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Section 608. Residential Districts.
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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.

This section applies to the residential districts in Sections 609 through 619, in addition to Section 635 (Planned Area Development) when specified.

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 of Development Options. The development of any parcel of land shall be in accordance with the standards contained in any one development option as contained in Sections 609 through 619. Development of a single lot or a parcel not being further subdivided and located in the RE-35 and R1-18 zoning districts (Sections 609 and 610) shall be in accordance with the requirements for the standard subdivision development option (a), as contained in Sections 609 and 610. For a single lot or parcel not part of a subdivision platted prior to May 1, 1998, not being further subdivided, and located in the R1-10 through R-4A zoning districts (Sections 611 through 619), development shall be in accordance with the requirements of the conventional subdivision option as contained in Sections 611 through 619.

All subsequent development shall be in accordance with the initially selected development option unless a use permit is obtained. Building on any lot which was subdivided or developed prior to the adoption of this chapter shall be done in accordance with the standards under which the initial subdivision or development occurred.

For purposes of conversion to this ordinance, property subdivided prior to May 1, 1998, shall be considered as follows:

1. Residential development with a site plan approved in accordance with Section 507 shall be considered under the planned residential development option.

2. Residential development with an approved subdivision setback exhibit shall be considered under the average lot development option if located in the RE-35 through R-5 zoning districts (Sections 609 through 618).

3. Any other prior residential development shall be considered under the development option selected when the property was subdivided.

A use permit shall not be required for new development on previously subdivided property or property on which there is an approved site plan if the new development is in conformance with the provisions of this ordinance.

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

Single-Family Detached

pc1

pc1

pc1

pc1

pc1

pc1

pc1

pc1

pc1

pc1

pc1

pc1

(ac)

Accessory Dwelling Unit (ADU)

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

Duplex

np

np

pc4

pc4

pc4

pc4

pc4

pc4

pc4

pc4

pc4

pc4

Triplex

np

np

np

np

np

pc5

pc5

pc5

pc5

pc5

pc5

pc5

Single-Family Attached

pc6

pc6

pc6

pc6

pc6

pc6

pc6

pc6

pc6

pc6

pc6

pc6

Multifamily

np

np

pc7

pc7

pc7

pc7

pc7

pc7

pc7

pc7

pc7

pc7

(ac)

Residential Convenience Market

np

np

np

np

np

np

np

pc8

pc8

pc8

pc8

pc8

Off-Site Manufactured Home Developments

np

np

np

np

np

up35

up35

up35

up35

up35

up35

np

Boarding House

np

np

np

np

np

np

up9

up9

up9

up9

up9

up9

1-4 Adult Day Care Home

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

11+ Adult Day Care Center

np

np

np

np

np

np

up12

up12

up12

up12

up12

np

1-10 Community Residence Home

pc13

pc13

pc13

pc13

pc13

pc13

pc13

pc13

pc13

pc13

pc13

pc13

11+ Community Residence Center

np

np

np

np

np

np

up14

up14

up14

up14

up14

np

1-6 Dependent Care Facility

pc15

pc15

pc15

pc15

pc15

pc15

pc15

pc15

pc15

pc15

pc15

pc15

7-12 Dependent Care Facility

up16

up16

up16

up16

up16

up16

up16

up16

up16

up16

up16

up16

13+ Dependent Care Facility

np

np

np

np

np

np

up17

up17

up17

up17

up17

np

Group Home

np

np

np

np

np

np

up18

up18

up18

up18

up18

up18

Group Foster Home

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

Public Assembly—Residential

pc22

pc22

pc22

pc22

pc22

pc22

pc22

pc22

pc22

pc22

pc22

pc22

Environmental Remediation Facility

up23

up23

up23

up23

up23

up23

up23

up23

up23

up23

up23

up23

Community Garden

pc24

pc24

pc24

pc24

pc24

pc24

pc24

pc24

pc24

pc24

pc24

np

Farmer’s Market

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

Home Occupations

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. Each single-family detached lot is permitted one accessory dwelling unit in addition to the primary dwelling unit, except that lots having a duplex or triplex may not have an ADU.

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. Duplex.

a. Single-Family Lots. One duplex is permitted per lot when allowed by the underlying zoning district and development option. The lot must be of the minimum size required by the applicable density to permit two dwelling units.

b. Multi-Family Lots. Duplexes are permitted when allowed by the underlying zoning district and development option. The lot must be of the minimum size required by the applicable density to permit the number of dwelling units proposed.

5. Triplex.

a. Single-Family Lots. One triplex is permitted per lot when allowed by the underlying zoning district and development option. The lot must be of the minimum size required by the applicable density to permit three dwelling units.

b. Multi-Family Lots. Triplexes are permitted when allowed by the underlying zoning district and development option. The lot must be of the minimum size required by the applicable density to permit the number of dwelling units proposed.

6. Single-Family Attached Dwelling Unit. One single-family attached dwelling unit is permitted per single-family lot when allowed by the underlying zoning district and development option.

7. Multi-Family Dwelling Units. Multi-family dwelling units are permitted when allowed by the underlying zoning district and development option.

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.F.7.

F. Special 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 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 except for single-family attached development individual dwelling units.

a. For development utilizing an average lot or PRD development option or for development built under a planned area development district, a minimum of 16.58-foot half-street right-of-way may be provided when all of the following conditions are met:

(1) The street is not designated as a collector or arterial street.

(2) There are no restrictions to public access to the street.

(3) Pavement width shall be 33.16 feet from back of curb to back of curb.

(4) Pavement thickness and design shall be in accordance with Maricopa Association of Governments’ standards.

(5) All terminations shall contain a 40-foot-radius right-of-way.

(6) The street has been constructed prior to March 19, 1986.

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.

6. Single-Family Infill (SFI). Single-family infill development regulations may be applied in zoning districts where the SFI development option is offered, but only when the development falls within the infill development district identified in the general plan, or with use permit approval within the following areas located outside of the infill development district:

Figure 608.F.6. Single-Family Infill Development Areas

a. The SFI development option does not eliminate any redevelopment area, special planning district or overlays. Where conflicts occur between the requirements of the SFI development option 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.

b. Historic preservation designated properties or properties in historic preservation districts cannot use the SFI development option.

c. Dwelling Units. The SFI development option is intended primarily for single-family attached dwelling units; however, up to 20 percent of the units in a development may be single-family detached dwelling units to allow for variety and efficiency of design.

(1) Any provided detached dwelling units shall comply with the same development regulations applicable to that SFI development.

d. Design Requirements.

(1) Individual units fronting on street rights-of-way shall provide an entryway that is either elevated, depressed or includes a feature such as a low wall to accentuate the primary entrance.

(2) Required covered parking spaces shall not front on perimeter street rights-of-way.

(3) Individual unit rear yards shall not abut perimeter street row or an adjacent perimeter street landscape area.

(4) 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.

e. Perimeter Landscape Setbacks and Requirements.

(1) Residences that front on arterial, collector, or local street rights-of-way shall provide a minimum ten-foot-wide landscape tract or community-maintained landscaping abutting the street, except when within 2,000 feet of a light rail station.

(2) Residences that side on arterial, collector, or local street rights-of-way shall provide a minimum 15-foot-wide landscape tract or community-maintained landscaping abutting the street.

(3) Perimeter of the development not abutting rights-of-way and adjacent to a single-family residential district or historic preservation designated property must provide a minimum ten-foot landscape setback. Walls/fences up to six feet high within private rear yards may be provided within the perimeter setback so long as the required landscape is still provided.

(4) 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:

(a) Fifty percent of the required trees shall be minimum one-and-one-half-inch caliper at the time of installation.

(b) Twenty-five percent of the required trees shall be minimum two-inch caliper or multi-trunked trees at the time of installation.

(c) Twenty-five percent of the required trees shall be minimum three-inch caliper or multi-trunked trees at the time of installation.

(5) A minimum of five five-gallon shrubs per tree shall be provided.

f. Open Space Regulations. The only walls/fences allowed within required common area open space are required pool security fences and other necessary security fences, as approved by PDD.

g. Parking Requirements. Section 702 applies to SFI development, except where specifically modified by this section.

(1) Within the infill development district: one parking space per dwelling unit must be provided that is covered or located within a garage.

(2) Within the applicable SFI area that is not located within the infill development district: two parking spaces per dwelling unit must be provided that are covered or located within a garage.

(3) The required spaces for each dwelling unit must be located on the same lot as the unit for which they are provided.

(4) A minimum 0.25 additional unreserved guest parking space per dwelling unit must be provided within any SFI development.

h. Alley Access and Maneuvering.

(1) All maneuvering for on-site parking must be located on private property and not in public ROW.

(2) Access to the site from a fully dedicated and paved alley is permitted within the infill development district.

(3) Access to the site from a fully dedicated and paved alley is permitted within the SFI applicable area outside of the infill development district if all three conditions are met, as follows:

(a) The site is not across the alley from either a single-family or historic preservation zoning district;

(b) Alley access is specifically approved as part of the use permit hearing; and

(c) All necessary technical appeals have been approved.

i. Maximum 40-inch fence height allowed in the required setbacks along perimeter street rights-of-way.

j. Signage is subject to the regulations of Section 705, Table D-1, Single-Family Residential.

7. 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:

a. The provisions of Section 703.B do not apply to off-site manufactured home developments.

b. These regulations apply to development of a single lot or parcel, not to be further subdivided.

c. Placement for each off-site manufactured home shall be provided as follows:

(1) 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.

(2) There shall be at least 40 feet between off-site manufactured homes on opposite sides of a private accessway.

(3) No off-site manufactured home, annex or structural addition shall be closer than eight feet to any private accessway or private drive.

d. 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.

e. 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.

f. 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.

g. 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.

h. There shall be a network of pedestrian walkways connecting off-site manufactured home spaces with each other and with development facilities and amenities.

i. 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.

j. 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.

k. All utilities and the wires of any central television or radio antenna system shall be underground.

l. Not more than 15 percent of the spaces in any one off-site manufactured home development shall be developed or used for recreational vehicles.

m. Development of off-site manufactured home communities shall be under the planned residential development option applicable in the underlying zoning district.

n. Private drives may be used for access to each off-site manufactured home.

o. 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:

(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; nor

(4) Required setback areas at exterior boundaries of the site; nor

(5) 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.

G. Reserved.

H. Reserved.

I. Development Regulations. Following are definitions of terms used in the development standards tables for each district:

1. Minimum lot dimension: The minimum width and depth of lot lines and where specified, the minimum area of each lot.

2. Dwelling unit density: The total number of dwelling units on a site divided by the gross area of the site.

a. Density Bonus Points. Additional density may be granted by earning density bonus points by providing site enhancements from the table below, as follows:

(1) Single-family detached development in the R1-10 through R1-6 districts (Sections 611 through 613) may earn increased density of 0.1 du/ac for each ten density bonus points earned when also using the planned residential development option, up to the maximum density allowed by the district.

(2) Single-family detached development in the R-2 through R-4A districts (Sections 614 through 619) may earn increased density of 0.275 du/ac for each five density bonus points earned when also using the planned residential development option, up to the maximum density allowed by the district. However, at least half of the bonus points used to achieve densities in excess of 7.5 du/ac must be from the architectural design bonus point category.

Bonus Points

Enhancement Category

PERIMETER/BACKUP TREATMENT

10 pts.

1.

Increase common landscaped setback adjacent to perimeter street to 20' avg./15' minimum.

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).

STREETSCAPE

20 pts.

1.

Provide detached sidewalks separated from the curb by a minimum 5'-wide planting area. Planting area shall be planted with minimum 24"-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.

2.

Provide landscaping and irrigation for all front yards within the development which shall include a minimum of 1 24"-box tree, 5 5-gallon shrubs, and ground cover.

5 pts.

2a.

Receive an additional 5 bonus points for each additional tree (minimum 15-gallon).

10 pts.

3.

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.

4.

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.

5.

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

6.

Provide landscaped median islands.

5 pts.

7.

Provide a comprehensive street furniture package consisting of custom street signs, bus shelters and benches.

5 pts.

8.

Provide custom streetlight standards and/or fixtures.

ARCHITECTURAL DESIGN

25 pts.

1.

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.

2.

Provide house plans which demonstrate an enhanced level of architectural design as approved by the design advisor.

10 pts.

3.

Provide premium grade exterior materials and finishes as approved by the design advisor.

OPEN SPACE/RECREATION

2 pts.

1.

Provide additional common area, such that each additional 1% of common area earns 2 bonus points.

10 pts./feature

2.

Provide major private recreational amenities (e.g., tennis courts, pool, community meeting room).

5 pts./feature

3.

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).

b. Additional Common Area/Open Space. Additional density may be granted by providing additional common area above any minimum requirements as follows:

(1) Qualifying developments (listed below) may earn:

(a) A one percent density bonus for each four percent of basic common area; or

(b) A one percent density bonus for each two percent of improved common area.

(c) The Planning and Development Department shall determine the adequacy of both basic and improved common areas as part of the development review process. Open space shall not include:

(i) Public right-of-way.

(ii) Vehicular drives or parking areas.

(iii) Private patio areas, narrow strips between or in front of units; or, in general, areas reserved for the exclusive use of individual tenants.

(iv) Required setback areas at the exterior boundaries of the site.

(v) Golf courses.

(d) In no case shall the density of the development exceed the maximum density allowed by the district.

(2) Developments qualifying for the additional common area/open space density bonus are as follows:

(a) Single-family development in the RE-35 and R1-18 zoning districts (Sections 609 and 610), when also using the planned residential development option.

(b) Single-family attached development in the R1-10 through R-4A zoning districts (Sections 611 through 619), when using the planned residential development option.

(c) Single-family development in the R-2 through R-4A zoning districts (Sections 614 through 619), when using the single-family infill development option.

(d) Multi-family development in the R1-10 through R-4A zoning districts (Sections 611 through 619), when using the planned residential development option.

3. Perimeter standards: Setbacks for structures which are required at the perimeter of a development. These standards shall apply only to lots which are created by a subdivision or a project approved under the provisions of Section 507. These standards shall not apply in the following circumstances: when contiguous developments are to be developed using the same development option with the same perimeter standards and are on the same preliminary plat or are platted concurrently; when the perimeter of a development is contiguous to a permanent open space, such as a natural wash, hillside preserve, or existing golf course, the depth of which is at least forty feet; or when the development was properly platted prior to September 13, 1981.

4. Building setback: The required separation of buildings from lot lines.

5. Maximum height: The maximum allowed height as measured from natural grade which measurement shall be as in chapter 2.

6. Lot coverage: The maximum area of a lot occupied by structures and open projections as defined in chapter 2.

7. Common areas: Required areas in a planned residential development to be used and enjoyed by residents of a development and either improved in accordance with the standards in chapter 2 or maintained in a natural state as approved by the Planning and Development Department.

8. Allowed Development: The development options tables provided in Sections 609 through 619 indicate the only types of residential development permitted under each development option and associated development regulations. The complete list of all permitted uses, including accessory and temporary uses, is provided in Section 608.C.

9. Required review: Development review in accordance with Section 507 of this ordinance, and subdivision review in accordance with chapter 32 of the Phoenix City Code when new lots are created.

10. Required parking: The minimum number of off-street parking spaces to be provided and which shall be according to Section 702.A.

11. Street standards: The class of street required to provide access to any parcel or subdivided lot within a development.

ILLUSTRATIONS OF DEVELOPMENT OPTIONS

Illustrations of Development Options 1

J. Incentives for Affordable Housing. In order to overcome a demonstrated deficiency in the supply of housing for persons of low and moderate income, incentives are established to foster the provision of such housing.

1. Applicability. All development located within a zoning district subject to the provisions of Section 608 providing affordable housing as defined in Section 202.

2. Density Bonus.

a. 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.

b. 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.I.2.

3. Other Requirements. The total number of units within a project shall be as approved by the Department of Housing. (Ord. No. G-3429, 1991; 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-4053, 1997; Ord. No. G-4078, 1998; Ord. No. G-4109, 1998; Ord. No. G-4111, 1998; Ord. No. G-4154, 1999; Ord. No. G-4170, 1999; Ord. No. G-4188, 1999; Ord. No. G-4230, 1999; Ord. No. G-4238, 2000; Ord. No. G-4347, 2001; Ord. No. G-4435, 2002; Ord. No. G-4447, 2002; Ord. No. G-4679, 2005; Ord. No. G-5243, 2008; Ord. No. G-5329, 2009; Ord. No. G-5499, 2010; Ord. No. G-5544, 2010; Ord. No. G-5583, 2011; Ord. No. G-5687, 2012; Ord. No. G-5688, 2012; Ord. No. G-5874, 2013; Ord. No. G-5897, 2014; Ord. No. G-6279, 2017; Ord. No. G-6331, 2017; Ord. No. G-6451, 2018; Ord. No. G-6592, 2019; Ord. No. G-6971, 2022; Ord. No. G-7133, § 2, 2023; Ord. No. G-7160, § 8, 2023; Ord. No. G-7161, § 2, 2024)