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Section 649. Mixed Use Agricultural (MUA) District.
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A. Purpose and Intent. The Mixed Use Agricultural District is intended to help preserve the character of agricultural areas of Phoenix while allowing appropriate development, including compatible commercial uses, which will reflect and enhance that character. Although it is unrealistic as the City develops to expect all agricultural property to continue functioning with the purely agricultural uses permitted in other zoning districts, it is possible to maintain an agricultural/rural environment in designated areas; accomplishing this requires a mixture of uses and special development and design standards which are more restrictive in some ways and more flexible in other ways than the Traditional Suburban Ranch Districts. This district encourages new development which is consistent with the traditional design of a rural and agricultural area through special design and use standards; it supports maximum preservation of existing plant materials and the agricultural character of the district, while allowing additional commercial and office uses to increase the economic viability of the district within the evolving urbanizing character of Phoenix.

B. Applicability. The MUA District is a zoning district available for rezoning of property designated as mixed use agricultural on the General Plan for Phoenix Land Use Map.

C. Permitted Primary Uses. The following uses are permitted in accordance with the regulations and special standards established below:

1. Agricultural crops: raising, harvesting and indoor/outdoor retail sales.

2. Aviary.

3. Art supplies, retail sales.

4. Art gallery and studio.

5. Antique shop.

6. Bakery, retail sales.

7. Bank and trust companies.

8. Barber and beauty shops.

9. Bicycle shop, new and used, retail sales and repairs.

10. Book and magazine, retail sales.

11. Butcher shop (no slaughtering).

12. Camera shop, retail sales and repair.

13. Candy shop, retail sales.

14. Cigar store.

15. Coin and stamp dealers.

16. Clothing, retail sales.

17. Equestrian stable, commercial including boarding and instruction, subject to the following conditions:

a. Minimum lot size of ten acres; and

b. Minimum perimeter set back of one hundred feet for all animal sheltering buildings.

18. Farmer’s market.

19. Farms, including dairies, devoted (as applicable) to hatching, raising, breeding, and marketing of fowls, horses, dogs, sheep, goats, cows, llamas, rabbits, fur-bearing animals and fish subject to the following conditions:

a. This use shall not include commercial feeder lots.

b. Areas devoted to the raising of fowl shall be located at least one hundred feet from any property line which is contiguous with a residentially zoned lot or parcel.

c. The total site area shall not exceed 10 acres.

20. Feed, retail sales.

21. Fine art, instruction.

22. Fish, retail sales.

23. Florist, retail sales and wholesale.

24. Grocery, retail sales.

25. Furniture, retail sales.

26. Craft studio, retail sales and handcrafting of; textiles, pottery, glass blowing, jewelry, wood, leather and photography.

27. Health club.

28. Hobby and craft products, retail sales.

29. Home furnishing, retail sales.

30. Household appliance, retail sales and repair.

31. Ice cream shop.

32. Jeweler, retail sales and repair.

33. Music instruction, musical instrument repair and retail sales.

34. Office, administrative or professional.

35. Pet store, retail sales.

36. Pharmacy.

37. Photographic developing and printing.

38. Photographic equipment and supplies, retail sales.

39. Picture framing.

40. Places of worship.

41. Plant nursery, wholesale or retail sales, provided that:

a. Any bulk or hardscape materials shall be stored in contained areas or bins and not be visible from the public right-of-way.

b. Boxing of plants and other similar processing shall not be visible from the public right-of-way.

c. Sales may include garden-related items including, fertilizers, pest and weed control items, gardening implements, and garden furniture.

42. Residential.

43. Community residence home; provided, that:

a. The home has no more than five residents, not including staff (unless permitted by Section 36-582(A), Arizona Revised Statutes); or

b. For a home with six to ten residents, not including staff, the following conditions shall apply:

(1) Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee as to compliance with the standards of this section as provided in Section 701.

(2) No community residence home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another community residence home that has been registered with six to ten residents.

(3) Disability accommodation from the spacing requirement may be requested by an applicant per Section 701.E.3.

44. Restaurant, provided that:

a. Music and entertainment is limited to recorded music or one entertainer

b. Entrances to the restaurant shall be from the side of the restaurant which does not face a contiguous residentially zoned property, including undeveloped or residentially developed R-5 parcels, on the same block, and side of the street as the restaurant. For the purpose of applying this provision, property separated by a right-of-way of twenty (20) feet or less in width shall be considered contiguous.

45. Saddlery and tack shops, custom crafting and retail sales.

46. School, public, parochial and institutions of higher education.

47. School, commercial.

48. Veterinary office and hospital.

49. Veterinary supplies, wholesale and retail sales.

50. Vineyard, production and retail sales.

51. Window treatment and upholstery; custom fabrication and retail sales.

D. Use Permit Uses. Land in the MUA District may be used for the following purposes, subject to obtaining a use permit in accordance with the standards and procedures of Section 307.

1. Adult day care home for the care of five to ten adult persons; provided, that:

a. Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.

b. One parking space shall be provided for each employee who does not reside at the facility.

2. Animal boarding.

3. Bed and breakfast provided that:

a. The establishment must be owner-occupied as a principal residence;

b. Not more than eight guestrooms with sleeping accommodations for sixteen guests may be provided;

c. Separate cooking facilities for guestrooms are prohibited;

d. Guest stays shall be a minimum of one night and shall not exceed thirty-one consecutive nights in any ninety-day period. The owner of the bed and breakfast establishment shall maintain a reservation book or registration log. The book or log shall show the arrival and departure dates of all guests and shall be open to inspection by a Zoning Enforcement Officer.

e. One off-street parking space shall be provided for each guestroom in addition to the parking required for the principal residence.

4. Dependent care facility, as an accessory use, for seven to twelve dependents, subject to the following conditions:

a. Resident dependents under the age of twelve years shall not be counted when they are present on the premises.

b. Outdoor play areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence or solid wall.

c. Hours of operation shall only be between 6:00 a.m. and 10:00 p.m. These hours may be restricted as part of the use permit approval.

d. Nonresident employees may be permitted with the use permit if necessary to meet State requirements.

e. One parking space shall be provided for each employee who does not reside at the facility.

f. If a swimming pool is on the site, it shall be screened in accordance with Section 1109 of the Building Construction Code.

g. Smoke detectors shall be installed in the house in accordance with Section 1210(A) of the Building Construction Code.

h. No signage shall be permitted.

i. The facility shall be subject to Arizona licensing requirements.

5. Environmental remediation facility, subject to the following conditions:

a. The aboveground area of land occupied by the environmental remediation facility shall not exceed the minimum number of square feet necessary to implement the remedial or corrective action.

b. All structures and devices constructed above ground level shall be shielded from the view of persons outside the property boundary by an opaque fence or solid landscape screen, as approved by the Planning and Development Department.

c. Outdoor equipment installed as part of the final environmental remediation facility shall not exceed a height of ten feet and shall be set back from the screen wall or landscape material a minimum of three feet for every one foot of height over six feet.

d. After installation, no equipment or materials beyond that necessary to operate the facility shall be stored on the lot.

e. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. The facility shall not emit noise, odor or vibration at any time so that it exceeds the general level of noise, odor or vibration uses emit outside the site. Such comparison shall be made at the boundary of the lot on which the treatment facility is located.

f. The facility shall comply with all applicable provisions of the Fire Code.

g. A permit issued under Section 307 shall include reasonable restrictions on the operation of the facility to mitigate any adverse impacts on nearby land, including but not limited to restrictions on vehicular traffic and hours of operation of the facility.

h. This section allows authorization of activities to undertake all on-site investigative, construction, and maintenance activities ancillary to the operation of the facility. All off-site discharges of any substance shall be separately authorized pursuant to applicable laws.

i. The structures used for the facility shall not exceed a total area of five thousand square feet.

j. Neither the Zoning Administrator nor the Board of Adjustment shall have the jurisdiction to vary these provisions.

6. Game court, lighted, as an accessory use.

7. Group foster home.

8. Massage therapy, performed by a licensed massage therapist, as an accessory use.

9. Processing of off site grown agricultural products, including, pressing cider, oil, or wine.

10. Outdoor public assembly uses/special events, including seasonal festivals.

11. Restaurant with:

a. Sales of alcoholic beverages permitted upon approval by the Zoning Administrator or the Board of Adjustment of a specific floor plan for the restaurant facility.

b. Live music or entertainment of more than one entertainer

c. Patron dancing

d. Outdoor dining, outdoor recreation uses, and associated lighting

e. Drive-through facility as an accessory use, access to the site is to be from an arterial or collector street as defined on the street classification map

12. Reserved.

E. Permitted Accessory Uses. Land in the MUA District may be used as permitted accessory uses and structures, incidental to and on the same zoning lot as the primary use, for the following uses:

1. Adult day care home for the care of one to four adult persons; provided, that:

a. Outdoor recreation areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall.

2. Amateur communication tower.

3. Dependent care facility for six dependents, subject to the following conditions:

a. Resident dependents under the age of twelve years shall not be counted when they are present on the premises.

b. Outdoor play areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence or solid wall.

c. There shall be no employees who do not reside at the site unless required by the Arizona Department of Health Services.

d. If a swimming pool is on the site, it shall be screened in accordance with the Building Construction Code.

e. Smoke detectors shall be installed in the house in accordance with the Building Construction Code.

4. Accessory dwelling unit per the provisions of Section 706.A.

5. Instruction/classes pertaining to the primary use of the site, including, culinary classes at a restaurant or horticulture classes at a plant nursery.

6. Reserved.

F. Special Permit Uses. Land in the MUA District may be used for the following purposes, subject to obtaining a special permit in accordance with the standards and procedures of Section 504.1

1. Environmental remediation facility which cannot satisfy the standards of section 649.D., above.

2. Farms and dairies on sites larger than ten acres.

G. Commercial Uses on a site shall be limited to a maximum of 15,000 (fifteen thousand) gross square feet per each establishment.

H. Height, Building Setbacks, Density and Area Requirements. All property in the MUA District shall be developed in accordance with the following standards.

1. For any non-residential uses permitted in the district, the following requirements shall apply:

a. A maximum building height of one story (1) not to exceed twenty (20) feet shall be permitted.

b. Request to exceed the above height limit may be granted by the City Council for development up to two (2) stories not to exceed thirty (30) feet upon recommendation by the Planning Commission or the Zoning Hearing Officer finding that such additional height is not detrimental to adjacent property or the public welfare in general.

2. Except as provided in Section 649.H.1., the following development standards shall apply:

DEVELOPMENT STANDARDS

MAXIMUM BUILDING OR STRUCTURE HEIGHT

Residential

Thirty (30) feet

Non-residential

Twenty (20) feet

BUILDING SETBACKS (EXCLUDING CANAL RIGHT-OF-WAY SETBACKS)

Baseline Road

Maximum fifteen (15) foot high building

Fifty (50) feet

Maximum thirty (30) foot high building

Sixty (60) feet

Front Yard

arterial/collector streets

Forty (40) feet

Local streets

Thirty (30) feet

Side Yard

Interior

Fifteen (15) feet

Street

Twenty (20) feet

Rear Yard

Rear yard

Twenty (20) feet

LOT COVERAGE

Maximum lot coverage

35%

Shade structures accessory to agricultural or plant nursery uses which are fabric or plastic film covered and which do not exceed twelve feet in height shall not be included in lot coverage calculations.

DENSITY

Maximum density

2 units per acre

3. Landscape setbacks (excluding canal right-of-way setbacks).

STREETSCAPE

Landscaped setback

Average 35' along arterial/collector streets, minimum 30' permitted for up to 50% of the frontage. Average 25' along local streets, minimum 20' for up to 50% of the frontage.

PLANT TYPE

MINIMUM PLANTING SIZE

Trees

Min. 2-inch caliper (50% of required trees)

Min. 3-inch caliper or multi-trunk tree (25% of required trees)

Min. 4-inch caliper or multi-trunk tree (25% of required trees)

Shrubs

Min. five (5) 5-gallon shrubs per tree

PARKING LOT AREA

Interior surface area (exclusive of perimeter landscaping and all required setbacks)

Min. 10%

Landscaped planters

At ends of each row of parking & approximately every 110'

Landscaped planters, single row of parking

Min. 120 sq. ft.

Landscaped planters, double row of parking

Min. 240 sq. ft.

Additional parking lot landscaping

As needed to meet 10% minimum requirement, evenly distributed throughout the entire parking lot.

Min. interior dimension 5' (length and width).

PLANT TYPE

MINIMUM PLANTING SIZE

Trees

Min. 2-inch caliper (60% of required trees)

Min. 1-inch caliper (40% of required trees)

Shrubs

Min. five (5) 5-gallon shrubs per tree

PERIMETER PROPERTY LINES (NOT ADJACENT TO A STREET)

Property lines not adjacent to a street

Min. 10-foot landscaped setback

PLANT TYPE

MINIMUM PLANTING SIZE

Trees*

Min. 2-inch caliper (60% of required trees)

Min. 1-inch caliper (40% of required trees)

Shrubs

Min. five (5) 5-gallon shrubs per tree

ADJACENT TO A BUILDING

Building facades within 100' of the public right-of-way or adjacent to public entries to the building (excluding alleys)

Min. 25% of the exterior wall length shall be treated with either a landscaped planter a min. five (5) feet in width or an arcade or equivalent feature.

PLANT TYPE

MINIMUM PLANTING SIZE

Trees

Min. 2-inch caliper (60% of required trees)

Min. 1-inch caliper (40% of required trees)

Shrubs

Min. five (5) 5-gallon shrubs per tree

I. Signs. The following standards are intended to permit only signs which are attractive, low in profile, and consistent with the agricultural and rural character of the MUA District. Signs for nonresidential development in the MUA District shall be governed by the regulations of Section 705 applicable to nonresidential uses of residential property except as modified below. Signs for residential development in the MUA District shall be governed by the regulations of Section 705 applicable to residential uses of residential property except as modified below. Sign which are not visible beyond the boundaries or the lot or parcel upon which they are situated shall not be regulated as signs.

1. Prohibited signs.

a. Outdoor advertising/off-premises signs.

b. Backlit awnings with or without sign copy.

c. Balloons and banners adjacent to multiple-use trails.

d. Roof-mounted signs.

e. Multiple tenant identification ground signs identifying more than one tenant.

f. Signs which move, rotate, flash, automatically or manually change copy, or simulate movement.

2. Permitted signs for nonresidential development.

a. Ground-mounted monument signs identifying a commercial/agricultural center: not to exceed six feet in height, sixteen square feet in sign area, and thirty-two square feet in total area for the monument structure.

b. Signs painted on the building surface or letters mounted directly to the building surface:

(1) Maximum of one square foot of signage for each lineal foot of building elevation to a maximum of one hundred square feet.

(2) Minimum of twenty square feet.

(3) Placed no closer to the roofline than one-half the vertical dimension of the sign.

(4) Placed only on the building wall of the suite or building space used by the tenant which the sign identifies.

Acceptable and Not Acceptable Signage

c. Window signs shall not exceed ten percent of each window area located on the ground floor of a building. For computation of area, window panels separated by muntins or mullions shall be considered as one continuous windowpane. Window signs shall be assessed as wall signs. Window signs shall not be located on glass doors, as regulated in Section 705.B.3.i.

J. Design Guidelines and Standards. The design guidelines and standards contained in this section reflect the desired goals and policies for development in the MUA District. The intent of the guidelines and standards is to encourage new development in the district which is consistent with the traditional design of a rural and agricultural area. The open, heavily landscaped character of agricultural properties should be reflected in new projects which build on past successes and ensure the future viability of the district. The City’s general design review guidelines of Section 507 Tab A of the Zoning Ordinance shall apply to development in the MUA District to the extent they do not conflict with the following standards. All development in the MUA District is subject to site plan review to ensure maximum preservation of existing plant materials and the agricultural character of the district.

The guidelines and standards consist of requirements (R), presumptions (P), and considerations (C) as set forth in Section 507.

1. Fences and walls.

a. Solid fences and walls should be prohibited on the perimeter of a lot or development except for screening of parking or mechanical equipment. (P)

Rationale: Solid fences and walls obstruct views of properties and detract from a rural/agricultural character. Although solid screening of particular uses which are interior to a site may be appropriate, such as around a dependent care play area or an environmental remediation facility’s equipment, a solid perimeter wall is not acceptable.

Not Acceptable Fence or Wall

b. Open fences in the required front yard shall be up to six feet in height. (R)

Rationale: In rural areas, higher front fences can be necessary for various forms of livestock, including horses, emus and llamas.

c. Fence and wall materials in the required front yard and on the street or canal side perimeter of a lot or development shall be limited to wrought iron, split rail, corral fencing, or a combination of three feet of solid masonry topped by open wrought iron or a similar material, or a combination of the aforementioned fence types and open farm fencing. Chainlink, barbed wire, concertina wire, razor wire, and other similar materials are prohibited in the required front yard and on the street or canal side perimeter of a lot or development. (R)

Rationale: Open fencing in the MUA District should be both functional and attractive.

2. Building orientation and massing.

a. Commercial and office buildings should incorporate architectural elements that emphasize horizontal plains, such as overhangs, projections, alcoves, varied roof-plains, and building offsets that are designed to minimize mass and volume of the structure. (P)

Rationale: Incorporating such building design elements reduces the impact of expansive building facades and massing for pedestrian and semicircular traffic.

b. Covered walkways should be provided along the street facing facade for all commercial and office buildings. (P)

Rationale: Covered walkways will increase the usability of building throughout the year, and will promote pedestrian activities.

c. Changes in facade, such as, material, window design, facade height or decorative details should be expressed so that the composition appears to be a collection of smaller buildings. (P)

Rationale: Varied building facades promote a traditional and rural building design that minimizes the visual impact of the building.

d. The amount of cut and fill should be the minimum amount necessary to accommodate site infrastructure. (P)

Rationale: Building layouts that follow and blend into the natural landscape are compatible with traditional agrarian design.

e. Buildings should be oriented towards the street by placing the primary entrance on the street frontage. (P)

Rationale: Building orientation towards street will reinforce community orientation in the MUA District.

3. Parking and maneuvering areas.

a. No parking or maneuvering areas, other than required driveways, shall be permitted in the perimeter setbacks of a lot or development. (R)

Rationale: Parking areas are intrusive and have a more urban character than is appropriate in this district. At a minimum, parking and maneuvering areas must be placed outside of the site’s perimeter setbacks. An exception is needed for driveways to bring vehicles onto the site.

b. Parking areas should be placed behind or along the nonstreet side of a building. (P)

Rationale: A building can provide an effective screen for a parking area and help prevent the parking area from dominating the appearance of the site.

Parking and Maneuvering Areas

c. The surface of parking stalls should be composed of an alternative to asphalt or concrete, as approved by the Zoning Administrator. (P)

Rationale: Although it is critical that parking and maneuvering areas be dustproofed due to problems with air pollution from particulates, rural and agricultural developments have traditionally used a form of decomposed granite rather than asphalt. With current dustproofing technology, an acceptable level of protection is possible with an alternative surface material. These alternatives are consistent with the desired character for the MUA District.

d. A maximum of one row of parking should be permitted between the building and right-of-way for commercial, office or mixed use buildings, except when the parking is located along an arterial street. (P)

Rationale: A single row of parking facing the street reinforces the rural/agrarian character of the development.

e. No single surface parking area should exceed 50 spaces unless divided into two or more sub-areas by a building, roadway or landscaping equal to 25% of the width of the parking area. (P)

Rationale: Expansive parking lots should be avoided to preserve a rural agriculture identity.

4. Lighting.

a. On site lighting should be accomplished with low level, uniform lighting fixtures dispersed throughout the site with a lumen rating of 3,000 or less. (P)

Rationale: Uniform lighting avoids abrupt changes from lit to dark areas, providing an even low intensity lighting pattern.

5. Building materials.

a. The following building materials should be incorporated into commercial buildings: (P)

(1) Board and batten;

(2) Clapboard siding;

(3) Wood/heavy timbers;

(4) Adobe;

(5) Stone or stone veneer;

(6) Stucco, not to exceed 70% of the exterior wall surface area.

Rationale: These types of building materials ensure the agrarian character of the MUA District.

6. Roofs.

a. Barrel tile roofs shall be prohibited. (P)

b. Pitched roof elements should be encouraged for commercial buildings. (P)

c. If flat roofs are proposed for commercial buildings a false front parapet should be included. (P)

d. Overhanging wooden eaves and exposed rafters should be encouraged. (P)

Rationale: Barrel tile roofs are not consistent with the desired character of the MUA Zoning District. Pitched or flat roofs with false front parapets and exposed rafters are more reminiscent of a rural or farm building style.

7. Signs.

a. Neon tubed exterior accent light, external neon tubed signs and internally illuminated signs are not permitted. (R)

Rationale: Such lighting is symbolic of an urban setting and is not compatible with the rural character of the MUA District.

b. Ground, shingle or wall mounted signs made of wood, or similar appearing material should be encouraged. (P)

Rationale: Signs mounted to the building reinforce the agrarian character of the MUA District.

8. Windows.

a. All windows in commercial buildings shall be either divided lite or double hung. (R)

Rationale: Divide lite or double hung windows prevent the introduction of large single pane windows that will create a building facade out of character with the MUA District.

b. Ground floor building elevations which face the public right-of-way or pedestrian plazas shall provide a minimum of 40% and maximum of 70% by means of windows and doors between three (3) feet and seven (7) feet above the finished floor elevation. (R)

Rationale: Window and door openings create an interactive and appealing pedestrian and right-of-way building facade.

c. All windows must achieving a visible transmittance rating (VTR) of 0.85 or higher. (R)

Rationale: Transparency along the street encourages pedestrian activities and enhances security.

9. Open space.

a. A minimum of twenty-five percent of the net site area of a commercial, office or mixed use development, not including landscaping setbacks, shall be set aside as open space accessible to the public. For sites less than two acres a minimum of ten percent shall be set aside. (R)

Rationale: Open space will enhance the agricultural character of the development supporting the MUA District.

b. Open space accessible to the public should be centrally located. (P)

Rationale: In addition to providing an open character for the surrounding area, it is equally important for the development’s occupants to be able visually and physically to enjoy the open space.

c. Required open space accessible to the public may be used for storm water retention. (C)

Rationale: The open space can serve as a retention area.

d. Required open space accessible to the public may be active (pasture/riding ring, food or flower garden, citrus grove) or passive (landscaped area). (C)

Rationale: The open space should respect the traditional agricultural uses.

10. Landscape standards.

a. Plant materials in required landscape areas shall be limited to those listed on the Mixed Use Agricultural plant list, a copy of which is available at the Phoenix Planning and Development Department, or their equivalent as approved by the Zoning Administrator. (R)

Rationale: A key method to preserve and foster the agricultural character of this district is landscaping with plant materials which have historic significance for ornamental or crop use in agricultural areas of Phoenix or provide the visual equivalent to those plants. The mixed use agricultural plant list combines plants (trees, shrubs, ground covers, accent plants, and vines) which Phoenicians have historically used in farming areas and drought tolerant plants which have the potential for crop use or have a lush appearance which complements the color, texture, and density of the traditional plants. The landscape palette enhances the district’s character through its contrast to the plant materials which are used in and appropriate for Sonoran desert areas without an agricultural heritage.

b. Any plants listed in the invasive species list in Appendix B of the Sonoran Preserve Edge Treatment Guidelines, Section 507 TAB A3.7 shall be prohibited in the MUA District. (R)

Rationale: Invasive species shall be prohibited to protect the plant materials in the vicinity and to preserve the environment.

c. Where prominent existing plant materials are native species then the landscaping should be limited to the Sonoran Plant List. (P)

Rationale: Native Sonoran Desert landscaping should be encouraged where appropriate to promote uniform landscaping themes in areas with native vegetation.

d. A minimum of five percent of the landscaped area should be planted in flowers. (P)

Rationale: Flowers will contribute to the beauty of the project. (Ord. No. G-4189, 1999; Ord. No. G-4435, 2002; Ord. No. G-4447, 2002; Ord. No. G-5217, 2008; Ord. No. G-5329, 2009; Ord. No. G-6331, 2017; Ord. No. G-6451, 2018; Ord. No. G-7160, § 21, 2023)