Phoenix City Zoning Code
CHAPTER 6
Zoning Districts
For the purpose of this ordinance, the City of Phoenix is hereby divided into use districts as follows: Residential RE-35, one-family residence; Residential R1-18 District, one-family residence; Residential R1-10 District, single and multi-family residence; Residential R1-8 District, single and multi-family residence; Residential R1-6 District, single and multi-family residence; Residential R-2 District, multi-family residence limited; Residential R-3 District, multi-family residence restricted; Residential R-3A District, multi-family residence limited; Residential R-4 District, multi-family residence limited; Residential R-5 District, multi-family residence, general; Commercial Office C-O District, restricted, commercial; Residential Infill R-I District, multi-family residential; High-Rise H-R District and High-Rise H-R1 District, high-rise and high density district; High-Rise Incentive District—High-Rise and Mixed Use District; Mid-Rise District; Suburban S-1 District, ranch or farm residence; Suburban S-2 District, ranch or farm commercial; Planned Shopping Center (PSC) District; Regional Shopping Center (RSC) District; Commercial C-1 District, neighborhood commercial district; Commercial C-2 District, intermediate commercial district; Commercial C-3 District, general commercial district; Commerce Park (CP) District, A-1 Light Industrial District; A-2 Industrial District; Parking P-1 District, planned passenger vehicle accessory parking district; Parking P-2 District, planned passenger vehicle parking district; Planned Community (PC) District; Resort Hotel (RH) District; Special Conservation (SC) District, and Historic Preservation (HP) District.
1Editor’s note—Ord. No. G-5599, (TA-4-11), § 1, adopted March 23, 2011, effective April 22, 2011, amended portions of the Zoning Ordinance of the City of Phoenix, Arizona, to reflect the consolidation of the Planning Department with the Development Services Department and change all references to the department name to Planning and Development Department.
2Editor’s note—Ord. No. G-4596, § 1, adopted April 14, 2004, effective May 14, 2004, renumbered the Four Corners Overlay District from Section 656 to Section 660. The purpose of this renumbering was an error that occurred in the adoption of Ord. No. G-4493 (TA# 18-00-8) adopted February 12, 2003, which numbered the Four Corners Overlay District as Section 656. There was an already existing Section 656, The Central City South Interim Overlay District, which shall remain as numbered.
Section 600. General Provisions.
A. The zoning districts, regulations, and the uses that are permitted in each zoning district as permitted uses are hereby established. Any use that is not specifically permitted or analogous to those specifically permitted is hereby declared to be a prohibited use and unlawful. A permitted use that is not permitted in any district shall not be considered an accessory use in that district.
Section 603. Suburban S-1 District—Ranch or Farm Residence.
The S-1, Ranch or Farm Residence District, is a district designed to provide for very low density farm or residential uses to protect and preserve low density areas in their present or desired character. It is intended that the S-1 district will afford areas where semi-rural residential and agricultural uses can be maintained without impairment from industrial, commercial or higher density residential development.
A. Permitted uses.
1. Dwelling Units. Each lot may have the following:
a. One primary dwelling unit;
b. Two accessory dwelling units; and
c. For each additional ten acres provided above the minimum lot size, one additional accessory dwelling unit for use by on-site laborers may be provided.
d. In addition to the above, one additional accessory dwelling unit (ADU) may be permitted only when at least one ADU qualifies as affordable housing.
2. Adult day care home; provided, that:
a. Care is provided for no more than four adult persons, not including staff.
b. Care is provided for five to ten adult persons, not including staff, and subject to a use permit.
c. Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
3. Community residence home; provided, that:
a. The home has no more than five residents, not including staff (unless permitted by Section 36-582(A), Arizona Revised Statutes); or
b. For a home with six to ten residents, not including staff, the following conditions shall apply:
(1) Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee as to compliance with the standards of this section as provided in Section 701.
(2) No community residence home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another community residence home that has been registered with six to ten residents.
(3) Disability accommodation from the spacing requirement may be requested by an applicant per Section 701.E.3.
4. Raising and harvesting of field, tree or bush crops, including flowers.
5. Facilities and storage incidental to a construction project and located on the project site. When such facilities or storage are used for construction on a lot or lots other than the lot or lots used for such facilities or storage, such use shall maintain the setbacks provided by the requirements of Section 603.B.2 below, and shall be subject to securing a use permit. When such facilities and storage serve a residential subdivision, are approved in conjunction with model homes by the Planning and Development Department, and meet all of the standards listed below, no use permit is required:
a. The facilities shall not be placed on a lot which abuts, joins at the corners, or is across a street or alley from a dwelling unit which is under construction or occupied at the time of said placement, unless written agreement to the placement is given by the owner or occupant of the affected property.
b. All outside storage shall be screened by a six-foot-high solid fence or masonry wall. No construction vehicles or machinery shall be placed within ten feet of the screen fence or wall.
c. All signs on the facility shall fully comply with Section 705 of this ordinance, the Sign Code.
d. All facilities and storage shall be removed within three months of the closure of the model homes.
6. Publicly owned or operated buildings or properties. Publicly owned or operated parks, playgrounds and other recreational uses.
7. Public utility buildings and facilities when necessary for serving the surrounding territory, provided that no public business offices and no repair or storage facilities are maintained therein.
8. Schools, as defined in Section 202, and Agricultural schools.
9. Churches or similar places of worship, including parish houses, parsonages, rectories, and convents, and dormitories with no more than ten residents accessory thereto, except temporary tents or buildings. Athletic activities in conjunction with the above and on the same lot or contiguous lots may be permitted. See Public Assembly Residential.
Fundraising events located on the same or contiguous lots shall be permitted, subject to the following requirements:
a. The sponsoring, organizing, and benefiting entities shall be nonprofit or religious organizations, and the event shall be in compliance with any applicable provisions of Chapter 30, Solicitations [sic], of the Phoenix City Code.
b. Events held entirely within a building or buildings shall not be further regulated; however, events to be conducted wholly or in part outdoors shall be subject to the following additional conditions:
(1) Any outdoor portion of the event shall be located a minimum of 50 feet from a property line adjacent to a residential zoning district and a residential use.
(2) The event shall not be conducted between the hours of 10:00 p.m. and 8:00 a.m.
(3) The event shall not be conducted in such a manner as to reduce the number of parking spaces required for any normal functions of the primary use which are held during the event.
(4) Lighting shall be so placed as to reflect the light away from adjacent residences.
10. Subject to a use permit, sales stands for the sale of farm or ranch products produced on the premises or items similar to these products or related to the sale of these products.
11. Aviaries.
12. The following additional uses, when accessory to the residential use of land or structures by residents, shall be permitted:
a. Recreational facilities, for which all necessary construction and other required permits have been obtained.
b. Parking of vehicles in facilities and locations on the property not otherwise in conflict with the provisions of this chapter.
c. Materials used in conjunction with a hobby, avocation or pastime, the use of which does not otherwise conflict with the provisions of this chapter.
d. Facilities for household pets, the maintenance of which is not otherwise prohibited by statute, regulation of the City Code of the City of Phoenix and which facilities are in compliance with all applicable ordinances of the City of Phoenix.
13. Group foster home.
14. Nondaily newspaper delivery service shall be permitted subject to the following limitations:
a. Delivered bulk materials related to nondaily publications shall be transferred to an enclosed building or secured area so that materials are not visible from the street or adjacent properties unless for preparation of materials for same day distribution. Preparation of materials for same day distribution may occur on or about adjacent public rights-of-way provided that materials do not remain in public view for longer than twenty-four hours.
b. Materials stored for periods greater than twenty-four hours shall be enclosed within a building or secured by a wall or fence of such material, construction, and height so as to conceal the materials located.
c. Activities relating to and/or accessory to the preparation of materials stored for periods greater than twenty-four hours shall occur within an enclosed building or an area secured by a wall or fence of such material, construction, and height so as to completely conceal the activities.
d. Such delivery shall be limited to two bulk deliveries in a seven-day period. More frequent deliveries shall require a use permit in accordance with the procedures of Section 307.
e. No traffic other than that required for the bulk delivery and pickup shall be allowed by outside employees. Any other business-related traffic shall require a use permit in accordance with the procedures of Section 307.
15. Environmental remediation facility, subject to the following conditions:
a. A use permit shall be obtained in accordance with Section 307 of this ordinance.
b. The aboveground area of land occupied by the environmental remediation facility shall not exceed the minimum number of square feet necessary to implement the remedial or corrective action.
c. All structures and devices constructed above ground level shall be shielded from the view of persons outside the property boundary by an opaque fence constructed of materials of similar composition and appearance to fences and structures on nearby property.
d. Outdoor equipment installed as part of the final environmental remediation facility shall not exceed a height of ten feet and shall be set back from the perimeter wall a minimum of three feet for every one foot of height over six feet.
e. After installation, no equipment or materials beyond that necessary to operate the facility shall be stored on the lot.
f. A perimeter landscaping plan shall be approved by the Planning and Development Department as necessary unless an applicable approved landscape plan already exists.
g. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. Noise, odor, or vibration shall not be emitted any time by the facility so that it exceeds the general level of noise, odor, or vibration emitted by uses outside the site. Such comparison shall be made at the boundary of the lot on which the treatment facility is located.
h. Neither the Zoning Administrator nor the Board of Adjustment shall have the jurisdiction to grant variances from these provisions.
i. The facility shall comply with all applicable provisions of the Fire Code.
(j) A permit issued under Section 307 shall include reasonable restrictions on the operation of the facility to mitigate any adverse impacts on nearby land, including but not limited to, restrictions on vehicular traffic and hours of operation of the facility.
(k) This section allows authorization of activities to undertake all on-site investigative, construction, and maintenance activities ancillary to the operation of the facility. All off-site discharges of any substance shall be separately authorized pursuant to applicable laws.
(l) The structures used for the facility shall not exceed a total area of five thousand square feet.
16. The display for sale of a vehicle, which for purposes of this provision includes trailers, watercraft or other types of transportation that are built to carry passengers or cargo shall be subject to the following restrictions:
a. No more than one [1] vehicle can be labeled for sale or show any indication that it is for sale at any given time on a property, whether visible on-site or through some other form of advertising.
b. No more than two [2] vehicles can be sold on a property during any calendar year.
c. For purposes of subsections a and b above, two [2] jet skis, a boat or similar types of recreational vehicles that are transported on one trailer shall, together with the trailer, be considered one vehicle.
d. The ownership of the vehicle[s] must be registered to the location where the vehicle is listed for sale.
e. No vehicle can be labeled for sale or show any indication that it is for sale at an unoccupied house or on a vacant lot or parcel.
f. No vehicle can be labeled for sale or show any indication that it is for sale in conjunction with a retail or wholesale vehicle sales dealership or business without obtaining a temporary use permit.
17. Non-profit medical marijuana cultivation facility, subject to the following conditions and limitations:
a. A use permit shall be obtained in accordance with standards and procedures of Section 307 of the Zoning Ordinance and the following:
(1) Shall be reviewed every 365 calendar days.
(2) Provide name(s) and location(s) of the offsite dispensary.
(3) Include a copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(b)(1)(c).
(4) A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below.
b. Retail sales of medical marijuana are prohibited.
c. Shall be located in a closed building and may not be located in a trailer, cargo container, motor vehicle or similar structure or motorized or non-motorized vehicle.
d. Shall not be located within 5,280 feet of the same type of use or a medical marijuana dispensary or infusion facility. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the nearest exterior wall or portion thereof of another medical marijuana dispensary, cultivation, or infusion facility.
e. Shall not be located within 1,000 feet of the following residentially zoned districts: RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, PAD-1 through PAD-15. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the zoning boundary line of the residentially zoned district.
f. All closed buildings used for the cultivation of medical marijuana shall be setback 1,000 feet from all property lines.
g. Shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park, public community center, dependent care facility, homeless shelter, or youth community center. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the property line of the protected use.
h. Shall not be located within 1,320 feet of a place of worship. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the property line of the place of worship.
i. There shall be no emission of dust, fumes, vapors or odors into the environment from the premises.
18. Public Assembly—Residential. A use permit shall be required for all public assembly—residential uses with vehicular access on local or minor collector streets.
B. Yard, Height and Area Requirements.
1. Each lot shall have a net area of not less than one acre.
2. Setback Requirements.
a. The minimum front setback is 40 feet.
b. The minimum side setback is 30 feet, except that ADUs are subject to the setback provisions of Section 706.A.
c. The minimum rear setback is 30 feet, except that ADUs are subject to the setback provisions of Section 706.A.
3. Sales stands and nonresidential accessory buildings shall not be located nearer than 50 feet from any side or rear property line and shall not be located nearer than 40 feet from the front property line.
4. Lot Coverage.
a. For lots two acres or less in net area, the permitted lot coverage is 20 percent, with an additional five percent permitted for accessory dwelling units and/or attached shade structures.
b. For lots greater than two acres in net area, the permitted lot coverage is ten percent, with an additional five percent permitted for accessory dwelling units and/or attached shade structures.
5. No building shall exceed a height of two stories, not to exceed 30 feet.
6. Accessory dwelling units are subject to the additional development regulations of Section 706.A.
Section 604. Suburban S-2 District—Ranch or Farm Commercial.
The S-2 Ranch or Farm Commercial District is a district designed to provide for agricultural commercial uses necessary to support a large urban community.
A. Permitted uses.
1. All uses allowed in the S-1 district.
2. Farms devoted to hatching, raising, breeding and marketing of chickens, turkeys or other fowl, rabbits, fur-bearing animals, or fish.
3. Feeder lots for horses, cattle, goats, and sheep; and dairy farm operations but not including retail sales of dairy products. All such feeder lots shall not be closer than five hundred feet to any property line and shall not be located closer than one-half mile to any residential district.
4. Veterinary offices and hospitals, kennels and animal training centers. Veterinary offices shall be so constructed and operated as to prevent objectionable noise and odor outside the walls of the office. There shall be no boarding or keeping of animals except for short periods of observation incidental to care. Veterinary hospitals shall be no closer than one hundred feet to any residential district or to any residence, hotel, motel or restaurant in any district and shall have adequate controls to prevent offensive noise and odor.
5. Public or private riding academies.
6. Private commercial fishing ponds.
7. No use shall be considered an accessory use which is listed as a permitted or accessory use in any of the following districts: C-1, C-2, C-3, A-1, A-2.
8. Nondaily newspaper delivery service shall be permitted subject to the following limitations:
a. Delivered bulk materials related to nondaily publications shall be transferred to an enclosed building or secured area so that materials are not visible from the street or adjacent properties unless for preparation of materials for same day distribution. Preparation of materials for same day distribution may occur on or about adjacent public rights-of-way provided that materials do not remain in public view for longer than twenty-four hours.
b. Materials stored for periods greater than twenty-four hours shall be enclosed within a building or secured by a wall or fence of such material, construction, and height so as to conceal the materials located.
c. Activities relating to and/or accessory to the preparation of materials stored for periods greater than twenty-four hours shall occur within an enclosed building or an area secured by a wall or fence of such material, construction, and height so as to completely conceal the activities.
d. Such delivery shall be limited to two bulk deliveries in a seven-day period. More frequent deliveries shall require a use permit in accordance with the procedures of Section 307.
e. No traffic other than that required for the bulk delivery and pickup shall be allowed by outside employees. Any other business-related traffic shall require a use permit in accordance with the procedures of Section 307.
9. Non-profit medical marijuana cultivation facility, subject to the following conditions and limitations:
a. A use permit shall be obtained in accordance with standards and procedures of Section 307 of the Zoning Ordinance and the following:
(1) Shall be reviewed every 365 calendar days.
(2) Provide name(s) and location(s) of the offsite dispensary.
(3) Include a copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(b)(1)(c).
(4) A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below.
b. Retail sales of medical marijuana are prohibited.
c. Shall be located in a closed building and may not be located in a trailer, cargo container, motor vehicle or similar structure or motorized or non-motorized vehicle.
d. Shall not be located within 5,280 feet of the same type of use or a medical marijuana dispensary or infusion facility. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the nearest exterior wall or portion thereof of another medical marijuana dispensary, cultivation, or infusion facility.
e. Shall not be located within 1,000 feet of the following residentially zoned districts: RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, PAD-1 through PAD-15. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the zoning boundary line of the residentially zoned district.
f. All closed buildings used for the cultivation of medical marijuana shall be setback 1,000 feet from all property lines.
g. Shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park, public community center, dependent care facility, homeless shelter, or youth community center. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the property line of the protected use.
h. Shall not be located within 1,320 feet of a place of worship. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the property line of the place of worship.
i. There shall be no emission of dust, fumes, vapors or odors into the environment from the premises.
B. Yard, height and area requirements.
1. Each lot shall have a net area of not less than three acres.
2. Setback Requirements.
a. The minimum front setback is 40 feet.
b. The minimum side setback is 30 feet, except that ADUs are subject to the setback provisions of Section 706.A.
c. The minimum rear setback is 30 feet, except that ADUs are subject to the setback provisions of Section 706.A.
3. Sales stands and nonresidential accessory buildings shall not be located nearer than 50 feet from any side or rear property line and shall not be located nearer than 40 feet from the front property line.
4. Lot Coverage. The permitted lot coverage is ten percent, with an additional five percent permitted for accessory dwelling units and/or attached shade structures.
5. No building shall exceed a height of two stories, not to exceed 30 feet.
6. Accessory dwelling units are subject to the additional development regulations of Section 706.A.
Section 605. Residential Estate RE-43 District—One-Family Residence.
The provisions of this section shall apply only to land zoned RE-43 prior to September 13, 1981.
The RE-43, One-Family Residence District, is a district of single-family homes designed to maintain, protect and preserve a character of development on lots with a minimum area of 43,560 square feet, and with not more than one dwelling unit and customary accessory buildings upon one lot.
A. Permitted uses.
1. Dwelling Units. Each lot may have the following:
a. One primary dwelling unit.
b. Two accessory dwelling units. A third ADU is permitted only when at least one ADU qualifies as affordable housing and the net lot size is a minimum of 43,560 square feet.
c. Model homes are permitted subject to the provisions of Section 608.E.19.
2. Adult day care home; provided, that:
a. Care is provided for no more than four adult persons, not including staff.
b. Care is provided for five to ten adult persons, not including staff, and subject to a use permit.
c. Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
3. Community residence home; provided, that:
a. The home has no more than five residents, not including staff (unless permitted by Section 36-582(A), Arizona Revised Statutes); or
b. For a home with six to ten residents, not including staff, the following conditions shall apply:
(1) Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee as to compliance with the standards of this section as provided in Section 701.
(2) No community residence home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another community residence home that has been registered with six to ten residents.
(3) Disability accommodation from the spacing requirement may be requested by an applicant per Section 701.E.3.
4. Facilities and storage incidental to a construction project and located on the project site. Where such facilities or storage are used for construction on a lot or lots other than the lot or lots used for such facilities or storage, such use shall maintain the setbacks provided by the requirements of Section 605.B and shall be subject to securing a use permit. When such facilities and storage serve a residential subdivision, are approved in conjunction with model homes by the Planning and Development Department, and meet all of the standards listed below, no use permit is required:
a. The facilities shall not be placed on a lot which abuts, joins at the corners, or is across a street or alley from a dwelling unit which is under construction or occupied at the time of said placement, unless written agreement to the placement is given by the owner or occupant of the affected property.
b. All outside storage shall be screened by a six-foot-high solid fence or masonry wall. No construction vehicles or machinery shall be placed within ten feet of the screen fence or wall.
c. All signs on the facility shall fully comply with Section 705 of this ordinance, the Sign Code.
d. All facilities and storage shall be removed within three months of the closure of the model homes.
5. Reserved.
6. Churches or similar places of worship, including parish houses, parsonages, rectories, and convents and dormitories with no more than ten residents accessory thereto, except temporary tents or buildings. Athletic activities in conjunction with the above and on the same lot or contiguous lots may be permitted. See Public Assembly—Residential.
a. Bingo may be operated as an accessory use on the premises of the church when conducted no more than two days a week. Fundraising events located on the same lot or contiguous lots shall be permitted, subject to the following requirements.
(1) The sponsoring, organizing and benefiting entities shall be nonprofit or religious organizations.
(2) Events held entirely within a building or buildings shall not be further regulated; however, events to be conducted wholly or in part outdoors shall be subject to the following additional conditions:
(a) Any outdoor portion of the event shall be located a minimum of 50 feet from a property line adjacent to a residential zoning district and a residential use.
(b) The event shall not be conducted between the hours of 10:00 p.m. and 8:00 a.m.
(c) The event shall not be conducted in such a manner as to reduce the number of parking spaces required for any normal functions of the primary use which are held during the event.
(d) Lighting shall be so placed as to reflect the light away from adjacent residences.
b. Pocket shelters as accessory uses to churches or similar places of worship, subject to the following standards (and applicable Maricopa County and City of Phoenix health and safety regulations):
(1) A pocket shelter shall house no more than twelve unrelated persons. A pocket shelter may house up to twenty unrelated persons upon approval of a use permit in accordance with the procedures and standards of Section 307 of this ordinance. Minors (age eighteen years or younger) accompanied by a parent or a guardian shall not be counted in the number of unrelated persons.
(2) The church or similar place of worship shall be located on an arterial or collector street as defined on the street classification map. A shelter at a church or similar place of worship which is not on an arterial or collector street shall be permitted upon approval of a use permit in accordance with the procedures and provisions of Section 307 of this ordinance.
(3) The church or similar place of worship shall provide on-site supervision of shelter residents at all times that two or more unrelated residents are at the shelter.
(4) Drug, alcohol, other substance abuse, or mental health rehabilitation programs shall not be allowed as part of the shelter services. This provision shall not prevent the church or similar place of worship from referring shelter residents to other appropriate programs at the church or similar place of worship or elsewhere, e.g. Alcoholics Anonymous, which are not part of the shelter services.
(5) Shelter residents shall not possess alcohol, weapons, or illegal drugs at the shelter.
(6) Open areas surrounding pocket shelter structures shall be screened from view from abutting and/or adjoining properties by hedges, trees, other landscaping, or walls.
(7) Pocket shelter structures shall not have direct access to abutting and/or adjoining properties.
(8) Pocket shelters shall be housed in permanent structures rather than in tents or other similar temporary structures.
(9) A church or similar place of worship shall house no more than one pocket shelter.
7. Schools. Fundraising events located on the same lot or contiguous lots shall be permitted, subject to the requirements set forth in section 605.A.6.
8. Public utility buildings and facilities when necessary for serving the surrounding territory, provided that no public business offices and no repair or storage facilities are maintained therein.
9. Private swimming pools as provided for under Section 706.
10. Publicly owned and operated parks, playgrounds and other recreation uses, and publicly owned or operated buildings or properties.
11. Reserved.
12. Accessory uses and buildings.
a. Accessory dwelling units are subject to the additional provisions of Section 706.A.
b. No accessory use shall be maintained in which there is solicitation of recipients for a service or product, or the operation of the use so that it is commonly known as offering a commercial service or product.
c. No accessory use of land or structures shall be maintained except as hereinafter provided or except as may be permitted as a home occupation.
d. The following uses, when accessory to the residential use of land or structures by residents, shall be permitted:
(1) Recreational facilities, for which all necessary construction and other required permits have been obtained.
(2) Parking of vehicles in facilities and locations on the property not otherwise in conflict with the provisions of this ordinance.
(3) Materials used in conjunction with a hobby, avocation or pastime, the use of which does not otherwise conflict with the provisions of this ordinance.
(4) Facilities for household pets, the maintenance of which is not otherwise prohibited by statute, regulation or the City Code of the City of Phoenix and which facilities are in compliance with all applicable ordinances of the City of Phoenix.
e. Except as may be provided by use permit approval in conjunction with a home occupation, no accessory use shall include outdoor display or storage of any of the following listed items, when such items are visible or emit odor, dust, gas, noise, vibration, smoke, heat, or glare beyond any boundary of the lot on which such items are displayed or stored:
(1) Any building or landscaping materials.
(2) Any machinery, parts or appliances.
(3) Vehicles which are unlicensed, inoperable, or registered to or owned by persons not residing on or the guests of persons residing on the premises.
(4) Any other chattel used for or intended for a commercial purpose or ultimate use on other than the subject premises.
13. Private tennis courts as an accessory use. Tennis court fences over six feet high in required rear yard or required side yard, subject to a use permit. Tennis court lights, subject to a use permit.
14. Home occupations including, but not limited to architect, lawyer, off-site sales businesses, accountant, real estate agent, telemarketing sales, and psychologist. For purposes of this section, off-site sales means processing orders by mail, facsimile, phone, modem or internet.
a. No one outside the family residing in the dwelling unit shall be employed in the home occupation.
b. No exterior display, no exterior storage of materials, no sign, and no other exterior indication of the home occupation or variation from the residential character of the principal or accessory building, except as authorized in paragraph h below.
c. No home occupation shall emit odor, dust, gas, noise, vibration, smoke, heat, or glare beyond any boundary of the lot on which the home occupation is conducted.
d. Activity shall be limited to the hours between 7:00 a.m. and 10:00 p.m.
e. No mechanical equipment shall be used except that normally used for domestic, hobby, standard office, or household purposes.
f. Not more than twenty-five percent of the total area under roof on the site shall be used for any home occupation.
g. Any parking incidental to the home occupation shall be provided on the site.
h. Home occupation shall obtain a use permit from the Zoning Administrator in accordance with Section 307 of this ordinance when:
(1) Traffic (other than trips by occupants of the household) is generated by the home occupation; or
(2) The home occupation is conducted in an accessory building; or
(3) The home occupation is conducted as an outside use; or
(4) Minor variations to paragraph c above are required to conduct the home occupation; or
(5) An applicant desires an official approval of a home occupation.
(a) A home occupation shall not include, but such exclusion shall not be limited to the following uses:
(i) Barbershops and beauty parlors.
(ii) Commercial stables, veterinary offices.
(iii) Dog grooming.
(iv) Massage parlors.
(v) [Reserved.]
(vi) Restaurants.
(vii) Veterinary hospitals and commercial kennels.
15. Group foster homes subject to a use permit.
16. Nondaily newspaper delivery service shall be permitted subject to the following limitations:
a. Delivered bulk materials related to nondaily publications shall be transferred to an enclosed building or secured area so that materials are not visible from the street or adjacent properties unless for preparation of materials for same day distribution. Preparation of materials for same day distribution may occur on or about adjacent public rights-of-way provided that materials do not remain in public view for longer than twenty-four hours.
b. Materials stored for periods greater than twenty-four hours shall be enclosed within a building or secured by a wall or fence of such material, construction, and height so as to conceal the materials located.
c. Activities relating to and/or accessory to the preparation of materials stored for periods greater than twenty-four hours shall occur within an enclosed building or an area secured by a wall or fence of such material, construction, and height so as to completely conceal the activities.
d. Such delivery shall be limited to two bulk deliveries in a seven-day period. More frequent deliveries shall require a use permit in accordance with the procedures of Section 307.
e. No traffic other than that required for the bulk delivery and pickup shall be allowed by outside employees. Any other business-related traffic shall require a use permit in accordance with the procedures of Section 307.
17. Environmental remediation facility, subject to the following conditions:
a. A use permit shall be obtained in accordance with Section 307 of this ordinance.
b. The aboveground area of land occupied by the environmental remediation facility shall not exceed the minimum number of square feet necessary to implement the remedial or corrective action.
c. All structures and devices constructed above ground level shall be shielded from the view of persons outside the property boundary by an opaque fence constructed of materials of similar composition and appearance to fences and structures on nearby property.
d. Outdoor equipment installed as part of the final environmental remediation facility shall not exceed a height of ten feet and shall be set back from the perimeter wall a minimum of three feet for every one foot of height over six feet.
e. After installation, no equipment or materials beyond that necessary to operate the facility shall be stored on the lot.
f. A perimeter landscaping plan shall be approved by the Planning and Development Department as necessary unless an applicable approved landscape plan already exists.
g. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. Noise, odor, or vibration shall not be emitted any time by the facility so that it exceeds the general level of noise, odor, or vibration emitted by uses outside the site. Such comparison shall be made at the boundary of the lot on which the treatment facility is located.
h. Neither the Zoning Administrator nor the Board of Adjustment shall have the jurisdiction to grant variances from these provisions.
i. The facility shall comply with all applicable provisions of the Fire Code.
(j) A permit issued under Section 307 shall include reasonable restrictions on the operation of the facility to mitigate any adverse impacts on nearby land, including but not limited to, restrictions on vehicular traffic and hours of operation of the facility.
(k) This section allows authorization of activities to undertake all on-site investigative, construction, and maintenance activities ancillary to the operation of the facility. All off-site discharges of any substance shall be separately authorized pursuant to applicable laws.
(l) The structures used for the facility shall not exceed a total area of five thousand square feet.
18. Dependent care facility for six dependents, subject to the following conditions:
a. Resident dependents under the age of 12 years shall not be counted.
b. Outdoor play areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
c. The employees must reside at the facility unless a nonresident employee is required by the Arizona Department of Health Services.
19. Dependent care facility for seven to 12 dependents, subject to obtaining a use permit in accordance with the provisions of Section 307 and subject to the following standards:
a. Resident dependents under the age of 12 years shall not be counted.
b. Outdoor play areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
c. Hours of operation shall be only between 6:00 a.m. and 10:00 p.m. These hours may be restricted as part of the use permit approval.
d. Nonresident employees may be permitted with the use permit if necessary to meet State requirements.
e. One parking space shall be provided for each employee who does not reside at the facility.
f. No signage shall be permitted.
g. The facility shall be subject to Arizona licensing requirements.
20. The display for sale of a vehicle, which for purposes of this provision includes trailers, watercraft or other types of transportation that are built to carry passengers or cargo shall be subject to the following restrictions:
a. No more than one [1] vehicle can be labeled for sale or show any indication that it is for sale at any given time on a property, whether visible on-site or through some other form of advertising.
b. No more than two [2] vehicles can be sold on a property during any calendar year.
c. For purposes of Subsections a and b above, two [2] jet skis, a boat or similar types of recreational vehicles that are transported on one trailer shall, together with the trailer, be considered one vehicle.
d. The ownership of the vehicle[s] must be registered to the location where the vehicle is listed for sale.
e. No vehicle can be labeled for sale or show any indication that it is for sale at an unoccupied house or on a vacant lot or parcel.
f. No vehicle can be labeled for sale or show any indication that it is for sale in conjunction with a retail or wholesale vehicle sales dealership or business without obtaining a temporary use permit.
21. Public Assembly—Residential. A use permit shall be required for all public assembly—residential uses with vehicular access on local or minor collector streets.
B. Yard, height and area requirements. Except as required by Section 710, the following yard, height, and area provisions shall be required for this district:
1. Each lot shall have a net area of not less than 43,560 square feet.
2. Each lot shall have a minimum width of 165 feet.
3. Each lot shall have a minimum depth of 175 feet.
4. Setback Requirements.
a. The minimum front setback is 40 feet.
b. The minimum side setback is 30 feet, except that ADUs are subject to the setback provisions of Section 706.A.
c. The minimum rear setback is 30 feet, except that ADUs are subject to the setback provisions of Section 706.A.
5. The main building and all accessory buildings on a lot shall not occupy more than 20 percent of the net lot area, except if all structures are less than 20 feet and one story in height then a maximum of 40 percent lot coverage is allowed.
6. No building shall exceed the height of two stories, not to exceed 30 feet, and no dwelling shall be erected to a height of less than one story.
7. Accessory dwelling units and other accessory structures are subject to the additional development regulations of Section 706.
8. Open projections into the required side yards, per the provisions of Section 701.A.3.a(1)(b), are not permitted.
Section 606. Residential Estate RE-24 District—One-Family Residence.
The provisions of this section shall apply only to land zoned prior to September 13, 1981.
The RE-24, One Family Residence District, is a district of single-family homes designed to maintain, protect and preserve a character of development on lots with a minimum area of 24,000 square feet and with not more than one dwelling unit and customary accessory buildings upon one lot.
A. Permitted uses.
1. Dwelling Units. Each lot may have the following:
a. One primary dwelling unit.
b. Two accessory dwelling units. A third ADU is permitted only when at least one ADU qualifies as affordable housing and the net lot size is a minimum of 43,560 square feet.
c. Model homes are permitted subject to the provisions of Section 608.E.19.
2. Adult day care home; provided, that:
a. Care is provided for no more than four adult persons, not including staff.
b. Care is provided for five to ten adult persons, not including staff, and subject to a use permit.
c. Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
3. Community residence home; provided, that:
a. The home has no more than five residents, not including staff (unless permitted by Section 36-582(A), Arizona Revised Statutes); or
b. For a home with six to ten residents, not including staff, the following conditions shall apply:
(1) Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee as to compliance with the standards of this section as provided in Section 701.
(2) No community residence home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another community residence home that has been registered with six to ten residents.
(3) Disability accommodation from the spacing requirement may be requested by an applicant per Section 701.E.3.
4. Facilities and storage incidental to a construction project and located on the project site. When such facilities or storage are used for construction on a lot or lots other than the lot or lots used for such facilities or storage, such use shall maintain the setbacks provided by the requirements of Section 606.B and shall be subject to securing a use permit. When such facilities and storage serve a residential subdivision, are approved in conjunction with model homes by the Planning and Development Department, and meet all of the standards listed below, no use permit is required:
a. The facilities shall not be placed on a lot which abuts, joins at the corners, or is across a street or alley from a dwelling unit which is under construction or occupied at the time of said placement, unless written agreement to the placement is given by the owner or occupant of the affected property.
b. All outside storage shall be screened by a six-foot-high solid fence or masonry wall. No construction vehicles or machinery shall be placed within ten feet of the screen fence or wall.
c. All signs on the facility shall fully comply with Section 705 of this ordinance, the Sign Code.
d. All facilities and storage shall be removed within three months of the closure of the model homes.
5. Reserved.
6. Churches or similar places of worship, including parish houses, parsonages, rectories, and convents and dormitories with no more than ten residents accessory thereto, except temporary tents or buildings. Athletic activities in conjunction with the above and on the same lot or contiguous lots may be permitted. See Public Assembly—Residential.
a. Bingo may be operated as an accessory use on the premises of the church when conducted no more than two days a week. Fundraising events located on the same lot or contiguous lots shall be permitted, subject to the following requirements.
(1) The sponsoring, organizing and benefiting entities shall be nonprofit or religious organizations.
(2) Events held entirely within a building or buildings shall not be further regulated; however, events to be conducted wholly or in part outdoors shall be subject to the following additional conditions:
(a) Any outdoor portion of the event shall be located a minimum of 50 feet from a property line adjacent to a residential zoning district and a residential use.
(b) The event shall not be conducted between the hours of 10:00 p.m. and 8:00 a.m.
(c) The event shall not be conducted in such a manner as to reduce the number of parking spaces required for any normal functions of the primary use which are held during the event.
(d) Lighting shall be so placed as to reflect the light away from adjacent residences.
b. Pocket shelters as accessory uses to churches or similar places of worship, subject to the following standards (and applicable Maricopa County and City of Phoenix health and safety regulations):
(1) A pocket shelter shall house no more than twelve unrelated persons. A pocket shelter may house up to twenty unrelated persons upon approval of a use permit in accordance with the procedures and standards of Section 307 of this ordinance. Minors (age eighteen years or younger) accompanied by a parent or a guardian shall not be counted in the number of unrelated persons.
(2) The church or similar place of worship shall be located on an arterial or collector street as defined on the street classification map. A shelter at a church or similar place of worship which is not on an arterial or collector street shall be permitted upon approval of a use permit in accordance with the procedures and provisions of Section 307 of this ordinance.
(3) The church or similar place of worship shall provide on-site supervision of shelter residents at all times that two or more unrelated residents are at the shelter.
(4) Drug, alcohol, other substance abuse, or mental health rehabilitation programs shall not be allowed as part of the shelter services. This provision shall not prevent the church or similar place of worship from referring shelter residents to other appropriate programs at the church or similar place of worship or elsewhere, e.g. Alcoholics Anonymous, which are not part of the shelter services.
(5) Shelter residents shall not possess alcohol, weapons, or illegal drugs at the shelter.
(6) Open areas surrounding pocket shelter structures shall be screened from view from abutting and/or adjoining properties by hedges, trees, other landscaping, or walls.
(7) Pocket shelter structures shall not have direct access to abutting and/or adjoining properties.
(8) Pocket shelters shall be housed in permanent structures rather than in tents or other similar temporary structures.
(9) A church or similar place of worship shall house no more than one pocket shelter.
7. Schools. Fundraising events located on the same lot or contiguous lots shall be permitted, subject to the requirements set forth in Section 606.A.6.
8. Public utility buildings and facilities when necessary for serving the surrounding territory, provided that no public business offices and no repair or storage facilities are maintained therein.
10. Publicly owned and operated parks, playgrounds and recreational uses and publicly owned and operated buildings or properties.
11. Accessory uses and buildings.
a. Accessory dwelling units are subject to the additional provisions of Section 706.A.
b. No accessory use shall be maintained in which there is solicitation of recipients for a service or product, or the operation of the use so that it is commonly known as offering a commercial service or product.
c. No accessory use of land or structures shall be maintained except as hereinafter provided or except as may be permitted as a home occupation.
d. The following uses, when accessory to the residential use of land or structures by residents, shall be permitted:
(1) Recreational facilities, for which all necessary construction and other required permits have been obtained.
(2) Parking of vehicles in facilities and locations on the property not otherwise in conflict with the provisions of this ordinance.
(3) Materials used in conjunction with a hobby, avocation or pastime, the use of which does not otherwise conflict with the provisions of this ordinance.
(4) Facilities for household pets, the maintenance of which is not otherwise prohibited by statute, regulation of the City Code of the City of Phoenix and which facilities are in compliance with all applicable ordinances of the City of Phoenix.
e. Except as may be provided by use permit approval in conjunction with a home occupation, no accessory use shall include outdoor display or storage of any of the following listed items, when such items are visible or emit odor, dust, gas, noise, vibration, smoke, heat, or glare beyond any boundary of the lot on which such items are displayed or stored:
(1) Any building or landscaping materials.
(2) Any machinery, parts, or appliances.
(3) Vehicles which are unlicensed, inoperable, or registered to or owned by persons not residing on or the guests of persons residing on the premises.
(4) Any other chattel used for or intended for a commercial purpose or ultimate use on other than the subject premises.
12. Private tennis courts as an accessory use. Tennis court fences over six feet high in required rear yard or required side yard, subject to a use permit. Tennis court lights, subject to a use permit.
13. Home occupations including, but not limited to architect, lawyer, off-site sales businesses, accountant, real estate agent, telemarketing sales, and psychologist. For purposes of this section, off-site sales means processing orders by mail, facsimile, phone, modem or Internet.
a. No one outside the family residing in the dwelling unit shall be employed in the home occupation.
b. No exterior display, no exterior storage or materials, no sign, and no other exterior indication of the home occupation or variation from the residential character of the principal or accessory building, except as authorized in paragraph h below.
c. No home occupation shall emit odor, dust, gas, noise, vibration, smoke, heat, or glare beyond any boundary of the lot on which the home occupation is conducted.
d. Activity shall be limited to the hours between 7:00 a.m. and 10:00 p.m.
e. No mechanical equipment shall be used except that normally used for domestic, hobby, standard office or household purposes.
f. Not more than twenty-five percent of the total area under roof on the site shall be used for any home occupation.
g. Any parking incidental to the home occupation shall be provided on the site.
h. Home occupations shall obtain a use permit from the Zoning Administrator in accordance with Section 307 of this ordinance when:
(1) Traffic (other than trips by occupants of the household) is generated by the home occupation; or
(2) The home occupation is conducted in an accessory building; or
(3) The home occupation is conducted as an outside use; or
(4) Minor variations to paragraph c above are required to conduct the home occupation; or
(5) An applicant desires an official approval of a home occupation.
i. A home occupation shall not include, but such exclusion shall not be limited to the following uses:
(1) Barbershops and beauty parlors.
(2) Commercial stables, veterinary offices.
(3) Dog grooming.
(4) Massage parlors.
(5) [Reserved.]
(6) Restaurants.
(7) Veterinary hospitals and commercial kennels.
14. Group foster homes subject to a use permit.
15. Nondaily newspaper delivery service shall be permitted subject to the following limitations:
a. Delivered bulk materials related to nondaily publications shall be transferred to an enclosed building or secured area so that materials are not visible from the street or adjacent properties unless for preparation of materials for same day distribution. Preparation of materials for same day distribution may occur on or about adjacent public rights-of-way provided that materials do not remain in public view for longer than twenty-four hours.
b. Materials stored for periods greater than twenty-four hours shall be enclosed within a building or secured by a wall or fence of such material, construction, and height so as to conceal the materials located.
c. Activities relating to and/or accessory to the preparation of materials stored for periods greater than twenty-four hours shall occur within an enclosed building or an area secured by a wall or fence of such material, construction, and height so as to completely conceal the activities.
d. Such delivery shall be limited to two bulk deliveries in a seven-day period. More frequent deliveries shall require a use permit in accordance with the procedures of Section 307.
e. No traffic other than that required for the bulk delivery and pickup shall be allowed by outside employees. Any other business-related traffic shall require a use permit in accordance with the procedures of Section 307.
16. Environmental remediation facility, subject to the following conditions:
a. A use permit shall be obtained in accordance with Section 307 of this ordinance.
b. The aboveground area of land occupied by the environmental remediation facility shall not exceed the minimum number of square feet necessary to implement the remedial or corrective action.
c. All structures and devices constructed above ground level shall be shielded from the view of persons outside the property boundary by an opaque fence constructed of materials of similar composition and appearance to fences and structures on nearby property.
d. Outdoor equipment installed as part of the final environmental remediation facility shall not exceed a height of ten feet and shall be set back from the perimeter wall a minimum of three feet for every one foot of height over six feet.
e. After installation, no equipment or materials beyond that necessary to operate the facility shall be stored on the lot.
f. A perimeter landscaping plan shall be approved by the Planning and Development Department as necessary unless an applicable approved landscape plan already exists.
g. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. Noise, odor, or vibration shall not be emitted any time by the facility so that it exceeds the general level of noise, odor, or vibration emitted by uses outside the site. Such comparison shall be made at the boundary of the lot on which the treatment facility is located.
h. Neither the Zoning Administrator nor the Board of Adjustment shall have the jurisdiction to grant variances from these provisions.
i. The facility shall comply with all applicable provisions of the Fire Code.
(j) A permit issued under Section 307 shall include reasonable restrictions on the operation of the facility to mitigate any adverse impacts on nearby land, including but not limited to, restrictions on vehicular traffic and hours of operation of the facility.
(k) This section allows authorization of activities to undertake all on-site investigative, construction, and maintenance activities ancillary to the operation of the facility. All off-site discharges of any substance shall be separately authorized pursuant to applicable laws.
(l) The structures used for the facility shall not exceed a total area of five thousand square feet.
17. Dependent care facility for six dependents, subject to the following conditions:
a. Resident dependents under the age of 12 years shall not be counted.
b. Outdoor play areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
c. The employees must reside at the facility unless a nonresident employee is required by the Arizona Department of Health Services.
18. Dependent care facility for seven to 12 dependents, subject to obtaining a use permit in accordance with the provisions of Section 307 and subject to the following standards:
a. Resident dependents under the age of 12 years shall not be counted.
b. Outdoor play areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
c. Hours of operation shall be only between 6:00 a.m. and 10:00 p.m. These hours may be restricted as part of the use permit approval.
d. Nonresident employees may be permitted with the use permit if necessary to meet State requirements.
e. One parking space shall be provided for each employee who does not reside at the facility.
f. No signage shall be permitted.
g. The facility shall be subject to Arizona licensing requirements.
19. The display for sale of a vehicle, which for purposes of this provision includes trailers, watercraft or other types of transportation that are built to carry passengers or cargo shall be subject to the following restrictions:
a. No more than one [1] vehicle can be labeled for sale or show any indication that it is for sale at any given time on a property, whether visible on-site or through some other form of advertising.
b. No more than two [2] vehicles can be sold on a property during any calendar year.
c. For purposes of Subsections a and b above, two [2] jet skis, a boat or similar types of recreational vehicles that are transported on one trailer shall, together with the trailer, be considered one vehicle.
d. The ownership of the vehicle[s] must be registered to the location where the vehicle is listed for sale.
e. No vehicle can be labeled for sale or show any indication that it is for sale at an unoccupied house or on a vacant lot or parcel.
f. No vehicle can be labeled for sale or show any indication that it is for sale in conjunction with a retail or wholesale vehicle sales dealership or business without obtaining a temporary use permit.
20. Public Assembly—Residential. A use permit shall be required for all public assembly—residential uses with vehicular access on local or minor collector streets.
B. Yard, height and area requirements. Except as required by Section 710, the following yard, height, and area provisions shall be required for this district:
1. Each lot shall have a net area of not less than 24,000 square feet.
2. Each lot shall have a minimum width of 130 feet.
3. Each lot shall have a minimum depth of 120 feet.
4. Setback Requirements.
a. The minimum front setback is 30 feet.
b. The minimum street side setback is 15 feet, except that ADUs are subject to the setback provisions of Section 706.A.
c. The minimum interior side setback is ten feet, except that ADUs are subject to the setback provisions of Section 706.A.
d. The minimum rear setback is 20 feet, except that ADUs are subject to the setback provisions of Section 706.A.
5. The main building and all accessory buildings on a lot shall not occupy more than 25 percent of the net lot area, except if all structures are less than 20 feet and one story in height then a maximum of 40 percent lot coverage is allowed.
6. No building shall exceed the height of two stories, not to exceed 30 feet, and no dwelling structure shall be erected to a height of less than one story.
7. Accessory dwelling units and other accessory structures are subject to the additional development regulations of Section 706.
8. Open projections into the required side yards, per the provisions of Section 701.A.3.a(1)(b), are not permitted.
Section 607. Residential R1-14 District—One-Family Residence.
The provisions of this section shall apply only to land zoned R1-14 prior to September 13, 1981.
The R1-14, One-Family Residence District, is a district of single-family homes designed to maintain, protect, and preserve a character of development on lots with minimum area of 14,000 square feet and with not more than one dwelling unit and customary accessory building upon one lot. Dwelling groups shall also be allowed in the districts on certain lots of excessive size, then developed consistent with the character of adjacent residential uses in the district.
A. Permitted uses.
1. Same as RE-24.
No dwelling unit shall contain more than two guestrooms.
B. Yard, height and area requirements. Except as required by Section 710, the following yard, height, and area provisions shall be required for this district:
1. Each lot shall have a net area of not less than 14,000 square feet.
2. Each lot shall have a minimum width of 110 feet.
3. Each lot shall have a minimum depth of 120 feet.
4. Setback Requirements.
a. The minimum front setback is 30 feet.
b. The minimum street side setback is 15 feet, except that ADUs are subject to the setback provisions of Section 706.A.
c. The minimum interior side setback is ten feet, except that ADUs are subject to the setback provisions of Section 706.A.
d. The minimum rear setback is 20 feet, except that ADUs are subject to the setback provisions of Section 706.A.
5. The main building and all accessory buildings on a lot shall not occupy more than 25 percent of the net lot area, except if all structures are less than 20 feet and one story in height then a maximum of 40 percent lot coverage is allowed.
6. No building shall exceed the height of two stories, not to exceed 30 feet, and no dwelling structure shall be erected to a height of less than one story.
7. Accessory dwelling units and other accessory structures are subject to the additional development regulations of Section 706.
8. Open projections into the required side yards, per the provisions of Section 701.A.3.a(1)(b), are not permitted.
Section 608. Residential Districts.
A. Purpose. Residential districts are established in recognition of a need to provide areas of the City devoted primarily to living functions. In order to preserve these areas from the distractions and adverse impacts which can result from immediate association with nonresidential uses, these districts are restricted to residential, limited nonresidential uses, and appropriate accessory uses. These regulations are designed to promote the creation and maintenance of areas in which individuals or families may pursue residential activities with reasonable access to open space, and streets or roads, in a setting which is not negatively impacted by adjacent uses. Limited nonresidential uses may have conditions placed upon them to limit impact to adjacent residential uses and in some cases require a public hearing through a use permit or special permit process to mitigate any negative impacts to surrounding residential uses.
The standards contained in this section and Sections 609 through 619 and 635 are designed to establish the character of new residential development and also to preserve the quality of residential uses during their lifetime. When applied to new development, these standards are designed to be used in conjunction with the development and improvement standards as contained in the Phoenix Subdivision Ordinance, chapter 32 of the City Code.
Specific policies for the use of residential land shall be:
1. To guarantee to each dwelling unit access to sufficient light and air, a variety of outdoor areas, vehicular and pedestrian circulation systems, and a setting which conveys a residential character or environment.
2. To encourage the development of a sufficient variety of housing to meet the needs of the general population, which variety shall include dwelling type, value, and lot size.
3. To ensure the compatibility of any housing development with that of adjacent development.
4. To establish residential densities which can respond to the plans and policies as contained in the general plan and to correlate residential densities with the provision of public services and utilities.
B. Applicability. This section applies to residential districts RE-35, R1-18, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-5, and R-4A (Sections 609 through 619), and where specified in the regulations for other zoning districts.
C. Use Regulations. The regulations governing the uses of land and structures shall be as set forth in the Residential Districts Land Use Matrix, Section 608.D, and land use conditions in Section 608.E, as follows:
1. Any use not listed in Section 608.D (Residential Districts Land Use Matrix) shall not be permitted unless the use is otherwise permitted within the regulations specific to the zoning district, per Sections 609 through 619 and 635.
2. All uses indicated with "p" are permitted within the applicable zoning district, subject to development regulations listed below and elsewhere within this Zoning Ordinance.
3. All uses indicated with "pc" are permitted within the applicable zoning district only if specific conditions are met. The conditions are described in Section 608.E, Land Use Conditions, by the associated condition number (e.g., "pc15" is described under Section 608.E.15). In some cases, a use permit per Section 307 may be required as outlined in the conditions.
4. All uses indicated with "up" are permitted within the applicable zoning district only upon approval of a use permit per Section 307. If a number is also provided (e.g. "up25"), there are also conditions which must be complied with before applying for a use permit.
5. All uses indicated with "sp" are permitted within the applicable zoning district only upon approval of a special permit per Section 504.1.
6. All uses indicated with "np" are not permitted within the applicable zoning district.
7. No accessory use of land or structures shall be maintained except as hereinafter provided or except as may be permitted as a home occupation.
D. Residential Districts Land Use Matrix.
Table 608.D. Residential Districts Land Use Matrix
LAND USE CATEGORIES | SECTION AND ZONING DISTRICT | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
609 | 610 | 611 | 612 | 613 | 614 | 615 | 616 | 617 | 618 | 619 | 635 | ||
RE-35 | R1-18 | R1-10 | R1-8 | R1-6 | R-2 | R-3 | R-3A | R-4 | R-5 | R-4A | PAD | ||
pc1 | pc1 | pc1 | pc1 | pc1 | pc1 | pc1 | pc1 | pc1 | pc1 | pc1 | pc1 | ||
(ac) | pc2 | pc2 | pc2 | pc2 | pc2 | pc2 | pc2 | pc2 | pc2 | pc2 | pc2 | pc2 | |
(ac) | Guestroom(s) | pc3 | pc3 | pc3 | pc3 | pc3 | pc3 | pc3 | pc3 | pc3 | pc3 | pc3 | pc3 |
pc4 | pc4 | pc4 | pc4 | pc4 | pc4 | pc4 | pc4 | pc4 | pc4 | pc4 | pc4 | ||
np | np | np | np | np | pc5 up5 | pc5 up5 | pc5 up5 | pc5 up5 | pc5 up5 | pc6 up6 | np | ||
np | np | np | np | np | pc7 | pc7 | pc7 | pc7 | pc7 | pc7 | pc7 | ||
(ac) | np | np | np | np | np | np | np | pc8 | pc8 | pc8 | pc8 | pc8 | |
np | np | np | np | np | up35 | up35 | up35 | up35 | up35 | up35 | np | ||
np | np | np | np | np | np | up9 | up9 | up9 | up9 | up9 | up9 | ||
pc10 | pc10 | pc10 | pc10 | pc10 | pc10 | pc10 | pc10 | pc10 | pc10 | pc10 | pc10 | ||
5-10 Adult Day Care Home | up11 | up11 | up11 | up11 | up11 | up11 | up11 | up11 | up11 | up11 | up11 | up11 | |
np | np | np | np | np | np | up12 | up12 | up12 | up12 | up12 | np | ||
pc13 | pc13 | pc13 | pc13 | pc13 | pc13 | pc13 | pc13 | pc13 | pc13 | pc13 | pc13 | ||
np | np | np | np | np | np | up14 | up14 | up14 | up14 | up14 | np | ||
pc15 | pc15 | pc15 | pc15 | pc15 | pc15 | pc15 | pc15 | pc15 | pc15 | pc15 | pc15 | ||
up16 | up16 | up16 | up16 | up16 | up16 | up16 | up16 | up16 | up16 | up16 | up16 | ||
np | np | np | np | np | np | up17 | up17 | up17 | up17 | up17 | np | ||
np | np | np | np | np | np | up18 | up18 | up18 | up18 | up18 | up18 | ||
np | np | np | np | np | np | up | up | p | p | p | np | ||
Governmental Uses | p | p | p | p | p | p | p | p | p | p | p | p | |
Model Homes and Subdivision Sales Offices | pc19 | pc19 | pc19 | pc19 | pc19 | pc19 | pc19 | pc19 | pc19 | pc19 | pc19 | pc19 | |
Public Utility Buildings and Facilities | pc20 | pc20 | pc20 | pc20 | pc20 | pc20 | pc20 | pc20 | pc20 | pc20 | pc20 | pc20 | |
Schools, Private | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | |
Schools, Public | p | p | p | p | p | p | p | p | p | p | p | p | |
Church/Place of Worship | p | p | p | p | p | p | p | p | p | p | p | p | |
(ac) | Accessory To Church/Place Of Worship | pc21 | pc21 | pc21 | pc21 | pc21 | pc21 | pc21 | pc21 | pc21 | pc21 | pc21 | pc21 |
pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | pc22 | ||
up23 | up23 | up23 | up23 | up23 | up23 | up23 | up23 | up23 | up23 | up23 | up23 | ||
pc24 | pc24 | pc24 | pc24 | pc24 | pc24 | pc24 | pc24 | pc24 | pc24 | pc24 | np | ||
pc25 | pc25 | pc25 | pc25 | pc25 | pc25 | pc25 | pc25 | pc25 | pc25 | pc25 | np | ||
ACCESSORY USES IN RESIDENCE DISTRICTS | |||||||||||||
Construction Facilities and Storage | pc26 | pc26 | pc26 | pc26 | pc26 | pc26 | pc26 | pc26 | pc26 | pc26 | pc26 | pc26 | |
pc27 | pc27 | pc27 | pc27 | pc27 | pc27 | pc27 | pc27 | pc27 | pc27 | pc27 | pc27 | ||
Non-Daily Newspaper Service | pc28 | pc28 | pc28 | pc28 | pc28 | pc28 | pc28 | pc28 | pc28 | pc28 | pc28 | pc28 | |
Display For Sale Of Vehicle | pc29 | pc29 | pc29 | pc29 | pc29 | pc29 | pc29 | pc29 | pc29 | pc29 | pc29 | pc29 | |
Facilities For Household Pets | pc30 | pc30 | pc30 | pc30 | pc30 | pc30 | pc30 | pc30 | pc30 | pc30 | pc30 | pc30 | |
Garage Or Yard Sales | pc31 | pc31 | pc31 | pc31 | pc31 | pc31 | pc31 | pc31 | pc31 | pc31 | pc31 | pc31 | |
Hobbies And Associated Supplies | pc32 | pc32 | pc32 | pc32 | pc32 | pc32 | pc32 | pc32 | pc32 | pc32 | pc32 | pc32 | |
Parking (Accessory) | pc33 | pc33 | pc33 | pc33 | pc33 | pc33 | pc33 | pc33 | pc33 | pc33 | pc33 | pc33 | |
Private Tennis/Outdoor Game Courts | pc34 | pc34 | pc34 | pc34 | pc34 | pc34 | pc34 | pc34 | pc34 | pc34 | pc34 | pc34 | |
*(ac) = accessory use permitted only with primary use listed immediately prior in the table.
E. Land Use Conditions.
1. Single-Family Detached Dwelling Unit. Each single-family lot is permitted one single-family detached primary dwelling unit and no additional dwelling units, unless otherwise permitted elsewhere in this section.
2. Accessory Dwelling Unit (ADU).
a. When a lot has no more than one single-family detached primary dwelling, two ADUs are permitted in addition to the primary dwelling unit. A third ADU may be permitted when at least one of the ADUs qualifies as affordable housing and the net lot size is a minimum 43,560 square feet. However, lots having multi-family dwelling units are not permitted any ADUs.
b. An ADU is subject to the development regulations of Section 706.A.
3. Guestrooms. Each single-family dwelling unit may contain no more than two guestrooms.
4. Single-Family Attached Dwelling Unit. One single-family attached dwelling unit is permitted per single-family lot when the applicable development option has no requirements for interior side yard setbacks.
5. Single-Family Infill (SFI) Subdivision. SFI Subdivisions per the provisions set forth in Section 608.I are permitted when located within the Infill Development District, and by use permit when located in the applicable areas depicted in Figure 608.I.1.
6. Single-Family Infill (SFI) Subdivision—R-4A Only. SFI Subdivisions per the provisions set forth in Section 608.I are permitted when located within the Infill Development District, and by use permit when located in the applicable areas depicted in Figure 608.I.1. Except for the permitted density, the development standards shall be the same as for the R-4 Planned Residential Development Option, as modified by Section 608.I.
7. Multi-Family Dwelling Units. Multi-family dwelling units are permitted except when the development has been platted as a single-family subdivision.
8. Residential Convenience Market. A residential convenience market is permitted as an accessory use to a multi-family development where specified in the residential district land use matrix, subject to the following conditions:
a. The development shall contain a minimum of 400 dwelling units.
b. The market shall not exceed 1,000 square feet in total floor area (display and storage) if the development contains less than 850 dwelling units. The market shall not exceed 3,000 square feet in total floor area (display and storage) if the development contains 850 or more dwelling units.
c. No parking spaces shall be required or permitted for the market except for spaces designated for deliveries or accessible parking spaces.
d. Signage shall be allowed only as part of a comprehensive sign plan pursuant to Section 705. The Zoning Administrator may approve wall-mounted signage up to a maximum height of 30 feet as part of an approved comprehensive sign plan.
9. Boarding house, subject to a use permit and the following conditions:
a. Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee, as to compliance with the standards of this section as provided in Section 701.
b. No boarding house shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another boarding house, group home, or community residence home or center within a residential zoning district.
c. A maximum lot coverage of 25 percent.
d. A minimum of 100 square feet of usable outdoor open space per bed shall be provided, which may be reduced to 50 square feet of usable outdoor open space per bed in the R-5 and R-4A districts.
e. The lot shall only have vehicular access from an arterial or collector street.
10. Adult day care home for the care of one to four adult persons; provided, that:
a. Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
11. Adult day care home for the care of five to ten adult persons, subject to a use permit; and provided, that:
a. Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
12. Adult day care center for the care of 11 or more adult persons, subject to a use permit; and provided, that:
a. Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
13. Community residence home; provided, that:
a. The home has no more than five residents, not including staff (unless permitted by Section 36-582(A), Arizona Revised Statutes).
b. For a home with six to ten residents, not including staff, the following conditions shall apply:
(1) Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee as to compliance with the standards of this section as provided in Section 701.
(2) No community residence home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another community residence home that has been registered with six to ten residents.
(3) Disability accommodation from the spacing requirement may be requested by an applicant per Section 701.E.3.
14. Community residence center, subject to a use permit and the following conditions:
a. Such center shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee as to compliance with the standards of this section as provided in Section 701.
b. No community residence center shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another community residence home or center within a residential zoning district.
c. Disability accommodation from the spacing requirement may be requested by an applicant per Section 701.E.3.
d. A maximum lot coverage of 25 percent.
e. A minimum of 100 square feet of usable outdoor open space per bed shall be provided, which may be reduced to 50 square feet of usable outdoor open space per bed in the R-5 and R-4A districts.
f. The lot shall only have vehicular access from an arterial or collector street.
15. Dependent care facility for up to six dependents, subject to the following conditions:
a. Resident dependents under the age of 12 years shall not be counted.
b. Outdoor play areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
c. The employees must reside at the facility unless a nonresident employee is required by the Arizona Department of Health Services.
16. Dependent care facility for seven to 12 dependents, subject to obtaining a use permit in accordance with the provisions of Section 307 and subject to the following standards:
a. Resident dependents under the age of 12 years shall not be counted when they are present on the premises.
b. Outdoor play areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
c. Hours of operation shall be only between 6:00 a.m. and 10:00 p.m. These hours may be restricted as part of the use permit approval.
d. Nonresident employees may be permitted with the use permit if necessary to meet State requirements.
e. One parking space shall be provided for each employee who does not reside at the facility.
f. No signage shall be permitted.
g. The facility shall be subject to Arizona licensing requirements.
17. Dependent care facility for 13 or more dependents and schools for the mentally or physically handicapped subject to securing a use permit pursuant to Section 307.
18. Group home, subject to a use permit and the following conditions:
a. Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee as to compliance with the standards of this section as provided in Section 701.
b. No group home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another group home, boarding house, or community residence home or center within a residential zoning district.
c. A maximum lot coverage of 25 percent.
d. A minimum of 100 square feet of usable outdoor open space per bed shall be provided, which may be reduced to 50 square feet of usable outdoor open space per bed in the R-5 and R-4A districts.
e. The lot shall only have vehicular access from an arterial or collector street.
19. Model homes and/or subdivision sales offices when located in model homes; provided, that:
a. Model homes are permitted subject to the following:
(1) A developer of a single-family subdivision shall be allowed to build model homes prior to recording a subdivision plat, subject to the provisions below and subject to submitting a model complex site plan which shall show the following information for each model home lot:
(i) Street addresses for each model home as assigned by the Planning and Development Department.
(ii) Finished floor elevations for each model home as assigned by the Division of Engineering.
(2) Proposed lots for model homes shall be in conformance with lot lines as shown on the approved preliminary plat.
(3) Each model home shall be located on each proposed lot in conformance with yard requirements of the district.
(4) The final plat is not required to have final approval prior to obtaining permits for model homes.
b. Model homes and/or subdivision sales offices shall be located in a subdivision or portion thereof which is owned by or held in trust for the subdivision developer proposing to erect the model homes and/or proposing to operate the sales office.
c. Subdivision sales offices and/or model homes shall be permitted for a period not to exceed 36 months from the date of approval for the sales offices and/or model homes.
d. The time limit allowed in Section 608.E.19.c for an additional 36 months shall be extended only upon securing a use permit.
e. The subdivision sales office shall be removed and the model homes shall be discontinued as model homes on or before the termination date set forth in Section 608.E.19.c or upon expiration of the extension granted by the Zoning Administrator pursuant to Section 608.E.19.d, or after six months following sale or occupancy of all lots in the subdivision other than the model homes, whichever comes first. Notwithstanding these provisions, the model home complex shall, subject to obtaining a use permit in accordance with the provisions of Section 307, be able to be used as off-site models after sale of 75 percent of the lots in the subdivision; provided, that the model home complex is within 400 feet of an arterial or collector street and that the use as off-site models shall not exceed, in combination with the use as on-site models, a total of 72 months.
f. For the purposes of Sections 608.E.19.c and 608.E.19.d, the term "subdivision" shall mean all the land included within the preliminary plat submitted to the Planning and Development Department.
g. Subdivision sales offices in buildings other than model homes may be permitted subject to the following standards to be reviewed and approved by the Planning and Development Department:
(1) One trailer per subdivision;
(2) Trailer shall be removed upon occupancy of first model home or within six months of approval (whichever occurs first);
(3) Signs shall not exceed six square feet;
(4) Subject to all provisions listed in Section 608.E.19.a.
h. Modular subdivision sales office, subject to the following criteria:
(1) The structure shall be integrated with, architecturally compatible to, and blend in color to the model homes approved for the subdivision, as determined by the Planning and Development Department.
(2) Modular subdivision sales offices shall be permitted for a period not to exceed 36 months from the date of approval for the sales offices.
(3) The time limit allowed in Section 608.E.19.h(2) for an additional 36 months shall be extended only upon securing a use permit.
(4) The modular subdivision sales office shall be removed on or before the termination date set forth in Section 608.E.19.h(2) or upon expiration of the extension granted by the Zoning Administrator or after six months following sale or occupancy of all lots in the subdivision other than the model homes, whichever comes first.
(5) For the purposes of this section, the term "subdivision" shall mean all of the land included within the preliminary plat submitted to the Planning and Development Department.
(6) Prior to issuance of any sales office permits, a site plan shall be approved by the Planning and Development Department for verification of setback conformance.
(7) Two signs are permitted. Signs shall not exceed a combined total of 32 square feet.
(8) One sales office shall be permitted for each model home complex allowed in accordance with Section 608.E.19.i.
i. More than one model home complex in a subdivision shall be permitted subject to the above standards and the following standards:
(1) A maximum of either six percent of the lots in the development or two lots, whichever is greater, may be used for model homes.
(2) The model home complexes shall be within 400 feet of an arterial or collector street.
(3) Temporary street closures and temporary fences over the public right-of-way shall be approved by the street transportation department.
(4) Off-street parking and circulation shall be dustproofed.
(5) Lighting shall be limited to security lighting of the model home complex.
If these standards cannot be met, the additional model home complex shall be subject to obtaining a use permit in accordance with the provisions of Section 307.
20. Public utility buildings and facilities when necessary for serving the surrounding territory are permitted in each district; provided, that no public business offices and no repair or storage facilities are maintained therein.
21. Churches or similar places of worship, including parish houses, parsonages, rectories, and convents and dormitories with no more than ten residents accessory thereto, are permitted in each district, except temporary tents or buildings. Athletic activities in conjunction with the above and on the same lot or contiguous lots may be permitted. All church uses are also considered "public assembly—residential" and are subject to Section 608.E.22.
a. Bingo may be operated as an accessory use on the premises of the church when conducted no more than two days a week. Fundraising events located on the same lot or contiguous lots shall be permitted, subject to the following requirements:
(1) The sponsoring, organizing and benefiting entities shall be nonprofit or religious organizations.
b. Events held entirely within a building or buildings shall not be further regulated; however, events to be conducted wholly or in part outdoors shall be subject to the following additional conditions:
(1) Any outdoor portion of the event must be located a minimum of 50 feet from a property line adjacent to a residential zoning district and a residential use.
(2) The event shall not be conducted between the hours of 10:00 p.m. and 5:00 a.m.
(3) The event shall not be conducted in such manner as to reduce the number of parking spaces required for any normal functions of the primary use which are held during the event.
(4) Lighting shall be so placed as to reflect the light away from adjacent residences.
c. Pocket shelters as accessory uses to churches or similar places of worship, subject to the following standards (and applicable Maricopa County and City of Phoenix health and safety regulations):
(1) A pocket shelter shall house no more than 12 unrelated persons. A pocket shelter may house up to 20 unrelated persons upon approval of a use permit in accordance with the procedures and standards of Section 307. Minors (age 18 years or younger) accompanied by a parent or a guardian shall not be counted in the number of unrelated persons.
(2) The church or similar place of worship shall be located on an arterial or collector street as defined on the street classification map. A shelter at a church or similar place of worship which is not on an arterial or collector street shall be permitted upon approval of a use permit in accordance with the procedures and provisions of Section 307.
(3) The church or similar place of worship shall provide on-site supervision of shelter residents at all times that two or more unrelated residents are at the shelter.
(4) Drug, alcohol, other substance abuse, or mental health rehabilitation programs shall not be allowed as part of the shelter services. This provision shall not prevent the church or similar place of worship from referring shelter residents to other appropriate programs at the church or similar place of worship or elsewhere, e.g., Alcoholics Anonymous, which are not part of the shelter services.
(5) Shelter residents shall not possess alcohol, weapons, or illegal drugs at the shelter.
(6) Open areas surrounding pocket shelter structures shall be screened from view from abutting and/or adjoining properties by hedges, trees, other landscaping, or walls.
(7) Pocket shelter structures shall not have direct access to abutting and/or adjoining properties.
(8) Pocket shelters shall be housed in permanent structures rather than in tents or other similar temporary structures.
(9) A church or similar place of worship shall house no more than one pocket shelter.
22. Public Assembly—Residential. A use permit shall be required for all public assembly—residential uses having vehicular access to local or minor collector streets, including private schools and church uses.
23. Environmental remediation facility, subject to the following conditions:
a. A use permit shall be obtained in accordance with Section 307.
b. The above ground area of land occupied by the environmental remediation facility shall not exceed the minimum number of square feet necessary to implement the remedial or corrective action.
c. All structures and devices constructed above ground level shall be shielded from the view of persons outside the property boundary by an opaque fence constructed of materials of similar composition and appearance to fences and structures on nearby property.
d. Outdoor equipment installed as part of the final environmental remediation facility shall not exceed a height of ten feet and shall be set back from the perimeter wall a minimum of three feet for every one foot of height over six feet.
e. After installation, no equipment or materials beyond that necessary to operate the facility shall be stored on the lot.
f. A perimeter landscaping plan shall be approved by the Planning and Development Department as necessary unless an applicable approved landscape plan already exists.
g. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. Noise, odor, or vibration shall not be emitted any time by the facility so that it exceeds the general level of noise, odor, or vibration emitted by uses outside the site. Such comparison shall be made at the boundary of the lot on which the facility is located.
h. The facility shall comply with all applicable provisions of the fire code.
i. A permit issued under Section 307 shall include reasonable restrictions on the operation of the facility to mitigate any adverse impacts on nearby land, including but not limited to restrictions on vehicular traffic and hours of operation of the facility.
j. This section allows authorization of activities to undertake all on-site investigative, construction, and maintenance activities ancillary to the operation of the facility. All off-site discharges of any substance shall be separately authorized pursuant to applicable laws.
k. The structures used for the facility shall not exceed a total area of 5,000 square feet.
24. Community Garden. Accessory sales of products cultivated on site within ten days of harvesting subject to approval of a use permit pursuant to Section 307. On-site operational conditions and improvements may be stipulated as a condition of use permit approval.
25. Farmers’ market, subject to obtaining a use permit in accordance with the provisions of Section 307 and subject to the following standards:
a. No more than six one-day market events in any 30-day period.
b. Hours of operation shall be only between 7:00 a.m. and 9:00 p.m. These hours may be restricted as part of the use permit approval.
c. No signage shall be permitted.
d. On-site improvements and other operational conditions may be stipulated as a condition of use permit approval.
26. Construction facilities and storage, incidental to a construction project and located on the project site, are permitted. When such facilities or storage are used for construction on a lot or lots other than the lot or lots used for such facilities or storage, such use shall maintain the setbacks provided by the requirements of this chapter and shall be subject to securing a use permit. When such facilities and storage serve a residential subdivision, are approved in conjunction with model homes by the Planning and Development Department, and meet all of the standards listed below, no use permit is required:
a. The facilities shall not be placed on a lot which abuts, joins at the corners, or is across a street or alley from a dwelling unit which is under construction or occupied at the time of said placement, unless written agreement to the placement is given by the owner or occupant of the affected property.
b. All outside storage shall be screened by a six-foot-high solid fence or masonry wall. No construction vehicles or machinery shall be placed within ten feet of the screen fence or wall.
c. All signs on the facility shall fully comply with Section 705, the sign code.
d. All facilities and storage shall be removed within three months of the closure of the model homes.
27. Home occupations including but not limited to architect, lawyer, off-site sales businesses, accountant, real estate agent, telemarketing sales, and psychologist. For purposes of this section, off-site sales means processing orders by mail, facsimile, phone, modem or internet.
a. No one outside the family residing in the dwelling unit shall be employed in the home occupation.
b. No exterior display, no exterior storage of materials, no sign, and no other exterior indication of the home occupation or variation from the residential character of the principal or accessory building, except as authorized in Section 608.E.27.h.
c. No home occupation shall emit odor, dust, gas, noise, vibration, smoke, heat, or glare beyond any boundary of the lot on which the home occupation is conducted.
d. Activity shall be limited to the hours between 7:00 a.m. and 10:00 p.m.
e. No mechanical equipment shall be used except that normally used for domestic, hobby, standard office, or household purposes.
f. Not more than 25 percent of the total area under roof on the site shall be used for any home occupation.
g. Any parking incidental to the home occupation shall be provided on the site.
h. Home occupations shall obtain a use permit from the Zoning Administrator in accordance with Section 307 when:
(1) Traffic (other than trips by occupants of the household) is generated by the home occupation; or
(2) The home occupation is conducted in an accessory building, including an ADU; or
(3) The home occupation is conducted as an outside use; or
(4) Minor variations to Section 608.E.27.c are required to conduct the home occupation; or
(5) An applicant desires an official approval of a home occupation.
i. A home occupation shall not include, but such exclusion shall not be limited to, the following uses:
(1) Barbershops and beauty parlors.
(2) Commercial stables, veterinary offices.
(3) Dog grooming.
(4) Massage parlors.
(5) Restaurants.
(6) Veterinary hospitals and commercial kennels.
28. Nondaily newspaper delivery service shall be permitted subject to the following limitations:
a. Delivered bulk materials related to nondaily publications shall be transferred to an enclosed building or secured area so that materials are not visible from the street or adjacent properties unless for preparation of materials for same day distribution. Preparation of materials for same day distribution may occur on or about adjacent public rights-of-way; provided, that materials do not remain in public view for longer than 24 hours.
b. Materials stored for periods greater than 24 hours shall be enclosed within a building or secured by a wall or fence of such material, construction, and height so as to conceal the materials located.
c. Activities relating to and/or accessory to the preparation of materials stored for periods greater than 24 hours shall occur within an enclosed building or an area secured by a wall or fence of such material, construction, and height so as to completely conceal the activities.
d. Such delivery shall be limited to two bulk deliveries in a seven-day period. More frequent deliveries shall require a use permit in accordance with the procedures of Section 307.
e. No traffic other than that required for the bulk delivery and pickup shall be allowed by outside employees. Any other business-related traffic shall require a use permit in accordance with the procedures of Section 307.
29. The display for sale of a vehicle, which for purposes of this subsection includes trailers, watercraft or other types of transportation that are built to carry passengers or cargo, shall be subject to the following restrictions:
a. No more than one vehicle can be labeled for sale or show any indication that it is for sale at any given time on a property, whether visible on site or through some other form of advertising.
b. No more than two vehicles can be sold on a property during any calendar year.
c. For purposes of Sections 608.A and 608.B, two jet skis, a boat or similar types of recreational vehicles that are transported on one trailer shall, together with the trailer, be considered one vehicle.
d. The ownership of the vehicle(s) must be registered to the location where the vehicle is listed for sale.
e. No vehicle can be labeled for sale or show any indication that it is for sale at an unoccupied house or on a vacant lot or parcel.
f. No vehicle can be labeled for sale or show any indication that it is for sale in conjunction with a retail or wholesale vehicle sales dealership or business without obtaining a temporary use permit.
30. Facilities for household pets, the maintenance of which is not otherwise prohibited by statute, regulations, or the City Code of the City of Phoenix and which facilities are in compliance with all applicable ordinances of the City of Phoenix, are permitted.
31. Garage or yard sales may be conducted twice every 12 months on any residentially zoned property occupied by a dwelling unit. Any sale shall not exceed the time period of three consecutive days.
32. Materials used in conjunction with a hobby, avocation, or pastime, the use of which does not otherwise conflict with the provisions of this chapter, are permitted.
33. Parking of vehicles in facilities and locations on the property not otherwise in conflict with the provisions of this ordinance, is permitted.
34. Private tennis or outdoor game courts as an accessory use are permitted. Tennis or outdoor game court fences over six feet high in required rear yard or required side yard are permitted subject to a use permit. Tennis or outdoor game court lights are also subject to a use permit.
35. Off-site manufactured home developments are permitted with use permit approval per Section 307, and subject to the development regulations provided in Section 608.J.
F. General Development Regulations.
1. No structure may be built on a lot which does not front on a street which is in accordance with the adopted street classification map and the provisions of Section 714, Future Width Lines, unless exempted by this section.
2. In any district where a half street not less than one-half of that width prescribed for that street by the street classification map, and amendments thereto, has been dedicated, any lots facing or siding on such half street from which side the required width of dedication has been made shall be deemed to have frontage on a street.
3. No permit shall be issued for buildings on a lot fronting on a half street of less than that prescribed by the street classification map for an arterial or collector street or 25 feet for all other streets unless the lot is part of a platted subdivision which was approved with modified street standards.
4. There shall be no outdoor storage of personal property visible beyond the boundaries of the property within any front or side yard.
5. No accessory use shall include outdoor display or storage of any of the following listed items when such items are visible or emit odor, dust, gas, noise, vibration, smoke, heat or glare beyond any boundary of the lot on which such items are displayed or stored:
a. Any building or landscaping materials.
b. Any machinery, parts, scrap, or appliances.
c. Vehicles which are unlicensed, inoperable, or registered to or owned by persons not residing on or the guest of persons residing on the premises.
d. Any other chattel used for or intended for a commercial purpose or ultimate use on other than the subject premises.
G. Development Options. Each residential zoning district (RE-35, R1-18, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-5, and R-4A) provides development standards specific to that zoning district. Additionally, different sets of development standards ("development options") are provided within certain zoning districts.
1. General Requirements.
a. Development of any parcel or land shall be in accordance with the development standards set forth for a single development option.
b. A development option for a property is considered established if one of the following is true:
(1) A preliminary or final site plan has been approved for a property and is still considered valid per the provisions of Section 507.K.6.
(2) The property has structures for which building permits were issued in compliance with standards for a development option which was valid at the time of permit issuance.
(3) The property is part of a platted and recorded subdivision (also see subsection G.2 below).
c. If a development option has already been established for a property, subsequent development or redevelopment of the property must comply with the standards applicable to the established development option unless use permit approval per Section 307 is obtained, with the following exceptions:
(1) The property has been rezoned per Section 506 (base zoning only; does not include height or density waivers, special permits, or addition of overlay districts); or
(2) The property is a previously platted subdivision and the entire subdivision is to be replatted; or
(3) The property is located within the Infill Development District and is being platted as a Single-Family Infill (SFI) Subdivision; or
(4) The property is part of a master plat such as: state plats; agricultural/ranching subdivisions; plats used to make dedications and create development blocks within master-planned developments; or other atypical subdivision plats as approved by the Zoning Administrator.
d. If a development option has never been established for a property, any applicable development option may be chosen.
2. Platted subdivision lots shall comply with the standards applicable to the development option stated in the title of the plat, as follows:
a. Developments having an approved final site plan or approved setback exhibit on file with the Planning and Development Department may instead choose to apply the standards approved per the plan/exhibit, if different from current standards. However, any amendment to a final site plan or setback exhibit shall be in accordance with current development options and standards.
b. Plats titled "Standard," "Subdivision," "Conventional," or having no reference to a development option shall be subject to the development regulations of the Standard option.
c. Plats titled "Average Lot" or "Planned Residential Development" shall be subject to the development regulations of the Planned Residential Development option.
d. Plats titled "Single-Family Attached" or "Single-Family Infill" shall be subject to the development regulations of the Planned Residential Development option, in addition to the standards of Section 608.I.
e. Plats titled "Planned Area Development" shall be subject to the provisions of Section 635 when zoned PAD-1 through PAD-15. Other plats with the same title but not zoned PAD-1 through PAD-15 shall be subject to the development regulations of the Planned Residential Development option, or the base regulations of the district if the PRD option is not offered.
f. For other plat titles not identified within this section, the Zoning Administrator shall determine the applicable development option and regulations.
3. Standard Option. When a zoning district provides multiple development options, the development regulations for the Standard option are identified in the associated development standards table for that district. If only one set of development standards is provided for a zoning district, those standards shall be considered the Standard option.
4. Planned Residential Development (PRD) Option. When the Planned Residential Development option is utilized for a Subdivision and/or development, a site plan must be submitted, reviewed, and approved in accordance with Section 507. The site plan shall illustrate compliance with all of the development standards for the PRD option.
H. Bonus Provisions.
1. Single-Family Subdivision Density Bonus. When utilizing the Planned Residential Development option, single-family subdivisions in the RE-35, R1-18, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, and R-5 districts may earn increased density as shown in Table 608.H.1 by providing site amenities and enhancements from Table 608.H.2, up to the maximum density permitted by the district:
Table 608.H.1. Permissible Density Bonus by District
Table 608.H.2. Single-Family Subdivision Amenity Bonus Points
Bonus Points | Category | |
|---|---|---|
Perimeter/Backup Treatment | ||
10 pts. | 1. | Increase common landscaped setback adjacent to perimeter street to a minimum 20 feet. |
10 pts./feature | 2. | Provide a major entry feature with a minimum 1,500 sq. ft. of landscaped area (exclusive of perimeter landscaping and right-of-way). |
5 pts./feature | 3. | Provide a minor entry feature with a minimum 1,000 sq. ft. of landscaped area (exclusive of perimeter landscaping and right-of-way). |
20 pts. | 4. | Provide detached sidewalks separated from the curb by a minimum 5-foot-wide planting area. Planting area shall be planted with minimum 24-inch box size trees planted at a rate of 1 per lot, turf or 5, 5-gallon shrubs for every tree and ground cover; and supplied with an adequate irrigation system. |
10 pts. | 5. | Provide landscaping and irrigation for all front yards within the development which shall include a minimum of 1 24-inch box tree, 5, 5-gallon shrubs, and ground cover. |
5 pts. | 5A. | Receive an additional 5 bonus points for each additional tree (minimum 15-gallon). |
10 pts. | 6. | Provide partial treatment of paving surfaces for driveways and on-lot sidewalks. Partial treatment shall consist of consistent accent treatment for all like features, e.g., intersections, crosswalks, borders. |
10 pts. | 7. | Provide partial treatment of paving surfaces for all private streets. Partial treatment shall consist of consistent accent treatment for all like features, e.g., intersections, crosswalks, borders. |
10 pts. | 8. | Provide partial treatment of paving surfaces for all private sidewalks. Partial treatment shall consist of consistent accent treatment for all like features, e.g., intersections, crosswalks, borders. |
2 pts./feature | 9. | Provide landscaped median islands. |
5 pts. | 10. | Provide a comprehensive street furniture package consisting of custom street signs, bus shelters and benches. |
5 pts. | 11. | Provide custom streetlight standards and/or fixtures. |
Architectural Design | ||
25 pts. | 12. | Provide a comprehensive streetscape plan, development agreement or other means which shall address visual interest at a pedestrian scale; rhythm, form and massing; and relationship of units to each other for the entire subdivision. Such plan shall provide elevations, color options, and limit which model(s)/elevation(s) may or may not be sited on individual lots. |
25 pts. | 13. | Provide house plans which demonstrate an enhanced level of architectural design as approved by the design advisor. |
10 pts. | 14. | Provide premium grade exterior materials and finishes as approved by the design advisor. |
2 pts. | 15. | Provide additional common open space, such that each additional 1% of common open space earns 2 bonus points. |
10 pts./feature | 16. | Provide major private recreational amenities (e.g., tennis courts, pool, community meeting room). |
5 pts./feature | 17. | Provide minor private recreational amenities (e.g., bikepath or multi-use trail which provide an internal linkage within the development as well as a connection to similar facilities located at the perimeter of the site). |
2. Multi-Family Open Space Bonus. When utilizing the planned residential option, multi-family developments in the R-2, R-3, R-3A, R-4, and R-5 districts may earn a one percent density bonus for each two percent of common open space provided in addition to any other open space required for the development.
a. The Planning and Development Department shall determine the adequacy of common open space as part of the development review process. Open space shall not include:
(1) Public right-of-way.
(2) Vehicular drives or parking areas.
(3) Private patio areas, narrow strips between or in front of units; or, in general, areas reserved for the exclusive use of individual tenants.
(4) Required setback areas at the exterior boundaries of the site.
(5) Golf courses.
b. In no case shall the density of the development exceed the maximum density allowed by the district.
3. Affordable Housing Incentives. In order to overcome a demonstrated deficiency in the supply of housing for persons of low income, incentives are established to foster the provision of such housing.
a. Applicability. All development located within a zoning district subject to the provisions of Section 608 providing affordable housing as defined in Section 202.
b. Density Bonus.
(1) One additional unit shall be allowed for every two affordable housing units; provided, that the overall project density does not exceed ten percent beyond that which would otherwise be allowed.
(2) A density bonus awarded per this section shall apply to the maximum density for any district and may be in addition to a density bonus earned per the provisions of Section 608.H.1 or 608.H.2.
c. Other Requirements. The total number of units within a project shall be as approved by the Housing Department.
I. Single-Family Infill (SFI) Subdivisions.
1. Applicability. The Single-Family Infill regulations of this section shall apply to subdivisions meeting all of the following criteria:
a. The subdivision is not zoned HP or HP-L, nor designated as historic on the National Register of Historical Places.
b. The subdivision is zoned R-2, R-3, R-3A, R-4, R-5, R-4A, C-1, C-2, C-3, DTC, or WU Code;
c. The subdivision either utilizes the Planned Residential Development (PRD) option, or the district specifically states that an SFI subdivision may be developed per the provisions of this section;
d. The subdivision is either located within the Infill Development District identified in the General Plan, or the subdivision is located within the area identified as "applicable area for Single-Family Infill Development" shown in Figure 608.I.1 and has obtained use permit approval; and
e. For existing subdivisions recorded prior to 2024 only: The plat has the subtitle "a Single-Family Attached Subdivision"; "a Single-Family Infill Subdivision"; "Single-Family Attached Development Option"; or another analogous subtitle as determined by the Zoning Administrator.
Figure 608.I.1. Single-Family Infill Subdivision Development Areas
2. Special Planning Areas. Where conflicts occur between the requirements of this section and redevelopment areas, overlay zoning districts, special planning districts, and specific plans, the requirements of the overlay zoning districts, special planning districts, redevelopment areas or specific plans shall apply.
3. SFI Development Standards.
a. The following table provides modified development standards to be applied to an SFI subdivision developed under the Planned Residential Development option:
Table 608.I.3. Modified PRD Development Standards for Single-Family Infill Subdivisions
(1) | Lot width (minimum) | 20 feet |
(2) | Lot depth (minimum) | None |
(3) | Development density (maximum) | Same as base zoning district |
(4) | Subdivided lots (maximum) | Same as base zoning district |
(5) | None | |
(6) | Garage door/carport entry setback (minimum) | Three feet |
(7) | Per Section 701.A.3.c | |
(8) | Perimeter street, front: 10 feet Perimeter street, side: 15 feet Perimeter street, rear: Per Section 608.I.4.d Other perimeter: 10 feet | |
(9) | Perimeter street landscape setbacks (minimum) | 10 feet, required to be community/association maintained. May be provided as part of the required building setback. |
(10) | Building height (maximum) | Per Section 608.I.3.b |
(11) | Lot coverage (maximum) | Individual lots: No maximum |
(12) | Common open space (minimum) | Same as base zoning district |
(13) | Per Section 608.I.7 | |
(14) | Other applicable regulations: | Subdivisions: Chapter 32, City Code Design review: Section 507 Tab A Bonus: Section 608.H |
b. Maximum Building Height.
(1) In all districts, there shall be a 15-foot maximum height within ten feet of a single-family zoning district, which height may be increased one foot for each additional one foot of building setback to the maximum permitted height.
(2) For properties zoned R-5, the maximum permitted height is 48 feet.
(3) For properties zoned DTC, the maximum height shall be as permitted by the applicable character area.
(4) For properties zoned WU Code, the maximum height shall be as permitted by the applicable transect.
(5) In all other districts, the maximum permitted height is 40 feet within 150 feet of the development perimeter, with a one-foot height increase permitted for each additional one-foot setback to a maximum permitted height of 48 feet.
c. All other development regulations for the underlying zoning district are applicable unless specifically modified by the provisions of this section.
4. Single-Family Infill Design Review Requirements.
a. Individual units fronting on street rights-of-way shall provide a front entry that is either elevated, depressed or includes a feature such as a low wall to accentuate the primary entrance. (R*)
b. Required parking spaces shall not front on or be accessed from a perimeter street. (R*)
c. Front-facing garage doors and carports shall be no wider than 50 percent of width of the building envelope as measured at the minimum required front setback. (R*)
d. No rear property line of any lot in an SFI subdivision shall abut either a perimeter street or an associated perimeter street landscape setback area. (R*)
e. Attached dwelling units constructed in a row shall not exceed a total length of 200 feet without having a minimum 20-foot-wide open area. (R*)
5. Landscape Requirements.
a. Trees shall be provided in required landscape setbacks at a minimum rate of 20 feet on center or equivalent groupings, as approved by the PDD landscape architect, subject to the following: (T)
(1) Fifty percent of the required trees shall be minimum one-and-one-half-inch caliper at the time of installation.
(2) Twenty-five percent of the required trees shall be minimum two-inch caliper or multi-trunked trees at the time of installation.
(3) Twenty-five percent of the required trees shall be minimum three-inch caliper or multi-trunked trees at the time of installation.
b. A minimum of five, five-gallon shrubs per tree shall be provided. (T)
6. Parking Requirements. Section 702 applies to SFI development, except where specifically modified by this section.
a. A minimum of one covered parking space per dwelling unit must be provided on the same lot as the unit for which it is provided.
b. Covered parking setbacks are not required to be larger than the building setbacks required for the dwelling unit.
c. A minimum 0.25 additional unreserved guest parking space per dwelling unit must be provided within any SFI development.
7. Vehicular Access and Maneuvering.
a. All maneuvering for on-site parking must be located on private property and not within public right-of-way. (T)
b. Access to an SFI subdivision from a public street or private accessway is permitted. (T)
c. Access to an SFI subdivision from an alley is permitted when located within the Infill Development District and the Street Transportation Department has approved minimum width and minimum paving standards for the alley. (T)
d. Access to an SFI subdivision from an alley is permitted when located within the area identified as "applicable area for Single-Family Infill Development" shown in Figure 608.I.1, with the following conditions:
(1) The SFI subdivision is not located across the alley from either a single-family or HP zoning district. (R)
(2) The Street Transportation Department has approved minimum width and minimum paving standards for the alley. (T)
e. Individual lots may front on a public street, private accessway, or private drive, as approved by the City to allow for sufficient maneuvering and public utility access. (T)
8. Walls/Fences.
a. The maximum wall/fence height permitted within required perimeter landscape setbacks is 40 inches. (R*)
b. The maximum wall/fence height permitted within required open space areas is 40 inches, with the exception of required pool fences and other necessary view fences, as approved by PDD. (R*)
9. Signage. Signage is subject to the regulations of Section 705, Table D-1, Single-Family Residential.
J. Off-Site Manufactured Home Developments. Off-site manufactured home development is subject to use permit approval in the C-1, C-2, and C-3 districts, in addition to zoning districts indicated in Section 608.D; and subject to the following additional development regulations:
1. The provisions of Section 703.B do not apply to off-site manufactured home developments.
2. These regulations apply to development of a single lot or parcel, not to be further subdivided.
3. Placement for each off-site manufactured home shall be provided as follows:
a. There shall be a minimum of 20 feet between off-site manufactured homes and ten feet between awnings and canopies. All annexes or structural additions shall be considered part of the off-site manufactured home.
b. There shall be at least 40 feet between off-site manufactured homes on opposite sides of a private accessway.
c. No off-site manufactured home, annex or structural addition shall be closer than eight feet to any private accessway or private drive.
4. Each off-site manufactured home space shall have private outdoor living space of at least 150 square feet. The dimension of this space shall be at least 15 feet in width.
5. At each occupied off-site manufactured home space, there shall be an enclosed storage locker for yard tools and other bulky items convenient to the space with a storage capacity of at least 150 cubic feet.
6. All areas not covered by structures or paved surfaces shall be landscaped and maintained in accordance with the approved development review documents required under Section 507.
7. Screening the perimeter of an off-site manufactured home development by a wall or other approved material may be required as a condition of use permit approval.
8. There shall be a network of pedestrian walkways connecting off-site manufactured home spaces with each other and with development facilities and amenities.
9. If storage yards are provided, there shall be a screened storage yard or yards for boats, recreational vehicles, etc. Such storage yards shall have a minimum of 60 square feet of storage space for each off-site manufactured home space in the development and shall be located so as to not detract from surrounding properties. All boats and recreational vehicles shall be parked in the storage yard.
10. Each off-site manufactured home shall (1) be affixed permanently to the ground or (2) have skirting around its perimeter to screen its wheels and undercarriage.
11. All utilities and the wires of any central television or radio antenna system shall be underground.
12. Not more than 15 percent of the spaces in any one off-site manufactured home development shall be developed or used for recreational vehicles.
13. Development of off-site manufactured home communities shall be under the Planned Residential Development option applicable in the underlying zoning district.
14. Private drives may be used for access to each off-site manufactured home.
15. There shall be a minimum of five percent of the total area of the off-site manufactured home development dedicated or reserved as usable common open space land. Common open space lands shall be clearly designated on the plan as to the character of use and development but shall not include:
a. Areas reserved for the exclusive use or benefit of an individual tenant or owner; nor
b. Dedicated streets, alleys, and other public rights-of-way; nor
c. Vehicular drives, parking, loading, and storage areas; nor
d. Required setback areas at exterior boundaries of the site; nor
e. Golf courses.
Adequate guarantees must be provided to ensure permanent retention of open space land area resulting from the application of these regulations, either by private reservation for the use of the residents within the development or by dedication to the public, or a combination thereof.
Section 609. RE-35 Single-Family Residence District.
A. Purpose. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. Many of these dwellings are thereby located on relatively large urban or suburban lots.
These regulations provide standards for dwellings built at low and moderate densities. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits.
B. District Regulations. The following table establishes standards to be used in the RE-35 district. Refer to Section 608, Residential Districts, for permitted uses and additional development regulations.
Illustrations of Development Options
Table 609.1. RE-35 Development Standards
Category | (A) Standard Option | (B) | |
|---|---|---|---|
(1) | Lot width (minimum) | 150 feet | None. |
(2) | Lot depth (minimum) | 175 feet | None. |
(3) | Development density (maximum) | 1.2 PDU/AC (gross) | 1.2 PDU/AC (gross); 1.5 with bonus |
(4) | Subdivided lots (maximum) | 1.2 lots/AC (gross) | 1.2 lots/AC (gross); 1.5 with bonus |
(5) | Front: 40 feet Rear: 40 feet Sides: 20 feet | Front: 25 feet Rear: none Street side: 10 feet Interior sides: none | |
(6) | Garage door/carport entry setback (minimum) | ||
(7) | Per Section 701.A.3.a | Per Section 701.A.3.b | |
(8) | None | Perimeter street: 40 feet. Other property line: 20 feet. | |
(9) | Perimeter street landscape setback (minimum) | None | 20 feet, except none on lots which front on a perimeter street. May be provided as part of the required building setback. |
(10) | Building height (maximum) | 2 stories and 30 feet | 2 stories and 30 feet |
(11) | Lot coverage (maximum) | 25%, except if all structures are less than 20 feet and 1 story in height then a maximum of 40% lot coverage is allowed. | 40% total for development |
(12) | Common open space (minimum) | None | 5% of gross area |
(13) | |||
(14) | Other applicable regulations: | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Bonus: Section 608.H |
Section 610. R1-18 Single-Family Residence District.
A. Purpose. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. Many of these dwellings are thereby located on relatively large urban or suburban lots.
These regulations provide standards for dwellings built at low and moderate densities. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits.
B. District Regulations. The following table establishes standards to be used in the R1-18 district. Refer to Section 608, Residential Districts, for permitted uses and additional development regulations.
Illustrations of Development Options
Table 610.1. R1-18 Development Standards
Category | (A) Standard Option | (B) | |
|---|---|---|---|
(1) | Lot width (minimum) | 130 feet | None. |
(2) | Lot depth (minimum) | 120 feet | None. |
(3) | Development density (maximum) | 2.0 PDU/AC (gross) | 2.0 PDU/AC (gross); 2.5 with bonus |
(4) | Subdivided lots (maximum) | 2.0 lots/AC (gross) | 2.0 lots/AC (gross); 2.5 with bonus |
(5) | Front: 25 feet Rear: 30 feet Sides: 10 feet | Front: 25 feet Rear: none Street side: 10 feet Interior sides: none | |
(6) | Garage door/carport entry setback (minimum) | ||
(7) | Per Section 701.A.3.a | Per Section 701.A.3.b | |
(8) | None. | Perimeter street: 20 feet. Other property line: 15 feet. | |
(9) | Perimeter street landscape setback (minimum) | None. | 15 feet, except none where lots front on perimeter street. May be provided as part of the required building setback. |
(10) | Building height (maximum) | 2 stories and 30 feet | 2 stories and 30 feet |
(11) | Lot coverage (maximum) | 30%, plus an additional 10% for an ADU and/or attached shade structures Total: 40% | 40% total for development |
(12) | Common open space (minimum) | None | 5% of gross area |
(13) | |||
(14) | Other applicable regulations: | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Bonus: Section 608.H |
Section 611. R1-10 Single-Family Residence District.
A. Purpose. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. Many of these dwellings are thereby located on relatively large urban or suburban lots.
These regulations provide standards for dwellings built at low and moderate densities. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits.
B. District Regulations. The following table establishes standards to be used in the R1-10 district. Refer to Section 608, Residential Districts, for permitted uses and additional development regulations.
Illustrations of Development Options
Table 611.1. R1-10 Development Standards
Category | (A) Standard Option | (B) | |
|---|---|---|---|
(1) | Lot width (minimum) | 80 feet | None. |
(2) | Lot depth (minimum) | 94 feet | None. |
(3) | Development density (maximum) | 3.5 PDU/AC (gross) | 3.5 PDU/AC (gross); 4.5 with bonus |
(4) | Subdivided lots (maximum) | 3.5 lots/AC (gross) | 3.5 lots/AC (gross); 4.5 with bonus |
(5) | Front: 25 feet Rear: 25 feet Street side: 10 feet Interior sides: 10 feet and 3 feet | Front: 10 feet Rear: none Street side: 10 feet Interior sides: none | |
(6) | Garage door/carport entry setback (minimum) | Front: 18 feet | |
(7) | Per Section 701.A.3.a | Per Section 701.A.3.b | |
(8) | None. | Perimeter street: 20 feet. Other property line: 15 feet. | |
(9) | Perimeter street landscape setback (minimum) | None. | 15 feet, except none on lots which front on a perimeter street. May be provided as part of the required building setback. |
(10) | Building height (maximum) | 2 stories and 30 feet | 3 stories and 30 feet |
(11) | Lot coverage (maximum) | 50%, plus an additional 10% for an ADU and/or attached shade structures Total: 60% | 60% total for development |
(12) | Common open space (minimum) | None. | 5% of gross area |
(13) | |||
(14) | Other applicable regulations: | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Bonus: Section 608.H |
Section 612. R1-8 Single-Family Residence District.
A. Purpose. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. Many of these dwellings are thereby located on relatively large urban or suburban lots.
These regulations provide standards for dwellings built at low and moderate densities. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits.
B. District Regulations. The following table establishes standards to be used in the R1-8 district. Refer to Section 608, Residential Districts, for permitted uses and additional development regulations.
Illustrations of Development Options
Table 612.1. R1-8 Development Standards
Category | (A) Standard Option | (B) | |
|---|---|---|---|
(1) | Lot width (minimum) | 70 feet | None. |
(2) | Lot depth (minimum) | 94 feet | None. |
(3) | Development density (maximum) | 4.5 PDU/AC (gross) | 4.5 PDU/AC (gross); 5.5 with bonus |
(4) | Subdivided lots (maximum) | 4.5 lots/AC (gross) | 4.5 lots/AC (gross); 5.5 with bonus |
(5) | Front: 20 feet Rear: 25 feet Street side: 10 feet Interior sides: 10 feet and 3 feet | Front: 10 feet Rear: none Street side: 10 feet Interior sides: none | |
(6) | Garage door/carport entry setback (minimum) | Front: 18 feet | |
(7) | Per Section 701.A.3.a | Per Section 701.A.3.b | |
(8) | None. | Perimeter street: 20 feet. Other property line: 15 feet. | |
(9) | Perimeter street landscape setback (minimum) | None. | 15 feet, except none where lots front on perimeter street. May be provided as part of the required building setback. |
(10) | Building height (maximum) | 2 stories and 30 feet | 3 stories and 30 feet |
(11) | Lot coverage (maximum) | 50%, plus an additional 10% for an ADU and/or attached shade structures Total: 60% | 60% total for development |
(12) | Common open space (minimum) | None. | 5% of gross area |
(13) | |||
(14) | Other applicable regulations: | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Bonus: Section 608.H |
Section 613. R1-6 Single-Family Residence District.
A. Purpose. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. Many of these dwellings are thereby located on relatively large urban or suburban lots.
These regulations provide standards for dwellings built at low and moderate densities. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits.
B. District Regulations. The following table establishes standards to be used in the R1-6 district. Refer to Section 608, Residential Districts, for permitted uses and additional development regulations.
Illustrations of Development Options
Table 613.1. R1-6 Development Standards
Category | (A) Standard Option | (B) | |
|---|---|---|---|
(1) | Lot width (minimum) | 60 feet | None. |
(2) | Lot depth (minimum) | 94 feet | None. |
(3) | Development density (maximum) | 5.5 PDU/AC (gross) | 5.5 PDU/AC (gross); 6.5 with bonus |
(4) | Subdivided lots (maximum) | 5.5 lots/AC (gross) | 5.5 lots/AC (gross); 6.5 with bonus |
(5) | Front: 20 feet Rear: 25 feet Street side: 10 feet Interior sides: 10 feet and 3 feet | Front: 10 feet Rear: none Street side: 10 feet Interior sides: none | |
(6) | Garage door/carport entry setback (minimum) | Front: 18 feet | |
(7) | Per Section 701.A.3.a | Per Section 701.A.3.b | |
(8) | None. | Perimeter street: 20 feet. Other property line: 15 feet. | |
(9) | Perimeter street landscape setback (minimum) | None. | 15 feet, except none on lots which front on a perimeter street. May be provided as part of the required building setback. |
(10) | Building height (maximum) | 2 stories and 30 feet | 3 stories and 30 feet |
(11) | Lot coverage (maximum) | 50%, plus an additional 10% for an ADU and/or attached shade structures Total: 60% | 60% total for development |
(12) | Common open space (minimum) | None. | 5% of gross area |
(13) | |||
(14) | Other applicable regulations: | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Bonus: Section 608.H |
Section 614. R-2 Multi-Family Residence District.
A. Purpose. The purpose of the multi-family residence districts is to provide for alternate living styles including rental, condominiums and single ownership of land with multiple units thereon or single or attached townhomes.
The density ranges offered are intended to allow for a greater interaction of residents with at least the opportunity for less individual maintenance, unit cost, and size as compared with a conventional single-family residence.
Two development options, Standard and Planned Residential Development, are intended to provide flexibility as to unit placement, variable yard requirements, more reasonable and practical use of open spaces, staggered height limits up to three and four stories and more standardized parking and street improvement requirements. Bonus provisions are intended to facilitate and enhance the utilization of smaller infill parcels as well as unusual and irregular parcels throughout the City.
B. District Regulations. The following table establishes standards to be used in the R-2 district. Refer to Section 608, Residential Districts, for permitted uses and additional development regulations.
Illustrations of Development Options
Table 614.1. R-2 Development Standards
Category | (A) Standard Option | (B) | |
|---|---|---|---|
(1) | Lot width (minimum) | 60 feet | None |
(2) | Lot depth (minimum) | 94 feet | None |
(3) | Development density (maximum) | 10.0 PDU/AC (gross) | 10.5 PDU/AC (gross); 12.0 with bonus |
(4) | Subdivided lots (maximum) | 10.0 lots/AC (gross) | 10.5 lots/AC (gross); 12.0 with bonus |
(5) | Front: 20 feet Rear: 25 feet Street side: 10 feet Interior sides: 10 feet and 3 feet | Front: 10 feet Rear: none Street side: 10 feet Interior sides: none | |
(6) | Garage door/carport entry setback (minimum) | 18 feet front or street side | |
(7) | Per Section 701.A.3.a | Per Section 701.A.3.b | |
(8) | None | Perimeter street: 20 feet. Other property line: 15 feet. | |
(9) | Perimeter street landscape setback (minimum) | None | 15 feet, except none on lots which front on a perimeter street. May be provided as part of the required building setback. |
(10) | Building height (maximum) | 3 stories and 30 feet for first 150 feet from development perimeter; one foot height increase for each five feet in setback increase to maximum 4 stories and 48 feet high** | |
(11) | Lot coverage (maximum) | 50%, plus an additional 10% for an ADU and/or attached shade structures Total: 60% | 60% total for development |
(12) | Common open space (minimum) | None | 5% of gross area |
(13) | |||
(14) | Other applicable regulations: | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Multi-family: Section 703.B | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Multi-family: Section 703.B Bonus: Section 608.H; SFI subdivisions: Section 608.I |
**There shall be a 15-foot maximum height within ten feet of a single-family zoned district, which height may be increased one foot for each additional one foot of building setback to the maximum permitted height.
Section 615. R-3 Multi-Family Residence District.
A. Purpose. The purpose of the multi-family residence districts is to provide for alternate living styles including rental, condominiums and single ownership of land with multiple units thereon or single or attached townhomes.
The density ranges offered are intended to allow for a greater interaction of residents with at least the opportunity for less individual maintenance, unit cost, and size as compared with a conventional single-family residence.
Two development options, Standard and Planned Residential Development, are intended to provide flexibility as to unit placement, variable yard requirements, more reasonable and practical use of open spaces, staggered height limits up to three and four stories and more standardized parking and street improvement requirements. Bonus provisions are intended to facilitate and enhance the utilization of smaller infill parcels as well as unusual and irregular parcels throughout the City.
B. District Regulations. The following table establishes standards to be used in the R-3 district. Refer to Section 608, Residential Districts, for permitted uses and additional development regulations.
Illustrations of Development Options
Table 615.1. R-3 Development Standards
Category | (A) Standard Option | (B) | |
|---|---|---|---|
(1) | Lot width (minimum) | 60 feet | None |
(2) | Lot depth (minimum) | 94 feet | None |
(3) | Development density (maximum) | 14.5 PDU/AC (gross) | 15.5 PDU/AC (gross); 17.5 with bonus |
(4) | Subdivided lots (maximum) | 14.5 lots/AC (gross) | 15.5 lots/AC (gross); 17.5 with bonus |
(5) | Front: 25 feet Rear: 15 feet Street side: 10 feet Interior sides: 10 feet and 3 feet | Front: 10 feet Rear: none Street side: 10 feet Interior sides: none | |
(6) | Garage door/carport entry setback (minimum) | Front: 18 feet | |
(7) | Per Section 701.A.3.a | Per Section 701.A.3.b | |
(8) | None | Perimeter street: 20 feet. Other property line: 15 feet. | |
(9) | Perimeter street landscape setback (minimum) | None | 15 feet, except none on lots which front on a perimeter street. May be provided as part of the required building setback. |
(10) | Building height (maximum) | 3 stories and 30 feet for first 150 feet from development perimeter; One foot height increase for each five feet in setback increase to maximum 4 stories and 48 feet high** | |
(11) | Lot coverage (maximum) | 50%, plus an additional 10% for an ADU and/or attached shade structures Total: 60% | 60% total for development |
(12) | Common open space (minimum) | None | 5% of gross area |
(13) | |||
(14) | Other applicable regulations: | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Multi-family: Section 703.B | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Multi-family: Section 703.B Bonus: Section 608.H; SFI subdivisions: Section 608.I |
**There shall be a 15-foot maximum height within ten feet of a single-family zoned district, which height may be increased one foot for each additional one foot of building setback to the maximum permitted height.
Section 616. R-3A Multi-Family Residence District.
A. Purpose. The purpose of the multi-family residence districts is to provide for alternate living styles including rental, condominiums and single ownership of land with multiple units thereon or single or attached townhomes.
The density ranges offered are intended to allow for a greater interaction of residents with at least the opportunity for less individual maintenance, unit cost, and size as compared with a conventional single-family residence.
Two development options, Standard and Planned Residential Development, are intended to provide flexibility as to unit placement, variable yard requirements, more reasonable and practical use of open spaces, staggered height limits up to three and four stories and more standardized parking and street improvement requirements. Bonus provisions are intended to facilitate and enhance the utilization of smaller infill parcels as well as unusual and irregular parcels throughout the City.
B. District Regulations. The following table establishes standards to be used in the R-3A district. Refer to Section 608, Residential Districts, for permitted uses and additional development regulations.
Illustrations of Development Options
Table 616.1. R-3A Development Standards
Category | (A) Standard Option | (B) | |
|---|---|---|---|
(1) | Lot width (minimum) | 60 feet | None |
(2) | Lot depth (minimum) | 94 feet | None |
(3) | Development density (maximum) | 22.0 PDU/AC (gross) | 23.0 PDU/AC (gross); 26.5 with bonus |
(4) | Subdivided lots (maximum) | 22.0 lots/AC (gross) | 23.0 lots/AC (gross); 26.5 with bonus |
(5) | Front: 25 feet Rear: 15 feet Street side: 10 feet Interior sides: 10 feet and 3 feet | Front: 10 feet Rear: none Street side: 10 feet Interior sides: none | |
(6) | Garage door/carport entry setback (minimum) | Front: 18 feet | |
(7) | Per Section 701.A.3.a | Per Section 701.A.3.b | |
(8) | None | Perimeter street: 20 feet. Other property line: 15 feet. | |
(9) | Perimeter street landscape setback (minimum) | None | 15 feet, except none on lots which front on a perimeter street. May be provided as part of the required building setback. |
(10) | Building height (maximum) | 3 stories and 40 feet for first 150 feet from development perimeter; One foot height increase for each five feet in setback increase to maximum 4 stories and 48 feet high** | |
(11) | Lot coverage (maximum) | 50%, plus an additional 10% for an ADU and/or attached shade structures Total: 60% | 60% total for development |
(12) | Common open space (minimum) | None | 5% of gross area |
(13) | |||
(14) | Other applicable regulations: | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Multi-family: Section 703.B | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Multi-family: Section 703.B Bonus: Section 608.H; SFI subdivisions: Section 608.I |
**There shall be a 15-foot maximum height within ten feet of a single-family zoned district, which height may be increased one foot for each additional one foot of building setback to the maximum permitted height.
Section 617. R-4 Multi-Family Residence District.
A. Purpose. The purpose of the multi-family residence districts is to provide for alternate living styles including rental, condominiums and single ownership of land with multiple units thereon or single or attached townhomes.
The density ranges offered are intended to allow for a greater interaction of residents with at least the opportunity for less individual maintenance, unit cost, and size as compared with a conventional single-family residence.
Two development options, Standard and Planned Residential Development, are intended to provide flexibility as to unit placement, variable yard requirements, more reasonable and practical use of open spaces, staggered height limits up to three and four stories and more standardized parking and street improvement requirements. Bonus provisions are intended to facilitate and enhance the utilization of smaller infill parcels as well as unusual and irregular parcels throughout the City.
B. District Regulations. The following table establishes standards to be used in the R-4 district. Refer to Section 608, Residential Districts, for permitted uses and additional development regulations.
Illustrations of Development Options
Table 617.1. R-4 Development Standards
Category | (A) Standard Option | (B) | |
|---|---|---|---|
(1) | Lot width (minimum) | 60 feet | None |
(2) | Lot depth (minimum) | 94 feet | None |
(3) | Development density (maximum) | 29.0 PDU/AC (gross) | 30.0 PDU/AC (gross); 35.0 with bonus |
(4) | Subdivided lots (maximum) | 29.0 lots/AC (gross) | 30.0 lots/AC (gross); 35.0 with bonus |
(5) | Front: 20 feet Rear: 15 feet Street side: 10 feet Interior sides: 10 feet and 3 feet | Front: 10 feet Rear: none Street side: 10 feet Interior sides: none | |
(6) | Garage door/carport entry setback (minimum) | Front: 18 feet | |
(7) | Per Section 701.A.3.a | Per Section 701.A.3.b | |
(8) | None | Perimeter street: 20 feet. Other property line: 15 feet. | |
(9) | Perimeter street landscape setback (minimum) | None | 15 feet, except none on lots which front on a perimeter street. May be provided as part of the required building setback. |
(10) | Building height (maximum) | 3 stories and 40 feet for first 150 feet from development perimeter; One foot height increase for each five feet in setback increase to maximum 4 stories and 48 feet high** | |
(11) | Lot coverage (maximum) | 50%, plus an additional 10% for an ADU and/or attached shade structures Total: 60% | 60% total for development |
(12) | Common open space (minimum) | None | 5% of gross area |
(13) | |||
(14) | Other applicable regulations: | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Multi-family: Section 703.B | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Multi-family: Section 703.B Bonus: Section 608.H; SFI subdivisions: Section 608.I |
**There shall be a 15-foot maximum height within ten feet of a single-family zoned district, which height may be increased one foot for each additional one foot of building setback to the maximum permitted height.
Section 618. R-5 Multi-Family Residence District—Restricted Commercial.
A. Purpose. The purpose of the multi-family residence districts is to provide for alternate living styles including rental, condominiums and single ownership of land with multiple units thereon or single or attached townhomes.
The density ranges offered are intended to allow for a greater interaction of residents with at least the opportunity for less individual maintenance, unit cost, and size as compared with a conventional single-family residence.
Two development options, Standard and Planned Residential Development, are intended to provide flexibility as to unit placement, variable yard requirements, more reasonable and practical use of open spaces, staggered height limits up to three and four stories and more standardized parking and street improvement requirements. Bonus provisions are intended to facilitate and enhance the utilization of smaller infill parcels as well as unusual and irregular parcels throughout the City.
B. District Regulations—Residential Uses. The following table establishes standards to be used in the R-5 district. Refer to Section 608, Residential Districts, for permitted uses and additional development regulations.
Illustrations of Development Options
Table 618.1. R-5 Residential Development Standards
Category | (A) Standard Option | (B) | |
|---|---|---|---|
(1) | Lot width (minimum) | 60 feet | None |
(2) | Lot depth (minimum) | 94 feet | None |
(3) | Development density (maximum) | 43.5 PDU/AC (gross) | 45.5 PDU/AC (gross); 52.5 with bonus |
(4) | Subdivided lots (maximum) | 43.5 lots/AC (gross) | 45.5 lots/AC (gross); 52.5 with bonus |
(5) | Front: 20 feet Rear: 15 feet Street side: 10 feet Interior sides: 10 feet and 3 feet | Front: 10 feet Rear: none Street side: 10 feet Interior sides: none | |
(6) | Garage door/carport entry setback (minimum) | Front: 18 feet | |
(7) | Per Section 701.A.3.a | Per Section 701.A.3.b | |
(8) | None | Perimeter street: 20 feet. Other property line: 15 feet. | |
(9) | Perimeter street landscape setback (minimum) | None | 15 feet, except none on lots which front on a perimeter street. May be provided as part of the required building setback. |
(10) | Building height (maximum) | ||
(11) | Lot coverage (maximum) | 50%, plus an additional 10% for an ADU and/or attached shade structures Total: 60% | 60% total for development |
(12) | Common open space (minimum) | None | 5% of gross area |
(13) | |||
(14) | Other applicable regulations: | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Multi-family: Section 703.B | Subdivisions: Chapter 32, City Code; Design review: Section 507 Tab A; Multi-family: Section 703.B Bonus: Section 608.H; SFI subdivisions: Section 608.I |
**There shall be a 15-foot maximum height within ten feet of a single-family zoned district, which height may be increased one foot for each additional one foot of building setback to the maximum permitted height.
C. District Regulations for Nonresidential and Mixed Uses.
Development regulations for nonresidential and mixed uses shall be in accordance with C-1 standards (Sections 622.E.3 and E.4).
D. Additional Permitted Uses.
2. Biomedical and Medical Research Offices. A biomedical or medical research laboratory shall be permitted as an accessory use to a biomedical and medical research office, subject to the following limitations:
a. The use shall be subject to obtaining a use permit in accordance with the procedures and standards of Section 307.
b. Entrance to the laboratory shall only be from within the building and shall not be through doors which open to the outside of the building.
c. No sign or display for the laboratory shall be visible from adjacent public rights-of-way.
d. Access to a property containing a laboratory shall only be from a major arterial or arterial, as designated on the street classification map.
3. Birthing center.
4. Branch offices of the following uses are permitted subject to a use permit: banks, building and loan associations, brokerage houses, savings and loan associations, finance companies, title insurance companies, and trust companies.
5. Copy and reproduction center, subject to a use permit.
6. Hospice, subject to a use permit.
7. Hotel or Motel. The following accessory uses are permitted; provided, that the entrance to said accessory uses shall be from within the building only and that no sign or display for the accessory uses shall be located so as to be visible from a public thoroughfare or adjacent property:
a. Auto rental agency; provided, that there are no more than three vehicles stored on the hotel property.
c. Cocktail lounges with recorded music or one musician.
d. Convention or private group activities.
e. Gift shop.
f. News stand.
g. Restaurants with recorded music or one musician.
h. Other services customarily accessory thereto.
8. Office for Administrative, Clerical, or Sales Services. No commodity or tangible personal property, either by way of inventory or sample, shall be stored, kept, or exhibited for purposes of sale in any said office or on the premises wherein the said office is located. Seminars shall be permitted as an accessory use; provided, that they are clearly accessory to the office use.
9. Office for professional use, including medical center, wellness center, and counseling services (provided that services are administered or overseen by a State licensed professional).
a. The following accessory uses are permitted; provided, that the entrance to said accessory uses shall be from within the building only, that no sign or display for the accessory uses shall be located so as to be visible from a public thoroughfare or adjacent property, and that no more than 25 percent of the floor area can be used for the accessory uses:
(1) Fitness center.
(2) Massage therapy, administered by a State licensed massage therapist.
(3) Ophthalmic materials dispensing.
(4) Pharmacy.
(5) Sleep disorder testing with less than a 24-hour stay duration.
(6) Snack bar.
(7) Surgical center, provided there are no overnight stays.
b. The following accessory uses are permitted, subject to a use permit and provided that the entrance to said accessory uses shall be from within the building only, that no sign or display for the accessory uses shall be located so as to be visible from a public thoroughfare or adjacent property:
(1) Medical and dental laboratories.
(2) Orthotics and prosthetic laboratories.
10. Nursing home, subject to a use permit and the following conditions:
a. A maximum lot coverage of 25 percent.
b. A minimum of 50 square feet of usable outdoor open space per bed shall be provided.
11. Private clubs and lodges qualifying by law as a nonprofit entity, subject to a use permit. The use permit is not required if a special permit, according to Section 647, is obtained. Bingo may be operated as an accessory use on the premises of the club no more than two days per week.
12. Teaching of the fine arts, subject to use permit.
13. Volunteer community blood centers qualifying by law as a nonprofit entity, subject to a use permit.
Section 619. Residential R-4A District—Multi-Family Residence—General.
The R-4A, Multi-Family Residence, General District, is a district of a limited number of family residences and other compatible uses designed to maintain, protect and preserve a character of development on lots with a minimum area of 6,000 feet and with not more than one dwelling unit and customary accessory buildings for each 1,000 square feet or not more than one efficiency apartment for each 500 square feet of lot area.
Separate dwellings with common party walls may be authorized on separate sublots when the same are specifically approved with appropriate safeguards to ensure development consistent with the purposes of this zone.
A. Permitted Uses. Primary uses and accessory uses are permitted as indicated in the Residential Districts Land Use Matrix, Section 608.D, plus the following:
1. Hospice, subject to a use permit.
2. Nursing home, subject to a use permit and the following conditions:
a. A maximum lot coverage of 25 percent.
b. A minimum of 50 square feet of usable outdoor open space per bed shall be provided.
B. Yard, Height and Area Requirements. Except as required by Section 701, the following yard, height and area provisions shall be required for this district:
1. There shall be a lot area of not less than 1,000 square feet for each dwelling unit, 500 square feet for each efficiency apartment or rooming unit, and 250 square feet for each guestroom. No lot shall hereafter be subdivided to provide less than 6,000 square feet of lot area nor to have a width of less than 60 feet nor a depth of less than 94 feet.
2. There shall be a front yard having a depth of not less than 20 feet.
3. There shall be two side yards each having a width of not less than five feet except as provided in Section 701.
4. There shall be a rear yard having a depth of not less than 15 feet which depth may be measured from the centerline of any existing sixteen-foot or wider rear alley or from what would be the centerline of a full 16-foot or wider rear alley where only a one-half or partial alley exists.
5. The main building and all accessory buildings on a lot shall not occupy more than 50 percent of the total area of the lot.
6. No building shall exceed a height of 48 feet.
7. Yards for accessory dwelling units and other accessory structures shall be in accordance with the provisions of Section 706.
Section 620. Residential Office R-O District—Restricted Commercial.
A. Purpose and Intent.
This district is intended to control developments on the edges of residential areas which, because of their location on arterial streets or other environmental conditions, are susceptible to pressures for nonresidential uses. The R-O district permits new development at the residential scale, or conversion of residential structures for use as professional offices or other limited service uses. It also permits continuation of residential uses or reconversion to residential uses.
This district is intended to provide office uses that are developed in a manner that forms a transition between commercial districts and adjacent residential areas. The specific intent of the district is to:
1. Accommodate office development of a scale and intensity that reflects adjacent residential uses.
2. Accommodate the office use of residential structures in areas previously developed as residential but changing to office or service uses.
3. Accommodate the development of new office or service uses under strict performance standards to mitigate negative impacts of such development.
B. Permitted Uses.
1. Adult day care home or center; provided, that:
a. Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
2. Community residence home; provided, that:
a. The home has no more than five residents, not including staff (unless permitted by Section 36-582(A), Arizona Revised Statutes); or
b. For a home with six to ten residents, not including staff, the following conditions shall apply:
(1) Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee as to compliance with the standards of this section as provided in Section 701.
(2) No community residence home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another community residence home that has been registered with six to ten residents.
(3) Disability accommodation from the spacing requirement may be requested by an applicant per Section 701.E.3.
3. Professional, medical, dental and administrative office use including clerical or sales representative offices. No commodity or tangible personal property, either by way of inventory or sample, shall be stored, kept, or exhibited in any said office or on the premises wherein the said office is located except materials associated with professional or medical practice. Such office use shall not include:
a. Branch offices for the following: banks, building and loan associations, brokerage houses, savings and loan associations, finance companies, title insurance companies and trust companies.
4. Storage incidental to a construction project located on the project site.
5. No accessory uses shall be permitted except as stated herein:
a. Surface parking.
b. Open carport or residential garage.
c. One dwelling unit on any R-O development to be occupied by the owner or employee of business on the premises.
6. Public utility buildings and facilities when necessary for serving the surrounding territory. Repair and/or storage facilities, including outdoor, subject to a use permit.
7. Churches or similar places of worship, including parish houses, parsonages, rectories, and convents and dormitories with no more than ten residents accessory thereto, except temporary revival tents or buildings. Athletic activities in conjunction with the above and on the same lot or contiguous lots may be permitted. Bingo may be operated as an accessory use on the premises of the church when conducted no more than two days a week.
Fundraising events located on the same lot or contiguous lots shall be permitted, subject to the following requirements:
1. The sponsoring, organizing, and benefiting entities shall be nonprofit or religious organizations, and the event shall be in compliance with any applicable provisions of the Chapter 30, Solicitations [sic], of the Phoenix City Code:
2. Events held entirely within a building or buildings shall not be further regulated; however, events to be conducted wholly or in part outdoors shall be subject to the following additional conditions:
(A) All elements of the event shall be a minimum of fifty feet from any residential building.
(B) The event shall not be conducted between the hours of 10:00 p.m. and 8:00 a.m.
(C) The event shall not be conducted in such a manner as to reduce the number of parking spaces required for any normal functions of the primary use which are held during the event.
(D) Lighting shall be so placed as to reflect the light away from adjacent residences.
3. Pocket shelters as accessory uses to churches or similar places of worship, subject to the following standards (and applicable Maricopa County and City of Phoenix Health and Safety Regulations):
(A) A pocket shelter shall house no more than twelve unrelated persons. A pocket shelter may house up to twenty unrelated persons upon approval of a use permit in accordance with the procedures and standards of Section 307 of this Ordinance. Minors (age eighteen years or younger) accompanied by a parent or a guardian shall not be counted in the number of unrelated persons.
(B) The church or similar place of worship shall be located on an arterial or collector street as defined on the street classification map. A shelter at a church or similar place of worship, which is not on an arterial or collector street shall be permitted upon approval of a use permit in accordance with the procedures and provisions of Section 307 of this Ordinance.
(C) The church or similar place of worship shall provide on-site supervision of shelter residents at all times that two or more unrelated residents are at the shelter.
(D) Drug, alcohol, other substance abuse, or mental health rehabilitation programs shall not be allowed as part of the shelter services. This provision shall not prevent the church or similar place of worship from referring shelter residents to other appropriate programs at the church or similar place of worship or elsewhere, e.g. Alcoholics Anonymous, which are not part of the shelter services.
(E) Shelter residents shall not possess alcohol, weapons, or illegal drugs at the shelter.
(F) Open areas surrounding pocket shelter structures shall be screened from view from abutting and/or adjoining properties by hedges, trees, other landscaping, or walls.
(G) Pocket shelter structures shall not have direct access to abutting and/or adjoining properties.
(H) Pocket shelters shall be housed in permanent structures rather than in tents or other similar temporary structures.
(I) A church or similar place of worship shall house no more than one pocket shelter.
8. Schools. Fundraising events located on the same lot or contiguous lots shall be permitted, subject to the requirements set forth in Section 621.B.1.q.
9. Public Assembly—Residential. A use permit shall be required for all public assembly—residential uses with vehicular access on local or minor collector streets.
C. Yard, Height and Area Requirements. The following criteria provide the minimum performance standards by which the Site Planning Division will review a site plan for office use. These minimum requirements are intended to provide a basis for Site Planning Division review and specific stipulations may be imposed to achieve compatibility with existing land uses and reasonable transition between residential and more intense land uses.
1. Gross lot area is recommended to be a minimum of twenty-four thousand square feet. This recommended lot size may be reduced for office developments on lots smaller than twenty-four thousand square feet. In considering a request to reduce the twenty-four thousand square foot gross lot area, the Planning Commission and City Council shall evaluate the following factors: provision for safe access to public streets, limiting the intrusion of commercial traffic into residential areas, ability to provide on-site amenities and appropriate buffering to adjacent properties, and whether the scale of the proposed development is in character with surrounding land uses. An application for rezoning shall be accompanied by a site plan showing the proposed development and verification from the Site Planning Division that the development will meet all applicable ordinance and site plan requirements.
In addition, lots of less than twenty-four thousand square feet shall be subject to the following standards:
b. Landscaping/walls in front and side yards subject to Site Planning Division approval.
c. Minimum three-foot-wide landscape strip around the principal structure.
d. Lots having twelve thousand to twenty-three thousand nine hundred ninety-nine square feet:
(1) One parking space for each two hundred fifty square feet net floor area, or portion thereof, less one space if owner-occupied.
(2) Two hundred square feet of additional landscaping and solid fence or wall around rear yard.
e. Lots having six thousand to eleven thousand nine hundred ninety-nine square feet:
(1) One parking space for each two hundred square feet net floor area, or portion thereof. No access will be permitted to any adjacent alley rights-of-way.
(2) Two hundred square feet of additional landscaping, including twenty-four-inch box shade trees between the wall and parking area a maximum of twenty feet on center or as approved by the Site Planning Division and a masonry wall along interior property lines.
2. Accessory uses are not allowed in the front yard of the development.
3. A front yard setback having a depth of not less than twenty feet. No maneuvering or parking shall be in front yard of the development except for ingress and egress to allowable parking areas.
4. Minimum side yard setbacks of ten feet for new construction or setbacks in conformance with existing structures for those which are to remain.
a. Street side yard used for access to allowable parking (access provided between the main structure and the street): a minimum of twenty-foot driveway aisle is required with a minimum five-foot landscaping strip on private property separating the driveway aisle from the street right-of-way to include a screen wall or landscaping.
5. A rear yard setback having a depth of not less than twenty-five feet which depth may be measured from the centerline of any existing sixteen-foot or wider rear alley or from what would be the centerline of a full sixteen-foot or wider rear alley where only a one-half or partial alley exists.
6. Lot coverage exclusive of carports shall not exceed thirty percent of the net lot area. Open carports shall not exceed ten percent of the net lot area and shall not be counted towards lot coverage.
7. Building height is limited to fifteen feet at the minimum rear and side yard setbacks. Height is measured from natural grade or as from grade approved by the Site Planning Division. Such height may be increased with additional setback by providing one-foot additional setback for each one foot in height to a maximum building height of twenty-five feet.
8. Access to site is to be from an arterial or collector street as defined on the street classification map, except within high intensity areas as defined in the interim 1985 plan or other superseding, adopted plans.
9. No maneuvering or parking shall be permitted in a yard setback adjacent to a canal right-of-way except for ingress and egress to allowable parking areas. Such ingress and egress shall not be within a ten-foot-wide landscape setback from the canal bank right-of-way.
D. Development Review Approval.
1. All office developments to be developed under the regulations of this section will require development review approval subject to the provisions [of] Section 507.
Section 621. Commercial Office C-O District—Restricted Commercial.
A. Purpose. The C-O, Commercial Office, Restricted Commercial District, is intended to provide office use as an appropriate transition between intense commercial activities and nearby residential uses. Due to the variety, scale and intensity of office development, this district has been established with a General Office and Major Office option. Specific performance standards to mitigate negative impacts of office development, including standards for screening of mechanical equipment, parking lot screening, parking lot lighting, vehicular access and landscaping will be required at the time of development review approval.
B. Regulations. Except as herein provided, the regulations for property zoned C-O pursuant to an application filed prior to January 8, 1986, shall be as follows:
1. Permitted uses.
a. Adult day care center; provided, that:
(1) Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
b. Office for professional use. When the professional use is a medical center, a pharmacy and/or snack bar may be permitted in conjunction therewith; provided, that the center consists of offices, occupied by at least ten doctors. Such snack bar may have accommodations for the concurrent service of ten patrons for the first ten doctors and may accommodate one additional patron for each additional four doctors over ten. In no event shall there be accommodations for the concurrent service of over thirty patrons. The entrance to said pharmacy or snack bar shall be from within the exterior walls of the building only, and no sign or display shall be located so as to be visible from a public thoroughfare or adjacent property.
The dispensing of ophthalmic materials is permitted providing that the entrance shall be from within the exterior walls of the building only, and that no sign or display be located so as to be visible from a public thoroughfare or adjacent property.
Medical office uses include the following, but are not limited to the following, surgi-centers, dialysis centers and urgent care centers, so long as there are no overnight stays.
c. Offices wherein administrative, clerical, call centers, paperwork delivery services, or sales services only are rendered; provided, that other than regular office books, records, and papers used in connection with rendering said office service, no commodity or tangible personal property, either by way of inventory or sample, shall be stored, kept, or exhibited in any said office or on the premises wherein the said office is located.
d. Offices for the following: banks, building and loan associations, brokerage houses, savings and loan associations, finance companies, title insurance companies, trust companies and safe deposit companies.
e. Veterinary offices, subject to a use permit. Such offices shall be so constructed and operated as to prevent objectionable noise and odor outside the walls of the office. There shall be no boarding or keeping of animals except for short periods of observation incidental to care.
f. No accessory uses shall be permitted in this district except the following:
(1) Surface parking. Above- and below-grade parking structures may be permitted subject to development review approval, if required by the City.
(2) Medical and dental laboratories in excess of 3,200 square feet shall be permitted only upon securing a use permit; and provided, that the entrance shall be only from within the interior walls of the building.
g. Facilities and storage incidental to a construction project and located on the project site.
h. Cafeteria/restaurant as an accessory use, subject to meeting the following requirements.
(1) Minimum gross lot size of five acres and minimum 50,000 square feet of gross leasable office space in the complex.
(2) Primary access to the site must be from an arterial street as defined on the Street Classification Map.
(3) Use shall be incorporated into an office building as an accessory use and shall not be a stand-alone building.
(4) Use shall not exceed a total of 15 percent of the gross leasable area of the total office complex.
(5) Sales of alcoholic beverages shall be permitted as an accessory use to the cafeteria/restaurant only upon conformance with the following conditions:
(a) Securing a use permit in accordance with the provisions of Section 307.
(b) Approval by the Zoning Administrator or the Board of Adjustment of a specific floor plan for the cafeteria/restaurant facility, detailing areas where alcohol may be served.
(c) All alcoholic beverages shall be sold and consumed only on the cafeteria/restaurant premises.
(6) Outdoor dining and alcoholic beverage consumption subject to the terms of Sections 621.B.1.h(5)(a), B.1.h(5)(b) and B.1.h(5)(c) shall be permitted as accessory uses to the cafeteria/restaurant only upon securing a use permit in accordance with the provisions of Section 307.
(7) Signage shall only be permitted as part of an approved comprehensive sign plan pursuant to Section 705.
i. Volunteer community blood center qualifying by law as a nonprofit entity, subject to a use permit.
j. In C-O complexes containing common access and parking, with gross leasable area of two hundred thousand square feet or more, limited incidental retail uses including gift shops, flower shops, snack bars, pharmacy, as accessory uses conducted for the convenience of the employees, patients, patrons, or visitors on the premises wholly within a principal building subject to a use permit.
(1) The entrance to said accessory use shall be from within the exterior walls of the building only.
(2) No sign or other external evidence of said accessory use shall be visible from a public thoroughfare or adjacent property.
(3) No individual use described herein shall exceed one thousand square feet of gross leasing area in the complex.
(4) The sum of the gross leasable area of all such establishments shall not exceed one percent of the total areas of the C-O development.
(5) The provisions of (1), (2), (3) or (4) shall not be varied by the Zoning Administrator or the Board of Adjustment.
k. Reserved.
l. Schools: business, data processing, insurance, private real estate, stenographic and general curriculum private schools.
n. Public utility buildings and facilities when necessary for serving the surrounding territory. Repair and/or storage facilities, including outdoor, subject to a use permit.
o. Radio, television broadcasting stations and sound laboratories without live performances.
p. Churches or similar places of worship, including parish houses, parsonages, rectories, and convents and dormitories with no more than ten residents accessory thereto, except temporary revival tents or buildings. Athletic activities in conjunction with the above and on the same lot or contiguous lots may be permitted. Bingo may be operated as an accessory use on the premises of the church when conducted no more than two days a week.
Fundraising events located on the same lot or contiguous lots shall be permitted, subject to the following requirements:
(a) The sponsoring, organizing, and benefiting entities shall be nonprofit or religious organizations, and the event shall be in compliance with any applicable provisions of Chapter 30, Solicitations [sic], of the Phoenix City Code:
(b) Events held entirely within a building or buildings shall not be further regulated; however, events to be conducted wholly or in part outdoors shall be subject to the following additional conditions:
(1) All elements of the event shall be a minimum of fifty feet from any residential building.
(2) The event shall not be conducted between the hours of 10:00 p.m. and 8:00 a.m.
(3) The event shall not be conducted in such a manner as to reduce the number of parking spaces required for any normal functions of the primary use which are held during the event.
(4) Lighting shall be so placed as to reflect the light away from adjacent residences.
(c) Pocket shelters as accessory uses to churches or similar places of worship, subject to the following standards (and applicable Maricopa County and City of Phoenix Health and Safety Regulations):
(1) A pocket shelter shall house no more than twelve unrelated persons. A pocket shelter may house up to twenty unrelated persons upon approval of a use permit in accordance with the procedures and standards of Section 307 of this Ordinance. Minors (age eighteen years or younger) accompanied by a parent or a guardian shall not be counted in the number of unrelated persons.
(2) The church or similar place of worship shall be located on an arterial or collector street as defined on the street classification map. A shelter at a church or similar place of worship which is not on an arterial or collector street shall be permitted upon approval of a use permit in accordance with the procedures and provisions of Section 307 of this Ordinance.
(3) The church or similar place of worship shall provide on-site supervision of shelter residents at all times that two or more unrelated residents are at the shelter.
(4) Drug, alcohol, other substance abuse, or mental health rehabilitation programs shall not be allowed as part of the shelter services. This provision shall not prevent the church or similar place of worship from referring shelter residents to other appropriate programs at the church or similar place of worship or elsewhere, e.g., Alcoholics Anonymous, which are not part of the shelter services.
(5) Shelter residents shall not possess alcohol, weapons, or illegal drugs at the shelter.
(6) Open areas surrounding pocket shelter structures shall be screened from view from abutting and/or adjoining properties by hedges, trees, other landscaping, or walls.
(7) Pocket shelter structures shall not have direct access to abutting and/or adjoining properties.
(8) Pocket shelters shall be housed in permanent structures rather than in tents or other similar temporary structures.
(9) A church or similar place of worship shall house no more than one pocket shelter.
q. Schools Fundraising events located on the same lot or contiguous lots shall be permitted, subject to the requirements set forth in Section 621.B.1.q.
r. Medical and dental laboratories less than 3,200 square feet; provided, that the entrance shall be only from within the interior walls of the building.
2. Yard, area, and height requirements.
a. No lot shall hereafter be subdivided to provide less than six thousand square feet of lot area nor to have a width of less than sixty feet nor a depth of less than ninety-four feet. (See also Section 701.)
b. There shall be a front yard having a depth of not less than twenty feet.
c. There shall be two side yards each having a width of not less than five feet except as provided in Section 701
d. There shall be a rear yard having a depth of not less than fifteen feet which depth may be measured from the centerline of any existing sixteen-foot or wider rear alley or from what would be the centerline of a full sixteen-foot or wider rear alley where only a one-half or partial alley exists.
e. The buildings on a lot shall not occupy more than fifty percent of the area of the lot.
f. The height of the buildings shall be regulated as follows:
(1) No building shall exceed a height of fifty-six feet.
(2) The Planning and Development Director, Commission, or City Council may restrict a building height to less than fifty-six feet.
(3) Neither the Zoning Administrator nor the Board of Adjustment shall have jurisdiction to vary this provision.
3. Development review approval. A site plan approved in accordance with Section 507 of this ordinance is required for all uses.
C. The regulations for property zoned C-O pursuant to an application filed after January 8, 1986, and for those properties meeting the requirements set forth below shall be as follows:
1. General Office option (G-O). The G-O, General Office option is intended to provide office use with limited customer service activities confined to the interior of the development. The G-O, General Office option will require performance criteria similar to the Residential Office District to mitigate the impacts of the commercial development.
a. Permitted uses.
(1) All uses listed in Residential Office District, except residential uses.
(2) Offices for financial institutions, title insurance, trust companies, and safe deposit companies.
(3) Veterinary offices. The building and use shall be constructed and operated as to prevent objectionable noise and odor outside the walls of the office. No boarding or keeping of animals is permitted, except for short periods of observation necessary for medical care.
(4) Government offices.
(5) Storage incidental to a construction project located on the project site.
(6) Schools. Business, data processing, insurance, private real estate, stenographic and general curriculum private schools. Dependent care facilities are permitted as an accessory use to any school permitted pursuant to this provision.
(7) Radio, television broadcasting stations, and sound laboratories without live performances.
b. Accessory uses.
(1) Surface parking.
(2) Open carport structures and parking structures.
(3) The following accessory uses are permitted when the entrance to the use is from within the exterior walls of the building only, and no signs or displays are located so as to be visible from a public thoroughfare or adjacent property:
(a) A pharmacy and/or snack bar may be permitted in conjunction with an office use, provided that the use does not exceed a maximum of one thousand square feet.
(b) Dispensing of ophthalmic materials in conjunction with medical or dental office use.
(c) Medical or dental laboratories.
(d) Cafeteria (only for employees within office complex). Provided it does not exceed one percent of the total gross leasable area of the office complex.
(e) Limited inventory of product samples for display and storage provided that there are no on-site retail sales and the sum of the gross floor area devoted to product display and storage shall not exceed five percent of the total gross leasable area of the office complex or ten thousand square feet, whichever is less.
(f) Health/recreation facility (only for employees within office complex). Provided that the sum of the gross floor area devoted to health/recreation facilities shall not exceed five percent [of] the total gross leasable area of the office complex.
(4) The sum total of the gross leasable area devoted to the allowed accessory uses shall not exceed five percent [of] the total gross leasable area of the office complex.
(5) Accessory uses exceeding five percent of the gross leasable area shall require use permit approval, not to exceed a maximum of ten percent of the gross leasable area of the office complex.
Neither the Zoning Administrator nor the Board of Adjustment has the authority to vary this provision of the Zoning Ordinance.
(6) Microwave antennas are permitted with a use permit if the diameter of the dish is more than one and one-half meters and the structures are no higher than twenty-five feet above natural grade. This shall not permit the outdoor display of a microwave antenna for sale, lease, or rental purposes.
2. Major Office options (M-O). The M-O, Major Office option is intended to provide an option for large corporate office complexes with the primary use of office and an array of support retail and customer services which will improve and enhance the function of the commercial office development without jeopardizing the stability of adjacent neighborhoods.
a. Permitted uses.
(1) General Office option uses.
(2) The following uses are permitted in an M-O option development containing common access and parking with fifty thousand square feet or more gross leasable area of office area:
(a) Health/recreation facility open to public not to exceed five percent of the total gross leasable area of the office complex.
(b) Cafeteria/restaurants as an accessory use, subject to meeting the following requirements:
(i) Use shall be incorporated into an office building as an accessory use and shall not be a stand-alone building.
(ii) Use shall not exceed a total of 15 percent of the gross leasable area of the total office complex.
(iii) Sales of alcoholic beverages shall be permitted as an accessory use upon conformance with the following conditions:
A. Securing of a use permit in accordance with the provisions of Section 307.
B. Approval by the Zoning Administrator or the Board of Adjustment of a specific floor plan for the cafeteria/restaurant facility detailing areas where alcohol may be served.
C. All alcoholic beverages shall be sold and consumed only on the cafeteria/restaurant premises.
(iv) Outdoor dining and alcoholic beverage consumption subject to the terms of Sections 621.C.2.a(2)(b)(iii)(A), C.2.a(2)(b)(iii)(B), and C.2.a(2)(b)(iii)(C) shall be permitted as accessory uses to the cafeteria/restaurant upon securing a use permit in accordance with the provisions of Section 307.
(v) Signage shall only be permitted as part of a comprehensive sign plan pursuant to Section 705.
(c) Day care center not to exceed five thousand square feet of the gross leasable area of the office complex. Outdoor playgrounds and facilities will be reviewed at the time of development review approval for attenuation of noise and proper location.
(d) Copying and reproduction center, subject to a use permit.
(b) Accessory uses.
(1) Accessory uses listed in the G-O option.
(2) Conference center in conjunction with an individual tenant or for the purpose of serving the entire office complex.
(3) In M-O complexes containing common access and parking and with gross leasable area of two hundred thousand square feet or more, limited incidental retail uses including gift shops, flower shops, snack bars, pharmacy, office supplies, shoe repair and travel bureaus as accessory uses conducted for the convenience of the employees, patients, patrons or visitors on the premises, wholly within a principal building:
(a) The entrance to said accessory use shall be from within the exterior walls of the building only.
(b) No sign or other external evidence of said accessory use shall be visible from a public thoroughfare or adjacent property.
(c) No individual use described herein shall exceed one thousand square feet of gross leasable area in the complex.
(d) The sum of the gross leasable areas of all such establishments shall not exceed one percent of the total gross leasable area of the M-O development.
(4) The total of the gross leasable areas of all accessory uses permitted herein and those listed in the G-O option shall not exceed fifteen percent of the total gross leasable area of the office complex.
3. Yard, height and area requirements. The following performance criteria provide for the minimum standards by which the Site Planning Division will review a site plan for office use. These minimum requirements are intended to provide a basis for Site Planning Division review and may be modified to achieve compatibility with existing land uses and reasonable transition between residential and intense commercial land uses.
a. General office option.
(1) Gross lot area shall be not less than one acre.
(2) No accessory uses allowed within the front yard of the development.
(3) There shall be a front yard having a depth of not less than twenty feet with no maneuvering or parking permitted in the front yard of the development, except for ingress and egress to allowable parking areas.
(4) Minimum side yard setbacks of ten feet for new construction or setbacks in conformance with existing structures for those which are to remain.
(a) Street and canal right-of-way yards used for access to allowable parking (access provided between the main structure and the street or canal right-of-way): a minimum twenty-foot driveway aisle is required with a minimum five-foot landscaping strip on private property separating the driveway aisle from the street or canal right-of-way to include a screen wall or landscaping.
(5) A rear yard setback having a depth of not less than twenty-five feet which depth may be measured from the centerline of any existing sixteen-foot or wider rear alley or from what would be the centerline of a full sixteen-foot or wider rear alley where only a one-half or partial alley exists.
There shall be no maneuvering or parking permitted in the rear yard setback of the development when adjacent to a canal right-of-way, except for ingress or egress to allowable parking areas. Such ingress and egress shall not be within a ten-foot-wide setback adjacent to the canal bank right-of-way.
(6) Lot coverage exclusive of carports shall not exceed forty percent of the net lot area. Open carports shall not exceed ten percent of the net lot area and shall not be counted towards lot coverage.
(7) Building height is limited to twenty-five feet. Height is measured from natural grade or as from grade approved by the Site Planning Division. Requests to exceed the above height limit may be granted up to three stories not to exceed forty-two feet by the City Council upon recommendation from the Planning Commission or zoning hearing officer upon a finding that such additional height is not detrimental to adjacent property or the public welfare in general and subject to the following requirements:
(a) An additional one foot of front, rear and side yard setback shall be provided for each additional one foot of additional height granted.
(b) Front and street side setbacks shall be landscaped and maintained, including twenty-four-inch box size, drought-resistant shade trees spaced twenty feet on center or as approved by the Site Planning Division. Neither the Zoning Administrator nor the Board of Adjustment has the jurisdiction to vary this provision of the Zoning Ordinance.
(8) Access to site is to be from an arterial or collector street as defined on the street classification map, except within high intensity areas as defined in the interim 1985 plan or other superseding, adopted plans.
b. Major office option.
(1) Gross lot area shall be not less than five acres.
(2) There shall be a minimum twenty-foot-deep landscaped yard setback adjacent to perimeter streets and canal rights-of-way with landscaped area equal to at least thirty times the linear frontage for each street or canal. No maneuvering or parking is permitted in these areas except for ingress and egress to allowable parking areas. Such ingress and egress shall not be within a ten-foot-wide setback adjacent to the canal right-of-way.
(3) No accessory uses are allowed within the landscaped yard setbacks adjacent to public streets. Accessory retail uses oriented to canal bank users are allowed within the landscaped yard setbacks adjacent to canal rights-of-way if access is provided from the canal rights-of-way subject to obtaining a use permit in accordance with the provisions of Section 307 of the Zoning Ordinance.
(4) Minimum interior side yard setbacks of ten feet for new construction or setbacks in conformance with existing structures for those which are to remain.
(5) A rear yard setback having a depth of not less than ten feet which depth shall be measured from the property line.
(6) Lot coverage shall not exceed fifty percent of the net lot areas.
(7) Building height is limited to twenty-five feet at the minimum rear and side yard setbacks within seventy-five feet of a single-family residential district. Height is measured from natural grade or from grade approved by the Site Planning Division. Such height may be increased with additional setback by providing three feet additional setback for each one foot in height to a maximum building height of four stories not to exceed fifty-six feet. A maximum building height of four stories not to exceed fifty-six feet is permitted adjacent to all other zoning districts. Neither the Zoning Administrator nor the Board of Adjustment has the jurisdiction to vary this provision of the Zoning Ordinance.
(8) Access to site is to be from an arterial street, as defined on the street classification map, except within high intensity areas as defined in the interim 1985 plan or other superseding, adopted plans.
4. General provisions.
a. Office development approval pursuant to an application filed prior to January 8, 1986, shall comply with a previously approved site plan and any stipulations imposed in conjunction with the rezoning of the property.
b. An office project which is developed in conformance with Section 621.B shall be considered to be a conforming use.
c. Any office development which conforms to the requirements of Section 621.C in the downtown area bounded by Seventh Street to Seventh Avenue and Harrison Street to McDowell Road, which is combined with High-Rise Zoning (H-R or H-R1) shall comply with the following:
(1) The applicable standards of the M-O option will apply, with the exception of lot area, for properties with approval for office development zoned pursuant to an application filed prior to January 8, 1986, but no official approval of a site plan by the Site Planning Division has occurred.
(2) Office development approval pursuant to an application filed prior to January 8, 1986, shall comply with a previously approved site plan and any stipulations imposed in conjunction with the rezoning of the property.
(3) An office project which is developed in conformance with Section 621.B shall be considered to be a conforming use.
d. In granting a rezoning application for C-O zoning, the Planning Commission may recommend and the City Council may specify that development be in accord with one of the development options within this section.
e. All office developments to be developed under the regulations of this section will require development review approval subject to the provisions of Section 507 of the Zoning Ordinance.
f. Upon final development review approval, a supplementary map which designates the office development option selected shall be adopted. All subsequent development shall be in accordance with the standards for such option unless an amendment in accordance with Section 506.A of the Zoning Ordinance is approved.
g. Any property zoned C-O pursuant to an application filed prior to January 8, 1986, may develop pursuant to the regulations set forth in Section 621.C. Upon development review approval, the requirements of Section 621.C.4.f will apply.
Section 622. Commercial C-1 District—Neighborhood Retail.
A. Purpose. The C-1, Commercial Neighborhood Retail District, is a district of light neighborhood type retail and customer service uses designed to be compatible with each other and nearby residential districts.
B. District Restrictions. Unless otherwise specifically provided in this section, the following restrictions shall apply to this district:
1. All commercial uses are restricted to closed buildings except parking lots and liquid fuel pump services.
2. Outdoor displays prohibited in any yard.
3. Any lighting shall be so placed so as to reflect the light away from adjacent residential districts. No noise, odor or vibration shall be emitted so that it exceeds the general level of noise, odor or vibration emitted by uses outside the site. Such comparison shall be made at the boundary of the site.
4. Wholesaling prohibited.
5. Outside storage of material or supplies prohibited.
6. No use shall be considered an accessory use which is listed as a permitted or accessory use in any of the following districts: C-2, C-3, A-1, A-2, or S-2, unless otherwise specifically provided.
7. Reserved.
8. Promotional Events: The requirements for promotional events within this zoning district shall be the same as those set forth in the Planned Shopping Center district, Section 637.A.4 of this Ordinance.
9. No Large Scale Commercial Retail uses are permitted.
10. The sale of used merchandise in connection with the following permitted uses when such used merchandise uses a floorspace having a total area of no more than five percent of the gross floor area of the establishment:
a. Camera shops.
b. Book sellers and rentals.
c. Magazines, retail sales.
d. Photographic equipment and supplies, retail sales.
e. Sporting goods, retail sales.
f. Watches, sales and repair.
g. Audio and video rentals and retail sales.
C. Permitted Uses—Residential.
1. Single-family residential uses, but only within Single-Family Infill (SFI) Subdivisions developed per the provisions of Section 608.I, including use permit approval where applicable.
2. All other residential uses other than single-family, as permitted in the R-5 district.
3. Adult day care home and center.
4. Boarding house, subject to a use permit.
5. Community residence center, subject to a use permit.
6. Group home, subject to a use permit.
7. Nursing home, subject to a use permit.
D. Permitted Uses—Non-Residential. All non-residential uses permitted in the R-5 district; and in addition the following:
1. Adjusters, Insurance
2. Reserved.
4. Army and Navy Goods, Retail Sales, New
5. Art Gallery, Commercial Sales
6. Artist Supplies, Retail
7. Auctioneer’s Office (only)
8. Auto Title Loan Establishments, subject to the following limitations:
a. Shall not be located within 1,320 feet of the same type of use. This distance shall be measured from the exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted.
b. Auto title loan establishments combined with nonchartered financial institutions must meet the spacing requirements of Section 622.D.115.
9. Automated Collection Center, subject to the following limitations:
a. The use shall not be located closer than 75 feet to a residential zoning district.
b. No processing may occur.
c. The use shall be incorporated into a closed building.
10. Automobile Parts and Supplies, Retail
11. Baby Shops
12. Bakers and Baked Goods, Retail Sales
13. Banks and Trust Companies
14. Barbers
15. Beauty Shops
a. Massage therapy, performed by a licensed massage therapist, is permitted as an accessory use subject to obtaining a use permit in accordance with the standards and procedures of Section 307.
16. Bicycles, New and Used, Retail Sales and Repairs
17. Bingo, subject to a use permit
18. Bird Sales, Retail
19. Reserved.
20. Bonding Companies
21. Booksellers and Rentals, except adult bookstores
22. Braces, Orthopedic, Sales Retail
23. Brokerage House
24. Building and Loan Associations
25. Butcher Shops (no slaughtering)
26. Camera Shops
27. Candy Shops, Retail
28. Canvas Goods Sales, Retail
29. Caterers
30. Cesspool Builders and Service, Offices Only
31. Charitable Institutions, Offices Only
a. Bingo may be operated as an accessory use on the premises of the institution for no more than two (2) days a week.
b. Bingo may be operated on the premises for more than two days a week with a use permit.
32. Christian Science Reading Rooms
33. Cleaning and Dyeing Outlets
a. Stipulations:
(1) All activity except loading and unloading restricted to a closed building.
(2) All solvents and other agents shall be of coated solvent type and noncombustible and nonexplosive and shall require approval of the City Fire Marshal; and same shall not emit odors, smoke or noise beyond the lot boundaries.
(3) Only cleaning machines with self-contained power transmissions shall be permitted. The capacity of all machines within any one establishment shall not exceed a total of three hundred (300) pounds per hour, according to the manufacturer’s rating.
34. Clothing, Retail Sales
35. Coin Dealers
36. Collection Agencies
37. Community Garden. Accessory sales of products cultivated on site within ten days of harvesting subject to approval of a use permit pursuant to Section 307. On-site operational conditions and improvements may be stipulated as a condition of use permit approval.
38. Reserved.
39. Confectioneries, Retail Sales
40. Contractor’s Offices
41. Costume Rentals
42. Crockery Sales, Retail
43. Curio Shops
44. Dairies, Retail Sales of Products
45. Delicatessens
46. Delivery Service Office
47. Department Stores
48. Desks, Sales, Retail
49. Detective Agencies
50. Draperies, Sales
51. Dressmakers, Custom
52. Driving Schools, Auto
53. Drugs, Retail Sales
54. Dry Cleaning Outlet, Not Plants
55. Dry Goods
56. Electric Light and Power Company Offices
57. Electrical Appliances, Retail Sales and Service
58. Employment Agencies, not Including Day Labor Hiring and Transportation Centers
59. Entertainment Bureaus
60. Environmental Remediation Facility, subject to obtaining a use permit in accordance with the provisions of Section 307
61. Express Companies, Offices Only
62. Family Game Center, subject to a use permit
63. Farmers Market, subject to the following conditions:
a. Obtaining an administrative temporary use permit (ATUP) in accordance with the provisions of Section 708 if no food or beverage is dispensed from a vehicle.
b. Obtaining a use permit in accordance with the provisions of Section 307 if food or beverage is dispensed from a vehicle.
c. On-site operational conditions and improvements may be stipulated as a condition of an ATUP or use permit approval.
64. Finance Companies and Loan Offices
65. Fish Markets, Retail Sales
66. Florists, Retail Sales
67. Freight Traffic Service Offices
68. Furnaces, Display and Sales, Retail
69. Furniture, Display and Sales, Retail
70. Furs, Retail Sales and Repairing
71. Gas Appliances, Retail Sales and Service
72. Gas Companies’ Offices
73. Gas Stations with one closed automatic car wash bay subject to the following limitations:
a. Hours of operation are limited from 7:00 a.m. to 8:00 p.m. daily and doors to the bay shall be closed during non-operating hours.
74. Gift Shops
75. Groceries, Retail Sales
76. Reserved.
77. Hardware, Retail Sales (New)
78. Hat Cleaners and Renovators
79. Health Food Products, Retail Sales
80. Heating and Ventilating Sales, Retail
81. Hemstitching
82. Hobby Goods Stores
83. Hospice, subject to a use permit
84. Hospital Service Organizations
85. Hospital, subject to a use permit. The following shall be permitted as accessory uses:
a. Recreational vehicle parking. Recreational vehicle parking stalls shall be located no less than 60 feet from the hospital perimeter boundary, and be delineated on a site plan. Recreational vehicle parking areas are subject to an approved parking plan for new facilities, or an amended parking plan for existing facilities.
b. Helistop, subject to the following regulations and conditions:
(1) The hospital shall be licensed by the State of Arizona either as a "general hospital" or as a "specialty hospital—children’s," and for a minimum of 50 beds.
(2) A letter from the Phoenix Aviation Department that articulates concurrence that the following items have been addressed:
(a) Compliance with the Federal Aviation Administration Advisory Circular No. 150/5390-2C "Helistop and Heliport Design," or subsequent revisions to this advisory circular.
(b) Submission of the "Notice of Landing Area Proposal" Federal Aviation Form 7480-1 and a letter of determination with no objection from the FAA.
(3) A helicopter sitting on the touchdown pad of a helistop or heliport shall emit a maximum noise level of no greater than 90 dB(A) at the boundaries of the lot or parcel containing the nearest residential use. Noise will be measured with an IEC (International Electrotechnical Commission) or ANSI S1.4-1971 (American National Standards Institute) Type 1 sound level meter with A-weighted impulse response.
86. House Furnishings, Retail Sales
87. Ice, Package, Sales
88. Ice Cream Shops
89. Imported Goods, Retail Sales
90. Indexing Systems and Supplies, Retail Sales
91. Indian Goods, Retail Sales
92. Interior Decorators, Display, Retail Sales and Fabrication, Custom
93. Jewelers, Retail Sales and Repairs, Gem Stone Repair and Cutting
94. Labor Unions, Offices
95. Laboratories, Clinical and Dental
96. Laundries, Collecting Shops
97. Laundries, Self-Help, Hand
98. Lawn Furniture, Retail Sales
99. Libraries, Private, Rental
100. Linens, Retail Sales
101. Linoleum Sales, Retail
102. Liquor, Package Retail Sales, subject to the following conditions or limitations:
a. Package liquor sales as a primary use or as an accessory use to a convenience market shall require a use permit in accordance with the standards and procedures of Section 307 if the lot or parcel on which the use is conducted is less than three hundred (300) feet from a residential district, including undeveloped or residentially developed R-5 property. The use permit shall specifically address noise from the use, including parking lot noise, screening of lighting from vehicle headlights and light standards on site, parking access, and access to adjacent neighborhoods but shall not address issues which are the purview of the Arizona Department of Liquor Licenses and Control, such as the number of liquor licenses in the area. Package liquor sales as an accessory use to other uses shall not require a use permit.
b. Drive-through windows for sale of alcohol shall be located at least three hundred (300) feet from a residential district, including undeveloped or residentially developed R-5 property, and shall have primary access to a major arterial or arterial street.
c. Retail sales of liquor as an accessory use shall be subject to the following conditions:
(1) Selling and display space for alcoholic beverages shall be limited to a maximum of twenty percent (20%) of total selling space.
(2) All displays of alcoholic beverages shall be located a minimum of five (5) feet from the entrance to the primary use.
103. Lunch Rooms
104. Magazines, Retail Sales, except adult bookstores
105. Market, Stock and Bond
106. Merchandise Brokers Office and Display
107. Messenger Service
108. Reserved.
109. Milk Distributing Stations, Retail
110. Milliners, Custom and Retail Sales
111. Motor Freight Co., Offices Only
112. Musical instruments, equipment and related products, including but not limited to sound systems, retail sales, and used sales, rentals and repairs as accessory uses.
113. Needlework
114. Newspaper Advertising Sales Office
115. Nonchartered Financial Institutions, subject to the following limitations:
a. Shall not be located within 1,320 feet of the same type of use or an auto title loan establishment. This distance shall be measured from the exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted.
b. Shall not be located within 500 feet of a residential use. This distance shall be measured from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the parcel boundary of the residential use.
116. Newspaper Distribution Center with management offices, subject to the following limitation:
a. A use permit shall be obtained in accordance with the standards and procedures of Section 307.
117. Notions, Retail Sales
118. Novelties, Retail Sales
119. Nursery School
120. Reserved.
121. Nut Shop
122. Office Furniture Equipment and Supplies, Retail Sales and Showroom
123. Offices including those requiring use permits in R-5
124. In conjunction with office complexes with a gross leasable area of fifty thousand (50,000) square feet or more, a conference and reception center and health/recreation facilities may be established, provided the following requirements are met:
a. Access to the site is to be an arterial or collector street as defined on the street classification map.
b. Sales of alcoholic beverages permitted as an accessory use to a conference and reception center upon compliance with the following conditions:
(1) The securing of a use permit from the Zoning Administrator or Board of Adjustment.
(2) Approval by the Zoning Administrator or the Board of Adjustment of a specific floor plan for the area in which alcohol is to be served.
(3) All alcoholic beverages shall be sold only for consumption on the premises.
c. Outdoor dining permitted as an accessory use to a conference and reception center upon compliance with the following conditions:
(1) The securing of a use permit from the Zoning Administrator or Board of Adjustment.
(2) Approval by the Zoning Administrator Board of Adjustment of a plan indicating the area for outdoor dining.
(3) All alcoholic beverages shall be sold only to patrons seated at tables and only for consumption on the premises. No outdoor bars, patron dancing, or live entertainment shall be permitted.
d. The conference and reception center may not exceed twenty percent (20%) of the total gross leasable area of the office complex.
e. A health/recreation facility, which is limited to employees within the office complex, may not exceed ten percent (10%) of the total gross leasable area of the office complex.
125. Outdoor Sales of Food Items:
Outdoor sales of food items shall be permitted as an accessory use to retail grocery sales as follows, with no more than one entity selling such items permitted at any one time:
a. Outdoor chili roasting, subject to obtaining a use permit under Section 307 and the following limitations:
(1) All roasted chilies sold must be consumed off site.
(2) Sales must be conducted by employees of the retail grocery store.
(3) Sales area must be located within 20' of the front door and not in the parking lot, or as approved by the Zoning Administrator.
(4) Sales limited to the hours of 12:00 noon to 8:00 p.m. each day.
(5) Payment for product must occur indoors.
(6) Employees preparing the food product shall have a food safety permit.
(7) Equipment used for food preparation shall be immobile during operation. Plans for the use of equipment that is fueled by gasoline, propane or similar form of fuel must be approved by the Fire Department.
b. The preparation of food items outdoors, other than roasted chilies, will be permitted for no more than 3 months per year on any site, subject to the following limitations:
(1) All food products sold must be consumed off site.
(2) Sales must be conducted by employees of the retail grocery store.
(3) Sales area must be located within 20' of the front door and not in the parking lot, or as approved by the Zoning Administrator.
(4) Sales limited to the hours of 12:00 noon to 8:00 p.m. each day.
(5) Payment for product must occur indoors.
(6) Employees preparing the food product shall have a food safety permit.
(7) Equipment used for food preparation shall be immobile during operation. Plans for the use of equipment that is fueled by gasoline, propane or similar form of fuel must be approved by the Fire Department.
c. The sale of packaged food items that are not prepared on site shall be permitted for no more than 3 months on any site, subject to the following limitations:
(1) Sales shall be limited to nonprofit organizations or other recognized community entities raising funds for non-personal purposes. No sales by individuals or for personal gain shall be permitted.
(2) Sales limited to the hours of 8:00 a.m. to 10:00 p.m. each day.
(3) Sales areas shall be limited to the private walkway areas adjacent to the building and not in the parking lot.
(4) Sales must be conducted with written permission of grocery store owner or his duly designated representative.
No direct light, sound, smoke or odor caused by any food processed or sold on site shall be broadcast beyond the property boundaries. The outdoor sales operation shall not be visible from any adjacent residential area.
126. Paint and Varnish, Retail Sales
127. Painting Equipment and Supplies, Retail Sales
129. Pet Day Care Facility, Indoor Only, subject to the following limitation:
a. Operation shall be limited to the hours between 6:00 a.m. and 10:00 p.m.
b. The average noise level, measured at the property line, shall not exceed fifty-five dB (one LDN) when measured on an "A weighted" sound level meter and according to the procedures of the Environmental Protection Agency.
130. Pet Day Care Facility, With Outdoor Accessory Uses, subject to the following limitations:
a. A use permit shall be obtained in accordance with the standards and procedures of Section 307.
b. Shall be constructed so that direct unaccompanied access by animals to outside areas of the buildings is not allowed.
c. Animals must be accompanied by a facility employee or pet owner at all times when outside the building. All walks and exercise periods must take place on facility grounds.
d. When located adjacent to a residential district, every building and every outdoor animal exercise run shall be set back at least one hundred feet from any lot line abutting such residential district.
e. A solid masonry wall or fence seven feet in height shall be constructed along the perimeter of all outdoor runs unless otherwise restricted in this Ordinance.
f. Solid waste shall be removed from outdoor exercise areas every five hours at a minimum during time periods when these areas are in use.
g. The average noise level, measured at the property line, shall not exceed fifty-five dB (one LDN) when measured on an "A weighted" sound level meter and according to the procedures of the Environmental Protection Agency.
h. Operation shall be limited to the hours between 6:00 a.m. and 10:00 p.m.
i. Some review period of the use permit may be established should a neighborhood protest occur at the use permit hearing.
131. Pet Care Facility, subject to the following limitations:
a. A use permit shall be obtained in accordance with the standards and procedures of Section 307.
b. Shall be constructed so that direct unaccompanied access by animals to outside areas of the buildings is not allowed.
c. Animals must be accompanied by a facility employee or pet owner at all times when outside the building. All walks and exercise periods must take place on facility grounds.
d. When located adjacent to a residential district, every building and every outdoor animal exercise run shall be set back at least one hundred feet from any lot line abutting such residential district.
e. A solid masonry wall or fence seven feet in height shall be constructed along the perimeter of all outdoor runs unless otherwise restricted in this Ordinance.
f. Solid waste shall be removed from outdoor exercise areas every five hours at a minimum during time periods when these areas are in use.
g. The average noise level, measured at the property line, shall not exceed fifty-five dB (one LDN) when measured on an "A weighted" sound level meter and according to the procedures of the Environmental Protection Agency.
132. Pet Grooming
133. Pet Shops, Retail Sales Only
134. Pharmacy
135. Philatelist (Stamps)
136. Phonograph Records, Sales, Retail
137. Photographers, Commercial Studios
138. Photographic Equipment and Supplies, Retail Sales
139. Picture Framing, Custom
140. Pipe Line Companies, Offices Only
141. Plant Nurseries (permitted as an outdoor use subject to a use permit)
142. Pottery, Retail Sales
143. Private clubs, lodges and community organizations qualifying by law as a nonprofit entity which may conduct activities open to the public and may have their facilities available to the public for functions not involving members, with access from an arterial or collector street as designated on the Street Classification Map, subject to the following conditions or limitations:
a. Music or entertainment shall be permitted subject to the following regulations:
(1) The stage or performance area shall be a maximum of 80 square feet unless a use permit is obtained pursuant to Section 307.
(2) The noise level, measured at any point on the received property, shall not exceed 55 dBa unless a use permit is obtained. An occurrence where the sound level increases up to 60 dBa for five continuous seconds or less shall not be deemed a violation of this section as long as there are no more than five occurrences within an hour-long interval.
(3) Nothing in this section shall be construed to include an adult use.
b. Patron dancing shall be permitted only upon securing a use permit pursuant to Section 307.
c. Outdoor recreation uses, outdoor dining, and outdoor alcoholic beverage consumption shall be permitted as accessory uses only upon securing a use permit, if within 500 feet of a residential district zoning line. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed use is to be conducted closest to the residential district zoning line.
d. Any bar or cocktail lounge which exceeds 5,000 square feet in gross floor area and is located on a lot or parcel within 300 feet of a residential district shall be permitted only upon securing a use permit. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed use is to be conducted closest to the residential district zoning line.
e. Outdoor food preparation and cooking shall be permitted as an accessory use subject to the following conditions:
(1) Securing a use permit pursuant to Section 307.
(2) The regularly used cooking area inside the establishment shall be of equal or greater size than the outdoor cooking area.
(3) The outdoor cooking area shall be located within 50 feet of a building entrance from where the restaurant is operated. This distance shall be measured from the appliance in the outdoor cooking area closest to the building entrance from where the restaurant is operated.
(4) The outdoor cooking area shall be set back a minimum of 300 feet from a residential district. This distance shall be measured from the appliance in the outdoor cooking area closest to the residential district zoning line.
144. Publicity Service
145. Publishers’ Offices
146. Radio and Television, Retail Sales and Service
147. Railroad Agents
148. Range and Stoves, Retail Sales and Service
149. Refrigerators, Retail Sales and Service
Editor’s note—Ord. No. G-5380, § 1, adopted June 3, 2009, effective July 3, 2009, set out provisions to delete Section 622.D.138. Inasmuch as said ordinance pertains to recovery homes, at the editor’s discretion, it is determined that the intent of said section was to delete Section 622.D.142 and renumber subsequent subsections.
150. Restaurants, subject to the following conditions or limitations:
a. Sales of alcoholic beverages shall only be permitted upon securing a use permit which shall include approval of a specific floor plan for the restaurant facility, detailing areas where alcohol may be served.
b. Music or entertainment shall be permitted subject to the following regulations:
(1) The stage or performance area shall be a maximum of 80 square feet unless a use permit is obtained.
(2) The noise level, measured at any point on the received property, shall not exceed 55 dBa unless a use permit is obtained. An occurrence where the sound level increases up to 60 dBa for five continuous seconds or less shall not be deemed a violation of this section as long as there are no more than five occurrences within an hour long interval.
(3) Nothing in this section shall be construed to include an adult use.
c. Patron dancing shall be permitted only upon securing a use permit.
d. Outdoor dining, outdoor recreation uses, and outdoor alcoholic beverage consumption shall be permitted as accessory uses only upon securing a use permit.
e. Drive-through facilities as an accessory use to a restaurant, subject to the following conditions:
(1) Access to the site is to be from an arterial or collector street as defined on the street classification map.
(2) Securing a use permit if the queuing lane for the drive-through facility is less than 300 feet from a residential district zoning line. This distance shall be measured from the point of the queuing lane closest to the residential district zoning line.
f. Outdoor food preparation and cooking shall be permitted as an accessory use subject to the following conditions:
(1) Securing a use permit.
(2) The regularly used cooking area inside the establishment shall be of equal or greater size than the outdoor cooking area.
(3) The outdoor cooking area shall be located within 50 feet of a building entrance from where the restaurant is operated. This distance shall be measured from the appliance in the outdoor cooking area closest to the building entrance from where the restaurant is operated.
(4) The outdoor cooking area shall be set back a minimum of 300 feet from a residential district. This distance shall be measured from the appliance in the outdoor cooking area closest to the residential district zoning line.
151. Rug Sales
152. School for Mentally or Physically Handicapped
153. Schools: Barber, Beauty, Business, Dancing, Data Processing, Insurance, Martial Arts, Modeling, Real Estate and Stenographic.
154. Second Hand or Used Merchandise Sales, subject to the following conditions or limitations:
a. No merchandise shall be received and/or processed for sale at another site; and
b. That no such use is located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another such use regardless of the zoning district.
c. A use permit shall be obtained in accordance with the standards and procedures of Section 307; and
d. The applicant shall provide the following additional information in conjunction with the use permit application:
(1) A survey of second hand or used merchandise sales uses within one mile of the proposed location shall be provided on a form provided by the Planning and Development Department and approved prior to submittal for a change of use to the second hand or used merchandise facility.
(2) Evidence that notice of the date, time, place and nature of the request has been sent by first class mail to each real property owner, as shown on the last assessment of the property, within 300 feet of the subject property.
(3) Evidence that notice of the date, time, place and nature of the request has been sent to all homeowners’ associations registered with the City located within one mile of the subject property.
(4) It shall be the responsibility of the applicant to comply with the provisions of Section 622.D.154, and to provide the City with evidence of such compliance pursuant to Section 622.D.154.b. Failure to comply with these provisions shall be grounds for revocation of the use permit.
155. Self-Service Laundry
156. Service Stations, Automobile (corner lots only in C-1)
a. Propane Retail Sales permitted as an accessory use.
157. Sewing Machines, Household Sales and Service
158. Shoe Repairing
159. Sporting Goods, Retail Sales
160. Stamp Dealers
161. Stationers, Retail Sales
162. Surgical Supplies, Retail Sales
163. Tailors, Custom
164. Tanning Salon
a. Massage Therapy, performed by a licensed massage therapist, is permitted as an accessory use, subject to obtaining a use permit in accordance with the standards and procedures of Section 307.
165. Tapestries
166. Tea Room
167. Teaching of Fine Arts
168. Temporary Environmental Remediation Facilities subject to a use permit if within 300 feet of residential zoning districts. Screening will be required and cannot be chain link or chain link with slats.
169. Tents and Awnings, Retail Sales
170. Theatrical Agencies
171. Toys, Retail Sales
172. Travel Bureau
173. Vacuum Cleaners, Retail Sales
174. Variety Stores, Retail
175. Veterinary Offices, Indoors, subject to the following stipulations:
a. They shall be so constructed and operated as to prevent objectionable noise and odor outside the walls of the office.
b. Keeping or boarding of animals shall not occupy more than 25 percent of the gross floor area of the office.
(1) There shall be no outdoor kennels or runs.
(2) There shall be no direct outside exit from any room containing kennels.
176. Veterinary Offices, with outdoor accessory uses, subject to the following limitations:
a. A use permit shall be obtained in accordance with the standards and procedures of Section 307.
b. Shall be constructed so that direct unaccompanied access by animals to outside areas of the buildings is not allowed.
c. Animals must be accompanied by a facility employee or pet owner at all times when outside the building. All walks and exercise periods must take place on facility grounds.
d. When located adjacent to a residential district, every building and every outdoor animal exercise run shall be set back at least 100 feet from any lot line abutting such residential district.
e. A solid masonry wall or fence seven feet in height shall be constructed along the perimeter of all outdoor runs unless otherwise restricted in this section.
f. Solid waste shall be removed from outdoor exercise areas every five hours at a minimum during time periods when these areas are in use.
g. The average noise level, measured at the property line, shall not exceed 55 dB (one LDN) when measured on an “A weighted” sound level meter and according to the procedures of the Environmental Protection Agency.
h. Operation shall be limited to the hours between 6:00 a.m. and 10:00 p.m.
i. Some review period of the use permit may be established should a neighborhood protest occur at the use permit hearing.
177. Wall Paper, Sales and Display
178. Watches, Sales and Repairing
179. Weaving, Handicraft, Custom
180. Reserved.
Editor’s note—Ord. No. G-5329, § 12, adopted March 4, 2009, effective April 3, 2009, set out provisions to delete Section 622.D.168. Inasmuch as said ordinance pertains to wireless communications, at the editor’s discretion, it is determined that the intent of said section was to delete Section 622, subsection 172.
181. Health Club, Fitness Center
E. Yard, Height and Area Requirements. To protect surrounding neighborhoods and preserve the public welfare, standards are herein established for yard, height and area requirements to provide an appropriate transition between commercial uses and adjoining neighborhoods. In recognition of the goals contained in the General Plan for uses and intensities within core areas, greater heights and intensities are herein encouraged.
1. Any multi-family residential use shall conform to the yard, height, area and density requirements set forth for the R-3 district except as otherwise provided herein:
a. Where dwelling units do not occupy the ground floor, a front yard shall be maintained as provided in Section 701.D.3 for property defined in Section 622.E.3.
b. A request to exceed the yard, height, area or density requirements of Section 615 up to, but not to exceed those of Section 618, may be granted by the City Council, after a recommendation is received from the Planning Commission and in accordance with Section 506, upon finding that such increase is not detrimental to adjacent property or the public welfare in general and that:
(1) The property is within an area of a village core designated on approved plans for such development, or
(2) The property is adjacent to high density residential development of similar intensity and character.
Requests to amend a previously approved application shall follow the amendment procedure set forth in Section 506.
c. A site plan approved in accordance with Section 507 of this ordinance is required for all uses approved pursuant to Section 622.E.1.b.
d. Off-site manufactured home developments shall comply with all development regulations of Section 608.J, including use permit removal.
2. Single-Family Infill (SFI) subdivisions shall be developed only as permitted by the provisions of Section 608.I. R-3 Planned Residential Development option standards shall apply when not identified or modified by Section 608.I.
3. The following yard, height and area requirements shall apply to: 1) all structures located in a core area as defined in the General Plan except that for purposes of this provision, the Central City Village Core shall be defined as the area bounded by 7th Avenue, 7th Street, Roosevelt Street and Madison Street; 2) structures located on property which abuts Central Avenue between Camelback Road on the north and Harrison Street on the south; and 3) structures that have received rezoning approval prior to June 15, 1988, and are subject to a City Council stipulated site plan in accordance with Section 506.B and with exceptions as provided for residential uses in Section 622.E.1.
b. Side yards are required as provided in Section 701.D.3 and in this Section.
c. Where a side property line of a Commercial C-l lot is in common with a sideline of a residence lot, the side yard setback of buildings on the C-l lot shall be not less than five (5) feet.
d. Where a lot in a C-l District is contiguous at the rear to a lot in any residence district or is separated therefrom only by an alley, a rear yard of fifteen (15) feet shall be provided on the C-l lot, provided that such fifteen (15) feet may be measured from the centerline of any existing sixteen (16) foot or wider alley or what would be the centerline of a sixteen (16) foot or wider alley when only a partial alley exists.
e. Pumps dispensing liquid fuel at automobile service stations shall maintain such setbacks as required in Section 622.D. (No. 141), Section 701A.7, and as required by the City of Phoenix Fire Code.
f. A maximum building height of four (4) stories not to exceed fifty-six (56) feet shall be permitted.
4. For any other non-residential uses permitted in this district except as provided in Section 622.E.3 the following requirements shall apply:
a. A maximum building height of two (2) stories not to exceed thirty (30) feet shall be permitted.
b. Request to exceed the above height limits may be granted by the City Council for developments up to four (4) stories not to exceed fifty-six (56) feet upon recommendation from the Planning Commission or the Zoning Hearing Officer finding that such additional height is not detrimental to adjacent property or the public welfare in general.
c. Canal Right-of-Way Setbacks: An average 20-foot setback shall be provided for sites containing structures not exceeding two stories or 30 feet in height with a minimum 15-foot setback permitted for up to 50 percent of the structure (including projections). An average 30-foot setback shall be provided for sites containing any structure exceeding two stories or 30 feet in height with a minimum 20-foot setback permitted for up to 50 percent of the structure (including projections). Landscaping equal to the required average setback times the canal frontage (exclusive of necessary driveways or canal right-of-way access ways) shall be provided adjacent to the canal right-of-way property line and shall not be less than 15 feet in depth.
d. Except as provided in Section 622.E.4.f. the following building setbacks (excluding canal right-of-way setbacks) shall apply:*
BUILDING SETBACKS | ||||
|---|---|---|---|---|
Adjacent to Streets | ||||
For structures not exceeding two stories or 30' | Average 25' | Minimum 20' permitted for up to 50% of structure, including projections | ||
For structures exceeding two stories or 30' | Average 30' | [Same as above] | ||
Not Adjacent to Streets | ||||
When Adjacent Zoning is: | ||||
Maximum building height | S-1, S-2, RE-43 to R-3(*) | R-3A, R-4, R-5, R-4A(*) | CP, Ind. Pk., PSC, RSC, MUA, DC, GC, RH, UR | C-1, C-2, C-3 A-1, A-2, CP, Ind. Pk., P-1, P-2 |
1 story (or 15') | 25' | 10' | 10' | 0' |
2 story (or 30') | 50' | 15' | 10' | 0' |
3 story (or 42') | 100' | 30' | 10' | 0' |
4 story (or 56') | 150' | 45' | 10' | 0' |
*Additional one foot setback shall be provided for each additional one foot of height.
e. Landscaping requirements/materials, except as provided in 622.E.4.f below:
Streetscape | |
|---|---|
Landscaped Setback | Average 25' for structures not exceeding two stories or 30', minimum 20' permitted for up to 50% of the frontage. Average 30', for structures exceeding two stories or 30' minimum 20' for up to 50% of the frontage. |
Plant Type | Minimum Planting Size |
Trees* | Min. 2-inch caliper (50% of required trees) Min. 3-inch caliper or multi-trunk tree (25% of required trees) Min. 4-inch caliper or multi-trunk tree (25% of required trees) |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
Parking Lot Area | |
|---|---|
Interior surface area (exclusive of perimeter landscaping and all required setbacks) | Min. 10% |
Landscaped planters | At ends of each row of parking & approximately every 110' |
Landscaped planters**, single row of parking | Min. 120 sq. ft.*** |
Landscaped planters**, double row of parking | Min. 240 sq. ft.*** |
Additional parking lot landscaping | As needed to meet 10% minimum requirement, evenly distributed throughout the entire parking lot. Min. interior dimension 5' (length and width). |
Plant Type | |
|---|---|
Minimum Planting Size | |
Trees | Min. 2-inch caliper (60% of required trees) |
Min. 1-inch caliper (40% of required trees) | |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
Perimeter Property Lines (not adjacent to a street) | |
|---|---|
Property lines not adjacent to a street | Min. 10-foot landscaped setback |
Property lines not adjacent to a street, but adjacent to property zoned C-1, C-2, C-3, A-1, A-2, Commerce Park | None |
Plant Type | Minimum Planting Size |
Trees* | Min. 2-inch caliper (60% of required trees) Min. 1-inch caliper (40% of required trees) |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
Adjacent to a Building | |
|---|---|
Building facades within 100' of the public right-of-way or adjacent to public entries to the building (excluding alleys)**** | Min. 25% of the exterior wall length shall be treated with either a landscaped planter a min. 5' in width or an arcade or equivalent feature |
Plant Type | Minimum Planting Size |
Trees* | Min. 2-inch caliper (60% of required trees) |
Min. 1-inch caliper (40% of required trees) | |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
*20 feet on center or equivalent groupings.
**Not to exceed the length of a standard City of Phoenix parking stall.
***Measured from inside face of curb to inside face of curb.
f. For new commercial and office development on parcels of five acres or less that are to be constructed adjacent to pre-existing structures that have less than a 25-foot front building setback:
(1) The twenty-five (25) foot minimum building and landscaped setback adjacent to a street for buildings less than two (2) stories or thirty (30) feet in height shall be reduced to the minimum setback established by the predominant frontage of existing buildings on a block not to exceed three hundred feet on any side of the subject property. The reduced building setback shall not conflict with visibility requirements.
(2) A minimum of five (5) feet landscaping, canopy/shade structure, or combination thereof shall be provided adjacent to the street frontage.
(3) At least one (1) identifiable public entrance directly accessible within fifty (50) feet adjacent to the street frontage shall be provided.
(4) A minimum of 50% of the area of the front building facade shall be composed of windows, shadow boxes, artwork or comparable architectural feature. The area to be counted toward the 50% shall begin no higher than 12 feet above finished floor. This computation will exclude entrances to parking and loading areas.
(5) A use permit in accordance with the provisions of Section 307 is required to modify:
(a) The requirements for structure setback and number or location of public entrances directly adjacent to the street frontage may be modified by up to fifty percent (50%) when:
(1) The modification furthers the intent of this Section through the provision of alternative design features that enhance the urban character of the pre-existing structures on the subject block, or
(2) Due to a small or irregular lot size or configuration, reasonable compliance with the standards of this Section is precluded or impractical.
(b) The requirements involving the area of the building facade that must be composed of windows, shadow boxes, artwork, or other architectural features, and the location of said features, may be modified by up to twenty-five percent (25%) when:
(1) The modification furthers the intent of this Section through the provision of alternative design features that enhance the urban character of the pre-existing structures on the subject block, or
(2) Due to a small or irregular lot size or configuration, reasonable compliance with the standards of this Section is precluded or impractical.
g. Accessory Uses: No accessory uses except for site ingress and egress, and public transportation related pedestrian amenities shall be provided within any required perimeter landscaped setback.
Surface and above grade public utilities may be permitted within the required perimeter landscaped setback subject to a use permit as approved by the Zoning Administrator or Board of Adjustment.
h. Lot Coverage: Lot coverage shall not exceed 50 percent (50%) of the net lot area exclusive of the first six (6) feet of roof overhang, open carports, covered patios or covered walkways.
i. Site Access: Access to a site containing any structure exceeding two (2) stories or (30) feet in height shall only be from an arterial or collector street as defined on the street classification map.
j. Site Plans: A site plan approved in accordance with Section 507 is required for sites containing any structure exceeding two (2) stories or thirty (30) feet in height.
k. The lot coverage, landscape or structure setback requirements up to 25 percent of the established setback for one- and two-story structures may be modified only upon securing a use permit and when:
(1) The proposed structure or use would occupy a lot which had been developed and used prior to June 15, 1988, and
(2) Due to the lot size or configuration, reasonable compliance with the standards of this Section is precluded, and
(3) It is demonstrated that the proposed structure and use furthers the intent of this Section through the provisions of alternative measures such as enhanced landscaping, screening walls, etc. which exceed the minimum standards as contained herein.
F. Outdoor Storage, Push Carts.
1. Push carts made available for use by the public may be stored in temporary cart corrals located within the parking area of the retail center during normal business hours. Push carts must be stored inside the building or in an outdoor enclosure that is fully screened so as not to be visible from the property line or street after normal business hours or when not being used on a long term basis.
Section 623. Commercial C-2 District—Intermediate Commercial.
A. Purpose. The C-2, Commercial Intermediate District, is a district of commercial uses of medium intensity designed to be compatible with each other and to provide for a wide range of types of commercial activity within the district.
B. District Restrictions.
1. Except as otherwise provided, all permitted uses and storaging of materials or supplies shall be conducted entirely within a closed building.
2. The display of merchandise outdoors as an accessory use to the permitted uses set forth in Section 623.D is prohibited unless a use permit is obtained and subject to the following standards for the outdoor display area:
a. A maximum 300 square feet of display area can be located anywhere along the building except as noted in Section 623.B.2.b;
b. No display or sale is permitted within ten linear feet of either side of the building entrance or exit;
c. The depth, measured from the front facade of the building, may not exceed ten feet unless otherwise approved by the Planning and Development Department upon a determination that a greater depth does not interfere with any pedestrian passage;
d. Payment for the products displayed must occur indoors;
e. Outdoor display or sales shall not be located within any required setbacks or in the parking lot;
Large scale commercial retail uses shall meet the requirements set forth in section 623.E.5.f. and 623.E.5.g.;
f. Outdoor display of second hand/used merchandise sales is prohibited.
3. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. No noise, odor or vibration shall be emitted so that it exceeds the general level of noise, odor or vibration emitted by uses outside the site. Such comparison shall be made at the boundary of the site.
4. Promotional Events: The requirements for promotional events within this zoning district shall be the same as those set forth in the Planned Shopping Center District, Section 637.A.4, of this ordinance.
5. All commercial uses restricted to closed buildings except parking lots and liquid fuel pump services.
6. No use shall be considered an accessory use which is listed as a permitted use in any of the following districts: C-3, A-1, A-2, or S-2, unless otherwise specifically provided.
7. No boats or other types of watercraft, motorcycles, tractors, or similar vehicles that are built to carry passengers or cargo can be sold or displayed for sale on-site except by a registered vehicle retail sales dealership.
8. A commercial property owner can display for sale vehicles, which for purposes of this provision includes trailers, watercraft or other types of transportation that are built to carry passengers or cargo, when the display is being done on behalf of or in conjunction with a registered vehicle retail sales dealership and a use permit has been obtained in compliance with Section 307. The actual sale of the vehicle displayed must be completed by the registered retail sales dealership at their vehicle sales dealership site.
9. With the exception of those instances listed above in Sections 623.B.7 and B.8, no other types of vehicle built to carry passengers or cargo can be sold or displayed for sale on-site except by a registered vehicle retail sales dealership and upon obtaining a special permit pursuant to Section 647.
C. Permitted Uses—Residential.
1. Single-family residential uses, but only within Single-Family Infill (SFI) Subdivisions developed per the provisions of Section 608.I, including use permit approval where applicable.
2. All other residential uses other than single-family, as permitted in the C-1 district.
3. Boarding house.
5. Group home.
6. Nursing home.
D. Permitted Uses—Non-Residential. All non-residential uses permitted in the C-1 district; and in addition the following:
1. Adult bookstore, adult novelty store, adult theatre, adult live entertainment establishment, erotic dance or performance studio, subject to the following conditions or limitations:
a. None of the above listed uses may be located within 1,000 feet of the same type of adult use or any of the other adult uses listed above. This distance shall be measured from the exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted.
b. None of the above listed uses may be located within 1,320 feet of a child care facility licensed by the State, private, public or charter school, a publicly owned playground, a publicly owned park recreation facility, or place of worship. This distance shall be measured from the nearest point on the property line of a parcel containing an adult oriented business to the nearest point on the property line of a parcel containing the specified use. In addition an adult use shall not locate within 1,320 feet of any of the following use districts: RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, S-1, PAD-1 through PAD-15. This distance shall be measured from the nearest point on the property line of a parcel containing an adult oriented business to the nearest zoning district line.
An adult use lawfully operating in conformity with this section does not violate this section if the uses listed or zoning districts in this subsection subsequently locate within 1,320 feet of the adult use.
c. Adult live entertainment, or erotic dance or performance studio, subject to a use permit.
d. These provisions shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law.
e. Notwithstanding any other provision of this ordinance, an adult bookstore, adult novelty store, adult theatre, adult live entertainment establishment, or erotic dance or performance studio which is a nonconforming use or which does not conform to the separation standards set forth in this section shall not be converted to another of the above listed adult uses. An adult bookstore, adult novelty store, adult theatre, adult live entertainment establishment, or erotic dance or performance studio which is a nonconforming use or which does not conform to the separation standards set forth in this section shall not be expanded beyond the floor area devoted to such adult use on the effective date of this ordinance.
2. Agricultural Implements, Distributions and Display, Retail Sales
3. Ambulance Service Office
5. Architects’ Supplies
6. Artificial Limbs, Braces, Sales
7. Artist’s Materials and Supplies, Wholesale
8. Assayers (See "Laboratory")
9. Assembly Halls, Auditoriums and Banquet Halls, subject to the following conditions:
a. Any assembly hall or banquet hall of less than 25,000 square feet in gross floor area shall be permitted only upon securing a use permit pursuant to Section 307.
b. Outdoor uses shall be permitted only upon securing a use permit pursuant to Section 307.
10. Auctioneers’ Auditorium, for Antiques, Fine Arts and Furniture, subject to a Use Permit.
11. Automobile Parts and Supplies, New Retail and Wholesale
12. Auto Seat Covers and Trim Shop
13. Automobile Rental excluding household moving centers, subject to the following regulations:
a. No on-site maintenance/washing allowed.
b. Maximum of 15 rental cars at any one location.
15. Bakers and Baked Goods, Manufacturing Wholesale and Storage
16. Balls and Bearings, Retail Sales
18. Barbers’ Supplies, Retail and Wholesale
19. Bathroom Accessories, Display and Retail Sales Only
20. Baths, Public
21. Beauty Shop
a. Massage Therapy, performed by a licensed massage therapist, is permitted as an accessory use.
22. Beauty Shop Equipment, Retail Sales
23. Beer, Ale and Wine Distributor, Wholesale and Storage (no bottling)
25. Bingo
26. Biomedical and Medical Research Office and/or Laboratory
27. Blood Banks and Blood Plasma Centers as accessory to a hospital
28. Blueprinting
29. Boats, Retail Sale
30. Bookbinders, Commercial
31. Bowling Alleys
32. Brushes, Retail Sales
33. Building Materials, Retail Sales Only
34. Burglar Alarm Equipment Sales and Service
35. Burglar Alarm Watching Service
36. Bus Terminal, subject to the following conditions and/or limitations:
a. Shall not locate within 100 feet of a residentially zoned property,
b. Maintenance and fueling operations are prohibited,
c. All operations except passenger/cargo loading and unloading shall be conducted inside the building,
d. Buses shall not park for more than 12 hours.
37. Business Machines, Distribution and Retail Sales, Repair and Service, Storage and Wholesale
38. Butchers’ Supplies, Retail and Wholesale
39. Candy, Wholesale Distribution
40. Carpet, Rug and Furniture Cleaners
a. All activity except loading and unloading restricted to a closed building.
b. All solvents, shampoos, detergents and other agents shall be non-combustible and non-explosive, and shall require approval of the City Fire Marshal, and same shall not emit odors beyond the zoned lot boundaries.
c. Only hand portable machinery shall be permitted.
41. Car Wash. May be in an open building subject to a use permit.
42. Chemicals and Drugs, Storage and Distribution
43. Cigarette Service
44. Cigars Manufacturing, Custom Hand Rolled
46. Cleaning and Dyeing Plants
47. Clothing, Wholesale and Distribution
49. Coin Machines, Rental and Service
50. Reserved.
51. Compressed Natural Gas (CNG) Retail Sales, as an accessory use to automobile service stations, subject to the following limitations:
a. A use permit shall be obtained in accordance with the standards and procedures of Section 307 when the equipment is located on a lot or parcel which is contiguous to a lot or parcel which is zoned for residential development.
b. Natural gas fueling equipment may be sheltered by an enclosure constructed of non-combustible or limited combustible materials that has at least one side predominantly open and a roof designed for ventilation and dispersal of escaped gas. This facility shall be considered outdoors for Zoning Ordinance purposes. If the fueling equipment is not sheltered by such a structure, the equipment shall be screened with a masonry block wall which is architecturally compatible with the buildings on the site; the wall shall be predominantly open on one side.
c. The equipment shall not be located closer than one hundred (100) feet to a residential property line or four hundred (400) feet to a school property line.
d. The use shall comply with all pertinent requirements of the Phoenix Fire, Building, and Electrical Codes.
e. Signage on shelter wall shall be limited to that required by the Fire Code.
f. No container shall exceed a size of three hundred (300) gallons water capacity; no more than six (6) containers shall be included at a CNG facility. The containers shall be mounted horizontally.
52. Confectioners, Wholesale
53. Contractors Equipment and Supplies, Retail Sales
54. Contractors’ Office with Inside Storage of Materials Only
55. Conveyors, Retail Sales
56. Curios, Wholesale
58. Dental Supplies, Retail and Wholesale
59. Diaper Supply Service
60. Dolls, Repairing
61. Draperies, Manufacturing
62. Drawing Materials, Retail Sales and Wholesale
65. Egg, Storage and Processing
66. Electric Equipment, Retail Sales and Repair
67. Engravers
68. Exhibition Hall
70. Farm Implements and Machinery, Retail Sales
71. Feed, Retail and Sales Office
72. Fire Protection Equipment and Supplies, Retail Sales and Service
73. Floor Coverings, Retail and Wholesale
74. Florist, Wholesale
76. Furniture, Repairing and Refinishing
78. Garage Equipment, Retail Sales
79. Garage, Repair, Not Body and Fender Shops
80. Garages, Public
81. Gas Regulating Equipment, Sales and Service
83. Guns, Retail Sales and/or Repairs, subject to the following limitations:
a. Commercial loading of small arms ammunition for on-site retail sale shall be permitted as an accessory use upon compliance with the following conditions:
(1) A maximum of five thousand (5,000) cartridges loaded per day.
(2) Ammunition loading and component storage activity shall not occupy more than two hundred (200) square feet, or 10 percent (10%) of the gross building area, whichever is less.
b. Commercial loading of small arms ammunition for on-site retail sale in excess of the standards listed in subsection 1 above shall be permitted subject to the following limitations:
(1) A maximum of ten thousand (10,000) cartridges loaded per day,
(2) Ammunition loading and component storage activity shall not occupy more than five hundred (500) square feet, or 25 percent (25%) of the gross building area, whichever is less, and
(3) A use permit shall be obtained subject to the provisions of Section 307
c. The quantities, arrangement, distance requirements for the storage of propellant powder, primers, and percussion caps shall be in accordance with the Fire Code.
d. A permit to load ammunition shall be obtained from the Fire Department.
e. In addition to applicable requirements listed in subsections 1-4 above, the loading of specialty or custom ammunition shall be subject to obtaining a use permit pursuant to the provisions of Section 307.
84. Gymnasiums, Private or Commercial
85. Hospice.
86. Hospital. The following shall be permitted as an accessory use to a hospital:
a. Recreational vehicle parking. Recreational vehicle parking stalls shall be located no less than 60 feet from the hospital perimeter boundary, and be delineated on a site plan. Recreational vehicle parking areas are subject to an approved parking plan for new facilities, or an amended parking plan for existing facilities.
b. Helistop, subject to the following regulations and conditions:
(1) The hospital shall be licensed by the State of Arizona either as a "general hospital" or as a "specialty hospital—children’s," and for a minimum of 50 beds.
(2) A letter from the Phoenix Aviation Department that articulates concurrence that the following items have been addressed:
(a) Compliance with the Federal Aviation Administration Advisory Circular No. 150/5390-2C "Helistop and Heliport Design," or subsequent revisions to this advisory circular.
(b) Submission of the "Notice of Landing Area Proposal" Federal Aviation Form 7480-1 and a letter of determination with no objection from the FAA.
(3) A helicopter sitting on the touchdown pad of a helistop or heliport shall emit a maximum noise level of no greater than 90 dB(A) at the boundaries of the lot or parcel containing the nearest residential use. Noise will be measured with an IEC (International Electrotechnical Commission) or ANSI S1.4-1971 (American National Standards Institute) Type 1 sound level meter with A-weighted impulse response.
87. Hotel Equipment, Supplies and Retail Sales
89. Janitors’ Supplies, Storage and Warehouse
90. Jewelers, Manufacturing
91. Jewelers, Wholesale
92. Kiddieland, subject to a use permit
93. Laboratories, Testing and Research
94. Laundries
95. Laundry Equipment and Supplies
96. Lawn Furniture, New, Sales
97. Lawn Mower Repair Shops
98. Leather Goods: Repairing, Sales, Custom or Handicraft Manufacturing
99. Linen Supply Laundry Service
100. Lithographers
102. Lockers, Food Storage
103. Locksmiths’ Repair Shops
104. Machinery Dealers, Retail Sales and Showrooms
105. Machinery Rental
106. Medical Supplies, Retail Sales and Rentals
107. Milliners, Wholesale and Manufacturing
108. Millinery and Artificial Flower Making
109. Milling Equipment. Showrooms, Retail Sales
110. Mimeographing and Multigraphing, Commercial
111. Mineral Water Distillation and Bottling
112. Miniature Golf
113. Mirrors, Resilvering; Custom Work
114. Monuments, Retail Sales and Display
115. Mortuary
116. Motion Picture Equipment, Retail Sales and Display
117. Motion Picture Theatres
118. Motorcycles, Repairing and Sales
119. Musical Instruments, Repairing and Retail Sales
120. Music Studios
121. News Dealers
122. News Service
123. Newspaper Printing
124. Nonprofit medical marijuana dispensary facility, subject to the following conditions and limitations; failure to comply with the below regulations and requirements is subject to revocation per Section 307.
a. A use permit shall be obtained in accordance with standards and procedures of Section 307 and the following:
(1) Shall be reviewed every 365 calendar days.
(2) Provide name(s) and location(s) of the off-site cultivation location.
(3) Include a copy of the operating procedures adopted in compliance with Section 36-2804(B)(1)(c), Arizona Revised Statutes.
(4) A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below.
b. Cultivation of medical marijuana is prohibited.
c. Shall be located in a closed building and may not be located in a trailer, cargo container, motor vehicle or similar structure or motorized or nonmotorized vehicle.
d. Shall not exceed 5,000 square feet of combined net floor area dedicated exclusively to the nonprofit medical marijuana dispensary and marijuana establishment; this shall include all storage areas, retail space and offices for the nonprofit medical marijuana dispensary and marijuana establishment.
e. Shall not be located within 5,280 feet of the same type of use or a medical marijuana cultivation or infusion facility. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the nearest exterior wall or portion thereof of another medical marijuana dispensary, cultivation, or infusion facility.
f. Shall not be located within 500 feet of the following residentially zoned districts: S-1, S-2, RE-43, RE-35, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R3-A, R-4, R-4A, R-5, and PAD-1 through PAD-15. This distance shall be measured from the exterior walls of the building or portion thereof in which the dispensary business is conducted or proposed to be conducted to the zoning boundary line of the residentially zoned district.
g. Shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park, public community center, dependent care facility, homeless shelter, or youth community center. This distance shall be measured from the exterior walls of the building or portion thereof in which the dispensary business is conducted or proposed to be conducted to the property line of the protected use.
h. Shall not be located within 1,320 feet of a place of worship. This distance shall be measured from the exterior walls of the building or portion thereof in which the dispensary business is conducted or proposed to be conducted to the property line of the place of worship.
i. Shall have operating hours not earlier than 8:00 a.m. and not later than 10:00 p.m.
j. Drive-through services are prohibited.
k. There shall be no emission of dust, fumes, vapors or odors into the environment from the premises.
l. The retail sale of marijuana and marijuana products to consumers in a marijuana establishment shall be permitted as accessory use only.
125. Novelties, Wholesale
126. Reserved.
127. Office Service: Stenographic Service, Letter Preparation, Addressing and Mailing, Duplicating, Multigraphing, Machine Tabulation, Research and Statistical
128. Oil Burners, Retail Sales and Repairs
129. Optical Goods, Manufacturing and Sales
130. Orthopedic Appliances, Manufacturing and Sales
131. Outside Retail Food Sales as an accessory use to a general retailer with a minimum of one hundred thousand (100,000) square feet of gross business area, including outside garden centers, subject to the following limitation:
a. A use permit shall be obtained in accordance with the standards and procedures of Section 307.
132. Painters’ Equipment and Supplies Shops, Wholesale and Storage
133. Parking Lot, Commercial, Subject to Provisions of Section 702
134. Pawn Shop. Subject to the following limitations:
a. A use permit shall be obtained subject to the standards and procedures of Section 307.
b. The exterior walls of the building in which the use is located shall be at least five hundred (500) feet from a residential district.
135. Reserved.
136. Photographic Developing and Printing
137. Photo-Engraving Company
138. Physical Therapy Equipment, Retail and Wholesale
139. Plastic and Plastic Products, Retail and Wholesale
140. Playground Equipment Sales
141. Plumbing Fixtures and Supplies, Display and Retail Sales
142. Pool and Billiard Halls
143. Poster Illustration, Studio
144. Pottery and Ceramics, Wholesale
145. Precision Instruments, Custom Repair
146. Printers
147. Propane Retail Sales permitted as an accessory use to service stations.
148. Propane Retail Sales as an outside accessory use to a retail facility.
149. Public Storage Garages
150. Public Utility Service Yards subject to the following conditions:
a. Securing a use permit.
b. All outside storage or uses shall be enclosed by a minimum six (6) foot screen fence.
(1) Said fence shall be masonry construction when adjoining a residence district.
(2) A ten (10) foot wide landscaped area outside of the wall, with screen plantings maintained to a height of ten (10) feet shall be provided when adjoining a residence district.
c. No lighting standards over six (6) feet high shall be located within twenty-five (25) feet of a residence district.
151. Pumps, Retail Sales and Display
152. Radio Repair Shop
153. Radio and Television Broadcasting Stations
154. Radio and Television Studios
155. Reducing Salons
156. Refrigeration Equipment, Repairs and Sales
157. Restaurants, Bars and Cocktail Lounges, subject to the following conditions or limitations:
a. Music or entertainment shall be permitted subject to the following regulations:
(1) The stage or performance area shall be a maximum of 80 square feet unless a use permit is obtained.
(2) The noise level, measured at any point on the received property, shall not exceed 55 dBa unless a use permit is obtained. An occurrence where the sound level increases up to 60 dBa for five continuous seconds or less shall not be deemed a violation of this section as long as there are no more than five occurrences within an hour long interval.
(3) Nothing in this section shall be construed to include an adult use.
b. Patron dancing shall be permitted only upon securing a use permit.
c. Outdoor recreation uses, outdoor dining, and outdoor alcoholic beverage consumption shall be permitted as accessory uses only upon securing a use permit, if within 500 feet of a residential district zoning line. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed use is to be conducted closest to the residential district zoning line.
d. Drive-through facilities as an accessory use to a restaurant, subject to the following conditions:
(1) Access to the site is to be from an arterial or collector street as defined on the street classification map.
(2) Securing a use permit if the queuing lane for the drive-through facility is less than 300 feet from a residential district zoning line. This distance shall be measured from the point of the queuing lane closest to the residential district zoning line.
e. Any bar or cocktail lounge which exceeds 5,000 square feet in gross floor area and is located on a lot or parcel within 300 feet of a residential district shall be permitted only upon securing a use permit. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed use is to be conducted closest to the residential district zoning line.
f. Outdoor food preparation and cooking shall be permitted as an accessory use subject to the following conditions:
(1) Securing a use permit.
(2) The regularly used cooking area inside the establishment shall be of equal or greater size than the outdoor cooking area.
(3) The outdoor cooking area shall be located within 50 feet of a building entrance from where the restaurant is operated. This distance shall be measured from the appliance in the outdoor cooking area closest to the building entrance from where the restaurant is operated.
(4) The outdoor cooking area shall be set back a minimum of 300 feet from a residential district. This distance shall be measured from the appliance in the outdoor cooking area closest to the residential district zoning line.
158. Restaurant Equipment, Supplies and Retail Sales
159. Riding Equipment Sales
160. Road Building Equipment, Retail Sales
161. Rug Cleaning
163. Safes, Repairing and Sales
164. Saw Sharpening Shop
165. Schools: Barber, Beauty, Business, Commercial, Correspondence, Data Processing, Dancing, Gymnastics, Health, Insurance, Martial Arts, Modeling, Private, Real Estate, and Stenographic
167. Second Hand/Used Merchandise, Sales
168. Service Station Equipment, Wholesale
169. Sewing Machines, Commercial and Industrial Type, Retail Sales and Repairing
170. Shoe Repairing Equipment and Supplies, Wholesale
171. Sightseeing Tours, Garages and Depot
173. Skating Rinks, Indoor
174. Slip Covers, Custom Manufacturing
176. Soda Fountain Supplies, Retail and Wholesale
177. Sound Systems and Equipment Sales
178. Sound Systems, Rentals and Repairs
179. Special School or Training Institution not offering curriculum of general instruction comparable to public schools
181. Sporting Goods, Wholesale
a. The sale of gunpowder and primers in excess of permitted retail quantities as regulated by the Fire Code shall be subject to the following conditions:
(1) Wholesale sales revenue shall constitute a minimum of seventy-five percent (75%) of sales revenue on the premises.
(2) The quantities, arrangement, and distance of such storage shall be in accordance with the Fire Code.
182. Steam Baths
183. Surgical Supplies, Wholesale
184. Surplus Stores
185. Swimming Pool, Commercial, Outdoor
186. Tanning Salon
a. Massage therapy, performed by a licensed massage therapist, is permitted as an accessory use.
187. Tattoo Shops, subject to securing a use permit pursuant to Section 307.
188. Taxicab Garages
189. Taxidermists
190. Telegraph Companies, Facilities and Offices
191. Telephone Companies, Facilities and Offices
192. Theaters
193. Tire Repairing Equipment and Supplies
194. Tobacco Oriented Retailers, subject to the following limitations:
a. Shall not be located within 500 feet of the same type use. This distance shall be measured from the property line of the parcel in which the use is conducted to the nearest property line of the parcel of the same type of use.
b. Shall not be located within 1,320 feet of a public, private, or charter school providing primary or secondary education, a park or playground, dependent care facility, homeless shelter, youth community center, recreation center, or place of worship. This distance shall be measured from the property line of the parcel in which the use is conducted to the nearest property line of the protected use.
196. Tombstones, Sales and Display
197. Tools, Wholesale and Distribution
198. Tortillas, Manufacturing Wholesale
199. Towels, Supply Service
200. Tractors, Retail Sales, Display
201. Upholsterers, Custom, Retail Sales and Supplies
202. Venetian Blinds, Custom Manufacturing and Cleaning
203. Veterinarians’ Supplies, Retail and Wholesale
204. Veterinary offices subject to the following conditions:
a. They shall be so constructed and operated as to prevent objectionable noise and odor outside the walls of the office.
b. Keeping or boarding of animals shall not occupy more than twenty-five percent (25%) of the gross floor of the office.
(1) There shall be no outdoor kennels or runs.
(2) There shall be no direct outside exit from any room containing kennels.
205. Veterinary Hospitals subject to the following conditions:
a. They shall be no closer than one hundred (100) feet to any residential district or to any residence, hotel, motel or restaurant in any district and shall have adequate controls to prevent offensive noise and odor.
206. Washing Machines, Retail Sales and Display, Custom Repairing
207. Water or Mineral, Drinking or Curative, Bottling and Distribution
208. Water Softening Equipment, Service and Repairs
209. Window Cleaners’ Service
210. Window Display Installations, Studio and Shops
211. Window Glass Installation Shops
E. Yard, Height and Area Requirements. To protect surrounding neighborhoods and preserve the public welfare, standards are herein established for yard, height and area requirements to provide an appropriate transition between commercial uses and adjoining neighborhoods. In recognition of the goals contained in the General Plan for uses and intensities within core areas, greater heights and intensities are herein encouraged.
1. Any multi-family residential use shall conform to the yard, height, area and density requirements set forth for the R-3 district except as otherwise provided herein:
a. Where dwelling units do not occupy the ground floor, a front yard shall be maintained as provided in Section 701.D.3 for property defined in Section 623.E.3.
b. A request to exceed the yard, height, area or density requirements of Section 615 up to, but not to exceed those of Section 618, may be granted by the City Council, after a recommendation is received from the Planning Commission and in accordance with Section 506 upon finding that such increase is not detrimental to adjacent property or the public welfare in general and that:
(1) The property is within an area of a village core designated on approved plans for such development, or
(2) The property is adjacent to high density residential development of similar intensity and character.
Requests to amend a previously approved application shall follow the amendment procedure set forth in Section 500.
c. A site plan approved in accordance with Section 507 of this ordinance is required for all uses approved pursuant to Section 623.E.1.b.
d. Off-site manufactured home developments shall comply with all development regulations of Section 608.J, including use permit approval.
2. Single-Family Infill (SFI) Subdivisions shall be developed only as permitted by the provisions of Section 608.I. R-3 Planned Residential Development option standards shall apply when not identified or modified by Section 608.I.
3. The following yard, height and area requirements shall apply to: 1) all structures located in a core area as defined in the General Plan except that for purposes of this provision, the Central City Village Core shall be defined as the area bounded by 7th Avenue, 7th Street, Roosevelt Street and Madison Street; 2) structures located on property which abuts Central Avenue between Camelback Road on the north and Harrison Street on the south; and 3) structures that have received rezoning prior to June 15, 1988, and are subject to a City Council stipulated site plan in accordance with Section 506.B and with exceptions as provided for residential uses in Section 623.E.1.
c. Pumps dispensing liquid fuel at automobile service stations shall maintain such setbacks as required in Section 622.E (No. 140), Section 701.A.7, and as required by the City of Phoenix Fire Code.
d. A maximum building height of four (4) stories not to exceed fifty-six (56) feet shall be permitted.
4. For any other non-residential uses permitted in the district, except as provided in Sections 623.E.3 and 623.E.5, the following requirements shall apply:
a. A maximum building height of two (2) stories not to exceed thirty (30) feet shall be permitted.
b. Request to exceed the above height limits may be granted by the City Council for developments up to four (4) stories not to exceed fifty-six (56) feet upon recommendation from the Planning Commission or the Zoning Hearing Officer finding that such additional height is not detrimental to adjacent property or the public welfare in general.
c. Canal Right-of-Way Setbacks: An average 20-foot setback shall be provided for sites containing structures not exceeding two stories or 30 feet in height with a minimum 15-foot setback permitted for up to 50 percent of the structure (including projections). An average 30-foot setback shall be provided for sites containing any structure exceeding two stories or 30 feet in height with a minimum 20-foot setback permitted for up to 50 percent of the structure (including projections). Landscaping equal to the required average setback times the canal frontage (exclusive of necessary driveways or canal right-of-way access ways) shall be provided adjacent to the canal right-of-way property line and shall not be less than 15 feet in depth.
d. Except as provided in Section 622.E.4.f., the following building setbacks (excluding canal right-of-way setbacks) shall apply:
BUILDING SETBACKS | ||||
|---|---|---|---|---|
Adjacent to Streets | ||||
For structures not exceeding two stories or 30' | Average 25' | Minimum 20' permitted for up to 50% of structure, including projections | ||
For structures exceeding two stories or 30' | Average 30' | [Same as above] | ||
Not Adjacent to Streets | ||||
When Adjacent Zoning is: | ||||
Maximum building height | S-1, S-2, RE-43 to R-3(*) | R-3A, R-4, R-5, R-4A(*) | CP, Ind. Pk., PSC, RSC, MUA, DC, GC, RH, UR | C-1, C-2, C-3 A-1, A-2, CP, Ind. Pk., P-1, P-2 |
1 story (or 15') | 25' | 10' | 10' | 0' |
2 story (or 30') | 50' | 15' | 10' | 0' |
3 story (or 42') | 100' | 30' | 10' | 0' |
4 story (or 56') | 150' | 45' | 10' | 0' |
(*)An additional one foot setback shall be provided for every one foot of height above 30 feet.
e. Landscaping requirements/materials, except as provided in 623.E.4.f below:
Streetscape | |
|---|---|
Landscaped Setback | Average 25' for structures not exceeding two stories or 30', minimum 20' permitted for up to 50% of the frontage. Average 30' for structures exceeding two stories or 30', minimum 20' for up to 50% of the frontage. |
Plant Type | Minimum Planting Size |
Trees* | Min. 2-inch caliper (50% of required trees) Min. 3-inch caliper or multi-trunk tree (25% of required trees) Min. 4-inch caliper or multi-trunk tree (25% of required trees) |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
Parking Lot Area | |
|---|---|
Interior surface area (exclusive of perimeter landscaping and all required setbacks) | Min. 10% |
Landscaped planters | At ends of each row of parking & approximately every 110' |
Landscaped planters**, single row of parking | Min. 120 sq. ft.*** |
Landscaped planters**, double row of parking | Min. 240 sq. ft.*** |
Additional parking lot landscaping | As needed to meet 10% minimum requirement, evenly distributed throughout the entire parking lot. Min. interior dimension 5' (length and width). |
Plant Type | Minimum Planting Size |
Trees | Min. 2-inch caliper (60% of required trees) Min. 1-inch caliper (40% of required trees) |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
Perimeter Property Lines (not adjacent to a street) | |
|---|---|
Property lines not adjacent to a street | Min. 10-foot landscaped setback |
Property lines not adjacent to a street, but adjacent to property zoned C-1 C-2, C-3, A-1, A-2, Commerce Park | None |
Plant Type | Minimum Planting Size |
Trees* | Min. 2-inch caliper (60% of required trees) Min. 1-inch caliper (40% of required trees) |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
Adjacent to a Building | |
|---|---|
Building facades within 100' of the public right-of-way or adjacent to public entries to the building (excluding alleys)**** | Min. 25% of the exterior wall length shall be treated with either a landscaped planter a min. five (5) feet in width or an arcade or equivalent feature. |
Plant Type | Minimum Planting Size |
Trees* | Min. 2-inch caliper (60% of required trees) Min. 1-inch caliper (40% of required trees) |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
*20 feet on center or equivalent groupings.
**Measured from inside face of curb to inside face of curb.
***Not to exceed the length of a standard City of Phoenix parking stall. Modifications to the square footage may be approved by Planning and Development Department if the overall intent of the standard is being met.
****Or as approved by the Planning and Development Department.
f. For new commercial and office development on parcels of five acres or less which are not located in commercial developments with shared access and parking that adjacent to pre-existing structures that have less than a 25-foot front building setback:
(1) The twenty-five (25) foot minimum building and landscaped setback adjacent to a street for buildings less than two (2) stories or thirty (30) feet in height shall be reduced to the minimum setback established by the average frontage of existing buildings on a block not to exceed three hundred feet on any side of the subject property. The reduced building setback shall not conflict with visibility requirements.
(2) A minimum of five (5) feet landscaping, canopy/shade structure, or combination thereof shall be provided adjacent to the street frontage.
(3) At least one (1) identifiable public entrance directly accessible within fifty (50) feet adjacent to the street frontage shall be provided.
(4) A minimum of 50% of the area of the front building facade shall be composed of windows, shadow boxes, artwork or comparable architectural feature. The area to be counted toward the 50% shall begin no higher than 12 feet above finished floor. This computation will exclude entrances to parking and loading areas.
(5) A use permit in accordance with the provisions of Section 307 is required to modify:
(a) The requirements for structure setback and number or location of public entrances directly adjacent to the street frontage may be modified by up to fifty percent (50%) when:
(1) The modification furthers the intent of this section through the provision of alternative design features that enhance the urban character of the pre-existing structures on the subject block, or
(2) Due to a small or irregular lot size or configuration, reasonable compliance with the standards of this Section is precluded or impractical.
(b) The requirements involving the area of the building facade that must be composed of windows, shadow boxes, artwork, or other architectural features, and the location of said features, may be modified by up to twenty-five percent (25%) when:
(1) The modification furthers the intent of this Section through the provision of alternative design features that enhance the urban character of the pre-existing structures on the subject block, or
(2) Due to a small or irregular lot size or configuration, reasonable compliance with the standards of this Section is precluded or impractical.
g. Accessory Uses: No accessory uses except for site ingress and egress, and public transportation related pedestrian amenities shall be provided within any required perimeter landscaped setback.
Surface and above grade public utilities may be permitted within the required perimeter landscaped setback subject to a use permit as approved by the Zoning Administrator or Board of Adjustment.
h. Lot Coverage: Lot coverage shall not exceed 50 percent (50%) of the net lot area exclusive of the first six (6) feet of roof overhang, open carports, covered patios or covered walkways.
i. Site Access: Access to a site containing any structure exceeding two (2) stories or (30) feet in height shall only be from an arterial or collector street as defined on the street classification map.
j. Site Plans: A site plan approved in accordance with Section 507 is required for sites containing any structure exceeding two (2) stories or thirty (30) feet in height.
k. The lot coverage, landscape or structure setback requirements up to 25 percent of the established setback for one- and two-story structures may be modified only upon securing a use permit and when:
(1) The proposed structure or use would occupy a lot which had been developed and used prior to June 15, 1988, and
(2) Due to the lot size or configuration, reasonable compliance with the standards of this Section is precluded, and
(3) It is demonstrated that the proposed structure and use furthers the intent of this Section through the provisions of alternative measures such as enhanced landscaping, screening walls, etc. which exceed the minimum standards as contained herein.
5. Any Large Scale Commercial Retail development shall conform to the following requirements:
a. Applicability: For all Large Scale Commercial Retail developments for which unexpired preliminary or final Planning and Development Department site plan approval has been obtained prior to February 19, 2003, these standards shall not apply.
Building Setbacks | |
|---|---|
From all property lines | Minimum 60-feet |
Building Height | |
Within 60 feet of property lines | Max. 35 feet |
Greater than 60 feet | See Section 623.E.4.d |
Landscape | |
Streetscape | |
Average 30-foot setback, minimum 25-foot setback permitted for up to 50% of the frontage.**** | |
Plant Type | Minimum Planting Size |
Trees* | Min. 2-inch caliper (50% of required trees) Min. 3-inch caliper or multi-trunk tree (25% of required trees) Min. 4-inch caliper or multi-trunk tree (25% of required trees) |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
Parking Lot Area | |
Interior surface area (exclusive of perimeter landscaping and all setbacks) | Min. 10% |
Landscaped planters | At ends of each row of parking & approx. every 110' |
Landscaped planters**, single row of parking | Min. 150 sq. ft.*** |
Landscaped planters**, double row of parking | Min. 300 sq. ft.*** |
See b.(1) and b.(2) below | |
As needed to meet 10% minimum requirement, addl. landscaping to be evenly distributed throughout the entire parking area. Min. interior dimension five (5) feet (length and width). Min. rate of one (1) for every six 6 parking spaces, evenly distributed throughout the entire parking area. | |
Plant Type | Minimum Planting Size |
Trees | Min. one 2-inch caliper per planter**** |
Shrubs | Min. five (5) 5-gallon shrubs per planter |
Perimeter Property Lines (not adjacent to a street) | |
Property lines adjacent to an existing residential use or residential zoning district | Min. 15-foot landscaped setback |
All other perimeter property lines | Min. 10-foot landscaped setback |
Property lines not adjacent to a street, but adjacent to property zoned C-2, C-3, A-1, A-2, Commerce Park | None |
Adjacent to a Building | |
Buildings that face a public street | See c.(1) and c.(2) below |
*20 feet on center or equivalent groupings.
**Measured from inside face of curb to inside face of curb.
***Not to exceed the length of a standard City of Phoenix parking stall. Modifications to the square footage may be approved by Development Service Department if the overall intent of the standard is being met.
****Or as approved by the Planning and Development Department.
b. For landscaping adjacent to pedestrian walkways in parking lot, provide either:
(1) Minimum 15-foot wide combination sidewalk/landscaped planter along the walkway as approved by Planning and Development Department. Where planters are adjacent to head-in parking, they shall be a minimum 7.5 feet wide. At installation, the landscape palette shall contain a mixed maturity consisting of 60% trees with minimum 2-inch caliper, 40% with minimum 1 inch caliper, or
(2) An equivalent shade structure as approved by the Planning and Development Department.
c. Buildings that face a public street shall provide either:
(1) A minimum 15-foot combination sidewalk/landscaped planter at grade level adjacent to the building. The sum total of the landscaping shall be a minimum one-third (1/3) the length of the building facade and a minimum five (5) foot wide. Landscaping shall include minimum 2-inch caliper size trees placed 20 feet on center or in equivalent groupings with 5-gallon shrubs per tree, or
(2) An arcade or equivalent feature, as approved by the Planning and Development Department.
d. Access:
(1) The development shall have direct site access as follows:
(b) To one arterial road, or
(c) To a collector road.
(2) Except in a Village Core, access from a minor collector street where single-family residential zoning or uses are located within one-quarter ¼ mile of the subject property shall be subject to a use permit in accordance with the provisions of Section 307.
(3) No access is permitted from a local street.
e. Loading standards:
(1) Hours of operation for developments within 300 feet of a residential district:
(a) Loading permitted between the hours of 6:00 a.m. and 10:00 p.m. Any expansion of the above mentioned hours are subject to obtaining a use permit in accordance with Section 307.
(2) Provide designated tractor-trailer stacking area that is not any closer than 60 feet to a residentially zoned property.
(3) Loading areas/docks shall not be closer than 60 feet to a residentially zoned district.
(4) Loading docks closer than 100 feet to a residential zoning district shall be screened with a solid masonry wall at a height determined by the Planning and Development Department to completely screen loading areas and delivery vehicles.
f. Standards for permanent outdoor garden sales (garden/outdoor living center):
(1) Permanent outdoor sales areas are limited to a maximum of 35,000 gross square feet.
(2) The outdoor sales area may be increased from 35,000 gross square feet to a maximum area of 50,000 gross square feet only upon securing a use permit and when:
(A) It is demonstrated that the proposed modification is not detrimental to adjacent property or the public welfare in general, or
(B) Due to a small or irregular lot size or configuration, reasonable compliance with the standards of this section is precluded or impractical.
(3) Products sold outdoors shall be screened by a minimum eight (8) foot high solid masonry wall or screened so as not to be visible from property line or street. Wall shall have a decorative finish that is complimentary to the primary building walls for all required screening.
(4) Decorative screen material(s) may be used only in garden centers but shall not exceed 50% of the screened area. Decorative screening may include one or more of the following: wire, fabric, screen material, landscaping and/or alternative materials, as approved by the Planning and Development Department.
(5) Chain link fencing is not permitted.
g. Temporary outdoor display and sales:
(1) Designate the area reserved for outdoor display and sales at front of building on site plan and delineate decoratively on the property.
(2) Temporary outside display and sales areas are subject to the following standards:
(A) Maximum 500 square feet of display area;
(B) No display and/or sales is permitted within 25 linear feet of either side of the building entrance(s)/exit(s);
(C) The allowable square footage and/or proximity of the display area to the building entrances/exits may be modified by 50 percent only upon securing a use permit when it is clearly demonstrated that the proposed modification is not detrimental to adjacent property and the public welfare in general.
h. Temporary outdoor storage containers:
(1) Designate an area for screened temporary storage containers at rear or sides of property, if provided.
(2) Temporary storage container area shall be screened by a minimum eight (8) foot high solid masonry wall or screened so as not to be visible from property line or street.
(3) A use permit must be obtained in accordance with the provisions of Section 307 in order to install/place temporary storage container(s).
F. Outdoor Storage, Push Carts.
1. Push carts made available for use by the public may be stored in temporary cart corrals located within the parking area of the retail center during normal business hours. Push carts must be stored inside the building or in an outdoor enclosure that is fully screened so as not to be visible from the property line or street after normal business hours or when not being used on a long term basis.
Section 626. Commerce Park District.
A. Purposes.
1. This district is designed to provide locations for commerce, service and employment activities which locations and site improvements are built such that a desirable appearance is projected toward public streets and such that compatibility can be maintained with adjacent land uses.
2. In order to offer a degree of flexibility with permitted uses and activities while assuring compatibility with adjacent and nearby uses, this district provides use options. Successive options allow an increasing variety and intensity of uses whose locations shall be coordinated under an overall development plan. Each option also contains site and development standards matched to the character of the permitted uses of that option.
B. Summary of District Format. The Commerce Park District provides for a selection from development options within a framework of an overall general development plan. Initial approval is of a general development plan which indicates the locations of selected options. With modifications of that initial plan possible through a major and minor amendment process, zoning for each parcel will vest upon recording of a subdivision plat or, for a Single User option, the approval of a site plan.
C. Single User Option.
1. Purpose. In contrast to other Commerce Park District options which establish suitable locations for a range of activities, it is also desirable to provide some locations for an individual industrial facility. This type of facility, when of a character offering a high level of environmental standards in a campus-like setting, can bear a symbiotic relationship with nearby residential districts. Benefits from such an association may include: an interrelation of support services and activities, a broader available pool of employment opportunities for nearby residents, minimization of travel for employees within nearby residential areas, more uniform distribution of revenue generation for support for public and educational services.
The single use option, because it can be associated with nearby dissimilar uses, must bear a special burden of compatibility with adjacent uses. As such, use and site standards are designed to allow this district to function in areas adjacent to residential and other uses as well as part of a commerce park.
2. Permitted uses. Within the Single User option no building, structure, or use shall be made of land or any purposes other than any one of the following, provided that any such use shall meet the standards as set forth in this section:
a. Fabrication and assembly of finished products or subassemblies, so long as the primary use of the property is not the basic processing and compounding of raw materials, or food products.
b. Scientific or research laboratories, including incidental pilot plants in connection therewith.
c. Facilities and storage incidental to a construction project when located on the project site. If such facilities or storage are located on a lot or lots other than the project site, then such uses shall maintain the yard requirements of the district upon which they are located and shall be subject to the securing of a use permit.
d. Churches or similar places of worship.
e. Ammunition, commercial loading of small arms subject to the following limitations:
(1) The quantities, arrangement, and distance requirements for the storage of propellant powder, primers, and percussion caps shall be in accordance with the Fire Code.
(2) A permit to load ammunition shall be obtained from the Fire Department.
(3) In addition to the requirements of subsections 1 and 2 above, the loading of specialty or custom ammunition shall be subject to obtaining a use permit pursuant to the provisions of Section 307.
f. Public utility buildings and facilities when necessary for serving the surrounding territory. Repair and/or storage facilities, including outdoor, subject to a use permit.
g. Environmental remediation facility, subject to obtaining a use permit in accordance with the provisions of Section 307.
h. Commercial schools, which may include outdoor activities.
i. Bank vault.
3. Accessory uses. The following accessory uses may be conducted:
a. Facilities for the furnishing of meals and sale of refreshments and personal convenience items solely to the employees of such establishments, and to visitors doing business on the premises, provided that such facilities shall be within a building or enclosure such that there are no external signs or other evidence of such use. There shall be no external access to such use.
b. Samples of products for display or in conjunction with sales may be kept on the premises, so long as no product is sold that is not assembled or manufactured on the premises.
c. Quarters for caretakers or watchmen.
d. Office, wholesale, or storage activities may be conducted on the premises when accessory to the primary use.
f. Reserved.
4. This option shall be established only in a location which abuts a residential zoning district or another Commerce Park option or is in a location across an arterial street from such a district.
5. No site shall contain less than fifteen gross acres.
D. Research Park option.
1. Purpose. Except for limited accessory uses, the Research Park option provides for employment locations characterized by office and compatible research, laboratory and prototype manufacturing functions. These activities are often on a site providing substantial visual amenities, and which can function in areas close to residential areas as well as with other Commerce Park options.
2. Permitted uses. Within the Research Park option no buildings, structure, or use shall be made of land for any purpose other than any one of the following, provided that such use shall meet the standards as set forth in this section:
a. Office for professional use.
b. Offices wherein administrative, clerical or sales services only are rendered, provided that other than regular office books, records and papers used in connection with rendering said office service, no commodity or tangible personal property, either by way of inventory or sample, shall be stored, kept or exhibited in any said office or on the premises wherein the said office is located.
c. Research laboratories for scientific research, investigation, testing or experimentation which may include prototype product development.
d. Medical and dental laboratories.
e. Churches or similar places of worship.
f. Environmental remediation facility, subject to obtaining a use permit in accordance with the provisions of Section 307.
g. Commercial schools, which may include outdoor activities.
h. Bank vault.
3. Accessory uses. No accessory uses shall be permitted in this district, except the following:
a. Pharmacy, provided that such facility shall be within a building or enclosure such that there are no external signs or other evidence of such use. There shall be no external access to such use.
b. Facilities for the furnishing of meals and sale of refreshments and personal convenience items solely to the employees of such establishments, and to visitors doing business on the premises, provided that such facilities shall be within a building or enclosure such that there are no external signs or other evidence of such use. There shall be no external access to such use.
c. Manufacturing, so long as the following criteria are met:
(1) Manufacturing activities shall not occupy more than twenty-five percent of the floor area of any structure.
(2) All manufacturing shall take place in a closed building.
e. Facilities and storage incidental to a construction project and located on the project site.
f. Quarters for caretakers and watchmen.
g. Commercial schools, which may include outdoor activities subject to a use permit.
E. Business Park option.
1. Purpose. In addition to Research Park uses, this option permits assembly, warehousing and shipping activities along with retail services selected to support these broader activities.
2. Permitted uses. Within the Business Park option no building, structure, or use shall be made of land for any purpose other than any one of the following, provided that such use shall meet the standards as set forth in this section:
a. Adult day care center; provided, that:
(1) Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
b. Office for professional use.
c. Offices for administrative, clerical or sales services.
d. Research laboratories for scientific research, investigation, testing or experimentation which may include prototype product development.
e. Medical and dental laboratories.
f. Wholesaling.
g. Warehousing: Not including dead vehicle storage, trucking companies, and moving-storage companies.
h. Assembly of finished products or subassemblies, so long as the primary use of the property is not the basic processing and compounding of raw materials, or food products.
i. Barber and beauty shops.
j. Financial institutions. Banks, building and loan associations, brokerage houses, savings and loan associations, finance companies, title insurance and trust companies.
k. Restaurants, subject to the following conditions or limitations:
(1) Sales of alcoholic beverages shall only be permitted as an accessory use subject to securing a use permit which shall include a specific floor plan for the restaurant facility detailing areas where alcohol may be served.
(2) Music and entertainment shall be permitted subject to the following regulations:
(a) The stage or performance area shall be a maximum of 80 square feet unless a use permit is secured.
(b) The noise level, measured at any point on the received property, shall not exceed 55 dBa unless a use permit is obtained. An occurrence where the sound level increases up to 60 dBa for five continuous seconds or less shall not be deemed a violation of this section as long as there are no more than five occurrences within an hour long interval.
(c) Nothing in this section shall be construed to include an adult use.
(3) Packaged liquor sales shall be permitted as an accessory use only upon securing a use permit.
(4) Outdoor dining, outdoor alcoholic beverage consumption, and outdoor recreation uses shall be permitted as accessory uses only upon compliance with the following conditions:
(a) Securing a use permit.
(b) All alcoholic beverages shall be sold only to patrons seated at tables and only for consumption on the premises. No outdoor bars, patron dancing or live entertainment shall be permitted.
(5) No restaurant shall be located closer than 100 feet from a residence district. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed use is to be conducted closest to the residential district zoning line.
(6) Patron dancing shall be permitted only upon securing a use permit.
l. Churches and similar places of worship.
n. Gasoline sales, which may include as accessory uses: sales and installation of tires, batteries, hoses and belts; oil changes; lubes and minor tuneups. Service bays shall not open toward an adjacent public street or a residence district.
o. Ammunition, commercial loading of small arms subject to the following limitations:
(1) The quantities, arrangement, and distance requirements for the storage of propellant powder, primers, and percussion caps shall be in accordance with the Fire Code.
(2) A permit to load ammunition shall be obtained from the Fire Department.
(3) In addition to the requirements of subsections 1 and 2 above, the loading of specialty or custom ammunition shall be subject to obtaining a use permit pursuant to the provisions of Section 307.
p. Publicly operated buildings or properties.
q. Public utility buildings and facilities when necessary for serving the surrounding territory. Repair and/or storage facilities, including outdoor, subject to a use permit.
r. Environmental remediation facility, subject to obtaining a use permit in accordance with the provisions of Section 307.
s. Commercial schools, which may include outdoor activities.
3. Accessory uses. No accessory uses shall be permitted in this district except the following:
a. Retailing in conjunction with wholesaling and/or fabrication, so long as it does not exceed ten percent of gross floor area.
b. Facilities and storage incidental to a construction project and located on the project site.
c. Quarters for caretakers or watchmen.
d. Pharmacy, provided that such facility shall be within a building or enclosure such that there are no external signs or other evidence of such use; there shall be no external access to such use.
f. Outdoor storage which shall be screened with a solid fence or continuous plantings. Such storage shall be no higher than twelve feet.
g. Reserved.
F. General Commerce Park option.
1. Purpose. This most flexible option provides for a broad range of manufacturing, warehousing, distribution and supportive retail sales and services. It is differentiated from the A-1 and A-2 districts, however, in that environmental and site standards ensure a high degree of compatibility with other commerce park options as well as other adjacent uses.
2. Permitted uses. Within the General Commerce Park option no building, structure, or use shall be made of land for any purpose other than any one of the following, provided that any such use shall meet the standards as set forth in this section:
a. Adult day care center; provided, that:
(1) Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
b. Offices for professional use.
c. Offices for administrative, clerical or sales services.
d. Research laboratories for scientific research, investigation, testing or experimentation which may include prototype product development.
e. Medical and dental laboratories.
f. Pharmacy.
g. Wholesaling.
h. Warehousing: Not including dead vehicle storage, trucking companies, and moving-storage companies.
i. Manufacturing or assembly of finished products or subassemblies so long as the primary use of the property is not the basic processing and compounding of raw materials or food products, except as otherwise provided in this section.
j. Barber and beauty shop.
k. Restaurants, subject to the following conditions or limitations:
(1) Sales of alcoholic beverages permitted as an accessory use subject to securing a use permit which shall include a specific floor plan for the restaurant facility detailing areas where alcohol may be served.
(2) Music and entertainment shall be permitted subject to the following regulations:
(a) The stage or performance area shall be a maximum of 80 square feet unless a use permit is obtained.
(b) The noise level, measured at any point on the received property, shall not exceed 55 dBa unless a use permit is obtained. An occurrence where the sound level increases up to 60 dBa for five continuous seconds or less shall not be deemed a violation of this section as long as there are no more than five occurrences within an hour long interval.
(c) Nothing in this section shall be construed to include an adult use.
(3) Packaged liquor sales shall be permitted as an accessory use upon securing a use permit.
(4) Outdoor dining, outdoor alcoholic beverage consumption, and outdoor recreation uses shall be permitted as accessory uses upon compliance with the following conditions:
(a) Securing a use permit.
(b) All alcoholic beverages shall be sold only to patrons seated at tables and only for consumption on the premises. No outdoor bars, patron dancing or live entertainment shall be permitted.
(5) No restaurant shall be located closer than 100 feet from a residential district. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed use is to be conducted closest to the residential district zoning line.
(6) Patron dancing shall be permitted only upon securing a use permit.
l. Financial institutions: Banks, building and loan associations, brokerage houses, savings and loan associations, finance companies, title insurance and trust companies.
m. Churches and similar places of worship.
Uses listed in Sections 626.F.2.n through s are permitted only in General Commerce Park option areas of five acres or more which are adjacent to an arterial or collector street and which are located such that no part of the use, including appurtenant parking, is closer than one hundred feet from a residence district, unless across an arterial street.
o. Bakeries, food packaging and freezing, including milk and ice cream plants, but excluding canneries, slaughtering, processing and packaging of meat.
p. Gasoline sales, which may include as accessory uses: sales and installation of tires, batteries, hoses and belts; oil changes; lubes and minor tuneups. Service bays shall not open toward an adjacent public street or a residence district.
q. Commercial schools, which may include outdoor activities.
r. General retail sales, subject to the following:
(1) Individual stores shall have no greater than five thousand square feet of sales area.
(2) No automobile repairs or paint and body work is permitted.
s. Motion picture production and television broadcast studios.
t. Ammunition, commercial loading of small arms subject to the following limitations:
(1) The quantities, arrangement, and distance requirements for the storage of propellant powder, primers, and percussion caps shall be in accordance with the Fire Code.
(2) A permit to load ammunition shall be obtained from the Fire Department.
(3) In addition to the requirements of subsections (1) and (2) above, the loading of specialty or custom ammunition shall be subject to obtaining a use permit pursuant to the provisions of Section 307.
u. Publicly operated buildings or properties.
v. Public utility buildings and facilities when necessary for serving the surrounding territory. Repair and/or storage facilities, including outdoor, subject to a use permit.
w. Environmental remediation facility, subject to obtaining a use permit in accordance with the provisions of Section 307.
x. Pet care facility, subject to the following limitations:
(1) Animal housing units shall be constructed so as not to allow for direct, unaccompanied access by animals to the outside areas of the buildings.
(2) Animals must be accompanied by a facility employee at all times when outside building. All walks and exercise periods must take place on facility grounds.
(3) When located adjacent to a residential district, every building and every outdoor dog exercise run shall be set back at least fifty feet from any lot line abutting such residential district.
(4) A solid masonry wall or fence seven feet in height shall be constructed along the property line in both the rear and side yards.
(5) Solid waste shall be removed from outdoor exercise areas every five hours at a minimum during time periods when these areas are in use.
(6) The average noise level, measured at the property line, shall not exceed fifty-five dB (one ldn) when measured on an "A weighted" sound level meter and according to the procedures of the environmental protection agency.
y. Bank vault.
z. Limited Outdoor Uses including plant nursery and/or inert landscape materials processing and sales; building and landscape contractors, including yards; building materials, wholesale and storage; and recreational vehicle/boat storage, when any such uses are located in a General Commerce Park (GCP) District, subject to use permit approval pursuant to Section 307 and the following conditions:
(1) The site plan required for the use shall identify specific areas for the orderly arrangement of all operations, products, materials, equipment, and storage on the site. This plan shall be submitted as part of the use permit application.
(2) In addition to required setbacks, all operations and storage shall maintain a 10-foot landscape setback along all interior lot lines not on a street, unless adjacent to another use permitted by this section.
(3) Open uses and storage areas shall be screened by a minimum six-foot-high solid masonry wall. Additional wall height may be required as a condition of approval of the use permit. View fencing may be considered instead of a solid masonry wall adjacent to plant nursery materials that provide equivalent screening.
(4) Any material and/or product display bins shall be no higher than the height of the screen wall.
(5) A perimeter landscaping plan shall be approved by the Planning and Development Department.
3. Accessory uses. No accessory uses shall be permitted in this district except the following:
a. Facilities and storage incidental to a construction project and located on the project site.
b. Quarters for caretakers or watchmen.
d. Outdoor storage which shall be screened with a solid fence or continuous evergreen plantings. Such storage shall be no higher than twelve feet.
4. The following conditional uses are permitted subject to a use permit:
a. Outdoor processing.
b. Outdoor activities in conjunction with commercial schools.
G. District Regulations. Any use established or conducted within this district shall comply with the following standards:
1. Smoke, gas and odor emissions shall comply with Regulation III of the Maricopa County Air Pollution Control Rules and Regulations.
2. The disposal of all waste materials shall comply with title 9, chapter 8, articles 18 and 4 of the Hazardous Waste Regulations as adopted by the Arizona Health Department.
3. The average noise level, measured at the property line, shall not exceed fifty-five dB (ldn) when measured on an "A weighted" sound level meter and according to the procedures of the Environmental Protection Agency.
4. Explosive or hazardous processes: Certification shall be provided by the Phoenix Fire Department Prevention Bureau that all manufacturing, storage and waste processes on the site shall meet safety and environmental standards as administered by the Bureau.
5. Outdoor lighting shall be shielded so that:
a. No source of illumination is directly visible from a public street or from residentially zoned property.
b. Light intensity does not exceed one footcandle on any adjacent residentially zoned property.
6. Unless otherwise specifically permitted within an option, there shall be no outside use or storage.
7. A site plan, according to Section 507, is required for the Single User option.
8. Unless across an arterial street, the Single User option must be established adjacent either to another Commerce Park District option or to a residence district.
9. Parking and loading standards.
a. Off-street parking, paved and properly drained, shall be provided on the site of any Commerce Park development.
b. Parking spaces shall meet the standards of Section 702, except that other than required access drives, no parking or loading area shall be located within any required setback adjacent to a public street or within any required landscaped area.
c. Any loading space or dock shall be screened by an eight-foot-high solid wall when located adjacent to a public street or to a residence district.
H. District Standards.
1. Yard, height and intensity standards. The following table prescribes regulations to assure appropriate setbacks, height and intensity for each option of the Commerce Park District. The following terms are used in these regulations:
a. Building height: The height of any structure as defined in chapter 2 and subject to the provisions of Section 701.
b. Lot coverage and floor area ratio (FAR): Terms used to define standards for the intensity of structures on a site, as defined in chapter 2.
c. Yard: An area required to be unoccupied by structures or uses as defined in chapter 2.
d. Perimeter lot line: A lot line located on or adjacent to the perimeter of a Commerce Park District.
e. Interior lot line: A lot line where property on both sides is zoned Commerce Park District, or where the lot line is on a street where the zoning on both sides of the street is Commerce Park District.
Commerce Park District Standards
District Option | ||||
|---|---|---|---|---|
Single User | Research Park | Business Park | General Commerce | |
Maximum building height | 18' within 75' of perimeter lot line; 1' increase per 3' additional setback, maximum 40' | 18' within 50' of perimeter lot line; 1' increase per 3' additional setback, maximum 40' | 18' within 30' of perimeter lot line; 1' increase per 3' additional setback, maximum 56' | 18' within 30' of perimeter lot line; 1' increase per 3' additional setback, maximum 56' to 80' with use permit and site plan |
25% plus 10% for parking structures | 35% plus 10% for parking structures | 50% | ||
0.5 | 1.0 | — | — | |
Required setbacks | a) 50' from perimeter lot line b) 30' from interior lot line | a) 40' from perimeter lot line b) 30' from interior lot line on a street, 10' not on a street | a) 30' from perimeter lot line on a street, 20' not on a street b) 20' from interior lot line on a street, 0' not on a street | a) 30' from perimeter lot line on a street, 20' not on a street b) 20' from interior lot line on a street, 0' not on a street |
2. Landscaping standards.
a. Landscaping, when required, shall consist of both an appropriate ground cover which shall include living ground cover plant material and suitable placement of shrubs and trees so as to create a setting for uses which can enhance the visual attractiveness of the site and to offer a desirable transition to other uses. All landscaped areas shall be supplied with an appropriate watering system. Plant materials shall be maintained in a living condition and shall be selected on the basis of minimizing water consumption, the provision of shade and visual screening where appropriate, and enhancement of the site development.
b. Required setbacks adjacent to a street or canal right-of-way shall be landscaped.
c. Where a lot line, not on a street, abuts residential zoning, there shall be provided a minimum five-foot-wide landscaped area containing at least fifteen gallon evergreen trees planted to average a minimum of twenty feet on center.
3. Walls and screening.
a. Walls and screening around parking areas adjoining a residence district shall be as provided in Section 702
b. A six-foot solid masonry wall shall be provided on any lot line which abuts a residential zoning unless that lot line is on any street.
c. Any open use or storage area, where permitted, shall be enclosed by a six-foot-high solid masonry wall.
I. Application for Commerce Park District.
1. An application for Commerce Park District shall include the following:
a. Legal description of the total property to be rezoned.
b. A development option plan which shows the general location of each proposed Commerce Park District option, and each proposed public street. Individual lots need not be shown and each district option may be indicated by dimensioning.
c. A schedule indicating any proposed amenity or compatibility features which may include: natural open or landscaped areas; wall, berming and screening; waterways or flood protection measures; building heights and setbacks; maximum floor area, lot coverage and FAR.
2. Where necessary to assure compatibility of buildings and uses with each other and with off-site properties, the Commission may recommend and the Council may eliminate otherwise permitted uses. In addition, the Commission may recommend and the Council may specify modifications of the regulations, requirements, and standards, including but not limited to, conditioning the zoning upon maximum densities, maximum building heights, maximum lot overage and greater setback requirements than might be otherwise permitted.
J. Amendments to the Development Option Plan.
1. Major amendments.
a. A Commerce Park District applicant or his successors in interest may file a request for an amendment with the Planning and Development Department.
b. The request will be routed for comment to affected City departments or other agencies for comment.
c. The change will be deemed major if it involves any one of the following:
(1) A change in the schedule of amenities or compatibility features which is deemed major by the Planning and Development Director;
(2) A significant change in boundaries of options as determined by the Planning and Development Director from those approved for the Commerce Park District;
(3) Any change which could have significant impact on areas adjoining the Commerce Park District as determined by the Planning and Development Director; or
(4) Any change which could have a significant traffic impact on roadways adjacent or external to the Commerce Park District as determined by the City Traffic Engineer.
d. The Planning and Development Department will bring the major amendment before the Planning Commission and will submit background material and recommendations. Review and hearings shall be in accordance with Section 506 of the Zoning Ordinance.
2. Minor amendments.
a. A Commerce Park District applicant or his successors in interest may file a request for a minor amendment with the Planning and Development Department.
b. The request will be routed for comment to any affected City departments or other agencies for comment.
c. Upon receipt of comments, the Planning and Development Director will determine whether the requested change is minor or major. If the Planning and Development Director determines the amendment to be major, the applicant, by paying the difference in fees, may proceed according to Section 626.J.1.
d. If the change is determined to be minor, the Planning Director shall take action on the request.
e. The applicant may appeal the Planning and Development Director’s action to the Planning Commission within fourteen days. Review and hearings shall be in accordance with Section 506 of the Zoning Ordinance.
K. Required Approvals.
1. Upon approval by the City Council, Commerce Park District zoning shall be placed on the zoning map of the City of Phoenix.
2. The schedule for amenities and compatibility shall continue to be implemented and maintained for the total acreage of the Commerce Park District, even though ownership may subsequently be transferred in whole or in part.
a. It is the responsibility of the owner to notify all prospective purchasers of all or part of the property within the district of the existence of the Commerce Park District regulations and the schedule for amenities and compatibility.
b. Conformance with the Commerce Park District regulations and schedule of amenities and compatibility shall be enforced by recordation of deed restrictions at the time of approval of each subdivision within the district, and prior to the issuance of building permits.
c. Notification and recordation as provided above shall be considered to retain the unitary aspect of the district.
3. Approval and recording of a subdivision plat is required for any development within the district except for the Single User option.
4. Upon approval of a subdivision plat or a site plan for a Single User option for any part of a Commerce Park District, the development option(s) approved for the subdivision or site plan shall be vested on the zoning map of the City of Phoenix.
L. Property Previously Zoned Industrial Park.
1. Property previously zoned Industrial Park, and developed under standards then in effect, shall be considered to be a conforming use under the Business Park option of the Commerce Park District. Any future development shall be according to the standards of that option.
2. Property previously zoned Industrial Park and undeveloped as of April 19, 1986, may choose the standards of any or all of the Single User, Research Park or Business Park options. Material required by Section 626.I.1 shall be submitted to the Site Planning Division of the Planning and Development Department and approvals obtained according to Section 626.K.2, 3 and 4.
To develop property under the General Commerce Park option, approval according to the procedures of Section 506 of this ordinance shall be obtained.
Section 627. A-1 Light Industrial District.
A. Purpose. The A-1, Light Industrial District, is a district of industrial uses designed to serve the needs of the community for industrial activity not offensive to nearby commercial and residential uses.
B. Reserved.
C. District Restrictions. Unless otherwise specifically provided in this section, the following restrictions apply to this district:
1. Residential use is permitted subject to a use permit; except that one dwelling unit, which may be a mobile home, may be maintained as an accessory use to an industrial or agricultural use for housing a watchman or caretaker employed on the premises.
2. No use shall be considered an accessory use which is listed as a permitted or accessory use in the A-2 or S-2 districts.
3. The display of merchandise outdoors as an accessory use to the permitted uses set forth in Section 627.D is prohibited unless a use permit is obtained and subject to the following standards for the outdoor display area:
a. A maximum 300 square feet of display area can be located anywhere along the building except as noted in Section 627.C.3.b;
b. No display or sale is permitted within ten linear feet of either side of the building entrance or exit;
c. The depth, measured from the front facade of the building, may not exceed ten feet unless otherwise approved by the Planning and Development Department upon a determination that a greater depth does not interfere with any pedestrian passage;
d. Payment for the products displayed must occur indoors;
e. Outdoor display or sales shall not be located within any required setbacks or in the parking lot;
f. Outdoor display of second hand/used merchandise sales is prohibited.
4. A commercial property owner can display for sale vehicles, which for purposes of this provision includes trailers, watercraft or other types of transportation that are built to carry passengers or cargo, when the display is being done on behalf of or in conjunction with a registered vehicle retail sales dealership and a use permit has been obtained in compliance with Section 307. The actual sale of the vehicle displayed must be completed by the registered retail sales dealership at their vehicle sales dealership site.
5. With the exception of those instances listed above in 627.C.4., no other types of vehicle built to carry passengers or cargo can be sold or displayed for sale on-site except by a registered vehicle retail sales dealership.
D. Permitted Uses.
1. Residential uses subject to a use permit. The use permit requirement shall not apply to homeless shelters if such uses are located on a lot or parcel which is at least 1,320 feet from a residential district.
2. All other uses permitted in RE-24, R-3, R-4, R-5, C-1, C-2 and C-3 districts and, in addition, the following:
3. Agricultural Implements Repair and Service
4. Agricultural Tillage, Contractors
5. Air Conditioning Equipment, Fabrication
6. Aircraft Fabrication and Assembly
7. Aircraft Sales and Repair
8. Aircraft Storage, Including Hangar Facilities
9. Ammunition, commercial loading of small arms subject to the following limitations
a. The quantities, arrangement, and distance requirements for the storage of propellant powder, primers, and percussion caps shall be in accordance with the Fire Code.
b. A permit to load ammunition shall be obtained from the Fire Department.
c. In addition to the requirements of subsections 1 and 2 above, the loading of specialty or custom ammunition shall be subject to obtaining a use permit pursuant to the provision of Section 307.
10. Animal Boarding, Breeding and Hospitals
11. Auctioneers
12. Automobiles: Parts and Supplies (used); Salvage; Storage-Dead (warehouse)
13. Belting, Manufacturing
14. Boat, Manufacturing
15. Boilers, Repairing
16. Boxes, Sales and Manufacturing
17. Breweries
18. Brick Storage
19. Brooms, Mtg.
20. Brushes, Manufacturing
21. Building Contractors: Equipment and Material; Storage
22. Building Materials, Wholesale and Storage
23. Bus Line Depots with repair and light maintenance, including washing facilities
24. Bus Line Shops, Garage Repair
25. Butane Distributors (subject to approval by Fire Prevention Supervisor)
26. Button Manufacturing, Metal, Plastics
27. Candle, Manufacturing
28. Canvas, Manufacturing
29. Carbonic Ice, Manufacturing
30. Caskets, Manufacturing
31. Cat, Dog and Large Animal Hospital
32. Cement Products, Manufacturing (pipe, blocks, etc.)
33. Cement Storage
34. Cesspool Builders and Service: Equipment Yard
35. Chocolate and Coca Products, Manufacturing
36. Cigarette Manufacturing
37. Circuses and Carnivals
38. Coffee Roasting
40. Concrete Products, Manufacturing
41. Concrete Products, Storage
42. Contractors Equipment and Supplies, Storage
44. Crematorium
45. Crockery, Manufacturing
46. Crop Dusting Equipment Yards
47. Day Labor Hiring and Transportation Centers
48. Decoration, Workshop and Equipment Yard
49. Diesel Engines Service, Equipment and Supplies (not manufacturing)
50. Display Designers and Builders’ Shops
51. Distillers, Distribution, Warehouse
52. Doors, Metal, Manufacturing
53. Doors, Sash and Trim, Wood, Manufacturing
54. Drilling Company Equipment Yards
55. Drugs, Manufacturing
56. Electric Light and Power Companies, Storage
57. Electric Plating
58. Electrical Appliances, Manufacturing
59. Excelsior Manufacturing
60. Exterminating and Fumigating Warehouse
61. Farm Implements and Machinery Assembly
63. Fences, Metal Fabrication, Mfg;
65. Fertilizers, Processed, Storage Only
66. Flour and Grain Storage and Elevators
67. Freight Yards
68. Fruit and Vegetable Juice, Processing
69. Fruits and Vegetables, Processing
70. Fuel Distributing Station, Gasoline (bulk plant)
71. Furniture Manufacturing, Metal, Wood
72. Garment Factory
73. Gasoline, Bulk Storage Tanks
74. Grain Elevator
75. Hay and Straw, Sales, Storage (subject to approval by Fire Prevention Supervisor)
76. Heating and Ventilating Equip., Storage
79. House Wreckers’ Yards
80. Ice, Manufacturing
81. Insulation, Contractors’ Equipment Yards
84. Jobbers, Bulk Materials, (sand, gravel, cotton seed, etc.)
85. Landscape Contractors
86. Large Animal, Dog and Cat Hospitals
88. Machinery Used, Storage
89. Massage Establishments as a Primary Use
90. Meat Packing and Smoking (no slaughtering except rabbits and poultry).
91. Medical marijuana cultivation subject to the following conditions and limitations; failure to comply with the below regulations and requirements is subject to revocation per Section 307:
a. A use permit shall be obtained in accordance with standards and procedures of Section 307 of the Zoning Ordinance and the following:
(1) Shall be reviewed every 365 calendar days.
(2) Provide name(s) and location(s) of the offsite dispensary.
(3) Include a copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(C).
(4) A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below.
b. Shall be located in a closed building and may not be located in a trailer, cargo container, motor vehicle or similar structure or motorized or non-motorized vehicle.
c. Shall not be located within 5,280 feet of the same type of use or a medical marijuana dispensary or infusion facility. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the nearest exterior wall or portion thereof of another medical marijuana dispensary, cultivation, or infusion facility.
d. Shall not be located within 1,000 feet of the following residentially zoned districts: S-1, S-2, RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, PAD-1 through PAD-15. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the zoning boundary line of the residentially zoned district.
e. Shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park, public community center, dependent care facility, homeless shelter, dormitory, or youth community center. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the property line of the protected use.
f. Shall not be located within 1,320 feet of a place of worship. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the property line of the place of worship.
g. There shall be no emission of dust, fumes, vapors or odors into the environment from the premises.
92. Medical marijuana dispensary facility, subject to the following conditions and limitations; failure to comply with the below regulations and requirements is subject to revocation per Section 307:
a. A use permit shall be obtained in accordance with standards and procedures of Section 307 and the following:
(1) Shall be reviewed every 365 calendar days.
(2) Provide name(s) and location(s) of the offsite cultivation location.
(3) Include a copy of the operating procedures adopted in compliance with Section 36-2804(B)(1)(C), Arizona Revised Statutes.
(4) A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below.
b. Shall be located in a closed building and may not be located in a trailer, cargo container, motor vehicle or similar structure or motorized or nonmotorized vehicle.
c. Shall not exceed 5,000 square feet of combined net floor area dedicated exclusively to the nonprofit medical marijuana dispensary and marijuana establishment; this shall include all storage areas, retail space and offices for the nonprofit medical marijuana dispensary and marijuana establishment.
d. Shall not be located within 5,280 feet of the same type of use or a medical marijuana cultivation or infusion facility. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the nearest exterior wall or portion thereof of another medical marijuana dispensary, cultivation, or infusion facility.
e. Shall not be located within 500 feet of the following residentially zoned districts: S-1, S-2, RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, and PAD-1 through PAD-15. This distance shall be measured from the exterior walls of the building or portion thereof in which the dispensary business is conducted or proposed to be conducted to the zoning boundary line of the residentially zoned district.
f. Shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park, public community center, dependent care facility, homeless shelter, or youth community center. This distance shall be measured from the exterior walls of the building or portion thereof in which the dispensary business is conducted or proposed to be conducted to the property line of the protected use.
g. Shall not be located within 1,320 feet of a place of worship. This distance shall be measured from the exterior walls of the building or portion thereof in which the dispensary business is conducted or proposed to be conducted to the property line of the place of worship.
h. Shall have operating hours not earlier than 8:00 a.m. and not later than 10:00 p.m.
i. Drive-through services are prohibited.
j. There shall be no emission of dust, fumes, vapors or odors into the environment from the premises.
k. The retail sale of marijuana and marijuana products to consumers in a marijuana establishment shall be permitted as accessory use only.
93. Medical marijuana infusion production facility, subject to the following conditions and limitations; failure to comply with the below regulations and requirements is subject to revocation per Section 307:
a. A use permit shall be obtained in accordance with standards and procedures of Section 307 of the zoning ordinance and the following:
(1) Shall be reviewed every 365 calendar days.
(2) Provide name(s) and location(s) of the offsite dispensary.
(3) Include a copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(C).
(4) A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below.
b. Shall not be located within 5,280 feet of the same type of use or a medical marijuana dispensary or cultivation facility. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the nearest exterior wall or portion thereof of another medical marijuana dispensary, cultivation, or infusion facility.
c. Shall not be located within 1,000 feet of the following residentially zoned districts: S-1, S-2, RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, PAD-1 through PAD-15. This distance shall be measured from the exterior walls of the building or portion thereof in which the cultivation business is conducted or proposed to be conducted to the zoning boundary line of the residentially zoned district.
d. Shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park, public community center, dependent care facility, homeless shelter, or youth community center. This distance shall be measured from the exterior walls of the building or portion thereof in which the infusion facility is conducted or proposed to be conducted to the property line of the protected use.
e. Shall not be located within 1,320 feet of a place of worship. This distance shall be measured from the exterior walls of the building or portion thereof in which the infusion facility is conducted or proposed to be conducted to the property line of the place of worship.
f. There shall be no emission of dust, fumes, vapors or odors into the environment from the premises.
94. Millwork (woodworking) Manufacturing
96. Motor Freight Co., Warehouses
97. Motor Repairing and Rewinding, Transformers, Generators, Heavy Duty
98. Neighborhood Collection Center, subject to the following limitations:
a. All loose materials shall be stored within an enclosed container or building.
b. No bay door shall face a residential zoning district if the use is located within one hundred fifty (150) feet of such a district.
99. Notions, Manufacturing and Wholesale
100. Office Furniture, Manufacturing
101. Oil, Fuel, Bulk Storage (subject to approval by Fire Prevention Supervisor)
102. Ornamental Metal Work, Custom Hand, Fabrication
103. Paint and Varnish, Bulk Storage, Warehouse
104. Paving Contractors’ Equipment Storage
106. Petroleum Products, Packaging and Storage
107. Pickled Products, Manufacturing
108. Pipe, Concrete, Manufacturing
109. Pipe, Concrete, Storage
110. Pipe, Metal, Storage
111. Pipe, Used, Storage and Sales
113. Planing Mills
115. Plasterers, Contractors’ Yards
116. Plastic and Plastic Products Manufacturing
117. Plating and Polishing Shops
118. Poultry Slaughtering
120. Produce Packing Plants
121. Public Utility Plants
122. Pumps, Repairing and Rental
123. Rabbit Slaughtering
124. Recycling Center, subject to the following limitations:
a. Processing may include baling of recyclable materials but not basic processing or compounding to reform the materials into a usable state and shall not include shredding of automobile metals or other uses of similar intensity.
b. All loose materials shall be stored within an enclosed container or building.
c. No bay door shall face a residential zoning district if the use is located within one hundred fifty (150) feet of such a district.
125. Religious Missions, including charity dining halls and similar activities either enclosed or open
127. Salvation Army Welfare Activities
128. Scaffolds, Equipment Storage
129. Scales, Commercial Weighing
130. Screens, Doors and Windows, Manufacturing
131. Septic Tanks, Contractors, Construction
132. Sewer Pipe, Manufacturing, Concrete
133. Sewer Pipe, Storage
134. Soaps, Detergent Bleach Manufacturing
135. Spraying Supplies, Equipment Yard
136. Storage Warehouse
139. Tattoo Shops
140. Tile Manufacturing Decorative
141. Tile Manufacturing, Structural
142. Tools and Hardware, Manufacturing
143. Trailers, Assembly and Manufacturing
144. Water Based or Water Emulsion Type Paint Only, Manufacturing
145. Welding, Equipment and Supplies Storage
146. Welding Shop
147. Well Drilling, Equipment Yard
148. Wood Products, Manufacturing Bulk
149. Wrecking Contractors’ Yards
E. District Regulations. Any use established or conducted within this district shall comply with the following standards:
1. Smoke, gas and odor emissions shall comply with Regulation III of the Maricopa County Air Pollution Control rules and regulations.
2. The disposal of all waste materials shall comply with Title 9, Chapter 8, Articles 18 and 4 of the Hazardous Waste Regulations as by the Arizona Health Department.
3. The average noise level, measured at the property line, shall not exceed 55 dB (1 dn) when measured on an "A-weighted" sound level meter and according to the procedures of the Environmental Protection Agency.
4. Explosive or hazardous processes: Certification shall be provided by the Phoenix Fire Department Prevention Bureau that all manufacturing, storage and waste processes on the site shall meet safety and environmental standards as administered by the Bureau.
5. All direct sources of illumination, luminaries, shall be shielded so as not to be visible from adjacent residentially zoned property.
F. Site Standards. Except as provided in 627.F.3, the following standards shall apply.
1. No individual site shall be sold or leased in the Industrial District if such site is not of sufficient size so that it may be developed in accordance with the requirements of this Section.
2. The use of any lot in this district shall comply with the following standards:
a. Building height: Fifty-six (56) foot maximum height; up to eighty (80) feet allowable with use permit with a specific plan of development. Requests to exceed this limit for a warehouse up to a maximum height of one hundred ten (110) feet may be granted by the City Council upon recommendation from the Planning Commission in accordance with the standards and procedures of Section 506 and upon a finding that such additional height is not detrimental to adjacent property or the public welfare in general.
b. Yard requirements:
(1) Section 701.D.3 shall apply to yards on an arterial or collector street, adjacent to a canal right-of-way, and when any yard on a public street is on a block where either side or the street contains residential zoning.
(2) For side and rear yards there shall be thirty (30) foot setback where adjacent to a residential district for closed buildings and one hundred fifty (150) feet for open buildings or uses.
(3) Except for vehicle parking areas, no outdoor uses, outdoor storage, or open buildings shall be located within seventy-five (75) feet of a public street
c. Screening.
(1) Parking or Loading and Unloading Areas where within one hundred fifty (150) feet of a residence district:
(a) For employee and customer parking a four (4) to six (6) foot wall or landscaped berm is required. The wall may be three (3) feet high if the parking area is located in a yard as specified in Section 627.F.2.b(1).
(b) In areas used for truck parking, loading, or unloading, an eight (8) foot high wall is required.
(2) Open Storage or Use.
(a) Any outside storage or use within one hundred (100) feet of a residential district or any public street shall be screened by a six (6) foot high solid fence or wall.
(b) Height of Open Storage.
(i) Open storage shall be no higher than six (6) feet plus one (1) foot in height for every additional three (3) feet of setback from a property line.
(ii) lf the storage area is within one hundred fifty (150) feet of a public street, screening in the addition to the required six (6) foot high solid fence or wall shall include fifteen (15) gallon trees spaced no more than twenty-five (25) feet apart and with an adequate watering system.
3. Any Large Scale Commercial Retail Use shall conform to the following requirements:
a. Applicability: For all Large Scale Commercial Retail Uses for which unexpired preliminary or final Planning and Development Department site plan approval has been obtained prior to February 19, 2003, these standards shall not apply.
Building Setbacks | |
|---|---|
From all property lines | Minimum 60 feet |
Building Height | |
Within 60 feet of property lines | Max. 35 feet |
Greater than 60 feet | See Section 624.E.4.d |
Landscape Streetscape | |
Average 30-foot setback, minimum 25-foot setback permitted for up to 50% of the frontage. **** | |
Plant Type | Minimum Planting Size |
Trees* | Min. 2-inch caliper (50% of required trees) Min. 3-inch caliper or multi-trunk tree (25% of required trees) Min. 4-inch caliper or multi-trunk tree (25% of required trees) |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
Parking Lot Area | |
Interior surface area (exclusive of perimeter landscaping and all setbacks) | Min. 10% |
Landscaped planters | At ends of each row of parking & approx. every 110' |
Landscaped planters**, single row of parking | Min. 150 sq. ft.*** |
Landscaped planters**, double row of parking | Min. 300 sq. ft.*** |
See b.(1) and b.(2) below | |
As needed to meet 10% minimum requirement, addl. landscaping to be evenly distributed throughout the entire parking area. Min. interior dimension five (5) feet (length and width). Min. rate of one (1) for every six 6 parking spaces, evenly distributed throughout the entire parking area. | |
Plant Type | Minimum Planting Size |
Trees | Min. one 2-inch caliper per planter **** |
Shrubs | Min. five (5) 5-gallon shrubs per planter |
Perimeter Property Lines (not adjacent to a street) | |
Property lines adjacent to an existing residential use or residential zoning district | Min. 15-foot landscaped setback |
All other perimeter property lines | Min. 10-foot landscaped setback |
Property lines not adjacent to a street, but adjacent to property zoned C-2, C-3, A-1, A-2, Commerce Park | None |
Adjacent to a Building | |
Buildings that face a public street | See c.(1) and c.(2) below |
*20 feet on center or equivalent groupings.
**Measured from inside face of curb to inside face of curb.
***Not to exceed the length of a standard City of Phoenix parking stall. Modifications to the square footage may be approved by Development Service Department if the overall intent of the standard is being met.
****Or as approved by the Planning and Development Department.
b. For landscaping adjacent to pedestrian walkways in parking lot, provide either:
(1) Minimum 15-foot wide combination sidewalk/landscaped planter along the walkway as approved by Planning and Development Department. Where planters are adjacent to head-in parking, they shall be a minimum 7.5 feet wide. At installation, the landscape palette shall contain a mixed maturity consisting of 60% trees with minimum 2-inch caliper, 40% with minimum 1 inch caliper, or
(2) An equivalent shade structure as approved by the Planning and Development Department.
c. Buildings that face a public street shall provide either:
(1) A minimum 15-foot combination sidewalk/landscaped planter at grade level adjacent to the building. The sum total of the landscaping shall be a minimum one-third (1/3) the length of the building facade and a minimum five (5) foot wide. Landscaping shall include minimum 2-inch caliper size trees placed 20 feet on center or in equivalent groupings with 5-gallon shrubs per tree, or
(2) An arcade or equivalent feature, as approved by the Planning and Development Department.
d. Access:
(1) The development shall have direct site access as follows:
(b) To one arterial road, or
(c) To a collector road.
(2) Except in a Village Core, access from a minor collector street where single-family residential zoning or uses are located within one-quarter (1/4) mile of the subject property shall be subject to a use permit in accordance with the provisions of Section 307.
(3) No access is permitted from a local street.
e. Loading standards:
(1) Hours of operation for developments within 300 feet of a residential district:
(a) Loading permitted between the hours of 6:00 a.m. and 10:00 p.m. Any expansion of the above mentioned hours are subject to obtaining a use permit in accordance with Section 307.
(2) Provide designated tractor-trailer stacking area that is not any closer than 60 feet to a residentially zoned property.
(3) Loading areas/docks shall not be closer than 60 feet to a residentially zoned district.
(4) Loading docks closer than 100 feet to a residential zoning district shall be screened with a solid masonry wall at a height determined by the Planning and Development Department to completely screen loading areas and delivery vehicles.
f. Standards for permanent outdoor garden sales (garden/outdoor living center):
(1) Permanent outdoor sales areas are limited to a maximum of 35,000 gross square feet.
(2) The outdoor sales area may be increased from 35,000 gross square feet to a maximum area of 50,000 gross square feet only upon securing a use permit and when:
(A) It is demonstrated that the proposed modification is not detrimental to adjacent property or the public welfare in general, or
(B) Due to a small or irregular lot size or configuration, reasonable compliance with the standards of this section is precluded or impractical.
(3) Products sold outdoors shall be screened by a minimum eight (8) foot high solid masonry wall or screened so as not to be visible from property line or street. Wall shall have a decorative finish that is complimentary to the primary building walls for all required screening.
(4) Decorative screen material(s) may be used only in garden centers but shall not exceed 50% of the screened area. Decorative screening may include one or more of the following: wire, fabric, screen material, landscaping and/or alternative materials, as approved by the Planning and Development Department.
(5) Chain link fencing is not permitted.
g. Temporary outdoor display and sales:
(1) Designate the area reserved for outdoor display and sales at front of building on site plan and delineate decoratively on the property.
(2) Temporary outside display and sales areas are subject to the following standards:
(A) Maximum 500 square feet of display area;
(B) No display and/or sales is permitted within 25 linear feet of either side of the building entrance(s)/exit(s);
(C) The allowable square footage and/or proximity of the display area to the building entrances/exits may be modified by 50 percent only upon securing a use permit when it is clearly demonstrated that the proposed modification is not detrimental to adjacent property and the public welfare in general.
h. Special requirements.
(1) Provide permanent internal posting of designated rezoning stipulations in a viewable area for employees and management. Posting to be in place prior to obtaining Certificate of Occupancy and shall be maintained by the property owner or operator of the business.
G. Outdoor Storage, Push Carts.
1. Push carts made available for use by the public may be stored in temporary cart corrals located within the parking area of the retail center during normal business hours. Push carts must be stored inside the building or in an outdoor enclosure that is fully screened so as not to be visible from the property line or street after normal business hours or when not being used on a long term basis.
H. Temporary Outdoor Storage Containers:
1. Designate an area for screened temporary storage containers at rear or sides of property, if provided.
2. Temporary storage container area shall be screened by a minimum eight (8) foot high solid masonry wall or screened so as not to be visible from property line or street.
3. A use permit must be obtained in accordance with the provisions of Section 307 in order to install/place temporary storage container(s).
Section 628. A-2 Industrial District.
A. Purpose. The Industrial District is designed to accommodate uses with one or more of the following characteristics: intensive use of property; open uses and/or storage; industrial processes which may involve significant amounts of heat, mechanical and chemical processing, large amounts of materials transfer, extended or multiple shift operation, large scaled structures, etc. Such uses often function best in association with other similar or supportive uses. Because of the intensity and characteristics of this use class, specific standards are set to maximize their compatibility when adjacent to residential districts or when located on arterial or collector streets.
B. Permitted Uses. Within the Industrial District no building, structure, or use shall be made of land for any purpose other than any one of the following, provided that any such use shall meet the standards as set forth in this section:
1. Commercial C-3 uses, except residential uses.
2. Manufacturing: Fabrication and assembly of finished products or subassemblies, so long as the primary use of the property is not the basic processing and compounding of raw materials, or food products.
3. Mobile vendors, subject to the following conditions or limitations:
a. Mobile vendors shall not locate a mobile vending unit less than one thousand three hundred twenty feet measured in a straight line from another licensed mobile vendor on the same side of the street. The measurement shall be made from a line drawn around the mobile vending unit with the line being at all points ten feet from the nearest point of the mobile vending unit.
b. Notwithstanding the provisions of subsection a above, no more than two mobile vendors shall be permitted on the corner lots at any intersection.
c. Mobile vendors shall operate only upon surfaces that comply with the dustproofing and paving requirement for parking and maneuvering areas as set forth in Section 702.A.2.d of the Zoning Ordinance.
d. Mobile vendors shall not be located so as to obstruct parking spaces required by this ordinance for the operation of any other use on the site.
e. Mobile vendors must maintain on the site a minimum of three parking spaces designated for their use.
f. The use of signs by mobile vendors shall be governed by the sign regulations contained in Section 705 of this ordinance.
g. Any mobile vendor located on a vacant lot shall be considered a use and be subject to all of the district regulations relating to uses, except that the perimeter landscaping requirements of Section 624.E.4.e shall not apply.
h. Notwithstanding subsection I below, a mobile vending unit located on a lot which has another use shall also be considered a use if the mobile vending unit is located within or under any permanent structure. Such use shall comply with all of the regulations for a use in the district, except that the perimeter landscaping requirements of Section 624.E.4.e shall not apply. For the purpose of this section, "permanent structure" shall mean a structure that is built or constructed such as an edifice, building, walls, benches, shade structure or any piece of work artificially built up or composed of parts joined together in some definite manner, and permanently attached to the ground.
i. If a mobile vendor is located on a lot which has another use, the mobile vendor shall be considered an accessory use.
j. No mobile vending unit shall:
(1) Be placed within fifteen feet of any street right-of-way.
(2) Be placed within one hundred feet of the intersection of an on- or off-ramp of a freeway and the street to which the ramp exits.
k. Exemptions. These provisions shall not apply to mobile vendors or vending units (1) located in a swap meet licensed pursuant to chapter 10 of the Phoenix City Code; (2) used exclusively for the sale of seasonal items such as Christmas trees or pumpkins that are sold prior to holidays or traditional observances such as Christmas or Halloween; (3) regulated as a temporary use pursuant to Section 708.D of this ordinance; or (4) regulated pursuant to Section 637.A.4 (Promotional events at shopping centers).
l. Neither the Zoning Administrator nor the Board of Adjustment shall have the jurisdiction to grant variances from the provisions of subsections (a), (b), (d), (e), and (j)(1) and (2) above.
m. Any parcel upon which a mobile vendor use has been legally established shall be considered to be a mobile vendor site for purposes of applying subsections a and b above. In the event that the mobile vendor use ceases on the site for a period of one hundred eighty consecutive days and is not legally reestablished by the end of one-hundred-eighty-day period, the site shall no longer be considered a mobile vendor site for purposes of applying subsections a and b above. During the one-hundred-eighty-day period, the site shall be considered a mobile vendor site for the purpose of applying subsections a and b above.
4. Wholesaling and warehousing: Storage of merchandise; sales to a retailer or a business or industrial consumer so long as the purpose of the customer in buying goods is to resell them or to use them for business needs as supplies or equipment.
5. Basic compounding and processing of raw materials except food and agricultural products. The end product consists of materials for later processing or fabrication into a finished product to be used by the ultimate purchaser.
6. Basic compounding and processing of food and agricultural products.
7. Industrial agricultural activities: Wholesale storage and sales of agricultural chemicals, fertilizers, feeds, livestock supplies; storage and packing of field crops, produce and meat for later shipment and processing, animal stables, auctions, boarding, breeding and hospitals; wood and wood products storage, processing and manufacturing; crop dusting services.
8. Contractor yards and shops; heavy equipment repairs; agricultural implement repair and service; aircraft, bus and commercial trucks over three-fourths ton rated capacity repair and service; and including, as an accessory use, the storage of equipment and materials.
9. Extensive outside uses: Outside activities and storage of materials as the primary use; salvage and dismantling activities may be included; and as an accessory use wholesale and retail sales.
10. Shelters and dormitories intended to provide temporary shelter. A use permit shall be required in accordance with the provisions of Section 307 if the shelter or dormitory providing temporary shelter is located within one thousand three hundred twenty feet of a residential zoning district.
11. Bus line depots with repair and light maintenance, including washing facilities.
C. Accessory Uses. Unless otherwise specified, no accessory uses shall be permitted in this district except the following:
1. Quarters for caretakers or watchmen.
2. Commercial C-3 uses, except residential.
3. Reserved.
D. District Regulations. Any use established or conducted within this district shall comply with the following standards:
1. Smoke, gas and odor emissions shall comply with Regulation III of the Maricopa County Air Pollution Control Rules and Regulations.
2. The disposal of all waste materials shall comply with title 9, chapter 8, articles 18 and 4 of the Hazardous Waste Regulations as adopted by the Arizona Health Department.
3. The average noise level, measured at the property line, shall not exceed fifty-five dB (l dn) when measured on an "A weighted" sound level meter and according to the procedures of the Environmental Protection Agency.
4. Explosive or hazardous processes: Certification shall be provided by the Phoenix Fire Department Prevention Bureau that all manufacturing, storage and waste processes on the site shall meet safety and environmental standards as administered by the Bureau.
5. All direct sources of illumination shall be shielded so as not to be visible from adjacent residentially zoned property.
6. A commercial property owner can display for sale vehicles, which for purposes of this provision includes trailers, watercraft or other types of transportation that are built to carry passengers or cargo, when the display is being done on behalf of or in conjunction with a registered vehicle retail sales dealership and a use permit has been obtained in compliance with Section 307. The actual sale of the vehicle displayed must be completed by the registered retail sales dealership at their vehicle sales dealership site.
7. With the exception of those instances listed above in 628.D.6., no other types of vehicle built to carry passengers or cargo can be sold or displayed for sale on-site except by a registered vehicle retail sales dealership.
E. Site Standards.
1. No individual site shall be sold or leased in the Industrial District if such site is not of sufficient size so that it may be developed in accordance with the requirements of this section.
2. The use of any lot in this district shall comply with the following standards:
a. Building height. Fifty-six-foot maximum height; up to eighty feet allowable with a use permit with a specific plan of development. Requests to exceed this limit for a warehouse up to a maximum height of one hundred ten feet may be granted by the City Council upon recommendation from the Planning Commission in accordance with the standards and procedures of Section 506 and upon a finding that such additional height is not detrimental to adjacent property or the public welfare in general.
b. Yard requirements.
(1) Section 701.D.3 shall apply to yards on an arterial or collector street, adjacent to a canal right-of-way, and when any yard on a public street is on a block where either side of the street contains residential zoning.
(2) For side and rear yards there shall be a thirty-foot setback where adjacent to a residential district for closed buildings and one hundred fifty feet for open buildings or use.
(3) Except for vehicle parking areas, no outdoor uses, outdoor storage, or open buildings shall be within seventy-five feet of a public street.
c. Screening.
(1) Parking or loading and unloading areas where within one hundred fifty feet of a residence district.
(a) For employee and customer parking a four- to six-foot wall or landscaped berm is required. The wall may be three feet high if the parking area is located in a yard as specified in Section 628.E.2.b(1).
(b) In areas used for truck parking, loading or unloading, an eight-foot-high wall is required.
(2) Open storage or use.
(a) Any outside storage or use within one hundred feet of a residential district or any public street shall be screened by a six-foot-high solid fence or wall.
(b) Height of open storage.
(i) Open storage shall be no higher than six feet plus one foot in height for every additional three feet of setback from a property line.
(ii) If the storage area is within one hundred fifty feet of a public street, screening in addition to the required six-foot fence shall include fifteen-gallon trees spaced no more than twenty-five feet apart and with an adequate watering system.
Section 629. RH Resort District.
The Resort District provides for resorts occupying extensive grounds and providing within the establishment related guest service facilities such as restaurants, bars, gift shops, and riding stables. Resort districts may be close to residential neighborhoods and will, therefore, provide regulations and site plan controls to protect the residential quality of the Resort District itself and surrounding residential districts.
A. Permitted Uses.
1. Resorts.
2. The following accessory uses and buildings which are intended primarily to serve the guests of the resort are permitted:
a. Attached or detached dwelling units.
b. Golf courses.
c. Shuffleboard courts.
d. Swimming pools.
e. Tennis courts and handball courts.
f. Conference and banquet rooms, provided that no sign, display, or other exterior indications of said use shall be visible from a public thoroughfare or adjacent property.
g. Bars and restaurants, subject to the following conditions:
(1) The entrance to said accessory uses shall be from within the exterior walls of the principal buildings, their arcades, or patios.
(2) No sign, display or other exterior indications of the accessory use shall be visible from a public thoroughfare or adjacent property.
(3) Live music, entertainment, and dancing shall be permitted as an accessory use, subject to a use permit.
h. Retail and service establishments other than bars and restaurants, subject to the following conditions:
(1) No individual establishment shall contain more than two thousand square feet, excluding conference rooms or banquet rooms.
(2) The sum of the floor areas of all such establishments shall not exceed five percent of the total floor area of the resort.
(3) The entrance to said accessory use shall be from within the exterior walls of the principal building, its arcade or patio.
(4) No sign, display or other exterior indications of the accessory use shall be visible from a public thoroughfare or adjacent property.
i. Riding stables and corrals, subject to the following conditions:
(1) There shall be a minimum area of ten acres gross for a resort having stables.
(2) A stable or corral shall be located at a distance of not less than two hundred fifty feet from a residential district.
j. Minor game courts not herein enumerated, commonly associated with resorts.
k. Reserved.
3. Public utility buildings and facilities when necessary for serving the surrounding territory. Repair and/or storage facilities, including outdoor, subject to a use permit.
B. Yard, Height, Area and Density Requirements.
1. The following minimum requirements shall apply:
a. There shall be a minimum of seven and one-half acres gross area.
b. The site shall have a frontage of at least three hundred feet on streets designated as arterial streets on the street classification map.
c. There shall be at least fifty guestrooms.
d. Any dwelling units shall be in excess of the minimum fifty guestrooms.
2. The maximum density shall not exceed ten guestrooms or dwelling units for each one-half acre.
3. Setback requirements for all buildings:
a. All buildings shall be set back a distance of not less than twenty-five feet from all property lines.
b. All buildings shall be set back a distance of not less than forty feet from property lines which abut residential districts. This depth may be reduced to twenty-five feet if the twenty-five feet is entirely landscaped.
c. There shall be a front yard having a depth of at least forty feet.
d. No vehicle shall be parked in the required front yard.
4. The main building and all accessory buildings shall not occupy more than twenty percent of the total lot area.
5. Building height shall be as follows:
a. Buildings within one hundred feet of any residential district or perimeter street shall not exceed twenty feet.
b. Starting at one hundred feet from any abutting residential district or perimeter street, or twenty-five feet from property lines which abut nonresidential districts, the height of structures may be increased one foot for each five of horizontal distance. In no event shall any such building exceed a height of four stories not to exceed forty-eight feet.
C. Site and Lighting Requirements.
1. When a Resort District abuts a single-family residential district, a landscape screen, a minimum of ten feet wide, shall be established and maintained on the abutting lot line.
2. Exterior lighting shall meet the following height requirements:
a. A maximum height of six feet is permitted within fifty feet of a residential district.
b. A maximum height of twelve feet is permitted within one hundred feet of a residential district.
c. All other lighting shall not exceed twenty-five feet in height.
D. Development Review Approval. A site plan approved in accordance with Section 507 of this ordinance is required for all uses.
E. Parking Requirements. Parking shall be as required in Section 702 of this ordinance.
Section 630. Residential Infill R-I District—Multifamily Residential.
The Residential Infill District is intended to encourage new multi-family development within the central portion of Phoenix. The overlay district would permit greater densities and other features not permitted by the underlying district. Such residential development would increase the opportunity for people to live and work downtown. Greater use could also be made of existing under-utilized public facilities and services.
The district can only be combined with land already designated as residential R-3, R-4, R-4A, and R-5 zoning districts within the area bounded by 19th Avenue, 24th Street, Thomas Road and Harrison Street (Railroad).
A. Permitted uses. The permitted uses are as provided in the district with which the R-I district is combined.
B. Yard, height and area requirements. Except as required by Section 701 and 703.B, the following yard, height and area provisions shall be required for this district.
1. When the R-I district is combined with the R-3 district, there shall be a lot area of not less than two thousand square feet for each dwelling unit. When it is combined with the R-4 district, then shall be a lot area of not less than one thousand two hundred fifty square feet for each dwelling unit. No lot shall hereafter be subdivided to provide less than six thousand square feet of lot area nor to have a width of less than sixty feet nor a depth of less than ninety-four feet.
2. Front, side and rear yards shall be as required in the district with which the R-I district is combined. Additional setbacks may be required in connection with development review.
3. Lot coverage shall be as required in the district with which the R-I district is combined.
4. Building height shall be as required in the district with which the R-I district is combined except that with the R-4A and R-5 district, no building shall exceed a height of six stories, not to exceed sixty-five feet.
5. Yards for detached accessory buildings shall be permitted as in Section 706
C. Mixed uses development. When residential uses are to be combined with commercial office uses in an underlying R-5 zoning district, then minimum of fifty percent of the total gross floor area, excluding parking, shall be devoted to residential uses. If no residential use is to be developed with underlying R-5 district, then the provisions of the R-I district contained herein shall not apply.
D. Development review approval. A site plan approved in accordance with Section 507 of this ordinance shall be required for all uses developed in accordance with this section.
E. Reserved.
Section 631. High-Rise H-R District—High-Rise and High Density District.
The High-Rise H-R is intended to be a special district to allow greater building height and density within those few areas of the City that, by their strategic location and intense land use, generate exceptional amounts of activity of a commercial nature. Within these areas of greatly intensified activity the H-R districts may be combined with the R-4, R-4A, R-5, C-O, C-1, C-2, C-3, A-1, A-2, P-1 or P-2 districts and shall control in those requirements which it sets forth.
A. Permitted uses.
1. As permitted in the district with which the H-R district is combined.
2. The P-1 and P-2 districts only when contiguous to or on the same lot as any R-4, R-4A, R-5, C-O, C-1, C-2 or C-3 district may be included in the total lot area for density purposes, but only when the P-1 and/or P-2 district is in combination with the H-R district.
B. Yard, height and area requirements.
1. For any site development not exceeding four stories or fifty-six feet, the yard and area requirements set forth in the district with which the H-R district is combined shall control.
2. For any site development in excess of four stories or fifty-six feet:
a. There shall be a lot area of not less than four hundred fifty square feet for each dwelling unit, three hundred square feet for each efficiency apartment or rooming unit, and two hundred square feet for each guestroom.
b. There shall be a front yard having a depth as provided in Section 701.D.
c. There shall be side yards having a width as provided in Section 701.D, subject to the exceptions provided in Section 701.A.3.
d. There shall be a rear yard having a depth as provided in Section 701.D.
e. The main building and all accessory buildings on a lot shall not occupy more than fifty percent of the total area of the lot.
f. No building shall exceed a height of two hundred fifty feet.
(1) Requests to exceed the two-hundred-fifty-foot height limit may be granted by the City Council upon recommendation from the Planning Commission and in accordance with Section 506 of this ordinance upon a finding that such additional height is not detrimental to adjacent property or the public welfare in general. Request to amend a previously approved H-R application shall follow the procedures set forth in Section 506
(2) In no case shall the height of a building exceed the height limit as set forth in "The Sky Harbor Airport Zoning Ordinance" where the requirements of said ordinance are more restrictive than those set forth in this section.
(3) Neither the Zoning Administrator nor the Board of Adjustment shall have jurisdiction to vary the terms of Section 631.B.2.f of this ordinance.
g. Yards for detached accessory buildings shall be permitted as in Section 706
h. A site plan approved in accordance with Section 507 of this ordinance is required for all uses.
Section 632. Middle Housing (MH) Overlay District.
A. Purpose. The purpose of this overlay district is to establish zoning regulations which achieve compliance with Section 9-462.13, Arizona Revised Statutes, as follows:
1. Entitle properties within the Middle Housing Overlay District to have up to four primary dwelling units per lot.
2. Provide modified development regulations for middle housing.
B. Applicability.
1. The MH Overlay may be combined with any zoning district when also in compliance with the eligibility requirements of Section 632.C.
2. If the provisions of the MH Overlay conflict with other zoning regulations applicable to the property, the MH Overlay provisions shall prevail, unless otherwise stated in this section.
C. Eligibility Requirements. The MH Overlay District shall be applied to the following:
1. A property which has been rezoned with the MH Overlay District in accordance with Section 506; or
2. Lots in a subdivision having a plat recorded on or after January 1, 2026, which meet all of the following additional criteria:
a. The subdivision is contiguous and a minimum ten gross acres in size.
b. The subdivision has never been part of a prior subdivision which has applied the middle housing provisions of Section 9-462.13, Arizona Revised Statutes.
c. The subdivision has base zoning of RE-43, RE-24, R1-14, RE-35, R1-18, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-5, R-4A, C-1, C-2, or C-3.
d. For C-1, C-2, and C-3 properties only: the subdivision is platted as a Single-Family Infill (SFI) Subdivision as set forth in Section 608.I.
e. The number of lots proposed for application of the MH Overlay District does not exceed 20 percent of the total number of lots in the subdivision. For subdivisions of fewer than five lots, one lot shall be permitted to have the MH Overlay.
f. The subdivision is not located in the territory in the vicinity of: Phoenix Sky Harbor International Airport; Phoenix Deer Valley Airport; and Scottsdale Airport; each of which is a Federal Aviation Administration commercially licensed airport or a general aviation or public airport as defined in Section 28-8486, Arizona Revised Statutes.
g. The subdivision is not located in the territory in the vicinity of a military airport or ancillary military facility as defined in Section 28-8461, Arizona Revised Statutes.
h. The subdivision is not located on tribal land.
i. The subdivision owner has requested the City to assign the MH Overlay District within the subdivision through the opt-in procedures provided in this section.
D. Opt-In Procedure. Prior to utilizing the provisions of the MH Overlay District, subdivisions eligible per Section 632.C.2 must request that the City apply the MH Overlay District to the lots on which middle housing shall be permitted, as follows:
1. The subdivision owner shall sign before a notary public an opt-in form provided by the Planning and Development Department.
2. Concurrent with the opt-in form, the subdivision owner shall submit a legal description of the lots on which the MH Overlay District shall be applied.
3. City staff shall review the opt-in form and legal description. When the request is confirmed to be eligible, staff shall process a request to change the official zoning map of the City of Phoenix to apply the MH Overlay District to the eligible subdivision lots.
4. Once the zoning map change is completed, the lots shall be officially assigned the MH Overlay District until such time that they may be rezoned in accordance with Section 506.
E. Middle Housing (MH) Development Regulations. The following modified development regulations apply only when the MH District is combined with the RE-43, RE-24, R1-14, RE-35, R1-18, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-5, R-4A, C-1, C-2, or C-3 zoning districts. For all other properties, the development regulations of the base district apply.
1. Permitted Uses.
a. All uses permitted within the underlying base zoning districts; plus
2. Density. The maximum number of primary dwelling units (PDU) provided on a lot assigned the MH Overlay District shall not exceed the number allowed by the base zoning, or four PDUs, whichever is greater.
a. The maximum number of subdivided lots per acre is the same as allowed by the base zoning and is not modified by this section.
b. For the Planned Residential Development option, density bonus provisions are applicable for single-family development as set forth in Section 608.H.1.
3. Setbacks and Height. The required setbacks and maximum height(s) shall be the same as for a single-family dwelling unit on the same property, including those for permitted projections.
4. Lot Coverage. Lot coverage shall be the same as for the base district, with the following exception:
a. Lots With Base Zoning of RE-43, RE-35, RE-24, or R1-14. The maximum permitted lot coverage shall be increased to 50 percent when all structures on the lot are one-story and a maximum 20 feet in height.
5. Parking and Maneuvering.
a. On lots having no more than one primary dwelling unit, a minimum of two parking spaces shall be provided on site.
b. On lots having two or more primary dwelling units, a minimum of one parking space shall be provided on site per PDU.
c. Maneuvering within a public alley shall be allowed when in compliance with the following: (T)
(1) The alley is a minimum 16 feet wide for the length of the block;
(2) The alley is paved to the two nearest existing cross streets, to the standards required by the City for a local street; and
(3) A minimum of 24 feet maneuvering area is provided that is a combination of the alley paving and on-site paving, or as otherwise approved through a technical appeal.
6. Design Review.
a. Historic Preservation (HP). Design review for HP-zoned or HP-designated properties shall be as required per the provisions of Chapter 8, with no modifications by this overlay district.
b. All lots not zoned HP or designated HP, regardless of lot width, shall be subject to the provisions of Section 507 Tab A.II.C.9, Residential Lot Design Review.
Section 633. High-Rise Incentive District—High-Rise and Mixed Use District.
The High-Rise Incentive District is a special district allowing greater residential building height and density within the central corridor of the infill area. The district, once implemented by Council adoption of a zoning map change, will permit high-rise buildings without further property owner actions and subject to approval of a site plan. The purpose of the district is to provide a stimulus to the development of residential and mixed commercial/residential projects within the central City area. This is in accord with the Phoenix Concept Plan 2000 working toward a balance between the central City employment and residential development.
The incentive district may be combined with R-4, R-4A, R-5, C-1, C-2, C-3, P-1, and P-2 districts and shall control those requirements which it sets forth.
The provisions of this section shall apply only to that area bounded by Seventh Avenue, Thomas Road, Seventh Street, and Harrison Street (Railroad).
A. Permitted uses. The permitted uses are as provided in the district with which the incentive district is combined. Only single-family and multi-family residential shall be permitted when this district is combined with the R-4 and R-4A districts. Except between Third Avenue and Third Street and in the "Downtown Core," as defined in the Downtown Specific Plan, in the R-5, C-1, C-2, and C-3 districts any development shall have at least fifty percent of the total gross floor area devoted to residential use, excluding parking, except as provided in Section 633.D below.
B. Yard, height and area requirements. For any site where there is development in excess of four stories or fifty-six feet:
1. There shall be a lot area of not less than two hundred square feet for each dwelling unit or efficiency apartment. There shall be no density requirements for hotel rooms.
2. There shall be the following yard requirements:
a. There shall be a front yard having a depth as provided in Section 701.D for C-1, C-2, and C-3 and as provided in the underlying district for R-4, R-4A, and R-5.
b. There shall be a side yard as provided in Section 701.D, subject to the exceptions provided in Sections 701.A.3 for C-1, C-2, and C-3 and as provided in the underlying district for R-4, R-4A, and R-5.
c. There shall be a rear yard having a depth as provided in Section 701.D for C-1, C-2, and C-3 and as provided in the underlying district for R-4, R-4A, and R-5.
d. Where a site boundary abuts a residential district, there shall be the following minimum side and rear yard setbacks from the abutting residential district:
(1) Side and rear yard shall be not less than fifteen feet for buildings up to fifty feet in height.
(2) For buildings over fifty feet in height there shall be an additional five-foot setback for each additional fifty feet of building height up to a maximum setback of thirty-five feet.
(3) The rear yard depth may be measured from the centerline of any existing sixteen-foot or wider alley or what would be the centerline of a full sixteen-foot or wider rear alley where only one-half or partial alley exists.
e. Yards for detached accessory buildings shall be as permitted in Section 706
3. The height of buildings between Seventh Street and Seventh Avenue shall be limited by location as follows:
a. There shall be no height limit between McKinley and Harrison Streets.
b. Between McKinley Street and Thomas Road no building shall exceed a height of two hundred and fifty feet.
(1) Requests to exceed the two-hundred-fifty-foot height limit may be granted by the City Council upon recommendation from the Planning Commission and in accordance with Section 506 of this ordinance upon a finding that such additional height is not detrimental to adjacent property or the public welfare in general. Request to amend a previously approved high-rise incentive application shall follow the procedures set forth in Section 506
c. In no case shall the height of a building exceed the height limits as set forth in "The Sky Harbor Airport Zoning Ordinance" where the requirements of said ordinance are more restrictive than those set forth above.
d. Neither the Zoning Administrator nor the Board of adjustment shall have jurisdiction to vary the terms of this paragraph.
C. Development review approval. In the incentive district, any development shall be in accordance with a site plan approved by the Planning and Development Department’s representative to the Site Planning Division of the Planning and Development Department as provided in Section 507.
D. Mixed use development. For mixed commercial/residential development, the maximum fifty percent gross floor area devoted to commercial usage may be increased up to seventy-five percent commercial usage, according to the following:
1. The inclusion in the development plan of a pedestrian mall at the ground level of the structure shall allow a ten percent increase in commercial gross floor area. The pedestrian mall shall include the following:
a. Fountains (water elements) and sculptures.
b. Decorative paving, public bench and seating area.
c. Live plant materials (trees, shrubbery and ground cover).
d. Bicycle racks.
e. Arcades.
f. Architectural treatment of mall and structure responsive to adjacent structural design.
g. Public outdoor drinking fountains.
2. The inclusion in the development plan of any of the following amenities shall allow the commercial gross floor area to be increased by five percent per amenity, with a maximum allowable increase of ten percent:
a. Increased building setbacks in increments of five feet beyond all required setbacks.
b. Observatory room at the top of the high-rise structure with access for the public.
c. Athletic facilities located on or within the structure or within the mall area.
d. Rooftop gardens and patios open to the public.
3. The inclusion in the development plan of any of the following amenities shall allow the commercial gross floor area to be increased by five percent per amenity, with a maximum allowable increase of five percent:
a. Solar orientation of structure and responsiveness to Phoenix climatic conditions.
b. Building efficiency and energy orientation.
4. The acceptance of these amenities would be by the Planning and Development Department’s representative to the Site Planning Division of the Planning and Development Department at the time of development review approval to determine the permitted commercial floor area.
E. Reserved.
Section 634. Mid-Rise District.
The Mid-Rise District is intended to be a special "overlay" district to allow greater building height and density within the designated urban village cores. The M-R district may be combined with the R-4, R-4A, R-5, C-O, C-1, C-2, C-3, A-1, A-2, Commerce Park, P-1, P-2, PSC, Resort, [and] RSC districts and shall control in those requirements which it sets forth. The provisions of this section shall apply only to those areas designated as urban village cores and such other areas as determined by the City Council. Through development review and village design guidelines, greater use, intensity and height will be encouraged at the core of urban villages as compared with the core edge.
A. Permitted uses.
1. As permitted in the district with which M-R district is combined.
2. The P-1 and P-2 districts only when contiguous to or on the same lot as any R-4A, R-5, C-O, C-1, C-2, C-3, PSC, [or] RSC district may be included in the total lot area for density purposes, but only when the P-1 and/or P-2 district is in combination with the M-R district.
B. Yard, height and area requirements.
1. For any site development not exceeding fifty-six feet, the yard and area requirements set forth in the district with which the M-R district is combined shall control.
2. For any site development in excess of fifty-six feet:
a. There shall be a front yard having a depth as provided in Section 701.D.
b. There shall be side yards as provided in Section 701.D, subject to the exceptions provided in Section 701.A.3.
c. There shall be a rear yard having a depth as provided in Section 701.D.
d. There shall be no maximum lot coverage.
e. No building shall exceed the height of one hundred ninety feet.
f. A site plan approved in accordance with Section 507 of this ordinance is required for all uses.
g. A minimum of thirty percent of a project’s total net area shall be open space with appropriate landscaping and other pedestrian-oriented amenities. This area shall be exclusive of setbacks, areas open to vehicular traffic and parking areas.
h. Reflection, traffic and utility studies shall be submitted as an integral part of the site plan submittal to demonstrate compatibility with surrounding uses.
i. All surface parking must be buffered by landscaping, regardless of whether located in side yards or rear yards.
(j) When M-R developments are adjacent to single-family residential districts or uses, then there shall be an additional setback of one foot horizontal for each vertical one foot in height from the adjacent residential property line.
Section 635. Planned Area Development.
The provisions of this section shall apply only to land zoned prior to September 9, 1982. The following use districts are hereby established to implement Planned Area Development projects as set forth in Section 635: P.A.D.-1, P.A.D.-2, P.A.D.-3, P.A.D.-4, P.A.D.-5, P.A.D.-6, P.A.D.-7, P.A.D.-8, P.A.D.-9, P.A.D.-10, P.A.D.-11, P.A.D.-12, P.A.D.-13, P.A.D.-14, P.A.D.-15. The uses permitted and regulation of such uses within each of the above districts, are further set forth in the following provisions of Section 635.
A. Purpose of Planned Area Development. A Planned Area Development is intended to correlate comprehensively the provisions of this and other ordinances of the City to permit developments which will provide a desirable and stable environment in harmony with that of the surrounding area: to permit flexibility that will encourage a more creative approach in the development of land, and will result in a more efficient, aesthetic and desirable use of open area, to permit flexibility in design, placement of buildings, use of open spaces, circulation facilities, and off-street parking areas; and to utilize best the potentials of sites characterized by special features of geography, topography, size or shape.
B. Application and Development Plan.
1. Application. An application to establish a Planned Area Development project shall be filed by:
a. The owner or owners having title to all of the property in the area proposed for the Planned Area Development district; or
b. The City Planning Commission.
Every application shall be accompanied by a fee as required under Section 506 except when filed under Section 635.B.1.b. Application shall be made in the office of the City Planning and Development Department on forms provided therefor. No application shall be accepted unless it is complete and is verified as to the correctness of information given by the signature of the applicant attesting thereto.
2. Site plan required. A site plan approved in accordance with Section 507 of this ordinance is required for all uses.
3. Explanatory statement. There shall be included as a part of the application for rezoning a written statement of the general purposes of the project and an explanation of all features pertaining to uses and other pertinent matters not readily identifiable in map form. The adoption of the text specifying the particular nonresidential uses permitted to locate on the site, if any, shall constitute a limitation to those specific uses.
4. Planned Area Development district. The application shall specify the P.A.D. district applied for.
C. Use Regulations.
1. Uses Permitted. In the Planned Area Development districts only the following uses are permitted:
a. As stated in Section 608.D, Residential Districts Land Use Matrix.
b. Neighborhood retail uses and other nonresidential uses limited to those enumerated in the C-1 district may be specifically and selectively authorized as to type and size only when integrated by design as an accessory element of the project, and only when located in an area proposed to be appropriately zoned for said use and approved as provided below, provided that the development is planned for more than four hundred dwelling units.
2. Use Control.
a. The zoning of areas for neighboring retail uses shall not become effective until one-half of the total number of dwelling units planned is completed.
b. There shall be a minimum of ten percent of the total area of the planned development dedicated or reserved as usable common "open space" land. Common "open space" lands shall be clearly designated on the plan as to character of use and development but shall not include:
(1) Areas reserved for the exclusive use or benefit of an individual tenant or owner; nor
(2) Dedicated streets, alleys and other public rights-of-way; nor
(3) Vehicular drives, parking, loading, and storage areas.
(4) Required setback areas at exterior boundaries of the site.
(5) Golf courses.
c. Adequate guarantee must be provided to insure permanent retention of "open space" land area resulting from the application of these regulations, either by private reservation for the use of the residents within the development or by dedication to the public or a combination thereof.
d. The City Council may require, when there is conveyance of fee title to spaces or lots, the formation of a homeowners’ association to be responsible for maintenance of common areas.
D. Layout and Design Requirements.
1. Except as required by Section 710, the yard, height, area coverage and density requirements for each district shall be as follows:
P.A.D. Districts | Maximum Dwelling Units per Gross Acre | Maximum Building Height Limit in Gross Development | Maximum Percentage Lot Coverage of Buildings | Building Setback Requirements in Feet (at Exterior Boundaries of P.A.D. Site) | |||
|---|---|---|---|---|---|---|---|
Stories | Feet | Front | Rear | Side | |||
P.A.D.-1 | 0.75 | 2 | 30 | 20 | 40 | 40 | 30 |
P.A.D.-2 | 1.00 | 2 | 30 | 20 | 40 | 40 | 30 |
P.A.D.-3 | 1.35 | 2 | 30 | 25 | 30 | 30 | 15 |
P.A.D.-4 | 1.75 | 2 | 30 | 25 | 30 | 30 | 15 |
P.A.D.-5 | 2.20 | 2 | 30 | 25 | 30 | 30 | 15 |
P.A.D.-6 | 2.75 | 2 | 30 | 30 | 30 | 25 | 10 |
P.A.D.-7 | 3.50 | 2 | 30 | 35 | 30 | 25 | 10 |
P.A.D.-8 | 4.75 | 2 | 30 | 40 | 25 | 25 | 10 |
P.A.D.-9 | 6.00 | 2 | 30 | 40 | 25 | 20 | 10 |
P.A.D.-10 | 8.00 | 2 | 30 | 40 | 25 | 15 | 10 |
P.A.D.-11 | 10.00 | 2 | 30 | 45 | 20 | 15 | 10 |
P.A.D.-12 | 12.00 | 2 | 30 | 45 | 20 | 15 | 10 |
P.A.D.-13 | 14.50 | 2 | 30 | 45 | 20 | 15 | 10 |
P.A.D.-14 | 29.00 | 3 | 40 | 50 | 20 | 15 | 10 |
P.A.D.-15 | 43.50 | 4 | 48 | 50 | 20 | 15 | 10 |
a. In addition to the above building setback requirements for buildings and structures exceeding fifteen feet in height, there shall be a distance from side and rear boundaries equal to the required yard plus one additional foot for each foot of building height in excess of fifteen feet. All building setbacks shall be measured from the exterior property lines of the P.A.D. site.
b. The gross acreage of the site shall include: all golf courses, all drainageways, including those dedicated to the City; areas dedicated to the public for parks and open space; and one-half of all abutting streets, roadway easements, alleys, or alley easements. The area of any dedicated right-of-way or easement shall not extend beyond the centerline of an existing full dedication or easement or, for a partial dedication, what would be the centerline if there were a full dedication or easement. Those parts of a Planned Area Development set aside or designated for nonresidential uses such as churches, schools, offices, or other nonresidential uses permitted in the C-1 district shall not be included in the gross acreage of the Planned Area Development site.
2. In considering a proposed Planned Area Development district and project, the regulations, requirements and standards where necessary to insure compatibility of buildings and uses with each other and with off-site properties, the Commission may recommend and the Council may specify modification of these regulations, requirements and standards.
E. Off-Street Parking. The total required off-street parking facilities shall be not less than the sum of the required parking facilities for the various uses computed separately in accordance with Section 702.
Private accessways may be used for vehicular ingress and egress when shown on the required site plan provided they are constructed in accordance with standards and specifications on file in the City Engineer’s office.
Section 636. Planned Community (PC) District.
A. Purposes. The Planned Community (PC) District is intended to accomplish the following purposes:
1. To establish planning and development control parameters while allowing sufficient flexibility to permit final detailed planning at the time of development.
2. To permit and encourage the unified planning of large areas in order to achieve the mixture and variety of land uses which such large scale planning makes possible.
3. To permit and encourage planning for the proper relationship between the land uses within the PC Districts and the existing of anticipated development in the surrounding area.
4. To assure the City and land developer that the Planned Community Program approved under the PC District amendment may be carried out over a specified number of years.
B. District Restrictions.
1. A PC District may be established on any parcel of land.
2. Development of a PC District shall proceed by increments called "development units."
3. The PC District is intended to be combined with all or any combination of the various zoning districts included within the Phoenix Zoning Ordinance and shall control the land use regulation otherwise permitted within the districts as set forth herein. The permitted uses allowed, the yard, height, and area requirements, and other requirements within the district shall be those permitted or required in the zoning district with which the PC District is combined, except where modified as hereinafter provided.
C. Rezoning Preapplication.
1. A preapplication meeting is required prior to the submittal of an application for PC District zoning.
a. The applicant is to provide a description of the boundary of the proposed PC District and a conceptual land use plan.
b. The Department and Development Department, and other departments as necessary will review the proposal and advise the applicant with respect to PC District submittal and plan element requirements.
D. Application for Planned Community District.
1. For each PC District, the following filing materials shall be submitted:
a. The legal description of the proposed PC District.
b. An ownership map of land within the proposed PC District.
c. For all developments, the disclosure of the name or names of the applicant, owner, and developer and current address.
(1) If the applicant, owner or developer is a corporation, the names and current addresses of the principal officers and members of its Board of Directors shall be submitted in addition to the information required above.
(2) If the applicant, owner or developer is a partnership, the names and current addresses of the general and managing partners shall be submitted in addition to the information required above.
(3) A material change in any of the information regarding the identity of the applicant, owner or developer or in any address thereof shall be added to the information requested herein by addendum to the supportive data document to be filed by the applicant within thirty days of the change.
d. The Planned Community Program (twenty copies). These materials shall be reviewed for completeness based on the requirements reviewed with the applicant at the preapplication meeting. Upon acceptance of a complete application, Planning and Development Department staff shall set a date for hearing of the application by the Planning Commission and shall so notify the applicant.
2. Planned Community Program submittal requirements:
a. Conceptual Development Plan illustrating the following:
(1) Boundaries and approximate acreage of each development unit.
(2) Proposed zoning and land use of each development unit.
(3) The approximate location of arterial streets, collector streets, transportation and transit corridors and transit facilities.
(4) The approximate location, of any public uses proposed, such as schools, parks, trails, drainageways, or other recreational facilities. The approximate location of private open space reservations or trails.
(5) Existing and proposed utility corridors.
(6) Additional information as necessary to illustrate the relationship of land uses within and adjacent to the project.
(7) A schedule of intensity of uses for each development unit indicating:
(a) The proposed land uses;
(b) The maximum number of dwelling units;
(c) The approximate gross leasable area (GLA);
(d) The proposed height;
(e) The projected school enrollment.
(8) A written description of the applicant’s purpose and intent for the project.
(9) A written statement indicating the proposed public features, if provided, such as landscaped or open area reservations, pathways and trails, buffering treatment, landscaping, transit facilities, etc.
b. Conceptual Development Unit Phasing Schedule illustrating the following:
(1) The anticipated initiation of development for each development unit.
(2) The anticipated completion of development for each development unit.
(3) Initiation and completion dates shall be in no greater than three-year increments.
c. Conceptual Infrastructure Phasing Plan providing the following:
(1) Summary of deficiencies of existing infrastructure as it relates to the project.
(2) Summary of infrastructure demand as it relates to the project.
(3) Summary of infrastructure improvements needed to support the project.
(4) Plan as to how infrastructure will be phased to support the project.
d. Inventory and analysis of site conditions providing the following:
(1) Relationship to the general plan.
(2) Summary of existing land use.
(3) Summary of existing transport system.
(4) Description of known site encumbrances.
(5) Summary of existing drainage patterns and hydrology.
(6) Summary of known archeological and cultural resources.
(7) Summary of unique physical and environmental characteristics including but not limited to topographic information and the location of rock outcroppings and significant natural vegetation.
(8) Slope analysis approved by the Planning and Development Department for hillside areas.
e. A traffic statement or study as required by the Street Transportation Department including the following information:
(1) Information regarding trip generation for each development unit.
(2) Traffic volumes and capacity analysis.
3. City Council modifications. Where necessary to ensure compatibility of buildings and uses with each other and with off-site properties, the City Council may specify modification or restriction of the regulations, requirements, and standards, including but not limited to, conditioning the zoning upon maximum densities, maximum building heights, maximum lot coverage, maximum intensity (ex. maximum F.A.R.), and greater setback requirements than might be otherwise permitted under the applicable zoning district.
E. Establishment of District.
1. Following approval of PC District rezoning request:
a. Only the PC District boundary shall be affixed to the zoning map.
b. PC District Master Plans, reflecting conditions of the zoning approval, shall be submitted to the Planning and Development Department.
c. The Planning and Development Department shall route the Master Plan Documents to the responsible departments. Each department shall provide written comments to the Planning and Development Department indicating approval of the Master Plan documents or the revisions necessary to reflect the conditions of the zoning approval.
d. The Master Plan documents for the entire PCD or a portion thereof as stipulated in the rezoning approval, must be approved by the directors of the appropriate departments or their designee. These plans shall include, but are not limited to, all of the following:
(1) Master Development Plan;
(2) Traffic Impact Study;
(3) Master Street Plan with Infrastructure Phasing Schedule;
(4) Master Open Space, Pedestrian, Bicycle and Trails Plan;
(5) Master Landscape Plan;
(6) Master Edge Treatment Plan for sites adjacent to the Sonoran Preserve;
(7) Master Water Plan including a Water Design Report;
(8) Master Wastewater Plan including a Wastewater Design Report;
(9) Master Drainage Plan including a Drainage Report;
(10) Development Unit Phasing Schedule. The phasing schedule shall indicate the year in which preliminary approval is anticipated for each development unit;
(A) The phasing schedule shall indicate that the first development unit shall obtain preliminary approval within one year of approval of the PC District Master Plans.
(B) The phasing schedule shall indicate that each subsequent development unit shall obtain preliminary approval in increments of no greater than two years.
Additional master plan documents may be required by Council stipulation. The format of PC District Master Plans is to be consistent with the approved PCD Manual on file with the Planning and Development Department.
e. A legal document, known as the PC District Legal Agreement, shall be approved by the City Manager and recorded at the Maricopa County Recorder’s Office. The document shall include the Development Unit Phasing Schedule, zoning case reference number, and a legal description of the PC District. The agreement shall be deemed a restriction running with the land and all persons having an interest in the real property shall be bound by the terms, conditions and obligations thereof until such time as each individual development unit is affixed to the zoning map and the improvements required by the approved PC District Master Plans related to that development unit are fully complete.
f. A portion of a PC District having separate approved Master Plans and legal agreement, may be approved by the Planning and Development Director as a minor amendment to the PC District per Section 636.F.
2. Following approval of Master Plans and recordation of the PC District Legal Agreement:
a. Preliminary site plan or preliminary plat approval may occur for sites designed in conformance with the approved PC District Master Plans.
b. Zoning for individual development units may be affixed to the zoning map in accordance with City Council approval of the PC District upon preliminary site plan approval or preliminary plat approval.
3. All development within the adopted PC District shall thereafter be in conformity with the PC District Master Plans.
F. Amendments. The following procedure shall be followed for any amendment to the Planned Community District:
1. A PC District applicant or his successors in interest may file a request for an amendment with the Planning and Development Department.
2. The request will be routed by the Planning and Development Department for comment to affected City departments or other agencies for comment.
3. Major amendment. The amendment will be deemed major by the Planning and Development Director if it involves any one of the following:
a. Any significant increase in the approved totals of dwelling units or gross leasable area (GLA) for the PC District as determined by the Planning and Development Director.
b. A significant change in zoning boundaries as determined by the Planning and Development Director from those approved for the PC District.
c. Any change which could have significant impact on areas adjoining the PC District as determined by the Planning and Development Director, or
d. Any change, which could have a significant traffic impact on roadways adjacent or external to the PC District, as determined by the Director of the Street Transportation Department.
4. The Planning and Development Department will bring the major amendment before the Planning Commission and will submit background material and recommendations. Review and hearings shall be in accordance with Section 506 of the Zoning Ordinance.
5. Minor amendment. The amendment will be deemed minor if the Planning and Development Director determines the amendment does not meet the criteria established for major amendments.
The Planning and Development Director has the authority to administratively approve the minor amendment and forward the decision to all applicable departments and the applicant.
G. Enforceability.
1. The PC District Master Plans, as amended, shall continue to be implemented and maintained for the total acreage of the PC District, even though ownership may subsequently be transferred in whole or in part. It is the responsibility of the owner to notify all prospective purchasers of all or part of the property within the district of the existence of the PC District and the PC District Master Plans.
2. If any development unit has not received preliminary site plan approval or preliminary plat approval as stated in the approved development unit phasing schedule, the Planning and Development Department shall require the PC District Master Plans and PC District Legal Agreement to be amended to reflect current conditions, unless the Planning and Development Department (in consultation with other affected City departments) determines such amendments are not required.
Section 637. Planned Shopping Center (PSC) District.
The provisions of this Section shall apply only to land zoned PSC prior to the effective date of this ordinance (February 19, 2003).
The intent of this district is to provide for well designed retail shopping facilities in appropriate locations and, farther, that the district snail be laid out and developed as a unit according to an approved plan so that the purpose of the district may be accomplished.
A. District Regulations. Unless otherwise specifically provided in this Section, the following restrictions shall apply to this district:
1. All commercial uses shall be restricted to closed buildings except parking lots, plant nurseries, non-mechanized playgrounds for-children as an accessory use, and certain service station operations.
a. Accessory uses may be conducted out of doors subject to development review approval and subject to Section 637.B.5.
b. Only the normal pump island services shall be permitted as outdoor service station operations.
c. Drive-up or drive-thru facilities housing permitted uses are allowed in a free-standing or "kiosk" type service building of no more than two hundred fifty (250) square feet in size, subject to a use permit. If there are more than two (2) such faculties proposed for any one site, they may be required to be grouped for common access as a condition of the use permit approval.
2. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. No noise, odor or vibration shall be emitted so that it exceeds the general level of noise, odor or vibration emitted by uses outside the boundaries of the P.S.C. District. Such comparison shall be made at the boundary of the P.S.C. District.
3. No accessory use shall be permitted except as specified in this Section as a permitted or accessory use. No accessory use or uses may employ a use of floor space having a total in excess or ten percent (10%) of the floor space of the primary use. No accessory use shall operate at hours when the primary use is closed. An accessory use shall not include any manufacturing except custom handcrafting of wearing apparel or personal accessories for direct retail to the user.
4. Promotional events: Promotional events consisting of productions, displays or exhibits produced for the purpose of attracting persons to a shopping center shall be permitted. Such promotional events shall be permitted outside a closed building, mall or open inner court only when such area is dust free and when a promotional event permit has been issued therefore by the Planning and Development Department of the City of Phoenix. Such promotional event permit shall be issued only to a shopping center upon application by its authorized representative who shall attest that the promotional event will comply with the requirements of this Section and be in conformance with the application as approved.
a. General Provisions:
(1) No participation fee, entrance fee or contribution shall be requested or required of the public except that fees may be charged for amusement rides or facilities. No more than five (5) rides or amusement facilities shall be allowed, and no such ride or facility shall exceed fifteen (15) feet in height.
(2) No direct light or sound associated with such promotional event shall be visible or broadcast beyond the boundaries of the shopping center.
(3) The number of parking spaces available to the public shall not be reduced below the number required by Section 637.D.
(4) Promotional events shall not be conducted between the hours of 10 p.m. and 9 a.m.
(5) Circuses, carnivals and similar uses shall be prohibited under this Section.
(6) No food or beverages shall be sold within the space required or occupied by the promotional event.
b. Application for Permit. The application for a promotional event permit shall be filed with, and on a form provided by the Planning and Development Department.
c. Major and Minor Promotional Events. A promotional event which requires the use of a percentage of the parking area:
(1) In excess of two percent (2%) shall be a major event.
(2) Of two percent (2%) or less shall be a minor event.
For the purposes of this Section, the parking area shall be that area computed by multiplying the actual number of parking spaces by three hundred (300) square feet. Said parking spaces shall be in accordance with the provisions of Section 702.
d. The minimum distance from any residential district to the nearest point of the area used by the event shall be:
(1) Four hundred (400) feet for a major promotional event.
(2) Two hundred (200) feet for a minor promotional event.
e. The maximum permitted time of occupancy, including installation and removal, shall not exceed:
(1) Fifteen (15) days for a major promotional event.
(2) Five (5) days for a minor promotional event.
f. The number of promotional events in any shopping center in any calendar year shall be limited to:
(1) Six (6) for major promotional events.
(2) Twenty-four (24) for minor promotional events.
g. Promotional event fees are set forth in an ordinance, a copy of which is on file with the City Clerk and which is available in the Planning and Development Department.
Editor’s note—A copy of the ordinance setting forth zoning fees is located in Appendix A.
h. The provisions of this Section shall not apply to a one-man exhibition with no more than one (1) piece of equipment or exhibit such as, but not limited to, a horse, a truck, an automobile, a small merry-go-round with the provisions that the ride shall be not more than fifteen (15) feet in height.
i. Exceptions may be permitted for events not exceeding ten (10) days’ occupancy, including installation and removal, subject to use permit approval, for any or all of the promotional uses listed below:
(1) Such exceptions for which a use permit may be sought are:
(a) Events in excess of five (5) rides or amusement parks.
(b) Events with rides or amusement facilities exceeding fifteen (15) feet in height.
(c) Other events, including those for which admission fees may be charged.
(d) Events at which food or beverages may be sold.
(2) Such exceptions may be approved for a specified location on a single application for not more than four (4) events within one (1) calendar year.
(3) Such exceptions do not constitute a waiver of any license, inspection, permit or other requirements which are otherwise applicable to the event or use.
B. Permitted Uses. The following permitted uses may be located in any P.S.C. District: The following uses (excluding tenant improvements) shall be permitted when the specific location of such use is shown on an amended site plan, indicating conformance with the provisions of Section 507 Tab A and as approved under Section 637.D-F:
1. All residential district uses and general hospitals as licensed by the Arizona Department of Health Services are prohibited.
2. The maximum floor area for the total of all offices for professional or medical use, offices wherein administrative, clerical or sales services are rendered, and offices for banks, building and loan associations, brokerage houses, savings and loan associations, finance companies, title insurance companies and trust companies shall not exceed twenty-five percent (25%) of the tenant leasable area of the P.S.C. site. This standard shall apply to all centers except those located in primary village cores as designated in the General Plan.
3. All uses permitted in the C-1 District except those excluded in paragraph A. above.
4. In addition, the following uses shall be permitted:
Family game center (not to exceed 2,400 square feet of usable floor area)
Floor covering store, retail
Key shop
Leather goods shop, retail sales
Music store, retail sales (no instruction)
Reducing salon
Sound systems and equipment, retail sales and rental
5. Any of the following uses may be permitted as part of a shopping center development only when the specific location of such use is shown on the site plan approved as provided under Section 637.E.
a. Automobile parts and accessories, retail sales, including as an accessory use the installation of parts sold on the premises and light servicing which shall not include:
(1) Work on any vehicle over three-quarter (3/4) ton rated capacity.
(2) Engine or transmission overhaul or replacement.
(3) Body work, painting, air conditioning installation, radiator coring or replacement.
b. Automobile rental and leasing, provided that not more than six (6) automobiles may be stored out-of-doors.
c. Bars and cocktail lounges only when said establishment is not closer than 300 feet to any residence district. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed use is to be conducted closest to the residential district zoning line.
(1) Recorded music may be provided.
(2) Music and entertainment shall be permitted subject to the following regulations:
(a) The stage or performance area shall be a maximum of 80 square feet unless a use permit is obtained.
(b) The noise level, measured at any point on the received property, shall not exceed 55 dBa unless a use permit is obtained. An occurrence where the sound level increases up to 60 dBa for five continuous seconds or less shall not be deemed a violation of this section as long as there are no more than five occurrences within an hour long interval.
(c) Nothing in this section shall be construed to include an adult use.
(3) Patron dancing shall be permitted only upon securing a use permit.
(4) Outdoor dining, outdoor recreation uses, and outdoor alcoholic beverage consumption shall be permitted as accessory uses only upon securing a use permit.
(5) Outdoor food preparation and cooking shall be permitted as an accessory use subject to the following conditions:
(a) Securing a use permit.
(b) The regularly used cooking area inside the establishment shall be of equal or greater size than the outdoor cooking area.
(c) The outdoor cooking area shall be located within 50 feet of a building entrance from where the restaurant is operated. This distance shall be measured from the appliance in the outdoor cooking area closest to the building entrance from where the restaurant is operated.
(d) The outdoor cooking area shall be set back a minimum of 300 feet from a residential district. This distance shall be measured from the appliance in the outdoor cooking area closest to the residential district zoning line.
d. Bingo
e. Booksellers and rentals, except adult bookstores
f. Bowling alley
g. Car wash
i. Family game center (exceeding two thousand, four hundred (2,400) square feet of usable floor area).
j. Laboratory, clinical or research
k. Magazines, retail sales, except adult bookstores.
l. Non-mechanized playground for children as an accessory use.
m. Pool and billiard halls
n. Radio and television broadcasting studios, but not including outside towers or other devices used in transmitting and receiving.
o. School of cosmetology
p. Skating rinks, indoor
q. Theatre, indoor except adult theaters
6. Reserved.
C. Yard, Height and Area Requirements.
1. Building height in this district shall be measured as the vertical distance from the natural grade to the highest point of the wall or roof surface. Exclusions to building height limitations shall be as contained in Section 701.B. The maximum building height shall be twenty-five (25) feet for any structure seventy-five (75) feet from a residential district. Such height may be increased by one (1) foot for each additional three (3) feet from the residence district beyond seventy-five (75) feet to a maximum of fifty-six (56) feet. Except for centers located in primary village cores as designated in the General Plan, no structure shall contain more than two stories at a building height of twenty-five (25) feet or less and not more than four stories at a height between twenty-five (25) feet and fifty-six (56) feet.
2. All buildings on a site as shown on the site plan thereof, as provided in Paragraph E of this Section shall not cover an aggregate area of more than twenty-five percent (25%) of the area of such site. Exterior covered walkways which are not part of interior or enclosed malls, ramadas, and eave overhangs used for protection from the elements, but not used for commercial activity or parking shall not be included in computing the twenty-five percent (25%) coverage.
3. All buildings shall be located at a distance of not less than twenty-five (25) feet from any boundary of the P.S.C. zoning district on which the same are situated. No building shall be located at a distance of less than seventy-five (75) feet from the boundary of any residential district.
4. Where the boundary of a planned shopping district is contiguous to the boundary of any residential district, there shall be provided a belt of landscaping along the site boundary which shall be planted and maintained in accordance with the requirements of the site plan as provided in Section 637.E.
5. Uses permitted as outdoor uses shall be enclosed within a wall or fence of such material, construction and height so as to completely conceal from observation all operations conducted within such wall or fence, except that customer parking, service station operations and promotional events are excluded from this requirement. The requirements as to such wall or fence, supplemented by such landscaping as may be necessary to accomplish any of the purposes of this ordinance shall be specified by the Planning Commission as a part of its action on the site plan as provided in Section 637.E.
D. Automobile Parking Space. Automobile parking space shall be provided on site of any planned shopping center development as provided in Section 702.A.
E. Development Review Approval. A site plan approved in accordance with Section 507 of this ordinance is required for all uses.
F. Reserved.
Section 638. Regional Shopping Center (RSC) District.
The provisions of this section shall apply only to land zoned RSC prior to the effective date of this ordinance (February 19, 2003).
The intent of this district is to provide for major regional shopping facilities in those locations in the City deemed appropriate for such intense concentrations to serve large geographic areas while at the same time affording protection to nearby areas.
A. District Restrictions. Unless otherwise specifically provided in this section, the following restrictions shall apply to this district.
1. All properties within this district shall be contiguous and shall be totally developed under a unified plan.
2. All landscaping and other common facilities shall be provided and maintained by the shopping center.
3. All commercial uses shall be restricted to closed buildings except parking lots, plant nurseries, promotional events and the normal pump island services of service station operations.
4. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. No noise, odor or vibration shall be emitted so that it exceeds the general level of noise, odor or vibration emitted by uses outside the boundaries of this district. Such comparison shall be made at the boundary of this district.
5. No accessory use shall be permitted except as specified in this Section as a permitted or accessory use. No accessory use or uses may employ a use of floor space having a total in excess of ten percent (10%) of the floor space of the primary use. No accessory use shall operate at hours when the primary use is closed. An accessory use shall not include any manufacturing except custom handcrafting of wearing apparel or personal accessories for direct retail sale to the user.
6. No vehicles, which for purposes of this provision includes trailers, watercraft or other types of transportation that are built to carry passengers or cargo, can be sold or displayed for sale on-site unless: [a] permitted pursuant to Section 638.B., [b] being sold by a registered vehicle retail sales dealership, and [c] upon obtaining a special permit pursuant to Section 647.
7. A commercial property owner can display for sale vehicles, which for purposes of this provision includes trailers, watercraft or other types of transportation that are built to carry passengers or cargo, when the display is being done on behalf of or in conjunction with a registered vehicle retail sales dealership and a use permit has been obtained in compliance with Section 307. The actual sale of the vehicle displayed must be completed by the registered retail sales dealership at their vehicle sales dealership site.
B. Permitted Uses.
1. Same as C-2.
2. Promotional events as in P.S.C.
C. Yard, Height and Area Requirements.
1. There shall be a minimum area of one hundred ten (110) acres gross having a minimum frontage of two thousand (2,000) feet on streets having arterial street standards.
2. No building shall exceed a height of fifty-six (56) feet, excluding elevator shafts, mechanical units or other like uses, except as provided in C below. Buildings shall comply with the following setbacks:
a. Thirty-five (35) foot setback for a building not exceeding twenty (20) feet high.
b. Fifty (50) foot setback for a building in excess of twenty (20) feet high, but not exceeding fifty-six (56) feet.
c. Major regional retail shopping buildings may exceed fifty-six (56) feet in height provided such buildings be setback from the nearest dedicated street four (4) feet for each one (1) foot of height when located adjacent to a commercial or industrial zoning district and six (6) feet for each one (1) foot of height when located adjacent to a residential district, or a residential district and commercial and/or industrial district. In no event shall any such building exceed a height of four (4) stories not to exceed seventy (70) feet.
3. All the buildings on a site shall not cover more than forty percent (40%) of the area of such site.
4. Any garbage and/or trash containers not kept within a closed building shall be contained within enclosures constructed of masonry of such color and texture as to complement the architecture of the buildings. Such enclosures shall be of sufficient height and design to conceal the contents from view from a height of six (6) feet from any adjacent property line.
5. Outdoor plant nurseries shall be enclosed within a wall or fence of such material, construction and height as to complement the architecture of the building and conceal from observation all operations conducted within such wall or fence, and shall be located at a distance of not less than one hundred (100) feet from all property lines.
6. There shall be a landscaped area of at least ten (10) feet in width adjacent to all public street and canal rights-of-way. Where the side and/or rear property lines of an R.S.C. site are contiguous to a residential zoning district, or are separated there from only by an alley, there shall be a six (6) foot high solid masonry wall adjacent to the property line, plus a ten (10) foot wide landscaped area adjacent to the wall on the shopping center property. The landscaped area shall contain trees having at least three (3) inch caliper spaced no farther apart than twenty-five (25) feet. If landscaping is placed in the canal right-of-way adjacent to the development, the landscaped area may be reduced by an amount equal to the depth of the right-of-way landscaping.
D. Off-Street Parking.
1. Automobile parking shall be provided on the site of any RSC development as provided in Section 702
2. Reserved.
E. Development Review Approval. A site plan approved in accordance with Section 507 of this chapter is required for all uses.
Section 639. Parking P-1 District—Passenger Automobile Parking, Limited.
It is intended that the Parking P-1 District will provide necessary off-street parking in appropriate locations for nonresidential uses located near residential districts. It is further intended that the development of such P-1 districts be accomplished according to an approved plan so that such vehicle parking may be compatible with adjacent or nearby residential uses.
A. Permitted uses.
1. Surface parking lots for the off-street parking of passenger automobiles. This shall not be construed to mean an area for the storage of such vehicles.
2. Carports.
3. There shall be no accessory uses except trash dumpsters and trash enclosures.
4. Public utility buildings and facilities when necessary for serving the surrounding territory, provided that no public business offices are maintained therein. Repair and/or storage facilities, including outdoor, subject to a use permit.
B. Requirements.
1. All requirements of Section 702 shall be complied with when applicable.
2. A site plan approved in accordance with Section 507 of this ordinance is required for all uses.
Section 640. P-2 Parking.
It is the intent and purpose of this section to provide a district whereby off-street parking structures in a planned harmonious site may be provided, either above or below the surface of the ground, for private, public, customer, or commercial use.
A. Permitted uses.
1. All uses permitted in the P-1 district in which case all provisions of the P-1 district shall apply.
2. Private or public passenger automobile parking structures which may be constructed either above and/or below the surface of the ground.
3. Accessory uses of parking structures shall be limited to the dispensing of gasoline, oil, and related products for retail sale only and the rendering of automobile services limited to oil changes, lubrication, washing and polishing. Portions of the parking structure to be used for these accessory uses shall be delineated on the site plan required by this section.
4. Public utility buildings and facilities when necessary for serving the surrounding territory, provided that no public business offices are maintained therein. Repair and/or storage facilities, including outdoor, subject to a use permit.
B. Requirements.
1. There shall be a 15-foot maximum height for a structure within ten feet of a single-family zoned district, which height may be increased one-foot for each additional one-foot of building setback to the maximum permitted height.
2. No structure shall exceed a height of fifty-six (56) feet.
3. All requirements of Section 702 shall be complied with when applicable.
4. A site plan approved in accordance with Section 507 of this ordinance is required for all uses.
Section 641. Golf Course (GC) District.
A. Purpose and Intent. The purpose of the Golf Course District is to permit golf courses including accessory uses and activities that recognize the unique relationship such courses have within a community, allowing commercial recreational opportunities while providing a desirable open space amenity. The longterm viability of the use and continued compatibility with adjacent uses is encouraged through the provisions of this section.
B. Permitted Uses.
1. Golf course, public or private.
2. Accessory uses.
a. Clubhouse facilities which may include, but not be limited to a pro shop, administrative offices for the golf course, and a snack bar—indoor or outdoor and less than two thousand square feet in area.
b. Driving ranges: No lighting for nighttime use shall be permitted except as may be allowed in conjunction with a driving range approved in accordance with the special permit provisions of Section 504.1. All safety netting or screens located on the golf course, except as may be allowed in accordance with a special permit, shall be subject to use permit approval in accordance with Section 307.
c. Parking lots in compliance with the requirements set forth in Section 702.
d. Maintenance facilities: Outdoor storage of equipment and materials shall be limited to that necessary for golf course use only and shall be screened from adjacent residential zoning districts. Facilities or storage located within three hundred feet of a residential district shall be subject to use permit approval in accordance with Section 307. A use permit shall not be required when development of the golf course and maintenance facilities precedes adjacent residential development and when said residential development, along with the golf course and maintenance facilities, are part of a master planned development.
e. Restaurants (including outdoor dining) and bars that may include indoor/outdoor live music, entertainment, and dancing subject to use permit approval in accordance with Section 307
C. District Requirements.
1. Maximum building height shall not exceed two stories or thirty feet. Requests to exceed the height limit may be granted by the City Council for development up to four stories not to exceed fifty-six feet upon recommendation from the Planning Commission or the zoning hearing officer that such additional height is not detrimental to adjacent property or the public welfare in general.
2. Buildings and parking lots shall maintain minimum forty-foot setbacks from all perimeter lot lines.
3. Walls or fences shall not exceed six feet in height within the required building setback. Walls or fences shall be made of block and wrought iron or other material as approved by the Planning and Development Department such that a minimum fifty percent of the wall surface remains open unless a solid wall is deemed necessary by the Planning and Development Department for screening or safety purposes.
4. Maximum lot coverage shall not exceed five percent.
5. Signage shall be in accordance with the "nonresidential activity in a residential district" provisions of Section 705. No sign, display or other exterior indications of an accessory use shall be visible from a public thoroughfare or adjacent property.
6. Development review approval in accordance with Section 507 is required.
D. Property Previously Developed With Golf Course Use.
1. Property previously developed with golf course uses and not in conformance with the above use list or standards shall be considered to be conforming for purposes of future development which complies with applicable sections of this ordinance. Proposed alteration or expansion not in conformance with the above standards shall be made only in accordance with the provisions of chapter 9.
2. Property developed with golf course uses prior to May 1, 1996, and which had underlying residential zoning may upon request of the property owner seek to transfer density to residential lots or parcels which adjoin said golf course property, or to lots or parcels which together with the golf course are part of a master planned development, as approved by the City Council at the time of rezoning to this district in accordance with Section 506. Adjoining lots or parcels receiving density shall have the consent of the property owner(s) and shall be incorporated into the golf course application, being appropriately zoned or rezoned to receive the density.
Section 644. Airport Noise Impact Overlay (AIO) District.
A. Purpose. The Airport Noise Impact Overlay District is intended to promote well managed growth and to protect the health, safety and welfare of persons and residential property in noise impacted areas of Phoenix Sky Harbor International Airport (airport).
B. Applicability. The AIO District is generally bounded by the Southern Pacific Railroad on the north, University Drive on the south, 7th Street on the west, and 16th Street and 24th Street on the east.
The AIO applies to all new residential land uses established after the effective date of this Ordinance. The AIO District will not apply to those properties that have received preliminary site plan approval or a building permit prior to the effective date of this Ordinance.
C. Prohibited uses. Off-site constructed dwelling units are not permitted in the AIO District.
D. Special permit uses. Homeless shelters shall be subject to special permit approval in accordance with Section 504.1.
E. District restrictions.
1. Prior to issuance of a building permit for any new residential construction, a notice shall be recorded with the County Recorder’s Office that the property is within an Airport Impact Area and that the property, as a result of the improvements, is not eligible for the purchase through the Phoenix Sky Harbor International Airport Community Noise Reduction Program. The recorded document shall be in a form approved by the City Attorney’s Office. A copy of the recorded document shall be submitted with the application for building permit approval and the recorded document noted on the submitted site plan.
2. All new homes in the AIO District shall be subject to the design review process of Section 507 Tab A, ii., for single-family design review. The design review shall apply to all new homes regardless of lot width.
3. In addition to the provisions of Section 507 Tab A, ii., new one and two units per lot residential development shall be subject to the following provisions:
a. All driveways and parking spaces shall be hard surface.
b. Each dwelling unit shall have at least one covered parking space located in a garage or under a carport. The design of the covered parking shall be substantially similar with regard to texture, color and material to that of the housing.
c. The front yard open space of a two unit per lot development shall be landscaped and separated from the driveway and parking areas by a three foot wall, fence, or physical barrier.
d. Unless all Zoning Ordinance required parking is provided along an alley, a contiguous one-half of the area between the rear lot line and the setback line shall be landscaped and separated from the driveway and parking areas by a physical barrier such as a three foot wall or fence.
e. Where two detached units are placed on a single lot, a notice that the lots are not to be split without prior City approval shall be recorded with the County Recorders Office, in a form approved by the City of Phoenix Building Official, prior to issuance of building permits and the recorded document noted on the submitted site plan.
Section 646. Capitol Mall Overlay District.
A. Purpose and Intent. The Capitol Mall is a unique area with a variety of uses including the State Capitol, governmental offices, industrial and commercial businesses, and historic residences. Many of the activities are in close proximity with others such that compatibility of their activities is critical to their proper and orderly function. The purpose of this district is to prevent a concentration of certain uses which can restrict businesses and residences from functioning normally and contributes to the deterioration of the business and living environment, the downgrading of property values, and the diminishment of health, safety and general welfare conditions in the area.
The specific intent of the district is to:
1. Protect existing residential and nonresidential uses from negative impacts caused by a concentration of specified uses; and
2. Prohibit the addition of certain uses and restrict the addition of certain other uses which have negative impacts on the area.
B. Applicability. The Capitol Mall Overlay District applies to all land within the area generally bounded by the centerlines of Third Avenue, Harrison Street, and I-17, and Fillmore Street between Third Avenue and Ninth Avenue, Polk Street between Ninth Avenue and 19th Avenue, and the C-3 zoning line north of Van Buren between 19th Avenue and I-17. Land within the district shall be governed by the regulations set forth herein on and after the effective date of the ordinance adopting this section.
C. Authorized uses. Except as provided in Section 646.D, land in the CMO district may be used for all uses permitted in the base district in accordance with the standards and procedures established in this ordinance and the limitations of Section 646.F or Section 646.G. In such an instance where there is a conflict between the uses permitted in the base district and the provisions of Section 646.F and G, the more restrictive regulations shall apply.
D. Prohibited Uses. Land in the CMO district shall not be used for the following uses, whether principal or accessory, unless such use was established in conformance with the City’s regulations in effect immediately prior to the effective date of this section, or was a legally nonconforming use under the regulations in effect immediately prior to the effective date of this section.
1. Package liquor retail sales.
2. Pawnshops.
3. Blood banks and blood plasma centers, unless contained within a hospital with no direct public access except from within the hospital.
4. Unscreened charitable outdoor food serving.
E. Nonconforming Uses. Uses listed in Section 646.D which were established in conformance with the regulations in effect immediately prior to the effective date of this section may expand on the lot or parcel on which the use is located on the effective date of this section subject to the development standards of the base district or, if the use was legally nonconforming under the regulations in effect immediately prior to the effective date of this section, subject to the provisions of chapter 9
F. Special Permit Uses.
1. Land in the CMO district may be used for the following purposes, subject to the procedures and standards of Section 504.1 regarding special permits:
a. Day labor hiring and transportation centers.
b. A group home, boarding house or rooming house shall be a minimum of 1,500 feet from another such home.
d. Charitable dining halls and food serving areas in an enclosed structure or screened outdoor area. Unscreened outdoor charitable food serving shall not be permitted.
e. Missions, shelters and dormitories intended to provide temporary shelter.
2. Land which has underlying nonresidential zoning may be used for parking structures as primary or accessory uses subject to:
a. Obtaining a special permit in accordance with the provisions of Section 504.1; and
b. Satisfying the design guidelines and standards for parking in Section 643.J.6, the Downtown Core District, with the following exceptions:
(1) A use permit may be obtained in accordance with the provisions of Section 307 to eliminate the requirement that no more than fifty percent of a block face shall be devoted to parking at the ground level. Approval of the use permit will consider the importance of the block for pedestrian activity.
(2) A use permit may be obtained in accordance with the provisions of Section 307 to allow use of the entire ground level of a parking structure for parking for two years in locations which are important for pedestrian activity provided that the parking is screened from view by permanent materials (not including plywood) which complement the design of the parking structure and are in accord with other applicable design guidelines, including the allowable percentage of blank walls, in compliance with a plan approved by the Zoning Administrator. One time extension of the use permit may be granted for no more than two years. Neither the Zoning Administrator nor the Board of Adjustment shall have jurisdiction to vary these provisions.
G. Use Permit Uses.
1. Land in the CMO district may be used for the following purpose, subject to the procedures and standards of Section 307 regarding use permits and the additional standards listed in Section 646.G.2.
a. Bars and cocktail lounges.
2. When considering an application for a use permit for the uses listed in Section 646.G.1, the decision-making body shall consider, in addition to the standards listed in Section 307 regarding use permits, the extent to which the applicant has demonstrated that the proposed use will not result in an undue concentration of uses in the area that will adversely affect the viability of adjacent residential or existing nonresidential properties.
Section 647. Special Permit Uses.
The special permit procedure is intended to allow the location of certain uses while maintaining adequate protection to the surrounding area. These uses, which are necessary in urban development, do not usually conform with traditional use groupings.
A. Permitted uses. There shall be permitted, in addition to the uses enumerated in the several use districts, certain additional uses subject to the requirements of this section.
1. A special permit may be granted by the Council upon recommendation of the Commission to establish the following uses in all districts in which such use is not otherwise allowed.
a. Boarding house; provided, that not more than ten individuals shall occupy a single dwelling; further, no more than two individuals shall occupy each bedroom; and subject to the following conditions:
(1) Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee, as to compliance with the standards of this section as provided in Section 701.
(2) No boarding house shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another boarding house, group home, or community residence home or center within a residential zoning district.
b. Cemetery. A crematorium, columbarium, mausoleum and mortuary may be permitted as an accessory use provided there is no direct access from these accessory uses to a public street.
c. Country club, golf course, tennis club or other health or athletic club, provided, however, that this use shall not be construed to authorize a driving range, miniature golf course or similar use. "Country club," "golf course," "tennis club" or other "health" or "athletic club" as used in this section shall mean facilities serving the specified purpose and which are restricted to the use of paying members and their guests unless use by nonmembers is approved by City Council at the time of special permit approval or amendment.
(1) Accessory uses are subject to the following requirements:
(a) Development review approval in accordance with Section 507 of this ordinance.
(b) Compliance with parking requirements set forth in Section 702 of this ordinance.
(c) No individual accessory use shall contain more than two thousand square feet, except bars, restaurants, and meeting rooms.
(d) Bar facilities, restaurant facilities, and meeting room facilities shall not contain more than four thousand square feet per type of use.
The sum of the floor areas of all accessory uses (except restaurants, bars, and meeting rooms) shall not exceed twenty-five percent of the total building floor area of the facility.
(2) Identification signs are subject to the following:
(a) Except as specified in this section signage shall be in accordance with the underlying zoning district sign regulations.
(b) Ground sign height shall not exceed the underlying district regulations. Ground sign area is limited to twenty-four square feet, which shall not be counted against the identification sign area otherwise allowed. Ground signs shall be erected only on freeways, expressways, parkways, major or collector streets.
(c) No sign, display or other exterior indications of accessory uses shall be visible from a public thoroughfare or adjacent property.
d. Religious retreat facility.
e. Public stable or riding academy when located on a site of not less than ten acres, provided that every structure for the sheltering of animals shall be set back at least one hundred feet from every lot line.
f. Zoological or botanical garden.
g. Group home; provided, that not more than ten individuals shall occupy a single dwelling; further, no more than two individuals shall occupy each bedroom; and subject to the following conditions:
(1) Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee, as to compliance with the standards of this section as provided in Section 701.
(2) No group home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another group home, boarding house, or community residence home or center within a residential zoning district.
h. Stadiums, tracks for racing, amphitheaters, and other similar places of public assembly, including uses customarily associated therewith and appurtenant thereto, provided that the site:
(1) Contains a minimum of eighty acres; and
(2) Abuts an arterial street or freeway as shown on the street classification map of the City of Phoenix;
(3) And provided that every building be set back at least one hundred feet from the lot lines.
The above requirements as to site size and building setback may be varied by the Council where special circumstances exist as to topography, drainage, flood hazard, or peculiarity of the shape of the site and where such variance would not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or the public welfare in general.
Limited access to local or collector streets which serve residential districts may be allowed by the Council for reasons of safety and/or emergency.
City Council will determine the maximum height of principal building(s) or structure(s) which may be in excess of the maximum height allowed by the underlying zoning district where due to the unique nature of the use such height is warranted and where the additional height would not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general.
i. Rock quarrying, sand and gravel, and other mineral extraction, and necessary processing and storage ancillary to extraction, asphaltic and concrete mixing plants and storage ancillary thereto shall be subject to the following regulations:
(1) The applicant shall indicate a proposed re-use of the land upon expiration or abandonment of the special permit, said re-use to be in compliance with regulations of the zoning district in which located. Necessary recontouring of the site to accommodate such re-use shall be reflected on the site plan or on a separate sheet of the plan. The re-use plan shall indicate an anticipated phasing thereon.
(2) The following minimum standards shall be complied with:
(a) There shall be a minimum site size of five acres for any extractive operation.
(b) No building or structure other than conveyor belts or tubes shall be closer to a dwelling unit than five hundred feet.
(c) No part of any excavation shall be closer to the boundary of the site than fifty feet.
(d) All operations including excavation and processing and all interior drives and any roads connecting the site to the nearest collector or arterial street shall be maintained by the applicant so as to prevent dust emission beyond the boundaries of the site. Compliance with all federal, State and County air pollution standards and requirements shall constitute compliance with this section.
(e) That portion of the site actually being used for operations at any particular period shall be enclosed by a wall or fence at least six feet in height and constructed so as to prevent uninvited access to the operations of the site.
(3) The property owner shall be responsible for preparing the site for re-use upon expiration of the special permit. All structures for mixing plants, processing and other activities, and all stockpiles shall be removed from the site within one year from the date of expiration or abandonment. The excavated areas shall be prepared for re-use in accordance with the approved site plan. The site plan submitted together with the application for special permit may reflect alternative re-use possibilities. However, in such event, the Planning Commission and City Council shall have the right to review the site plan twelve months prior to the expiration of the special permit at which time the applicant will submit a revised site plan reflecting the actual re-use and ultimate disposition of the site upon expiration or abandonment. Intermittent operations shall be permitted and shall not be deemed an abandonment of the permit.
(4) A performance agreement, in a form and amount to be approved by the City Engineer, shall be filed with the City Engineer, prior to adoption of an ordinance for final approval of the special permit, which agreement shall cover the cost of restoring the premises in the manner shown on the site plan. The performance agreement and amount shall be determined in accordance with the phasing of the uses as reflected on the approved site plan and the applicant shall be required to submit said agreement and any bonds in connection therewith only for those portions of the operation actually commenced or physically undertaken. The amount may be reduced from time to time by the City Engineer when, in his opinion, the lower amount will be sufficient to cover the cost of restoring the premises.
(5) Nothing herein shall be construed to modify, restrict, or regulate sand and gravel extraction, processing and storage thereof or asphaltic and concrete mixing plants as permitted in other sections of the Phoenix Zoning Ordinance in the various zoning districts.
j. Mortuaries, provided that the use abuts an arterial street or freeway as shown on the street classification map.
k. Private clubs, lodges and community organizations qualifying by law as a nonprofit entity which may conduct activities open to the public and may have their facilities available to the public for functions not involving members, with access from an arterial or collector street as designated on the street classification map.
l. Outdoor barbecue and cookout areas, which may include outdoor food preparation and dining, service of alcoholic beverages, and outdoor entertainment, subject to the following conditions:
(1) Accessory uses may include the following and similar uses: horse rides, burro rides, hayrides, and stagecoach rides, patron dancing and performing arts; and outdoor shows and exhibits.
(2) Minimum site size shall be forty acres.
(3) Any part of the total special permit area not required for buildings, structures, loading and vehicular accessways, streets, parking and utility areas, pedestrian walks and hard-surfaced activity areas shall be native desert or landscaped with native or arid plant materials, trees, shrubs and may include other organic materials such as water and aggregate. All landscape areas and materials shall be maintained in a healthy, neat, clean condition.
(4) Parking areas and driveways shall be dustproofed in a manner acceptable to the City Zoning Administrator.
(5) Outdoor lights and parking areas shall be hooded and arranged to reflect light away from adjacent streets or property.
(6) All outdoor uses shall be set back a minimum of three hundred feet from the closest off-site property developed with residential units or vacant parcels zoned for residential use. A setback of fifty feet from properties used for governmental, park, or quasi-governmental uses or purposes shall be applied.
(7) Noise levels at the perimeter of the special permit area shall not exceed fifty-five dB(A). No music shall be played after 12:00 a.m.
(8) There shall be no permanent structures other than restrooms, sound enclosures, concrete pads at eating areas and ramadas provided that the lot coverage in the special permit area does not exceed ten percent.
(9) The site shall have access only to a major arterial, arterial, collector or minor collector street, as indicated on the street classification map of the City of Phoenix.
m. An Historic Preservation-Landmark (HP-L) open to the public. The application for the special permit shall include the following:
(1) Regular hours of visitation.
(2) A parking study specifying the required number of parking spaces. Off-site parking within a quarter of a mile specifically identified with the special permit application or with shuttle service may be used to meet the number of required parking spaces.
(3) A site plan including any accessory buildings, building additions or other infrastructure improvements used to accommodate visitors to the site.
(4) Types of outdoor activities or events with frequency and hours. Mobile vending shall not be permitted.
(5) Accessory uses such as but not limited to a gift shop or on site sales of food and beverages.
(6) A signage plan, including any proposed lighting.
2. A special permit may be granted by the Council upon recommendation of the Commission to establish the following uses in the use districts named:
a. Airport or aircraft landing strip for public or private use when located in any industrial or S-1 or S-2 district.
b. Drive-in theater in the R-5, S-1, S-2, PSC, C-1 and C-2 districts when located upon a site of not less than ten acres which adjoins an arterial street or highway, as shown on the street classification map.
c. Helistop or heliport for public or private use when located in any commercial, industrial, or any high-rise, residential district. These regulations are designed to find appropriate locations for helistops or heliports which are consistent with safety, noise, and the directions of approach and departure paths resulting in minimum adverse impact to residential uses. Special permits for helistops and heliports granted prior to April 1, 1982, shall continue in effect for the period of time specified in the ordinances granting the special permits, and may be renewed as provided in Section 647.A.2.c(4) upon a finding by the Zoning Administrator or Board of Adjustment that the helistop or heliport operator has complied with all the terms and conditions of the ordinance granting the special permit. Helistops and heliports are subject to the special procedure requirements of Section 504.1.B.2.a. The applicant for the special permits will be required to comply with additional stipulations or any study related to the following standards:
(1) Frequency of use. The hours of operation and number of takeoffs and landings may be stipulated to make operation compatible with surrounding land use activities, exclusive of emergencies.
(2) Fire protection. All helistops or heliports shall comply with provisions acceptable to the Phoenix Fire Department.
(3) Site plan requirements. Development review will be based on analysis of general conformance with FAA advisory circular AC 150/5390-1B, "Heliport Design Guideline," issued August 22, 1977.
(4) Maximum length of a special permit issued for a helistop or heliport is ten years.
(5) Noise impact. A helicopter sitting on the touchdown pad of a helistop or heliport shall emit a maximum noise level of no greater than ninety dB(A) at the boundaries of the lot or parcel containing the nearest residential use, excluding high-rise residential developments which have special permits for helistops and hotels and motels. Noise will be measured with an IEC (International Electrotechnical Commission) or ANSI S1.4.-1971 (American National Standards Institute) Type I sound level meter with A-weighted impulse response.
d. Historical society, historical museum and research library, not for profit, in the R-3, R-4 and R-5 districts, except that incidental sale of printed material may be permitted.
e. Automobile retail sales, rental for more than 15 cars, and leasing, and household moving centers in C-2. The following special provisions shall be complied with:
(1) Body repair and painting done on the lot shall be confined to a closed building.
(2) The area used for parking, display, storage or circulation shall be dust-free.
(3) Lots shall be properly enclosed with a wall, fence, hedge, plantings, or combinations thereof having a minimum height of ten inches above the grade at which the cars are to be displayed unless a hedge, planting or combinations thereof are approved in lieu of the ten-inch wall and/or the lot is depressed below the elevation of adjacent lots in which case appropriate landscaping may be approved.
(4) Any artificial light used for such lot or area shall be so arranged as to reflect light away from the adjoining premises, lot and/or streets and shall be so located as not to be a nuisance to adjacent property and streets.
f. Travel trailer, camper, and/or mobile home sales in C-2 to include but not be limited to the following:
Same as 647.A.2.e(1), (2), (3), and (4) above.
g. Recreational vehicle parks when located in a C-1, C-2 or C-3 district subject to the following regulations:
(1) General requirements. The following general requirements shall be complied with to assure that special needs of recreational vehicles will be met, and that recreational vehicle parks will be harmonious additions to the community.
(a) The density of spaces in any recreational vehicle park shall not exceed twenty spaces per gross acre.
(b) Sites with irregular terrain such as washes, ridges and outcropping of rock, or having a natural grade over six percent shall not be developed for recreational vehicle use.
(c) Recreational vehicle parks shall abut, and access shall be from a freeway or major street as designated on the street classification map.
(d) Water, sewers, electricity, telephones and other necessary utilities shall be available at the site, or an appropriate performance agreement, in an approved form and a cost amount to be approved by the City Engineer, shall be filed with the City Engineer prior to final development review approval to guarantee the installation of such utilities.
(e) All structures, improvements and recreational vehicle spaces are to be built with the least possible disturbance of the land. Desirable natural features and vegetation of the site shall be preserved and incorporated into the site plan.
(f) Private accessways shall be designed to reduce monotony, increase privacy, and provide safety.
(2) Development standards. In addition to the general provisions, the following development standards shall be complied with to assure that layout, design and landscaping features of recreational vehicle parks produce an attractive environment.
(a) There shall be fourteen feet of open space between recreational vehicles.
(b) There shall be at least forty feet between recreational vehicles on opposite sides of a private accessway.
(c) No recreational vehicle shall be closer than eight feet to any private accessway.
(d) No structure shall exceed two stories or thirty feet in height.
(e) All areas not covered by structures or paved shall be landscaped and maintained in accordance with the site plans required under Section 504.1 of this ordinance.
(f) Screening the perimeter of a recreational vehicle park by a wall or other approved material may be required. All sides of a recreational vehicle park which are adjacent to a residential zone district shall have an approved landscaped area at least ten feet in width between such property line and any required wall.
(g) Private accessways and individual space arrangements shall be designed to accommodate the frequent movement of recreational vehicles.
(h) Private accessways and parking spaces shall be paved in accordance with City of Phoenix standards and specifications.
(i) There shall be a recreational area for guests, comprising four percent of the gross site area, which area shall not include required setback areas or similar areas not usable for recreation activities.
(j) There shall be a community building or buildings which shall provide for the recreational and service needs of occupants of the recreational vehicle park. It shall include restrooms and a laundry with a screened clothes drying yard. The community building or buildings may be included as part of the required recreational area.
(k) Refuse collection shall be approved by the City Sanitation Director.
(l) Street lighting shall be provided to illuminate interior roadways and walkways for the safe movement of vehicles and pedestrians at night.
(m) All utilities and the wires of any central television or radio antenna system shall be underground.
(n) Fire protection facilities shall be provided in accordance with requirements of the Fire Department and Water Department.
(o) A means for emptying sewage holding tanks must be provided and approved by the Maricopa County Health Department.
(p) Recreational vehicle parks shall be subject to the requirements of the Sanitary Code of the Maricopa County Health Department unless such requirements are less restrictive than the requirements of any other applicable ordinance of the City, in which event the requirements of those ordinances shall prevail.
(q) Expansion or modification of existing recreational vehicle parks shall be in accordance with the provisions of this ordinance. The Board of Adjustment shall not have authority to vary these provisions.
h. Hospital in the R-5 District. The following shall be permitted as an accessory use to a hospital:
(1) Recreational vehicle for persons visiting hospital patients. Recreational vehicle parking stalls shall be located no less than 60 feet from the hospital perimeter boundary, and be delineated on a site plan. Recreational vehicle parking areas are subject to an approved parking plan for new facilities, or an amended parking plan for existing facilities.
(2) Helistop subject to the following regulations and conditions:
(a) The hospital shall be licensed by the State of Arizona either as a "general hospital" or as a "specialty hospital—children’s," and for a minimum of 50 beds.
(b) A letter from the Phoenix Aviation Department that articulates concurrence that the following items have been addressed:
(i) Compliance with the Federal Aviation Administration Advisory Circular No. 150/5390-2C "Helistop and Heliport Design," or subsequent revisions to this advisory circular.
(ii) Submission of the "Notice of Landing Area Proposal" Federal Aviation Form 7480-1 and a letter of determination with no objection from the FAA.
(c) A helicopter sitting on the touchdown pad of a helistop or heliport shall emit a maximum noise level of no greater than 90 dB(A) at the boundaries of the lot or parcel containing the nearest residential use. Noise will be measured with an IEC (International Electrotechnical Commission) or ANSI S1.4-1971 (American National Standards Institute) Type 1 sound level meter with A-weighted impulse response.
i. Self-service storage warehouse in the C-2 District subject to the following regulations:
(1) All storage shall be within a closed building except that within the grounds of a self-service storage warehouse where trailers and motor vehicles may be placed in outdoor storage areas which are separate from view from adjacent streets and property by walls, fences or landscaping. Outdoor storage areas shall not exceed ten percent of the gross site area and shall not count toward meeting parking requirements.
(2) No auctions, sales, service or repair activities or anything other than dead storage and the rental and supervision of storage units and such additional uses permitted in the C-2 district that are specified through special permit approval shall be conducted on the premises.
(3) There shall be no storage [or] use of hazardous or dangerous materials on the premises.
(4) The premises shall abut or have direct access to a freeway or arterial street, as designated on the street classification map.
(5) Screening the perimeter of the premises of a self-service storage warehouse may be required. All parts of the perimeter which are adjacent to a residential zone shall be screened by a fence or wall with a landscaped area at least ten feet wide, additional setback and the reorientation of buildings may be required to ensure compatibility with surrounding properties.
(6) A self-storage warehouse may be combined with a household moving center.
j. Private clubs, lodges and community organizations qualifying by law as a nonprofit entity which may conduct activities open to the public and may have their facilities available to the public for functions not involving members, with access from an arterial or collector street as designated on the street classification map in any residential district.
k. Bus line depots with repair and light maintenance, including washing facilities when in the C-2, C-3 and Downtown Core districts.
l. Mechanical and/or biological decomposition of garbage and refuse in the industrial district.
m. Hide and tallow, rawhide and skins treatment, tallow rendering, dead stock collectors, fat rendering, stockyards and livestock slaughtering in the industrial district.
n. Recycling center in the C-3 district, subject to the following limitations:
(1) Processing may include only sorting and baling of recyclable consumer materials and shall not include shredding of automobile metal or other uses of similar intensity.
(2) All loose materials shall be stored within an enclosed container or building.
(3) The use shall be operated so as not to emit matter causing unpleasant odors that are perceptible by the average person at or beyond any lot line of the lot containing the use.
(4) If the permitted use is for a location where processing as defined will be in an open environment and not in an enclosed container.
(a) The use shall be located no closer than seventy-five feet to a public street.
(b) The use shall be located no closer than one hundred fifty feet to a residential zoning district.
(c) The use shall be screened by a six-foot-high solid masonry wall.
(d) Any storage shall be no higher than six feet plus one foot in height for every additional three feet of setback from a property line.
(5) No bay door shall face a residential zoning district if the use is located within one hundred fifty feet of such a district.
(6) The average noise level, measured at the property line, shall not exceed fifty-five dB (ldn) or ambient noise level in the immediate area whichever is greater when measured on an "A weighted" sound level meter.
(7) Other restrictions regarding hours of operation and outdoor activities as the hearing body shall deem appropriate.
o. Nursing home in the R-3, R-3A and R-4 districts. The site shall be subject to the following:
(1) A maximum lot coverage of 25 percent.
(2) A minimum of 100 square feet of usable outdoor open space per bed shall be provided.
(3) The lot shall only have vehicular access from an arterial or collector street.
p. Hospice in the R-3, R-3A, and R-4 districts.
q. Open land uses in the S-1 district not otherwise specifically permitted and subject to the following regulations:
This provision is intended to allow on a temporary basis open land uses established while under County jurisdiction that are consistent with or similar to rural farm activities yet demonstrate a longterm incompatibility with future urban land uses and zoning for the area. Approval of a special permit shall be subject to the following limitations.
(1) The use(s) shall continue in a manner that is compatible to adjoining land uses or shall be made compatible through site improvements such as dustproofing or screening.
(2) The extent of site improvements should not encourage the prolongation of the use(s) and should allow reuse of the site upon expiration of the special permit in a manner consistent with uses permitted in the S-1 district.
(3) The use(s) shall have commenced not less than six months prior to annexation and have been in continuous operation up to the time of annexation.
(4) The application for a special permit shall include only the use(s) established prior to annexation together with any use(s) permitted within the S-1 district.
(5) A time limit shall be established upon approval of the special permit. In no event shall the time limit of the special permit together with any subsequent time extension as provided in Section 504.1.C.6.a exceed a period of ten years from the date of annexation. Neither the Zoning Administrator nor Board of Adjustment shall have jurisdiction to vary the terms of this provision.
(6) An application for a special permit may include a request to expand by not more than twenty percent of the lot area occupied by the open land use at the time of annexation if demonstrated that the expansion will not adversely impact adjoining land uses. This provision shall not be construed to permit expansion beyond the confines of the lot or parcel of land upon which the open use was located at the time of annexation.
(7) Upon expiration of the time limit established by the special permit the open land use shall cease operation and be removed. The Planning Commission shall initiate an application to withdraw the special permit in accordance with the amendment procedures set forth in Section 506 of this ordinance.
r. Conversion of apartment units to hotel or motel units in the R-5 and C-1 districts. The hotel or motel may include restaurants with recorded music or one musician, cocktail lounges with recorded music or one musician, newsstand, gift shop and other services customarily accessory thereto. The entrance to said accessory uses shall be from within the exterior walls of the building only; no sign or display for the accessory uses shall be located so as to be visible from a public thoroughfare or adjacent property.
s. Conversion of apartment units to hotel or motel units in the C-2, RSC and C-3 districts.
t. Day labor hiring and transportation centers in the C-3 district.
u. Blood banks and blood plasma centers as a primary use of a property in the C-2, C-3, PSC, RSC, A-1 and A-2 (with a minimum spacing of nine hundred feet between the lot or parcel on which the use is located and any residentially zoned property; preschool, kindergarten, elementary or secondary school; or place of worship) districts.
v. Massage establishments as a primary use in the C-2, C-3, and RSC districts.
w. Religious missions, including charity dining halls, in the C-3 district.
x. Salvation Army welfare activities in the C-2, C-3, and RSC districts.
y. Bed and breakfast establishment in the single-family residential zoning districts (S-1, S-2 and RE-43 through R-2). This section is intended to permit use of existing structures in residential areas as bed and breakfast establishments to help preserve structures and the character of an area and to permit new construction to help preserve the character of an area which, because of its location on arterial streets or other environmental factors, is susceptible to pressures for nonresidential uses. A bed and breakfast establishment shall be permitted only if the following conditions are satisfied:
(1) The bed and breakfast establishment shall under no circumstances exceed three guestrooms on a local street, four guestrooms on a collector or minor collector street, or five rooms on an arterial or major arterial street. Neither the Zoning Administrator nor the Board of Adjustment shall have authority to vary this provision.
(2) The bed and breakfast establishment shall be owner-occupied as a principal residence.
(3) Separate cooking facilities for guestrooms shall be prohibited.
(4) The bed and breakfast establishment shall be subject to development review approval under Section 507. All development on the site shall comply with the district regulations of the zoning district and shall maintain the character of the neighborhood, historic preservation district and/or special planning district in which it is located as approved by the Planning and Development Department through the development review process. Under no circumstances shall the bed and breakfast establishment exceed the height of the primary structures on adjacent residentially developed lots.
(5) Guest stays shall be a minimum of one night and shall not exceed thirty-one consecutive nights in any ninety-day period. The owner of the bed and breakfast establishment shall maintain a reservation book or registration log. The book or log shall show the arrival and departure dates of all guests and shall be open for inspection by a zoning enforcement officer.
(6) One off-street parking space for each guestroom shall be provided in addition to the required parking for the principal residence. The parking shall be screened from view of adjacent rights-of-way and properties by a landscape hedge or a solid fence or wall in a manner that is compatible with adjacent residences.
(7) No signage shall be permitted.
(8) The bed and breakfast establishment shall comply with applicable health and safety standards.
(9) The only full meal served to registered guests shall be breakfast. Meal service shall be to registered guests only.
(10) Guests shall not park commercial vehicles or recreational vehicles at the bed and breakfast establishment. This standard shall not apply to rental passenger cars or to pickup trucks or sport utility vehicles typically used for single-family transport.
(11) Bed and breakfast establishments shall comply with Section 18-4.B of the Phoenix City Code prohibiting discrimination in public accommodations.
(12) At the end of the initial year of approval, the Planning Hearing Officer shall review the use for compliance with these standards and any stipulations and whether the special permit should continue. The Planning Hearing Officer shall also set the time for another review within the following five years.
(13) When located in an existing structure, the bed and breakfast establishment shall maintain the character of that structure. All applications for a bed and breakfast special permit in an existing structure shall include a floor plan of the structure to demonstrate that it will not be altered in a manner which would prevent its future conversion back to its original use.
z. Bed and breakfast establishment in the multiple-family zoning districts (R-3 through R-4A). This section is intended to permit use of existing structures in residential areas as bed and breakfast establishments to help preserve structures and the character of an area and to permit new construction to help preserve the character of an area which, because of its location on arterial streets or other environmental factors, is susceptible to pressures for nonresidential uses. A bed and breakfast establishment shall be permitted only if the following conditions are satisfied:
(1) The bed and breakfast establishment shall under no circumstances exceed seven guestrooms and shall provide sleeping accommodations for no more than fourteen guests. The bed and breakfast establishment shall not exceed the density allowed on-site by the zoning district’s regulations. Neither the Zoning Administrator nor the Board of Adjustment shall have authority to vary this provision.
(2) The bed and breakfast establishment shall be owner-occupied as a principal residence.
(3) Separate cooking facilities for guestrooms shall not be permitted.
(4) The bed and breakfast establishment shall be subject to development review approval under Section 507. All development on the site shall comply with the district regulations of the zoning district and shall maintain the character of the neighborhood, historic preservation district and/or special planning district in which it is located as approved by the Planning and Development Department through the development review process. Under no circumstances shall the bed and breakfast establishment exceed the height of the primary structures on adjacent residentially developed lots.
(5) Guest stays shall be a minimum of one night and shall not exceed thirty-one consecutive nights in any ninety-day period. The owner of the bed and breakfast establishment shall maintain a reservation book or registration log. The book or log shall show the arrival and departure dates of all guests and shall be open for inspection by a zoning enforcement officer.
(6) One off-street parking space for each guestroom shall be provided in addition to the required parking for the principal residence. The parking shall be screened from view of adjacent rights-of-way and properties by a landscape hedge or a solid fence or wall in a manner that is compatible with adjacent residences.
(7) No signage shall be permitted.
(8) The bed and breakfast establishment shall comply with applicable health and safety standards.
(9) The only full meal served to registered guests shall be breakfast. Meal service shall be to registered guests only.
(10) Guests shall not park commercial vehicles or recreational vehicles at the bed and breakfast establishment. This standard shall not apply to rental passenger cars or to pickup trucks or sport utility vehicles typically used for single-family transport.
(11) Bed and breakfast establishments shall comply with Section 18-4.B of the Phoenix City Code prohibiting discrimination in public accommodations.
(12) At the end of the initial year of approval, the Planning Hearing Officer shall review the use for compliance with these standards and any stipulations and whether the special permit should continue. The Planning Hearing Officer shall also set the time for another review within the following five years.
(13) When located in an existing structure, the bed and breakfast establishment shall maintain the character of that structure. All applications for a bed and breakfast special permit in an existing structure shall include a floor plan of the structure to demonstrate that it will not be altered in a manner which would prevent its future conversion back to its original use.
aa. Minimum security private detention facility which houses individuals whose most serious conviction is of a driving while intoxicated offense and which has contracted with the Arizona Department of Corrections, Maricopa County, or the City of Phoenix, in the A-1 and A-2 districts.
bb. Correctional transitional housing facility in the Commerce Park/General Commerce Park, C-3 General Commercial, A-1 Light Industrial, and A-2 Industrial districts. Approval of a special permit shall be subject to the following limitations:
(a) No such facility shall be located on a lot with a property line within five thousand two hundred eighty feet, measured in a straight line in any direction, of the lot line of another such correctional transitional housing facility.
(b) Such facility shall not contain more than fifty beds, not including staff.
(c) No such facility shall be located on a lot with a property line within five hundred feet, measured in a straight line in any direction, of the lot line of a residential zoning district, place of worship, or preschool, kindergarten, elementary or secondary school.
(d) When adjacent zoning is C-3, A-1, or A-2, required setbacks shall apply. The setbacks shall meet the minimum residential landscape and setback standards in a commercial district.
(e) Such home shall be registered with, and administratively approved by, the Zoning Administrator as to compliance with the standards of this section as provided in Section 701.
Notwithstanding the foregoing, a correctional transitional housing facility shall not house any person whose tenancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. No individual may reside in the facility who has been convicted of committing a violent crime against another person.
cc. Automobile, body fender, and paint shops located in Commerce Park/General Commerce Park (CP/GCP) District, subject to the following conditions:
(1) The site plan required for the special permit use shall identify specific areas for the orderly arrangement of all operations, products, materials, equipment, and storage on the site.
(2) In addition to required setbacks, all operations and storage shall maintain a ten-foot landscape setback along all interior lot lines not on a street, unless adjacent to another use permitted by this section.
(3) Open uses and storage areas shall be screened by a minimum six-foot high solid masonry wall. Additional wall height may be required as a condition of approval of the special permit. View fencing may be considered instead of a solid masonry wall adjacent to plant nursery materials that provide equivalent screening.
(4) Any material and/or product display bins shall be no higher than the height of the screen wall.
(5) A perimeter landscaping plan shall be approved by the Planning and Development Department.
dd. Uses prohibited by TOD-1 and TOD-2 when located in a TOD District after January 1, 2014.
Review of the special permit should include an evaluation of market conditions for the Transit-Oriented Development uses as defined in TOD-1 and TOD-2 Districts.
ee. Uses prohibited by TOD-1 and TOD-2 to be located on adjacent property not owned or leased prior to January 1, 2014.
Review of the special permit should include both an evaluation of market conditions for Transit-Oriented Development uses as defined in TOD-1 and TOD-2 districts and the importance of the site to the applicant’s business operation and proposed level of investment. As part of an approval, the Planning Commission/City Council may consider a limited time frame recognizing current market conditions and their potential for change and proposed level of development.
ff. Solid waste transfer station in the A-1 and A-2 Districts.
gg. Automobile body shops in the C-2 Zoning District; this provision only applies to dealerships which sell new or new and used vehicles, subject to compliance with the following conditions:
(1) The use shall have access limited directly to a major arterial, arterial or collector street;
(2) Buildings shall not be located any closer than 200 feet to an existing or zoned single-family residential use;
(3) A site plan shall be required which identifies the specific areas designated for all proposed operations, products, materials, equipment, and storage on the site;
(4) Service bays and parking areas for automobiles needing repair or painting shall be located so that they are not visible from adjacent street frontages;
(5) Maintain a minimum twenty-five foot (25') landscaped setback along property lines parallel to all perimeter streets. Plant materials located in setback parallel to perimeter streets shall be of the type and scale listed in Section 623.E.4.e. under "plant type." No landscaping shall be required on the areas interior of perimeter fencing not visible from the perimeter streets;
(6) All operations and storage shall maintain a minimum five-foot (5') landscaped setback along interior lot lines;
(7) Open uses and storage areas shall be screened by an eight-foot (8') high solid masonry wall unless otherwise approved at time of rezoning. Additional wall height may be required as a condition of the special permit approval;
(8) No material and/or product display bins located outside of buildings shall be higher than the height of the screen wall;
(9) The provisions contained in Section 623.E.4.f. regarding setbacks shall not apply to this use;
(10) All lighting shall be located and shielded to mitigate light spillage at the property lines;
(11) No sound amplification system shall be utilized on site and noise shall not exceed 55 db average in 24 hours at any property line;
(12) No vehicle sales shall be conducted from the site;
(13) No vehicle deliveries are permitted on any day between the hours of 8:00 p.m. and 7:00 a.m.
hh. Automobile inventory storage lots, in the C-2 Zoning District; this provision only applies to dealerships which sell new or new and used vehicles, subject to compliance with the following conditions:
(1) The storage lot shall have access only from a major arterial, arterial or collector street;
(2) Buildings on the storage lot shall not be located any closer than 100 feet to an existing or zoned single-family residential use;
(3) The site plan shall identify the number, size and arrangement of all inventory parking spaces on the site;
(4) No on-site customer sales or viewing activities are permitted;
(5) All inventory storage shall be screened on all sides by an eight foot (8') high solid masonry wall unless otherwise approved at time of rezoning. Decorative masonry walls are required when adjacent to residential uses. Gates screening access to the site shall be solid and remain closed when deliveries are not being made. Additional wall height may be permitted at the time of site plan approval;
(6) Maintain a minimum twenty-five foot (25') landscaped setback along property lines parallel to all perimeter streets. Plant materials located in setback parallel to perimeter streets shall be of the type and scale listed in Section 623.E.4.e. under "plant type";
(7) All lighting shall be located and shielded to mitigate light spillage at the property lines;
(8) No sound amplification system shall be utilized on site;
(9) Parking on-site of automobile delivery trucks shall not be for a period exceeding 24 hours;
(10) No vehicle deliveries are permitted on any day between the hours of 8:00 p.m. and 7:00 a.m.;
(11) Any accessory uses to the inventory lot and their location must be approved at the time of the special permit approval;
(12) Off loading of vehicles shall only occur on site;
(13) Signage shall be limited to directional and security signs only.
ii. Golf and baseball driving ranges in C-1 and C-2.
jj. Temporary environmental remediation facilities in any residential districts where not otherwise permitted and in all districts where permitted and the standards of that district be exceeded as part of the remediation process.
kk. Data centers in the C-2, C-3, CP/GCP, A-1 and A-2 Zoning Districts, subject to the following requirements. The applicant for the special permit will be required to comply with additional stipulations or study requirements to address health and safety concerns, which may include but are not limited to fire protection, water consumption, power consumption, on-site energy generation, noise, and hazardous materials, and to mitigate adverse impact to existing uses. Failure to comply with these requirements may be grounds for revocation per Section 504.1.C.6.b.
(1) The development shall be no closer than 2,640 feet from an approved high-capacity transit station.
(2) Preliminary site plan approval will not be granted for a data center until such time that a local utility company provides a contractual agreement that affirms its capacity and commitment to serve the energy demand for the proposed data center. The agreement from the utility company shall be submitted to PDD concurrent with the preliminary site plan.
(3) The following shall apply:
(a) Preliminary site plan approval for a data center shall not be granted unless it has been demonstrated that the data center, including all on-site mechanical equipment and facilities, will not exceed a sound level of 55 dB(A) when measured at the property line of the nearest residentially zoned property to the proposed data center property between the hours of 7:00 a.m. and 10:00 p.m. and 45 dB(A) between the hours of 10:00 p.m. and 7:00 a.m. or a specific noise standard may be stipulated as a condition of an approved special permit.
(b) Upon approval of the noise study, the methods proposed to mitigate noise shall be stipulated as a condition of final site plan approval. A final certificate of occupancy shall not be issued if the noise levels exceed a sound level of 55 dB(A) when measured at the property line of the nearest residentially zoned property to the proposed data center property between the hours of 7:00 a.m. and 10:00 p.m. or 45 dB(A) between the hours of 10:00 p.m. and 7:00 a.m. or the specific noise standard stipulated as a condition of the approved special permit.
(4) These regulations and the design guidelines set forth in Section 507 Tab A.II.D.5, Data Centers, are not applicable to data centers which have received preliminary site plan approval; or a data center use that is specifically listed as a permitted use or specifically discussed in a Council-adopted planned unit development narrative prior to August 2, 2025. Otherwise, the development is subject to these regulations and all applicable design guidelines set forth in Section 507 Tab A, including those for Section 507 Tab A.II.D.5, Data Centers.
Section 648. Uses Not Permitted Within Corporate Limits.
A. Prohibited Uses. Regardless of the interpretation of the above uses, the following uses are, unless specifically authorized by the City Council, specifically prohibited in the City of Phoenix:
1. Coking ovens.
2. Division 1.1, Division 1.2, Division 1.3, Division 1.4, Division 1.4S, Division 1.5, and Division 1.6 explosives, including detonators and detonating cord, and blasting agents, fireworks, black powder and ammunition plants (manufacturing and permanent storage). This section does not preclude limited storage of black powder, smokeless powder, and special industrial explosive devices classified as Division 1.4S explosive materials which are regulated by the Fire Code.
3. Manufacture of sulphuric acid, phosphoric acid, phosphates, coal tar products and any other primary chemicals.
4. Incineration and/or reduction of garbage, sewage, offal and dead animals, except a mechanical process for the biological decomposition of garbage.
5. Match factories.
6. Oil refineries.
7. Smelters and reduction of metals from their ores by heat.
8. Steel plants including rolling mills, sheets and plate mills, wire and tube mills.
9. Thermal treatment of contaminated soil or debris or storage of contaminated soil brought from off-site, not including air pollution control or environmental remediation facilities.
10. Prison, excluding any prison existing as a conforming or nonconforming use prior to the adoption of this amendment. Any prison existing prior to the adoption of this amendment shall be permitted to house any inmates who have not been convicted of committing a serious offense, as defined by A.R.S. § 13-604, paragraph V, subparagraph 3, or a dangerous crime against children, as defined by A.R.S. § 13-604.01, paragraph L, subparagraph 1, as may be amended.
11. All facilities where compensation is exchanged for the purpose of treating, storing, or disposing of hazardous waste that was not generated on-site are prohibited from:
a. Treating or disposing of hazardous waste in a landfill, land treatment facility, container, pile, miscellaneous unit, surface impoundment, tank, cesspool, septic tank or injection well;
b. Treating or processing solid waste that contains:
(1) More than fifty parts per million of polychlorinated biphenyls;
(2) Materials classified as explosives or munitions by either the U.S. Department of Transportation or the U.S. Environmental Protection Agency;
(3) Substances that are unstable or have become unstable as a result of chemical reactions;
(4) Mixed radioactive hazardous wastes;
c. Thermally treating hazardous waste, which shall not be construed to include air pollution control devices ancillary to other waste treatment or disposal operations;
d. Combusting hazardous waste as fuel in a boiler or industrial furnace;
e. Storing hazardous waste on-site for more than ten days in aircraft, watercraft, motor vehicles, trailers, shipping containers, or rail cars; and
f. Treating or disposing of hazardous waste outside of an enclosed building.
This subsection does not prohibit remedial actions or corrective actions that have been approved by the Arizona Department of Environmental Quality or the U.S. Environmental Protection Agency pursuant to A.R.S. tit. 49, ch. 2, art. 5; A.R.S. tit. 49, ch. 5; A.R.S. tit. 49, ch. 6; or 42 United States Code Sections 6921 to 6991i, and Sections 9601 to 9675. This subsection shall not be construed to apply to solid waste facilities defined in A.R.S. § 49-701.
B. Authorization With Stipulations. Authorization by City Council of any of the otherwise prohibited uses listed in paragraph A above may be conditioned upon compliance with stipulations controlling, regulating, restricting, or prohibiting the production or emission of odors, dust, gas, noise, vibration, smoke, heat or glare, hazardous substances, and such authorization may include other stipulations calculated to assure compatibility of the authorized use with adjacent property, the neighborhood and the public welfare in general. In order to assist in developing appropriate stipulations, an applicant for authorization under this subsection must submit information explaining the potential impacts the authorized activity would have on other land uses during times of normal operation and malfunctions. This information may include, but is not limited to, quantities and the chemical name of hazardous substances that may be present at the facility; detailed descriptions of construction design, facility layout and processing of hazardous substances; distances to schools, licensed day care centers, hospitals, airports, State highways, interstate freeways, potable water treatment plants and potable water storage reservoirs within five miles of the facility; analysis of the frequency, times of day, and nature of truck, rail and other traffic to and from the facility; quantification of health risks from potential emissions of hazardous substances to the air, water, soil and groundwater, considering both controlled and uncontrolled emissions; measures to prevent, mitigate, and respond to releases of hazardous substances from the facility; the geographic area that could be potentially affected if there were a fire or other uncontrolled release of hazardous substances at the facility, and the nature of any such impacts; analysis of the effectiveness of air pollution control devices that would be employed; equipment and techniques to prevent and suppress fires, explosions, spills, and leaks at the facility; and such other devices, techniques, buffer zones, emergency response plans and equipment that may be necessary to prevent or mitigate the effect of releases of hazardous substances at or from the facility.
C. Failure To Comply. Failure to comply with any of the conditions described in paragraph B may result in revocation by City Council of a specific authorization.
D. Definitions. The following definitions shall apply to this section:
Discharge means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping into or on any land or water.
Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any substance so that the substance or any constituent thereof may enter the environment.
Facility means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous substances. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them).
Generator means any person, by site, whose act or process produces hazardous waste identified or listed in 40 Code of Federal Regulations part 261 or Arizona Administrative Code R18-8-261, or whose act first causes a hazardous waste to become subject to regulation.
Hazardous substance means a substance as defined in A.R.S. § 49-201(18), and petroleum.
Hazardous waste means a hazardous waste as defined in 40 Code of Federal Regulations Section 261.3 or Arizona Administrative Code R18-8-261.
Incinerator means any enclosed device that:
1. Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, carbon regeneration unit, or industrial furnace; or
2. Is an infrared incinerator or plasma arc incinerator.
Industrial furnace means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:
1. Cement kilns.
2. Lime kilns.
3. Aggregate kilns.
4. Phosphate kilns.
5. Coke ovens.
6. Blast furnaces.
7. Smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machine, roasters, and foundry furnaces).
8. Titanium dioxide chloride process oxidation reactors.
9. Methane reforming furnaces.
10. Pulping liquor recovery furnaces.
11. Combustion devices used in the recovery of sulfur values from spent sulfuric acid.
12. Halogen acid furnaces for the production of acid from halogenated hazardous waste where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least three percent, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of twenty percent as-generated.
13. Such other devices as the Planning and Development Director may, after notice and comment, add to this list on the basis of one or more of the following factors:
(a) The design and use of the device primarily to accomplish recovery of material products;
(b) The use of the device to burn or reduce raw materials to make a material product;
(c) The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks;
(d) The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product;
(e) The use of the device in common industrial practice to produce a material product; and
(f) Other factors, as appropriate.
Injection well means a well into which fluids are injected. (See also Underground injection.)
Landfill means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit.
Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.
Miscellaneous unit means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 Code of Federal Regulations part 146, containment building, corrective action management unit, unit eligible for a research, development, and demonstration permit under 40 Code of Federal Regulations Section 270.65, or staging pile.
Munitions means all ammunition and components, including confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries, bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof, however, the term does include non-nuclear components of nuclear devices, managed under the U.S. Department of Energy’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.
On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing, as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.
Pile means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.
Solid waste means a solid waste as defined in 40 Code of Federal Regulations Section 261.2.
Storage means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.
Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with manmade materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.
Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of nonearthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.
Thermal treatment means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge.
Treatment means any method, technique, or process, including neutralization, intended to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste nonhazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
Underground injection means the subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension.
Unstable means the propensity of a substance to detonate, polymerize, violently decompose, emit toxic gases, become self-reactive or otherwise undergo a rapid chemical change.
Section 649. Mixed Use Agricultural (MUA) District.
A. Purpose and Intent. The Mixed Use Agricultural District is intended to help preserve the character of agricultural areas of Phoenix while allowing appropriate development, including compatible commercial uses, which will reflect and enhance that character. Although it is unrealistic as the City develops to expect all agricultural property to continue functioning with the purely agricultural uses permitted in other zoning districts, it is possible to maintain an agricultural/rural environment in designated areas; accomplishing this requires a mixture of uses and special development and design standards which are more restrictive in some ways and more flexible in other ways than the Traditional Suburban Ranch Districts. This district encourages new development which is consistent with the traditional design of a rural and agricultural area through special design and use standards; it supports maximum preservation of existing plant materials and the agricultural character of the district, while allowing additional commercial and office uses to increase the economic viability of the district within the evolving urbanizing character of Phoenix.
B. Applicability. The MUA District is a zoning district available for rezoning of property designated as mixed use agricultural on the General Plan for Phoenix Land Use Map.
C. Permitted Primary Uses. The following uses are permitted in accordance with the regulations and special standards established below:
1. Agricultural crops: raising, harvesting and indoor/outdoor retail sales.
2. Aviary.
3. Art supplies, retail sales.
4. Art gallery and studio.
6. Bakery, retail sales.
7. Bank and trust companies.
8. Barber and beauty shops.
9. Bicycle shop, new and used, retail sales and repairs.
10. Book and magazine, retail sales.
11. Butcher shop (no slaughtering).
12. Camera shop, retail sales and repair.
13. Candy shop, retail sales.
14. Cigar store.
15. Coin and stamp dealers.
16. Clothing, retail sales.
17. Equestrian stable, commercial including boarding and instruction, subject to the following conditions:
a. Minimum lot size of ten acres; and
b. Minimum perimeter set back of one hundred feet for all animal sheltering buildings.
18. Farmer’s market.
19. Farms, including dairies, devoted (as applicable) to hatching, raising, breeding, and marketing of fowls, horses, dogs, sheep, goats, cows, llamas, rabbits, fur-bearing animals and fish subject to the following conditions:
a. This use shall not include commercial feeder lots.
b. Areas devoted to the raising of fowl shall be located at least one hundred feet from any property line which is contiguous with a residentially zoned lot or parcel.
c. The total site area shall not exceed 10 acres.
20. Feed, retail sales.
21. Fine art, instruction.
22. Fish, retail sales.
23. Florist, retail sales and wholesale.
24. Grocery, retail sales.
25. Furniture, retail sales.
26. Craft studio, retail sales and handcrafting of; textiles, pottery, glass blowing, jewelry, wood, leather and photography.
27. Health club.
28. Hobby and craft products, retail sales.
29. Home furnishing, retail sales.
30. Household appliance, retail sales and repair.
31. Ice cream shop.
32. Jeweler, retail sales and repair.
33. Music instruction, musical instrument repair and retail sales.
34. Office, administrative or professional.
35. Pet store, retail sales.
36. Pharmacy.
37. Photographic developing and printing.
38. Photographic equipment and supplies, retail sales.
39. Picture framing.
40. Places of worship.
41. Plant nursery, wholesale or retail sales, provided that:
a. Any bulk or hardscape materials shall be stored in contained areas or bins and not be visible from the public right-of-way.
b. Boxing of plants and other similar processing shall not be visible from the public right-of-way.
c. Sales may include garden-related items including, fertilizers, pest and weed control items, gardening implements, and garden furniture.
42. Residential.
43. Community residence home; provided, that:
a. The home has no more than five residents, not including staff (unless permitted by Section 36-582(A), Arizona Revised Statutes); or
b. For a home with six to ten residents, not including staff, the following conditions shall apply:
(1) Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee as to compliance with the standards of this section as provided in Section 701.
(2) No community residence home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another community residence home that has been registered with six to ten residents.
(3) Disability accommodation from the spacing requirement may be requested by an applicant per Section 701.E.3.
44. Restaurant, provided that:
a. Music and entertainment is limited to recorded music or one entertainer
b. Entrances to the restaurant shall be from the side of the restaurant which does not face a contiguous residentially zoned property, including undeveloped or residentially developed R-5 parcels, on the same block, and side of the street as the restaurant. For the purpose of applying this provision, property separated by a right-of-way of twenty (20) feet or less in width shall be considered contiguous.
45. Saddlery and tack shops, custom crafting and retail sales.
46. School, public, parochial and institutions of higher education.
47. School, commercial.
48. Veterinary office and hospital.
49. Veterinary supplies, wholesale and retail sales.
50. Vineyard, production and retail sales.
51. Window treatment and upholstery; custom fabrication and retail sales.
D. Use Permit Uses. Land in the MUA District may be used for the following purposes, subject to obtaining a use permit in accordance with the standards and procedures of Section 307.
1. Adult day care home for the care of five to ten adult persons; provided, that:
a. Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
b. One parking space shall be provided for each employee who does not reside at the facility.
2. Animal boarding.
3. Bed and breakfast provided that:
a. The establishment must be owner-occupied as a principal residence;
b. Not more than eight guestrooms with sleeping accommodations for sixteen guests may be provided;
c. Separate cooking facilities for guestrooms are prohibited;
d. Guest stays shall be a minimum of one night and shall not exceed thirty-one consecutive nights in any ninety-day period. The owner of the bed and breakfast establishment shall maintain a reservation book or registration log. The book or log shall show the arrival and departure dates of all guests and shall be open to inspection by a Zoning Enforcement Officer.
e. One off-street parking space shall be provided for each guestroom in addition to the parking required for the principal residence.
4. Dependent care facility, as an accessory use, for seven to twelve dependents, subject to the following conditions:
a. Resident dependents under the age of twelve years shall not be counted when they are present on the premises.
b. Outdoor play areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence or solid wall.
c. Hours of operation shall only be between 6:00 a.m. and 10:00 p.m. These hours may be restricted as part of the use permit approval.
d. Nonresident employees may be permitted with the use permit if necessary to meet State requirements.
e. One parking space shall be provided for each employee who does not reside at the facility.
f. If a swimming pool is on the site, it shall be screened in accordance with Section 1109 of the Building Construction Code.
g. Smoke detectors shall be installed in the house in accordance with Section 1210(A) of the Building Construction Code.
h. No signage shall be permitted.
i. The facility shall be subject to Arizona licensing requirements.
5. Environmental remediation facility, subject to the following conditions:
a. The aboveground area of land occupied by the environmental remediation facility shall not exceed the minimum number of square feet necessary to implement the remedial or corrective action.
b. All structures and devices constructed above ground level shall be shielded from the view of persons outside the property boundary by an opaque fence or solid landscape screen, as approved by the Planning and Development Department.
c. Outdoor equipment installed as part of the final environmental remediation facility shall not exceed a height of ten feet and shall be set back from the screen wall or landscape material a minimum of three feet for every one foot of height over six feet.
d. After installation, no equipment or materials beyond that necessary to operate the facility shall be stored on the lot.
e. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. The facility shall not emit noise, odor or vibration at any time so that it exceeds the general level of noise, odor or vibration uses emit outside the site. Such comparison shall be made at the boundary of the lot on which the treatment facility is located.
f. The facility shall comply with all applicable provisions of the Fire Code.
g. A permit issued under Section 307 shall include reasonable restrictions on the operation of the facility to mitigate any adverse impacts on nearby land, including but not limited to restrictions on vehicular traffic and hours of operation of the facility.
h. This section allows authorization of activities to undertake all on-site investigative, construction, and maintenance activities ancillary to the operation of the facility. All off-site discharges of any substance shall be separately authorized pursuant to applicable laws.
i. The structures used for the facility shall not exceed a total area of five thousand square feet.
j. Neither the Zoning Administrator nor the Board of Adjustment shall have the jurisdiction to vary these provisions.
6. Game court, lighted, as an accessory use.
8. Massage therapy, performed by a licensed massage therapist, as an accessory use.
9. Processing of off site grown agricultural products, including, pressing cider, oil, or wine.
10. Outdoor public assembly uses/special events, including seasonal festivals.
11. Restaurant with:
a. Sales of alcoholic beverages permitted upon approval by the Zoning Administrator or the Board of Adjustment of a specific floor plan for the restaurant facility.
b. Live music or entertainment of more than one entertainer
c. Patron dancing
d. Outdoor dining, outdoor recreation uses, and associated lighting
e. Drive-through facility as an accessory use, access to the site is to be from an arterial or collector street as defined on the street classification map
12. Reserved.
E. Permitted Accessory Uses. Land in the MUA District may be used as permitted accessory uses and structures, incidental to and on the same zoning lot as the primary use, for the following uses:
1. Adult day care home for the care of one to four adult persons; provided, that:
a. Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.
2. Amateur communication tower.
3. Dependent care facility for six dependents, subject to the following conditions:
a. Resident dependents under the age of twelve years shall not be counted when they are present on the premises.
b. Outdoor play areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence or solid wall.
c. There shall be no employees who do not reside at the site unless required by the Arizona Department of Health Services.
d. If a swimming pool is on the site, it shall be screened in accordance with the Building Construction Code.
e. Smoke detectors shall be installed in the house in accordance with the Building Construction Code.
4. Accessory dwelling unit per the provisions of Section 706.A.
5. Instruction/classes pertaining to the primary use of the site, including, culinary classes at a restaurant or horticulture classes at a plant nursery.
6. Reserved.
F. Special Permit Uses. Land in the MUA District may be used for the following purposes, subject to obtaining a special permit in accordance with the standards and procedures of Section 504.1
1. Environmental remediation facility which cannot satisfy the standards of section 649.D., above.
2. Farms and dairies on sites larger than ten acres.
G. Commercial Uses on a site shall be limited to a maximum of 15,000 (fifteen thousand) gross square feet per each establishment.
H. Height, Building Setbacks, Density and Area Requirements. All property in the MUA District shall be developed in accordance with the following standards.
1. For any non-residential uses permitted in the district, the following requirements shall apply:
a. A maximum building height of one story (1) not to exceed twenty (20) feet shall be permitted.
b. Request to exceed the above height limit may be granted by the City Council for development up to two (2) stories not to exceed thirty (30) feet upon recommendation by the Planning Commission or the Zoning Hearing Officer finding that such additional height is not detrimental to adjacent property or the public welfare in general.
2. Except as provided in Section 649.H.1., the following development standards shall apply:
DEVELOPMENT STANDARDS | ||
|---|---|---|
MAXIMUM BUILDING OR STRUCTURE HEIGHT | ||
Residential | Thirty (30) feet | |
Non-residential | Twenty (20) feet | |
BUILDING SETBACKS (EXCLUDING CANAL RIGHT-OF-WAY SETBACKS) | ||
Baseline Road | ||
Maximum fifteen (15) foot high building | Fifty (50) feet | |
Maximum thirty (30) foot high building | Sixty (60) feet | |
Front Yard | ||
Forty (40) feet | ||
Thirty (30) feet | ||
Side Yard | ||
Interior | Fifteen (15) feet | |
Street | Twenty (20) feet | |
Rear Yard | ||
Rear yard | Twenty (20) feet | |
Maximum lot coverage | 35% Shade structures accessory to agricultural or plant nursery uses which are fabric or plastic film covered and which do not exceed twelve feet in height shall not be included in lot coverage calculations. | |
Maximum density | 2 units per acre | |
3. Landscape setbacks (excluding canal right-of-way setbacks).
Landscaped setback | Average 35' along arterial/collector streets, minimum 30' permitted for up to 50% of the frontage. Average 25' along local streets, minimum 20' for up to 50% of the frontage. |
PLANT TYPE | MINIMUM PLANTING SIZE |
Trees | Min. 2-inch caliper (50% of required trees) Min. 3-inch caliper or multi-trunk tree (25% of required trees) Min. 4-inch caliper or multi-trunk tree (25% of required trees) |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
PARKING LOT AREA | |
|---|---|
Interior surface area (exclusive of perimeter landscaping and all required setbacks) | Min. 10% |
Landscaped planters | At ends of each row of parking & approximately every 110' |
Landscaped planters, single row of parking | Min. 120 sq. ft. |
Landscaped planters, double row of parking | Min. 240 sq. ft. |
Additional parking lot landscaping | As needed to meet 10% minimum requirement, evenly distributed throughout the entire parking lot. Min. interior dimension 5' (length and width). |
PLANT TYPE | MINIMUM PLANTING SIZE |
Trees | Min. 2-inch caliper (60% of required trees) Min. 1-inch caliper (40% of required trees) |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
ADJACENT TO A BUILDING | |
|---|---|
Building facades within 100' of the public right-of-way or adjacent to public entries to the building (excluding alleys) | Min. 25% of the exterior wall length shall be treated with either a landscaped planter a min. five (5) feet in width or an arcade or equivalent feature. |
PLANT TYPE | MINIMUM PLANTING SIZE |
Trees | Min. 2-inch caliper (60% of required trees) Min. 1-inch caliper (40% of required trees) |
Shrubs | Min. five (5) 5-gallon shrubs per tree |
I. Signs. The following standards are intended to permit only signs which are attractive, low in profile, and consistent with the agricultural and rural character of the MUA District. Signs for nonresidential development in the MUA District shall be governed by the regulations of Section 705 applicable to nonresidential uses of residential property except as modified below. Signs for residential development in the MUA District shall be governed by the regulations of Section 705 applicable to residential uses of residential property except as modified below. Sign which are not visible beyond the boundaries or the lot or parcel upon which they are situated shall not be regulated as signs.
1. Prohibited signs.
d. Roof-mounted signs.
e. Multiple tenant identification ground signs identifying more than one tenant.
f. Signs which move, rotate, flash, automatically or manually change copy, or simulate movement.
2. Permitted signs for nonresidential development.
a. Ground-mounted monument signs identifying a commercial/agricultural center: not to exceed six feet in height, sixteen square feet in sign area, and thirty-two square feet in total area for the monument structure.
b. Signs painted on the building surface or letters mounted directly to the building surface:
(1) Maximum of one square foot of signage for each lineal foot of building elevation to a maximum of one hundred square feet.
(2) Minimum of twenty square feet.
(3) Placed no closer to the roofline than one-half the vertical dimension of the sign.
(4) Placed only on the building wall of the suite or building space used by the tenant which the sign identifies.
Acceptable and Not Acceptable Signage
c. Window signs shall not exceed ten percent of each window area located on the ground floor of a building. For computation of area, window panels separated by muntins or mullions shall be considered as one continuous windowpane. Window signs shall be assessed as wall signs. Window signs shall not be located on glass doors, as regulated in Section 705.B.3.i.
J. Design Guidelines and Standards. The design guidelines and standards contained in this section reflect the desired goals and policies for development in the MUA District. The intent of the guidelines and standards is to encourage new development in the district which is consistent with the traditional design of a rural and agricultural area. The open, heavily landscaped character of agricultural properties should be reflected in new projects which build on past successes and ensure the future viability of the district. The City’s general design review guidelines of Section 507 Tab A of the Zoning Ordinance shall apply to development in the MUA District to the extent they do not conflict with the following standards. All development in the MUA District is subject to site plan review to ensure maximum preservation of existing plant materials and the agricultural character of the district.
The guidelines and standards consist of requirements (R), presumptions (P), and considerations (C) as set forth in Section 507.
1. Fences and walls.
a. Solid fences and walls should be prohibited on the perimeter of a lot or development except for screening of parking or mechanical equipment. (P)
Rationale: Solid fences and walls obstruct views of properties and detract from a rural/agricultural character. Although solid screening of particular uses which are interior to a site may be appropriate, such as around a dependent care play area or an environmental remediation facility’s equipment, a solid perimeter wall is not acceptable.
Not Acceptable Fence or Wall
b. Open fences in the required front yard shall be up to six feet in height. (R)
Rationale: In rural areas, higher front fences can be necessary for various forms of livestock, including horses, emus and llamas.
c. Fence and wall materials in the required front yard and on the street or canal side perimeter of a lot or development shall be limited to wrought iron, split rail, corral fencing, or a combination of three feet of solid masonry topped by open wrought iron or a similar material, or a combination of the aforementioned fence types and open farm fencing. Chainlink, barbed wire, concertina wire, razor wire, and other similar materials are prohibited in the required front yard and on the street or canal side perimeter of a lot or development. (R)
Rationale: Open fencing in the MUA District should be both functional and attractive.
2. Building orientation and massing.
a. Commercial and office buildings should incorporate architectural elements that emphasize horizontal plains, such as overhangs, projections, alcoves, varied roof-plains, and building offsets that are designed to minimize mass and volume of the structure. (P)
Rationale: Incorporating such building design elements reduces the impact of expansive building facades and massing for pedestrian and semicircular traffic.
b. Covered walkways should be provided along the street facing facade for all commercial and office buildings. (P)
Rationale: Covered walkways will increase the usability of building throughout the year, and will promote pedestrian activities.
c. Changes in facade, such as, material, window design, facade height or decorative details should be expressed so that the composition appears to be a collection of smaller buildings. (P)
Rationale: Varied building facades promote a traditional and rural building design that minimizes the visual impact of the building.
d. The amount of cut and fill should be the minimum amount necessary to accommodate site infrastructure. (P)
Rationale: Building layouts that follow and blend into the natural landscape are compatible with traditional agrarian design.
e. Buildings should be oriented towards the street by placing the primary entrance on the street frontage. (P)
Rationale: Building orientation towards street will reinforce community orientation in the MUA District.
3. Parking and maneuvering areas.
a. No parking or maneuvering areas, other than required driveways, shall be permitted in the perimeter setbacks of a lot or development. (R)
Rationale: Parking areas are intrusive and have a more urban character than is appropriate in this district. At a minimum, parking and maneuvering areas must be placed outside of the site’s perimeter setbacks. An exception is needed for driveways to bring vehicles onto the site.
b. Parking areas should be placed behind or along the nonstreet side of a building. (P)
Rationale: A building can provide an effective screen for a parking area and help prevent the parking area from dominating the appearance of the site.
Parking and Maneuvering Areas
c. The surface of parking stalls should be composed of an alternative to asphalt or concrete, as approved by the Zoning Administrator. (P)
Rationale: Although it is critical that parking and maneuvering areas be dustproofed due to problems with air pollution from particulates, rural and agricultural developments have traditionally used a form of decomposed granite rather than asphalt. With current dustproofing technology, an acceptable level of protection is possible with an alternative surface material. These alternatives are consistent with the desired character for the MUA District.
d. A maximum of one row of parking should be permitted between the building and right-of-way for commercial, office or mixed use buildings, except when the parking is located along an arterial street. (P)
Rationale: A single row of parking facing the street reinforces the rural/agrarian character of the development.
e. No single surface parking area should exceed 50 spaces unless divided into two or more sub-areas by a building, roadway or landscaping equal to 25% of the width of the parking area. (P)
Rationale: Expansive parking lots should be avoided to preserve a rural agriculture identity.
4. Lighting.
a. On site lighting should be accomplished with low level, uniform lighting fixtures dispersed throughout the site with a lumen rating of 3,000 or less. (P)
Rationale: Uniform lighting avoids abrupt changes from lit to dark areas, providing an even low intensity lighting pattern.
5. Building materials.
a. The following building materials should be incorporated into commercial buildings: (P)
(1) Board and batten;
(2) Clapboard siding;
(3) Wood/heavy timbers;
(4) Adobe;
(5) Stone or stone veneer;
(6) Stucco, not to exceed 70% of the exterior wall surface area.
Rationale: These types of building materials ensure the agrarian character of the MUA District.
6. Roofs.
a. Barrel tile roofs shall be prohibited. (P)
b. Pitched roof elements should be encouraged for commercial buildings. (P)
c. If flat roofs are proposed for commercial buildings a false front parapet should be included. (P)
d. Overhanging wooden eaves and exposed rafters should be encouraged. (P)
Rationale: Barrel tile roofs are not consistent with the desired character of the MUA Zoning District. Pitched or flat roofs with false front parapets and exposed rafters are more reminiscent of a rural or farm building style.
7. Signs.
a. Neon tubed exterior accent light, external neon tubed signs and internally illuminated signs are not permitted. (R)
Rationale: Such lighting is symbolic of an urban setting and is not compatible with the rural character of the MUA District.
b. Ground, shingle or wall mounted signs made of wood, or similar appearing material should be encouraged. (P)
Rationale: Signs mounted to the building reinforce the agrarian character of the MUA District.
8. Windows.
a. All windows in commercial buildings shall be either divided lite or double hung. (R)
Rationale: Divide lite or double hung windows prevent the introduction of large single pane windows that will create a building facade out of character with the MUA District.
b. Ground floor building elevations which face the public right-of-way or pedestrian plazas shall provide a minimum of 40% and maximum of 70% by means of windows and doors between three (3) feet and seven (7) feet above the finished floor elevation. (R)
Rationale: Window and door openings create an interactive and appealing pedestrian and right-of-way building facade.
c. All windows must achieving a visible transmittance rating (VTR) of 0.85 or higher. (R)
Rationale: Transparency along the street encourages pedestrian activities and enhances security.
9. Open space.
a. A minimum of twenty-five percent of the net site area of a commercial, office or mixed use development, not including landscaping setbacks, shall be set aside as open space accessible to the public. For sites less than two acres a minimum of ten percent shall be set aside. (R)
Rationale: Open space will enhance the agricultural character of the development supporting the MUA District.
b. Open space accessible to the public should be centrally located. (P)
Rationale: In addition to providing an open character for the surrounding area, it is equally important for the development’s occupants to be able visually and physically to enjoy the open space.
c. Required open space accessible to the public may be used for storm water retention. (C)
Rationale: The open space can serve as a retention area.
d. Required open space accessible to the public may be active (pasture/riding ring, food or flower garden, citrus grove) or passive (landscaped area). (C)
Rationale: The open space should respect the traditional agricultural uses.
10. Landscape standards.
a. Plant materials in required landscape areas shall be limited to those listed on the Mixed Use Agricultural plant list, a copy of which is available at the Phoenix Planning and Development Department, or their equivalent as approved by the Zoning Administrator. (R)
Rationale: A key method to preserve and foster the agricultural character of this district is landscaping with plant materials which have historic significance for ornamental or crop use in agricultural areas of Phoenix or provide the visual equivalent to those plants. The mixed use agricultural plant list combines plants (trees, shrubs, ground covers, accent plants, and vines) which Phoenicians have historically used in farming areas and drought tolerant plants which have the potential for crop use or have a lush appearance which complements the color, texture, and density of the traditional plants. The landscape palette enhances the district’s character through its contrast to the plant materials which are used in and appropriate for Sonoran desert areas without an agricultural heritage.
b. Any plants listed in the invasive species list in Appendix B of the Sonoran Preserve Edge Treatment Guidelines, Section 507 TAB A3.7 shall be prohibited in the MUA District. (R)
Rationale: Invasive species shall be prohibited to protect the plant materials in the vicinity and to preserve the environment.
c. Where prominent existing plant materials are native species then the landscaping should be limited to the Sonoran Plant List. (P)
Rationale: Native Sonoran Desert landscaping should be encouraged where appropriate to promote uniform landscaping themes in areas with native vegetation.
d. A minimum of five percent of the landscaped area should be planted in flowers. (P)
Rationale: Flowers will contribute to the beauty of the project.
Section 650. The Historic Canal-Side Restaurant Overlay District.
A. Purpose and Intent. Historically, a restaurant use has existed on a lot currently bounded by residential uses, Central Avenue/Murphy Bridle Path, and the Arizona Canal since 1911. The site hosted the original Phoenix Country Club, establishing a restaurant use prior to current residential development. Canal right-of-way acquisitions and natural events, such as floods, have altered the facility over the years. This district recognizes the benefits to be realized from re-establishment of a restaurant on this property while acknowledging that the location of a prior restaurant use on this property proximate to both residential and recreational uses has been associated with use conflicts which have adversely affected adjacent residential areas.
The intent of the Historic Canal-Side Restaurant Overlay District is to ensure the viability of a restaurant business while ensuring that this use does not contribute to the deterioration of the living environment, the downgrading of property values, and the diminishment of health, safety and general welfare conditions of the adjacent residential area. To this end, the district includes specific provisions regarding the range of allowable uses and operational restrictions regarding hours, parking, signage and property lighting.
The specific intent of the district is to:
1. Protect existing residential neighborhoods from negative impacts caused by the proximate location of an historic restaurant business through:
a. Limitations on allowable primary and secondary uses; and
b. Setting use and site standards to maintain a scale that will be compatible with adjacent residential areas;
2. Allow a viable restaurant use adjacent to existing residential neighborhoods; and
3. Prohibit certain uses and restrict the addition of certain other uses sometimes associated with a restaurant use which could have negative impacts on adjacent residential neighborhoods.
B. Applicability. The Historic Canal-Side Restaurant Overlay (HCRO) District applies to an irregular parcel bounded by Central Avenue on the west, the Arizona Canal on the north and east, and the Butler Drive alignment on the south which has been the site of a nonresidential use since 1911.
C. Permitted Primary Uses. Except as provided in Section 650.E, land in the HCRO district may be used for all uses permitted in the base district in accordance with the standards and procedures established in this ordinance and the limitations of this district. In addition, the following is a permitted use:
D. Permitted Accessory Uses. Land in the HCRO district may be used as permitted accessory uses, incidental to and on the same zoning lot as a primary restaurant use, for the following:
1. Customer parking lot; provided, that customers are cleared from the parking lot no later than 1:30 a.m.
2. Indoor music; provided, that the music is limited to recorded music or one acoustic (unamplified) musician, such as a pianist.
3. Parking lot maintenance and trash collection; provided, that these activities shall not occur between the hours of 1:00 a.m. and 7:00 a.m.
4. Sale of alcoholic beverages for consumption on site.
5. Outdoor dining; provided, that the outdoor dining shall not extend to the hours between 10:00 p.m. and 7:00 a.m.
6. Reception or banquet use of the restaurant.
7. Package liquor retail sales.
8. General retail sales.
E. Prohibited Uses. Land in the HCRO district shall not be used for the following uses, whether primary or accessory:
1. Patron dancing, including as part of reception or banquet uses.
2. Drive-through and drive-in facilities.
3. Outdoor uses and/or displays, except as otherwise specifically provided in Section 650
4. Playing of music, live or recorded, in an outdoor dining area.
F. Height, Yard and Area Requirements. Development in the HCRO district shall comply with the height, yard and area requirements of the underlying zoning district except as set forth in this section. Any restaurant uses shall comply with the following requirements:
1. Height. A maximum building height of one story not to exceed fifteen feet shall be permitted by right. Requests to exceed this height limit may be granted by the City Council for development up to two stories not to exceed thirty feet upon recommendation from the Planning Commission or the zoning hearing officer finding that such additional height is not detrimental to adjacent property or the public welfare in general.
2. Maximum lot coverage. Lot coverage shall not exceed twenty-five percent of the net lot area.
3. Yards/setbacks.
a. Street and canal right-of-way setbacks. An average twenty-foot setback shall be provided for the site if it contains structures not exceeding two stories or thirty feet in height with a minimum fifteen-foot setback permitted for up to fifty percent of the structure (including projections). Landscaping equal to the required average setback times the street or canal frontage (exclusive of necessary driveways or canal right-of-way accessways) shall be provided adjacent to the street or canal right-of-way property line and shall not be less than fifteen feet in depth.
b. Reserved.
G. Design Guidelines and Standards. Development in the HCRO district shall comply with the design guidelines and standards of Section 507 Tab A for residential or nonresidential development, as appropriate, and shall be subject to site plan review in accordance with the standards and procedures of Section 507.
H. Signs. The following standards are intended to permit only signs which are attractive, low in profile, and compatible with a residential area. Signs for a restaurant in the HCRO district shall be governed by the regulations set forth below. Signs for residential development shall comply with the standards of Section 705 for residential uses. Any sign which is not visible beyond the boundaries of the lot or parcel on which it is located shall not be regulated as a sign.
1. Prohibited signs:
c. Balloons and banners.
d. Roof-mounted signs.
e. Ground signs for business identification.
f. Signs which move, rotate, flash, automatically or manually change copy, or simulate movement.
2. Permitted signs for a restaurant, except as allowed in Section 705.B.2 (signs which do not require a sign permit), shall be limited to signs attached to the building surface as provided below:
a. Maximum of one square foot for each lineal foot of horizontal building elevation to a maximum of fifty square feet.
b. Minimum of twenty square feet.
c. Placed no closer to the roofline than one-half the vertical dimension of the sign.
d. The signs shall not face a residential development or zoning district unless separated from that development or district by an arterial street or canal right-of-way.
I. Lighting. Outdoor lighting shall conform to the following:
1. Lighting within one hundred fifty feet of a residential zoning district or development shall not exceed fifteen feet in height; all other lighting shall not exceed twenty-five feet in height.
2. Lighting shall satisfy the standards of Section 704
Section 651. Baseline Area Overlay District.
A. Purpose. The Baseline Area Overlay District is designed to encourage and protect the rural, agricultural character of the area while allowing development in accord with the Baseline Area Master Plan. Special attention is given to the streetscape. Developments along Baseline Road will incorporate flowers and citrus into the site which will preserve the historical character of the area. Neighborhood streets will be tree-lined to provide shade for pedestrians and enhance the landscape. Special design guidelines encourage unique developments which focus on the landscape and pedestrian.
B. Applicability. The Baseline Area Overlay District applies to all land within the area bounded by the centerline of Central Avenue, Southern Avenue, 40th Street and South Mountain Park. Land within the district shall be governed by the underlying zoning districts except for what is governed herein.
C. Use Regulations. The regulations governing the uses of land and structures shall be as set forth in the underlying zoning districts except as expressly modified by the following regulations.
D. Height and Setback Requirements.
1. Building height—Maximum. A maximum building height of two stories not to exceed thirty feet shall be permitted in all zoning districts. This standard will not apply to properties that had a site plan approved through a rezoning application prior to the effective date of this section of the ordinance. This exemption would still apply if the approved site plan is modified by the Planning Hearing Officer.
2. Building setbacks—Minimum.
a. A minimum fifty-foot landscaped setback measured from the property line shall be provided for all development adjacent to Baseline Road. Platted lots existing prior to the adoption of this section of the ordinance with a depth less than one hundred fifty feet are exempt.
b. An average of a thirty-foot landscaped setback, with a minimum landscaped setback of twenty feet, measured from the property line shall be provided for all development adjacent to Dobbins Road.
E. Design Guidelines and Standards. The design guidelines and standards contained herein reflect desired goals and policies of the City as they pertain to the Baseline Area Overlay District. The intention of these guidelines is to promote historical qualities distinctive to the area such as the use of citrus and flowers. It is also intended to promote quality designs and designs that focus on the landscape and the pedestrian. The general guidelines for design review as found in Section 507 Tab A of the Zoning Ordinance shall apply in the Baseline Area Overlay District. If the guidelines of this section conflict with the guidelines of Section 507 Tab A, the guidelines of this section shall prevail.
The design guidelines described below indicate specific implementation standards and consist of requirements and presumptions and considerations. Guidelines shall be administered in the manner specified in Section 507 of the Zoning Ordinance. Each guideline is followed by a designation (R), (P) or (C) which notes a requirement, presumption or consideration, respectively.
1. Streetscape.
a. Baseline Road Scenic Drive. The following design guidelines shall apply to all development which abuts Baseline Road between 16th Street and 40th Street.
The following standards shall also apply to development which abuts Baseline Road between Seventh Street and 16th Street. R*
(1) The median shall contain trees planted thirty feet on center and ground cover from the Baseline Area Master Plan plant list. (R)
Rationale: A common tree in the median will provide consistency and unite the streetscape.
(2) The eight-foot landscaped separation between the bike lane and the sidewalk shall contain shade trees and ground cover from the Baseline Area Master Plan plant list. Shade trees shall be planted to provide a continuous shade canopy for pedestrians and shall be a minimum of two-inch caliper and twenty-four-inch box size at the time of planting. Ground cover shall provide maximum coverage according to the type of plant selected. At maturity, the plants shall provide complete coverage of the landscaped area. (R)
Rationale: The shade trees will protect the pedestrian from the sun and the ground cover will enhance the streetscape.
(3) A concrete sidewalk five feet in width shall be provided on both sides of Baseline Road. The sidewalk may gently meander as determined by the Planning and Development Department. (R)
Rationale: Separated concrete sidewalks will provide a safe route for pedestrians.
(4) A stabilized decomposed granite multi-use trail ten feet in width shall be provided on the north side of Baseline Road. The trail may gently meander as determined by the Planning and Development Department. (R)
A stabilized decomposed granite multi-use trail ten feet in width should be provided on the south side of Baseline Road. The trail may gently meander as determined by the Planning and Development Department. (P)
Rationale: Off-street multi-use trails will provide a safe alternative for recreational bike riders, joggers and walkers.
(5) A landscaped separation five feet in width between the sidewalk and the multi-use trail shall be provided. The area shall be planted and maintained with turf or ground cover and trees from the Baseline Area Master Plan plant list. Shade trees shall be planted to provide a continuous shade canopy for pedestrians and shall be a minimum of two-inch caliper and twenty-four-inch box size at the time of planting. Ground cover shall provide maximum coverage according to the type of plant selected. At maturity, the plants shall provide complete coverage of the landscaped area. (R)
Rationale: A landscaped separation between the sidewalk and trail will avoid conflict between those walking, biking or riding horses. The trees within the right-of-way along the sidewalk will provide a continuous canopy to protect pedestrians from the sun.
(6) Undulating berms and swells shall be provided within the landscaped setback. The bermed area shall be planted and maintained with turf. (R)
Rationale: Berming will enhance the landscape area and provide a sound barrier between Baseline Road and the development. Turf will provide a lush landscape.
Streetscape
b. Interior streets within a single-family subdivision.
(1) Interior streets within a subdivision shall have twenty-eight feet of paving material. (R)
Rationale: Narrower streets slow traffic and reduce the amount of paving.
(2) Interior streets shall have detached sidewalks a minimum of four feet in width that are separated from the street with six-foot landscaped areas. (R)
Rationale: Detached sidewalks provide a safety buffer between the pedestrian and motorized vehicles.
(3) There shall be a row of trees planted on each side of the sidewalk. Trees shall be a minimum of two-inch caliper and twenty-four-inch box size at the time of planting. The trees shall be planted an average of one tree for each twenty-five feet of street frontage. The trees shall be maintained by the property owner or homeowners’ association. (R)
Rationale: Trees provide shade for pedestrians and add to the streetscape.
c. Medians. The following design guidelines shall apply to all medians on private streets or privately owned median tracts within the Baseline Area Overlay District.
(1) Medians should contain a variety of plant materials and trees. (P)
Rationale: A variety of plant materials will provide visual interest while permitting unobstructed views.
(2) Medians provided on private streets should be a minimum of ten feet in width. (P)
Rationale: Ten feet will provide enough separation and provide a sufficient area for landscaping.
2. Commercial development.
a. Walkways shall be provided between all buildings and between the buildings and the perimeter streets. The walkways shall be of contrasting materials such as brick or concrete pavers where the walkway crosses a vehicular path. (R)
Rationale: Walkways of contrasting materials will promote safety and convenience while improving the function of the parking area.
b. Shaded and raised walkways a minimum of twenty feet in width located no greater than one hundred fifty feet apart shall be provided within parking lots greater than three hundred feet in width. When trees are used to provide shade, they shall be an minimum of two-inch caliper and twenty-four-inch box size at the time of planting. (R)
Rationale: Shaded and raised walkways will protect pedestrians from solar exposure and vehicular traffic.
c. Continuous shade-protected walkways shall be provided for commercial shopping centers with exterior pedestrian circulation. Overhangs a minimum of ten feet in width shall be provided along all pedestrian walkways adjacent to the buildings. (R)
Rationale: Overhangs can provide a shaded walking area which encourages pedestrian interaction and reduces the number of vehicular trips.
d. Drive-throughs should be screened from view of the perimeter street with a landscaped berm or a combination of a wall and landscaped berm at least four feet in height. (P)
Rationale: A landscaped berm will provide a buffer from the drive-through lane along the busy street.
e. A landscaped main entry drive shall be provided to all commercial centers. The landscaped area(s) shall be a minimum of seven hundred square feet in area and be planted and maintained with a variety of at least three plant materials including a series of annuals that will each maintain a constant bloom throughout the year. (R)
Rationale: A landscaped entryway will add character and a pleasing aesthetic image to the commercial development while maintaining the historical character of the area.
f. Commercial developments that abut Baseline Road shall incorporate citrus trees into the entrance of the development. The trees shall be arranged in a grid pattern. (R)
Rationale: Citrus trees will promote the historical character of the area.
g. Fifteen percent of surface parking lots, exclusive of the required perimeter landscaping and front setbacks, shall be landscaped and maintained. Landscaping shall be dispersed throughout the parking area with the interior width of all planting islands to be no less than eight feet in width and a minimum of one hundred twenty square feet in area. (R)
Rationale: Additional landscaping in the parking area will promote a more rural character typical of the area. Avoiding small, individual planting islands will help insure the survival of the trees or other plants.
h. Pitched roofs, elements or facades should be incorporated in all buildings. (P)
Rationale: Pitched roofs provide visual interest and attractiveness.
i. There shall be a minimum forty-foot landscaped setback between a commercial pad and the perimeter street right-of-way except where fifty feet is required adjacent to Baseline Road. The landscaped area shall be planted and maintained with any combination of turf, flowers, trees or ground cover. Trees shall be a minimum of two-inch caliper and twenty-four-inch box size at the time of planting. Ground cover shall provide maximum coverage according to the type of plant selected. At maturity, the plants shall provide complete coverage of the landscaped area. (R)
Rationale: The landscaped area will provide a safer pedestrian connection between the street and the pad.
Landscaping the area will maintain the rural character of the area and enhance the landscape.
j. Pads should be grouped together in one or two areas with common shaded plazas or courtyards. (P)
Rationale: Commercial pads surrounded by parking lots are unfriendly to pedestrians. Grouping the pads will provide shaded areas for outdoor dining.
k. The maximum number of parking spaces provided shall not exceed ten percent of the parking required unless the lot coverage of the overall site is less than fifteen percent. (R)
Rationale: A maximum amount of parking will encourage more landscaping and less paving.
l. There shall be a maximum of one square foot of striping or graphics per each lineal foot of building per adjoining street. (R)
Rationale: Striping or graphics should not be the predominant feature of a rural, open streetscape.
Striping or Graphics
m. Parking between the pad structure and the street should be discouraged, but a limited amount may be permitted under certain circumstances when appropriately screened. (P)
Rationale: Limiting parking between the pad and the street will encourage a functional priority for pedestrians, the physically disabled and transit patrons; and minimize vehicular/pedestrian conflict associated with parking areas.
3. Residential development.
a. General features.
(1) Open fencing (wrought iron, split rail or farm fencing) should be used for perimeter walls. Chainlink, barbed wire and chicken wire fencing are not permitted. Fencing shall be considered open if a minimum of sixty percent is open, excluding pillars and piers. (P)
Rationale: Open fencing will help maintain the rural feel of the Baseline area and will avoid the canyon effect solid perimeter walls create and the potential for graffiti.
(2) Vines or shrubs shall be provided and maintained on the exterior of all solid perimeter fencing. Vines or shrubs shall be a minimum of five-gallon size and cover a minimum of fifty percent of the wall within two years of planting. Shrubs shall be of varying heights and pruned for the health of the plant and not shaped (no topiary pruning). Where decorative walls are provided, the amount of coverage may be reduced to twenty-five percent. (R)
Rationale: Clinging vines or shrubs will break the surface of solid walls and help deter graffiti while providing visual interest and promoting a rural atmosphere.
(3) Residential developments shall have primary entry features that incorporate landscaping with the entry sign. The landscaping should be a minimum of two hundred fifty square feet held in a common tract, planted, and maintained with a variety of at least three plant materials including a series of annuals that will each maintain a constant bloom throughout the year. The landscaped area may be split into two one hundred twenty-five square feet areas where two signs are provided. (R)
Rationale: Landscaping incorporated with the design of the entry feature will better compliment the development and blend with the surrounding area. Flowers will help preserve the historical character of the area.
(4) Residential developments that abut Baseline Road shall incorporate citrus trees into the entrance of the development. The trees shall be arranged in a grid pattern. (P)
Rationale: Citrus trees will promote the historical character of the area.
(5) Gated entries that abut a major street shall provide a landscaped entrance that contains a landscaped median to separate egress from ingress. The landscaped areas shall be a minimum of three hundred feet in area and planted with a variety of at least three plant materials including a series of annuals that will each maintain a constant bloom throughout the year. (R)
Rationale: The landscaped entrance and median will create a more rural, agricultural atmosphere. The flowers will help preserve the historical character of the area.
(6) Residential developments that abut Baseline Road should be limited to one story or fifteen feet in height within one hundred feet of the Baseline Road right-of-way to the extent necessary to protect views. (P)
Rationale: Views of South Mountain and Downtown Phoenix should be protected. Limiting height along the Baseline corridor should help preserve those views.
(7) Residential developments that abut the western or highline canals should have fifty percent of development along the canal at one story or fifteen feet in height. (P)
Rationale: Views of South Mountain and Downtown Phoenix should be protected. Limiting height along the canals should help preserve those views.
b. Single-family. All single-family developments (regardless of lot width) shall be subject to the single-family design review guidelines found in Section 507 Tab A. The following design guidelines shall apply to all single-family development unless otherwise specified. Where there is conflict between the guidelines within these two sections, the following guidelines will govern.
(1) There shall be a minimum of ten-foot spacing between each single-family home unless the homes are attached. Any walls or fencing shall be placed a minimum of five feet back from the front plane of the home. (R)
Rationale: There should be adequate space between homes to provide a visual separation and walls should be recessed to provide a streetscape that does not appear to be solid walls along the street.
(2) Front yard setback lines shall be staggered to allow a range of six feet offset with a minimum variation of two feet increments from house to house. No staggered setbacks are required where winding streets or clustered development achieve the same effect. (R)
Rationale: Staggered setbacks will promote diversity and provide a more interesting streetscape.
(3) Alternative garage locations shall be provided for ten percent of the homes in the development. (R)
Rationale: A mix of garage locations will promote streetscape diversity.
(4) Covered porches a minimum of sixty square feet in area at a depth of at least six feet shall be provided in the front yard of fifty percent of the homes in a subdivision. No porch shall terminate within the plane of a door or window. Clustered development shall provide the porch for a minimum of thirty percent of the homes in the cluster. (R)
Rationale: Activity in the front yard will increase the number of eyes focused on the street and improve safety. It will also provide a more open, neighborhood-friendly atmosphere.
(5) A common open space tract should be visible from the entry of the development. (P)
Rationale: Visual access of the open space from the entry of a development will enhance the appearance of the development from the street.
(6) Where a common open space is provided, fifty percent of the homes along the perimeter of the open space should be oriented toward the open space. (P)
Rationale: Residents should be able to enjoy the view of the open space.
c. Multiple-family development.
(1) Parking areas shall be distributed throughout the development and not concentrated along the perimeter of the development or at a single location within the development unless there is a single building for the development. (R)
Rationale: Scattered parking will bring residents closer to their unit and provide more visual interest.
(2) Multifamily buildings should be clustered around common open space. (P)
Rationale: Clustering around a common open space will create a park-like environment for residents to enjoy.
(3) A minimum of one-third of the dwelling unit buildings in a multiple-family development should not exceed one story or fifteen feet in height. (P)
F. Signs. Signage in the Baseline Area Overlay District shall be governed by the regulations applicable to signs as set forth in Section 705, except as modified by the regulations set forth in this subsection.
1. Prohibited signs.
a. Pole signs.
b. Backlit awnings.
2. Permitted signs.
a. Ground-mounted monument signs for single-family residential developments incorporated into the entry features provided they not exceed five feet in height and twelve feet in sign area or two signs on either side with a maximum sign area of eight square feet each. Signs a maximum of eight feet in height may be permitted through design review.
b. Commercial signage shall comply with Section 705, table D-1, the secondary low volume street classification.
c. Window signs may not exceed fifteen percent of the window area.
3. Design guidelines.
a. Natural materials such as wood and stone or materials that give the appearance of wood or stone should be incorporated into the sign construction. (P)
Rationale: Use of natural materials creates a more rural atmosphere.
b. Commercial signage shall include a minimum base size of eighteen inches.
Rationale: Signs are not legible at ground level.
Commercial Signage
Section 652. Arcadia Camelback Special Planning District Camelback Road Overlay District.
A. Purpose. Beyond wall height and setback standards for underlying residential zoning, the following provision allows variations along Camelback Road from 44th Street to the eastern City limits for the purpose of reducing the impact of Camelback Road on adjacent residentially zoned property.
B. Wall Provisions.
1. A six-foot high wall shall be allowed on any property line of residentially zoned property abutting Camelback Road, subject to:
a. Providing required visibility triangles at street intersections and at driveway openings;
b. Obtaining a construction permit.
2. Landscaping placed outside walls should be similar to existing Camelback Road landscaping themes and shall be from the Arizona Department of Water Resources Phoenix Active Management Area Low Water Using Plant List. Landscaping may also include citrus trees for property beyond the right-of-way. The landscaping plan is subject to Administrative Zoning Administrator approval. The property owner is responsible for the maintenance of the landscaped area.
3. Additional heights of walls may be permitted subject to a setback of four feet from the property line on Camelback Road for every one foot of additional wall height. Walls greater than six feet in height are subject to construction code provisions and require engineering review and a permit for construction.
4. Setbacks provided as prescribed in 3. above, may be averaged so that for the entire width of the subject property, an average setback is maintained.
5. Walls which meet the requirements of 1. and 3. above, may have the ability to wrap around corners at property lines. The extent to which these perpendicular walls wrap around corners shall be reviewed administratively by the Zoning Administrator for approval.
a. Perpendicular walls may be approved to a point equaling one-half of the distance between the wall parallel to Camelback Road and the required set back line for that location;
b. A finish treatment such as a column shall be placed at the end of all perpendicular walls;
c. Perpendicular walls shall be subject to providing required visibility triangles at street intersections and at driveway openings;
d. The applicant shall provide to the Zoning Administrator for administrative review original signed letters from adjacent property owners attesting that they approve of the plans for the wall to wrap adjacent to their property.
6. Except as provided in Section 7. below, wall height increases shall not be allowed beyond those which require a setback equaling one-half of the required side, rear or front yard setback at that location.
7. Additional wall heights, beyond those specified in sections 1. and 3. above, and the ability to wrap walls around corners for any walls which have additional height under the terms of this provision, shall be subject to the following conditions or limitations:
a. A use permit shall be obtained in accordance with the standards AND procedures of Section 307; and
b. In addition to the findings set forth in Section 307.A.7, the following conditions shall be met:
(1) Additional wall heights—May be allowed upon approval of a use permit and upon showing that average noise levels in either rear yard areas or portions of a lot beyond the front of the dwelling will exceed be reduced below sixty-five dB and that constructing a wall as allowed in sections 1. and 3. above at the location proposed, will not serve to reduce the reading below sixty-five dB. The decibel readings shall be when determined in accordance with current standards issued by the U.S. Department of housing and urban development.
(2) Wrap around walls—Walls which meet the noise mitigation requirement described in (1) above, may be constructed perpendicular to Camelback Road to wrap around corners of properties. The extent to which these perpendicular walls wrap around corners shall be reviewed and approved by the Zoning Administrator when obtaining the use permit.
(i) Perpendicular walls may of a height equal to that approved by the Zoning Administrator. The noise mitigation information submitted for the use permit application shall provide the Zoning Administrator with an analysis of the extent to which the dB reading can be reduced by the proposed perpendicular wall. In no circumstance shall the perpendicular wall extend beyond the setback from the property line required for that location.
(ii) A finish treatment such as a column shall be placed at the end of all perpendicular walls.
(iii) Perpendicular walls shall be subject to providing required visibility triangles at street intersections and at driveway openings.
(3) The applicant shall provide the following additional information in conjunction with the use permit application:
(i) Evidence that notice of the date, time, place and nature of the request has been sent by first class mail to each real property owner, for properties which abut the subject property.
(ii) Evidence that notice of the date, time place and nature of the request has been sent to all homeowners associations registered with the City located within the Arcadia Camelback Special Planning District Boundaries.
8. Subject to Administrative Zoning Administrator approval, the wall shall consist of a masonry material and the design shall include the following features:
a. Be of a masonry material;
b. Be designed to integrate with the design of nearby walls with regard to color; texture and material.
c. Include a cap or decorative reveal at the top of the wall;
d. Include columns set off at all wall openings to create a finished appearance;
e. For every thirty feet of wall, provide offsets or columns will be provided.
9. Should the Zoning Administrator grant approval for perpendicular wall wraps pursuant to section 5. and 7. above, Zoning Administrator shall carefully analyze adjacent landowner letters of approval or disapproval, and may make changes to ensure consistency of wall standards and design as Zoning Administrator deems appropriate.
10. In the event that the Zoning Administrator makes changes to ensure consistency of wall wraps pursuant to section 9. above, adjacent landowners and the Arcadia Camelback Mountain Homeowners Association shall be notified in writing of the proposed changes.
11. Wall heights on sloping land shall be determined by standards contained in Section 703 of the Zoning Ordinance.
Section 653. Desert Character Overlay Districts.
A. General Purpose of Desert Character Overlay Districts. The purpose of the Desert Character Overlay Districts is to implement the north land use plan, to define the nature of development while maintaining undisturbed areas, and to provide guidance for new development to occur within the context of the fragile undisturbed desert. The Desert Maintenance, Rural Desert and Suburban Desert Overlay Districts are designed in response to existing undisturbed conditions and pressures placed on them by increased development. The key to successful development within the three districts, which maintain interconnected undisturbed desert and washes, lies in analysis of individual subdivision sites before laying out the design of streets and lots.
The Desert Maintenance Overlay District is divided into Subdistricts A and B, as illustrated on Figure A, in order to address specific requirements of this area. Subdistrict A includes approximately one mile on both sides of the Cave Creek Wash and includes the area along the wash, that is not part of any Parks, Recreation and Library Department managed open space, such as the Sonoran Preserve. With the many washes to be maintained in an undisturbed condition crossing this area, Subdistrict A is intended to provide a transition from the preserve to areas with greater density. A very low density, scale and intensity of residential development characterize this area. The Desert Maintenance Overlay Subdistrict A is the least intensive with regards to density allowed and the most restrictive in order to maintain the fragile undisturbed areas and the wildlife corridor along the Cave Creek Wash. Subdistrict B is characterized by low density development which may be sited in clusters along with provision for an area to allow access to the Cave Buttes Recreational Area. Through clustering of development in this area the ability to maintain large connected undisturbed areas and washes becomes possible.
(Rural Desert Overlay District (to be completed at a later date))
(Suburban Desert Overlay District (to be completed at a later date))
Figure A. Desert Maintenance Character Districts
B. Desert Maintenance Overlay (Sub-Districts A and B).
1. Purpose and intent. The purpose of the Desert Maintenance Overlay Sub-Districts A and B identified on Figure A is to guide development that will blend with the undisturbed desert environment rather than dominate it. Desert Maintenance Overlay Sub-District A (Sub-District A), which is located along both sides of Cave Creek Wash, is a low density inhabited natural desert area that will provide a transition to higher density more intense land uses. Desert Maintenance Overlay Sub-District B (Sub-District B) is low density with provisions for access by the general public to the cave buttes recreational area.
The specific intent of the district, through associated regulations and design guidelines is to:
a. Allow development that will conserve the Sonoran Desert, as well as wildlife habitat and corridors providing connectivity, through use of site analyses in siting all buildings and facilities.
b. Ensure maintenance of wash corridors identified on the general plan land use map in an undisturbed state.
c. Ensure that identified view corridors are not obstructed.
d. Identify activity areas in Sub-District B where public access may be provided to the Cave Buttes Recreational Area.
e. Provide a transition between the undeveloped, undisturbed Cave Creek Wash and the areas of more intense residential and commercial development.
f. Identify a network of trails, both public and private, and access points to public trails, parks and recreational facilities.
These regulations provide standards for dwellings built at very low densities in Sub-District A as well as in low densities and higher density clusters in Sub-District B, and with low profiles to allow structures to disappear into the undisturbed desert vegetation. Emphasis is on creating development that will blend with rather than dominate the existing Sonoran Desert within the Desert Maintenance Overlay District as identified on Figure A (Desert Character District Map).
2. Applicability. The Desert Maintenance Overlay District applies to all land within the area as depicted on the Desert Character District Map (Figure A).
A site plan approved in accordance with Section 507 of the Zoning Ordinance is required for all development, plus adherence to the design guidelines and standards detailed below and in Section 507 Tab A of the Zoning Ordinance.
3. Previously zoned, subdivided, developed, or planned property. Property developed or subdivided under the underlying zoning district or having received preliminary site plan or subdivision approval, or under jurisdiction of a PCD (Planned Community Development) approval or specific plan or rezoned subject to conditions prior to the date of adoption of these regulations by City Council and not in conformance with the following list of regulations and standards set forth in this ordinance shall be considered to be conforming for purposes of future improvements. Property rezoned or developed or subdivided after the date of adoption of these regulations by City Council shall be governed by these regulations.
4. Permitted uses for Sub-Districts A and B. Land and structures in the Desert Maintenance Overlay Sub-Districts A and B shall only be used for the following purposes subject to the standards and procedures in Chapters 3 and 5 of the Zoning Ordinance and the regulations and special standards set forth herein. In the event there is a conflict these provisions shall prevail.
a. One single-family detached dwelling on any lot or parcel.
b. In Sub-District B attached dwelling units or condominiums are allowed as well as single-family detached dwelling units.
c. An accessory dwelling unit, when permitted, should have an architectural character and detailing consistent with the main residence.
d. Commercial uses shall be allowed in Sub-District B upon obtaining special permit zoning, in conjunction with primary and secondary access points to any open space managed by the Parks, Recreation and Library Department such as the Sonoran Preserve. Conditions of the special permit zoning include a requirement that the commercial use serve the needs of recreational users of the open space and that the architecture and structures blend with the desert environment. The following commercial uses are allowed:
•Bicycle sales and rental shops
•Horse stables
•Library
e. Elementary, middle and high schools in Sub-District B.
5. District regulations for Desert Maintenance Overlay Sub-District A.
a. Lots may vary in size based on the topography and any unusual natural features identified by the site analysis, with a minimum lot size of thirty-five thousand square feet allowed. Twenty-five percent of the lots in any development are to be greater than forty-five thousand square feet. No lot shall have a width of less than one hundred seventy-five feet or depth of less than two hundred feet. However, a flag lot may be allowed if it can be demonstrated to Planning and Development Department plan reviewers that the existing topography merits the maintenance of existing significant vegetation or topographical features in a natural undisturbed state. In the case of a flag lot, the access drive located in the pole portion of the flag should be a common drive easement shared with the adjacent parcel(s) if any.
b. Improvements, including driveways, shall be located within a building envelope, occupying thirty percent of the lot up to a maximum of twenty thousand square feet area of the lot area, whichever is less. The building envelope may require greater setbacks than the minimum standards stated below due to natural elements on the site to be maintained in an undisturbed condition such as rock outcroppings, significant stands of vegetation, and/or specimen trees or saguaros. Location of the building envelope on the site shall be determined through review of the required site analysis and landscape inventory by the Planning and Development Department. The minimum setbacks defined in this ordinance are not grounds for any increases in the building envelope. The potential building envelope or gradeable area must be identified on all design review submittals. lots to be developed with building envelopes are to be designated as desert lots (DL) (PR) on the site plan and final subdivision plat. The area outside of the building envelope is to remain permanent undisturbed open space and to be designated as such on all plans submitted to the City of Phoenix.
Figure B. Building Envelope
c. There shall be a minimum twenty-five-foot setback from any property line for the building envelope that shall remain undisturbed natural desert except for the allowed driveway.
d. There shall be a maximum building height of one-story or twenty-two-feet measured to the top of the parapet or to the top of the ridge on sloping roofs. Single slope "shed" roofs shall conform to the height designated for flat roofs. The residence may be sited below grade and include basements to gain additional square footage. A chimney may be constructed to a maximum of three-feet above the highest point of the structure.
Method for measuring building height in this district:
Building height shall be measured by passing a plane vertically through the building or individual building mass at any point from existing natural grade to the highest point of the structure at the plane.
Figure C. Building Height
e. When the building envelope is not designated on a final subdivision plat, a site or plot plan showing the building envelope is required for each lot, to be approved through the Planning and Development Department in accordance with these regulations and design guidelines. Area outside of the building envelope is to remain permanent undisturbed open space and to be designated as desert lots (PR) on all plans submitted to the City of Phoenix.
f. There shall be parking provided as required in Section 702 of the Zoning Ordinance. In addition for Sub-District A, a minimum of two guest parking spaces shall be provided on the lot. All required parking and maneuvering areas must be within the limits of the building envelope in Sub-District A and all parking shall be screened from public view and view from adjacent property through use of landscape and/or walls.
h. Driveways to individual lots or parcels shall be limited to a maximum of sixteen feet in width. Common access drives for two or more lots or parcels shall be limited to twenty feet in width.
i. For Sub-District A and large lot development in Sub-District B, the developer shall show the location for utility runs on the landscape salvage/conservation plan or on a plot plan. These are to be located along the side of driveways or in locations to minimize the impact on the natural undisturbed desert.
j. Streets within both Desert Maintenance Overlay Sub-Districts shall be designed to meet rural street standards as developed by the Street Transportation Department and approved by City Council.
k. Rural lighting standards shall apply as defined by the street lighting policy adopted by the City Council. The light source shall not be visible from within adjacent property building envelopes.
l. Desert washes and related habitat corridors shall be designated according to the following minimum criteria. Allowance is to be made for wash migration overtime using the most current acceptable method for watercourse management. (It is not the intent of the following criteria to replace requirements by other flood control agencies).
(1) Regional wash corridors: Flows of seven hundred fifty cfs or greater. Characterized as large and picturesque. Designation as drainage/vegetation tract is required along this type of wash at the one hundred-year rainfall inundation as determined by the drainage design manual of Maricopa County or fifty feet from top-of-uppermost bank hinge whichever is greater. The area within this boundary is to be maintained as permanent undisturbed open space with the exception of wash crossings.
(2) Primary washes: Flows of fifty cfs or greater during the one hundred-year storm. Designation as drainage/vegetation tract is required along this type of wash at the one hundred-year rainfall inundation as determined by the drainage design manual of Maricopa County or at an average fifty feet from top-of-uppermost bank hinge, with a twenty-five-foot minimum, whichever is greater. The area within this boundary is to be maintained as permanent undisturbed open space with the exception of wash crossings.
Figure D.
(3) Secondary washes: Flows from ten cfs to fifty cfs during the one hundred-year storm event. Setbacks for any structures, fences or walls shall be no less than an average of twenty-five feet with a minimum of ten feet from the wash top of the uppermost bank hinge. A secondary wash is to be maintained undisturbed and incorporated into the site design as an amenity.
Figure E.
(4) Minor washes: Flows less than ten cfs during the one hundred-year storm event. Washes this size, not supporting any significantly thriving vegetation as determined by the Planning and Development Department, may be removed. Where significant vegetation does exist, washes shall be maintained in existing condition or flows may be accommodated in another acceptable way as determined by the Planning and Development Department. Setbacks for any structures, fences or walls shall be a minimum of ten feet.
m. Street patterns and lot design shall allow direct access to washes or open space areas for maintenance of annual and non-native vegetation to prevent fire hazards and allow fire department access in case of fire. Design methods may include a combination of single loaded streets and/or open spaces between lots. Points of access should be a maximum of six hundred feet apart with openings a minimum of thirty-five feet wide to allow for fire breaks and access. Openings are to be landscaped and shall maintain an access way twelve feet sixteen feet wide for fire department equipment. Rather than provide a straight line route to wash or open space, the access way shall meander somewhat through the landscaped area. The twelve-foot sixteen-foot wide access way shall be natural decomposed granite with groundcover and shall blend in with the landscaping. An effort should be made to align fire hydrants with access points (refer to graphic below).
Figure F.
n. Access improvements to sites over scenic vista and major washes in Sub-Districts A and B using bridges, culverts or dip sections shall provide for the one hundred-year storm event, shall include a means for sediment and debris removal, and when appropriate, meet trail standards as developed by the Parks, Recreation and Library Department (PRLD).
o. Individual lot grading plans shall be submitted for review and approval by the Planning and Development Department (DSD) for lots in Sub-District A and lots above eighteen thousand square feet in Sub-District B.
p. A slope analysis identifying slopes five percent and greater in categorical increments of five percent is required. Section 710 (hillside ordinance) shall apply to all lots designated as hillside, with slopes of ten percent and above, with exception of Section 710.B.2 of said ordinance. design guidelines and standards of this ordinance shall also apply as well as those applicable under Section 507 Tab A of the Zoning Ordinance. In the case of conflicting regulations or guidelines the more restrictive shall prevail.
q. A site analysis shall be required with any rezoning application or, if developing under existing zoning, with the planning and development preliminary submittal. The site analysis is a tool to assist in determining areas to be retained in a natural undisturbed state and areas that may most easily be developed, which include areas with minimal vegetation or previously graded areas. Areas proposed for development by the applicant are to be identified on the plans through use of concept diagrams. Similarly, areas to be maintained in an undisturbed state are also to be identified on all plans. Planning and Development Department staff shall review the applicant’s proposal and approve or make modifications for approval with regard to conceptual construction areas, areas to remain undisturbed, and road corridors. The site analysis shall include a current aerial photo at a scale of one-inch equals one hundred feet, or as determined by staff, with the following information included on acetate or similar overlays:
(1) Land contours at two-foot intervals or smallest interval available.
(2) Wash corridors and preliminary hydrological information (cfs flows, onsite and off-site, and velocity).
(3) Identify specimen plants and significant stands of vegetation.
(4) Identify potential view corridors.
(5) Identify potential development areas.
(6) Identify potential street alignments.
(7) Identify the one hundred year floodplain boundary as defined by the Federal Emergency Management Act (FEMA) and one hundred year twenty-four-hour flow boundaries for washes not addressed by FEMA.
(8) Provide evidence of a record check through the Arizona State Museum for archeological sites and identify if any.
(9) Provide a hydrology study to be reviewed by Maricopa County Flood Control District or other consultant.
(10) If considering the use of basements, provide a geotechnical review for soils to illustrate the site suitability for basements.
(11) Identify and coordinate City trail locations using the City’s recreational trails plan available from the PRLD.
r. Perimeter walls or fences around the development site or individual lot lines shall not be allowed. Walls or fences may be located around the building envelope only and shall give the appearance of disappearing into the desert as they integrate into the desert vegetation.
Figure G.
s. Model homes are allowed prior to recording a subdivision plat, subject to submitting a final plat which shall show the following information for each model home lot as well as meet other requirements of this section and Section 608.E.19.
(1) Street addresses for each model home as assigned by the Planning and Development Department.
(2) Finished floor and natural elevations for each model home as assigned by the Planning and Development Department.
(3) Proposed lots for model homes shall be in conformance with lot lines as shown on the approved preliminary plan.
(4) Each model home shall be located on each proposed lot in conformance with yard requirements of this overlay district.
(5) A native plant inventory and salvage plan for the model home lot shall be reviewed and approved by the Planning and Development Department landscape architect.
(6) A slope analysis identifying slopes five percent and greater in categorical increments of five percent. Section 710 (hillside ordinance) shall apply to all lots designated as hillside, with slopes of ten percent and above, with exception of Section 710.B.2 of said ordinance. Design guidelines and standards of this ordinance shall also apply as well as those applicable under Section 507 Tab A of the Zoning Ordinance. In the case of conflicting regulations or guidelines the more restrictive shall prevail.
(7) A site analysis, which shall show all undisturbed formations and pre-existing conditions, including washes, previously graded areas, rock outcrops, significant stands of vegetation, and any other unusual or outstanding feature. This analysis also shall include an on-site and off-site hydrology study.
t. All development in Sub-Districts A and B shall use plant materials as identified in the three plant material lists under section 4: plant material management, of the area C & D zoning guidelines manual draft, dated September 1995. These plant lists were developed through joint effort with the Planning and Development Department, Desert View Village Planning Committee and Desert Botanical Gardens. The plant material lists include:
(a) Sonoran Native Plant List for critical landscape areas,
(b) American Southwest Deserts Plant List for public areas, and
(c) Sonoran Image Plant List for private landscape areas.
6. District regulations for desert maintenance overlay Sub-District B.
a. All regulations identified under the previous section 5 of this ordinance for Sub-District A shall apply for lots of eighteen thousand square feet or greater in size developed in Sub-District B, except as identified below.
b. Unless underlying zoning is more restrictive, minimum lot size allowed for single-family detached housing (building envelope required) is eighteen thousand square feet.
Density may be increased to five dwelling units per acre maximum (based on gross acreage) when using cluster design. Criteria for cluster housing to include the following at a minimum:
(1) Attached single-family housing in patio home, townhouse or condominium format.
(2) Include a centrally located common amenity such as a swimming pool.
(3) Densities above three dwelling units per acre shall be located on a minimum parcel or subdivision size of forty acres.
(4) Maximum of ten dwelling units per cluster.
Figure H.
c. Building height is limited to twenty-two feet except that twenty-five percent of the building footprint square footage may be a maximum of twenty-six feet high and ten percent of the building footprint square footage may be a maximum of thirty feet high. Building height shall be for an individual single-family detached unit or for a single building with several attached units. The method for measuring building height in Sub-District B is the same as for Sub-District A as defined by 5.D of this ordinance.
d. Fifty percent of the development site’s gross acreage shall remain as permanent undisturbed open space.
e. Residential development within the area of the overlay Sub-District B should use a cluster development concept in order to maintain undisturbed desert in a natural state, including washes and topographical features. Cluster development shall be designed to be efficient and functional, yet provide for the aesthetics of the natural Sonoran Desert as an amenity to the development. Area outside of the building/construction envelope shall remain permanent undisturbed open space and shall be designated as such on all plans submitted to the City of Phoenix. (Figure I)
Figure I.
f. Cluster grading plans shall be submitted for review and approval of the Planning and Development Department for sites in Sub-District when developing a cluster development concept.
Figure J.
g. A slope analysis identifying slopes five percent and greater in categorical increments of five percent is required. Section 710 (Hillside Ordinance) shall apply to all lots designated as hillside, with slopes of ten percent and above, with exception of Section 710.B.2 of said ordinance. Design guidelines and standards of this ordinance shall also apply as well as those applicable under Section 507 Tab A of the Zoning Ordinance. In the case of conflicting regulations or guidelines the more restrictive shall prevail.
h. Model homes are allowed prior to recording a subdivision plat, subject to submitting a final plat which shall show the following information for each model home lot as well as meet other requirements of this ordinance and Section 608.E.19.
(1) Street addresses for each model home as assigned by the Water Services Department.
(2) Finished floor and natural elevations for each model home as assigned by the Planning and Development Department.
(3) Proposed lots for model homes shall be in conformance with lot lines as shown on the approved preliminary plan.
(4) Each model home shall be located on each proposed lot in conformance with yard requirements of this overlay district.
(5) A native plant inventory and salvage plan for the model home lot shall be reviewed and approved by the Planning and Development Department landscape architect.
(6) A slope analysis identifying slopes five percent and greater in categorical increments of five percent. Section 710 (Hillside Ordinance) shall apply to all lots designated as hillside, with slopes of ten percent and above, with exception of Section 710.B.2 of said ordinance. Design guidelines and standards of this ordinance shall also apply as well as those applicable under Section 507 Tab A of the Zoning Ordinance. In the case of conflicting regulations or guidelines, the more restrictive shall prevail.
(7) A site analysis, which is to show all undisturbed formations and pre-existing conditions, including washes, previously graded areas, rock outcrops, significant stands of vegetation and any other unusual or outstanding feature. This analysis shall also include an onsite and off-site hydrology study.
i. On lots eighteen thousand square feet and larger, all improvements, including driveways, shall be located within the building envelope, occupying nine thousand square feet or fifty percent of the lot up to a maximum of twenty thousand square feet, whichever is less. The building envelope may require greater setbacks than those indicated in Sub-District A of this ordinance, due to natural elements on the site such as specimen vegetation, significant vegetation or topographical features. Location of the building envelope on the site shall be determined through review of the required site analysis and landscape inventory by the Planning and Development Department. The minimum setbacks defined in this ordinance are not grounds for any increases in the building envelope. Lots to be developed with building envelopes shall be designated as desert lots (DL) (PR) on the site plan and final subdivision plat. Area outside of the building envelope shall remain permanent undisturbed open space and be designated as such on all plans submitted to the City of Phoenix.
j. In the event numerous minor and/or braided washes cross a parcel in Sub-District B (other than major wash corridors identified on the general plan land use map), consolidation of the washes may be considered in order to provide for cluster type development if it can be demonstrated to the Planning and Development Department to be the only solution to handle drainage across that area of the site. If this is done, the consolidation shall be done in a naturalistic manner and shall be vegetated with native materials to provide vegetation coverage consistent with existing vegetation in the context area as approved by the Planning and Development Department.
k. All development in Sub-Districts A and B shall use plant materials as identified in the three plant material lists under section 4: plant material management, of the area C & D zoning guidelines manual draft, dated September 1995. These plant lists were developed through joint effort with the Planning and Development Department, Desert View Village Planning Committee and Desert Botanical Gardens. The plant material lists include:
(a) Sonoran Native Plant List for critical landscape areas,
(b) American Southwest Deserts Plant List for public areas, and
(c) Sonoran Image Plant List for private landscape areas.
l. Commercial regulations in Sub-District B.
(1) In Sub-District B commercial development shall locate only in the area of a primary or secondary type access point to the Sonoran Preserve as described in the Sonoran Preserve Master Plan as adopted by City Council. The commercial development shall be located within one thousand feet of a primary access point and within five hundred feet of a secondary access point. A master site plan for the one thousand-foot radius around the access point and/or the five hundred-foot radius shall be submitted upon initial commercial development and shall provide conceptual uses for the site.
(2) For commercial development, a site plan shall be required in accordance with Section 507 of the Zoning Ordinance. Commercial design guidelines as defined in Section 507 Tab A and the general design guidelines of this ordinance shall apply. In the event of a conflict in guidelines the more restrictive shall apply.
(3) Commercial development shall use the site analysis and landscape inventory to determine the building/construction envelope for the building, parking area, driveway, and all accessory buildings. Area outside of the building/construction envelope shall remain permanent undisturbed desert.
(4) Lot coverage allowed for building, parking, driveways, and accessory buildings is fifty percent with fifty percent of the parcel’s gross area maintained as permanent undisturbed desert.
(5) Building height shall be limited to twenty-two feet for commercial development in Sub-District B.
(6) Construction envelope setbacks shall be fifty feet in the front yard. Side and rear yard setbacks for the overall master planned limited commercial node shall be limited to the exterior boundary of the master planned area. This shall be a minimum of fifty feet. Side and rear yard setbacks for interior parcels may be zero so that building development may occur in clusters. The Planning and Development Department shall base placement of the construction/building envelope on the results of the site analysis and a determination of the location of any significant vegetation, specimen vegetation and/or topographical features such as washes.
(7) Commercial development shall locate on a collector street at minimum.
(8) Parking areas for commercial development shall be landscaped with landscape material from the Sonoran Native Plant List (List A) and shall have twenty-five percent landscape area over the parking area, including drive aisles. A minimum fifty percent of required landscaped area is to be living vegetation. This plant material shall be maintained in a healthy condition. Parking shall not comprise more than forty percent of the front yard behind the required landscaped setback.
(9) Lighting for limited commercial development shall be low level and of a pedestrian scale. (twelve feet or less)
(10) Signage shall be minimal and shall consist of either wall signs or monument signs. Wall signs shall not exceed eight feet in height and monument signs no greater than four feet in height. Area allowed is thirty square feet for both sides of a monument sign and fifteen square feet for a wall sign.
(11) Schools shall be subject to the same standards as limited commercial development in this ordinance with the exception of building height. Building height for schools shall comply with building height standards for residential in Sub-District B.
(12) A site analysis is required with rezoning to special permit for commercial uses.
7. Design guidelines and standards for desert maintenance overlay Sub-Districts A and B. The general guidelines for design review as found in Section 507 Tab A of the Zoning Ordinance shall apply in the Desert Maintenance Overlay District. If the guidelines of this section conflict with the guidelines of Section 507 Tab A, the guidelines of this section 7 shall prevail.
The design guidelines described below indicate specific implementation standards and consist of requirements, presumptions and considerations. Guidelines shall be administered in the manner specified in Section 507 of the Zoning Ordinance. Each guideline is followed by a (r) (p) or (c), which notes a requirement, presumption, or consideration, respectively. If a requirement (r) or presumption (p) is in conflict with any underlying district provision, it may be followed without obtaining a variance or use permit. Relief desired from a requirement (r) is subject to a variance through the Zoning Administrator. Appeals to presumptions (p) are to be heard by the Design Review Appeals Board.
Unless otherwise indicated in the guideline, all design guidelines listed below apply to both Sub-Districts A and B of the Desert Maintenance Overlay Districts.
a. Before rezoning of any site may occur a site analysis shall be submitted with the rezoning application to the Planning and Development Department to be reviewed as part of the zoning application as defined in paragraph (r).
Rationale: To preserve natural undisturbed desert and archeological features when developing property, it is necessary to evaluate existing conditions on the property. In this way, areas that are appropriate to develop will be identified as well as those areas to be preserved in a natural undisturbed state.
b. Properties developing under existing zoning, a site analysis shall be submitted to the Planning and Development concurrent with materials required by that department for a pre-application meeting as defined in paragraph b. 5.q. (R)
Rationale: In order to effectively and aesthetically design a site in the natural undisturbed desert area and preserve a significant portion of the undisturbed area, a parcel or lot required evaluation to determine the best location for developable area on the site.
c. Desert washes.
(1) Wash corridors containing regional, primary, or secondary washes shall be maintained as permanent undisturbed open space and incorporated into the site design, except at wash crossings which must be restored as closely as possible to a natural appearing state, both upstream and down, in accordance with plans approved by the Planning and Development Department. (R)
Rationale: Maintaining wash corridors in an undisturbed state furthers the goals of the north land use plan for the Sonoran Desert as well as provides an established amenity to the homeowners.
(2) In instances where stabilizing materials are necessary, or walls used to retain one hundred-year flows, the materials should be integrally colored to blend with the desert in the area used. This applies to wash crossings in Sub-District A and for all improvements in Sub-District B, with the exception of street curbs which may be integrally colored or uncolored. (p)
Rationale: Manmade alterations are to be as unobtrusive as is possible so that the visual sense of the desert remains uninterrupted.
(3) Rip rap or other rock type erosion control should be naturally contoured and revegetated. Spaces between rocks are to be provided to accommodate small desert plants and shrubs. (P)
Rationale: This method will provide the necessary engineered erosion control yet create a more natural looking drainage way in order to preserve the scenic qualities of the undisturbed desert.
d. Site grading and drainage.
(1) All lot grading must occur within a parcel or lots building or construction envelope. This area is to be fenced with chain link construction fencing a minimum of five feet high or equivalent fencing as approved by staff, with one access point provided that is located where the drive or driveway will be located. All parties involved in construction shall be made aware of the fence and the reason for it. Construction fence is to remain intact until completion of construction or until a building envelope wall is constructed. (R)
Rationale: In order to preserve fragile undisturbed desert vegetation and habitat it is necessary to restrict activity outside of the building envelope.
(2) Solid walls around the entire building envelope, exclusive of privacy/pool walls/fences, should not be continuous and should be low level (four feet or less). Privacy/pool walls/ fences may extend along up to thirty percent of the building envelope boundary. All area outside of the building envelope is to be maintained, as permanent undisturbed desert except as noted in other guidelines for sparsely vegetated areas. Construction can not encroach into the area outside of the building envelope. Building envelope walls should be incorporated into or reflect the architectural design of the residence. (P)
Rationale: Much of the residential development that has occurred in desert areas in the past has minimized perimeter walls in order to open the residence up to the desert environment. Minimizing walls will enhance both long distance and localized views for residents by allowing the enjoyment of distant mountain as well as the localized activity of native desert dwelling creatures.
Figure K.
(3) Visible slopes must be sculpted in shape and landscaped to imitate an undisturbed condition. These are to be located inside the building or construction envelope and are to be a maximum of 4:1 slopes. (P)
Rationale: Manmade changes in the site need to blend with the undisturbed desert to enhance the desert aesthetics.
(4) Disturbances, including excavation or fill, shall not be permitted within the permanent natural desert area outside of the building envelopes in Sub-District A. (R)
Rationale: In an effort to maintain the desert in a natural undisturbed condition, disturbances can not occur outside of the lot or parcel building or construction envelope.
(5) In Sub-District B disturbances outside of the building envelope, including removal of vegetation and excavation or fill, should not be allowed. Retention areas may be necessary in Sub-District B but should be minimized or avoided when other options are available that will not adversely impact the areas outside of building and cluster envelopes. (P)
Rationale: In an effort to maintain the desert in a natural condition, disturbances should not occur outside of the lot or parcel’s building envelope.
(6) Access drives, driveways and the building envelope should be sited to minimize grading and disturbance of native vegetation, washes and topographical features. (P)
Rationale: Access drives, driveways and building envelopes can be sited in logical locations that disturb little of the undisturbed desert features in order to preserve undisturbed desert and provide a mature amenity to residents of the desert area.
(7) Shared access drives for two or more lots or parcels may be encouraged whenever possible. (C)
Rationale: In order to preserve as much undisturbed desert area as possible, access drives could serve two or more lots or parcels.
Figure L.
(8) Private driveways in Sub-District A should be composed of stabilized decomposed granite indigenous to the area or matching in color. If used, an edging, of a compatible color, is to be provided to keep the decomposed granite contained in the driveway. (P)
Rationale: In an effort to minimize the visual effect of residential development in the Sonoran Desert and reduce some heat gain, driveways can be designed to blend with the desert by use of indigenous or matching decomposed granite combined with a stabilizer.
(9) Building pads should follow the natural undisturbed contours of the site. In the case of sloped property they should be stepped to follow the site topography. Also, the use of stem walls should be encouraged. (P)
Rationale: Following the contours of the land by stepping the pads or use of stem walls is sensitive to the undisturbed desert environment, as well as creates a more aesthetically pleasing environment.
Figure M.
e. Native Sonoran Desert vegetation shall not be pruned or removed from areas identified as permanent undisturbed open space or outside of building/construction envelopes. Dead trees or cacti are not to be removed unless they are within a distance where, if they fall, they may cause harm to improvements within the built environment. No grading or other disturbance shall occur within such areas. Naturally occurring topographical features, including washes, shall remain in an undisturbed condition. Natural or stabilized decomposed granite surface trails shall be allowed, with the location hand raked so mechanized equipment does not disturb surrounding vegetation. Utility line installation shall be allowed with minimal disturbance necessary and restoration of the disturbed area mandatory. (R)
Rationale: Sonoran Desert wildlife is dependent on the habitat created by the native vegetation as it occurs in the natural environment. Dead trees, fallen saguaros and low growth on trees provide cover for a variety of native wildlife.
f. In siting and designing a residence, the residence may consist of a minimum of three main interconnected building masses of varying heights to improve aesthetic interest and mirror the varying heights of the adjacent desert vegetation. Refer to figure N. (C)
Rationale: For a residence to blend with the undisturbed, natural topography and vegetation, the designer of the residence may consider mirroring the height of the adjacent natural undisturbed environment.
Figure N.
g. In siting for development in Sub-District B, potential access points to the Cave Buttes Recreational Area and related facilities should be identified and coordinated with the Parks, Recreation and Library Department. (P)
Rationale: Access to the Cave Buttes Recreational Area for future users of the trail systems within the recreation area should be provided as the area develops. Facilities required may include parking areas, equestrian staging areas, restrooms, and other related facilities. These should be located outside of a Sonoran Preserve in order to preserve undisturbed wildlife habitat and Sonoran Desert along the Cave Creek Wash and in the Cave Buttes Recreational Area. The potential access locations can be identified through the site analysis.
h. Surface drainage should not drain to adjoining parcels or undisturbed Sonoran Desert areas outside the building envelope except as established by existing undisturbed washes and exit flows should not be greater than flows entering the site. (P)
Rationale: Any retention that may be necessary should be accommodated within the building envelope within the private yard area in order to avoid erosion of off-site or undisturbed areas.
i. Where trails and wildlife corridors are provided they should be identified on all plans submitted to the City and state how they relate to offsite public trails and wildlife corridors. (P)
Rationale: To be more useable, a network of public trails and wildlife corridors is necessary. A network will eliminate the islands that have been created in the past and will enhance diversity and sustainability of wildlife as well as provide more trails so that overuse of small areas will not be as likely.
j. If an area on a lot outside of a building envelope (that is to be permanent undisturbed open space) is damaged during development or construction, it is to be restored to blend with the immediately adjacent desert area. It can be supplemented only with indigenous plants from the Sonoran Native Plant List A. (R)
Rationale: The permanent natural open space outside of the building envelope is to be kept in a natural undisturbed state and is not to be disturbed in any manner. However, it is understood that sometimes disturbance may occur. On those occasions the area must be restored to resemble the surrounding desert as closely as possible.
k. Vegetation within the building envelope but still visible from the public realm is to be selected from the Sonoran Native Plant List (List A) or American Southwest Deserts Plant List. (List B) (R)
Rationale: Areas within the building envelope may still be visible from the public realm and from adjacent residences. To fit into the context of native desert plants, surrounding the building envelope, those plants indigenous to the area should be continued into the building envelope. some plant materials from the acceptable arid plant list may begin to be introduced into the building envelope.
l. The private area located within the building envelope, which would typically be the rear yard or a courtyard, shall only contain plants from the Sonoran Image (List C) Plant Lists. Areas containing plants from the Sonoran Image Plant List shall not be visible to the public or adjacent residents. Palm trees shall not be allowed. (R)
Rationale: More lush plant materials may be appropriate when used in context of a private patio or courtyard that is not visible to the public. Plants from the American Southwest Deserts and Sonoran Image Plant Lists are among those more lush and would not be found in the Sonoran Desert. These would be inappropriate in visible locations in the Desert Maintenance Overlay Sub-Districts A and B, which are targeted with maintaining the aesthetics of the undisturbed desert and its native plant species.
m. Building and wall colors should be muted and blend with rather than contrast with the surrounding desert environment. A color palette should be provided to the Planning and Development Department for review and approval. Reflective materials should not be used. accent colors should be used judiciously and with restraint. (P)
Rationale: The goal of the Desert Maintenance Overlay District is to maintain the character of the Sonoran Desert, which includes the muted desert colors.
n. On residential parcels contiguous to open space areas managed by the Parks Recreation and Library Department (PRLD) such as the Sonoran Preserve, neighborhood access to those areas for those residents in the immediate neighborhood should be coordinated with the PRLD and located approximately every quarter mile. (P)
Rationale: A public trail system will be incorporated into City owned parks and open space areas managed by the PRLD, such as the Sonoran Preserve. This should be easily accessible by hikers and equestrians living within walking distance of these areas as well as by those living directly adjacent to them.
o. Improvements to access points to open space areas managed by the Parks, Recreation and Library Department (PRLD), such as the Sonoran Preserve, shall be approved by the PRLD. (P) (R)
Rationale: The PRLD administers activities and facilities within the preserve and other City of Phoenix Parks and Park Facilities. Through their master planning process they are able to plan the types of improvements necessary with each access point.
p. The exposed portion of retaining walls should be kept at a minimum. (P)
Rationale: When retaining walls are necessary along a building envelope boundary, alternative designs may be necessary and may include locating the wall further into the building envelope and providing a native landscape 4:1 slope from the outer edge of the building envelope to the wall in order to soften the appearance and better blend into the desert vegetation.
q. Salvaged plant and landscape material should be used on-site. (P)
Rationale: The revegetation/salvage plan will define where plant material is to be used on the site. Should there be excess plant material as identified by the revegetation plan, the plant material should be offered to the individual lot owners or if it can be shown all areas of use are exhausted, may be offered for sale off-site.
r. In Sub-District B parking may be screened from public view and view from adjacent property through use of landscape and/or low walls. (C)
Rationale: In order to eliminate the potential for glare from automobiles and enhance the natural desert, guest parking areas could be screened from view.
s. Areas identified through the site analysis as burned or previously damaged, outside of the building envelope to be designated as permanent undisturbed open space, should be enhanced with a variety of additional native vegetation as identified on the Sonoran Native Plant List (List A), in keeping with the type, size quantity and spacing in the context area or a hydromulch consisting of native seed mix may be substituted for container plants. In selecting, keep in mind the intent is to allow the plants to grow in a natural manner. Plant material added to an area will require an artificial water source until established and should be able to maintain itself within three years. (P)
Rationale: Several areas have experienced fires in the past, or some other type of disturbance. For individual lots, developed with building envelopes and areas outside of the building envelope remaining undisturbed, to achieve the appearance of the adjacent more heavily vegetated areas, the addition of native vegetation is necessary.
t. No development shall restrict nonmotorized access to open space areas managed by the parks, recreation and library department, such as the Sonoran Preserve, by erecting barriers to the open space.
Rationale: Open space areas are to be accessible to all.
u. Residential neighborhoods should be encouraged to have nonmotorized access from the yards to open space areas managed by the Parks, Recreation and Library Department (PRLD), such as the Sonoran Preserve. (C)
Rationale: Public accessibility to open space areas managed by PRLD is essential in order to reinforce the public nature of these areas.
v. Significant views of public undisturbed permanent open space from contiguous public spaces including streets and open spaces as identified through the site analysis process should be maintained. (P)
Rationale: Views of the undisturbed Sonoran Desert should be enhanced as part of the public realm.
w. Cluster housing guidelines:
(1) Provide house design with sufficient variation in elevations and access to garage entries while maintaining an identifiable image for the development project. As an example, this could be accomplished through variation of architectural materials and details with a combination of front, side and rear garage entries, yet provision of an overall architectural theme such as pueblo style with flat parapet roofs. (P)
Rationale: Providing variety in design and access will allow for more interesting streetscapes within a community.
(2) Cluster subdivisions may use shared driveways to provide access to each unit in the cluster. Shared driveways shall have a minimum width of twenty-four feet at the intersection with public streets or private accessways and may transition to a minimum width of twenty feet within each cluster, and be maintained by a homeowners association. (P)
Rationale: The common interior area of clusters functions as a private space used primarily to benefit residents and their guests. As such, this area should be maintained by a homeowners association.
(3) Shared driveways within individual clusters should be differentiated from adjacent public streets or private accessways by stabilized decomposed granite, a strip of decorative pavers, stamped or colored concrete or materials other than those used to pave adjoining streets. (P)
Rationale: Paving in the common interior area of a cluster should be different from adjoining streets. A change in material indicates that the area is semiprivate and may be used for purposes other than automobile traffic.
(4) Shared driveways within individual clusters should be a maximum of one hundred fifty feet in length, measured from curb line at the intersection with the public street or private accessway to termination of the shared drive. (P)
Rationale: The length of a cluster driveway must be limited to accommodate safe ingress and egress requirements of emergency vehicle apparatus, provide reasonable distance for utility connections and to provide reasonable walking distances to the dwelling units at the rear of the cluster.
(5) Cluster developments should provide a minimum of three parking spaces for each unit in the cluster, with at least one space per unit being non-exclusive and located within one hundred fifty feet of the cluster as measured from curbline at the intersection with the public street or private accessway to termination of the shared drive. (P)
Rationale: Cluster developments, because of their configuration, cannot typically furnish parking as provided in the traditional single-family homes fronting on local streets. Sufficient parking for residents and guests should be provided inside and outside the cluster. Parking provided outside the cluster should be close enough to the cluster so that guests are within reasonable walking distance.
(6) If additional parking is provided internal to the cluster, driveways to accommodate such parking should be a minimum of eighteen feet long and a minimum of eight feet wide/per garage bay. If the garage door of any unit faces on a private accessway or public street serving other clusters in the subdivision, then a minimum of eighteen feet must be provided between the back of sidewalk (or curb, if no sidewalk) to the face of the garage door. (P)
Rationale: A length of eighteen feet is sufficient to park a typical vehicle without encroaching into a sidewalk or maneuvering area internal to a cluster. This provides more safety for pedestrians and motorists in the cluster development.
(7) Each dwelling unit driveway in the cluster should be designed such that each driver backing a mid-size passenger vehicle out of the driveway can maneuver with one turning movement in order to exit the cluster and vehicles entering a garage can drive into the garage without having to back up. Driveways for sixty percent of the units in each cluster should be designed such that a large size vehicle may back out with one turning movement in order to exit the cluster without backing into the public street or private accessway as determined by the Planning and Development Department. (P)
Rationale: Residents of each unit in a cluster expect convenience (as in a traditional single-family home) when entering or exiting their garages. Additional turning movements can increase the chance of accidents internal to the cluster.
(8) Clusters are to be clearly illustrated on the site plan. (P)
Rationale: Residents of units in a cluster will be required to wheel trash and recycle containers to the public street or private accessway for collection, if City collection is provided. A reasonable distance to wheel the containers is desired for the convenience of residents.
(9) Lighting internal to the cluster should be from wall lights incorporated into the architecture of the units. (P)
Rationale: Lighting internal to the cluster is necessary to illuminate common areas, define driveway locations and provide a level of safety for residents in the cluster.
(10) Surface water drainage should not be allowed to pass from one cluster to another over the shared driveway of another cluster. Surface water drainage from individual clusters, however, may pass over the driveway for that respective cluster. (P)
Rationale: The interior space of a cluster is perceived as private space for the residents of the cluster.
x. Commercial guidelines.
(1) No development shall restrict access to open space areas managed by the Parks, Recreation and Library Department (PRLD), such as the Sonoran Preserve, by building to the edge or erecting a barrier along the edges that would prevent nonvehicular access to these areas. (P)
Rationale: Commercial development adjacent to open space areas managed by the PRLD, is to serve the needs of recreational users of these areas and allow access to them.
(2) Commercial developments that are adjacent to open space areas managed by the Parks, Recreation and Library Department (PRLD), such as the Sonoran Preserve, and that provide unrestricted access to their sites from public streets, shall also provide public access from the open space areas to the commercial sites during public hours of operation to promote use of alternative modes of transportation. (P)
Rationale: Commercial development adjacent to open space area managed by PRLD is to serve the needs of recreational users of these areas and allow access from them to the commercial development.
(3) Commercial development shall use plant materials selected from the Sonoran Native Plant List. (List A). (R)
Rationale: The overall landscape character of development is to be appropriate to the Sonoran Desert and continue the natural areas adjacent to the Cave Creek Wash.
(4) Commercial development lighting shall not shine directly onto nor shall the light source be visible to, private residential property. Light intensity shall not exceed one foot candle at the residential property line. (R)
Rationale: Commercial development is to blend into the desert as residential development does and shall not impact negatively on adjacent residential development or undisturbed desert open space.
C. Rural Desert Overlay (Reserved).
D. Suburban Desert Overlay (Reserved).
Section 654. North Black Canyon Overlay District.
General purpose of the North Black Canyon Overlay District.
Concepts to be implemented through North Black Canyon Corridor (NBCC) Overlay District Design Guidelines.
The NBCC is targeted for development of a high quality, regional employment center, diversified residential areas, and urban open space.
The North Black Canyon Corridor contains large areas of significant scenic and sensitive lands that have been designated for preservation as components of the City’s Sonoran Preserve. Land approved for preservation by the State Land Commissioner includes mountain slopes at the ten percent slope line and below, where vegetation and connectivity become significant, and Skunk Creek Wash with its associated floodplain. On privately held land, defined set backs along significant washes and the limits of development on mountain slopes are a result of existing zoning or approved actions by City Council.
Preserving significant hillsides and addressing the relationship to desert washes and the native vegetation will create a unique setting for a regional employment center and diversified residential areas. Design guidelines build upon these features to create a singular and attractive identity for the overlay district.
The purpose of the NBCC Overlay District design guidelines (NBCC Overlay) is to provide specific design criteria to:
•Guide development within the village core and commercial nodes,
•Address the edge treatment of the Sonoran Preserve,
•Focus on the integration of the natural desert environment into the built environment, and
•Promote transit and pedestrian orientation,
•To create a unique identity for the North Black Canyon Corridor.
The intent of the design guidelines is to create a built environment that substantially relates to and respects the desert setting. These are the guiding principles:
A. The Sonoran Preserve is a public amenity.
1. Where development occurs near the preserve, allow development on the lower slopes, preferably below the ten percent slope line, to maintain the preserve as a visual amenity for all citizens and to maintain connectivity between mountains within the same range.
2. Maintain the sense of public ownership and access to public lands.
3. Development can take advantage of the proximity of the Sonoran Preserve in both subdivision layout and site design.
4. Minimize damage in the desert by providing controlled access points including trails.
5. Limited commercial uses are encouraged near primary and secondary access points to the Sonoran Preserve when the proposed use compliments and assists in the active or passive enjoyment of the preserve lands.
B. Manage stormwater via the natural wash system to the greatest extent possible.
1. Preserve identified washes (guideline D.1.) As amenities and allow them to serve multi-use functions, including drainage.
2. Allow for the natural function of the floodplain where feasible, based on engineering parameters and public safety.
3. Construct bridges and culverts to minimize impacts to washes.
4. The wash system can provide a place for trails within the setbacks above the wash banks. They become a recreational and visual amenity.
C. The desert regenerates slowly. Preservation is more prudent than restoration.
1. Minimize grading with site planning and construction techniques.
2. Development is encouraged to preserve open space and native vegetation versus revegetation.
3. Replace salvaged plants close to their original location where practical.
D. Use the wash corridor system for movement and duplicate its image and usefulness along other movement corridors.
1. Corridors should provide relief from the sun in this desert environment.
2. Shaded streets should mimic the wash corridors for people who travel along roadways.
3. Trail corridors that tie into roadway corridors should provide alternatives to automotive travel and connections to alternative transportation.
4. Consistent visual quality and a corridor network should help to create the sense of community, tie individual developments and the Sonoran Preserve together.
E. Use desert vegetation for landscaping for low water use, survivability and to maintain the existing sense of place.
1. Plants should be drought tolerant and trees should generally be low profile, typical of desert trees.
2. Outside the washes, desert vegetation transitions gradually. Developments should transition where different vegetation types are used.
3. Minimize the impact of non-native and invasive plant species.
F. The prevalent views in the desert provide the feeling of open space which should be maintained as development occurs.
1. Addressing appropriate landscaping and signage along roadway corridors should help maintain view corridors.
2. Maintain key view corridors.
3. Where buttes or hills rise from the flat surrounding desert, buildings can be stepped back to mimic the buttes. The core area is the prime example, anchored by Bronco Butte.
4. Protect significant view corridors from the buttes. Views should be purposefully planned and provided.
5. Minimize the visual impact of development by choosing colors that blend with the desert, with smaller, brighter accents.
6. Development that blends will also have a visually "soft" edge. The "soft" edge is especially important where development rises in elevation and is adjacent to the Sonoran Preserve because of high visibility at these locations.
Design Guidelines
The general guidelines for design review found in Section 507 Tab A of the Zoning Ordinance shall apply in the North Black Canyon Corridor. If the guidelines of the NBCC Overlay conflict with the guidelines of Section 507 Tab A, the guidelines of this overlay district shall prevail.
The design guidelines described below indicate specific implementation guidelines and consist of requirements, presumptions and considerations. Guidelines shall be administered in the manner specified in Section 507 of the Zoning Ordinance. Each standard is followed by a (r), (p) or (c), which notes a requirement, presumption, or consideration, respectively. If a requirement (r) or presumption (p) is in conflict with any underlying district provision, the standard may be followed without obtaining a variance. Relief desired from a requirement (r) is subject to a variance through the Zoning Administrator. Appeals to presumptions (p) are to be heard by the Design Review Appeals Board and the Architectural Appeals Board for Single-Family Residential Product.
Sketches accompanying the design guidelines illustrate the intent of the guidelines and should be considered part of the statements. Unless otherwise noted, subsections of each guideline (a, b, c, etc.) Shall have the same category (requirement, presumption, or consideration) as the primary guideline.
I. Applicability of the design guidelines.
The following provides a series of conditions, which describe when the design guidelines should apply to the development review process and rezoning process. Each of the conditions relates to the Planning and Development Department design review process. The design guidelines are to be administered through the Planning and Development Department site plan/subdivision design review process Section 507 Tab A of the Zoning Ordinance.
A. For all projects for which preliminary or Final Planning and Development Department site plan or subdivision approval has been obtained prior to the effective date of this overlay district, design guidelines shall not apply. However, if an action (i.e., appeal, modification of stipulations, site plan amendment) alters a stipulated site plan, these guidelines should be applied in a manner consistent with the subject of the change.
B. For all projects for which preliminary or final DSD site plan or subdivision approval has not been obtained prior to the effective date of the overlay district, all overlay district design guidelines shall apply.
C. Where approved guidelines exist which conflict with these guidelines, the most restrictive guidelines shall apply.
D. For PCDs whose master plans have been approved prior to the effective date of this overlay district, master public or private open space edge treatment plans, as specified in section III.C.1.d. of this district, can be processed as a minor plan amendment to the PCD master plans, and after approval of the edge plan by the City, shall be applied to all site plans submitted within the PCD.
II. Design guidelines common to all development areas (residential and commercial).
A. Plan submittal. For all uses within the North Black Canyon Corridor (NBCC) Overlay District Area as identified on Map A, a site plan or subdivision plat shall be required in accordance with Section 507 of the Zoning Ordinance. The general development guidelines are identified in Section 507 Tab A. Additional guidelines specific to the NBCC are included in this overlay district. In the event of a conflict in guidelines, those guidelines listed below shall apply. The City of Phoenix site plan review process will ensure consistency and continuity of design throughout the NBCC planning area.
1. A site analysis shall be required with any rezoning application or, if developing under existing zoning, with the submittal of a preliminary site plan/subdivision to the Planning and Development Department. The site analysis is a tool to assist in determining areas to be preserved and areas to be developed. Planning and Development Department staff shall review the applicant’s proposal and approve or make modifications for approval with regard to proposed construction areas, areas to remain undisturbed, road corridors, stormwater retention areas, and potential public/private utility areas. The base for the site analysis shall include a current aerial photo at a scale to be determined by staff. This will vary dependent upon the size of the proposed project. Specific areas within a large project may need to be provided at a suitable scale if more detail is necessary. The following information shall be included on the site analysis, as required by Planning and Development Department staff:
(a) Land contours at a scale determined by staff;
(b) A slope analysis identifying slopes of five percent and greater in increments of five percent where it is evident that slopes exceeding five percent transition to hillside areas of slopes exceeding ten percent.
(c) At the time of rezoning, wash corridors and preliminary hydrologic information for the contributing watershed (cfs flows, on-site and off-site, sheet flow direction).
(d) Identify significant stands of vegetation and specimen plants and significant terrain, and document by photographic mean.
(e) Identify potential view corridors to public or private open space areas along wash or roadway corridors, per Map C;
(f) Identify potential development areas;
(g) Identify potential subdivision layout for a site plan;
(h) Identify potential street alignments;
(i) At the time of site plan/subdivision review, identify the projected one hundred-year floodplain and floodway boundary as required by the Federal Emergency Management Agency (FEMA) and one hundred-year twenty-four-hour flow boundaries for washes not addressed by FEMA per ARS Standard 2-96 or the Drainage Design Manual for Maricopa County-if the width is to be identified at the time of rezoning, this information may be required;
(j) Provide evidence of a record check through the Arizona State Museum for Archeological Sites, confirm with the City Archeologist and identify if any;
(k) Identify public trail and park locations using the City’s General Plan Trails Map available from the PRLD or Planning and Development Department. (p)
Rationale: Rigorous analysis of a site prior to preparing the site plan or subdivision layout will allow preservation of important site features, such as wash corridors, and significant stands of vegetation and reduce hazards from potential flooding and other natural occurrences. Analysis must use an adequate scale to allow review determination.
Map A
B. Structures.
1. An architectural or alternative light standard to be approved by the City, shall be used. Cobra style fixtures shall not be used. (r)
Rationale: The same light standards should be used throughout the overlay district.
2. Except for government regulated signs, freeway frontage, or when approved in a comprehensive sign plan, all permanent signs shall be monument style, limited to eight feet in height. If a comprehensive sign plan is approved, the maximum height permitted to shall be the base height allowed (no additional bonus) based on street volume. (r)
Rationale: A higher level of aesthetics will be achieved through use of monument and wall signage. Comprehensive sign plans address the quality and consistency of appearance of all signage in a larger area.
3. Freeway frontage signs greater than sixteen feet in height should reflect a monument with similar materials to other signs on-site or a visual equivalent that does not use a singular pole. (p)
Rationale: Along freeway frontage, crossover structures create a need for taller signage. Elsewhere, signage adjacent to streets should be low profile to help keep views open.
4. Temporary signs greater than six square feet in size shall not be allowed, except when approved as part of a comprehensive sign plan. (r)
Rationale: Temporary signage may be in place for several years; size should be limited to reduce the visual impact because the temporary signs are not subject to the other guidelines. However, a comprehensive sign plan will address the quality and consistency of appearance of all signage in a larger area.
5. Signs should utilize materials that reflect the desert character of the area. The use of native materials, such as rock, stone, stone veneer or faux stone is encouraged. Design features, such as color or materials, should be incorporated into the sign structure to complement the architecture on-site. Masonry signs may be constructed as an extension of a wall. (p)
Rationale: A higher level of aesthetics will be achieved through use of native materials in signage and coordinating with the architecture. Use of similar materials will provide a consistent design theme in the overlay district.
6. The stucco, block, cement or masonry portions of walls and monument style signs in or adjacent to the right-of-way for Parkway "A" should be colored to blend with the desert environment. This does not include the rock, stone or stone veneer portions of these structures. (p)
Rationale: Colors will help relate the structures to the desert environment. Use of coordinating colors will provide a consistent design theme in the overlay district.
Signage
Signage
Signage
Signage
Signage
Signage
Signage
7. Box gabions and concrete channels should not be allowed unless needed for public safety. Where used, they should be designed to blend with the desert setting through color, texture, landscaping or other means. (p)
Rationale: Box gabions and concrete channels have a hard appearance that will not blend with the desert. Additionally, concrete channels can contribute to drainage problems where they interface with natural washes.
Concrete Channels
Concrete channels are not allowed.
8. Riprap should not be used unless needed for public safety. Where used, it should be used with restraint and be designed to blend with the desert setting through color, texture, landscaping and other means. (p)
Rationale: Where engineered erosion control is necessary, a more natural looking drainage way will preserve the scenic qualities of the undisturbed desert.
Rip Rap With No Vegetation
Rip Rap With No Vegetation
9. Provide view fencing adjacent to open space areas, such as wash corridors or rock outcroppings, except (a) where a roadway runs between the open space and the development; or (b) where an arterial street is located less than one hundred feet from the perimeter wall; (c) where more than one side of the back yard of a lot is adjacent to open space. In this case, one side must have view fencing and a minimum ten-foot return of view fencing should be used adjacent to the side that is all view fencing. This will typically be along the side yard. And; (d) where two rear yards are in close proximity, so that it infringes on privacy. Then one wall should provide view fencing to the open space and the other may be solid. (p)
Rationale: Opening the improved and undisturbed areas up to visual access allows passive enjoyment of these areas. It also provides visual monitoring in order to discourage undesirable and illegal activities such as dumping.
10. View fencing shall consist of a maximum six-foot high fencing, which may have a solid base of no more than two feet above finished grade of the lot, with the upper four-foot portion open to allow visibility, such as with a wrought iron fence. (r)
Rationale: Visual access to open space areas is not to be impeded by walls above two feet in height. The benefits are twofold, with unimpeded visual access homeowners can enjoy the benefits of both improved and undisturbed open space areas. Also, the open space areas become safer from undesirable activities when the eyes of homeowners are on them.
11. When adjacent to the landscape area residential subdivision and commercial perimeter walls and other walls along arterial or collector streets should vary by a minimum of four feet every four hundred lineal feet to visually reflect a meandering or staggered setback; or design features should be used to break up the appearance of a long, straight wall. Such design features may include, but should not be limited to, planters, pony walls, and dense landscaping adjacent to the wall to screen it. If design features other than meandering or staggered setbacks are used, the developer should demonstrate how the design visually breaks up long, straight wall appearance and the plan must be approved by the City. (p)
Rationale: Providing a variation in the appearance of a wall line through allowing the wall to meander or be offset or through another design feature will prevent a monotonous solid wall line along streets.
12. Stone detail of rock, stone veneer, stonework or faux stone shall be incorporated into the design of perimeter walls. (r)
Rationale: By incorporating some rock into wall design, the wall makes a connection with the physical site, echoing the geology of the site and will carry over design elements from the main roadways through the NBCC, uniting design elements.
Walls and Fences W/Rock/Stone Incorporated
Walls and Fences W/Rock/Stone Incorporated
Walls and Fences W/Rock/Stone Incorporated
13. Building and wall colors should be muted and blend with rather than contrast strongly with the surrounding desert environment. A color palette should be provided to the Planning and Development Department Site Planner for review and approval. Reflective materials should not be used. Accent colors may be appropriate, but should be used judiciously and with restraint. (p)
Rationale: The Sonoran Desert contains a full range of colors beyond just beige and tan, that are appropriate for building and wall colors. The colors vary from site to site and generally contain muted shades of pinks, oranges, reds, blues, violets, and many other colors. Desert wildflowers provide vibrant accent colors that could be echoed in architectural accent colors. Replicating colors indigenous to the site will assist in fitting a commercial or residential development into the site. z
Retaining Wall Creates Visual Barrier
C. Landscape.
1. Palm trees and other plants specified on the prohibited plant species list (see Appendix B) shall not be allowed in the North Black Canyon Corridor. The prohibited plant species list shall be provided to all purchasers of property within the NBCC and shall be listed in the Property Owner’s Association C,C&RS. These shall specifically note that trees that grow substantially taller than the native desert trees are not appropriate within the NBCC because they will impair views. (r)
Rationale: Palm trees are not indigenous and are invasive; other non-native species also create problems in the desert environment. Sonoran Desert plants would make an effective landscape statement or focal point that would reflect the Arizona Desert Southwest much more effectively. Taller trees are not typical of this desert and may impair the views that attract people to the NBCC.
2. Salvaged plant and landscape material should be used on-site to the maximum extent that can be achieved, including residential landscaping on individual lots. It must be demonstrated to the Planning and Development Department that an excess of plant material exists or relocation within the development is presumed. (p)
Rationale: Local plant and landscape material, such as boulders, removed from a site in order to develop the site, needs to be replaced on the same site to preserve the character and increase the survival rate for relocated plants.
3. In areas designated as public or private permanent undisturbed open space, whereas a small portion has been burned or previously damaged, the area will be revegetated. Revegetation shall be typical of surrounding area washes, i.e., tree-lined washes will be revegetated with trees, slopes similar to nearby slopes. The property owner’s association will be responsible for the management of private revegetated areas. Where this occurs at the edge between public and private development, the public open space will be revegetated at the same time as the private open space. (c)
Rationale: Revegetation should restore the natural appearance of the site.
Revegetation Trimmed, Looks Unnatural
Revegetation Looks More Natural
4. Native Sonoran Desert vegetation should not be pruned or removed from areas identified as permanent undisturbed open space unless demonstrated to the City that a health, safety or welfare issue exists. This includes removal of dead trees or cacti. (p)
Rationale: Sonoran Desert wildlife is dependent on the habitat created by the native vegetation as it occurs in the natural environment. Dead trees, fallen saguaros and low growth on trees provide cover for a variety of native wildlife.
5. Within areas identified as permanent undisturbed open space, no grading or other disturbance shall occur except grading for trails, roadways and utility easements. Restoration of the disturbed area is mandatory and shall follow plans reviewed and approved by the City. (r)
Rationale: Disturbance should be kept to the minimum necessary to allow development in areas designated as undisturbed open space.
6. Transitional slopes to hillside areas (five percent to ten percent slope) should be graded to minimize cut and fill. (p)
Rationale: Following the contours of the land by stepping the building pads and lots, or through the use of stem walls and/or stair-stepping is visually less intrusive and minimizes disturbance. Large retaining walls are imposing and severe, whereas a series of stepped grading pads will blend and produce a softer edge where development interfaces with the desert.
Cut and Fill
Cut and Fill
Cut and Fill
Cut and Fill
Cut and Fill
7. The edge of private, common turfed open space areas shall be no closer than twenty-five feet from undisturbed open space, and no closer than fifty feet from desert wash banks. In all turf areas, the use of common Bermuda grass shall be prohibited in favor of hybrid Bermuda varieties. (r)
Rationale: Care must be taken to prevent the unwanted spread of turf into desert areas, especially the wash system. Common Bermuda spreads more easily than sterile hybrid varieties.
D. Wash Corridors, Open Space and Retention Basins (Undisturbed and Improved).
1. All washes identified on Map B shall be preserved in an undisturbed condition. (r)
Rationale: Washes that are part of the Sonoran Preserve or provide connectivity for wildlife corridors are identified. Portions of these washes were designated for preservation through approved zoning cases, plus the upstream and downstream portions of the washes are identified on this map.
Map B
Washes/Bridges
2. The area of a wash to be maintained undisturbed, for washes identified on Map B that have a one hundred-year peak flow over five hundred cfs shall be based on the following formula: the setback as measured from the floodway on each side of the wash shall average 1.0(Q100)0.5, with a minimum setback of seventy-five percent of 1.0(Q100)0.5.
Note: This standard shall be reviewed within one year of the initial ordinance adoption to address open space the impacts of wildlife corridors.
It is the intent of these criteria to enhance requirements by other flood control agencies, not to replace. (r)
Rationale: Washes do not function on individual parcels, but contribute to a larger fluvial and wildlife system, which requires interconnection in order to provide consistency of vegetation and diversity of wildlife. Altering natural drainage patterns can have significant impacts upstream and downstream.
3. The area of a wash identified on Map B to remain undisturbed, for washes that have a flow of less than five hundred cfs, should allow sufficient setback to allow for wildlife passage outside of the incised wash. (p)
Rationale: Smaller washes in certain locations may also need to function as wildlife corridors, providing connectivity between different areas of the Sonoran Preserve.
4. No major structural changes or improvements shall be allowed in the washes identified on Map B to remain undisturbed, and vegetation shall be left in place except as follows:
(a) To prevent erosion from channelization or combination of smaller washes (r);
(b) To allow wash crossings of roadways, trails and utility easements. Trails and utilities may cross washes, but in no way shall they be placed in the wash bed running parallel to the wash. Public utility easements shall be revegetated when construction is completed (r);
(c) To prevent wash migration, where the structures are placed behind the required wash setback (p);
(d) To allow discharge from adjacent retention or drainage facilities, as approved by the City. (r)
Rationale: If a wash is identified for preservation, disturbance should be kept to the minimum necessary.
5. Roadways shall be bridged or trail underpasses provided over wash and trail corridors as identified on Map B, subject to engineering. Bridges shall, at a minimum, reach from bank to bank. Other bridge crossings may be identified through the rezoning process. A grade separated crossing to accommodate equestrian trail users (or as approved by the City) shall be required at the identified bridged crossing. (r)
Rationale: Trails should not cross over streets that carry high volumes of traffic as it endangers trail users. Skunk Creek and Sonoran Wash are major washes that have also been identified as significant drainage and wildlife corridors. Substantial clearance is required to accommodate equestrian users.
6. Where a public or private multi-use trail easement is located in a wash corridor, it shall should be placed above the bank or the wash and not within the floodway, except where it crosses the wash. If the trail passes under a bridge, it must be located at least three feet above the sandy bottom of the wash or as approved by the City. (p)
Rationale: Wash corridors with public trails or private trails with public access easements should shall provide a safe crossing under bridges in minor flood events, such as a two-year flood event, the trail should be placed above the wash bottom.
7. Access improvements to sites using private streets with bridges, culverts or dip sections to cross washes, shall include means for sediment and debris removal, and meet City trail guidelines. A management plan for debris and sediment removal for the homeowner’s or property owner’s association shall be included in a development’s covenants, conditions and restrictions (CC&Rs) and approved by the City. The CC&Rs shall include a statement defining the responsibility of the property owner’s association for this maintenance. (r)
Rationale: Stormwaters carry sediment and debris that can build up behind dry wash crossings or block the path of wet wash crossings. Property owners’ in an association need to maintain private wash crossings. Purchasers of property that include privately held facilities should be notified of the future maintenance responsibility and expense.
8. Dry wash crossings should be designed to run bank to bank to allow passage of wildlife in the wash with a minimum of five feet horizontal by five feet vertical clearance under a culvert or bridge where the wash is a minimum of five feet deep and five feet wide. (p)
Rationale: Wildlife will not move under closely confined culverts or bridge crossings. However, there may also be opportunity or a need for dry crossings over smaller washes.
9. When a bridge crosses a public trail, bridge widths of fifty feet on collector, major arterial and arterial streets shall be lit underneath for the safety of trail users, as approved by the City. (r)
Rationale: Lighting will enhance safety in this case.
10. The construction area for a roadway or utility crossings shall be clearly marked with fencing to minimize impact on existing vegetation during construction. The entity responsible for the improvement shall provide documentation of how wash banks will be stabilized and restored to a natural appearance where it must be disturbed for infrastructure, as approved by the City. (r)
Rationale: Defining and containing the allowed grading area prevents overlap into areas designated for preservation. Where disturbance must occur, the impact should be minimized.
11. Where culverts are constructed, minimize the concrete while providing the opening required by hydrolics and to blend with the adjacent desert via materials and landscaping after construction. (p)
Rationale: Culverts can be visually obtrusive. Design can minimize visual the impact by minimizing the concrete structure and blending materials and colors.
Culverts
Culverts
Culverts
12. Constructed access points to public open space, the Sonoran Preserve, public parks and related facilities shall be identified by, coordinated with, and approved by the City. Construction of unauthorized access points shall not be allowed. (r)
Rationale: The Parks, Recreation and Library Department has specific needs and criteria for access points to open space areas that they manage, and staff has identified general locations for park related facilities for City residents.
13. When public trails and connecting private trails and wildlife corridors are provided they shall be identified on plans submitted to the City. Both on-site and off-site connections shall be shown on the same plans. (r)
Rationale: The Parks, Recreation and Library Department has planned for a network of public trails to interconnect to insure continuity of the trail system and avoid conflicts.
14. Maintain significant views of the Sonoran Preserve Mountains, Skunk Creek and the Sonoran Wash from trail and roadway corridors and other points of higher elevation, as identified on Map C. (p)
Rationale: Views of open space areas must be provided and preserved. The visual effect of open space is an important amenity a principal factor leading individuals to locating their businesses and/or homes in Sonoran Desert areas.
Map C
15. Retention basins in all development should be designed to blend with the natural desert area for example, with curvilinear edges. (p)
Rationale: The intention is not to increase the size of retention basins, but to soften edges and blend the landscaping with the natural desert. This does not preclude the use of turf in basins that also serve as common recreation areas, nor does it require a slope of less than four to one (4 to 1) ratio. Rather, surface variation instead of straight edges and flat surface, natural materials and native vegetation should be incorporated into the design.
E. Streetscape. North Valley Parkway (Parkway A), Lone Mountain and Dove Valley Roads are planned as major arterial streets, requiring a minimum one hundred forty feet of right-of-way for six lanes (Dove Valley Road will narrow to four lanes), with bicycle lanes and a sidewalk set back from the curb. Public trails are designated on the east side of North Valley Parkway (Parkway A), and along Lone Mountain and Dove Valley Roads.
1. North Valley Parkway (Parkway A), Lone Mountain and Dove Valley Roads will be bridged as they Cross Skunk Creek through the Sonoran Preserve. Allowing unimpeded views of the creek both north and south will showcase an important feature in the NBCC. Development at both ends of the bridge should shall allow the views to open up by providing the deeper portion of the required average set back at the preserve edge along the North Valley Parkway (Parkway A), and arterial roadways. (p)
Rationale: The view opening on to Skunk Creek Wash will allow a smooth transition between the built environment and the natural environment in the Sonoran Preserve.
Skunk Creek Wash
2. Landscaping within and adjacent to the right-of-way along North Valley Parkway (Parkway A), Lone Mountain and Dove Valley Roads shall include, at a minimum, at least two of the combination of Palo Verde, Palo Brea, Ironwood and Mesquite species of trees. While the combination of trees may vary among developments, the combination of these species shall provide a consistent image along the roadways. Trees shall vary in maturity, but at least seventy-five percent but shall be a minimum of two-inch caliper in size or a multi-trunked equivalent. If a shortage of these four species of trees is documented, the City may approve the use of other trees from the approved plant species list (Appendix A). (r)
Rationale: The specified combination of trees will provide a shaded movement corridor with a low profile growth pattern to preserve the Sonoran Desert image. Overall consistency of image is maintained by specifying trees while some variation is allowed.
3. Landscaping within the right-of-way along North Valley Parkway (Parkway A), Lone Mountain Road and Dove Valley Road shall include trees spaced to reach canopy to canopy at maturity placed so as to provide a minimum of fifty percent shaded coverage of the sidewalks. (r)
Rationale: Shaded corridors provide relief from the sun, which is important for pedestrians. Requiring the maturity and size will encourage use of salvaged material.
4. Landscaping should be blended among adjacent developments to provide a continuous appearance and to avoid a distinct or abrupt change. (p)
Rationale: North Valley Parkway (Parkway A), is the primary north/south corridor and should serve to establish a sense of identity and continuity. Lone Mountain and Dove Valley Roads will serve as the primary east/west corridors.
5. The landscape setback along North Valley Parkway (Parkway A), as required by the appropriate zoning category (except within the core), should at a minimum meet the average required depth, but should vary in depth by minimum of four feet to create a meandering or staggered setback. Walls within or adjacent to the landscape area should vary by minimum of four feet every four hundred lineal feet to visually reflect the meandering or staggered area, or design features should be used to break up the appearance of a long straight wall. Such design features may include, but should not be limited to, planters, pony walls, and dense landscaping adjacent to the wall to screen it. If design features other than meandering or staggered setbacks are used, the developer should demonstrate how the design visually breaks up the long straight wall appearance and the plan must be approve by the City. (p)
variations in setbacks
Rationale: Long straight lines seldom occur in the environment. A meandering or staggered setback will have a more natural appearance. Other means may be used to alter the appearance of straight lines.
6. The landscape setback along North Valley Parkway (Parkway A), Lone Mountain Road and Dove Valley Road, within the core area shall be an average of twenty feet (or as required by the zoning if a greater setback required) shall not be less than fifteen feet from the right-of-way at any given point, regardless of zoning category. (r)
Rationale: North Valley Parkway (Parkway A), runs the length of the NBCC and will be a major transportation corridor within the area. A consistent image along the parkway will provide a sense of identity and integrate development with the desert setting in the NBCC. The minimum setback will maintain the desert parkway image in relation to the higher intensity of development in the core area.
7. No more than fifty percent of the required landscape setback adjacent to North Valley Parkway (Parkway A), can be used for retention. Provision should be made to allow for a trail above the retention, where planned. (p)
Rationale: Landscape setbacks are intended to provide a transition to development and visual relief from hardscape. While it may provide limited retention, that is not the reason for or function of these setbacks. When used for a large amount of retention the setback takes the appearance of a ditch (barrier) to a site.
8. Entryways to a site or subdivision should include increased setbacks and the deeper portion of the required setback along North Valley Parkway (Parkway A). Parkway "A" should be located at the entry into a site, with enhanced landscaping to create a focal point. Enhanced landscaping means it should be greater in the number and/or size of plants, and may include a particularly large or unique specimen. The use of additional trees that include the four street trees (Palo Verde, Ironwood, Palo Brea and Mesquite), is strongly encouraged. (p)
Rationale: Concentrated landscaping draws the eye in a desert environment. Located in the deeper portions of the setback, it will create focal points along North Valley Parkway (Parkway A).
9. Parking lots located adjacent to North Valley Parkway (Parkway A), shall be screened along the roadway by a wall incorporating stone, stone veneer, faux stone or rock, or by an earth berm rising a minimum of three feet above the grade of the parking lot. (r)
Rationale: Expanses of parking lots are visibly unattractive and increase the perception of heat islands in the desert setting.
10. A public multi-use trail is identified and is to be provided along the east side of North Valley Parkway (Parkway A) and along Lone Mountain and Dove Valley Roads, in addition to the required sidewalk, with the exact alignment to be approved by the City. (r)
Rationale: The City’s General Plan calls for a network of multi-use trails throughout the City. Additional trails may be added in the future through an amendment process to provide further connections.
11. Consider the location and relationship of public and private trails and transit stops in site design. (c)
Rationale: Providing transit access at trail intersections with streets will enhance access to the trail network and encourage the use of alternative transportation.
12. Enhanced landscaping, especially the provision of extra trees for shade, is encourage at transit stops. (p)
Rationale: Extra shade will provide relief from the sun for those waiting for transportation.
13. The stucco, block, cement or masonry portions of walls in or adjacent to the right-of way for North Valley Parkway (Parkway A), should be colored to blend with the desert environment. (p)
Rationale: The walls and masonry will blend with the desert environment if appropriately colored.
III. Residential.
A. General.
1. On residential subdivisions contiguous to parks and open space areas managed by the Parks, Recreation and Library Department (PRLD), such as the Sonoran Preserve, neighborhood access to those areas for residents in the immediate neighborhood should be provided in cooperation and coordination with the PRLD. (p)
Rationale: Residents in neighborhoods contiguous to open space areas managed by the PRLD would benefit from and have greater appreciation of those open spaces when they have some access to them.
2. Within an individual development, view corridors for residents may be preserved though the spacing of development of large lot single-family residential, attached single-family development, or multi-family development, or by the placement of single loaded roadways, culs-de-sac and open space areas such as trails and retention basins. The careful placement of single and two-story housing can also increase the opportunity for views. The site analysis should assist in locating view corridors within developments. (c)
Rationale: Views of the desert preserve will reinforce the community’s relationship to the desert environment and serve as amenities for local developments.
B. Multi-Family.
1. In multi-family development no parking shall be located contiguous to public or private preserve open space. Except, parking may be allowed if it is shared parking, subject to a joint use agreement developed with the Parks, Recreation and Library Department. Development shall be designed so that some residential units shall face on to the preserve open space. (r)
Rationale: Development contiguous to public or private preserve areas will be able to take advantage of the view afforded by open space, as well as provide informal monitoring of activity in the area.
2. In multi-family development adjacent to public or private preserve open space, a minimum of fifty percent of the required improved open space shall be located contiguous to the preserve edge. The edge of the improved open space contiguous to the preserve edge shall be equal to or greater than the depth. (r)
Rationale: Providing the improved open space for development adjacent to preserve open space will allow access for all residents within the development and encourage activity adjacent to or within the preserve areas.
3. Where a multi-family development is located adjacent to public or private preserve edge, a physical access point should be provided. (p)
Rationale: Should be able to easily access the preserve area for recreation and enjoyment. This does not preclude a secured access point, such as a keyed and gated entry.
C. Single-Family.
1. Single-family residential development adjacent to public or private preserve open space shall include the following design elements (r):
(a) Adequate public or private access for neighborhood use shall be provided to the Sonoran Preserve (may be via private open space) at a rate equal to approximately one access per quarter mile of linear public or private preserve open space edge. Site conditions may impact the exact location of the access point. The width of the access shall be a minimum of forty percent of the length from the street to the public or private preserve open space;
(b) Public access for community or regional level use (via a collector or arterial street, or a public trail) to a City of Phoenix developed and maintained trailhead or activity center within the Sonoran Preserve shall be provided per plans as adopted by the City, at approximately one access per mile of linear public or private open space edge;
(c) Along the public or private preserve open space edge one or more of the following design treatments shall be used. A minimum of sixty percent of the edge treatment shall consist of 1), 2), 3), or 4) below. The remainder of the edge may consist of any of the following design treatments provided that under 1) and 5) below, the length of the edge shall not exceed one thousand feet without utilizing one of the alternative treatments;
(1) A cul-de-sac design which provides an improved trail on private open space connecting to the Sonoran Preserve. An open space connection between the cul-de-sac and adjoining public or private open space edge shall be provided. The minimum width of the open space connection shall be defined by a line running along the public or private preserve open space edge connecting the rays of a one hundred forty degree angle measured from the center of the cul-de-sac.
cul-de-sac
(2) A public or private street along the public or private preserve open space edge;
(3) Private improved or undisturbed open space (less than five hundred [feet] in width) where the minimum depth is one hundred feet or where the open space is located between the public or private preserved open space and an adjacent street;
(4) An equivalent creative alternative as approved by the City that reflects diversity, together with visual and physical access.
(5) Lots that back up to the public or private preserve open space edge with setbacks provided when necessary to accommodate drainage and maintenance access as approved by the City.
(d) A master public or private open space edge treatment plan may be submitted in conjunction with a Planned Community District (PCD) that shall permit the required percentage of edge treatment provided in c. above to be applied based on the overall master development, rather than by individual parcel. The master plan shall allow the incorporation of facilities and open space common to the community at large (such as parks, schools, recreational facilities and retention areas) as long as the overall required percentage of edge treatment is reasonably dispersed throughout the PCD as approved by the City.
Rationale: Development adjacent to the Sonoran Preserve should provide a diversity of edge treatment, including physical and visual access to the public and private preserve areas. Diversity of land uses and densities that take advantage of the preserve as an amenity should be promoted. Creative alternatives, when offered, should demonstrate how they maximize visual and physical access and, conversely, how they prevent blocked views and access into the preserve. Trail connectivity to the preserve system is a key feature to be considered. When applicable, creative alternatives should address the relationship between facilities, the natural environment and uses within the preserve. The intent is to enhance the open space experience and provide public access.
2. A single loaded street or cul-de-sac opening adjacent to public or private preserve open space should be designed to (p):
(a) Follow existing contours to the greatest extent possible to minimize cut and fill;
(b) Cut and fill slopes (or retaining walls) should not exceed a maximum of three feet in height adjacent to the open space area;
(c) Minimize the number of wash crossings;
(d) Avoid significant stands of vegetation and natural rock outcroppings to the greatest extent possible;
(e) Blend cut and fill slopes with the natural desert through such means as chemical color staining, revegetation and the use of natural rock materials.
Rationale: The intent of the roadways is to open up views of the open space. It defeats the purpose if construction damages the natural features or creates excessive scarring.
3. Lots with two or more sides abutting undisturbed open space shall be designed with obtuse angles (> ninety degrees) rather than ninety degree or acute angles (< ninety degrees) to avoid sharp corners or sudden narrowing of connecting open space. (r)
Rationale: The angles will produce a gradual narrowing from the adjacent open space leading into the corridors. This will better blend development with the environment and minimize sudden constrictions.
4. A minimum of thirty percent of the cumulative frontage of wash corridors identified on Map B or as otherwise preserved in an undisturbed or naturalized state shall be designed to ensure that the edge treatment remains open and unfenced. An open edge treatment shall be considered as follows: (r)
(a) A single loaded street adjacent to the open space;
(b) A cul-de-sac opening a minimum fifty feet in width adjacent to the open space;
(c) Connecting open space areas such as wash or trail corridors, generally running perpendicular to the open space;
(d) Open space between building envelopes (on individual lots) that is a minimum forty feet in width;
(e) Other adjacent open space areas that are:
(1) Equal to or greater than the width of the adjacent designated open space, or
(2) A minimum one hundred feet in width, or
(3) Located between the open space and an adjacent street, whichever is less.
Rationale: Single loaded streets and culs-de-sac are effective at providing both visual and physical access to open space, including access for emergency vehicles or maintenance. With no other structure to block views, they also allow for visual monitoring of activities and thus, discourage unwanted activities such as dumping.
5. Residential subdivision layout shall should be sensitive to the topography and geologic features of the site and be designed accordingly. If significant stands of vegetation or topographic features, such as washes or rock outcroppings, are present on the site they should be preserved in the site design. (p)
Rationale: Too often subdivision design has adopted the practice of designing the lot layout first, then looking at the site to determine the amount of grading necessary. To achieve a higher aesthetic level of design, the site opportunities and constraints need to be evaluated first before street and lot layout. Design of the site then will take into consideration the opportunities and constraints, incorporating natural features and significant landscaping at every opportunity.
6. Street patterns and lot design shall allow direct access to washes or open space areas for maintenance of annual and non-native vegetation to prevent fire hazards and allow Fire Department access in case of fire. Design methods may include a combination of single loaded streets and/or open spaces between lots. Access might logically be provided at the edge between development and preserved open space. Points of access should be a maximum of six hundred feet apart with openings a minimum of forty feet wide to allow for fire breaks and access. Openings are to incorporate existing vegetation or be landscaped and shall maintain an access way twelve feet wide for Fire Department equipment. To clarify, this does not imply that blading of a wash is allowed. Rather, native vegetation is to be preserved in place, but non-native vegetation may be carefully removed. (r)
Rationale: In the past, development has backed closely to wash corridors and not provided adequate access for management or fire control of exotic plant material overgrowth. Providing breaks when backing to a wash will allow adequate access for both management and fire control.
7. Along undisturbed open space, where a building envelope is not used, no more than fifty percent of the homes shall have a building height greater than one-story or twenty-four feet measured to top of the parapet or the top of the ridge on sloping roofs. Where building envelopes are used, there is no restriction on the number of homes greater than one story, except as noted below. Regardless of lot grading, no more than two homes above one story or twenty-four feet may be adjacent to one another. A chimney may be constructed to a maximum of three feet above the highest point of the structure. (r)
Rationale: For view preservation and to blend into the desert environment, buildings must maintain a low single-story profile to be in character with adjacent Sonoran Desert vegetation which generally reaches a mature height of approximately twenty-two to twenty-five feet. By maintaining a lower building height the sense of open space will be enhanced.
single story homes
single story homes
8. All lot grading adjacent to areas to be preserved must be protected by a chain link fence or equivalent approved by the City with one access point provided that is located where the drive or driveway will be located. All parties involved in construction shall be made aware of the fence and the reason for it. Construction fence is to remain intact until completion of construction. (r)
Rationale: In order to preserve fragile undisturbed desert vegetation and habitat it is necessary to restrict activity outside of the building envelope.
D. Low Density Residential (Eighteen Thousand Plus Square Foot Lots) where three or more lots greater than or equal to eighteen thousand square feet are adjacent to public or private preserve edge.
1. All improvements, including driveways, except utilities, shall be located within a building envelope, occupying no more than fifty percent of the lot up to a maximum of twenty thousand square feet area of the lot area, whichever is less. (r)
Rationale: By establishing a building envelope, a portion of each lot is preserved and the character of the area is established, which creates value for all the residents.
2. The building envelope may require greater setbacks than the minimum guidelines stated below due to significant vegetation or topographical features on the site to be maintained in an undisturbed condition, such as rock outcroppings, significant stands of vegetation, and/or specimen trees or saguaros. Location of the building envelope on the site should be determined through review of the required site analysis and landscape inventory by the Planning and Development Department Landscape Architect. The minimum setbacks defined in this ordinance are not grounds for any increases in the size of the building envelope. The potential building envelope or gradeable area must be identified on all plan submittals for the Planning and Development Department Plan Reviewers. Lots to be developed with building envelopes are to be designated as desert lots (DL) on the site plan and final subdivision plat. Area outside of the building envelope is to remain permanent undisturbed open space and to be designated as such on all plans submitted to the City of Phoenix. (p)
Rationale: The native Sonoran Desert is the major component forming the identity of much of the North Black Canyon Corridor (NBCC) and therefore is to be maintained in an undisturbed condition when advantageous to do so. Much of the NBCC area is comprised of pristine Sonoran Desert which, considered an amenity, will add much to the aesthetics of estate lot development in the area.
3. The site analysis, as approved by the City staff, should be used to determine appropriate setbacks from any property line for the building envelope that should remain undisturbed natural desert, except for allowance of a driveway from the front setback, or a single shared driveway from the side setback. The site analysis identifies significant features to be preserved by setbacks to protect such features. Alternatively, varying side setbacks between lots can result in greater undisturbed tracts and open views between units. (p)
Rationale: To protect significant Sonoran Desert features as identified in the site analysis, single-family residential development using the building envelope need to provide a substantial native landscape setback so that the residential development blends into the surrounding desert.
4. Private driveways to individual lots may be composed of stabilized decomposed granite indigenous to the area or matching in color. Materials used are to meet approved dustproofing guidelines. If used, an edging, of a compatible color, is to be provided to keep the decomposed granite contained in the driveway. (c)
Rationale: A stabilized granite drive would blend into the context of the Sonoran Desert.
5. Local streets shall be designed to meet rural street guidelines as developed by the Street Transportation Department and approved by City Council. (r)
Rationale: Upon development of rural street guidelines, they would be applied to any new rural type single-family development. Cross reference subdivision ordinance.
6. Rural lighting guidelines shall apply as defined by the streetlighting policy adopted by the City Council. (r)
Rationale: One of the aesthetics sought by people or living the Sonoran Desert is the darker night sky.
7. Individual lot grading plans shall be submitted for review and approval by the Planning and Development Department for lots eighteen thousand square feet and larger. Vegetation and topographical features, such as specimen plants, washes and rock outcroppings, are to be identified on the plans. (r)
Rationale: Individual grading plans showing topographical features will assist the builder and Planning and Development Department Plan Reviewers in identifying key natural features on a site.
8. On single-family lots developed with a building envelope, perimeter walls or fences around the development site or individual property lines should not be allowed. Walls or fences may be located around the edge of the building envelope but shall should not be required. The appropriate location for walls or fences should be determined by the required site analysis. Walls and fences should be designed to blend into the desert environment by addressing the color and alignment of the structure. They should not be constructed in a straight line greater than twenty-five feet unless architectural relief, varied setback or a decorative element is introduced to break up the appearance of the straight line. They may be prohibited, or view fencing may be required in some places, depending on topography and proximity to public open space. (p)
Rationale: Constructing fences or walls on individual lot lines for properties developed with building envelopes defeats one of the goals of opening up the space between homes. Keeping fences only around the building envelope (within the envelope) allows wildlife to move about more freely, preserve views and promotes social interaction. Straight lines rarely occur in nature, so addressing the alignment as well as the color of walls and fences will help blend development into the desert setting.
9. Shared access drives for two or more lots or parcels should be encouraged whenever possible. A maintenance agreement among property owners or stated in homeowner associations or CC&Rs is strongly recommended where shared driveways are constructed. (c)
Rationale: This will allow more area to remain as permanent undisturbed open space.
10. The private area located within the building envelope, which would typically be the rear yard or a courtyard, shall not contain plants from the prohibited plant species list (Appendix B). The prohibited plant species list shall be provided to the home owners associations (HOAs) and purchasers of property within the NBCC, and shall be listed in the CC&Rs of the HOAs. Palm trees shall not be allowed. An exception to this is the use of turf in the rear yard. (r)
Rationale: Large lot single-family development using building envelope design needs to be compatible with the surrounding Sonoran Desert and not introduce exotic and invasive plant material.
IV. Commercial.
A. NBCC Core.
1. The NBCC will be the subject of a future more detailed core plan, which will detail more specific design criteria including building height, orientation and reflectivity, among other design issues.
B. Non-Core Commercial. The non-core will be the subject of a future section of the design guidelines, which will detail more specific design criteria including building reflectivity, how commercial use addresses open space, and landscaping among other design issues.
Definitions
Building envelope: The area defined on a lot in which all improvements must be made, including alterations to existing landscaping. These include but are not limited to house, accessory buildings, pool, patios, driveways, visitor parking, fencing, or walls. The building envelope defines the maximum allowable construction/improvement area on the lot. The building envelope must be identified on all design review submittals.
Naturalized wash: Where a single wash is modified by humans to accept a decrease or increase in flows and/or multiple washes are eliminated with their flows directed along fewer washes modified by humans. The modified washes are designed with irregular banks, typically in a curvilinear fashion which simulates washes as they occur in a natural undisturbed condition. The modified washes are revegetated to closely match the context area with regards to plant species, range of plant maturity and other conditions occurring in the context area.
Natural grade: The elevation through any section of a site on an undisturbed lot at the time of adoption of this ordinance by City Council. On lots that have been disturbed previously, the natural grade is the pre-existing grade if it can be determined; otherwise it shall be determined by an average of off-site elevations at points taken around the boundary of the site.
Permanent undisturbed open space: Areas containing naturally occurring Sonoran Desert vegetation and topographical features, including washes, that have not been altered except to allow decomposed granite trails (private or public) in accordance with ADA guidelines and utility easements as necessary.
Potential development areas: In relation to a site analysis, these are areas on a site where prior disturbance exists or little native vegetation exists that would lend itself to being more easily developed than an area with significant vegetation and/or topographical features.
Private buffer: An area located adjacent to a public or private preserve open space edge that is used as an undisturbed or enhanced landscape setback. The buffer may be platted as common open space for the development or as individual lots. The area shall contain no improvements or be used for any purpose other than a landscaped setback.
Public or private preserve open space: Land designated as City of Phoenix Sonoran Preserve or public or private undisturbed open space which has at least one common boundary with the City of Phoenix Sonoran Preserve of a minimum five hundred continuous feet.
Public or private preserve open space edge: A line that separates developed areas from undisturbed areas along public or private preserve open space.
Q: The Q for washes over five hundred cfs shall be defined as the peak discharge associated with the one hundred-year flood event (Q100). It may be estimated using simplified methodologies such as ADWR state standard #2 (Section 2-96), USGS regression equations, or other similar approximate methods as approved by the City.
Significant vegetation: Stand of Sonoran Desert vegetation that is thirty percent more concentrated than the general aspect of the immediate context area and difficult to salvage due to slope, rocky soil conditions or exposed roots due to an adjacent wash. Generally located adjacent to a wash or other source of water and projects the character of the site best when protected in place.
Specimen vegetation: A specimen tree has a eight-inch or greater caliper width trunk or multi-trunk and is in good health. A specimen saguaro has a height over twenty feet or with multiple arms or other unusual configuration that precludes salvage, yet is in good health. Other protected species or mature desert vegetation, such as a mature Ocotillo, may be a specimen plant.
Undisturbed natural desert: Naturally occurring Sonoran Desert vegetation and topographical features, including washes, are not altered except to allow decomposed granite natural trails or as necessary for utility easements. Vegetation is not pruned or removed and allows natural habitat for native animal species. Dead trees or cacti also form an integral part of the wildlife habitat.
Appendix A: Approved Plant Species List
There are disturbed areas that may require restoration and/or revegetation and/or areas where it may be necessary to enhance the existing native vegetation. In order to maintain the vegetative integrity of these areas, it is essential that the plant materials used in these areas be native to the Sonoran Desert.
The following list of native plants represents plants that are typically found in the desert of North Phoenix. Examples of areas where this plant list should be used include wash corridors and other natural open space areas, rights-of-way for major streets, e.g., Parkway "A", Lone Mountain Road, Dove Valley Road and scenic corridors.
Note: It is believed that this list is a comprehensive listing of all Sonoran Desert plants that are native to the area. For that reason, it is anticipated that this list will not change.
Trees: | |
Cercidium Floridum | Blue Palo Verde |
Cercidium Microphyllum | Foothill Palo Verde |
Chilopsis Linearis | Desert Willow |
Olneya Tesota | Ironwood |
Prosopis Velutina | Mesquite |
Shrubs: | |
Acacia Greggii | Cat Claw Acacia |
Ambrosia Ambrosoides | Canyon Ragweed |
Ambrosia Deltoidea | Triangle Leaf Bur Sage |
Asclepias Subulata | Desert Milkweed |
Atriplex Canescens | Fourwing Saltbush |
Baccharis Sarothroides | Desert Broom (Male Cultivars) |
Calliandra Eriophylla | Fairy Duster |
Canotia Holacantha | Crucifixion Thorn |
Celtis Pallida | Desert Hackberry |
Encelia Farinosa | Brittlebush |
Ephedra Aspera | |
Ephedra Trifurca | Mormon Tea |
Ericameria Laricifolia | Turpentine Bush |
Eriogonum Fasciculatum | Flattop Buckwheat |
Fouquieria Splendens | Ocotillo |
Hyptis Emoryi | Desert Lavender |
Justicia Californica | Chuparosa |
Krameria Grayi | White Ratany |
Larrea Tridentata | Cresosote Bush |
Lycium Berlandieri | Wolfberry |
Lycium Fermontii | Tomatillo |
Psilotrophe Cooperii | Paper Flower |
Simmondsia Chinensis | Jojoba |
Viguieria Deltoidea | Golden Eye |
Zizyphus Obtusifolia Var. Canescens | Greythorn |
Cacti and Succulents: | |
Carnegiea Gigantea | Saguaro |
Echinocereus Fasciculatus | Hedgehog Cactus |
Ferocactus Acanthodes | Compass Barrel |
Ferocactus Wislizenii | Fishhook Barrel |
Mammillaria Microcarpa | Fishhook Pincushion |
Opuntia Acanthocarpa | Buckhorn Cholla |
Opuntia Bigelovii | Teddy Bear Cholla |
Opuntia Engelmannii | Engelmann’s Prickly Pear |
Opuntia Fulgida | Chain Fruit Cholla |
Opuntia Leptocaulis | Desert Christmas Cholla |
Annual Wildflowers: | |
Argemone Pleiacantha | Prickly Poppy |
Eschscholzia Mexicana | Mexican Gold Poppy |
Kallstroemia Grandiflora | Arizona Poppy |
Lupinus Arizonicus | Arizona Lupine |
Lupinus Sparsiflorus | Desert Lupine |
Orthocarpus Purpuracens | Owl’s Clover |
Pectis Papposa | Chinch Weed |
Plantago Insularis | Indian Wheat |
Salvia Columbariae | Chia |
Perennial Wildflowers: | |
Argemone Platyceras | Prickly Poppy |
Baileya Multiradiata | Desert Marigold |
Dichelostemma Pulchellum | Bluedicks |
Dyssodia Pentachaeta | Dyssodia |
Erigeron Divergens | Spreading Fleabane |
Penstemon Parryii | Parry’s Penstemon |
Senna Covesii (Cassia) | Desert Senna |
Grasses: | |
Aristida Purpurea | Purple Three-Awn |
Hilaria Rigida | Big Galeta |
Trichachne Californica | Cotton-Top |
There are public areas where it may not be as critical that plant materials used are native to the Sonoran Desert but it is important that plant materials represent plants that are generally native to the southwest deserts or have the appearance of being native to those deserts. The following plant list is an expansion of the above list and includes Sonoran Desert natives as well as non-natives that are representative of southwest deserts. This plant list is to be used for public areas. | |
Trees—In addition to those identified above. | |
|---|---|
Acacia Berlandieri | Guajillo Acacia |
Acacia Farnesiana | Sweet Acacia |
Acacia Occidentalis | Sonoran Catclaw Acacia |
Acacia Schaffneri | Twisted Acacia |
Acacia Stenophyllia | Shoestring Acacia |
Acacia Willardiana | Palo Blanco |
Bauhinia Congesta | Anacacho Orchid Tree |
Caesalpinia Cacalaco | Cascalote |
Cercidium Hybrid | Desert Museum Paloverde |
Cercidium Praecox | Palo Brea |
Leucaena Retusa | Golden Ball Lead Tree |
Lysiloma Microphylla Var. Thornberi | Desert Fern |
Pithecellobium Flexicaule | Texas Ebony |
Pithecellobium Mexicanum | Palo Chino/Mexican Ebony |
Pithecellobium Pallens | Tenaza |
Prosopis Glandulosa | Honey Mesquite |
Prosopis Pubescens | Screwbean Mesquite |
Prosopis Torreyana | Texas Mesquite |
Sophora Secundiflora | Mescal Bean |
Ungnadia Speciosa | Mexican-Buckeye |
Shrubs—In addition to those identified above: | |
Acacia constricta | White Thorn Acacia |
Aloysia Gratissima | Bee Bush |
Aloysia Lyciodes | Bee Bush |
Aloysia Macrostachya | Sweet-Stem |
Anisacanthus Andersonii | Anderson’s Honeysuckle |
Anisacanthus Quadrifidus | Flame Honeysuckle |
Aniscanthus Thurberi | Desert Honeysuckle |
Artemesia Ludoviciana | White Sage |
Atriplex Hymenelytra | Desert Holly |
Atriplex Nummularia | Old Man Saltbush |
Berberis Haematocarpa | Red Barberry |
Buddleia Marrubifolia | Wooly Butterfly Bush |
Caesalpinia Gilliesii | Desert Bird of Paradise |
Calliandra Californica | Baja Red Fairy Duster |
Calliandra Peninsularis | Baja Red Fairy Duster |
Canotia Holacantha | Crucifixion Thorn |
Cassia Biflora | Twin Flower Cassia |
Cassia Wislizenii | Shrubby Cassia |
Cordia Boissieri | Anacahuita |
Cordia Parvifolia | Little Leaf Cordia |
Dalea Bicolor Var. Argyraea | Silver Dalea |
Dalea Frutescens | Black Dalea |
Dalea Pulchra | Indigo Bush |
Dalea Versicolor Var. Sessilis | Wislizenus Dalea |
Dodonaea Viscosa | Hopbush |
Erythrina Flabeliiformis | Southwest Coralbean |
Euphorbia Antisyphilitica | Candelilla |
Gutierrezia Microcephala | Snakeweed |
Justicia Candicans | Red Justicia |
Justicia Sonorae | Palm Canyon Justicia |
Justicia Spicigera | Mexcan Honeysuckle |
Krameria Parvifolia | Ratany |
Leucophyllum Candidum | Silver Sage |
Leucophyllum Frutescens | Texas Sage |
Leucophyllum Laevigatum | Chihuahuan Sage |
Leucophylumm Langmaniae | Sierra Madre Sage |
Leucophyllum Pruinosum | Fragrant Sage |
Leucophyllum Revolutum | |
Leucophyllum Zygophyllum | Blue Ranger |
Lotus Rigidus | Desert Rock Pea |
Mimosa Biuncifera | Wait-a-Minute Bush |
Mimosa Dysocarpa | Velvet Pod Mimosa |
Rhus Microphylla | Desert Sumac |
Rhus Ovata | Sugarbush |
Rhus Trilobata | Skunkbush |
Ruellia Brittoniana | Britton’s Ruellia |
Ruellia Californica | Ruellia |
Ruellia Peninsularis | Ruellia |
Salvia Chamaedryoides | Blue Sage |
Salvia Clevelandii | Chapparal Sage |
Salvia Greggii | Autumn Sage |
Salvia Leucophylla | Mexican Bush Sage |
Salvia Dorrii | Desert Sage |
Tecoma Stans | Yellowbells |
Trixis Californica | Trixis |
Ungradia Speciosa | Mexican Buckeye |
Vauquelinia Corymbosa | Narrow-Leaf Rosewood |
Vauquelinia Californica | Arizona Rosewood |
Groundcovers: | |
Atriplex Semibaccata | Saltbush |
Baccharis Cv. "Centennial" | Centennial Baccharis |
Dalea Greggii | Indigo Bush |
Oenothera Berlandieri | Mexican Evening Primrose |
Oenothera Caespitosa | Trailing Evening Primrose |
Oenothera Stubbei | Saltillo Primrose |
Verbena Bipinnatifida | Verbena |
Verbena Goodingii | Gooding’s Verbena |
Verbena Tenera | Moss Verbena |
Cacti and succulents—In addition to those identified above. This is a sample list of cacti and succulents that may be appropriate for the area. Other may be appropriate based on similarity of height, context, texture, and color as well as suitability to the natural environment. | |
Agave Spp.—Sample listing: | |
Agave Colorata | Mescal Ceniza |
Agave Parryi | Parry’s Agave |
Agave Victorae-Reginae | Royal Agave |
Agave Vilmoriniana | Octopus Agave |
Agave Murpheyi | Murphy’s Agave |
Aloe Spp.—Sample listing: | |
Aloe Barbadensis | Medicinal Aloe |
Aloe Ferox | Tree Aloe |
Aloe Saponaria | Tiger Aloe |
Aloe Marlothii | Tree Aloe |
Aloe Striata | Coral Aloe |
Cactaceae—Sample listing: | |
Echinocactus Grusonii | Golden Barrel |
Lophocereus Schottii | Senita |
Opuntia Basilaris | Beavertail Prickly Pear |
Opuntia Violacea | Purple Prickly Pear |
Pachycereus Marginatus | Mexican Organ Pipe |
Stenocereus Thurberi | Arizona Organ Pipe |
Dasylirion Acrotriche | Green Desert Spoon |
Dasylirion Wheeleri | Sotol, Desert Spoon |
Hesperaloe Funifera | |
Hesperaloe Parviflora | Red Hesperaloe |
Nolina Mataepensis | Tree Bear Grass |
Nolina Microcarpa | Bear Grass |
Yucca Brevifolia | Joshua Tree |
Yucca Rigida | Blue Yucca |
Yucca Rostrata | Beaked Yucca |
Annual wildflowers—In addition to those identified above: | |
Gaillardia Pulchella | Firewheel |
Layia Platyglossa | Tidy Tips |
Lesquerella Gordonii | Yellow Blanket |
Phacelia Campaularia | California Blue Bell |
Perennial wildflowers—In addition to those identified above: | |
Allionia Incarnata | Trailing Windmills |
Delphinium Amabile | Larkspur |
Melampodium Leucanthum | Blackfoot Daisy |
Penstemon Baccharifolius | Rock Penstemon |
Penstemon Barbatus | Scarlet Penstemon |
Penstemom Eatonii | Firecracker Penstemon |
Penstemon Palmeri | Palmer’s Penstemon |
Penstemon Spectablils | Royal Penstemon |
Penstemon Superbus | Superb Penstem |
Ratibida Columnaris | Mexican Hat, Coneflower |
Sphaeralcea Ambigua | Globe-Mallow |
Tagetes Lemonnii | Mount Lemmon Marigold |
Zinnia Acerosa | Desert Zinnia |
Zinnia Grandiflora | Rocky Mountain Zinnia |
Grasses—In addition to those identified in above: | |
Muhlenbergia Dumosa | Giant Muhly |
Muhlenbergia Porteri | Bush Muhly |
Muhlenbergia Rigens | Deer Grass |
Vines: | |
Antigonon Leptopus | Coral Vine |
Callaeum Macroptera | Yellow Orchid Vine |
Clematis Drummondi | Virgin’s Bower |
Maurandya Antirrhiniflora | Snapdragon Vine |
Merremia Aurea | Yuca |
Sonoran Image Plant List—General Landscape Areas: | |
There are areas where it may not be as critical that plant materials used are native to the Sonoran Desert or representative of the American Southwest Deserts, but it is important that the "Sonoran Image" be maintained. The following plant list is a broader representation of drought tolerant plants and includes non-natives that are considered appropriate for the area. This plant list is to be used primarily for residential development in private yards. | |
Note: Although this list is considered comprehensive, it is not exhaustive. In addition, it is anticipated that new plant materials may be added to the list as plants are introduced in the future. Interested persons are encouraged to suggest and/or propose plant materials to add to this list. Those will reviewed by City staff and if determined appropriate, included in this list. | |
Trees—In addition to those identified above, for use in private yards only: | |
Acacia aneura | Mulga |
Acacia Craspedocarpa | Leather Leaf Acacia |
Acacia Saligna | Blue Leaf Wattle |
Acacia Salicina | Willow Leaf Acacia |
Caesalpinia Cacalaco | Cascalote |
Eucalyptus Formannii | Formann’s Eucalyptus |
Eucalyptus Spathulata | Narrow-Leaf Gimlet |
Eucalyptus Torquata | Coral Gum |
Geoffroea Decorticans | Chilean Palo Verde |
Pittosporum Phillyraeoides | Willow Pittosporum |
Prosopis Alba | Argentine Mesquite |
Prosopis Chilensis | Chilean Mesquite |
Shrubs—In addition to those identified above, for use in private yards only: | |
Caesalpinia Mexicana | Mexican Bird of Paradise |
Caesalpinia Pulcherrima | Red Bird of Paradise |
Cassia Artemisioides | Feathery Cassia |
Cassia Nemophila | Desert Cassia |
Cassia Phyllodinea | Silver-Leaf Cassia |
Eremophila Glabra | Emu Bush |
Euphorbia Rigida | |
Salvia Leucantha | Mexican Bush Sage |
Ground covers—In addition to those identified above, for use in private yards only: | |
Cephaloophyllum Cv. "red spike" | Red Spike Ice Plant |
Dorsanthemum Speciosum | Ice Plant |
Gazania Rigens | Trailing Gazania |
Verbena Peruviana | Peruvian Verbena |
Verbena Rigida | Sandpaper Verbena |
Cacti—In addition to those identified above, for use in private yards only: | |
Agave Americana | Century Plant |
Cereus Hildmannianus | Hildmann’s Cereus |
Lophocereus Schottii | Senita |
Trichocereus Candicans | Argentine Trichocereus |
Yucca Aloifolia | Spanish Bayonet |
Yucca Baccata | Banana Yucca |
Yucca Elata | Soaptree Yucca |
Annual wildflowers—Same as identified above. | |
Perennial wildflowers—Same as identified above. | |
Grasses—Same as identified in above. | |
Vines—In addition to those identified above, for use in private yards only: | |
Podranea Ricasoliana | Pink Trumpet Vine |
Bouganvillea | |
Appendix B: Prohibited/Invasive Plant Species
Brachychiton Populneus | Bottletree |
Cenchrus Ciliaris or Pennisetum Ciliare | Buffel Grass |
Cynodon Dactylon | Common Bermuda Grass |
Eragrostis Lehmanniana | Lehmann’s Lovegrass |
Eucalyptus Sp. | Eucalyptus |
Gutierrezia Sarothrae | Snakeweed |
Hordeum Jubatum | Foxtail Barley |
Washington Sp. | Fan Palm |
Pennisetum Sp. | Fountain Grass |
Oleander Sp. | Oleanders—Except for petite varieties |
Thevtic Peruviana | Yellow Oleander |
Olea Sp. | Olive Trees |
Parkinsonia Aculeata | Jersualem Thorn/Mexican Palo Verde |
Pinus Sp. | Pines |
Prosopis Chilensis | Chilean Mesquite—In parking areas |
Rhus Lancea | African Sumac |
Section 656. Central City South Interim Overlay (CCSIO) District.
A. Purpose. The Central City South Interim Overlay District is designed to protect and enhance residential character in the area, promote community identity, reduce open land uses, discourage undue concentration of environmentally harmful land uses, and promote well managed growth. The CCSIO is an interim overlay and will be re-examined upon completion of the Central City South area plan.
B. Applicability. The CCSIO District is the area bounded on the west and south by I-17, on the east by Central Avenue, on the north by Lincoln Street between Central and 3rd Avenue and by the Union Pacific Railroad Line between 3rd Avenue and I-17.
The CCSIO applies to all new land uses or new development established after the effective date of this ordinance within. The CCSIO district will not apply to those properties that have received preliminary site plan approval or a building permit prior to the effective date of this ordinance.
Except as provided in Section C, land in the CCSIO District may be used for all uses permitted in the base district in accordance with the standards and procedures established in this ordinance and the limitations of Section D or Section E or Section F. In such instance where there is a conflict between the uses permitted in the base district and the provisions of the Section D, E and F, the more restrictive regulations shall apply.
C. Prohibited Uses. The following uses are not permitted within the CCSIO district.
1. Commercial slaughtering of animals.
2. Commercial waste facilities used to collect, treat, store, process, transfer or dispose of solid waste. Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment dissolved materials in domestic sewage, or solid and dissolved materials in irrigation return flows, or discharges from point sources subject to permits issued pursuant to 33 USC Section 1342 or Arizona Revised Statutes Section 49-255.01, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, or facilities that treat, store or dispose of hazardous waste as defined in Section 648 of the Phoenix Zoning Ordinance. Facility includes all contiguous land, structures, other appurtenances and improvements on the land.
3. Outdoor advertising structures (billboards).
4. Junk yards, wrecking yards and salvage yards.
D. Special Permit Uses. The following uses shall be subject to special permit approval in accordance with Section 504.1.
2. Open Outdoor Primary Uses. Those primary uses shall include, but are not limited to, long-term storage, storage of vehicles for a period of longer than one week, outdoor storage of equipment for a period of longer than one week or any primary use conducted outside of an enclosed structure.
3. Used car sales.
E. Use Permit Uses. The following uses shall be subject to use permit approval in accordance with Section 307.
1. Day labor hiring and associated transportation centers.
2. Pawn shops.
3. Tattoo shops.
F. District Restrictions.
1. All development zoned A-1 and A-2 shall be subject to the development standards of Section 626.H, the Commerce Park/General Commerce Park districts standards. New developments on parcels that are less than 10 acres are subject to administrative review by the Planning and Development Director or his/her designee. The Planning and Development Director shall determine which screening and setback standards of Section 626.H shall apply. Where solid walls are required, other appropriate screening may be applied. The Planning and Development Director’s decision can be appealed to the Planning Commission and ultimately to the City Council. For those uses or development that are considered non-conforming due to the provisions of the CCSIO district, the new standards shall apply only to expansion areas.
2. All new homes in the CCSIO district shall be subject to the design review process of Section 507 Tab A, II. for Single-family Design Review. The design review shall apply to all new homes regardless of lot width.
In addition to the provisions of tab a, ii. of the Zoning Ordinance, new one and two units per lot residential development shall be subject to the following provisions:
a. All driveways and parking spaces shall be hard surface.
b. Each dwelling unit shall have at least one covered parking space located in a garage or under a carport. The design of the covered parking shall be substantially similar with regard to texture, color and material to that of the housing.
c. The front yard open space of a two unit per lot development shall be landscaped and separated from the driveway and parking areas by a three foot wall, fence, or physical barrier.
d. Unless all Zoning Ordinance required parking is provided along an alley, a contiguous one-half of the area between the rear lot line and the setback line shall be landscaped and separated from the driveway and parking areas by a physical barrier such as a three foot wall or fence.
e. Where two detached units are placed on a single lot, a notice that the lots are not to be split without prior City approval shall be recorded prior to issuance of building permits and the recorded document noted on the submitted site plan.
Section 657. FH-Flood Hazard and Erosion Management District.
A. Purpose and Intent. The purpose of the Flood Hazard and Erosion Management District is to establish regulations pertaining to the use and development of land within erosion control zones. These regulations are designed to minimize potential adverse impacts to the public health, safety, and general welfare, including but not limited to the loss of life and property which may result from flooding caused by storm event surface runoff. It is further intended that watercourses be retained and maintained in a natural desert state with limited flood control structures. Flood control structures shall be designed to reflect a natural condition and to blend with the natural environment.
B. Permitted Uses.
1. Conveyance of stormwater. The watercourse shall remain in a natural state, except that limited structural improvements shall be permitted (when deemed necessary by the Flood Control District of Maricopa County and/or City of Phoenix pursuant to a Watercourse/Area Drainage Master Plan Study to ensure the public health, safety, and welfare and when designed to reflect a natural condition through such means as color treatment or buried cutoff walls).
2. Water recharge.
3. Open space, natural or unimproved.
4. Open space, improved—shall be limited to non-motorized recreational activities including hiking/riding trails, exercise par courses, picnic areas and similar activities within a natural desert landscape. There shall be no game/sports courts or grassed areas. Structures shall be limited to security lighting, open fencing, shade structures, tables, seating, and exercise equipment which shall not impede stormwater conveyance.
5. Residential use—When a lot or parcel that is partially covered by this zoning district also includes land that is residentially zoned, then residential use at a density not to exceed one dwelling unit per acre on the portion covered by this district may be transferred to the adjoining residential district. In addition, all structures, parking, and accessory uses, except as otherwise permitted by this district, shall be transferred to the adjoining residential zoning district.
6. Non-residential development—When a lot or parcel that is partially covered by this zoning district also includes land that is non-residentially zoned, then non-residential intensity at a floor area ratio of 0.1 on the portion covered by this district may be transferred to the adjoining non-residential district. In addition, all structures, parking, and accessory uses, except as otherwise permitted by this district shall be transferred to the adjoining non-residential districts.
7. Utilities—which shall be limited to wash crossings only. All installations shall be protected against scouring.
8. Roadway/bridge crossings. The span between bridge abutments shall be as recommended in the Flood Control District of Maricopa County and/or City of Phoenix Watercourse Master Plan. The use of piers (as necessary) is not precluded. The height of the span shall allow for appropriate wildlife corridor use as approved by the City of Phoenix. Temporary wet crossings, as approved by the City of Phoenix, may be allowed when deemed necessary to provide private or public access.
C. District Requirements.
1. An application for the establishment of this district shall be made in accordance with Section 506.B following the completion of a Watercourse/Area Drainage Master Plan Study approved by the Flood Control District of Maricopa County and the City of Phoenix to determine the extent of the erosion control zone.
2. There shall be no fill or excavation of material within this district except as minimally necessary to construct utility and roadway/bridge crossings, flood control structures, and landscape enhancements or restoration.
3. Resource based revegetation and where appropriate, native landscape enhancements shall be permitted as approved by the City of Phoenix.
4. The width of utility or roadway construction corridors shall be the minimum necessary as approved by the City of Phoenix. The corridor shall be fenced (or an acceptable alternative) to prevent disturbance beyond the corridor. Following construction the corridor shall be revegetated as approved by the City of Phoenix utilizing resource based vegetation.
5. When the area covered by this zoning district is combined with an adjacent zoning district/s for development purposes, then the flood hazard and erosion management zone area may be used to calculate setback or open space requirements for the developed portion of the site.
6. When the area covered by this zoning district utilizes residential density or non-residential intensity transfer as provided in Subsection B.4 or B.5, then the area shall be dedicated as a drainage and open space tract at the time of development review approval.
7. That except as specifically regulated herein, development within the district shall be subject to the Phoenix City Code, Article 1, Chapter 32B, Floodplains.
D. Development Review Approval.
1. Development review and approval is required in accordance with Section 507 for development purposes.
Section 658. Deer Valley Airport Overlay (DVAO) District.
A. Purpose. The Deer Valley Airport Overlay (DVAO) District is intended to protect the health, safety and welfare of persons and property in the vicinity of Deer Valley Airport (DVA) and to protect the long term viability of DVA as a general aviation facility by:
•Ensuring land use compatibility with airport operations.
•Protecting navigable airspace from physical encroachment.
•Requiring permanent notice of flight operations to property owners.
B. Applicability. This district applies to properties around the Deer Valley Airport within an area that, in general, is bounded by Happy Valley Road on the north, 29th and 31st Avenues on the west, Rose Garden Lane (and its alignment) on the south, and Cave Creek Road, the Central Arizona Project Canal, 16th Street and 20th Street alignment on the east. The district boundaries and related regulation areas are delineated on the City’s Official Supplementary Zoning Map No. 1116 adopted on November 29, 2006.
All new land uses or new development established after the effective date of this ordinance, February 14, 2007, are subject to the standards and procedures established herein. The requirements of the DVAO District do not apply to those land uses or developments that have received preliminary site plan approval or a building permit prior to the effective date of this ordinance. Except as provided in Section 658.C, land in the DVAO District may be used for all uses permitted in the underlying district in accordance with the standards and procedures established herein. The more restrictive regulation shall apply where there is conflict between the provisions of this ordinance and any other section of the City of Phoenix Zoning Ordinance.
C. Regulation Areas: The DVAO District is divided into three separate regulation areas. When a parcel falls partially into one or more of the regulation areas, the most restrictive regulation area shall apply to the entire parcel.
1. Prohibited uses, Area 1: No residential uses are permitted in the A-1 Zoning District; except that one dwelling unit, which may be a mobile home, may be maintained as an accessory use to an industrial or agricultural use for housing a watchman or caretaker employed on the premises.
2. Prohibited uses, Areas 2 and 3: Same as Area 1 and the following:
a. Adult day care home or center.
b. Assembly hall and auditorium.
c. Boarding house.
d. Church or similar place of worship; including parish houses, parsonages, rectories and convents, and dormitories (including all elements of such as defined in Section 608.E.21).
e. Community residence home or center.
h. Group home.
i. Gymnasium; private or commercial.
(j) Hospital.
(k) Motion picture theater.
(l) Nursery school.
(m) Nursing home.
(n) Public assembly uses limited to active recreational and spectator only.
(o) Residential uses in the C-1, C-2 or C-3 Zoning Districts; except that one dwelling unit may be maintained as an accessory use to a self-service storage warehouse for housing a watchman or caretaker employed on the premises.
(p) School, private.
3. Height restrictions: The underlying zoning shall establish the allowable height for a parcel in Areas 1 and 2 of the DVAO District. In Area 3, all structures and any parts of any structure, as well as any of the listed items in Section 701.B, are subject to the following height restrictions as shown in figure 1. Distances shown shall be measured horizontally from the centerline of 19th Avenue and 7th Street, respectively. All heights shall be measured from the existing natural grade of the site.
D. Avigation Notice Requirement: The property owner shall provide a copy of the recorded avigation notification to the Planning and Development Department when applying for a building permit. The avigation notification shall have been recorded upon the title of the parcel by the property owner and bear the seal of the Maricopa County Recorder’s Office. This notice requirement shall apply to the expansion of an existing building or new construction greater than 2,000 square feet.
The avigation notification shall be on a City approved template form that is available from the Planning and Development Department. The avigation notice will include the following information:
1. Disclosure language describing the operational characteristics of the airport, including flight training operations, and;
2. Reference to the availability of the approved Deer Valley Airport Master Plan for public review, and;
3. A complete legal description of the subject parcel, and;
4. A copy of the official airport disclosure map, as provided to the Arizona Department of Real Estate per A.R.S. § 28-8486, and;
5. A notation of the applicability of 49 U.S.C. § 401 and 14 C.F.R. § 91.119 (2005) to the operation of aircraft and that the airspace above the property is always subject to the public right of transit through navigable airspace, and;
6. That aircraft traffic and utilization of the airport is expected to increase over time.
Section 659. Planned Shopping Center Overlay District.
The provisions of this Section shall apply only to land rezoned PSC Overlay after the effective date of (December 5, 2003).
The intent of this district is to provide for well designed retail shopping facilities in appropriate locations and, further, that the district shall be laid out and developed as a unit according to an approved plan so that the purpose of the district may be accomplished.
A. District Regulations. Unless otherwise specifically provided in this section, the following restrictions shall apply to this district:
1. All commercial uses shall be restricted to closed buildings except parking lots, plant nurseries, non-mechanized playgrounds for children as an accessory use, and certain service station operations.
a. Accessory uses may be conducted out of doors subject to development review approval and subject to Section 637.B.5.
b. Only the normal pump island services shall be permitted as outdoor service station operations.
c. Drive-up or drive-thru facilities housing permitted uses are allowed in a free-standing or "kiosk" type service building of no more than two hundred fifty (250) square feet in size, subject to a use permit. if there are more than two (2) such faculties proposed for any one site, they may be required to be grouped for common access as a condition of the use permit approval.
2. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. No noise, odor or vibration shall be emitted so that it exceeds the general level of noise, odor or vibration emitted by uses outside the boundaries of the P.S.C. Overlay District. Such comparison shall be made at the boundary of the P.S.C. Overlay District.
3. No accessory use shall be permitted except as specified in this section as a permitted or accessory use. No accessory use or uses may employ a use of floor space having a total in excess of ten percent (10%) of the floor space of the primary use. No accessory use shall operate at hours when the primary use is closed. An accessory use shall not include any manufacturing except custom handcrafting of wearing apparel or personal accessories for direct retail to the user.
4. Promotional events: promotional events consisting of productions, displays or exhibits produced for the purpose of attracting persons to a shopping center shall be permitted. Promotional event activities are considered separate and distinct from the outdoor sales of food items, which activity must comply with its own requirements in order to be considered a permitted use. Such promotional events shall be permitted outside a closed building, mall or open inner court only when such area is dust free and when a promotional event permit has been issued in advance by the Planning and Development Department of the City of Phoenix. Such promotional event permit shall be issued only to a shopping center upon application by its authorized representative who shall attest that the promotional event will comply with the requirements of this section and be in conformance with the application as approved.
a. General Provisions:
(1) No participation fee, entrance fee or contribution shall be requested or required of the public except that fees may be charged for amusement rides or facilities. no more than five (5) rides or amusement facilities shall be allowed, and no such ride or facility shall exceed fifteen (15) feet in height.
(2) No direct light or sound associated with such promotional event shall be visible or broadcast beyond the boundaries of the shopping center.
(3) The number of parking spaces available to the public shall not be reduced below the number required by Section 637.D.
(4) Promotional events shall not be conducted between the hours of 10 p.m. and 9 a.m.
(5) Circuses, carnivals and similar uses shall be prohibited under this section.
(6) No food or beverages shall be sold within the space required or occupied by the promotional event.
b. Application For Permit. The application for a promotional event permit shall be filed with, and on a form provided by the Planning and Development Department.
c. Major And Minor Promotional Events. A promotional event which requires the use of a percentage of the parking area:
(1) In excess of two percent (2%) shall be a major event.
(2) Of two percent (2%) or less shall be a minor event.
For the purposes of this section, the parking area shall be that area computed by multiplying the actual number of parking spaces by three hundred (300) square feet. Said parking spaces shall be in accordance with the provisions of Section 702.
d. The minimum distance from any residential district to the nearest point of the area used by the event shall be:
(1) Four hundred (400) feet for a major promotional event.
(2) Two hundred (200) feet for a minor promotional event.
e. The maximum permitted time of occupancy, including installation and removal, shall not exceed:
(1) Fifteen (15) days for a major promotional event.
(2) Five (5) days for a minor promotional event.
f. The number of promotional events in any shopping center in any calendar year shall be limited to:
(1) Six (6) for major promotional events.
(2) Twenty-four (24) for minor promotional events.
g. Promotional event fees are set forth in an ordinance, a copy of which is on file with the City Clerk and which is available in the Planning and Development Department.
h. The provisions of this section shall not apply to a one-man exhibition with no more than one (1) piece of equipment or exhibit such as, but not limited to, a horse, a truck, an automobile, a small merry-go-round with the provisions that the ride shall be not more than fifteen (15) feet in height.
i. Exceptions may be permitted for events not exceeding ten (10) days occupancy, including installation and removal, subject to use permit approval, for any or all of the promotional uses listed below:
(1) Such exceptions for which a use permit may be sought are:
(A) Events in excess of five (5) rides or amusement parks.
(B) Events with rides or amusement facilities exceeding fifteen (15) feet in height.
(C) Other events, including those for which admission fees may be charged.
(D) Events at which food or beverages may be sold.
(2) Such exceptions may be approved for a specified location on a single application for not more than four (4) events within one (1) calendar year.
(3) Such exceptions do not constitute a waiver of any license, inspection, permit or other requirements which are otherwise applicable to the event or use.
5. No large scale commercial retail developments are permitted.
6. All residential district uses and general hospitals as licensed by the Arizona Department of Health Services are prohibited.
B. Permitted Uses. The following permitted uses may be located in any P.S.C. Overlay District when such use is consistent with what is shown on the site plan approved prior to December 5, 2003. New uses that result in site modifications, excluding interior tenant improvements, that are not consistent with the previously approved site plan must be shown on an amended site plan, indicating conformance with the provisions of Section 507 Tab A and as approved under Section 637.D-F:
1. All uses permitted in the C-1 District except those excluded in subsection a above.
2. The maximum floor area for the total of all offices for professional or medical use, offices wherein administrative, clerical or sales services are rendered, and offices for banks, building and loan associations, brokerage houses, savings and loan associations, finance companies, title insurance companies and trust companies shall not exceed twenty-five percent (25%) of the tenant leasable area of the P.S.C. Overlay site. This standard shall apply to all centers except those located in primary village cores as designated in the general plan.
3. Ambulance service—Administrative offices only.
4. Antiques, wholesale as an accessory use to retail sales.
5. Artificial limbs, braces, sales.
6. Assayers (see laboratory).
7. Artists’ materials and supplies, wholesale accessory to retail sales.
8. Automobile parts and accessories, retail sales, including as an accessory use the installation of parts sold on the premises and light servicing which shall not include:
1. Work on any vehicle over three-quarter (3/4) ton rated capacity.
2. Engine or transmission overhaul or replacement.
3. Body work, painting, air conditioning installation, radiator coring or replacement.
9. Automobile rental and leasing, provided that not more than six (6) automobiles may be stored out of doors.
11. Bakers and baked goods, manufacturing, wholesale and storage, subject to use permit.
12. Balls and bearings, retail sales.
13. Bank vault storage, subject to a use permit.
14. Barbers’ supplies, wholesale as accessory to retail sales.
15. Bars and cocktail lounges only when said establishment is not closer than 300 feet to any residence district. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed use is to be conducted closest to the residential district zoning line.
a. Recorded music may be provided.
b. Live music and entertainment shall be permitted subject to the following regulations:
(1) The stage or performance area shall be a maximum of 80 square feet unless a use permit is obtained.
(2) The noise level, measured at any point on the received property, shall not exceed 55 dBa unless a use permit is obtained. An occurrence where the sound level increases up to 60 dBa for five continuous seconds or less shall not be deemed a violation of this section as long as there are no more than five occurrences within an hour long interval.
(3) Nothing in this section shall be construed to include an adult use.
c. Patron dancing shall be permitted only upon securing a use permit.
d. Outdoor dining, outdoor recreation uses, and outdoor alcoholic beverage consumption shall be permitted as accessory uses only upon securing a use permit.
e. Outdoor food preparation and cooking shall be permitted as an accessory use subject to the following conditions:
(1) Securing a use permit.
(2) The regularly used cooking area inside the establishment shall be of equal or greater size than the outdoor cooking area.
(3) The outdoor cooking area shall be located within 50 feet of a building entrance from where the restaurant is operated. This distance shall be measured from the appliance in the outdoor cooking area closest to the building entrance from where the restaurant is operated.
(4) The outdoor cooking area shall be set back a minimum of 300 feet from a residential district. This distance shall be measured from the appliance in the outdoor cooking area closest to the residential district zoning line.
16. Bathroom accessories, display and retail sales only.
17. Beauty shop:
a. Massage therapy, preformed by a licensed massage therapist employed by the beauty salon, is permitted as an accessory use.
18. Beauty shop equipment, retail sales.
19. Bingo.
20. Blueprinting.
21. Boats, retail sales (indoor only).
22. Bookbinders, commercial.
23. Booksellers and retailers, except adult book stores.
24. Bowling alleys.
25. Brushes, retail sales.
26. Building materials, retail sales only.
27. Burglar alarm equipment sales and service.
28. Burglar alarm watching service.
29. Business machines, distribution and retail sales, repair and service.
30. Butchers’ supplies, wholesale as an accessory to retail sales.
31. Carpet, rug and furniture cleaners:
a. All activity except loading and unloading restricted to a closed building.
b. All solvents, shampoos, detergents and other agents shall be non-combustible and non-explosive, and shall require approval of the City Fire Marshal, and shall not emit odors beyond the zoned lot boundaries.
c. Only hand portable machinery shall be permitted.
32. Car wash. May be in an open building subject to a use permit.
33. Cigarette service.
34. Clothing, wholesale and retail sales.
36. Coin machines, retail and service.
37. Compressed natural gas (CNG) retail sales, as an accessory use to automobile service stations, subject to the following limitations:
a. A use permit shall be obtained in accordance with the standards and procedures of Section 307 when the equipment is located on a lot or parcel which is contiguous to a lot or parcel which is zoned for residential development.
b. Natural gas fueling equipment may be sheltered by an enclosure constructed of noncombustible or limited combustible materials that has at least one side predominantly open and a roof designed for ventilation and dispersal of escaped gas. This facility shall be considered outdoors for Zoning Ordinance purposes. If the fueling equipment is not sheltered by such a structure, the equipment shall be screened with a masonry block wall which is architecturally compatible with the buildings on the site; the wall shall be predominantly open on one side.
c. The equipment shall not be located closer than one hundred (100) feet to a residential property line or four hundred (400) feet to a school property line.
d. The use shall comply with all pertinent requirements of the Phoenix Fire, Building, and Electrical Codes.
e. Signage on shelter wall shall be limited to that required by Fire Code.
f. No container shall exceed a size of three hundred (300) gallons water capacity; no more than six (6) containers shall be included at a CNG facility. The containers shall be mounted horizontally.
38. Confectioners, wholesale and retail sales.
39. Contractors’ equipment and supplies, retail sales.
40. Contractors’ office with inside storage of materials only.
41. Curios, wholesale and retail sales.
42. Dental laboratories.
43. Dental supplies, wholesale as an accessory to retail sales.
44. Dolls, repairing.
45. Draperies, manufacturing as an accessory use to retail sales.
46. Drawing, wholesale as an accessory to retail sales.
47. Electric equipment, retail sales and repair.
48. Engravers.
49. Family game center.
50. Farm implements and machinery, retail sales.
51. Feed, retail and sales office.
52. Fire protection equipment and supplies, retail sales and service.
53. Floor coverings, retail.
54. Florist, wholesale and retail sales.
56. Gas regulating equipment, sales and service.
58. Janitors’ supplies, storage and warehouse.
59. Jewelers, manufacturing as an accessory to retail sales.
60. Jewelers, wholesale.
61. Key shop.
62. Kiddieland, subject to a use permit.
63. Laboratories, clinical, testing and research.
64. Laundries, maximum 3,000 square feet.
65. Laundry equipment and supplies.
66. Lawn furniture, retail sales.
67. Lawn mower repair shops.
68. Leather goods, repairing and sales, custom or handicraft as an accessory to retail sales.
69. Lithographers.
70. Lockers, food storage.
71. Locksmiths’ repair and key shops.
72. Machinery dealers, retail sales and showrooms.
73. Machinery rental.
74. Magazine, retail sales, except adult book stores.
75. Medical supplies, retail sales and rentals.
76. Millinery shops.
77. Milling equipment retail sales and showrooms.
78. Mimeographing and multigraphing, commercial.
79. Monuments, retail sales and display.
80. Mortuary.
81. Motion picture equipment, retail sales and display.
82. Motion picture theatres.
83. Music store and musical instruments, repairing and retail sales.
84. Music studios.
85. News dealers.
86. News service.
87. Non-mechanized playground for children as an accessory use.
88. Novelties, wholesale as an accessory to retail sales.
89. Office service: stenographic service, letter preparation, addressing and mailing, duplicating, multigraphing, machine tabulation, research and statistical.
90. Optical goods, manufacturing and sales.
91. Orthopedic appliances, manufacturing and sales.
92. Outdoor sales of food items: Outdoor sales of food items shall be permitted as an accessory use to retail grocery sales as follows, with no more than one entity selling such items permitted at any one time:
a. Outdoor chili roasting, subject to obtaining a use permit under Section 307 and the following limitations:
(1) All roasted chilies sold must be consumed off site.
(2) Sales must be conducted by employees of the retail grocery store.
(3) Sales area must be located within twenty (20) feet of the front door and not in the parking lot, or as approved by the Zoning Administrator.
(4) Sales limited to the hours of 12:00 noon to 8:00 p.m. each day.
(5) Payment for product must occur indoors.
(6) Employees preparing the food product shall have a food safety permit.
(7) Equipment used for food preparation shall be immobile during operation. plans for the use of equipment that is fueled by gasoline, propane or similar form of fuel must be approved by the Fire Department.
b. The preparation of food items outdoors other than roasted chilies will be permitted, subject to obtaining a use permit, for no more than 3 months per year on any site, subject to the following limitations:
(1) All food products sold must be consumed off site.
(2) Sales must be conducted by employees of the retail grocery store.
(3) Sales area must be located within twenty (20) feet of the front door and not in the parking lot, or as approved by the Zoning Administrator.
(4) Sales limited to the hours of 12:00 noon to 8:00 p.m. each day.
(5) Payment for product must occur indoors.
(6) Employees preparing the food product shall have a food safety permit.
(7) Equipment used for food preparation shall be immobile during operation. plans for the use of equipment that is fueled by gasoline, propane or similar form of fuel must be approved by the Fire Department.
c. The sale of packaged food items that are not prepared on site shall be permitted for no more than three (3) months on any site, subject to the following limitations:
(1) Sales shall be limited to nonprofit organizations or other recognized community entities raising funds for non-personal purposes. No sales by individuals or for personal gain shall be permitted.
(2) Sales limited to the hours of 8:00 a.m. to 10:00 p.m. each day.
(3) Sales areas shall be limited to the private walkway areas adjacent to the building and not in the parking lot.
(4) Sales must be conducted with written permission of grocery store owner or his duly designated representative.
No direct light, sound, smoke or odor caused by any food processed or sold on site shall be broadcast beyond the property boundaries. The outdoor sales operation shall not be visible from adjacent residential areas.
93. Photographic developing and printing.
94. Photo-engraving company.
95. Physical therapy equipment, wholesale as an accessory to retail sales.
96. Plumbing fixtures and supplies, display and retail sales.
97. Pool and billiard halls.
98. Poster illustration, studio.
99. Pottery and ceramics, wholesale as an accessory to retail sales.
100. Precision instruments, custom repair.
101. Printers.
102. Propane retail sales permitted as an accessory use to service stations.
103. Propane retail sales as an outside accessory use to a retail facility.
104. Pumps, retail sales and display.
105. Radio repair shop.
106. Radio and television broadcasting stations/studios but not including outside towers or other devices used in transmitting and receiving.
107. Reducing salons.
108. Refrigeration equipment, repairs and sales.
109. Restaurants, bars and cocktail lounges, subject to the following conditions or limitations:
a. Music or entertainment shall be limited to recorded music or one entertainer unless a use permit is obtained in accordance with the provisions of Section 307. The use permit shall specifically address noise from the use, including parking lot noise, screening of lighting from vehicle headlights and light standards on site, parking access, and access to adjacent neighborhoods but shall not address licenses in the area. Nothing in this section shall be constructed to include an adult use.
b. Patron dancing shall be permitted only upon securing a use permit in accordance with the provisions of Section 307. The use permit shall specifically address noise form the use, including parking lot noise, screening of lighting from vehicle headlights and light standards on site, parking access, and access to adjacent neighborhoods but shall not address issues which are the purview of the Arizona Department of Liquor Licenses and Control, such as the number of liquor licenses in the area. The dance floor shall close at the time alcohol is no longer served or sold for the evening.
c. Outdoor recreation uses, outdoor dining, outdoor alcoholic beverage consumption, and associated lighting shall be permitted as accessory uses only upon securing a use permit in accordance with the provisions of Section 307. The use permit shall specifically address noise form the use, including parking lot noise, screening of lighting from vehicle headlights and light standards on site, parking access, and access to adjacent neighborhoods but shall not address issues which are the purview of the Arizona Department of Liquor Licenses and Control, such as the number of liquor licenses in the area.
d. Drive-through facilities as an accessory use, subject to the following conditions:
(1) Access to the site is to be from an arterial or collector street as defined on the street classification map.
(2) Securing a use permit in accordance with the provisions of Section 307 if the lot or parcel on which the use is conducted is less than three hundred (300) feet from a residential district. The use permit shall specifically address noise from the use, including parking lot noise, screening of lighting from vehicle headlights and light standards on site, parking access, and access to neighborhoods.
e. Entrance to and exit from a restaurant which does not require a use permit shall only be from the side of the restaurant which does not face a contiguous residentially zoned property, including undeveloped or residentially developed R-5 parcels, on the same block and side of the street as the restaurant. For the purposes of applying this provision, property separated by a right-of-way of twenty (20) feet or less in width shall be considered contiguous.
f. Any bar or cocktail lounge which exceeds five thousand (5,000) square feet in gross floor area and is located on a lot or parcel within three hundred (300) feet of a residential zoning district boundary line shall be permitted only upon securing a use permit in accordance with the provisions of Section 307
110. Restaurant equipment, supplies and retail sales.
111. Riding equipment sales.
113. Safes, repairing and sales.
114. Schools: barber, beauty, business, commercial, correspondence, cosmetology, data processing, dancing, gymnastics, health, insurance, martial arts, modeling, private, real estates, and stenographic.
115. Second hand/used merchandise.
a. The sale of used merchandise in connection with the following permitted uses when such used merchandise uses a floor space having a total area of no more than five percent (5%) of the gross floor area of the establishment:
(1) Camera shops.
(2) Book sellers and rentals.
(3) Magazines, retail sales.
(4) Photographic equipment and supplies, retail sales.
(5) Sporting goods, retail sale.
(6) Watches, sales and repair.
(7) Audio and video rental and retail sales.
b. All other sales of second hand/used merchandise or those uses listed above (114.a) exceeding greater than five percent (5%) gross floor area are subject to obtaining a use permit under Section 307 and the following conditions or limitations:
(A) No merchandise shall be received and/or processed for sale at another site; and
(B) A use permit shall be obtained in accordance with the standards and procedures of Section 307; and
(C) In addition to the findings set forth in Section 307.A.7, the following conditions shall be met:
(1) That no such use is located on a lot with a property line within thirteen hundred twenty (1,320) feet, measured in a straight line in any direction, of the lot line of another such use regardless of the zoning district or section; and
(2) That at the time of application, a maximum of three such uses (regardless of the underlying zoning district) shall exist within the same section as the proposed use and all lots abutting the opposite side of the arterial(s) to which the subject site is adjacent.
(3) "Section" means a section as defined by the Gila and Salt River baseline and principal meridian.
(D) The applicant shall provide the following additional information in conjunction with the use permit application:
(1) A survey of second hand/used merchandise sales uses within the area identified in Section 114.C., and within thirteen hundred twenty (1,320) feet of the lot line of the proposed use as provided in Section 114.c.
(2) Evidence that notice of the date, time, place and nature of the request has been sent by first class mail to each real property owner, as shown on the last assessment of the property, within three hundred (300) feet of the subject property.
(3) Evidence that notice of the date, time, place and nature of the request has been sent to all homeowners associations registered with the City located within one (1) mile of the subject property.
(E) It shall be the responsibility of the applicant to comply with the provisions of Section 114.C., and to provide the City with evidence of such compliance pursuant to Section 114.D. failure to comply with the provisions of Section 114.C. shall be grounds for revocation of the use permit.
116. Skating rinks, indoor.
117. Soda fountain supplies, wholesale as an accessory to retail sales.
118. Sound systems and equipment sales, rentals and repairs.
119. Special school or training institution not offering a curriculum of general instruction comparable to public schools.
120. Surplus stores.
121. Tanning salon:
a. Massage therapy, performed by a licensed massage therapist, is permitted as an accessory use.
122. Taxidermists.
123. Telegraph companies, facilities and offices.
124. Telephone companies, facilities and offices.
125. Theatres, indoor, except adult theatres.
126. Tire repairing equipment and supplies.
127. Tombstones, sales and display.
128. Tortillas, manufacturing, retail.
129. Upholsterers, custom, retail sales and supplies.
130. Venetian blinds, custom manufacturing and cleaning.
131. Veterinarians’ supplies, wholesale as an accessory to retail sales.
132. Veterinary offices and hospitals subject to the following conditions:
a. They shall be so constructed and operated as to prevent objectionable noise and odor outside the walls of the office.
b. Keeping or boarding of animals shall not occupy more than twenty-five percent (25%) of the gross floor area of the office and the following shall apply:
(1) There shall be no outdoor kennels or runs.
(2) There shall be no direct outside exit from any room containing kennels.
133. Washing machines, retail sales and display, custom repairing.
134. Water softening equipment, service and repair.
135. Window cleaners’ service.
C. Yard, Height and Area Requirements.
1. Building height in this district shall be measured as the vertical distance from the natural grade to the highest point of the wall or roof surface. Exclusions to building height limitations shall be as contained in Chapter II. The maximum building height shall be twenty-five (25) feet for any structure seventy-five (75) feet from a residential district. Such height may be increased by one (1) foot for each additional three (3) feet from the residence district beyond seventy-five (75) feet to a maximum of fifty-six (56) feet. Except for centers located in primary village cores as designated in the general plan, no structure shall contain more than two stories at a building height of twenty-five (25) feet or less and not more than four stories at a height between twenty-five (25) feet and fifty-six (56) feet.
2. All buildings on a site as shown on the site plan thereof, as provided in paragraph D of this section shall not cover an aggregate area of more than twenty-five percent (25%) of the area of such site. Exterior covered walkways which are not part of interior or enclosed malls, ramadas, and eave overhangs used for protection from the elements, but not used for commercial activity or parking shall not be included in computing the twenty-five percent (25%) coverage.
3. All buildings within the PSC overlay zoning district shall be located at a distance of not less than twenty-five (25) feet from any boundary of the district. No building shall be located at a distance of less than seventy-five (75) feet from the boundary of any residential district.
4. Where the boundary of a planned shopping district is contiguous to the boundary of any residential district, there shall be provided a belt of landscaping along the site boundary which shall be planted and maintained in accordance with the requirements of the site plan as provided in Section 637.E.
5. Uses permitted as outdoor uses shall be enclosed within a wall or fence of such material, construction and height so as to completely conceal from observation all operations conducted within such wall or fence, except that customer parking, service station operations and promotional events are excluded from this requirement. The requirements as to such wall or fence, supplemented by such landscaping as may be necessary to accomplish any of the purposes of this ordinance shall be specified by the Planning Commission as a part of its action on the site plan as provided in Section 637.E.
D. Automobile Parking Space. Automobile parking space shall be provided on-site as provided in Section 702.
E. Development Review Approval. A site plan approved in accordance with Section 507 of this ordinance is required for all uses.
Section 660. Four Corners Overlay District.
A. Purpose and Intent. The purpose for the overlay is to formalize and define development standards to aid in the development and planning of projects within the historic section of the City known as the Four Corners. The goal is to create a pedestrian friendly environment and tie the Four Corners at the intersection of 24th Street and Broadway Road together through unique design elements. It is intended to provide the Four Corners with new and distinct neighborhood commercial developments that will define and unify the community and enhance the gateway to the South Mountain Village and the redevelopment areas of Target Area B and South Phoenix Village.
B. Applicability. This overlay applies to lands off each of the Four Corners of 24th Street and Broadway Road described as south of Pueblo Avenue between 23rd and 25 Streets, south to the alley between Corona and Marguerite Avenues from 25th to 24th Streets and including an irregular shaped parcel extending approximately 1,170 feet south and 1,040 feet west of the southwest corner of 24th Street and Broadway Road. The district also includes those additional lots fronting onto Broadway Road to 28th Street on the south side and 350 feet east of 28th Street on the north side.
C. Special Permit Uses. The Four Corners Overlay District is established to encourage the development of neighborhood serving retail uses and limited community serving uses. Uses listed in the underlying commercial district are permitted except that certain uses and the sale of certain products will be permitted only subject to a special permit approval in accordance with Section 504.1. These include:
*Adult bookstores or live entertainment establishments;
*Automobiles, trucks, motorcycles and tractors;
*Blood banks and plasma centers;
*Chemicals - sales and/or storage as the primary use;
*Commercial swimming pool, outdoor as a primary use;
*Drugs - storage as the primary use;
*Farm implements and machinery;
*Feed stores, retail and sales offices;
*Gas stations and/or retail store that includes sales of vehicular fuel;
*Laboratories, testing and research;
*Lawn mower repair shops;
*Machinery, construction or vehicular, repairing, distribution and supplies;
*Milling equipment sales, repair and distribution;
*Mortuary;
*Outdoor sales and/or displays;
*Paint, painting equipment and supplies greater than 5,000 sq. ft.;
*Playground equipment - outside sales;
*Pool and billiard halls as a primary use;
*Propane equipment distribution and supplies;
*Public utility service yards;
*Sales of alcoholic beverages;
*Sales of guns and ammunition;
*Sales of tobacco as the primary use;
*Sales of tools as the primary use;
*Sightseeing tours, garages, and depots;
*Taxicab garages;
*Vehicle repair not to exceed 5,000 sq. ft. in conjunction with a retail use;
*Vehicle storage;
*Window glass installation shops.
Procedure: Special permit—An application for a special permit shall be forwarded to the Target Area B Advisory Committee and the Community Excellence Project Board for their review and recommendation prior to review by the South Mountain Village Planning Committee.
D. Height, Yard and Area Requirements. All height, yard and area requirements of the C-2 District will apply unless otherwise modified by the following standards.
1. Buildings over 50,000 square feet are subject to a use permit.
2. A build-to line a minimum of 22 feet to a maximum of 24 feet is required along all arterial streets. The build-to line is the width of the public space between the front facade of the building and the street curb line. The buildings may be setback 15 to 20 feet from the build-to line to provide courtyards, plazas and open spaces. (See Figure 1)
Exceptions: An exception will be made for the southwest corner of the intersection of 24th Street and Broadway Road.
3. The minimum linear street frontage build-out is 70% on individual interior lots and 50% on corner lots.
4. Covered walkways, arcades, awnings, cafe eating areas (with three foot high fences) and decorative monument towers may encroach up to ten feet into the front setback. (See Figure 2)
5. Balconies, bay windows (including display windows), entries and porticos may encroach up to six feet into the front setback. (See Figure 2)
6. Covered walkways and arcades may be no higher than 15 feet above the sidewalk. (See Figure 3)
7. Ten feet of unobstructed sidewalk and an additional eight feet of sidewalk or landscaping are required for pedestrian corridors along arterial street frontages. If a covered sidewalk is provided, there shall be a ten foot wide dedicated sidewalk. There shall be a six-foot landscape strip adjacent to streets.
E. Parking Requirements. The amount of parking is reduced from what is otherwise required in order to encourage more pedestrian activity and less vehicle trips between uses.
Off-street automobile parking space or area shall be provided according to the following table.
TYPE OF LAND USE | PARKING REQUIREMENT FOUR CORNERS OVERLAY |
|---|---|
Day care center (adult and child care) | 1 space per 500 square feet of floor area |
Office (< 50,000 square feet) | 1 space per 350 square feet of floor area |
1 space per 100 square feet exclusive of kitchen, rest rooms, storage, etc. | |
Retail and commercial | 1 space per 400 square feet of floor area |
Schools, beauty and vocational | 1 space per 100 square feet of classroom area And 1 space per 400 square feet of administration |
Parking for all other uses will not be allowed to exceed the minimum requirement by more than 10%.
F. Design Guidelines and Standards. The design guidelines and standards contained in this section reflect the desired goals and policies for development in the Four Corners Overlay. The City’s general design review policies of Section 507 Tab A of the Zoning Ordinance shall apply to development in the Four Corners Overlay District to the extent they do not conflict with the following standards.
These guidelines and standards consist of Requirements (R) and Presumptions (P) as set forth in Section 507.
1. Parking.
a. Parking areas should be located to the side or rear of the building(s) and should be screened by a three-foot permanent element. The side and rear yard requirement does not apply to parking for buildings greater than 50,000 square feet in area. Access to arterial streets is prohibited where access is available from adjacent side streets or adjacent lots. (P)
Rationale: The location of the parking to the side or rear of the building will provide a more urban streetscape and be more pedestrian friendly.
b. Seventy-five percent of the required parking shall be located behind the building. This requirement does not apply to parking for buildings greater than 50,000 square feet in area. (R)
Rationale: The location of a majority of the parking to the rear of the building will provide a more urban streetscape and be more pedestrian friendly.
c. Lots should have cross access easements to encourage internal continuous vehicular access. (P)
Rationale: Internal site access to various businesses will reduce the number of vehicular trips required and the number of curb cuts.
d. Surface parking lots should not be permitted within 150' of the intersection of 24th Street and Broadway Road with the exception of the parcel on the SWC. (P)
Rationale: Surface parking lots do not enhance the urban streetscape.
e. The perimeter landscaping for parking lots shall be a minimum of 5' in width. (P)
Rationale: Landscaping will help soften the appearance of the parking area.
f. Fifteen percent of the surface parking lot, exclusive of perimeter landscaping and setbacks, shall be landscaped. (R)
Rationale: Landscaping throughout the parking area will soften the appearance of the parking lot.
g. Landscaped islands within parking lots should be a minimum of eight feet wide (inside dimension). (P)
Rationale: The eight-foot width will allow for larger trees which may provide greater shade.
h. Pedestrian amenities such as benches and shaded walkways shall be provided within all parking areas over 100 spaces. (R)
Rationale: Pedestrian amenities will provide a better transition between the parking area and other areas.
i. Trees shall be planted in the parking lot to provide shade for 25% of the parking spaces and/or 50% of the parking lot area at maturity. (R)
Rationale: One of the goals in the environmental planning element of the general plan is to address the urban heat island effect. Parking lots absorb heat during the day and radiate that heat into the atmosphere during the night raising the ambient night-time temperature. Shading the parking lot reduces the amount of heat absorbed during the day.
2. Open space.
a. A minimum of 15% of the lot area shall be developed as either usable hardscape and/or landscaped open space adjacent to the building. The open space shall include areas such as courtyards, eating or dining areas, pathways, parks, plazas, or squares. (R)
Rationale: Open space which includes courtyards, eating or dining areas, pathways, parks, plazas or squares provides an opportunity for people to interact and develops a sense of community.
b. If courtyards are provided, each shall be a minimum of 400 square feet with approximate equal dimensions and surrounded by building for a minimum of 50% of the perimeter. The height of the building should step down to 24 feet. (P)
Rationale: Courtyards must be large enough to be useful and partially surrounded by buildings to be considered a courtyard.
c. If courtyards are provided they should be located at the corners of buildings, between structures and as an entry to major buildings of 50,000 square feet or greater. (P)
Rationale: Courtyards provide an opportunity for people to gather, and the walls of the buildings provide shade.
d. Pedestrian passages between buildings should be a minimum of 15 feet wide and shall link the front of the storefront facade to the rear parking area(s). They shall be covered with either a structural covering or landscape tree canopy. (P)
Rationale: Pedestrians should be able to travel freely from the front to the rear of the lot and be protected from the weather.
3. Buildings.
a. Storefront buildings should have their main entrance opening to a street and/or courtyard. The courtyard may be located on the side of the building but must be clearly visible and easily accessible from the street. (P)
Rationale: The pedestrian should be able to enter the building without passing through a parking area.
b. Storefront buildings should have a minimum of 50% of the area of the first floor street facade as window area. (P)
Rationale: It is important that street facades not be blank walls and provide visual access for pedestrians and motorists.
G. Signs. Signage should be at a pedestrian scale and should improve the image of the streetscape.
1. Site or complex identification signs.
a. Ground signs shall not exceed 40 square feet in area and shall be limited to two sides. The maximum height permitted is six feet, including the base. (See Figure 4) (R)
b. Ground signs shall have a permanent monument type base of concrete or masonry construction and shall have a landscaped area equal to a minimum of four square feet for each square foot of signage. (R)
c. Signs shall identify the name of the business or complex and not include any advertised copy or promotional events. (R)
d. One sign is permitted for buildings less than 50,000 square feet in area. Two signs are permitted for buildings exceeding 50,000 square feet in area. Where two signs are permitted, they shall be placed on opposing streets if the complex is located on a corner lot. (R)
e. Signs may be lit externally by concealed lighting or decorative lighting which matches the exterior theme of the building and complex. (P)
f. One wall, mansard fascia or parapet sign may contain an internally illuminated reader panel with a maximum area of 65 square feet. (R)
g. Theater signs shall be below the roof line and/or parapet. The reader panel shall be used exclusively for the purpose of identifying motion pictures, theater or entertainment which occur on the premises and shall not be counted as a multiple tenant sign. (R)
h. The following table shall apply to single tenant buildings. (R)
BUILDING SQUARE FOOTAGE | SQUARE FOOTAGE OF SIGN PERMITTED PER EACH LINEAL FOOT OF BUILDING FRONTAGE/MAXIMUM SQUARE FOOTAGE* | SIZE LIMITATION ON INDIVIDUAL LETTERS PERMITTED ON THE FRONT WALL, FASCIA OR PARAPET |
|---|---|---|
Less than 20,000 square feet | 1/40 | 24 inches |
20,000 to 50,000 square feet | 1.5/120 | 36 inches |
greater than 50,000 square feet | 1.5/150** | 48 inches |
**Buildings may have two signs that do not exceed a combined total of 75 square feet and must be placed on walls perpendicular to each other.
2. Awning signs. (See Figure 5)
a. Awning signs can be used in lieu of wall signs.
b. Where awning signs are used, up to 33% of the front face area can be used for the name of the business. Up to 40% of the front face of the awning can be used if a corporate insignia or logo is incorporated. Lettering shall be limited to a maximum of 10 inches in height.
c. All awning signage is limited to the front face area of the awning and shall be painted directly on the face of the awning.
3. Shingle signs. (See Figure 6)
a. Shingle signs shall not exceed an area of six square feet in area and shall be located adjacent to the business.
b. One shingle sign is permitted per every 60 lineal feet of building frontage.
c. A shingle sign may be utilized only with buildings that have overhangs and awnings. The sign must be securely attached to the overhang or awning.
d. There shall be a minimum clearance of eight feet between the bottom of the shingle sign and the sidewalk.
4. Tenant signs. (See Figure 7)
a. Tenant signs shall be located on the ends of buildings and shall include only the name and/or location of tenants within a building or multi-tenant building complex. Advertised copy or promotional events are not permitted on tenant signs.
b. Tenant signs shall not exceed eight square feet in area. They shall not exceed four feet in height or be mounted higher than eight feet above the sidewalk.
c. Buildings greater than 50,000 square feet in area may have an identification sign up to 18 square feet in area and six feet in height.
5. Window signs.
a. Window signs shall be permitted only on the first floor of the building and shall be limited to the business name, address, phone number and business hours.
b. Window signs shall be a maximum of two square feet in area and the total square footage of the signs shall not exceed 25% of the window square footage. A corporate logo, pinstripe line and decorative scroll work may be incorporated as part of the square footage.
c. Window signs shall be placed no higher than five feet above the finished floor and shall be of a decal type.
d. Businesses may have window signs with the name of the business only in each front window to an additional two square feet maximum.
e. Window signs may not be illuminated except for one sign designating that an establishment is open.
6. Menu boards for drive through and drive-in restaurants. (See Figure 8)
a. Menu boards shall not exceed 20 square feet in area or six feet in height, including the base.
b. Menu boards shall be mounted on a permanent base of either concrete or masonry and shall have a landscaped area equal to a minimum of two and one half square feet for each square foot of signage.
c. Menu boards shall be internally lighted.
d. Only two menu boards are permitted per business.
7. Menu boards at the entrance of restaurants. (See Figure 9)
a. Menu boards shall not exceed six square feet in area or three feet in height.
b. Menu boards shall be mounted on the front of the building.
c. Menu boards shall be mounted no higher than six feet above the sidewalk.
d. Only one menu board is permitted per business.
e. Menu boards can be internally lit.
8. Landscape materials. Landscape materials shall be selected from the Four Corners Design Guidelines dated March 20, 2000 and on file with the Planning and Development Department.
Section 662. Interim Transit-Oriented Zoning Overlay District One (TOD-1).
Editor’s note—Ord. No. G-5244 (TA-4-07), § 2, adopted September 3, 2008, effective October 3, 2008, amended Section 662 in its entirety to read as herein set out. Former Section pertained to similar subject matter. See the History following this Section and the Text Amendment Table for a complete derivation.
A. Purpose. The primary purpose of the Transit-Oriented District One (TOD-1) is to encourage an appropriate mixture and density of activity around transit stations to increase ridership along the Central Phoenix/East Valley (CP/EV) Light Rail Corridor and promote alternative modes of transportation to the automobile. The secondary purpose of the TOD-1 is to decrease auto-dependency, and mitigate the effects of congestion and pollution. These regulations seek to achieve this type of development by providing a pedestrian, bicycle, and transit supportive environment development integrating auto uses with a complementary mix of land uses, where streets have a high level of connectivity and the blocks are small, all within a comfortable walking and bicycling distance from light rail stations.
Transit-oriented development often occurs as infill and reuse within areas of existing development. The regulations within this ordinance vary in some cases from other ordinances, such as the Urban Residential (UR) District, related to infill development in the City, because of the additional need to support transit ridership. The Transit-Oriented District prohibits uses that do not support transit ridership.
The specific objectives of this district are to:
- Encourage people to walk, ride a bicycle, or use transit;
- Encourage outdoor pedestrian activities within public rights-of-way;
- Allow for a mix of uses designed to attract pedestrians;
- Achieve a compact pattern of development more conducive to walking and bicycling;
- Provide a high level of amenities that create a comfortable environment for pedestrians, bicyclists, and other users;
- Maintain an adequate level of parking and access for automobiles and integrate this use safely with pedestrians, bicyclists, and other users;
- Encourage uses that allow round-the-clock activity around transit stations;
- Provide sufficient density of employees, residents, and recreational users to support transit; and
- Generate a relatively high percentage of trips serviceable by transit.
B. Applicability. The City of Phoenix’ Transit-Oriented Development Overlay District (TOD-1) shall apply to lands delineated on the City’s Official Supplementary Zoning Map 1086 as adopted on November 19, 2003. All land uses and development including, but not limited to buildings, drives, parking areas, landscaping, streets, alleys, greenways, and pedestrian/bicycle ways designated to be within this district, shall be located and developed in accordance with the following provisions:
1. For all existing large scale retail/mixed use centers of 40 acres or more within primary village cores the TOD-1 shall not apply where development is proposed which does not result in a net increase of the total area of the existing building footprint in the center. Repaving or restriping of parking lots is not intended to be covered by the TOD. When development of such property results in a net increase of the total area of the existing building footprint the following shall apply:
a. Where redevelopment is proposed that results in a net increase of less than 30 percent of the area of the existing building footprint on the total site as of the effective date of the ordinance, TOD-1 Sections F, H, J, and K shall be applied as considerations rather than as regulatory provisions.
b. Where development is proposed that results in a 30 percent net increase or more in the area of the existing building footprint on the total site as of the effective date of the ordinance, the site plan for that phase of the proposed development will be subject to review by the Planning and Development Department and the TOD-1 Sections F, H, J, and K shall be applied as presumptions. The applicant shall have the right to appeal the stipulations of the Planning and Development Department to the Planning Commission and City Council.
c. Where redevelopment is proposed for 100 percent of the area of the existing buildings footprint on the total site, all standards and regulations of the TOD-1 shall be applied as requirements.
C. Inconsistencies of Underlying Districts. In the event that the underlying zoning district standards, or other ordinance or regulations are inconsistent with these overlay Zoning Ordinance standards or any other provisions herein, the standards of the TOD-1 shall apply.
D. Prohibited Uses. For property within the TOD-1 the following uses are prohibited:
1. Automobile service stations, including oil and lubrication services, tire and muffler installation, and service, or other motor vehicle services, but excluding retail or wholesale outlets selling motor vehicle parts and accessories without provision for on-site installation.
2. Boat dealers, resellers, repair, and leasing.
3. Bulk retail and wholesale uses including building materials, food and beverage sales, restaurant suppliers, etc.
4. Car washes.
5. Cemeteries.
6. Cold storage plants.
7. Commercial equipment and construction equipment, sales, service and rental of.
8. Drive-in businesses.
9. Exterior storage.
10. Funeral homes and mortuaries.
11. Gas station and gas station accessory uses such as mini-marts, convenience food, and sundries sales.
12. Golf courses including miniature golf courses.
13. Junk yards and motor vehicle wrecking yards.
14. Kennels, excluding those accessory to veterinary clinics.
15. Manufactured home sales.
16. Nurseries or greenhouses.
17. RV parks or mobile home parks and campgrounds.
18. Telecom hotels.
19. Towing services.
20. Truck stops and uses related to trucking excluding loading and unloading for permitted commercial uses.
For sites with existing structures or facilities, these uses shall not be prohibited until January 1, 2014. After January 1, 2014, property owners within the TOD-1 may request that the Planning Commission initiate an application for a special permit to permit uses otherwise prohibited by this Paragraph D, but which are allowed by the underlying zoning. (See Section 647.A.2.hh.)
E. Permitted Uses. Unless prohibited by Section 662.D or restricted by Section 662.F.
1. All uses in the underlying zoning district.
2. Automobile leasing or rental, subject to the following limitations:
a. On underlying commercially zoned property only.
b. Use permit required subject to the provision of this Ordinance.
c. Parking and return of vehicles shall occur on private property.
d. Maximum of 10 automobiles may be stored on site.
3. Outdoor dining or seating as an accessory to a restaurant, subject to the following limitations:
a. No consumption of alcoholic beverages unless a use permit is obtained.
b. On underlying commercial zoned property only.
F. Restricted Uses Requiring A Use Permit.
1. For property within the TOD-1 Overlay District One (TOD-1) the following uses are considered uses that are conditional and that require use permits and must be allowed in the underlying zoning district:
a. Grocery stores with building footprints over 50,000 square feet.
b. Light industrial facilities.
c. Liquor, retail sales, and package retail sales.
d. Outdoor dining or seating as an accessory to a restaurant or bar with alcoholic beverage consumption.
e. Outdoor recreational uses.
f. Parking, accessory to a permitted use, that exceeds automobile parking maximum regulations as outlined within Section K.1 automobile parking requirements per floor area or unit size and land use type.
g. Parking facilities (commercial) as a primary use.
h. Post offices (private).
i. Sports facilities with over 10,000 seat.
2. Use permits are subject to Section 307.A.7.b.—h., 8, 11—13 and the following criteria with review and approval of the Zoning Administrator. The Zoning Administrator shall grant those special exceptions designated as use permits where required upon a finding that the use covered by the permit:
a. Will provide a minimum density of one employee or user for every 500 square feet of gross building area exclusive of any parking facilities.
b. Will provide architectural materials or landscape elements that "break up" the scale of buildings and spaces to achieve a pedestrian scale.
c. Will be built in a compact form or manner to decrease the amount of land needed to develop the given amount of land use.
d. Will provide building(s) that emphasizes pedestrian access, comfort, and visual interest with safe and comfortable separation from vehicle access to the building and site.
e. Will not contribute in a measurable way to the deterioration of the neighborhood or area, or contribute to the downgrading of property values.
G. Non-Conforming Uses. Uses prohibited in the TOD-1 that existed legally prior to the effective date of the overlay district and became non-conforming due to the overlay district may expand on the same or adjacent parcel under the following conditions:
1. Either owned or leased prior to January 1, 2014,
2. Be developed under the conditions and development standards of this district, and
3. The underlying zoning permits the use.
H. Measurements.
1. The distance from a light rail station or light rail line shall be measured from the closest points from the station platform to the lot line.
I. Development Standards For Permitted Uses.
1. Setbacks and build-to lines.
a. Setbacks and build-to lines. The standards in Table 1 shall apply to new development within the TOD-1.
(1) Where ground level retail uses are present, setback may be increased up to 12 feet for outdoor seating, patio dining, or retail sales by securing a use permit in accordance with provisions of Paragraph F above.
(2) Features such as, arcades, awnings, trellises, covered walkways, covered (non-enclosed) bicycle parking, and similar architectural features placed on the front (street-facing) side of the building are allowed within the setback.
(3) Where there are existing or proposed easements that restrict construction that are greater than the build-to-lines, the measurements shall be from the easement line.
(4) Non-street side setbacks, adjacent to parcels within the TOD-1 shall comply with the setback standards in Table 1.
(5) Non-street side setbacks adjacent to parcels not within the TOD-1 shall comply with underlying zoning setback standards.
(6) Development setbacks adjacent to a fully dedicated alley as determined by the Subdivision Ordinance may be measured from the centerline of alley.
Table 1:
Standards TOD-1 Setbacks
Street Setbacks
Distance From Station | Max. Building Setback |
|---|---|
0—1,000 feet | 6 feet |
1,000—2,000 feet | 12 feet |
Where A Site Boundary Abuts Any of The Following Districts:
S-1, S-2, RE-43, RE-34, RE-24, R1-14, R1-18, R1-10, R1-8, R1-6, R-2, PAD 1-11 | R-3, R-3A, R-4, R-4A, R-5, R-O, MUA, PAD 12-15 | CO, CO/GO, CO/MO, PSC, RSC, DC, GC, RH, UR, C-1, C-2, C-3 A-1, A-2, CP, Ind. Pk., P-1, P-2 |
Interior Setbacks
*Maximum building heights allowed shall be within the existing underlying zoning entitlement.
2. Building frontage, facade, and entry regulations.
a. Building frontage and facades. In order to support the pedestrian-oriented environment within the TOD-1 station area, building frontages onto streets and open spaces shall be maximized. Building frontage within the TOD-1 shall meet the requirements as outlined in Table 2.
Table 2
Building Frontage
Distance From Station | Minimum Building Frontage as a Percentage of Lot Frontage Along a Transit Street |
|---|---|
0—500 feet | 75 percent |
500—2,000 feet | 65 percent |
Minimum Building Frontage as a Percentage of Lot Frontage Not Along a Transit Street | |
0—2,000 feet | 50 percent |
All structures except where residential uses are on the ground floor, shall utilize clear windows. A clear window is a window that will allow a minimum of 75 percent of the visible light (as specified by the manufacturer) to be visible on either side of the window. Clear windows shall encompass, at a minimum, 60 percent of the building facade length fronting onto a street within the area from 3 feet to 6 feet, 8 inches above adjacent interior finished floor and adjacent sidewalk grade. Blank walls without doors and windows shall not occupy over 30 percent of the principal frontage for non-residential buildings and 50 percent for residential buildings, and a section of blank wall shall not exceed 20 linear feet without being interrupted by a window or entry.
b. Building entry. If a building lot or parcel abuts a transit platform, transit station, transit street, or a major pedestrian accessway, at least one main building entry shall be oriented to the adjacent transit platform, transit station, transit street, and/or primary pedestrian accessway. A pedestrian way shall be provided from the building entry to the transit platform, transit station, transit street, or major pedestrian accessway.
To allow for their use, residential porches of single-family detached units, located at ground level, shall have a minimum depth of 6 feet and shall be a minimum of 50 square feet.
c. Building and shade. The frontage shall include shading along its entire right-of-way frontage, excluding driveways, loading, and service berths.
Any projections into public right-of-way shall be permitted only upon issuance of a revocable permit or similar approval as administered by the City of Phoenix.
The frontage shall include a minimum of one or a combination of the following methods. A minimum of 75 percent of the sidewalk or pedestrian way shall be shaded.
(1) Arcades, awnings, trellises, or covered walkways attached to the primary building shall be a minimum of 6 feet in depth, measured from any point of ground floor facade to the exterior column or vertical plane of the overhang. The maximum head clearance shall not exceed 20 feet, measured from finish grade. landscaping shall include a row of trees (a minimum of 50 percent 2-inch caliper and 50 percent 3-inch caliper) placed 20 feet on center and run parallel with the arcade or awning. (See Figure 1)
(2) Detached shade structures shall be a minimum of 6 feet in depth and 15 feet in height and should incorporate architectural elements and design of the primary structure. Landscaping shall include a row of trees (a minimum of 50 percent 2-inch caliper and 50 percent 3-inch caliper) located or spaced 20 feet on center and run parallel with the arcade or awning. (See Figure 2)
(3) A double row of trees (a minimum of 50 percent 2-inch caliper and 50 percent 3-inch caliper) spaced 20 feet on center shall be provided. The rows shall be placed parallel on either side of the sidewalk as required in Section 662.I.1. The rows shall be staggered to provide maximum shading. (See Figure 3)
3. Lot coverage.
a. There shall be no maximum lot coverage for parcels fronting a transit street.
b. A maximum of 75 percent lot coverage is allowed for all parcels not along a transit street except the Urban Residential District.
4. Open space or private areas for residential multi-family development including mixed-use development shall be a minimum of five percent of the gross area. A combination of common and private areas to achieve the minimum requirement is allowed.
a. Active and passive open space shall be provided and maintained in one or more central location(s) for use by the residents of the multi-family development.
(1) The open space areas shall be a minimum dimension of no less than 200 square feet and not less than ten feet in width and depth. Areas may include the following:
(a) Indoor community or recreation areas.
(b) Swimming pools.
(c) Roof top amenities (swimming pool, gardens, shaded seating areas).
(d) Common courtyards.
(e) Barbecue and picnic areas.
(f) Tot lot.
(g) Lawn and turf areas.
(h) Entry lobbies and shall contain a minimum of six seats.
5. Open space or private area for commercial development shall be a minimum of five percent of the gross site area. A combination of common and private areas to achieve the minimum requirement is allowed. Areas may include the following:
a. Entry lobbies and shall contain a minimum of six seats.
b. Courtyards.
c. Outdoor seating areas.
J. Street and Sidewalk Regulations (See Figure 5).
1. Minimum widths. Sidewalks within the TOD-1 shall have a minimum 8-foot unobstructed width from any obstruction (light poles, parking meters, other street furniture, landscaping, or fences) for circulation with the exception of residential areas with a density of less than 12 units per acre where the width may be reduced to 6 feet.
2. Private use of sidewalks. Exterior storage on sidewalks is prohibited. Pedestrian-oriented accessory uses, such as sales display for flowers, food, or drink stands, are exempt from this requirement, subject to obtaining a use permit for sidewalks on private land in public easements and a revocable permit where within the public right-of-way. Outdoor service of alcoholic beverages shall be clearly demarcated from public spaces. In all cases, a minimum 8-foot-wide unobstructed pedestrian circulation path shall be maintained along the sidewalk.
Figure 5. Sidewalk Use
K. Sign Regulations. New signage within the TOD-1 shall conform to the standards stated herein and Section 642.G (Urban Residential) and Section 705.D.3.l of the Zoning Ordinance of the City of Phoenix except for signs painted or mounted directly to the building surface. These signs shall be governed as follows:
1. Signs painted on the building surface or letters mounted directly to the building surface shall:
a. Be a maximum of 1 square-foot of signage for each lineal foot of building elevation to a maximum of 100 square feet for each business.
b. Have letters and logos no larger than 12 inches in height for building fronts 30 feet in height or less; 18 inches in height for building fronts 30 feet, 60 feet in height; 24 inches in height for building fronts 60 feet in height or greater.
c. Extend no closer than 1/2 the vertical height of the letters employed to a building corner (vertical edge) or to a roofline.
d. The foregoing requirements shall not apply to signs exceeding 56 feet in height approved through a comprehensive sign plan and subject to the requirements of Section 705, Table D-1, of the Zoning Ordinance.
2. Signage may be increased by up to 25 percent by submitting a comprehensive sign plan for projects in which the commercial floor space is a minimum of 15,000 square feet as provided in the Phoenix Sign Code, Section 705.E. in addition to the standards enumerated in Section 705.E, findings of approval shall include:
a. The signs and other displays are appropriate in scale, composition, and manner of display with surrounding development.
b. Content is limited to logos, graphics, business, and project name.
3. Signage shall not reduce unobstructed sidewalk width to less than 8 feet.
4. Opaque signage shall not reduce visual permeability of street-fronting windows to less than the minimum clear window requirement within Section 662.I.2.b.: Building frontage and facade of this Ordinance.
5. Windows fronting the public right-of-way may include only two types of signage for each business:
a. Signs on the glass surface shall not exceed a total of more than 20 percent of the window pane area.
b. Neon letters, within 3 feet of the inside of the glass surface, shall not comprise in total more than 20 percent of the areas of the window opening.
6. Signs projecting more than 6 inches from the front of the ground floor level of buildings containing non-residential uses shall be perpendicular to the street (i.e. 90 degree angle), with a maximum of one sign per entrance. All signs that extend into or over the public right-of-way shall be permitted only upon issuance of a revocable permit as administered by the City of Phoenix. Each sign shall:
a. Identify only one business.
b. Provide a minimum 8-foot head clearance.
c. Be a maximum of 3 square feet in area per face.
d. Project no more than 3 feet into the public right-of-way.
e. Be indirectly illuminated from a shielded light source (i.e. not backlit or internally illuminated). Indirectly illuminated is defined as lighting which is not in a direct course or path, deviating from a straight line.
7. Awning signs shall be permitted by right and have letters no more than 10 inches in height. Backlit awnings are prohibited.
8. Second-story or above businesses fronting the public right-of-way may only use a sign in a second-story window or use a wall sign. Awning signs are not permitted on second-story windows.
9. Corner buildings shall be allowed signage on each street frontage.
10. Freestanding or ground signs for a primary use may be allowed to a maximum of 3 feet high and 30 square feet if located within the public street setback. If located more than 15 feet from the property line, primary use identification signs may be allowed to a maximum of 6 feet in height and 60 square feet.
11. Wall signs on buildings in a designated Historic Preservation Zoning District exceeding applicable size regulations may be allowed by the Historic Preservation Commission in accordance with the procedure set forth in Section 812.C.3. and upon the additional finding that the proposed signage replicates the size, shape, and placement of the first permitted wall signage on the building.
12. Directional signs for accessory parking will be allowed to a maximum of 6 square feet per sign per driveway entrance. the sign shall be a maximum of 3 feet in height. No more than 25 percent of the area may be devoted to business identification.
13. The provisions of Section 705.C.6.d. (Illuminated sign spacing from residential uses) shall not apply within the TOD-1.
14. The following signs are prohibited:
a. Signs placed above or on top of any portion of the roof or front parapet.
b. Signs advertising goods or services not provided on the premises except for non-commercial signs.
c. Signs utilizing animation or which contain the optical illusion of sign movement, except as provided by a use permit.
d. Commercial flags, banners, streamers, or other similar advertising devices.
L. Parking and Loading Regulations.
1. Automobile parking requirements per floor area or unit size and land use type. For new development within the TOD-1, the number of required parking spaces shall be based upon the City of Phoenix Standard, Section 702.A.3. of the Zoning Ordinance or as required by the underlying district if those standards are less. The maximum number of spaces allowed shall not exceed 125 percent of the City requirement.
a. A reduction on parking is allowed as provided below:
Reduction To Residential/Multifamily Parking Requirements:
•25 percent reduction of required parking if the development is within 1,320 feet from a light rail station.
•10 percent reduction of required parking if the development is greater than 1,320 feet from a light rail station.
Reduction To Commercial Parking Requirements:
•15 percent reduction of required parking if the development is within 1,320 feet from a light rail station.
•5 percent reduction of required parking if the development is greater than 1,320 feet from a light rail station.
2. On-street parking: For new development occurring within the TOD-1, legally permitted on-street parking along the uses lot frontage shall count towards the parking requirements for on the lot AS set forth within the regulations of this overlay district.
3. Bicycle parking: The following bicycle parking requirements shall be applied within the TOD-1.
a. Commercial retail or office development: Bicycle parking shall be provided at 1 space per 2,000 square feet of tenant leasable floor area, with a maximum of 50 spaces.
b. Residential development: Common bicycle parking shall be provided at 0.25 space for each residential unit, with a maximum of 50 spaces.
4. Off-street parking location (See Figure 6).
a. Non-residential and multi-family uses.
(1) Surface parking lots. Off-street parking location for new development within the TOD-1 should be located to the rear and or interior of a lot and should be placed between the structure and a side or rear lot line. Where a lot fronts onto two or more streets, parking should be located accordingly:
(a) Along the street with the least amount of commercial activity.
(b) Along the street with the least amount of pedestrian activity if the lot is located along two or more commercial streets with equal amounts of commercial activity.
(c) A maximum 6-foot-high wall or fence shall separate parking lots from abutting residential uses with a minimum 5-foot landscaped buffer.
Figure 6. Conventional Parking and Access Configuration
(2) Parking structures. For a parking structure which abuts a transit station, a transit street or a major pedestrian accessway, at least 50 percent of the structure face, excluding entrances and exits, shall have non-parking use at ground level and shall comply with building frontage and facades and building entry requirements in this Section of the Zoning Ordinance. Wherever possible, the narrow side of the parking structure shall abut the transit station, transit street, or major pedestrian accessway.
(a) Parking structures within 150 feet of a residential district shall be fully enclosed.
(b) Parking structures located greater than 150 feet away from a residential district shall be screened a minimum of 42 inches in height on each level with a solid material.
b. Single-family residential uses.
(1) Garages, whether attached or detached, shall be set back at least ten feet behind the primary front facade of the buildings they serve. The minimum distance between the front facade of garage and the closest edge of the sidewalk shall be 18 feet.
(2) The primary front facade (non-garage portion of the structure) shall comprise at least 50 percent of the overall width of the primary residence and the 10-foot setback shall not be measured from projections such as bay windows and porches, but from the facade of the wall which encloses the building.
(3) Using driveways as the primary access between the sidewalk and the house shall be avoided. Instead, the main entrance to the house should be from a walkway or terrace directly leading to the sidewalk.
Figure 7. Preferred Single-Family Residential Garage Setback
5. Location of vehicle access.
a. Vehicle access from pedestrian-oriented streets shall be prohibited unless no other reasonable access is available, such as in lots with a single street frontage and no alley. Where improved alleys are present, loading and service areas may be accessed from the alley.
b. Lots with more than one street frontage and no alley shall locate vehicular access along the street with the least amount of pedestrian activity.
c. All loading and service drives shall be of a depth that prevents loading and service vehicles from obstructing the sidewalk and roadway.
d. Entrances to loading and service areas shall be screened from view. For screening regulations see Section 507, Tab A of the Zoning Ordinance of the City of Phoenix.
e. Vehicle access and maneuvering in a fully dedicated alley may be allowed, as approved by the Driveway Hearing Officer and Planning and Development Department.
6. Loading and service area location.
a. Loading, service, and refuse areas shall not be located at the front of the lot. They shall be screened from view with walls, trellises, planting, mounds, or by integration into the design of the building. Walls shall not exceed 8 feet in height. Solid walls shall be landscaped to soften their appearance and shall be made of finished materials to match the primary building. Decorative elements, variation in materials, and articulation shall be used.
b. Loading areas shall be physically separated from public parking via curbs, bollards, low or high walls, raised planters, landscaping, distance, and/or elevation changes.
c. When using walls to separate loading areas from pedestrian areas, landscape elements (e.g. planting, trellises, arbors, etc.) shall be used on the outside of walls to soften their appearance.
Section 663. Interim Transit-Oriented Zoning Overlay District Two (TOD-2).
Editor’s note—Ord. No. G-5244 (TA-4-07), § 3, adopted September 3, 2008, effective October 3, 2008, amended Section 663 in its entirety to read as herein set out. Former Section pertained to similar subject matter. See the History following this Section and the Text Amendment Table for a complete derivation.
A. Purpose. The primary purpose of the Transit-Oriented District Two (TOD-2) is to encourage an appropriate mixture and density of activity around transit stations to increase ridership along the Central Phoenix/East Valley (CP/EV) Light Rail Corridor and promote alternative modes of transportation to the automobile. The secondary purpose of the TOD-2 is to decrease auto-dependency, and mitigate the effects of congestion and pollution. These regulations seek to achieve this type of development by providing a pedestrian, bicycle, and transit supportive environment development integrating auto uses with a complementary mix of land uses, where streets have a high level of connectivity and the blocks are small, all within a comfortable walking and bicycling distance from light rail stations.
Transit-oriented development often occurs as infill and reuse within areas of existing development. The regulations within this ordinance vary in some cases from other ordinances, such as the Urban Residential (UR) District, related to infill development in the City, because of the additional need to support transit ridership. The Transit-Oriented District prohibits uses that do not support transit ridership.
The specific objectives of this district are to:
- Encourage people to walk, ride a bicycle, or use transit;
- Encourage outdoor pedestrian activities within public rights-of-way;
- Allow for a mix of uses designed to attract pedestrians;
- Achieve a compact pattern of development more conducive to walking and bicycling;
- Provide a high level of amenities that create a comfortable environment for pedestrians, bicyclists, and other users;
- Maintain an adequate level of parking and access for automobiles and integrate this use safely with pedestrians, bicyclists, and other users;
- Encourage uses that allow round-the-clock activity around transit stations;
- Provide sufficient density of employees, residents, and recreational users to support transit; and
- Generate a relatively high percentage of trips serviceable by transit.
B. Applicability. The City of Phoenix’ Transit-Oriented Development Overlay District (TOD-2) shall apply to lands delineated on the City’s Official Supplementary Zoning Map 1086 as adopted on November 19, 2003. All land uses and development including, but not limited to buildings, drives, parking areas, landscaping, streets, alleys, greenways, and pedestrian/bicycle ways designated to be within this district, shall be located and developed in accordance with the following provisions.
1. For all existing large scale retail/mixed use centers of 40 acres or more within primary village cores the TOD-2 shall not apply where development is proposed which does not result in a net increase of the total area of the existing building footprint in the center. Repaving or restriping of parking lots is not intended to be covered by the TOD-2. When development of such property results in a net increase of the total area of the existing building footprint the following shall apply:
a. Where redevelopment is proposed that results in a net increase of less than 30 percent of the area of the existing building footprint on the total site as of the effective date of the ordinance, TOD-2 Sections F, H, J, and K shall be applied as considerations rather than as regulatory provisions.
b. Where development is proposed that results in a 30 percent net increase or more in the area of the existing building footprint on the total site as of the effective date of the ordinance, the site plan for that phase of the proposed development will be subject to review by the Planning and Development Department and the TOD-2 Sections F, H, J, and K shall be applied as presumptions. The applicant shall have the right to appeal the stipulations of the Planning and Development Department to the Planning Commission and City Council.
c. Where redevelopment is proposed for 100 percent of the area of the existing buildings footprint on the total site, all standards and regulations of the TOD-2 shall be applied as requirements.
C. Inconsistencies of Underlying Districts. In the event that the underlying zoning district standards, or other ordinance or regulations are inconsistent with these overlay Zoning Ordinance standards or any other provisions herein, the standards of the TOD-2 shall apply.
D. Prohibited Uses. For property within the TOD-2 the following uses are prohibited:
1. Car washes.
2. Cemeteries.
3. Drive-in businesses.
4. Exterior display of goods.
5. Funeral homes and mortuaries.
6. Golf courses including miniature golf courses.
7. RV parks or mobile home parks and campgrounds
For sites with existing structures/facilities, these uses shall not be prohibited until January 1, 2014. After January 1, 2014, property owners within the TOD-2 may request that the Planning Commission initiate an application for a special permit to permit uses otherwise prohibited by this Paragraph D, but which are allowed by the underlying zoning. (See Section 647.A.2.hh.)
E. Uses Allowed as a Matter of Right if Along a Light Rail Transit Street, Unless Prohibited By Section 662.D. or restricted by Section 662.F.
1. All uses in the underlying zoning district.
2. Automobile leasing or rental, subject to the following limitations:
a. On underlying commercial zoned property only.
b. Use permit required subject to the provision of this Ordinance.
c. Parking and return of vehicles shall occur on private property.
d. Maximum of 10 automobiles may be stored on site.
3. Outdoor dining or seating as an accessory to a restaurant, subject to the following limitations:
a. No consumption of alcoholic beverages unless an use permit is obtained.
b. On underlying commercial zoned property only.
F. Uses Requiring A Use Permit.
1. For property within the TOD-2 the following uses require use permits and must be allowed in the underlying zoning district:
a. Automobile leasing/rental, subject to the following limitations:
(1) Parking and return of vehicles shall occur on private property; and
(2) Parking and storage spaces for vehicles shall require 1.5 spaces per leasing or rental vehicle.
b. Grocery stores with building footprints over 50,000 square feet.
c. Liquor, retail sales, and package retail sales.
d. Outdoor dining or seating as an accessory to a restaurant or bar with alcoholic beverage consumption.
e. Outdoor recreational uses.
f. Parking, accessory to a permitted use, that exceeds automobile parking maximum regulations as outlined within Section K.1 automobile parking requirements per floor area or unit size and land use type.
g. Parking facilities (commercial) as a primary use.
2. Use permits are subject to Section 307.A.7.b.—h., 8, 11—13 and the following criteria with review and approval of the Zoning Administrator. The Zoning Administrator shall grant those special exceptions designated as use permits where required upon a finding that the use covered by the permit:
a. Will provide a minimum density of ONE employee and/or user for every 500 square feet of gross building area exclusive of any parking facilities.
b. Will provide architectural materials or landscape elements that "break up" the scale of buildings and spaces to achieve a pedestrian scale.
c. Will be built in a compact form or manner to decrease the amount of land needed to develop the given amount of land use.
d. Will provide building(s) that emphasizes pedestrian access, comfort and visual interest with safe and comfortable separation from vehicle access to the building and site.
e. Will not contribute in a measurable way to the deterioration of the neighborhood or area, or contribute to the downgrading of property values.
G. Non-Conforming Uses. Uses prohibited in the TOD-2 which existed legally prior to the effective date of the overlay district and became non-conforming due to the overlay district may expand on the same or adjacent parcel under the following conditions:
1. Either owned or leased prior to January 1, 2014,
2. Be developed under the conditions and development standards of this district, and
3. The underlying zoning permits the use.
H. Measurements.
1. The distance from a light rail station or light rail line shall be measured from the closest points from the station platform to the lot line.
I. Development Standards For Permitted Uses.
1. Setbacks and build-to lines.
a. Setbacks and build-to lines along a transit street. The standards in Table 1 shall apply to new development within the TOD-2.
(1) Where ground level retail uses are present, setback may be increased up to 12 feet for outdoor seating, patio dining, or retail sales by securing a use permit in accordance with provisions of Paragraph F above.
(2) Features such as arcades, awnings, trellises, covered walkways, covered (non-enclosed) bicycle parking, pergolas, and similar architectural features placed on the front (street-facing) side of the building are allowed within the setback.
(3) Where there are existing or proposed easements that restrict construction that are greater than the build-to-lines, the measurements shall be from the easement line.
(4) Non-street side setbacks, adjacent to parcels within the TOD-2 shall comply with the setback standards in Table 1.
(5) Non-street side setbacks adjacent to parcels not within the TOD-2 shall comply with underlying zoning setback standards.
(6) Development setbacks adjacent to a fully dedicated alley as determined by the Subdivision Ordinance maybe measured from the centerline of alley.
Table 1:
Standards
TOD-2 Setbacks
Street Setbacks
Distance From Station | Maximum Building Setback |
|---|---|
0—1,000 Feet | 6 Feet |
1,000—2,000 Feet | 12 Feet |
Where A Site Boundary Abuts any of the Following Districts:
S-1, S-2, RE-43, RE-34, RE-24, R1-14, R1-18, R1-10, R1-8, R1-6, R-2, PAD 1-11 | R-3, R-3A, R-4, R-4A, R-5, R-O, MUA, PAD 12-15 | CO, CO/GO, CO/MO, PSC, RSC, DC, GC, RH, UR, C-1, C-2, C-3 A-1, A-2, CP, Ind. Pk., P-1, P-2 |
Interior Setbacks
*Building heights must be allowed within underlying zoning.
2. Building frontage, facade, and entry regulations.
a. Building frontage and facades. In order to support the pedestrian-oriented environment within the TOD-2 station area, building frontages onto streets and open spaces shall be maximized. Building frontage within the TOD-2 shall achieve the requirements as outlined in the Table 2:
Table 2
Building Frontage
Distance From Station | Minimum Building Frontage as a Percentage of Lot Frontage Along a Transit Street |
|---|---|
0—500 Feet | 75 Percent |
500—2,000 Feet | 65 Percent |
Minimum Building Frontage as a Percentage of Lot Frontage Not Along a Transit Street | |
0—2,000 Feet | 50 Percent |
All structures except where residential uses are on the ground floor, shall utilize clear windows. A clear window shall allow a minimum of 75 percent of the visible light (as specified by the manufacturer) to be visible on either side of the window. Clear windows shall encompass, at a minimum, 60 percent of the building facade length fronting onto a street within the area from 3 feet to 6 feet, 8 inches above adjacent interior finished floor and adjacent sidewalk grade. Blank walls without doors and windows shall not occupy over 30 percent of the principal frontage for non-residential buildings and 50 percent for residential buildings, and a section of blank wall shall not exceed 20 linear feet without being interrupted by a window or entry.
b. Building entry. If a building lot or parcel abuts a transit platform, transit station, transit street, or a major pedestrian accessway, at least one main building entry shall be oriented to the adjacent transit platform, transit station, transit street, and/or primary pedestrian accessway. A pedestrian way shall be provided from the building entry to the transit platform, transit station, transit street, or major pedestrian accessway.
To allow for their use, residential porches of single-family detached units, located at ground level, shall have a minimum depth of 6 feet and shall be a minimum of 50 square feet.
c. Building and shade. The frontage shall include shading along its entire right-of-way frontage, excluding driveways, loading, and service berths.
Any projections into public right-of-way shall be permitted only upon issuance of a revocable permit or similar approval as administered by the City of Phoenix.
The Frontage shall include a minimum of one or a combination of the following methods. A minimum of 75 percent of the sidewalk or pedestrian way shall be shaded.
(1) Arcades, awnings, trellises, or covered walkways attached to the primary building shall be a minimum of 6 feet in depth, measured from any point of ground floor facade to the exterior column or vertical plane of the overhang. The maximum head clearance shall not exceed 20 feet, measured from finish grade. Landscaping shall include a row of trees (50 percent 2-inch caliper and 50 percent 3-inch caliper) placed 20 feet on center and run parallel with the arcade or awning. (see Figure 1)
(2) Detached shade structures shall be a minimum of 6 feet in depth and 15 feet in height. It should also incorporate architectural elements and design of the primary structure. Landscaping shall include a row of trees (50 percent 2-inch caliper and 50 percent 3-inch caliper) placed 20 feet on center and run parallel with the arcade or awning. (see Figure 2)
(3) A double row of trees a minimum of 50 percent 2-inch caliper and 50 percent 3-inch caliper spaced 20 feet on center shall be provided. The rows shall be placed parallel on either side of the sidewalk as required in Section 663.I.1. The rows shall be staggered to provide maximum shading. (see Figure 3)
3. Lot coverage.
a. There shall be no maximum lot coverage for parcels fronting a transit street.
b. A maximum of 75 percent lot coverage is allowed for all parcels not along a transit street except the Urban Residential District.
4. Open space or private areas for residential multi-family development including mixed use development shall be a minimum of five percent of the gross area. A combination of common and private areas to achieve the minimum requirement is allowed. A combination of 662.H.5.a. and 662.H.5.b. can be used.
a. Active and passive open space shall be provided and maintained in one or more central location(s) for use by the residents of the multi-family development.
(1) The open space areas shall be a minimum dimension of no less than 200 square feet and not less then ten feet in width and depth. Areas may include the following:
(a) Indoor community/recreation areas.
(b) Swimming pools.
(c) Roof top amenities (swimming pool, gardens, shaded seating areas).
(d) Common court yards.
(e) Barbecue and picnic areas.
(f) Tot lot.
(g) Lawn and turf areas.
(h) Entry lobbies and shall contain a minimum of six seats.
5. Open space/common or private area for commercial development shall be a minimum of five percent of the gross site area in square feet. A combination of common and private areas to achieve the minimum requirement is allowed. Areas may include the following:
a. Entry lobbies (must contain a minimum of six seats).
b. Court yards.
c. Outdoor seating areas.
J. Street and Sidewalk Regulation (See Figure 5).
1. Minimum widths. Sidewalks within the TOD-2 shall have a minimum 8-foot unobstructed width from any obstruction (light poles, parking meters, other street furniture, landscaping, or fences) for circulation with the exception of residential areas with a density of less than 12 units per acre where the width may be reduced to 6 feet.
2. Private use of sidewalks. Exterior storage on sidewalks is prohibited. Pedestrian-oriented accessory uses, such as sales display for flowers, food, or drink stands, are exempt from this requirement subject to obtaining a use permit for sidewalks on private land in public easements and a revocable permit where within the public right-of-way. Outdoor service of alcoholic beverages shall be clearly demarcated from public spaces. In all cases, a minimum 8-foot-wide unobstructed pedestrian circulation path shall be maintained along the sidewalk.
Figure 5. Sidewalk Use
K. Sign Regulations. New signage within the TOD-2 shall conform to the standards stated herein and Section 642.G (Urban Residential) and Section 705.D.3.l of the Zoning Ordinance of the City of Phoenix except for signs painted or mounted directly to the building surface. These signs shall be governed as follows:
1. Signs painted on the building surface or letters mounted directly to the building surface shall:
a. Be a maximum of 1 square-foot of signage for each lineal foot of building elevation to a maximum of 100 square feet for each business.
b. Have letters and logos no larger than 12 inches in height for building fronts 30 feet in height or less; 18 inches in height for building fronts 30 feet, 60 feet in height; 24 inches in height for building fronts 60 feet in height or greater.
c. Extend no closer than 1/2 the vertical height of the letters employed to a building corner (vertical edge) or to a roofline.
d. The foregoing requirements shall not apply to signs exceeding 56 feet in height approved through a Comprehensive Sign Plan and subject to the requirements of Section 705, Table D-1, of the Zoning Ordinance.
2. Signage may be increased by up to 25 percent by submitting a comprehensive sign plan for projects in which the commercial floor space is 15,000 square feet as provided in the Phoenix Sign Code, Section 705.E. in addition to the standards enumerated in Section 705.E, findings of approval shall include:
a. The signs and other displays are appropriate in scale, composition, and manner of display with surrounding development.
b. Content is limited to logos, graphics, business, and project name.
3. Signage shall not reduce unobstructed sidewalk width to less than 8 feet.
4. Opaque signage shall not reduce visual permeability of street-fronting windows to less than the minimum clear window requirement within Section 662.I.2.b.: Building frontage and facade of this ordinance.
5. Windows fronting the public right-of-way may include only two types of signage for each business:
a. Signs on the glass surface shall not exceed a total of more than 20 percent of the window pane area.
b. Neon letters, within 3 feet of the inside of the glass surface, shall not comprise in total more than 20 percent of the areas of the window opening.
6. Signs projecting more than 6 inches from the front of the ground floor level of buildings containing non-residential uses shall be perpendicular to the street (i.e. 90 degree angle), with a maximum of one sign per entrance. All signs that extend into or over the public right-of-way shall be permitted only upon issuance of a revocable permit as administered by the City of Phoenix. Each sign shall:
a. Identify only one business.
b. Provide a minimum 8-foot head clearance.
c. Be a maximum of 3 square feet in area per face.
d. Project no more than 3 feet into the public right-of-way.
e. Be indirectly illuminated from a shielded light source (i.e. not backlit or internally illuminated). Indirectly illuminated is defined as lighting which is not in a direct course or path, deviating from a straight line.
7. Awning signs shall be permitted by right and have letters no more than 10 inches in height. Backlit awnings are prohibited.
8. Second-story or above businesses fronting the public right-of-way may only use a sign in a second-story window or use a wall sign. Awning signs are not permitted on second-story windows.
9. Corner buildings shall be allowed signage on each street frontage.
10. Freestanding or ground signs for a primary use may be allowed to a maximum of 3 feet high and 30 square feet if located within the public street setback. If located more than 15 feet from the property line, primary use identification signs may be allowed to a maximum of 6 feet in height and 60 square feet.
11. Wall signs on buildings in a designated Historic Preservation Zoning District exceeding applicable size regulations may be allowed by the Historic Preservation Commission in accordance with the procedure set forth in Section 812.C.3. and upon the additional finding that the proposed signage replicates the size, shape, and placement of the first permitted wall signage on the building.
12. Directional signs for accessory parking will be allowed to a maximum of 6 square feet per sign per driveway entrance. The sign shall be a maximum of 3 feet in height. No more than 25 percent of the area may be devoted to business identification.
13. The provisions of Section 705.C.6.d. (Illuminated sign spacing from residential uses) shall not apply within the TOD-2.
14. The following signs are prohibited:
a. Signs placed above or on top of any portion of the roof or front parapet.
b. Signs advertising goods or services not provided on the premises except for non-commercial signs.
c. Signs utilizing animation or which contain the optical illusion of sign movement, except as provided by a use permit.
d. Commercial flags, banners, streamers, or other similar advertising devices.
L. Parking and Loading Regulations.
1. Automobile parking requirements per floor area or unit size and land use type. For new development within the TOD-2, the number of required parking spaces shall be based upon the City of Phoenix Standard, Section 702.A.3. of the Zoning Ordinance or as required by the underlying district if those standards are less. The maximum number of spaces allowed shall not exceed 125 percent of the City requirement.
a. A reduction on parking is allowed as provided below:
Reduction To Residential/Multifamily Parking Requirements:
•25 percent reduction of the required parking if the development is within 1,320 feet from a light rail station.
•10 percent reduction of the required parking if the development is greater than 1,321 feet from a light rail station.
Reduction To Commercial Parking Requirements:
•15 percent reduction of the required if the development is within 1,320 feet from a light rail station.
•5 percent reduction of the required parking if the development is greater than 1,321 feet from a light rail station.
2. On-street parking. For new development occurring within the TOD-2, legally permitted on-street parking along the use’s lot frontage shall count towards the parking requirements for uses on the lot as set forth within the regulations of this overlay district.
3. Bicycle parking. The following bicycle parking requirements shall be applied within the TOD-2 District.
a. Commercial retail or office development: Bicycle parking shall be provided at 1 space per 2,000 square feet of tenant leasable floor area. Maximum of 50 spaces.
b. Residential development: Bicycle parking shall be provided at 0.25 space per each residential unit. Maximum of 50 spaces.
4. Off-street parking location (See Figure 6).
a. Non-residential and multi-family uses.
(1) Surface parking lots. Off-street parking location for new development within the TOD-2 should be located to the rear and or interior of a lot and should be placed between the structure and a side or rear lot line. Where a lot fronts onto two or more streets, parking should be located accordingly:
(a) Along the street with the least amount of commercial activity.
(b) Along the street with the least amount of pedestrian activity if the lot is located along two or more commercial streets with equal amounts of commercial activity.
(c) A maximum 6-foot high wall or fence shall separate parking lots from abutting residential uses with a minimum 5-foot landscaped buffer.
Figure 6. Conventional Parking and Access Configuration
(2) Parking structures. For a parking structure which abuts a transit station, a transit street, or a major pedestrian accessway, at least 50 percent of the structure face, excluding entrances and exits, shall have non-parking use at ground level and shall comply with building frontage and facades and building entry requirements in Section 663H.2.a. and 663.H.2.b. of this chapter. Wherever possible, the narrow side of the parking structure shall abut the transit station, transit street, or major pedestrian accessway.
(a) Parking structures within 150 feet of a residential district shall be fully enclosed.
(b) Parking structures located greater then 150 feet away from a residential district shall be screened a minimum of 42 inches in height on each level with a solid material.
b. Single-family residential uses.
(1) Garages, whether attached or detached, shall be set back at least ten feet behind the primary front facade of the buildings they serve. The minimum distance between the front facade of garage and the closest edge of the sidewalk shall be 18 feet.
(2) The primary front facade (non-garage portion of the structure) shall comprise at least 50 percent of the overall width of the primary residence and the 10-foot setback shall not be measured from projections such as bay windows and porches, but from the facade of the wall which encloses the building.
(3) Using driveways as the primary access between the sidewalk and the house shall be avoided. Instead, the main entrance to the house should be from a walkway or terrace directly leading to the sidewalk.
Figure 7. Preferred Single-Family Residential Garage Setback
5. Location of vehicle access.
a. Vehicle access from pedestrian-oriented streets shall be prohibited unless no other reasonable access is available, such as in lots with a single street frontage and no alley. Where improved alleys are present, loading and service areas may be accessed from the alley.
b. Lots with more than one street frontage and no alley shall locate vehicular access along the street with the least amount of pedestrian activity.
c. All loading and service drives shall be of a depth that prevents loading and service vehicles from obstructing the sidewalk and roadway.
d. Entrances to loading and service areas shall be screened from view. For screening regulations see Section 507, Tab A of the Zoning Ordinance of the City of Phoenix.
e. Vehicle access and maneuvering in a fully dedicated alley may be allowed, as approved by the Driveway Hearing Officer and Planning and Development Department.
6. Loading and service area location.
a. Loading, service, and refuse areas shall not be located at the front of the lot. They shall be screened from view with walls, trellises, planting, mounds, or by integration into the design of the building. Walls shall not exceed 6 feet in height. Solid walls shall be landscaped to soften their appearance and shall be made of finished materials to match the primary building. Decorative elements, variation in materials, and articulation shall be used.
b. Loading areas shall be physically separated from public parking via curbs, bollards, low or high walls, raised planters, landscaping, distance, and/or elevation changes.
c. When using walls to separate loading areas from pedestrian areas, landscape elements (e.g. planting, trellises, arbors, etc.) shall be used on the outside of walls to soften their appearance.
Section 665. Seventh Avenue Urban Main Street Overlay (SAUMSO) District.
A. Purpose. The purpose of this overlay is to establish development standards which achieve the following:
1. Encourage economic development.
2. Allow full utilization of small or irregularly sized parcels.
3. Assist in unifying the overlay area as a cohesive and attractive commercial corridor.
4. Restrict certain land uses which may inhibit investment and improvement of property.
5. Create a pedestrian-oriented streetscape.
B. Applicability. This overlay applies to commercial land uses adjacent to Seventh Avenue between Indian School Road and Pierson Street. The specific boundaries of the overlay are shown on the City of Phoenix Zoning Map. Map 1 illustrates the general boundaries of the overlay.
The regulations governing the uses of land and structures shall be as set forth in the underlying zoning districts except as expressly modified by this overlay. Uses allowed by the underlying zoning are not restricted by this overlay unless specifically identified in the Prohibited Uses Section. In the event there is a conflict, these provisions shall prevail unless otherwise noted.
Projects which have received preliminary site plan, final site plan, or building permit approval prior to the effective date of this ordinance [April 7, 2006] are exempt.
Map 1: General Overlay Boundaries
C. Prohibited Uses. The following uses are prohibited within the overlay:
2. Baths, Public;
3. Bingo;
4. Bleach Blending;
5. Blood Banks and Blood Plasma Centers;
6. Bonding Companies;
7. Bottled or Containerized Fuel, Storage, Distribution, and Retail Sales;
8. Car Washes;
9. Chemicals and Drugs, Storage and Distribution;
10. Cigarette Services;
11. Cleaning Compounds Storage;
12. Commercial Radio, Television Tower, or Transmitting Station;
13. Compressed Natural Gas (CNG) Retail Sales;
14. Department Stores Warehouse;
16. Firewood, Storage;
17. Freight Depot;
18. Freight Forwarders’ Warehouses;
19. Frozen Foods, Processing;
20. Gas Stations;
21. Grocers, Wholesale and Warehouse;
22. Guns, Retail Sales or Repairs;
26. Mobile Vendors;
27. Motor Freight Company Garages;
28. Movers, Warehouses;
30. Pawn Shop;
31. Perfumes, Compounding, Packaging or Storage;
32. Propane Retail Sales;
33. Public Storage Garages;
34. Public Utility Service Yards;
35. Self-Service Laundry;
36. Service Stations, Automobile;
37. Taxicab Garages;
38. Veterinarians’ Supplies, Wholesale;
D. Outdoor Display. The outdoor display of merchandise is allowed subject to the following conditions:
1. The outdoor display does not constitute a sign as regulated by Section 705 of the Zoning Ordinance.
2. The outdoor display area does not exceed ten percent of the primary building’s ground level gross floor area.
3. The number of parking spaces available to the public is not reduced by the outdoor display.
4. The area of existing courtyards available for public use is not reduced by the outdoor display.
5. The outdoor display coincides with normal business hours.
6. The outdoor display area is dust-proofed.
7. The outdoor display is representative of the merchandise of the retail use.
8. The outdoor display area does not restrict or impede accessible access.
E. Pennants and Streamers. Pennants and streamers are allowed subject to the following conditions:
1. The existing or proposed lot coverage is fifteen percent or less.
2. Streamers are set back from any site property line a minimum distance equal to the longest length of the streamer or pennant.
3. Pennants and streamers are not located within 75 feet of a residential district.
F. Location of Parking. Required parking shall be on the same lot as the use except that parking may be provided on another lot subject to the following conditions:
1. The lot is located within 1,320 feet of the use.
2. Except for public assembly uses, parking may be located on a lot separated from the use by an arterial or collector street.
3. The lot is not located within a residential district.
4. If the lot is not owned by the owner of the property containing the use, the off-site area must be used in conjunction with a recorded, non-cancelable lease, renewable in a minimum of one year increments.
G. Shared Parking Model.
1. A shared parking model may be approved for multiple uses on a single or multiple parcels.
2. There shall be no minimum floor area for any use proposed under a shared parking model.
3. Reductions of total parking required by this overlay greater than thirty percent based on the model must obtain a use permit in accordance with the standards and procedures of Section 307
H. Development Regulations. The table below (Table 1: Development Regulations) establishes standards for new development, redevelopment, additions, expansions, changes of use, and tenant improvements. The regulations are listed in the second column and the applicability is listed as either "yes", meaning the regulation is applicable to the type of development activity, or "no", meaning the regulation is not applicable. Illustrations 1, 2 and 3 provide examples of development regulations as they apply to new development or redevelopment. The following definitions clarify terms used in Table 1:
1. New Development—Building construction on a vacant site.
2. Redevelopment—Building construction on a vacant site requiring clearing of existing buildings.
3. Additions/Expansions—Building construction, detached or attached, on a site containing a single or multiple structures.
4. Changes of Use—One or more new uses proposed on a site containing an existing use.
5. Tenant Improvements—Improvements requiring a building permit which do not increase the floor area of an existing structure.
6. 7th Avenue and Glenrosa Streetscape Guidelines—Approved planning document which contains landscaping guidelines specific to the overlay area.
Table 1
Development Regulations
Development Regulations | New Development or Redevelopment | Additions and Expansions | Change of Use and Tenant Improvements | |
|---|---|---|---|---|
Building Setbacks Illustrations 1 & 3 | The primary building shall occupy a minimum forty percent of the Seventh Avenue street frontage between 8 and 14 feet from the Seventh Avenue property line except that covered or uncovered pedestrian paths, arcades, awnings, cafe eating areas, decorative monument towers, balconies, bay windows, display windows, and entry features may be located within five feet of the Seventh Avenue property line. (A) | YES | NO | NO |
The minimum setback from the Seventh Avenue property line for any building shall be eight feet. | YES | NO | NO | |
Accessory structures shall have no maximum setback from Seventh Avenue so long as the forty percent requirement above is met.(A) | YES | NO | NO | |
There shall be no minimum or maximum building setbacks from the Seventh Avenue property line. | NO | YES | YES | |
There shall be a five-foot building setback from non Seventh Avenue property lines which are not adjacent to a residential district. | NO | YES | YES | |
Landscaping and Public Space | A landscape setback of five feet shall be provided adjacent to the Seventh Avenue property line. | YES | NO | NO |
Illustrations 2 & 3 | The required landscaped setback adjacent to Seventh Avenue shall consist of landscaping materials as described in the 7th Avenue and Glenrosa Streetscape Guidelines. Trees shall be planted at a minimum rate of 1, two inch caliper, tree per every 15 feet of Seventh Avenue linear street frontage, or in equivalent groupings as approved by the Planning and Development Department. Five shrubs shall be provided with each required tree. | YES | NO | NO |
There shall be no minimum landscape setback from the Seventh Avenue property line. | NO | YES | YES | |
Illustrations 1 & 3 | A minimum of 200 square feet shall be public space visible and directly accessible from Seventh Avenue. Public space shall include seating areas, shade structures, and landscaping. Up to 50% of the required Seventh Avenue landscape setback may be counted towards the public space requirement calculation. | YES | NO | NO |
There shall be no minimum public space requirement. | NO | YES | YES | |
There shall be no maximum lot coverage requirement. | YES | YES | YES | |
Vehicle Maneuvering and Parking | Vehicle maneuvering in public alleyways shall be allowed by right. | NO | YES | YES |
Illustration 3 | Required parking may be reduced by fifteen percent when a bicycle parking facility is located on site within 50 feet of the primary building’s front entrance, is visible from Seventh Avenue, and allows for a minimum of six bicycles to be parked at one time. | YES | YES | YES |
Required parking shall be the parking existing on the effective date of this ordinance plus fifty percent of the parking required for the additional building area. | NO | YES | NO | |
Required parking shall be the parking existing on the effective date of this ordinance except in the case of public assembly uses which shall have a parking requirement equal to fifty percent of the parking required for public assembly uses. | NO | NO | YES | |
Pedestrian Areas (If Proposed) | Covered walkways and arcades shall be no higher than fifteen feet above finished grade. | YES | YES | YES |
Illustration 2 | Outdoor dining areas visible from Seventh Avenue shall be provided with a three-foot wall, fence, or landscaped planters where the eating area is not sided by a building. | YES | YES | YES |
Pedestrian pathways between buildings shall be a minimum of 10 feet wide. | YES | NO | NO | |
(A) An alternative setback may be approved by the Planning and Development Department which requires that seventy-five percent of the proposed primary building’s longest exterior wall must be located between 8 and 14 feet from the Seventh Avenue property line. If the alternative setback is approved, accessory structures shall have no maximum setback from Seventh Avenue so long as the seventy-five percent requirement above is met. Covered or uncovered pedestrian paths, arcades, awnings, cafe eating areas, decorative monument towers, balconies, bay windows, display windows, and entry features may be located within five feet of the Seventh Avenue property line. | ||||
Section 668. Summary List of Special Planning and Specific Plan Overlay Districts.
Sections 402 and 403 of the zoning ordinance set forth provisions for initiating and amending special planning districts and specific plans. This section lists those plans and provides a summary of their regulatory provisions. It also identifies where regulatory provisions, when also adopted, may be found. It is the intent of this section to further the knowledge of, and the understanding and application of these adopted plans.
A. Special Planning Districts.
1. Willo.
a. Policy plan adopted: February 12, 1986.
b. General location: First Avenue Alignment to 7th Avenue, McDowell Road to Thomas Road.
c. Regulatory provisions: None.
2. Sahuaro.
a. Policy plan adopted: February 19, 1986.
b. General location: 36th Street to 44th Street, Shea Boulevard south to the Phoenix Mountain Preserve.
c. Regulatory provisions: None.
3. Coronado.
a. Policy and regulatory plan adopted: May 21, 1986.
b. General location: 7th Street to 16th Street, McDowell Road to Thomas Road.
c. Regulatory provisions include: Height and setbacks for commercial and multi-family development adjacent to existing single-family, limiting access to commercial parking lots to major or collector streets, use permits for certain activities, multi-family parking standards, residential front yard setbacks and additions in the side and rear yards of non-conforming residential uses.
d. Source of regulatory provisions: See Neighborhood Conservation Plan for the Coronado Neighborhood on file with the Planning and Development Department.
4. Windsor.
a. Policy and regulatory plan adopted: January 21, 1987.
b. General location: Central Avenue to 7th Street, Camelback Road to Missouri Avenue.
c. Regulatory provisions include: Commercial development building height and setbacks and landscape setbacks, commercial parking requirements.
d. Source of regulatory provisions: See Windsor Square Neighborhood Conservation Plan on file with the Planning and Development Department.
5. Encanto Vista.
a. Policy plan adopted: April 21, 1987.
b. General location: 7th Avenue to 8th Avenue, Encanto Boulevard to Windsor Avenue.
c. Regulatory provisions: None.
6. Story.
a. Policy and regulatory plan adopted: March 11, 1987.
b. General location: 7th Avenue to Grand Avenue, Roosevelt Street to McDowell Road.
c. Regulatory provisions include: Building height and setbacks, landscape provisions, increased wall and fence height and prohibition on billboards.
d. Source of regulatory provisions: See Story Neighborhood Conservation Plan on file with the Planning and Development Department.
7. Mountain Park.
a. Policy and regulatory plan adopted: July 15, 1987.
b. General location: First Avenue to 7th Avenue, Dobbins Road to Euclid Avenue.
c. Regulatory provisions include: Building height, front and side yard setbacks and fence heights in all yards.
d. Source of regulatory provisions: See Mountain Park Neighborhood Special District Plan on file with the Planning and Development Department.
8. Roosevelt.
a. Policy and regulatory plan adopted: September 20, 1989.
b. General location: Rear of lots fronting Central Avenue to 7th Avenue, Roosevelt Street to McDowell Road.
c. Regulatory provisions include: Fence and wall height, use of clerestory windows and private development plan review regarding traffic control and street improvements recommended by circulation plan.
d. Source of regulatory provisions: See Roosevelt Neighborhood Special District Plan on file with the Planning and Development Department.
9. Arcadia Camelback.
a. Policy and regulatory plan adopted: June 16, 1999.
b. General location: Indian School Road to Stanford Drive, 44th Street to 64th Street.
c. Regulatory provisions include: Height of walls along Camelback Road.
d. Source of regulatory provisions: See Section 652 of the Phoenix Zoning Ordinance and the Arcadia Camelback Special Planning District Plan on file with the Planning and Development Department.
10. Royal Palm.
a. Policy and regulatory plan adopted: January 6, 1999.
b. General location: 7th Avenue to 19th Avenue, Northern Avenue to Dunlap Avenue.
c. Regulatory provisions include: Restricts development option, establishes design guidelines.
d. Source of regulatory provisions: See Royal Palm Neighborhood Special Planning District Plan on file with the Planning and Development Department.
11. North Central Avenue.
a. Policy and regulatory plan adopted: July 1, 2004.
b. General location: Properties fronting Central Avenue, between Missouri Avenue and Northern Avenue.
c. Regulatory provisions include: Restricts development option, lot frontage along Central Avenue, landscape and building setback along Central Avenue, garage treatment for garage doors facing central avenue, and the height of walls along Central Avenue.
d. Source of regulatory provisions: See Section 664 of the Phoenix Zoning Ordinance. Also see North Central Avenue Special Planning District Plan on file with the Planning and Development Department.
B. Specific Plans.
1. Desert Ridge.
a. Policy and regulatory plan adopted: July 18, 1990.
b. General location: 32nd Street to 64th Street, north of the Centreal Arizona Project to Pinnacle Peak Road.
c. Regulatory provisions include: Development parcel regulations govern the intensities, densities and locational criteria for permitted land uses. Also included are development standards for wall/fence heights, parking requirements and landscaping.
d. Source of regulatory provisions: See Desert Ridge Specific Plan on file with the Planning and Development Department.
2. Piestewa Peak Parkway.
a. Policy plan adopted: October 3, 1990.
b. General location: 18th Street to 22nd Street, Interstate 10 to Thomas Road; 16th Street to 22nd Street, Thomas Road to Osborn Road; 16th street to 20th Street, Osborn Road to Glendale Avenue.
c. Regulatory provisions: None.
3. 44th Street.
a. Policy plan adopted: January 30, 1991.
b. General location: Sky Harbor International Airport on the south, McDonald Drive on the north, south of Osborn Road between 40th Street and 48th Street; north of Osborn Road between 42nd Street and 46th Street.
c. Regulatory provisions: None.
4. Downtown Core.
a. Policy plan adopted: May 8, 1991.
b. General location: 7th Avenue to 7th Street, Harrison Street to McDowell Road.
c. Regulatory provisions: None, see Downtown Core District, Section 643
5. Camelback East Primary Core.
a. Policy and regulatory plan adopted: May 29, 1991.
b. General location: 16th Street to 20th Street, Highland Avenue to Medlock Street alignment; 20th Street to 24th Street, Campbell Avenue to Medlock Street alignment; 24th Street to 28th Street, Highland Avenue alignment to Colter Street alignment.
c. Regulatory provisions include: For Core Center 1, 2 and 3 and Core Gradient 1 and 2 designated properties there are building height, and setback provisions and design guidelines.
d. Source of regulatory provisions: See Camelback East Primary Core Specific Plan on file with the Planning and Development Department.
6. Piestewa Peak Freeway.
a. Policy plan adopted: July 3, 1991.
b. General location: Half-mile corridor along the Piestewa Freeway, Glendale Avenue north to the Loop 101 Freeway.
c. Regulatory provisions: None.
7. Indian School.
a. Policy and regulatory plan adopted: December 4, 1991.
b. General location: 108 acres at the northeast corner of Central Avenue and Indian School Road.
c. Regulatory provisions include: Land use, intensity and density, building heights, lot coverage, submittal of master plan documents and design guidelines.
d. Source of regulatory provisions: See Indian School Specific Plan on file with the Planning and Development Department.
8. Deer Valley Core.
a. Policy plan adopted: October 5, 1994.
b. General location: 31st Avenue to 23rd Avenue, Utopia Road to Rose Garden Lane; Black Canyon Freeway to 23rd Avenue, Union Hills Drive to Utopia Road.
c. Regulatory provisions: None.
9. Outer Loop Freeway.
a. Policy plan adopted: May 1, 1996.
b. General location: Half-mile corridor along the Loop 101 Freeway, 51st Avenue to Scottsdale Road.
c. Regulatory provisions: None.
10. Black Canyon/Maricopa Freeway.
a. Policy plan adopted: June 30, 1999.
b. General location: Half-mile corridor along the Interstate 17 Freeway and its continues connection with the Interstate 10 Freeway, Pecos Road to Pinnacle Peak Road.
c. Regulatory provisions: None.
Section 671. Planned Unit Development (PUD).
A. Purpose. The Planned Unit Development (PUD) is intended to create a built environment that is superior to that produced by conventional zoning districts and design guidelines. Using a collaborative and comprehensive approach, an applicant authors and proposes standards and guidelines that are tailored to the context of a site on a case by case basis. These standards and guidelines will be based primarily on the following:
1. Uses. Appropriate limitations will be placed on the character and intensity of permitted uses to promote neighborhood compatibility.
2. Development standards. Development standards will be established that complement the dimensions and physical features of a site and the character of the neighborhood.
3. Design guidelines. Design guidelines will reflect compatible and innovative architecture and development as expressed in the PUD Design Expectations Document that can be found on file with the City of Phoenix Planning and Development Department.
4. Sustainability. Development will be designed to respond to our region’s unique environmental and urban challenges.
B. Applicability.
1. Existing overlay districts and regulatory portions of specific plans and special planning districts, as described in the Zoning Ordinance, may not be removed or modified by a PUD.
2. Where the approved PUD narrative is silent on a requirement, the applicable Zoning Ordinance provision shall control.
3. PUD applications for a property where the gross land area is three hundred twenty (320) acres or more shall submit Master Plans, as described in the establishment of district, Planned Community District (PCD) Section of the Zoning Ordinance. Master plans may be required at the discretion of the Planning and Development Department for projects less than three hundred twenty (320) acres if the proposed intensity/density of the project impacts existing infrastructure. Master plans shall be approved prior to preliminary site plan approval.
4. City Council may attach a stipulation to a PUD to commence development within a specific timeframe.
5. Outdoor advertising structures shall comply with Section 705.2.
C. Permitted Uses. Any permitted use which is described in the Phoenix Zoning Ordinance may be proposed. Uses shall be listed within the development narrative. Uses may include permitted, permitted with conditions, temporary or accessory uses.
D. General Requirements.
1. The application for the PUD District shall conform to the zoning map amendment (rezoning) section of the Zoning Ordinance.
2. There shall be a development narrative included in the application that contains items as stated in the development narrative submittal requirements document that can be found on file with the City of Phoenix Planning and Development Department. The development narrative shall include, but not be limited to, the following:
a. Purpose and intent.
b. Legal description.
c. List of uses.
d. Development standards, including, but not limited to, density (residential projects), building height, setbacks, and lot coverage.
e. Design guidelines.
f. Infrastructure.
E. PUD Amendments.
1. Major amendments. Amendments to the approved PUD narrative that are determined to be major amendments shall follow the application and approval process stated in the zoning map amendment (rezoning) section of the Zoning Ordinance. Amendments shall be considered major if they include any of the following:
a. A change in the PUD boundary.
b. Any change in the height, density, setback, or lot coverage development standards.
c. Any change in the location of a land use depicted on the land use plan in the development narrative.
d. Any addition to the list of uses in the development narrative.
e. Any change to the design guidelines that is inconsistent with the intent of the PUD as described in the development narrative.
2. Minor amendments. Amendments not meeting the criteria for a major amendment shall be deemed to be minor amendments and may be administratively approved by the Planning and Development Director or designee.
3. Conceptual site plans and elevations. Amendments may be made to conceptual site plans and/or elevations unless the proposed modifications fail to meet the development standards of the PUD. Amendments to conceptual site plans and/or elevations that change the development standards approved with the PUD development narrative shall follow the PUD amendment process.
a. Planning and Development Department administrative review. The Planning and Development Department may administratively approve modifications to site plans and/or elevations that result in one or more of the following:
(1) An increase in building height less than five percent;
(2) Any change in density less than five percent;
(3) A change in building or landscape setbacks less than five percent;
(4) Any increase in open space;
(5) Any change in traffic circulation that positively impacts traffic circulation or increases traffic or pedestrian safety; or
(6) An increase in building footprint less than five percent.
b. Planning Hearing Officer public hearing process. The Planning Hearing Officer, through the public hearing process, may approve proposed modifications to conceptual site plans and/or elevations that do not meet the criteria for Planning and Development Department administrative review.
Section 672. Hatcher Road Overlay (HRO) District.
A. Purpose. The Hatcher Road Overlay District is intended to establish development standards for Hatcher Road which achieve the following:
1. Promote a mix of residential, commercial, office and civic development in a pedestrian-friendly setting.
2. Encourage mixed-use development for new and redevelopment parcels, utilizing a building’s second floor and above for office and residential uses.
3. Encourage economic development by establishing Hatcher Road as a shopping and dining destination for the rest of the City.
4. Create a safe and accessible pedestrian environment.
5. Encourage development of convenient, off-street parking facilities.
6. Encourage shared parking for multiple-uses on a single or multiple parcels.
7. Create an attractive and cohesive streetscape that enhances pedestrian safety and shade along Hatcher Road.
B. Applicability. This overlay applies to those properties generally fronting on both sides of Hatcher Road between 7th Street and 7th Avenue. The specific boundaries of the overlay are shown on the City of Phoenix Zoning Map.
1. Projects that have received preliminary or final, unexpired site plan approval or valid, unexpired building permit approval prior to the effective date of this Ordinance are exempt.
2. The regulations governing the use of land and structures shall be set forth in the underlying zoning districts except as expressly modified by this overlay. In the event there is a conflict, these provisions shall prevail unless otherwise noted.
3. The development standards and design guidelines described herein shall be applicable to new development and additions/expansions as defined below.
a. New development—Building construction on a vacant site or one that becomes vacant as a result of the demolition of existing structures.
b. Additions/expansions—Building construction exceeding 50 percent of the square footage of the existing structures, detached or attached, on a site containing a single or multiple structures.
C. Permitted Uses. Any of the allowable uses in the underlying zoning district and the following:
1. Artists’ studios/galleries;
5. Commercial recreation (≤ 10,000 square feet);
6. Community center;
8. Cultural events and performances that are open to the public and that feature visual art, music, dance, theater, performance art, science, design or cultural heritage are permitted, subject to the following:
a. The outdoor event or performance must be presented by an existing business on the property and must comply with all applicable Codes and Ordinances.
b. The business’ regularly stocked items may be displayed outdoors and be available for purchase during the event or performance but payment for all items shall occur indoors. No other items may be displayed for sale outdoors during the event or performance.
c. Outdoor events or performances are limited to Fridays, Saturdays, and Sundays only.
d. Friday and Saturday outdoor events or performances shall be limited to the hours between 10:00 a.m. and 10:00 p.m. No amplified music or loudspeakers may be used outside after 10:00 p.m. in the R-5 or C-2 Districts.
e. Sunday outdoor events or performances shall be limited to the hours between 10:00 a.m. and 9:00 p.m. No amplified music or loudspeakers may be used outside after 9:00 p.m. in the R-5 or C-2 Districts.
f. Hours and days of outdoor events or performances may be extended subject to obtaining a use permit in accordance with the standards and procedures of the Zoning Administrator Section of the Zoning Ordinance.
g. Outdoor events or performances in the R-5 or C-2 Districts shall be a minimum of 100 feet from a Single-Family Zoning District.
9. Dependent or day care centers;
10. Dwellings, multi-family;
11. Farmer’s market;
12. Financial institutions (excluding non-chartered);
13. Food and beverage sales;
15. Live-work units;
16. Outdoor cooking (see accessory uses);
17. Outdoor dining (outdoor alcoholic beverage consumption shall be permitted as an accessory use only upon securing a use permit in accordance with the provisions of Section 307);
18. Outdoor display (see accessory uses);
19. Plant nursery (≤ 5,000 square feet);
20. Restaurants;
21. Retail sales;
22. Second-hand/used merchandise;
23. Theaters;
24. Veterinary office/hospital (≤ 5,000 square feet);
D. Accessory Uses.
1. Outdoor display.
a. The outdoor display of merchandise shall be permitted subject to an administrative review by the Planning Hearing Officer which includes the review of a site plan that shows the amount and location of the outdoor display area, and subject to the following conditions:
(1) The display shall coincide with normal business hours; and
(2) Represent the merchandise of the retail use; and
(3) Payment for all items shall occur indoors; and
(4) Not exceed ten percent of the primary building’s retail ground level net floor area; and
(5) Not reduce the number of required parking spaces.
2. Outdoor cooking shall be subject to the following conditions:
a. Sale of items cooked outdoors must take place inside the store; and
b. Items must be moved to display area inside after cooking; and
c. A store employee must conduct the cooking; and
d. The cooking equipment shall not be mobile and must be affixed to the ground.
E. Required Uses. For the portion of each building fronting Hatcher Road, a minimum of 70 percent of the ground floor area shall be retail or office uses.
F. Height. A maximum building height of 48 feet shall be permitted, unless additional height is allowed per the underlying zoning.
G. Setbacks.
1. The build to line shall be established 14 feet behind the back of curb or the property line, whichever is greater. A minimum of 70 percent of the ground floor facade adjacent to Hatcher Road should be built within a range of 0 feet to 2 feet of the build to line. Where ground level retail uses are proposed, the building may be set back from Hatcher Road an additional 12 feet for shop entrances, arcades, plazas, sidewalk cafes and outdoor display of retail sales.
2. The second story and above shall be setback a minimum of 25 feet if adjacent to a Single Family Residential District.
H. Lot Coverage. There shall be no maximum lot coverage requirements.
I. Street Improvements. A 6-foot wide landscaped area adjacent to the Hatcher Road curb and an 8-foot wide detached sidewalk shall be provided. Both the adjacent public sidewalk and landscape area back of curb shall be improved by the subject property owner.
J. Shading, Planting and Landscaping.
1. A minimum of 50 percent of the sidewalk area adjacent to Hatcher Road should be shaded by means of arcades, projections, awnings or trees (measured at maturity). All canopies, awnings and similar shading elements that extend into or over the public right-of-way shall be permitted only upon issuance of a revocable permit as administered by the City of Phoenix.
2. Shading should be positioned to shade the sidewalk. Shade calculations shall be based on summer solstice at 12:00 p.m.
3. Where landscaping is used, trees should be a minimum two inch caliper, at the time of planting.
4. The unpaved portions of all common areas shall be landscaped with inorganic ground cover or living plant material.
5. A theme tree shall be planted 20 feet on center along the Hatcher Road frontage, or in equivalent groupings as approved by the Planning and Development Department, with three shrubs provided with each required tree.
6. All plant materials shall be selected from the Hatcher Road Plant Palette. For a list of plant materials refer to the Hatcher Road Plant Palette.
K. Off-Street Parking.
1. For additions/expansions, required parking shall be the parking existing on the effective date of this Ordinance plus 50 percent of the additional required parking.
2. For new development, commercial parking requirements on the effective date of this Ordinance shall be reduced by 15 percent. Required parking may be located on another parcel within 1,320 feet of the use so long as the parcel is within the Hatcher Road Overlay Area. If off-site parking is requested, the site plan must show the primary use and the off-site parking, plus the property address and legal description of both sites. At the time of application, a letter of intent to execute such a lease, with a minimum term of 12 months, signed by the owner of the off-site parking facility is required.
3. Required parking may be reduced by an additional 15 percent if a bicycle parking facility is provided on the site within 50 feet of the building’s front entrance, is visible from Hatcher Road, and provides for a minimum of four bicycles to be parked at one time.
L. Design Guidelines. Design guidelines reflect the desired goals and policies for the Hatcher Road Overlay District as stated in (A.) Purpose. The guidelines indicate specific implementation standards and consist of requirements (R), presumptions (P), and considerations (C). Unless expressly modified by this overlay, the standards of guidelines for design review (Section 507 Tab A., Phoenix Zoning Ordinance) still apply. In the event of conflict, these provisions shall prevail unless otherwise noted.
1. Building lines and building access.
a. Building facades should be oriented to Hatcher Road. Exceptions may occur at entrances and to satisfy visibility requirements at street intersections. (P)
b. Buildings should have at least one entrance facing Hatcher Road. (P)
c. There should be one entrance for every 100 linear feet of development. (P)
Rationale: The purpose of this district is to orient development to Hatcher Road and to encourage pedestrian access to buildings. The Hatcher Road environment will be more active for pedestrians if opportunities to access public uses are provided as often as possible.
2. Off-street parking.
a. Parking should be located to the rear of the building to enhance a pedestrian friendly environment along Hatcher Road.
b. Parking lots should be visible from interior spaces.
Rationale: Parking lots and vehicular maneuvering in front of buildings is inconsistent with the pedestrian-friendly environment encouraged along Hatcher Road. Visibility of parking lots is a crime deterrent.
3. Windows and materials.
a. For retail uses only, a minimum of 70 percent of the ground floor, street facing building facade should be comprised of transparent windows. (P)
b. The required area of windows should be within an area 3 feet to 7 feet above adjacent proposed sidewalk grade. (P)
c. Transparent windows should allow a minimum of 75 percent of the visible light, as specified by the manufacturer, to be visible on either side of the window. (P)
d. All building glass used as an exterior building material along Hatcher Road should have a reflectivity of 30 percent or less. (P)
e. Transparent ground floor windows of retail uses facing Hatcher Road should provide pedestrians with unobstructed views of the interior of the building. (P)
Rationale: Large visible windows along Hatcher Road will provide an appealing streetscape for pedestrians. Highly reflective materials are distracting and focus attention away from the positive qualities of the Hatcher Road environment.
4. Building facades.
a. The building facade facing Hatcher Road should not exceed 20 linear feet without being interrupted by a window or entry. (P)
b. The design of a blank wall should consist of architectural embellishments and/or variations in the types and design, building texture, and materials. (P)
Rationale: Breaking up building facades with windows, entries, and architectural embellishments creates an interesting and appealing pedestrian environment.
5. Security lighting. Exterior lighting should be provided for the following areas: pedestrian pathways, plazas, courtyards, building entrances, parking lots, and driveways, automatic teller machines, loading docks and any other outdoor space used at night by pedestrians or employees. (P)
Rationale: The purpose of security lighting is to protect people and property usually between dusk and dawn. Additionally, security lighting should provide enough light over an area so that anyone moving in or around it can be seen easily.
6. Public accessible open space. Public accessible open space is not required. If provided it should address the following considerations:
a. Publicly accessible open space should include seating areas, landscaping and shade. (C)
b. Publicly accessible open space should be located on the ground level and be accessible and visible from a public sidewalk. (C)
c. Publicly accessible open space should consist of three or more of public open space design features. The following are examples of such features:
•Decorative paving;
•Public outdoor drinking fountains;
•Improvement of adjacent transit stop, as approved by the Public Transit Department;
•Water features;
•Public art (C).
Rationale: With the increased activity anticipated along Hatcher Road, publicly accessible open space is an important amenity. Incorporating features, such as those noted, will enhance this space for the benefit of pedestrians.
7. Fences and walls.
a. Fences between the building face and the public right-of-way shall not exceed 40 inches in height except to screen off-street loading facilities, refuse containers or outdoor play areas. (P)
Rationale: The view of buildings, courtyards, outdoor display of merchandise and dining contribute to the street activity.
