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Section 622. Commercial C-1 District—Neighborhood Retail.
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A. Purpose. The C-l, 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. Reserved.

C. 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 building 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 (5) 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.

D. Permitted Uses. All uses permitted in R1-6 if zoned commercial prior to January 5, 1994, non-single-family residential, and single-family attached uses permitted in R-3, R-4, R-5 and R-4A; and in addition the following:

1. Adjusters, Insurance

2. Adult Day Care Home and Center.

3. Antique Shop

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. Boarding House, subject to a use permit

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. Community Residence Center, subject to a use permit

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. Group Home, subject to a use permit

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. Nursing Home, subject to a use permit

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

128. Parking Lots, Customer (Section 702)

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 multiple family residential use shall conform to the yard, height, area and density requirements set forth in Section 615 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. Any residential use within the downtown redevelopment area, as defined in City Council Resolution No. 15143, shall conform to the yard, height, area, and density requirements set forth in Section 618.

2. Any single-family residential use shall conform to the following requirements:

a. Such development shall be permitted only if the property is designated as residential on the General Plan Map. If this standard is satisfied, the remainder of this section shall apply.

b. The applicant shall submit in writing to the Zoning Administrator a declaration of the development option (standard subdivision, average lot subdivision, conventional, or planned residential development) and density proposed for the residential use.

c. The Zoning Administrator shall determine the residential zoning district to which the proposed single-family development is equivalent, the use shall satisfy the development standards contained in Sections 609 through 613 for the development option and density of the equivalent zoning district.

d. Upon completion of development of a single-family residential use in accordance with this section, the Planning Commission shall initiate an application for rezoning the site to the residential zoning district appropriate for the site.

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.

a. A front yard is required as provided in Section 701.D.3.

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. (Ord. No. G-3378, 1990; Ord. No. G-3447, 1991; Ord. No. G-3465, 1991; Ord. No. G-3483, 1991; Ord. No. G-3498, 1992; Ord. No. G-3504, 1992; Ord. No. G-3503, 1992; Ord. No. G-3621, 1993; Ord. No. G-3681, 1993; Ord. No. G-3720, 1994; Ord. No. G-3787, 1994; Ord. No. G-3800, 1994; Ord. No. G-3937, 1996; Ord. No. G-3933, 1996; Ord. No. G-4005, 1997; Ord. No. G-4039, 1997; Ord. No. G-4040, 1997; Ord. No. G-4041, 1997; Ord. No. G-4109, 1998; Ord. No. G-4154, 1999; Ord. No. G-4498, 2003; Ord. No. G-4515, 2003; Ord. No. G-4532, 2003; Ord. No. G-4761, 2005; Ord. No. G-4817, 2006; Ord. No. G-4815, 2006; Ord. No. G-4937, 2007; Ord. No. G-5268, 2008; Ord. No. G-5329, 2009; Ord. No. G-5380, 2009; Ord. No. G-5448, 2009; Ord. No. G-5561, 2010; Ord. No. G-5632, 2011; Ord. No. G-5633, 2011; Ord. No. G-5688, 2012; Ord. No. G-5742, 2012; Ord. No. G-5746, 2012; Ord. No. G-5743, 2012; Ord. No. G-5766, 2012; Ord. No. G-5847, 2013; Ord. No. G-5874, 2013; Ord. No. G-5951, 2014; Ord. No. G-5959, 2014; Ord. No. G-6177, 2016; Ord. No. G-6279, 2017; Ord. No. G-6331, 2017; Ord. No. G-6451, 2018)