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Section 605. Residential Estate RE-43 District—One-Family Residence.
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The provisions of this section shall apply only to land zoned prior to September 13, 1981.

The RE-43, One-Family Residence, is a district of single-family homes designed to maintain, protect and preserve a character of development on lots with a minimum area of forty-three thousand five hundred sixty square feet, and with not more than one dwelling unit and customary accessory buildings upon one lot.

A. Permitted uses.

1. One single-family dwelling on any lot or parcel, except that a developer of a subdivision shall be allowed to build model homes prior to recording a subdivision plat, subject to the provisions of paragraph 7 below and subject to submitting a final plat which shall show the following information for each model home lot:

a. Street addresses for each model home as assigned by the Water Services Department.

b. Finished floor elevations for each model home as assigned by the Division of Engineering.

c. Proposed lots for model homes shall be in conformance with lot lines as shown on the approved preliminary plan.

d. Each model home shall be located on each proposed lot in conformance with yard requirements of the district.

Such final plat need not have the required approvals for purposes of obtaining permits for model homes.

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. Model homes and/or subdivision sales offices when located in model homes subject to approval of the Planning and Development Department, and subject to the following conditions:

a. Such model home and/or subdivision sales offices shall be located in a subdivision 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.

b. 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.

c. The time limit allowed in Section 605.A.5.b for an additional 36 months shall be extended only upon securing a use permit.

d. 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 605.A.5.b or upon expiration of the extension granted by the Zoning Administrator pursuant to Section 605.A.5.c, or after six months following sale or occupancy of all lots in the subdivision other than the model homes, whichever occurs 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 four hundred 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.

e. For the purposes of Sections 605.A.5.a and d, the term "subdivision" shall mean all the land included within the preliminary plat submitted to Planning and Development Department.

f. 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 605.C.1.

g. 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 four hundred 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.

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. Guesthouse, subject to the following conditions:

a. The square footage of the guesthouse shall not exceed fifty percent of the gross floor area of the primary dwelling unit with a maximum of nine hundred square feet, except as set forth in subsection b, below. Any garage area attached to the guesthouse which is more than the area of a single-car garage shall be counted toward the allowable square footage of the guesthouse.

b. On lots with more than forty-three thousand five hundred sixty square feet in net area with a primary dwelling unit of at least three thousand six hundred square feet in gross floor area, the square footage of the guesthouse may be twenty-five percent of the gross floor area of the primary dwelling unit.

c. The floor area of the connecting structure shall be included in the floor area of the guesthouse.

d. Pergolas and other roofed structures without walls shall not be considered a connecting structure.

e. Vehicular access to the accessory dwelling unit must be provided from the same curb (driveway) as the primary dwelling unit, except that separate access may be permitted from a paved alley.

f. One parking space must be provided for the accessory dwelling unit in addition to the parking required for the primary dwelling unit.

g. Only one guesthouse is permitted on a single lot.

h. The guesthouse shall be constructed of similar building materials and in the same architectural style as that of the primary dwelling unit and shall not exceed the height in feet or number of stories of the primary dwelling unit.

i. A guesthouse shall not:

(1) Provide more parking than the one required space;

(2) Be advertised for occupancy through any print or electronic media or through placement of signs on the property;

(3) Provide separate mail service or have a separate address from the primary dwelling unit; or

(4) Be separately metered for utilities.

(j) Single-family use requirements shall apply to the guesthouse and the primary dwelling unit as a single unit.

(k) Any guesthouse existing as of (the effective date of this ordinance) may qualify as "connected to the primary dwelling unit" by being connected to the primary dwelling unit without meeting the minimum width requirements.

12. Accessory uses and buildings.

a. Any accessory building shall maintain the same yard requirements as the main building. 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.

b. No accessory use of land or structures shall be maintained except as hereinafter provided or except as may be permitted as a home occupation.

c. The following uses, when accessory to the residential use of land or structures by residents, shall be permitted:

(1) Sleeping, eating, and 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.

(5) Reserved.

d. 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. There shall be a lot area of not less than forty-three thousand five hundred sixty square feet. No lot shall hereafter be subdivided to provide less than forty-three thousand five hundred sixty square feet of lot area, nor to have a width of less than one hundred sixty-five feet, nor to have a lot depth of less than one hundred seventy-five feet. The provisions of Section 701.A.3, as it refers to carports, porches, and balconies in the side yard, shall not be applicable.

2. There shall be a front yard having a depth not less than that established by an existing main building on the nearest lot within one hundred feet, provided, however, that on a lot between two lots each within one hundred feet, which lots have established [front yards, then the minimum front yard shall be that established] by a line joining the nearest front corner of the main building on one lot and the nearest front corner of the main building on the other lot. Nothing in this section shall require that a front yard be more than fifty feet in depth nor to permit a front yard of less than forty feet in depth. On a lot that is not within one hundred feet of a lot with an established front yard, the front yard shall be not less than forty feet.

In a tract development, construction of which is substantially contemporaneous, the above rules shall not apply at the discretion of the builder providing he follow an approved plot plan of the tract development and providing the front yards of all lots be not less than forty feet.

3. There shall be two side yards each having a width of thirty feet.

4. There shall be a rear yard having a depth of not less than forty feet, which depth may be measured from the centerline of an existing sixteen-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 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 30 percent lot coverage is allowed.

6. No building shall exceed the height of two stories, not to exceed thirty feet, and no dwelling shall be erected to a height of less than one story. (Ord. No. G-3435, 1991; Ord. No. G-3465, 1991; Ord. No. G-3488, 1992; Ord. No. G-3498, 1992; Ord. No. G-3529, 1992; Ord. No. G-3553, 1992; Ord. No. G-3681, 1993; Ord. No. G-3850, 1995; Ord. No. G-4039, 1997; Ord. No. G-4109, 1998; Ord. No. G-4154, 1999; Ord. No. G-4230, 1999; Ord. No. G-4435, 2002; Ord. No. G-4447, 2002; Ord. No. G-5243, 2008; Ord. No. G-5329, 2009; Ord. No. G-5544, 2010; Ord. No. G-5583, 2011; Ord. No. G-5687, 2012; Ord. No. G-5983, 2015; Ord. No. G-6279, 2017; Ord. No. G-6331, 2017; Ord. No. G-6451, 2018)