificate of Occupancy, may be accepted by the Zoning Administrator, or his/her designee. Failure to install the required landscaping in the six (6) month time period shall be deemed a violation of this Article, and the City may use the cash deposit or funds set aside by such letter of credit to complete the landscape improvements required.

C. MINIMUM AREA REQUIREMENTS. Minimum area requirements for landscaping shall be determined by the property’s zoning district as set forth in this Article. (Ord. 22-1565, passed 12-12-22)

§ 5-1-4 Landscape Design Objectives and Standards.

1. Landscape designs that utilize a natural desert theme with appropriate native vegetation and inorganic groundcover (rock, boulders, etc.) are highly encouraged.

2. Landscape designs, including hardscape elements such as walls and fences, shall be complementary and compatible with adjacent properties.

3. Multi-phase developments within nonresidential zoning districts shall have all primary entries landscaped with the first phase of development.

4. Landscape plans shall incorporate a water efficient design that encourages the formation of deep root systems, includes groundcovers to retain soil moisture, and groups trees and plants with similar water requirements on their own dedicated irrigation line.

5. Landscape plans shall address all applicable sight visibility concerns, including the location of traffic control signs and devices, private signage, sight visibility zones, and adequate spatial considerations for the (future) size and spread of plant materials at maturity in conformance with the City of Goodyear Engineering Design Standards and Policies Manual, as amended.

6. The selection and orientation of appropriate plant material on the south and west sides of buildings are encouraged to promote energy conservation and solar gains.

7. Where possible, required trees should be planted in locations such that at maturity, these trees will provide shade coverage for public sidewalks, on-site pedestrian ways and gathering areas.

8. All developments should include landscaped areas planted with pollinator and other insect friendly vegetation, such as Desert Milkweed or as designated on the City of Goodyear Approved Plant Matrix. Such vegetation should be planted in groups within retention areas, common areas or other open space areas suitable to the selected plant material.

1. Landscaping shall be provided in accordance with the following standards:

a. Development within single family zoning districts shall provide open space as designated in Table 3-2-3-A of Article 3-2 (Residential Districts) of the City of Goodyear Zoning Ordinance.

b. Development within multi-family zoning districts and nonresidential development in residential zoning districts shall have a minimum of twenty (20) percent of the net site/lot area in landscaping.

c. Development within commercial zoning districts shall have a minimum of fifteen (15) percent of the net site/lot area in landscaping.

d. Development within industrial zoning districts shall have a minimum of ten (10) percent of the net site area in landscaping.

e. Development within mixed-use planned area development zoning districts shall provide landscaping in accordance with the underlying land use of the property under development.

f. In addition to the minimum on-site landscaping, there shall be landscaping provided in all adjacent rights-of-way, between property line and back of street curb except for approved driveways, walkways, and bike paths. Such landscape improvements shall include trees, shrubs, and groundcover in accordance with the Goodyear City Code.

2. A minimum of fifty (50) percent of the required landscape area of a site shall be covered with live vegetation.

3. For properties within commercial, industrial, and multi-family zoning districts and for nonresidential developments within residential zoning districts, the following provisions shall be applicable:

a. Any required setback area adjacent to a street shall be entirely landscaped with the exception of necessary driveways or walkways accessing said street. Unless more strictly required elsewhere, landscaping shall include at least one tree for every thirty (30) feet of street frontage along with an appropriate number of shrubs, groundcover and other plant material to achieve fifty (50) percent live coverage. Solid walls higher than three (3) feet, parking areas and drive aisles are prohibited from locating within the required setback area.

b. When adjacent or separated by an alley, canal, easement or similar feature, from a single family residential zoning district, a landscape buffer shall be provided along the full length of the adjacent boundary. A minimum buffer width of ten (10) feet shall be provided in multi-family zoning districts and for non-residential development; fifteen (15) feet shall be provided in commercial zoning districts; and twenty-five (25) feet in industrial zoning districts. The buffer shall be planted with one (1) non-deciduous tree per thirty (30) feet of buffer length. Required trees shall be planted at grade and not within depressed areas (i.e., retention basins).

c. Buffer widths, as noted in Section 5-1-4-B-3-b, are minimums. Increased widths may be required by the Zoning Administrator, or his/her designee, at time of rezoning or subdivision platting to ensure consistency with the City of Goodyear General Plan and compatibility with the surrounding area.

4. Within all single family residential subdivisions and developments, landscape tracts shall be provided along arterial streets. Such tracts shall have a minimum width of ten (10) feet. Tracts shall be planted with at least one (1) tree for every thirty (30) feet of tract length along with an appropriate number of shrubs, groundcover and other plant material to achieve fifty (50) percent live coverage. Walls and fences may not be located within these landscape tracts.

5. For all new single-family residential developments, the homebuilder/developer shall provide a front yard landscape package that includes at least one (1) tree, shrubs and groundcover along with an automatic, underground irrigation system for each lot or provide a landscape stipend to each prospective homeowner in an amount capable of providing the improvements as previously noted herein. Residential lots seventy (70) feet or greater in width shall be planted with at least two (2) trees.

6. For development within nonresidential zoning districts, a minimum thirty (30) foot wide landscape buffer shall be provided adjacent to all existing or future freeways. All buffers shall include earthen berms with a maximum height of six (6) feet and maximum slope of 3:1 and shall be planted with one (1) non-deciduous tree per thirty (30) feet of buffer length.

7. Landscape plans shall take into account the location and viewshed of on site signage. The view of such signage should not be totally obstructed by mature landscaping. The Zoning Administrator, or his/her designee, may authorize the relocation or substitution of required plant material if such efforts are needed to promote sign visibility.

8. Cacti and other thorny vegetation shall be planted at least six (6) feet from any sidewalk within or adjacent to any arterial or collector road rights-of-way.

9. Unless specified elsewhere, half of all required trees shall be at least fifteen (15) gallons in size and the other half at least twenty-four (24) inch box in size.

10. Shrubs shall be a minimum of five (5) gallons in size.

C. TURF. Turf areas, with the exception of those located on single family residential lots, shall be developed in accordance with the following standards:

1. Turf areas shall be separated from other landscape areas by a six (6) inch wide concrete curb, concrete header, or other approved material acceptable to the Zoning Administrator or his/her designee. Curbing manufactured from plastic, metal or similar materials is discouraged.

2. The maximum slope of a turf area shall not exceed ten (10) percent.

3. Turf areas shall not be located in any rights-of-way. This provision does not preclude the use of artificial turf within rights-of-way or on other public properties as deemed acceptable to the Zoning Administrator or his/her designee.

4. Turf shall be limited to those areas intended for active recreation. For the purposes of this Article, active recreation areas are defined as specialized areas set aside for recreational activities and that are typically improved to include some form of equipment, sports courts or fields, buildings or other structures and that are appropriately sized to accommodate the intended activity. Turf intended solely for decorative purposes is prohibited.

5. Turf areas shall be accessible by at least one (1) hard-surface pathway to promote accessibility and use.

D. TREES. Trees shall be planted as required within this Article and in accordance with the following standards:

1. Trees shall be planted in locations appropriate to the long-term health and growth of the tree.

2. As required within this Article, trees planted within landscape setbacks, tracts and/or buffers do not have to planted in a single linear row, on-center. Rather, trees should be planted to ensure canopies do not overlap, shade is provided where beneficial, and where tree health and growth are best addressed.

3. Trees planted on commercial, industrial, or multi-family properties or on properties developed with non-residential uses in residential districts shall not have mature canopies that grow over adjacent single-family residential lots.

4. Trees with canopies growing over public rights-of-way, sidewalks, bikeways and all trees within parking lots shall be single trunk.

5. In accordance with the Engineering Design Standards and Policies Manual, as amended, trees planted within five (5) feet of a public street, sidewalk, or other paved or constructed surface shall have root barriers installed to protect the street, sidewalk and other surfaces from uplifting and other root damage.

6. If a required tree cannot be planted in its intended location, such as within an easement or sign visibility zone, then such tree shall be moved to another on-site location acceptable to the Zoning Administrator or his/her designee.

7. To help prevent a fire hazard, palm trees located within any zoning district shall be regularly pruned to remove dried fronds.

8. All trees shall be planted and staked in accordance with the City of Goodyear Standard Landscape Details as established in the Engineering Design Standards and Policies Manual, as amended.

E. INORGANIC GROUND COVER. All landscape areas not covered by turf, sidewalks, play surfacing, or hardscape features, such as a ramada, shall be covered by an approved inorganic ground cover such as decomposed granite, crushed rock, river rock, artificial turf, and/or boulders. The material, color, size, and depth of coverage shall be specified on the approved final landscape plan. Inorganic ground cover or applied dust control products are to be installed at a minimum depth of two (2) inches in all landscape areas.

1. The design of parking areas shall be in conformance with the standards as established herein and the City of Goodyear Design Guidelines Manual, as amended. This shall specifically include the requirement for planting strips and islands containing trees, shrubs and groundcover.

2. Landscape islands shall be provided at the end of each parking row (terminal islands).

3. Landscape islands shall be provided within rows of parking to break up long rows. No more than twelve (12) parking spaces may be placed in a row without installation of an island.

4. Landscape islands shall have a minimum width of eight (8) feet as measured from inside of curb and a minimum length equal to the length of the adjacent parking space.

5. Planting strips shall have a minimum width of six (6) feet as measured from inside of curb.

6. In accordance with Figure 1, trees in planting strips shall be installed in-line with the parking lane stripes to prevent damage from parking vehicles.

7. Each landscape island shall require planting with at least one (1) tree and three (3) shrubs or groundcover per parking stall length. Species selection shall be per the City of Goodyear Approved Plant Matrix.

8. Landscape islands and planting strips shall include a minimum two (2) inch layer of inorganic groundcover.

9. Palm trees are not permitted within parking areas unless intended to accentuate a focal point or entry lane.

10. Parking areas within industrial zoned properties, fully enclosed behind at least an eight (8) foot wall and intended for the parking of trucks and trailers, are not required to have landscape islands.

1. Retention basins shall be completely landscaped in accordance with the following standards:

a. Retention basins located within any front or street side setback areas shall be designed as an integral part of any frontage landscape area and shall not occupy more than fifty (50) percent of the linear frontage of the landscape area.

b. Retention basins within public view shall be contoured to create a natural appearance rather than plain, unnatural appearing depressions. Slopes shall be in accordance with the City of Goodyear Engineering Design Standards and Policies Manual, as amended.

c. Retaining walls shall not be located within required street frontage landscape areas.

d. Screen walls shall not be located atop retaining walls when such walls are within public view. A minimum six (6) foot wide landscape area shall be provided between any screen wall and retaining wall.

e. Retention basins shall be planted to achieve at least fifty (50) percent vegetative cover. All other areas not covered by landscaping, hardscape or other structures shall be covered with an approved inorganic ground cover.

2. Drainage ways shall be landscaped to achieve at least fifty (50) percent vegetative cover. All other areas shall be covered with an approved inorganic groundcover. The Zoning Administrator, or his/her designee, may modify these coverage requirements if such landscaping and/or groundcover are determined to be detrimental to the function of the drainage way.

1. Industrial Zoned Properties and Planned Area Developments. High water use plant materials or features shall not be used on industrial zoned properties. Such items include turf, water features, and shrubs, trees, groundcovers or annuals not listed on the ADWR Plant List or Goodyear Approved Plant Matrix.

Exceptions include turf intended for active recreation areas and the use of high water use plant material to adorn entryways or other focal points. If used, such areas shall be limited to a maximum of one (1) percent of the total landscaped site area.

2. Commercial Zoned Properties and Planned Area Developments. High water use plant materials or features shall not be used on commercial zoned properties. Such items include turf, water feature, and shrubs, trees, groundcovers or annuals not listed on the ADWR Plant List or Goodyear Approved Plant Matrix.

Exceptions include water features, turf intended for active recreation areas, potted plants or seasonal planting beds, and use of high water use plant material intended to adorn entryways or other focal points. If used, such areas shall be limited to a maximum of five (5) percent of the total landscaped site area.

i. High water use plant material shall be reserved for active recreation areas and focal points, such as project entries or community gathering areas, such as clubhouses and pool facilities.

ii. Turf shall only be permitted in areas intended for active recreation. If used, such areas shall be limited to a maximum of ten (10) percent of the total landscaped site area.

i. No high water use plants or turf shall be offered in front yard landscape packages provided by developers and/or homebuilders for new single family residential dwellings.

ii. For model homes constructed by homebuilders, the area used for high water use plants and turf shall be limited to twenty (20) percent of the total lot area. These materials are prohibited in the front yards of model homes.

iii. For all new developments, a property owners’ association or homeowners’ association shall not require the use of high water plants or turf nor restrict the use of artificial turf.

iv. Turf shall only be permitted in areas intended for active recreation. As previously defined herein, active recreation areas are areas set aside for recreational activities that are typically improved with some form of equipment, sports courts or fields, buildings or other structures, which are appropriately sized to accommodate the intended activity. If used, such turfed areas shall be limited to a maximum of fifteen (15) percent of the total landscaped site area.

v. The conversion of existing, decorative turf areas, not required for active recreation, to artificial turf or another inorganic groundcover may proceed without formal submittal of landscape plans to the City, as determined by the Zoning Administrator or his/her designee.

vi. These regulations, as contained within this Section 5-1-4-H-3-b, do not apply to individual owners of dwellings on single family residential lots. Such owners may plant high water use plant material and turf on their lots.

1. A programmable, automatic, and underground irrigation system shall be provided to all required landscape areas.

a. Trees and shrubs shall be irrigated on separate zones.

b. Sprinkler heads, including rotors, rotating and fixed spray heads, shall be pressure regulating bodies.

c. Drip irrigation emitters shall be pressure compensating.

d. Emission devices for trees shall be designed to encourage deep root watering.

e. Irrigation water shall be targeted to the intended vegetation. Overspray or seepage onto sidewalks, streets and parking areas shall be avoided.

J. PAVEMENT EDGE AND LANDSCAPE PROTECTION. All permanent uses, other than individual single family residential lots, shall provide a six (6) inch high, poured-in-place concrete curb, or other approved material acceptable to the Zoning Administrator or his/her designee, for all landscaped areas adjacent to parking areas, vehicular driveways, loading areas and other similar facilities. The curbing design shall meet the minimum requirements set forth in Maricopa Association of Governments Standard Detail No. 222 for single curbs. (Ord. 22-1565, passed 12-12-22)

§ 5-1-5 Landscape Maintenance and Enforcement.

1. When new development or construction activity will modify existing landscaped areas, the landscape plans shall demonstrate that existing trees and landscaping are preserved in place or relocated on site. If a required tree cannot be preserved or relocated, then a new tree shall be planted in an appropriate area on site.

2. Existing plant material shall be fully protected during all construction activity. Existing plant material may only be relocated or permanently removed if identified on an approved final landscape plan. Any new, relocated, or existing plant material identified to remain, that does not survive, shall be replaced within thirty (30) days of notification by the city. Replacement plant material shall be with a comparable species and size.

1. Maintenance of landscaping in the right-of-way shall be the responsibility of the adjacent property owner, whether an individual, corporation, property owner’s association or homeowners’ association in accordance with the Goodyear City Code and as established herein.

2. Within single family residential subdivisions, if the local street section includes detached sidewalks, then the maintenance of the area between the street curb and edge of sidewalk shall be the responsibility of the applicable homeowners’ association (HOA) for that subdivision. HOA responsibility shall be established on the final plat for the subdivision and said responsibility shall include maintenance of all landscaping within the aforementioned right-of-way area. If no HOA is established, then the maintenance of this area shall fall to the adjacent property owner.

3. Landscape maintenance for properties developed under a unified landscape plan shall be conducted in a manner to ensure consistent and complementary results.

1. Property owners within single family residential subdivisions shall maintain their property in conformance with the Goodyear City Code.

2. In addition to the standards contained within the Goodyear City Code, the following standards shall also be applicable for landscaping in commercial, industrial and multi-family residential zoning districts, nonresidential developments in residential zoning districts, and HOA controlled common areas within platted subdivisions located in residential zoning districts:

a. Landscaped areas shall be maintained by the owner or lessor of the property in perpetuity. Maintenance shall include pruning, trimming, and watering of live plant material and the removal and replacement of dead plant material within thirty (30) days of notification by the city.

b. All planting and maintenance of trees within public rights-of-way shall conform to the American National Standards Institute (ANSI) A-300 “Standard for Tree Care Operations” and shall follow all tree care best management practices (BMPs) published by the International Society of Arboriculture, as amended.

c. Landscaped areas shall be maintained in a weed-free manner, free of debris.

d. All irrigation systems shall be maintained in good working condition and shall be programmed in accordance with seasonal irrigation requirements. Broken, leaking, or damaged irrigation systems shall be repaired within twenty-four (24) hours of identification or notification by the City.

e. Landscaping shall be maintained at the level shown on the original approved final landscape plan. Replacement and replanting of required landscaping shall occur as necessary to maintain conformance with the original approved final landscape plan.

f. Amenities and other hardscape improvements shown on the approved final landscape plan shall be maintained in good repair. Items in disrepair shall be replaced or fully repaired within thirty (30) days of notice provided by the City.

g. All tree stumps shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

3. Determination of Violation. The following activities or omissions shall constitute a violation of this Article:

a. Any alteration or deterioration of required landscape improvements except as noted in Section 5-1-5-C-4.

b. Areas containing weeds, debris, sinkholes, lack of inorganic groundcover, or similar conditions.

c. Missing, dead or unmaintained trees, shrubs, or other landscaping.

d. Amenities, including, but not limited to, barbeques, tot lots, ramadas, picnic tables, ball fields, courts, pools, lakes, lighting, sidewalks, trails, fences, gates, refuse enclosures, and other common area amenities or HOA facilities and buildings, which are missing, in disrepair or in need of paint or maintenance.

e. Trees, installed in accordance with this Article, that have been be so severely pruned or topped as to adversely affect said trees’ natural form, health or long-term viability. Trees severely damaged by storms or other natural causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempt from this section at the determination of the Zoning Administrator or his/her designee.

4. Determination of No Violation. There shall not be a violation of the requirements of this section if:

a. Trees or shrubs that have been removed for safety reasons, such as maintaining traffic visibility or preventing interference with utility poles and/or power lines, and if such removal has been authorized by the Zoning Administrator or his/her designee.

b. The existing landscaping meets the intent of the original approved plans.

c. If there is no approved landscape plan or other relevant document on file with the City, a violation of this section shall only be found to exist for dead plant material, parking lot planter islands where trees have been removed or are missing, damaged irrigation systems, debris, erosion, failure to control dust and where existing amenities are in disrepair. Amenities in disrepair shall be repaired or replaced.

d. Other than for streetscape, theme trees or similar designated trees within a special character area or landscape buffer, where trees or other plant material have been replaced with alternative material similar in size and appearance. (Ord. 22-1565, passed 12-12-22)

§ 5-2-1 Placement Regulations.

A. No walls, buildings, or other obstructions to view in excess of two (2) feet in height shall be placed on any corner lot within a triangular area formed by the street right-of-way lines and a line connecting them at points thirty-three (33) feet from the intersection of the street right-of-way lines.

B. Height of walls and fences in residential districts shall be measured from the lowest adjacent grade, except when adjacent to an alley or street right of way which has a higher grade than the adjacent site. Then the height shall be measured from the top of the crown of road or alley (if no curb). Height of screening devices shall be measured from the highest adjacent grade.

§ 5-2-2 Design, Construction, Maintenance and Development Standards.

1. All fences or walls shall be located entirely upon the private property of the persons, firms or corporation constructing, or causing the construction, of such fence unless the owner of the property adjoining agrees, in writing, that such fence or wall may be erected on the division line of the respective properties.

2. Any fence or wall constructed so as to have only one elevation “finished,” which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the adjacent property.

3. Outdoor storage areas for materials, trash, equipment, vehicles or other similar items shall be provided with a masonry screening wall six (6) feet in height.

4. Parking areas shall be screened from street view by masonry walls or berms to a minimum height of three (3) feet above the highest finished grade (may be supplemented by up to twenty five (25) percent intermittent landscaping).

5. Masonry walls six (6) feet in height shall be installed along interior boundaries of a site adjacent to or across from a residential district.

6. The minimum separation between fences and/or walls shall be twenty (20) feet. Any fence or wall constructed within twenty (20) to fifty (50) feet of another fence or wall shall have a maximum of four (4) feet of masonry and shall use view fencing for the remaining portion of the fence or wall. This regulation does not apply to retaining walls that do not extend above ground level.

1. Every fence or wall shall be constructed in a substantial, workmanlike manner and of a substantial material reasonably suited for the purpose for which the fence or wall is proposed to be used. Every fence or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become or remain in a condition of disrepair, damage, or unsightliness, or constitute a nuisance, public or private. Any such fence or wall which is, or has become, dangerous to the public safety, health or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance and the Chief Building Official, or his designee, shall commence proper proceedings for the abatement thereof.

2. No fence may be constructed of combustible materials, erected, placed or located to serve as a perimeter fence if within four (4) feet of a property line, except that gates for such fences may be of a combustible material provided the gate is no wider than twelve (12) feet.

3. Additional requirements for fences and walls apply as follows:

a. In residential and agricultural districts with residential uses, no open wire fences, including chain link fences, are allowed in a front yard and the maximum height of any freestanding wall or fence in a required front yard shall be three (3) feet except for walls that create a portal which shall be designed as an integral component of the portal fixture, as determined in the required Design Review process. In rear and side yards, the maximum height shall be six (6) feet.

b. All fences in a side or rear yard of a lot abutting an alley must allow for a three (3) foot deep by eight (8) foot wide inset with gate for storage of garbage cans.

c. Exterior boundaries of mobile home subdivisions and mobile home parks shall be bounded by a six (6) foot high masonry wall. Land between the wall and the public street improvement shall be landscaped with street trees and other landscaping materials, and shall be maintained by the owners or tenants.

d. In I-1 and I-2 districts, walled areas for storage of materials and equipment may include three (3) strand barbed wire or barbed tape for maximum security, (maximum eight (8) foot height).

e. All utility substations, wells, storage facilities, and other utilities shall be screened from view by a solid masonry wall or landscape screen.

4. Open wire fences exceeding the otherwise permitted heights may be built around schools and other public or quasi-public facilities when necessary for the safety or restraint of the occupants.

5. Open wire fences exceeding the otherwise permitted heights may be built around tennis courts or similar recreational facilities such as pickle ball courts by Use Permit or administrative approval, dependent upon the following criteria:

a. A Use Permit is required for open wire fences around tennis courts or similar recreational facilities such as pickle ball courts that are located within five hundred (500) feet of the nearest property line of any property zoned or platted for single-family residential development;

b. A Use Permit is not required for open wire fences around tennis courts or similar recreational facilities such as pickle ball courts where there is no residentially zoned property line within five hundred (500) feet of the tennis court.

6. A building permit must be obtained prior to the installation of any fence that exceeds six (6) feet in height.

7. Open wire fences, including chain link fences, are not permitted except as expressly provided in this Article or elsewhere in the Zoning Ordinance. Open wire fences including chain link fences are permitted within the City as follows:

a. In the AG and AU zoning districts subject to the terms and limitations in this Article;

b. On residential lots within subdivisions recorded prior to 1975, chain link fencing is permitted on single-family residential lots less than twenty thousand (20,000) square feet in area, subject to the following development and design standards:

i. The chain link fence shall include opaque screening with a woven density of no less than eighty (80) percent. Opaque screening shall consist of slats of wood, metal, vinyl, or composite material with integral color, powder coating or other method of design and manufacturing to minimize wear and maintenance and to maintain the aesthetic quality of the fencing. Use of fabric, tarpaulin, or similar non-rigid material is prohibited.

ii. Chain link fencing and opaque screening shall be maintained in good condition and free from wear and decreased aesthetic quality. Opaque screening shall be replaced upon finding by the Planning Administrator, or their designee, that the original integrity of the fencing has degraded to become visually blighting to the neighborhood or area.

iii. Chain link fencing shall meet the location, height, and traffic visibility requirements of this Article. (Am. Ord. 20-1469, passed 7-13-20)

§ 5-3-1 Enclosure Required.

It is hereby declared to be a public nuisance to maintain an outdoor swimming pool, either above or below ground level, with a maximum depth of eighteen (18) inches or more in the City of Goodyear unless either the premises upon which the pool is located or the pool itself is enclosed as required herein. Irrigation and storm water retention facilities, and the water features in public parks and golf courses are exempt from the fencing requirement of this section.

§ 5-3-2 Design and Enclosure Details.

A. All swimming pools, or the property on which they are located, shall be enclosed by buildings, walls, fences or combinations thereof, not less than five (5) feet nor more than six (6) feet in height above grade measured on the exterior side of the enclosure.

1. On a portable spa or portable hot tub, which is not more than eight (8) feet in width, a hard, latched or locked safety cover shall meet the barrier requirements of this section.

2. A key operated motorized safety cover for portable spas and hot tubs may also be used to meet the barrier requirements of this section. Approval must be received from the Chief Building Official, or his designee.

B. All gates shall be substantially the same height as the wall or fence and shall be self closing and self latching. Such gates and fencing shall not be constructed in a manner as to provide, either intentionally or unintentionally, hand or foot holes for climbing.

1. The latches shall be at least four and one half (4.5) feet above the underlying ground or otherwise made inaccessible from the outside to small children. If the material of construction or design is such that there are openings in the enclosure, such openings shall be of such size that a spherical object four (4) inches in diameter cannot pass through or under the fence or gate.

2. Double width gates which are not the sole means of ingress and egress shall not be required to be self closing and self latching but must be padlocked at all times when not in use.

§ 5-3-3 Zoning Districts: Placement.

A. In any AG, AP, AU, R1-10, R1-7, R1-6 or R2 district, private swimming pools shall be in the side or rear yards and no water surface shall be closer than five (5) feet from any property line.

B. In other zoning districts or where a private swimming pool is proposed in other than a side yard or rear, a Use Permit shall be obtained.

C. No public swimming pool shall be closer than twenty five (25) feet to any property line.

§ 5-3-4 Permit, Inspection, Maintenance.

A. A building permit shall not be issued for any swimming pool unless the plans for such pool provide for an enclosure as required by this Section.

B. No swimming pool shall be filled in whole or in part with water unless the pool structure has been installed in accordance with this Section and approved by the Chief Building Official, or his designee.

C. It shall be the responsibility of both the property owner and the occupant of the premises to install and maintain the fences, locks, latches, and gates in good condition and proper working order when water is in the pool, and either or both may be deemed in violation of this Article for failure to do so.