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Goodyear City Zoning Code

ARTICLE 8

General Provisions

These provisions are generally applicable throughout the City irrespective of zoning district designation, as supplemental regulations.

8-1 General Requirements

A. DESIGN STANDARDS. General design requirements, as set forth below and/or as may be supplemented by additional considerations promulgated by the City and approved by City Council, shall be addressed:

1. Residential Design Standards. Neighborhood or individual lot layouts shall consider functional and visually-appealing features that contribute to residential livability and community sustainability appropriate to the district classification. Design solutions should address compatibility at the neighborhood, block and individual lot perspectives.

a. Architectural themes. Masonry, stucco and horizontal, treated siding materials are preferred, with tile roofs in varied roofline treatments. Porches or deeply-shaded eaves are encouraged.

b. Variety. Colored elevations shall illustrate that a minimum of three (3) different elevations are provided in each block face. Developments of forty (40) dwelling units or more should offer a minimum of five (5) different elevations. Two-story homes are discouraged on corner lots, on more than three (3) consecutive lots, or on lots abutting major or minor arterials (unless additional open space is provided).

Figure 16

c. Street appearance. Landscaping plans establish street tree themes – recommended minimum two (2) trees, plus shrubs per lot. Garage fronts should not predominate; they should be recessed and/or constitute less than fifty (50) percent of the residential facade.

d. Residential streets. Designs discourage through traffic, reduced street paving widths may be considered where off-street guest parking bays are installed.

2. Non-Residential Use Design Standards. Building elevations in landscaped settings are expected to project a positive image of the City’s commercial, industrial and institutional development.

a. Architectural themes. Colored elevation drawings shall indicate that structures are provided with appropriate surfacing, architectural detailing and roofline treatments from all sides visible from streets or residences.

b. Streetscape. Landscaping and street furniture complement residential surroundings.

c. Construction materials. Appearance compatibility with residential neighborhoods is stressed, discouraging metal-finished buildings and highly-reflective glass. Tilt-up slab construction should include vertical architectural elements.

B. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken (except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto).

C. Every dwelling shall be located and maintained on a lot as defined herein.

D. No space needed to meet the width, yard, area, coverage, parking or other requirements of this Ordinance for a lot or building may be sold or leased away from such lot or building.

E. No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.

F. Every part of a required yard shall be open to the sky and unobstructed except for accessory buildings in a rear yard and except as otherwise permitted herein.

1. The projections of skylights, window sills, belt courses, cornices, chimneys, flues and other ornamental features and open or lattice enclosed fire escapes, fireproof outside stairways and balconies may project into a yard not more than five (5) feet except in the case of a side yard where it shall not come nearer than three (3) feet to the side lot line.

2. Bay windows, including their cornices and eaves, may project into any required yard not more than two (2) feet, provided, however, that the sum of such projections on any wall does not exceed one-third (1/3) the length of said wall.

3. There shall be an unobstructed opening or gate not less than three (3) feet wide into the rear yard from one (1) side of the house for emergency ingress.

4. Portals may project into a side yard up to the property line of a defined lot. No part of the portal structure shall encroach into an adjacent property.

5. On residential lots within subdivisions recorded prior to 1975, unenclosed shade structures may project into a required front yard setback area, subject to the following development and design standards:

a. The structure shall be permanently affixed to the ground by anchoring or slab attachment and supported by piers, columns or support elements;

b. The structure shall not be enclosed and no wall taller than three (3) feet may be constructed between piers, columns or support elements of the structure;

c. The style, materials and colors of the structure shall be consistent with the style, materials, and colors of the residential building to which it is connected. The structure shall utilize the same level of finish and detailing as the residential building;

d. The structure shall maintain a minimum setback of three (3) feet from any right-of-way line. The structure shall be set back from any side property line a distance equal to the side setback for the primary residential building;

e. The structure shall not exceed twelve (12) feet in height, or the maximum height of the primary residential building, whichever is less;

f. A paved surface shall be provided under the structure except that lots larger than twenty thousand (20,000) square feet in size may provide stabilized surfaces consistent with PM-10 standards and Section 6-2-2-A-10 of the Zoning Ordinance in lieu of a paved surface;

g. The structure shall contain a roof of substantial construction, composed of wood, asphalt, composite, or concrete roofing. Lattice roofing with supporting elements are permitted. No fabric, plastic, or other similar temporary materials shall be utilized;

h. Driveway widths and the limitations on the percentage of a front yard that can be paved in Section 6-2 of the Zoning Ordinance shall be adhered to;

i. Outdoor storage in the front yard and visible from the public rights-of-way is prohibited. Outdoor storage shall be located outside the front yard area and screened from view from public rights-of-way by a solid wall or fence; and

j. The structure shall remain open and never be enclosed as a garage or as living space.

G. No lot shall be divided in such a way that any division of such a lot shall contain more dwelling units than are permitted by the zoning regulations of the district in which such lot is situated.

H. On an interior lot, in any Residential District, having no access to an alley and where the garage or carport is not attached to the main building, required side yards shall be maintained.

I. No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land be used, designed, or intended for any purpose, or in any manner other than is included among the uses as permitted in the district in which located (provided that any building may be moved off any lot).

J. No building shall be erected, nor shall any required open space be encroached upon or reduced, except in conformity to the yard, lot areas, open space, building location, and off-street parking regulations designated for the district in which it is located.

K. No yard or other space on one lot shall be considered as providing yard or open space for a building on any other lot.

L. A mobile home, recreational vehicle, or similar vehicle shall not be considered a dwelling unit, nor occupied as such, unless located in a recreational vehicle or mobile home park or mobile home subdivision. A mobile home, recreational vehicle, or similar vehicle shall be prohibited as a facility for any non residential use permitted in this Ordinance, except as an office when construction is on going on a site.

M. Any enclosed or roofed porch shall be considered a part of the main building in the determination of the size of yard or lot coverage.

N. A portal may encroach into the side yard setback and will not be counted as part of the main building in the determination of the size of yard or lot coverage.

O. Where two (2) or more lots are used as a building site and where main buildings cross lot lines, then the entire area shall be considered as one (1) lot, except that the front of the parcel shall be determined to be the front of the individual lots as originally platted or laid out.

P. In all zones which require a front yard, no obstruction to view in excess of three (3) feet in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points thirty three (33) feet from the intersection of the street lines, except trees pruned high to permit unobstructed vision for automobile drivers; and pedestal type identification signs and pumps at gasoline service stations.

Q. Mechanical equipment, including but not limited to heating/cooling equipment, pool pumps, electrical equipment and motors directly related to the primary use of the property, shall be restricted from locating in the front yard. (Am. Ord. 20-1469, passed 7-13-20)

8-2 Detached Accessory Buildings, Guest Houses, Accessory Dwelling Units, Ventilation Courts, and Portable Storage Containers

A. DETACHED ACCESSORY BUILDINGS. In all Residential Districts, detached accessory buildings shall conform to the following restrictions concerning locations within lots:

1. Location. Detached accessory buildings or pads may be located in the front or rear of a lot. The location of the accessory building will determine the setback requirements, use and height of said accessory buildings which include the following criteria:

a. Front accessory buildings are defined as buildings located in the front half of the lot. These buildings are limited in use to either a garage or a casita. A casita being defined as a living area used as a bedroom, home office or other use that would be allowed and typical within the main building. The casita may also include a bathroom, but no (cooking) kitchen facilities.

1. Architecture of accessory buildings must be the same as the main building. When viewed from the front of the lot, the accessory building should appear as an extension of the main building.

2. Setback and height requirements for a front accessory building must be the same standards as for the main building, but shall not exceed the height of the main building.

b. Rear accessory buildings are defined as buildings located in the rear half of the lot. Their use is limited to standard uses that are allowed in the main building, with the exception of the kitchen.

1. Setback requirements for rear accessory buildings are modified to allow encroachment into the required side and rear yard except for the following:

(a) One (1) foot setback shall be required on all sides of an accessory building for each one (1) foot in height (to the peak of the building) above the lot perimeter fence or wall, which shall not exceed six (6) feet in height.

(b) Through lot. The accessory building shall not be located closer to the rear property lines than the distance required for front yard setback.

(c) Corner lot. The accessory building shall not be located closer to the street or side property line than the setback required for the main building.

(d) Corner lot contiguous to key lot. No detached rear accessory building shall be located closer to the street side of a corner lot than the front yard required on the key lot, except such setback need not be greater than one-half (1/2) the width of the corner lot.

2. No building, which is accessory to any residential building, shall be erected to a height greater than twelve (12) feet unless it is within the same setback requirements as the main building, but may not exceed the height of the main building.

3. All accessory buildings designed or used for sleeping or living purposes (Casitas) shall be within the same setback requirements as that of the main building.

4. No Casitas shall be constructed on any lot or parcel with an Accessory Dwelling Unit.

2. Detached accessory buildings shall be permanently affixed to the ground by anchoring or slab attachment.

3. No accessory buildings shall occupy more than twenty five (25) percent of the area lying between the rear of the main building and the rear property line.

B. Guest House shall be restricted to lots having areas of not less than fifteen thousand (15,000) square feet. Guest house, whether detached or attached, shall not have an address separate from the principal residence on the lot or parcel. Where a guest house is structurally attached to a main building, it shall be subject to and must conform to all regulations of this Ordinance applicable to the main building. Not more than one (1) guest house shall be permitted on any one (1) lot or parcel.

1. General Provisions.

a. A guest house shall be constructed of similar materials, colors and architectural style to the main building.

b. On lots having principal building and guest house, maximum lot coverage of all buildings shall not exceed sixty (60) percent.

c. A guest house shall have no separate utility services and no entry visible from public right-of-way.

d. No guest house shall be leased or rented.

e. A guest house shall have no separate driveway or parking area from that of the principal residence. The principal residence shall have not less than three (3) enclosed covered parking spaces and paved access to each of the spaces.

f. No guest house shall be constructed on any lot or parcel until the main building has been fully constructed and ready for occupancy.

g. No guest house shall be constructed on any lot or parcel with an Accessory Dwelling Unit.

h. A guest house may contain (cooking) kitchen facilities.

2. Detached guest house is subject to the following additional criteria:

a. Detached guest house may encroach into the required site and rear yard setback of the lot, provided that setbacks of five (5) feet shall be maintained from side and rear property lines. On a through lot, the detached guest house shall not be located closer to the rear property line than the distance required for front yard setback. On any corner lot, the detached guest house shall not be located closer to the street side property line than the setback required for the main building.

b. No detached guest house shall have floor areas exceeding fifty (50) percent of the principal building nor exceed a height of twenty (20) feet.

C. ACCESSORY DWELLING UNIT.

1. General Provisions.

a. No more than one (1) attached and one (1) detached Accessory Dwelling Unit shall be permitted on single-family lots.

b. Accessory Dwelling Units shall not be located on single-family lots on land in the territory in the vicinity of a Military Airport or Ancillary Military Facility as defined in A.R.S. § 28-8461 or 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.

c. Accessory Dwelling Units, whether detached or attached, shall not have an address separated from the principal single-family dwelling on the same lot or parcel.

d. An Accessory Dwelling Unit shall comply with the adopted design guidelines and development standards but may deviate from the exterior design, roof pitch or finishing materials of the single-family dwelling on the same lot or parcel, in conformance with A.R.S. § 9-461.18.

e. The side and rear setbacks for an Accessory Dwelling Unit shall be five (5) feet.

f. The front and street setback, building lot coverage, building frontage, and building height for an Accessory Dwelling Unit shall be the same as that of the principal single-family dwelling on the same lot or parcel.

g. The Accessory Dwelling Units shall be self-contained and include a bedroom, bathroom and may include kitchen (cooking) facilities. The Accessory Dwelling Unit may include, but is not required to have, a parking area or attached garage.

h. The Accessory Dwelling Unit shall be no larger than seventy-five (75) percent of the gross floor area of the principal single-family dwelling on the same lot or parcel or one thousand (1,000) square feet, whichever is less.

i. In addition to the one (1) attached and one (1) detached Accessory Dwelling Unit permitted on single-family lots, an additional one (1) detached Accessory Dwelling Unit is permitted if the lot or parcel is one (1) acre or larger in size and the additional one (1) detached Accessory Dwelling Unit is a Restricted-Affordable Dwelling Unit subject to a Deed Restriction or Development Agreement with the City of Goodyear. Prior to the issuance of any permit for the construction of a Restricted-Affordable Dwelling Unit, the owner of the proposed Restricted-Affordable Dwelling Unit shall execute and deliver an original recorded copy of a deed restriction or development agreement to the City of Goodyear. The deed restriction or development agreement shall be recorded in the Maricopa County Recorder’s Office by the owner of the lot or parcel burdened thereby and shall remain a covenant and restriction running with the property for at least thirty (30) years.

D. VENTILATION COURTS. Rooms in which persons live or sleep, not having at least one (1) wall abutting on a street or alley, or on a yard, shall be supplied natural light and air from a ventilation court conforming to the following:

Number of Stories Above Bottom of Court

Minimum Width of Court in Feet

1

20

2

30

3

40

4 or more

50

E. PORTABLE STORAGE CONTAINERS.

1. In all Multi-Family, Commercial, and Industrial zoning districts, portable storage containers are permitted only in accordance with the following:

a. As a temporary use during construction, remodeling, or redevelopment of permanent onsite buildings and facilities, subject to approval of a Zoning Permit by the Community Development Department. Such permit shall specify and limit the number, size, location, and duration of the storage containers.

b. As a periodic, intermittent, or recurring use accessory to a primary permitted use, subject to approval of a Zoning Permit by the Community Development Department. In addition to specifying and limiting the number, size, location, and duration of the storage containers, the Zoning Permit may require additional measures, such as increased setbacks, screen walls, landscaping, exterior materials, and colors, to ensure compatibility with adjacent land uses. Zoning Permits granted for portable storage containers in Commercial and Industrial zoning districts shall be permitted for a period of time not to exceed sixty (60) days, with one (1) renewal permitted for a period of time not to exceed thirty (30) days, in a calendar year.

c. In no case shall storage containers be located in required yards, landscape areas, open space, retention basins, drive aisles, required parking spaces, fire lanes, loading zones, or any other location that may cause hazardous conditions, constitute a threat to the public safety, or create a condition detrimental to surrounding land uses and developments.

2. In all Single-Family zoning districts, portable storage containers are permitted only for the purpose of loading and unloading household contents for a period of time not to exceed ten (10) days in a calendar year.

F. DONATION DROP-OFF BOXES. In all non-residential zoning districts, Donation Drop-Off Boxes are permitted only in accordance with the following standards and procedures:

1. Donation Drop-Off Boxes are permitted only as a use accessory to an established and primary permitted use. Donation Drop-Off Boxes are subject to the approval of a Zoning Permit by the Community Development Department, and upon receipt of written authorization by the property owner, or his legal representative.

2. Donation Drop-Off Boxes shall not obstruct pedestrian or vehicular circulation, nor be located in public rights-of-way, required building setbacks, landscape areas, drive aisles, required parking spaces, fire lanes, loading zones, or any other location that may cause hazardous conditions, constitute a threat to the public safety, or create a condition detrimental to surrounding land uses and developments.

3. Each Donation Drop-Off Box shall have a firmly closing lid and shall have a capacity no greater than six (6) cubic yards. No Donation Drop-Off Box shall exceed seven (7) feet in height.

4. Donation Drop-Off Boxes may be constructed of painted metal, rubber, wood, or plastic and shall be properly maintained in a safe and good condition.

5. Donation Drop-Off Boxes shall be clearly marked to identify the specific items and materials requested to be left for donation, the name of the operator or owners of the donation container, and a telephone number where the owner, operator or agent of the owner or operator may be reached at any time. The Donation Drop-Off Box shall also display a notice stating that no items or materials shall be left outside of the Donation Drop-Off Box.

6. Occupation of parking spaces by the Donation Drop-Off Boxes shall not reduce the number of available parking spaces below the minimum number required for the site.

7. All donated items must be collected and stored in the Donation Drop-Off Box. Donated items or materials shall not be left outside of Donation Drop-Off Boxes, and the area around each Donation Drop-Off Box shall be maintained by the owner or operator, or the property owner, free of litter and any other undesirable materials.

8. Donation Drop-Off Boxes not located or maintained in compliance with this Article shall be subject to revocation of the Zoning Permit. (Am. Ord. 24-1616, passed 12-16-24)

8-3 Height Limitations

The following limitations shall apply:

A. Attached church spires, crosses, belfries, cupolas, flag poles, clock towers, or similar features may extend above the roof no more than the height of the building. Detached features shall be no greater than twice the height of the highest building on site.

B. The maximum building height permitted for non-residential uses may be increased 10 feet above the building height limit for unoccupied building architectural elements, such as parapet walls, chimneys, towers, domes and decorative masonry or metal framework, that are necessary to achieve the objectives and requirements of the City Design Guidelines to provide architectural interest and diversity in building elevations or variations in roof form and horizontal lines; provided that the total amount of such architectural elements that exceed the building height limit do not exceed 50% of the linear length of any building elevation or exceed 50% of the total roof area of the building.

C. Parapet walls or cornices may extend to five (5) feet above the maximum building height limit to provide required screening of mechanical equipment from street view.

D. Notwithstanding this Ordinance, no exceptions to the height limit shall be permitted in any district combined with an airport hazard district, except to the extent that the height limit in an airport hazard district exceeds the height limit in the use district.

E. No building shall be erected to exceed the height limit designated for the district in which located, whether the height be designated in number of stories, number of feet, or otherwise.

8-4 Hazardous Materials

A. Storage of hazardous materials in any District will be subject to Fire Department review.

B. If any such storage becomes obnoxious, offensive by reasons of emission of odor, smoke, gas fumes or refuse, or places the public at risk, materials shall be removed by order of the Fire Chief.

C. Uses or operations of products within the I-2 District shall be permitted unless such uses are or may become obnoxious or offensive by reason of the emission of odor, dust, smoke, noise, gas fumes, cinders, vibrations, glare, refuse, or air or water pollution.

D. Explosive or hazardous processes require approval by the Goodyear Fire Department that all manufacturing, storage and water processes meet all safety and environmental standards administered by said department.

8-5 Miscellaneous

A. A residence shall not be used as the location of a yard sale, garage sale or carport sale (or any combination thereof) more than four times in any calendar year, nor longer than two (2) days for any single event.

B. No more than three (3) children, other than those residing therein, may be taken in for child care or baby sitting in a private residence.

C. No mobile home or house trailer shall be parked or stored in a residential zone district. A camping trailer, motor home or camper may be permitted within an owner's residential property, subject to compliance with Off-Street Parking and Loading criteria of the Zoning Ordinance. No mobile home, house trailer, camping trailer or camper shall be occupied or lived in other than in a mobile home or recreational vehicle park or mobile home subdivision as permitted.

D. There shall be no parking of recreational vehicles (trailers, boats, campers, etc.) on a public street when not attached to a vehicle. If attached to a vehicle, parking on a public street is permitted for a maximum period of forty eight (48) hours.

E. Setbacks for all buildings in all districts shall be measured from property lines.

F. Mechanical work on vehicles that may take more than seventy two (72) hours to complete must be done inside a garage, carport or rear yard in residential areas. Such work shall be restricted to vehicles licensed to the resident of the property upon which the work is being done.

G. Neither building permits nor certificates of occupancy shall be issued until use of the land and/or building conforms to this Ordinance.

H. Non-commercial, non-business wireless communications equipment shall be considered a permitted accessory use in all Districts when it complies with the following conditions:

1. Equipment is used to provide fixed wireless communications service(s) to, and is located on the same property as, a single structure or group of structures under common ownership used for substantially the same purpose.

2. Equipment mounted on the roof of the served structure does not extend more than five (5) feet above the roofline.

3. Equipment mounted on an exterior wall of the served structure does not extend more than twelve (12) inches from the mounting wall.

4. Equipment mounted on a pedestal, foundation, or on the ground in rear or side yards does not extend above the height of a solid, screening wall and/or vegetation provided and maintained on the subject property.

5. Equipment is camouflaged and/or screened from view from surrounding properties.

6. All antennae and towers greater than thirty-five (35) feet measured from grade shall require a Use Permit and shall be located at least one (1) foot from all property lines for every foot of the antenna’s or tower’s height above grade.

I. The sale and/or planting in the City of Goodyear of pollen producing varieties of trees such as the male mulberry tree (Morus Alba) and the olive tree (Olea Europea) which produce large amounts of allergenic, airborne pollens is hereby declared to be a public nuisance. Specifically excluded from the provisions of this section are non-pollinating varieties of olive and male mulberry trees.