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Peoria City Zoning Code

Sec. 21-400

Residential Districts

Sec. 21-408. Suburban Ranch (SR-43 and SR-35).

   The purpose of the Suburban Ranch Districts (SR-43 and SR-35) is to provide for and conserve existing rural and low-density residential uses in their present or desired character fostering orderly growth in rural areas.
(Ord. No. 2010-27, 10-5-10; Ord. No. 2017-33, § 50, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-409. Permitted Principal Uses.

A.   Single-Family Dwelling.
B.   Publicly owned and operated parks, recreation areas, and centers.
C.   Soil Crops.
D.   Group Homes, in accordance with Section 21-330.
E.   Public/Charter Schools and Private Schools, provided that the facility shall have direct vehicular access to an arterial or collector street. Facilities for the repair or storage of vehicles and equipment shall be prohibited.
F.   Churches, Synagogues, Temples, Chapels, or similar places of worship, and related facilities.
G.   Public utility buildings, uses, structures, equipment and storm water retention areas; provided that repair or storage facilities in connection therewith are expressly prohibited.
H.   Middle Housing, in accordance with Section 21-423.
(Ord. No. 99-89, 7-20-99; Ord. No. 02-55, 6-18-02; Ord. No. 02-85, 10-3-02; Ord. No. 04-207, 11-16-04; Ord. No. 2010-27, 10-5-10; Ord. No. 2017-33, § 51, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24; Ord. No. 2025-29, § 2, 11-18-25)

Sec. 21-410. Permitted Conditional Uses.

A.   Commercial breeding, raising, training and feeding principally by grazing of horses, cattle, sheep and goats; provided that pens, buildings, corrals and yards other than open pastures are not closer than one hundred (100) feet to any property line.
B.   Commercial poultry, bird and egg farms, provided that pens, buildings and enclosures are not closer than one hundred (100) feet to any property line.
C.   Kennels, for the boarding and breeding of dogs and cats.
D.   Plant Nurseries, including on-site retail sales, for the propagation, cultivation, sales and distribution of plants.
1.   Development of the plant nursery area shall require Site Plan Review.
2.   A six (6) foot high solid (opaque) fence or wall shall be provided between all plant nursery areas and adjacent properties.
3.   Development of the plant nursery shall be subject to completion of all improvements as recommended by the Traffic Impact Analysis approved by the City Engineer.
4.   Retail Sales shall be limited to plants grown in the ground or pots on the premises.
E.   Public buildings providing cultural, educational, administrative, fire, or police protection services to district residents; provided that all vehicular access shall be restricted to public streets.
F.   Colleges or University Facilities, such facilities shall have direct vehicular access to an arterial or collector street. Facilities for repair or storage of vehicles and equipment shall be prohibited.
G.   Golf Courses - including clubhouses, provided that:
1.   All direct vehicular access shall be from abutting arterial or collector streets.
2.   All principal and accessory buildings shall be located not less than fifty (50) feet from any property line adjoining any residential district.
3.   Any accessory restaurant or bar shall be an integral part of a principal building, shall have no public entrance except from within the building, and shall make no exterior display or advertising of any commercial activity.
4.   Golf greens and tees, swimming pools, tennis courts and similar outdoor recreation facilities shall be located not less than twenty-five (25) feet from any property line.
H.   Group Care Facility or Community Residential Setting Facility in accordance with Section 21-330.
I.   Day Care Group Homes with five (5) or more children, in accordance with Section 21-330. and provided that the residence is a single-family detached dwelling.
J.   Bed and Breakfast Inn, subject to the following:
1.   Maximum building height shall be thirty (30) feet or two (2) stories, whichever is greater.
2.   Paved areas shall be reduced to the smallest area commensurate with efficient operation and function of the site. All unpaved areas shall be maintained in lawns or landscaping.
3.   Short-term lodging, for the purposes of a Bed and Breakfast Inn, shall be for a period not exceeding fourteen (14) consecutive days in any calendar year.
4.   Meals shall be restricted to registered guests.
K.   Preschool centers or day care centers in conjunction with a non-residential permitted principal or conditional use:
1.   The use shall be in accordance with State Department of Health Services regulations.
2.   All vehicular access shall be from an existing arterial or collector street.
3.   No on street parking or drop-off shall be permitted.
4.   Playgrounds or other outdoor activity area shall be separated from adjacent residential land uses by no less than twenty-five (25) feet.
5.   All playgrounds or outdoor activity areas shall be properly fenced using the following methods:
a.   Solid masonry wall no shorter than four feet, six inches (4'-6") or
b.   Wrought-iron view fence no shorter than four feet, six inches (4'-6") with vertical members no greater than four inches (4") apart; or
c.   Other fencing method approved by the Planning and Zoning Commission.
6.   Hours of operation shall be between 6:00 a.m. and 7:00 p.m., or as otherwise established by the Planning and Zoning Commission.
7.   Hours of outdoor activity shall be limited to between 8:00 a.m. and 6:00 p.m.
(Ord. No. 99-101, 10-5-99; Ord. No. 02-55, 6-18-02; Ord. No. 02-85, 10-3-02; Ord. No. 05-58A, 12-13-05; Ord. No. 2017-33, § 52, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-411. Permitted Accessory Uses.

A.   Any accessory dwelling unit, use, structure, or building customarily incidental to a permitted principal use.
B.   Accessory day care and pre-school uses operated in conjunction with a non-residential permitted principal use provided that:
1.   Day care/pre-school uses in conjunction with a religious institution shall only operate during service/worship times; or
2.   Day care/pre-school uses in conjunction with other non-residential uses shall only operate during regular business hours.
C.   Animals per Chapter 16 of the Peoria City Code, except for keeping of fowl, which shall be permitted pursuant to ARS § 9-462.10.
D.   Non-commercial aviaries and apiaries, provided that buildings, pens, or hives are not closer than one hundred (100) feet to any neighboring residence and hives are limited to two (2) in number.
E.   Day care for four (4) or less children in conjunction with a residential use.
F.   Home occupations in accordance with Section 21-320.
G.   Private or jointly owned community center recreational facilities, pools, tennis courts, and spas.
H.   Storage or parking of recreational vehicles and utility trailers, in accordance with Chapter 14 Motor Vehicles and Traffic of the Peoria City Code (1992).
(Ord. No. 93-25, 5-25-93; Ord. No. 95-10, 2-21-95; Ord. No. 98-18. 3-17-98; Ord. No. 02-85, 10-3-02; Ord. No. 2017-33, § 53, 6-13-17; Ord. No. 2024-20, § 2(Exh. A), 12-17-24)

Sec. 21-412. Property Development Standards for Permitted Principal Uses.

A.   The following property development standards shall apply in zoning districts SR-43 and SR-35:
Property Development Standards
SR-43
SR-35
Property Development Standards
SR-43
SR-35
Minimum Lot Area (square feet)
43,560
35,000
Minimum Lot Width (FT)
145
125
Maximum Lot Coverage (percentage)
25%
35%
Maximum Building Height (FT)
30
30
Front Yard Setback (FT)
40
30
Side Yard Setback (FT)
20
10/20
Rear Yard Setback (FT)
20
20
 
(Ord. No. 90-55, 11-13-90; Ord. No. 2017-33, § 54, 6-13-17)

Sec. 21-413. Property Development Standards for Permitted Conditional Uses.

Permitted Conditional Uses shall conform to the property development standards for Permitted Principal Uses of Section 21-412 except as otherwise specified in this Ordinance.
(Ord. No. 2017-33, § 55, 6-13-17)

Sec. 21-414. Property Development Standards for Permitted Accessory Buildings.

A.   Permitted Accessory Buildings shall conform to the property development standards for Accessory Buildings as specified in Section 21-315. Accessory buildings which house mammals and fowl for “commercial” or “non-commercial use” pursuant to Sections 21-410 and 21-411, shall conform to the principal building setback or the setbacks as specified in Sections 21-410 and 21-411, whichever is greater.
B.   Accessory Dwelling Units shall be permitted pursuant to Section 21-316.
(Ord. No. 04-187, 8-26-04; Ord. No. 2017-33, § 56, 6-13-17; Ord. No. 2024-20, § 2(Exh. A), 12- 17-24)

Sec. 21-415. Single Family Residential R1-43, R1-35, R1-18, R1-12, R1-10, R1-8, and R1-6.

   These districts comprise single-family residential areas and certain land areas where such development is desirable. They provide for a range of single-family lot sizes and establish minimum property development standards directly related to such lot sizes. Each district is restricted to the same principal, accessory and conditional uses and affords each residential property a uniform degree of protection from encroachment and adverse influence, regardless of its price class or lot size. Regulations are designed to stabilize and protect the single-family character of the districts, to promote and encourage creation of a favorable environment for family life where most families include children and to prohibit all incompatible activities. Certain essential and complementary uses are also permitted under conditions and standards, which assure their compatibility with the character of the district.
(Ord. No. 93-12, 3-2-93; Ord. No. 2011-13, 7-5-11; Ord. No. 2017-33, § 57, 6-13-17; Ord. No. 2024-20, § 2(Exh. A), 12-17-24)

Sec. 21-416. Permitted Principal Uses.

A.   One detached single-family dwelling per lot.
B.   Publicly-owned and operated parks and recreation areas and centers.
C.   Group Homes, in accordance with provisions of Section 21-330.
D.   Public/Charter Schools and Private Schools, provided that the facility shall have direct vehicular access to an arterial or collector street and that facilities for repair or storage of vehicles and equipment shall be prohibited.
E.   Churches, synagogues, temples, chapels, or similar places of worship, and related facilities, subject to review and approval of vehicular access by the City Engineer.
F.   Public utility buildings, uses, structures, equipment and storm water retention areas; provided that repair or storage facilities in connection therewith are expressly prohibited.
G.   Middle Housing, in accordance with Section 21-423.
(Ord. No. 93-12, 3-2-93; Ord. No. 99-89, 7-20-99; Ord. No. 02-19, 4-2-02; Ord. No. 02-85, 10-3-02; Ord. No. 04-207, 11-16-04; Ord. No. 2017-33, § 58, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24; Ord. No. 2025-29, § 2, 11-18-25)

Sec. 21-417. Permitted Conditional Uses.

Any of the following uses may be permitted as principal uses subject to approval by the Commission of site development plans prepared in accordance with provisions of this Section and Section 21-155.
A.   Public buildings providing cultural, educational, administrative, fire and police protection services to district residents; provided that all vehicular access shall be restricted to public streets.
B.   Colleges or university facilities, such facilities shall have direct vehicular access to an arterial or collector street. Facilities for the repair or storage of vehicles and equipment shall be prohibited.
C.   Non-commercial recreational uses provided that all direct vehicular access is from an arterial or collector street.
D.   Golf courses, including clubhouses, provided that:
1.   All direct vehicular access shall be from abutting arterial or collector streets.
2.   All principal and accessory buildings shall be located not less than fifty (50) feet from any property line adjoining any residential district.
3.   Any accessory restaurant or bar shall be an integral part of a principal building, shall have no public entrance except from within the building, and shall make no exterior display or advertising of any commercial activity.
4.   Golf greens and tees, swimming pools, tennis courts and similar outdoor recreation facilities shall be located not less than twenty-five (25) feet from any property line.
E.   Day Care Group Homes with five (5) or more children, in accordance with provision of Section 21-330, and upon a finding by the Planning and Zoning Commission, that such homes will be operated in a manner that is compatible with and not detrimental to, adjacent properties or the neighborhood in general.
F.   Group Care Facility or Community Residential Setting Facility in accordance with provision of Section 21-330.
G.   Preschool centers or day care centers in accordance with State Department of Health Care Services regulations provided that:
1.   The use shall be in conjunction with a non-residential principal or conditional use within this Section.
2.   All vehicular access shall be from an existing arterial or collector street.
3.   No on street parking or drop-off shall be permitted.
4.   Playgrounds or other outdoor activity area shall be separated from adjacent residential land uses by no less than twenty-five (25) feet.
5.   All playgrounds or outdoor activity areas shall be properly fenced using the following methods:
a.   Solid masonry wall no shorter than 4'-6"; or
b.   Wrought-iron view fence no shorter than 4'-6" with vertical members no greater than 4" apart; or
c.   Other fencing method approved by the Planning and Zoning Commission.
6.   Hours of operation shall be between 6:00 a.m. and 7:00 p.m., or as otherwise established by the Planning and Zoning Commission
7.   Hours of outdoor activity shall be limited to between 8:00 a.m. and 6:00 p.m.
(Ord. No. 93-12, 3-2-93; Ord. No. 02-19, 4-2-02; Ord. No. 02-85, 10-3-02; Ord. No. 05-58A, 12-13-05; Ord. No. 2017-33, § 59, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-418. Permitted Accessory Uses.

A.   Any accessory dwelling unit, building, structure and use customarily incidental to a permitted use.
B.   Off-street parking serving a permitted principal use, in accordance with Section 21-900.
C.   Private garage or carport for storage or parking of vehicles.
D.   Animals per Chapter 16 of the Peoria City Code, except for keeping of fowl, which shall be permitted pursuant to ARS § 9-462.10.
E.   Storage or parking of recreational vehicles and utility trailers, in accordance with Chapter 14 Motor Vehicles and Traffic of the Peoria City Code (1992).
F.   Home occupation, in accordance with Section 21-320, of this Ordinance.
G.   Day care for four (4) or less children.
(Ord. No. 93-25, 5-25-93; Ord. No. 98-18, 3-17-98; Ord. No. 02-85, 10-3-02; Ord. No. 2017-33, § 60, 6-13-17; Ord. No. 2024-20, § 2(Exh. A), 12-17-24)

Sec. 21-419. General Property Development Standards.

A.   On any lot, no structure shall exceed three (3) feet in height above grade within the required front setback area.
B.   Side lot lines shall be substantially at right angles or radial to street lines, except where other treatment can be justified.
C.   All Flag Lots, except as provided under Section 21-643, shall be subject to the following standards:
1.   The access portion of the flag lot ("flag pole") must be under the same ownership as the flag portion
2.   Each flag lot shall have at least twenty (20) feet of street frontage and at least twenty (20) feet of width for the entire length of the flagpole.
3.   The area of the flag pole portion of the flag lot shall not be included in the calculation of minimum lot area.
4.   For flag lots, the Zoning Administrator shall determine which property line(s) shall constitute the front and rear lot lines for the purposes of compliance with yard and setback provisions of this ordinance.
5.   Flag lots shall have the street address clearly visible from the street to identify a dwelling that is set back from the street.
6.   The driveway providing access to the flag lot shall be placed as close as possible to an existing driveway on adjacent property.
7.   The number of flag lots shall be limited per parcel or subdivision pursuant to the following schedule. No more than two (2) flag lots may be contiguous.
 
Table 21-419 Maximum Number of Flag Lots
Size of Subdivision or Minor Land Division
Maximum Number or Percentage (%) of Flag Lots
10 or fewer lots
1 lot
11—50
10%
50+
5%
 
(Ord. No. 95-72, 10-3-95; Ord. No. 98-18, 3-17-98; Ord. No. 2017-33, § 61, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-420. Property Development Standards for Permitted Principal Uses.

A.   The following property development standards shall apply in zoning districts R1-43, R1-35, R1-18, R1-12, R1-10, R1-8, R1-7 and R1-6:
Property Development Standards
R1-43
R1-35
R1-18
R1-12
R1-10
R1-8
R1-7 Δ
R1-6
Property Development Standards
R1-43
R1-35
R1-18
R1-12
R1-10
R1-8
R1-7 Δ
R1-6
Minimum Lot Area (acreage)
43,560
35,000
18,000
12,000
10,000
8,000
7,000
6,000
Minimum Lot Width (FT)
145
125
90
70
70
70
70
50
Minimum Lot Depth (FT)
100
100
100
100
100
100
100
100
Maximum Lot Coverage (percentage)
30%
35%
35%
40%
45%
45%
45%
45%
Maximum Building Height FT
30
30
30
30
30
30
30
30
Front Setback (FT)
Side-entry garage (ΔΔ)
35
30
20
10
10
10
10
10
Front-facing garage °
35
30
20
20
20
20
20
20
Interior Setback (min/total FT)
10/30
10/20
5/15
5/15
5/15
5/15
5/15
5/8/13
Rear Setback (FT)
30
20
15
15
15
15
15
15
Corner Setback (FT) (ΔΔΔ)
10
10
10
10
10
10
10
10
 
   Notes
    Not more than 60% of the total front-facing elevation shall occur at the 10-foot setback.
    ° Where front-facing garages are present, a 10-foot front setback shall apply to the livable portion of the home provided that not more than 60% of the total front-facing elevation occurs at the 10-foot setback.
   Δ Residential District R1-7 shall only apply to property zoned R1-7 on or before February 13, 1991. No property shall be re-zoned to the R1-7 district after February 13, 1991.
    ΔΔ  Side-entry garages shall be prohibited on corner lots.
   ΔΔΔ If a tract of land is present between the right-of-way and the side property line for landscaping or other purposes. the tract shall not be considered a corner yard for setback purposes
(Ord. No. 89-36, 11-21-89; Ord. No. 93-42, 10-19-93; Ord. No. 97-95, 9-16-97; Ord. No. 99-92, 8-3-99; Ord. No. 03-158, 7-1-03; Ord. No. 04-187, 8-26-04; Ord. No. 2017-33, § 62, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-421. Property Development Standards for Permitted Conditional Uses.

A.   Maximum height of principal buildings conditionally permitted. Two stories of not more than thirty (30) feet, except as provided in Section 21-304 of this Ordinance.
B.   Minimum setbacks. Every conditionally permitted principal and accessory building shall maintain required setbacks.
(Ord. No. 04-187, 8-26-04; Ord. No. 2017-33, § 63, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-422. Property Development Standards for Permitted Accessory Buildings.

A.   Accessory Buildings and Structures shall be permitted pursuant to Section 21-315.
B.   Accessory Dwelling Units shall be permitted pursuant to Section 21-316.
(Ord. No. 04-187, 8-26-04; Ord. No. 05-51, 9-7-05; Ord. No. 2016-29, 9-20-16; Ord. No. 2017-33, § 64, 6-13-17; Ord. No. 2024-20, § 2(Exh. A), 12-17-24)

Sec. 21-423. Middle Housing.

A.   Purpose and Applicability. Establish regulations that allow for the development of Middle Housing within Single-Family Residential districts as defined herein.
B.   Definitions. Terms used in the Middle Housing Section shall have the following definitions and are only applicable to this section unless otherwise stated:
Central Business District means the area identified in Exhibit A "Central Business District Boundary" of Resolution No. 2020-70, or as subsequently amended.
Duplex means two (2) dwelling units on the same parcel or lot in attached, detached, or semi-detached arrangements that are designed for residential occupancy.
Fourplex means four (4) dwelling units on the same parcel or lot in attached, detached, or semi-detached arrangements that are designed for residential occupancy.
Middle Housing means:
1.   Buildings that are compatible in scale, form, and character with single-family dwellings that contain two (2) or more attached, detached, stacked, or clustered dwellings.
2.   Duplexes, Triplexes, Fourplexes, and Townhomes.
Townhomes means dwelling units that are constructed in a row of two (2) or more attached units in which each dwelling unit shares at least one common wall with an adjacent unit and that are accessed by separate outdoor entrances.
Triplex means three (3) dwelling units on the same parcel or lot in attached, detached, or semi-detached arrangements that are designed for residential occupancy.
C.   Eligibility.
1.   Subject to the requirements of the Middle Housing Section, Middle Housing is allowed as a Principally Permitted Use on:
a.   All lots zoned Suburban Ranch and Single Family Residential where the entire parcel is located within one mile of the designated Central Business District, excluding areas zoned Planned Area Development (PAD) and Planned Community District (PCD).
b.   At least twenty (20) percent of the gross area of a new development of more than ten (10) contiguous acres zoned Suburban Ranch or Single-Family Residential.
2.   The following areas are expressly excluded from Section 21-423:
a.   Areas that are not served by water and sewer services; and
b.   Areas that lack sufficient urban services; for the purpose of this section, lacking sufficient urban services shall mean areas that do not have refuse service and electric utility service.
c.   Any land within the vicinity of a Public Airport or Military Airport as defined in A.R.S. Title 28, Chapter 25 - Aviation.
D.   Application. A property owner seeking to develop Middle Housing pursuant to Section 21-423 shall provide evidence of the following:
1.   That the proposed Middle Housing is eligible as a permitted use in accordance with this section; and
2.   Adequate existing public sewer and water service, and the ability to serve the proposed development; and
3.   Sufficient urban services are in place for the proposed development.
E.   Process. The development shall follow all applicable processes for single family residential dwellings.
F.   Property Development Standards. The development shall comply with the single-family residential dwelling development standards for the relevant district.
(Ord. No. 2025-29, § 2, 11-18-25)

Sec. 21-424. Multi-Family Residential (RM-1).

This district is intended to fulfill the need for multi-family residences or attached single-family residences which are compatible with abutting single-family residential districts. Certain essential and complimentary uses are permitted under conditions and standards which assure protection of the character of the district.
(Ord. No. 02-83, 9-23-02; Ord. No. 2017-33, § 66, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-425. Permitted Principal Uses.

A.   Attached Single-family dwellings.
B.   Two-family dwellings.
C.   Multi-family dwellings.
D.   Group Homes, in accordance with provision of Section 21-330 provided that the residence is a pre-existing single family detached dwelling or attached dwelling.
E.   Public/charter schools and private schools provided that the facilities have direct vehicular access to an arterial or collector street. Facilities for repair or storage of vehicles and equipment shall be prohibited.
F.   Religious Institutions such as churches, synagogues, temples, chapels, or mosque, subject to review and approval of vehicular access by the City Engineer.
G.   Public utility buildings, uses, structures, equipment and storm water retention areas; provided that repair or storage facilities in connection therewith are expressly prohibited.
(Ord. No. 99-89, 7-20-99; Ord. No. 02-85, 10-3-02; Ord. No. 04-207, 11-16-04; Ord. No. 2017-33, § 67, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-426. Permitted Conditional Uses.

The following uses may be permitted subject to Conditional Use Permit approval by the Planning and Zoning Commission.
A.   Bed and Breakfast Inn, Subject to the following:
1.   Maximum building height shall be thirty feet (30') or two (2) stories, whichever is greater.
2.   Paved areas shall be reduced to the smallest area commensurate with efficient operation and function of the site. All unpaved areas shall be maintained in lawns or landscaping.
3.   Short-term lodging, for the purposes of a Bed and Breakfast Inn, shall be for a period not exceeding fourteen (14) consecutive days within one calendar year.
4.   Meals shall be restricted to registered guests.
B.   Colleges or university facilities, such facilities shall have direct vehicular access to an arterial or collector street. Facilities for the repair or storage of vehicles and equipment shall be prohibited.
C.   Day Care Group Homes with five (5) or more children, in accordance with Section 21-330, provided that the residence is a single-family detached dwelling, and upon a finding by the Planning and Zoning Commission that such home will be operated in a manner that is compatible with, and not detrimental to, adjacent properties or the neighborhood in general.
D.   Group Care Facilities or Community Residential Setting Facility in accordance with Section 21-330.
E.   Hospitals, or similar health care facilities, provided access to the site shall be determined by a Traffic Impact Analysis (TIA) approved by the City Engineering Department and that the site contains a net land area totaling at least four (4) acres for the first one hundred beds or less, plus one additional acre for each additional twenty-five beds.
F.   Nursing or convalescent home provided that all vehicular access is from an abutting arterial or non-residential collector street, and that the site contains a net land area of at least one (1000) thousand square feet per dwelling unit.
G.   Preschool centers or day care centers in accordance with State Department of Health Care Services regulations.
H.   Rooming house provided that the site contains a net land area of at least five hundred (500) square feet per resident.
I.   Reception Center provided that all outdoor events between the hours of 10:00 p.m. and 12:00 a.m. have obtained a temporary use permit.
(Ord. No. 97-41, 8-4-97; Ord. No. 99-101, 10-5-99; Ord. No. 02-85, 10-3-02; Ord. No. 05-36, 7-6-05; Ord. No. 05-58A, 12-13-05; Ord. No. 2017-33, § 68, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-427. Permitted Accessory Uses.

A.   Any accessory building, structure and use customarily incidental to a permitted use.
B.   Day care for four (4) or less children.
C.   Storage or parking of recreational vehicles and utility trailers, in accordance with Chapter 14 Motor Vehicles and Traffic of the Peoria City Code.
D.   Animals per Chapter 16 of the Peoria City Code. except for keeping of fowl. which shall be permitted pursuant to ARS § 9-462.10.
(Ord. No. 93-25, 5-25-93; Ord. No. 98-18, 3-17-98; Ord. No. 2017-33, § 69, 6-13-17; Ord. No. 2024-20, § 2(Exh. A), 12-17-24)

Sec. 21-428. General Regulations.

A.   All multi-family residential developments in the RM-1 Districts are subject to site plan approval as set forth in the provisions of this Ordinance. All design standards, including on-site parking, traffic circulation, and landscaping, shall be in accordance with the City of Peoria Community Design Guidelines and the Peoria Zoning Ordinance.
B.   All off-site improvements shall be the responsibility of the developer and shall be accomplished in the same manner as is specified and required in the subdivision regulations of the City of Peoria, Chapter 24 of this Code.
(Ord. No. 2017-33, § 70, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-429. Development Standards.

A.   Development Standard for Permitted Residential Uses shall be as follows:
DEVELOPMENT STANDARDS
ATTACHED SINGLE-FAMILY BUILDINGS
TWO, THREE, FOUR-FAMILY AND MULTI-FAMILY BUILDINGS
MULTI-FAMILY BUILDINGS (FIVE-FAMILY DWELLING & ABOVE)
DEVELOPMENT STANDARDS
ATTACHED SINGLE-FAMILY BUILDINGS
TWO, THREE, FOUR-FAMILY AND MULTI-FAMILY BUILDINGS
MULTI-FAMILY BUILDINGS (FIVE-FAMILY DWELLING & ABOVE)
Maximum Lot Coverage by all structures (%)
60
50
50
Minimum Lot Width (FT)
30
N/R
N/R
Maximum Density (du/ac - as calculated by Peoria General Plan)
8
12
18 °
Maximum Principal Building Height (FT)
30
30
48 Δ
MINIMUM BUILDING SETBACKS (FT)
Front Setback
10
20
20
Rear Setback
15
15
15
Side Setback
5 ΔΔ
20 ΔΔ
20 ΔΔ
Corner Side (ΔΔΔ)
10
15
15
 
   Notes
   N/R No minimum requirement
    Maximum density may be increased up to two (2) additional units per acre based on finding that the project incorporates additional amount of open space, recreational amenities, enhanced landscaping, enhanced project amenities, and/or pedestrian corridors.
   ° Maximum density may be increased up to seven (7) additional units per acre based on a finding that the project incorporates additional amounts of open space, recreational amenities, enhanced landscaping, enhanced project amenities, and/or pedestrian corridors.
   Δ Building Height: Maximum thirty (30) feet high within thirty (30) feet of any Single-Family Residential District. The height may be increased by one (1) foot per each three (3) feet of additional setback to a maximum of 48-feet.
   ΔΔ For condominium and attached housing types, only building separation applies. No minimum building separation is required along common wall.
   ΔΔΔ If a tract of land is present between the right-of-way and the side property line for landscaping or other purposes. the tract shall not be considered a corner yard for setback purposes.
B.   Development Standards for Non-Residential Uses shall be as follows:
DEVELOPMENT STANDARDS
NON-RESIDENTIAL BUILDINGS
DEVELOPMENT STANDARDS
NON-RESIDENTIAL BUILDINGS
Maximum Lot Coverage (%)
50
Maximum Principal Building Height (FT)
48
SETBACKS (feet)
Front (street line)
40
Rear
25
Side
25
Corner Side (from edge of pavement)
10
Note
    Provided that the minimum required side and rear setbacks shall be increased by three additional feet (3') for each one (1) foot by which the height of the structure exceeds thirty feet (30').
 
C.   Development Standards for Accessory uses shall be as follows:
1.   Accessory building development standards for Attached Single-Family shall conform to the regulations set forth in Section 21-315.
2.   All other residential uses shall conform to the following:
 
DEVELOPMENT STANDARDS
TWO, THREE, FOUR-FAMILY DWELLING AND MULTI-FAMILY
NON-RESIDENTIAL
Maximum Building Height (FT)
20
20
MINIMUM BUILDING SETBACKS (FT)
Front
10
20
Rear
5
10
Side
8
10
Note
    Thirty feet (30') maximum height for Clubhouse
 
(Ord. No. 04-23, 5-20-04; Ord. No. 07-22, 7-10-07; Ord. No. 2017-33, § 71, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-430. Special Regulations.

The intent of this Section is to provide for the registration and vesting of the detached single- family dwelling use which existed within the RM-1 zoning district prior to April 1, 1993. This Section is also intended to provide that properties not registered and vested in accordance with this Section shall be subject to all the provisions of Chapter 14 of the Peoria City Code (1977) as amended and effective after April, 1993.
A.   Notwithstanding any other provisions contained within this Section all undeveloped and unsubdivided parcels of property within the City containing an RM-1 zoning or Planned Unit Development (P.U.D.) zoning with RM-1 zoning designation prior April 1, 1993 shall be governed by the provisions of this Section, in addition to all other applicable provisions of the City Code (1992) and Chapter 14 of the Peoria City Code (1977 Edition).
B.   On or before October 4, 1996, any undeveloped and unsubdivided property having an RM-1 zoning or P.U.D. zoning with RM-1 zoning designation prior to April 1, 1993 may register and vest the use of detached single-family dwelling by complying with all of the provisions contained in this Section. Compliance with the registration and vesting requirements of this Section shall result in the continuation of the principal permitted use status of detached single- family dwelling that existed prior to April 1, 1993. 
C.   In order to register the principal permitted use status of detached single-family dwelling on undeveloped and unsubdivided property having an RM-1 zoning or P.U.D. zoning with RM-1 zoning designation, the following requirement must be met:
1.   Submission of a complete Preliminary Plat application prior to October 6, 1995. Submission of a complete Preliminary Plat application shall constitute registration of the subject property.
D.   In order to vest the principal permitted use status of detached single-family dwelling on undeveloped and unsubdivided property having an RM-1 zoning or P.U.D. zoning with RM-1 zoning designation and registered as provided in Section 21-430, all of the following requirements shall be met prior to October 4, 1996:
1.   Approval of the Preliminary Plat for the subject property.
2.   Approval and recordation of the Final Plat for the subject property.
3.   Completion and acceptance by the City of all off-site improvements required under the Final Plat.
4.   Application and issuance of a building permit for one or more detached single-family dwelling(s) within the subject property.
E.   All detached single-family dwelling uses vested and developed between April 1, 1993 and October 4, 1996 shall comply with all of the following standards:
1.   Minimum lot size of four thousand five hundred (4,500) square feet.
2.   Minimum front setback of twenty (20) feet.
3.   Minimum side yard setback of five (5) feet, with at least one side yard being a minimum of eight (8) feet.
4.   Minimum rear setback of fifteen (15) feet.
5.   Maximum lot coverage not to exceed forty-five percent (45%).
6.   Minimum front lot footage of forty-five (45) feet.
7.   Maximum building height of twenty-five (25) feet.
8.   The building setback of a principal building for a corner side yard shall be ten (10) feet.
F.   All detached single-family dwelling uses vested and developed prior to April 1, 1993 shall comply with all of the following standards:
1.   Minimum lot size of four thousand (4,000) square feet.
2.   Minimum front setback of fifteen (15) feet.
3.   Minimum side yard setback of three (3) feet.
4.   Minimum rear setback of fifteen (15) feet.
5.   Maximum lot coverage not to exceed fifty percent (50%).
6.   Minimum lot width of forty (40) feet.
7.   The setback between buildings shall be ten (10) feet.
G.   Failure by the owner of any parcel having an RM-1 zoning or P.U.D. zoning with RM-1 zoning designation prior to April 1, 1993, to comply with the provisions of this Section by registration of the property by October 6, 1995, and vesting by October 4, 1996 of the detached single-family dwelling use and compliance with all the requirements of this Section shall be deemed to subject the owners of such parcels to all the requirements of Chapter 14 of the Peoria City Code (1977 Edition) as amended and effective on April 1, 1993.
H.   Within a master planned community, which is defined as a community consisting of not less than two hundred (200) acres and which is being developed by a single developer or its successors in interest and which is characterized by the existence of enhanced recreational facilities such as lakes or golf courses which are funded by the assessments against individual residents within the master planned community, those parcels within a master planned community meeting this definition and having an RM-1 zoning designation prior to April 1, 1993 shall be deemed having vested the principal permitted use status of detached single-family dwelling that existed prior to April 1, 1993.
(Ord. No. 95-30, 5-23-95; Ord. No. 05-36, 7-6-05; Ord. No. 05-58A, 12-13-05; Ord. No. 2017-33, § 72, 6-13-17)

Sec. 21-431. Mobile Home Subdivision District (RMH-1).

   This district comprises areas suitable for placement and occupancy of mobile homes for residential purposes on individually owned lots in mobile home subdivisions. Regulations are designed to stabilize and protect the residential character of the district and to promote compatibility with adjacent districts.
(Ord. No. 2017-33, § 73, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-432. Permitted Principal Uses.

A.   One mobile home per lot.
B.   Churches, synagogues, temples, chapels, or similar places of worship, and related facilities, subject to review and approval of vehicular access by the City Engineer.
(Ord. No. 01-166, 10-19-01; Ord. No. 2017-33, § 74, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12- 17-24)

Sec. 21-433. Permitted Conditional Uses.

A.   Any use permitted in any R1-8 single-family residential district, in accordance with all regulations pertaining hereto in such district.
B.   Recreational areas, facilities and buildings; offices; service buildings and yards, subject to approval by the Commission of the proposed site development plans; provided that the primary purpose of any such use is service to residents of the subdivision.
C.   Day Care Group Homes with five (5) or more children, in accordance with Section 21-330, and provided that the residence is a single-family detached dwelling.
(Ord. No. 02-85, 10-3-02; Ord. No. 2017-33, § 75, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17- 24)

Sec. 21-434. Permitted Accessory Uses.

A.   One attached carport, one attached cabana, ramada or covered patio, one detached storage room per mobile home, and day care for four (4) or less children.
B.   Storage or parking of recreational vehicles and utility trailers, in accordance with Chapter 14 Motor Vehicles and Traffic of Peoria City Code (1992).
(Ord. No. 2017-33, § 76, 6-13-17)

Sec. 21-435. Property Development Standards for Mobile Home Subdivisions.

A.   Minimum Lot Size. Seven thousand (7,000) square feet.
B.   Minimum Lot Width. Sixty (60) feet.
C.   Minimum Setback of any Building or Mobile Home from District Boundary Line or Street Abutting the Subdivision. Twenty-five (25) feet.
D.   Minimum Front Setback from Interior Streets. Twenty (20) feet.
E.   Minimum Rear Yard. Thirty (30) feet.
F.   Minimum Side Yard. Four (4) feet least single side yard, thirteen (13) feet total side yards.
(Ord. No. 2017-33, § 77, 6-13-17)

Sec. 21-436. Property Development Standards for Accessory Buildings.

A.   Maximum Height. Fifteen (15) feet above grade.
B.   Accessory Buildings. Whether attached or detached, shall not be erected in any required front or side yard, except as otherwise provided in this Section.
C.   Corner Lot. On a corner lot adjoining a key lot and not separated there from by an alley, any detached accessory building shall be set back from the rear lot line a distance not less than the width of the least required side yard applicable to the principal building. On a corner lot having its rear lot line abutting an alley line, detached accessory buildings shall be set back from the rear lot line not less than three (3) feet.
(Ord. No. 2017-33, § 78, 6-13-17)

Sec. 21-437. General Regulations.

A.   Rezoning procedure. Requests for rezoning to RMH-1 mobile home subdivision district shall be accompanied by application for preliminary plat approval prepared in accordance with this Section and Chapter 24 Subdivision. Approval of rezoning to RMH-l shall be contingent on approval of the proposed preliminary plat; provided further that such rezoning shall become null and void and revert to the original zoning in the event preliminary plat approval expires prior to filing of a final plat.
B.   No accessory building on a mobile home lot shall be used for sleeping or living purposes.
C.   Expandable sections of mobile homes shall be considered as part of the mobile home proper.
D.   Every mobile home shall be permanently connected to electric power, water supply, sewage disposal, gas and telephone service lines in compliance with applicable City Codes, and all utility distribution and service lines shall be installed underground.
(Ord. No. 03-06, 3-13-03; Ord. No. 2017-33, § 79, 6-13-17)

Sec. 21-438. Recreational Vehicle Resort District (RMH-2).

   This district provides for the development of areas designed and intended for use and temporary occupancy as recreational vehicle resorts as defined herein. Regulations are designed to protect and enhance the public health, safety, welfare and the environment by requiring adequate utilities and facilities and proper development standards to ensure the quality of uses within the district, and to promote compatibility with adjacent districts.
(Ord. No. 88-16, 3-8-88; Ord. No. 2017-33, § 80, 6-13-17; Ord. No. 2024-19, § 2(Exh. A), 12-17-24)

Sec. 21-439. Definitions.

Carport. An attached structure with one or more open sides.
Covered Patio. An attached covered use area with one or more open sides used for casual living and supplied only with normal lawn furniture and equipment.
Temporary Utility Storage Room. A storage building not exceeding one hundred and twenty (120) square feet in area, anchored to the ground or a concrete slab, park model carport or patio. No storage room shall be used for sleeping or living purposes.
Raised Deck or Porch. A wooden platform raised above the ground to a level at or below the floor level of the park model or other recreational vehicle, attached or unattached thereto and enclosed only by a railing.
Enclosed Patio Room. An all-weather structure attached or unattached to a recreational vehicle or park model, enclosed by doors, screening, and/or openable widows, used for incidental living purposes, but not including bath, laundry or kitchen facilities.
Landscaping. Permanent or semi-permanent organic or inorganic materials designed to enhance the appearance and livability of the site.
Recreational Vehicle Resort. A development designed and intended for the placement and occupancy of recreational vehicles on a temporary or semi-permanent basis, along with the amenities and support facilities necessary and desirable for the operation and maintenance of the facility.
Recreational Vehicle. A camper, travel trailer, motor home or park model as the same are further defined herein.
Camper. A model living unit designed to be mounted upon or conveyed by another vehicle.
Travel Trailer. A mobile living unit not exceeding eight (8) feet in width and thirty-three (33) feet in length designed to be towed behind another and separate vehicle.
Motor Home. A self-propelled mobile living unit.
Park Model. A commercially manufactured living unit not exceeding four hundred (400) square feet in area, capable of being moved on its own wheels and placed on a site in a recreational vehicle resort in a semi-permanent manner.
(Ord. No. 2017-33, § 81, 6-13-17)

Sec. 21-440. Permitted Principal Uses.

A.   One recreational vehicle or park model per site.
B.   Recreational vehicle resort subject to Maricopa County Health Department Regulations and to Development Standards set forth herein.
(Ord. No. 2017-33, § 82, 6-13-17)

Sec. 21-441. Permitted Conditional Uses.

A.   Recreation areas and facilities, laundries, rest rooms, administrative offices, service buildings and storage yards, subject to the approval of the Commission or proposed site development plans, provided that the only purpose of any such use is service to residents and guests of the resort.
B.   The recreational vehicle resort developer may apply for approval of the recreational vehicle resort in compliance with all State regulations and file and record a recreational vehicle resort plat containing individual report vehicle sites and common recreational use sites and areas. The developer must obtain prior City approval of declaration of covenants, conditions and restrictions or common scheme rules and regulations.
(Ord. No. 2017-33, § 83, 6-13-17)

Sec. 21-442. Permitted Accessory Uses.

A.   One carport, one covered patio, one temporary utility storage room.
B.   One raised deck or porch.
C.   One enclosed patio room.
D.   Landscaping.
(Ord. No. 2017-33, § 84, 6-13-17)

Sec. 21-443. Development Standards.

A.   Minimum Area. Ten (10) acres undivided by a public street except as provided in Section 21-440 of this Ordinance and based on full acre including street easements.
B.   Minimum Area Per Recreational Vehicle Site. One thousand seven hundred and fifty (1,750) square feet.
C.   Minimum Recreational Vehicle Site Width. Thirty-five (35) feet.
D.   Minimum Recreational Vehicle Site Depth. Fifty (50) feet.
E.   Minimum Setback for Recreational Vehicle Park. Fifteen (15) feet from any public street.
F.   Minimum Setback for Private Access Streets. Thirty-two (32) feet measured between curb faces.
G.   Maximum Building Height. Two stories or twenty-five (25) feet, whichever is less.
H.   Recreation and Open Space Area. Ten percent (10%) of area less private streets shall be devoted to recreation and open space.
I.   Recreational Vehicle Storage Area. Fifty (50) square feet of area for each recreational vehicle site shall be provided for the storage of recreational vehicles not in use, boats, utility trailers and the like. Such area shall be within the resorts.
(Ord. No. 2017-33, § 85, 6-13-17)

Sec. 21-444. Use of Recreational Vehicle Sites.

A.   No recreational vehicle or accessory structure shall be placed over any existing utility easements.
B.   Minimum setbacks for recreational vehicles and accessory structures:
1.   Four (4) feet from any private access street.
2.   Ten (10) feet from any adjacent district boundary or property line.
3.   Fifteen (15) feet from any public street.
4.   Three (3) feet from the side line of the site.
5.   Five (5) feet from the rear line of the site.
6.   Fifteen (15) feet between recreational vehicles or park models on adjacent sites.
C.   On-site parking shall be provided for one vehicle in addition to the recreational vehicle.
(Ord. No. 2017-33, § 86, 6-13-17)

Sec. 21-445. Occupancy.

A.   Development plans for the recreational vehicle resort shall be submitted to the Commission for its review and recommendation and shall require approval of the City Council prior to the issuance of building permits.
B.   No recreational vehicle shall be occupied within the recreational vehicle resort except in compliance with the terms of this Section and the required permits and approvals of the City of Peoria, the County of Maricopa and the State of Arizona.
(Ord. No. 2017-33, § 87, 6-13-17)

Sec. 21-446. General Regulations.

A.   All direct vehicular access shall be from abutting arterial streets.
B.   Original development of each space within a proposed park shall be valued at One Thousand Dollars per space. A building permit is required for said space development. Permits must be obtained for additions, alterations, canopies, carports, storage and detached refrigeration units. Fees for which are set by the Uniform Building Code (Section 8-1) and Uniform Mechanical Code (Section 9-4).
C.   It shall be unlawful for any person, firm, corporation or agency to turn on or allow to be turned on any gas or electric service without an inspection and clearance from the Department of Building Safety, City of Peoria.
D.   It shall be the responsibility of the park owners or managers of rental parks to see that all sections of this Section are complied with, including requirements relative to required permits.
(Ord. No. 2017-33, § 88, 6-13-17)

Sec. 21-450. Optional Redevelopment of Qualified Obsolete Commercial Buildings.

A.   Purpose and Applicability. Sections 21-450 through 21-452, referred herein as "Adaptive Reuse Section," describes application requirements, review procedures, and approval criteria utilized by the Zoning Administrator when reviewing an application for a "Multi-Family Residential Development Adaptive Reuse" of qualified obsolete commercial buildings pursuant to A.R.S. § 9-462.10. The regulations in this Section are in addition to other codes and requirements of the City of Peoria.
B.   Definitions. Terms used in this Section shall have the following definitions:
Adaptive reuse has the definition found in A.R.S. § 9-462.10(H)(1), as it may be amended.
Building code has the definition found in A.R.S. § 9-462.10(H)(2), as it may be amended.
Economically or functionally obsolete has the definition found in A.R.S. § 9-462.10(H)(3). as it may be amended, and as further defined below:
•   A state of disrepair shall mean the decline of the general condition or appearance of the building or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or any other evidence of physical decay, neglect, or lack of maintenance.
•   Vacancy shall mean the total leasable floor area of the building is vacant for a period of no less than twenty-four (24) consecutive months. For purposes of this section, rental payments, lease payments and taxes shall not be considered as a continued use.
Low-income housing has the definition found in A.R.S. § 9-462.10(H)(4), as it may be amended.
Moderate-income housing has the definition found in A.R.S. § 9-462.10(H)(5), as it may be amended.
Multi-Family Residential Development has the definition found in A.R.S. § 9-462.10(H)(6), as it may be amended.
Nonconforming has the definition found in A.R.S. § 9-462.10(H)(7), as it may be amended.
A Qualified Obsolete Commercial Building is a building which is:
•   Located on a parcel or parcels that are zoned for and/or that allows the building to be used for commercial, office, or mixed use; and
•   Economically or functionally obsolete; and
•   Located on a parcel or parcels at least one (1) acre but not more than twenty (20) acres; and
•   Not located in any of the following areas:
o   An area designated as a district of historical significance pursuant to A.R.S. § 9-462.01(a)(10);
o   A site or building with Historic Preservation Overlay Zoning pursuant to Section 21-625;
o   A site or building listed on the National Register of Historic Places;
o   Land in the territory in the vicinity of a military airport or ancillary military facility as defined in A.R.S. § 28-8461; or
o   Land in the territory in the vicinity of a federal aviation administration commercially licensed airport or a general aviation or public airport as defined in A.R.S. § 28-8486.
Rooftop appurtenances has the definition found in A.R.S. § 9-462.10(H)(8), as it may be amended.
(Ord. No. 2024-21, § 2(Exh. A), 12-17-24)

Sec. 21-451. Obsolete Commercial Building Redevelopment.

A.   Application. An owner seeking "multi-family residential development adaptive reuse" of a qualified obsolete commercial building shall submit an application that includes all of the following:
1.   A site plan application in conformance with Section 21-156 ("Site Plan").
2.   Evidence of Site Plan Review and approval by any utility provider impacted by the proposed development.
3.   Evidence of adequate existing public sewer and water service for the entire proposed development.
4.   Compliance with all applicable building and fire codes.
5.   Evidence demonstrating that the existing building that is the subject of the application is economically or functionally obsolete; and
6.   Evidence that the existing building that is the subject of the application is located on a parcel or parcels of at least one acre but not more than twenty acres.
7.   Documentation satisfactory to the City of Peoria that the redevelopment will include a set aside of at least 10% of the total dwelling units for either "moderate-income housing" or "low-income housing" or any combination of the two, for at least twenty years after the initial occupation of the proposed development.
B.   Development Standards and Requirements. "Multi-Family Residential Development Adaptive Reuse" of a qualified obsolete commercial building shall comply with the following standards and requirements:
1.   Parking.
a.   The development shall comply with parking space requirements applicable to multi-family residential units pursuant to Section 21-903 ("Parking Requirements").
b.   Mixed-Use Development. If the development is a mixed-use development, parking consisting of the sum of the required parking for each individual use or through a qualified Parking Study shall be provided, in accordance with Section 21-903 ("Parking Requirements").
2.   Demolition Permit. A permit shall be obtained for the demolition of any existing building or portion of a building.
3.   Setbacks. Setback requirements for the redevelopment shall be the lesser of the existing setbacks for multifamily residential buildings pursuant to Section 21-429 ("RM-1 Development Standards") or the existing zoning district in place at the time of redevelopment.
4.   Height and Density. Multi-Family Residential Development Adaptive Reuse shall not exceed:
a.   Two (2) stories or thirty (30) feet in height, on a site within one hundred (100) feet of a single-family residential zoning district.
b.   In areas not within one hundred (100) feet of a single-family residential district, the lesser of:
i.   Five stories or sixty (60) feet in height; or
ii.   The highest allowable height and density for a multi-family residential zoning district in the City of Peoria located within one mile of the building to be redeveloped; or
iii.   If there is no multi-family residential zoning district in the City of Peoria within one mile of the building to be redeveloped, the City shall apply the maximum height and density of the multi-family residential zoning district located in the City of Peoria that is located closest to the building to be redeveloped.
c.   For the purpose of this section, applicable single-family residential districts or multi-family residential districts, shall be those districts specified in Section 21-156.A ("Residential Districts") or designated for single-family residential or multi-family residential through an existing Planned Area Development (PAD) or Planned Community District (PCD).
5.   Height Exemption. If the maximum allowable height applicable to the existing commercial, office, or mixed-use building exceeds the maximum allowable height for the proposed multi-family residential development adaptive reuse, the existing height shall prevail and be considered nonconforming for height purposes, and the existing building may be expanded to the maximum allowable density for the proposed use. Any rooftop appurtenances shall be included within the height exemption.
(Ord. No. 2024-21, § 2(Exh. A), 12-17-24)

Sec. 21-452. Multi-Family Residential Development Adaptive Reuse Cap and Tracking.

A.   Cap. Not more than 10% of the total estimated number of eligible existing commercial, office, or mixed-use buildings are redeveloped for multifamily residential adaptive reuse under this section.
B.   Tracking. The City shall keep track of the number of buildings redeveloped under this Section, and shall stop accepting applications when the total number of the following equals the cap established in paragraph A above:
1.   The number of buildings redeveloped for multi-family residential development adaptive reuse under this Section; plus
2.   The number of buildings with approved building permits for redevelopment under this Section but not yet completed; plus
3.   The number of buildings with pending applications for redevelopment under this Section but not yet permitted.
(Ord. No. 2024-21, § 2(Exh. A), 12-17-24)