Notwithstanding any specific regulations enumerated below for each district, the following general regulations, where applicable, shall apply.
1. Corner lots.
a. In no case shall any structure, fence, or wall over three feet in height be located on a corner lot so as to be in conflict with the provisions of Section 31-13 of the City Code (G-76), entitled "Obstructing visibility at intersections," and amendments thereto.
2. Any parcel of land having an area or average width less than that required by the use regulations below, for a lot in the district in which such parcel is situated, and which parcel was legally established at the time it came under the provisions of this chapter, shall be deemed to be a lot and may be used as a building site, provided, however, that all other regulations for the district shall be complied with.
(1) Open projections.
(b) An attached open porch, open carport, or open balcony may project into any side yard other than the side yard on the street side of a corner lot, if it does not come nearest to the side lot line than three feet.
(i) For any lot wherein a ten-foot or greater side yard is required, no such projection shall be within an area ten feet wide and ten feet high, measured from finished grade, lying within that side yard.
(ii) No more than one such clear area, as stipulated in i. above, need be maintained on a lot.
(c) An attached open porch, open carport, or open balcony may project into a rear yard, provided it does not come nearer to a common rear lot line than three feet. Where a rear alley exists this projection may extend to the rear lot line or to within eight or ten feet of what would be the centerline of a full sixteen- or twenty-foot-wide alley where only a one-half or partial alley exists.
(f) Sills, leaders, belt courses, and similar ornamental features may project not more than six inches over any required yard.
(2) Closed projections.
(a) A bay window, oriel, entrance, or vestibule, ten feet or less in width, may project not more than three feet into any front or rear yard.
(b) A chimney may project not more than three feet into any required yard, if it is not more than six feet long measured in a direction parallel to the nearest property line so long as it is not closer than two feet from a property line.
(d) The main building in a residence district may project five feet into the required rear yard for no more than one-half the maximum width of the structure. A greater projection than five feet is subject to obtaining a use permit in accordance with the provisions of Section 307.
(b) An attached awning, open porch or other similar shade structure may project not more than ten feet into the required rear yard provided that the structure shall neither cover more than two hundred square feet nor come closer than three feet to a side or rear property line.
c. The following provisions apply to single-family attached residential development:
(1) Open Projections.
5. If, after dividing the area of a lot by the zoning requirements for the district in which the lot is situated, there is a remainder which is less than that required for a unit but more than seventy-five percent of that amount, then one additional dwelling unit may be built on such a lot.
6. Where future width lines have been established, all required yards shall be measured from such future width lines.
7. In any district no automobile service station pump shall be located closer than twelve feet to a street property line or a future width line, whichever is applicable.
8. Every occupied recreational vehicle shall be located in a recreational vehicle park as provided in Section 647.A.2.h of this ordinance, except for accessory parking allowed at hospitals as provided in Section 622.D.82, 623.D.82, and 647.A.2.i herein; and every mobile home occupied for sleeping or living purposes shall be located in a mobile home development as set forth in Section 647.A.2.l of this ordinance, except as provided for watchmen’s purposes in Sections 627 and 628 herein, or as may be approved for living purposes by a property owner during the construction of a permanent home on the premises, subject to a use permit and the obtaining of a building permit, for a period not to exceed one year.
10. In any district where a lot is bounded on a side lot line by a partial alley, there shall be a side yard setback to provide for a full sixteen-foot-wide or a twenty-foot-wide alley, whichever is applicable, in accordance with Chapter 32 [32-39(a)(5)] of the City Code, the Subdivision Ordinance of the City of Phoenix, plus two feet.
11. A lot, as defined, shall be subject where applicable to the following special regulations:
a. Where two or more lots are used as a building site and where main buildings cross lot lines then the entire area shall be considered as one lot for the purposes of setbacks, density, and lot coverage, except that the front of the parcel shall be determined to be the front of the individual lots as platted, subdivided, or laid out.
B. Height provisions. The building height limitations of this ordinance shall not apply to church spires, signs, belfries, cupolas, domes, monuments, water towers, chimneys, flues, vents, flagpoles, radio and television towers, fire lookout towers or airway beacons; nor to any water tank, bulkhead, elevator, or stairway penthouse or similar structure used solely as an auxiliary space for equipment and machinery of the mechanical, electrical, or utility systems of the building and which do not occupy more than twenty-five percent of the roof area, except for the restrictions in Section 658.
C. Area provisions. In any district, any parcel of land shown as a lot on the plat of a subdivision, duly recorded in the office of the County Recorder and where the site boundary lines are not parallel, may have a frontage of less than the sixty feet otherwise required, provided that the width of such parcel measured along a line at right angles to the center axis thereof and at a distance from the front lot line equal to the required front yard measurement shall not be less than sixty feet.
D. Commercial and high-rise building setbacks.
Purposes. The purposes of this ordinance are: to assure adequate light, air, open space, visibility for pedestrian and vehicular traffic; to prevent traffic and civil disorders; to reduce dust and other air pollution; to preserve a healthful environment; and to maintain and enhance values for commercial property in the City.
a. The provisions of this section are applicable to all structures higher than four stories or forty-eight feet in height and to any use or structure except signs and sign structures located within the C-1, C-2, or C-3 districts and where specified in the Commerce Park, A-1, and A-2 districts. Any and all signs in these districts shall be regulated by the provisions of Section 705, Signs, of the Zoning Ordinance.
b. Compliance with this ordinance shall be certified by obtaining such site plan approval as may be required under Section 507.1 of the Zoning Ordinance of the City of Phoenix, or, otherwise shall be demonstrated at the time of application for a building permit by submission of such plans and statements as may be required herein to the Building and Housing Safety Department. All such plans shall be completed and all such statements shall be met prior to the issuance of a certificate of occupancy.
c. The provisions of this section shall not be applicable for the purpose of locating temporary construction facilities on the development site. Such construction facilities shall be removed within seven days after completion of initial development or prior to issuance of the certificate of occupancy, whichever first occurs.
2. Applicability to high-rise buildings. All structures higher than four stories high or forty-eight feet in height, except as may be otherwise regulated by Section 701.D.2.b and 701.D.4, shall conform to the following standards:
a. A front yard of not less than thirty-five feet in depth shall be provided.
(3) A structure of less than forty-eight feet or four stories in height may be constructed in the required front yard; provided however, that such a structure conforms to the requirements of Section 701.D.3.
(1) The inclusion in the development plan of any of the following amenities shall allow the setback requirement to be reduced by five feet per amenity, with a maximum allowable reduction of ten feet.
(a) Underground parking;
(2) The inclusion in the development plan of any of the following amenities shall allow the setback requirement to be reduced by two and one-half feet, per amenity, with a maximum allowable reduction earned of five feet.
(a) View preservation;
(c) Landscaped parking;
(e) Artistic enhancement.
(3) The inclusion in the development plan of any of the following amenities shall allow the setback requirement to be reduced by two feet, per amenity, with a maximum allowable reduction earned of four feet.
(c) Aboveground parking structure.
(4) The inclusion in the development plan of any of the following amenities shall allow the setback requirement to be reduced by one foot, per amenity, with a maximum allowable reduction earned of three feet.
c. Side yards shall be provided according to the following standards:
(3) A landscaped area of not less than five feet times the distance between the required front yard and the rear property line, measured in square feet, shall be provided within each side yard which abuts any street.
(5) A structure of less than forty-eight feet or four stories in height may be constructed in any required side yard; provided, however, that such structure conforms to the requirements of Section 701.D.3.
d. All structures higher than four stories or forty-eight feet in height shall have a rear yard of not less than fifteen feet in depth which depth may be measured from the centerline of any existing rear alley with a width of not less than sixteen feet or from that point on a partial alley, designed to have a width of not less than sixteen feet, which is intended to establish such centerline.
3. Applicability to commercial and industrial use districts. All structures located in the C-1, C-2, or C-3 districts and where specified in the Commerce Park, A-1, and A-2 districts, except as may be otherwise regulated by Section 701.D.3.b and Section 701.D.4.a, shall conform to the following standards:
a. A front yard of not less than twenty-five feet in depth shall be provided.
(1) Where any parking space is established between the front property line and the principal building or structure, landscaping is required as follows:
(a) A total landscaped area not less than eight feet times the lot frontage, measured in square feet, shall be provided between property lines abutting public right-of-way and the principal building or structure; and
b. On any lot where no parking spaces are established in the front yard, the front yard setback may be reduced to a minimum setback of not less than twelve feet by providing amenities on the site in accordance with the following guidelines:
(1) By utilizing only landscaping, increments of one foot reductions in the front yard setback may be realized by the inclusion of landscaping equal in area to one foot times the lot frontage, measured in square feet; or
(2) By combining landscaping and other amenities as established below:
(a) The inclusion in the development plan of any of the following amenities shall allow the setback requirement to be reduced by three feet, per amenity, with a maximum allowable reduction earned of six feet.
(ii) Underground parking;
(iv) Landscaped parking;
(v) Imaginative use of water and shade.
(b) The inclusion in the development plan of any of the following amenities shall allow the setback requirement to be reduced by one and one-half feet, per amenity, with a maximum allowable reduction earned of six feet.
(iii) Covered pedestrian walkways;
(iv) Aboveground parking;
(v) Artistic enhancement.
(c) The inclusion in the development plan of any of the following amenities shall allow the setback requirement to be reduced by one foot, per amenity, with a maximum allowable reduction earned of five feet.
(i) View preservation;
4. General requirements. All structures higher than four stories or forty-eight feet in height and all structures located in the C-1, C-2, or C-3 districts and where specified in the Commerce Park, A-1 and A-2 districts shall, as applicable, be subject to the following general provisions:
a. In that area bounded by Van Buren Street, Third Street, the alley south of Jefferson Street, and Third Avenue, there shall be no setback requirement imposed by this ordinance except that a landscaped area equal to five feet times the total street frontage, measured in square feet, is required located along at least one street line.
b. All structures or uses existing in the C-1, C-2, or C-3 districts prior to October 21, 1975, and all structures or uses existing in the Commerce Park, A-1, and A-2 districts prior to April 19, 1986, where specified in Sections 626, 627, and 628 of this ordinance, may be reconstructed, expanded or altered notwithstanding front, side or rear setback requirements imposed by this ordinance subject to the securing of a use permit.
(1) No use permit approval shall be required in the following exempt circumstances:
(a) Where alteration consists solely of modifications to the building interior; or
(b) Where exterior alteration is limited to thickening of exterior walls (not including projections) by not more than eight inches, or by the addition of a porch or other open projection not to exceed eight feet in depth; or
(2) No use permit approval shall be required upon a finding by the Zoning Administrator, or his duly authorized representative, that landscaping, beautification and/or setback plans submitted by the applicant in conjunction with the proposed reconstruction, expansion or alteration are in general compliance with guidelines established by the Planning and Development Department for the informational purposes of property owners making such exterior improvements and are in accord with the intent of this Section 701.D. The applicant submitting such plans shall be entitled to the following:
(a) Notification of plan approval or disapproval within five working days of submittal, failure of such notification to be construed as disapproval for purposes of exhausting administrative remedies; or
(b) Specific recommendations for amending the plan in such manner as would result in approval; and
c. In all C-1, C-2, or C-3 districts and where specified in the Commerce Park, A-1 and A-2 districts, any landscaping requirement exclusive of that landscaping which may be chosen as amenity bonus, shall not exceed seven percent of the total lot area, measured in square feet, for any lot of record (as of the effective date of this ordinance) which is less than sixty feet wide, ninety-four feet deep, or less than six thousand square feet in area.
e. Where landscaping is provided the following standards must be met:
(1) Landscaping shall include the installation and maintenance of, at a minimum, two of the following elements:
(b) Trees (fifteen-gallon or larger);
(d) Lawn or other living ground cover; or
(e) Ground cover such as rocks, boulders, or decomposed granite varieties.
(2) Plant materials must be selected from those species and varieties which can be maintained in a growing condition. All such landscaping shall be maintained by the owner or his designated agent.
(3) The substitution of artificial plants or artificial turf, or the waiver of the living plantings requirement, in those areas as necessitated by the particular conditions or the site in question, may be obtained after written justification therefor submitted along with the submission of the plans in accordance with Section 701.D.1.b herein.
(4) A water source shall be available within any area landscaped with live plantings, and shall be shown on the submitted plans.
E. Separation Requirements—Registration and Disability Accommodations.
Any person who uses, intends to establish, causes, permits, facilitates or aids and abets, any use under the provisions of this ordinance that is required to maintain a minimum separation from another use shall register with the Planning and Development Department a notice to establish such a use. The Planning and Development Department will only accept registration that complies with applicable separation requirements as of the date of registration. It is unlawful and is a violation of this code for any person who uses, establishes, causes, permits, facilitates or aids and abets any use under the provisions of this ordinance that is required to maintain a minimum separation from another use without registering with the Planning and Development Department. Upon the filing of such notice, until the expiration of the time period specified in Section 701.E.1, no other use under the provisions of this ordinance that is required to maintain the minimum separation from the registered use shall be registered or established closer to the registered use than the minimum distance prescribed by this ordinance unless a reasonable accommodation has been made. The fee for such registration shall be as set forth in Appendix A.1 of the City Code.
Editor’s note—The zoning fee schedule, formerly app. A.1 of the Code of Ordinances, is included herein as app. A.
1. Time period.
Expiration of the time period shall be as follows:
a. When a permit to establish the registered use is not required under the provisions of the Construction Code of the City of Phoenix, the time period shall expire sixty days from the date the notice of intention to establish the use is filed with the Planning and Development Department.
b. When a permit to establish the registered use is required under the provisions of the Construction Code of the City of Phoenix, the time period shall expire sixty days from the date the notice of intention to establish the use is filed with the Planning and Development Department, unless the required building permit is applied for during the sixty-day period. If a building permit is applied for during the sixty-day period, the time period shall expire upon the expiration of the building permit or in three hundred sixty-five days from the date of application for the building permit, whichever first occurs.
c. Registrations that have expired are nonrenewable. A new registration for the proposed use shall not be accepted within thirty days of the expiration date of the prior registration.
2. Establishment of registered use.
Establishment of a registered use shall be evidenced by and shall occur on the date a certificate of occupancy is issued for such use. Application for and issuance of a certificate of occupancy shall be according to the procedures established in the Construction Code. If, at the expiration of the time period specified in Section 701.E.1, the registered use has been established, no other use which under the provisions of this ordinance is required to maintain a minimum separation from the registered use may subsequently be established closer to the registered use than the minimum distance prescribed by this ordinance.
a. The applicant may provide evidence to the Planning and Development Department staff that a registered facility within the spacing requirements is no longer operating. The Planning and Development Department staff will verify the status of the facility within 30 days and update the registered use documents.
3. Request for a disability accommodation.
a. Administrative staff review. An applicant may request a disability accommodation from a separation requirement if the requirement prohibits a community residence home or center for a person with disabilities. For the purposes of determining conformance for community residence homes, only other community residence home locations shall be considered. All community residence homes or centers that are considered for determining conformance with this section shall be within residential zoning districts.
The Planning and Development Department Director’s designee may administratively approve such requests if there are no more than five community residence homes with six to ten residents or centers within a one-half-mile area (2,640-foot radius), measured in a straight line in any direction, of the lot lines of a proposed community residence home with six to ten residents or center, except that:
(1) A community residence home or center is not deemed within the one-half-mile area if separated from the proposed community residence home or center by a natural or manmade barrier including, but not limited to, any of the following:
(A) Arizona Canal,
Central Arizona Project Canal,
Roosevelt Irrigation District Canal, and
(B) Municipal open space that is at least ten acres in size (such as a park or golf course);
(C) Railroad; or
(2) No more than one community residence home or center may locate on the same block face; abutting to the rear or abutting catty-corner (including lots separated by an alley); or across a street from a block face with a proposed or existing community residence home or center.
b. Zoning Disability Accommodation Committee review. If the disability accommodation administrative staff review conditions are not met, the applicant may request futher review by the Zoning Disability Accommodation Committee. Additionally, an applicant may request a disability accommodation from any zoning requirement if the requirement prohibits a community residence home, center, or any other form of housing for individuals with disabilities.
The applicant shall submit to the Planning and Development Department a written request for accommodation and the reason why the accommodation is required. The written request shall contain sufficient facts to allow the Zoning Disability Accommodation Committee to make an individualized determination of the proposed community residence’s needs, to address the City’s safety and welfare concerns, and to assure compliance with this section.
(1) The requesting party or occupants of the housing for which the request is made are protected under the Fair Housing Act and/or the Americans with Disabilities Act by demonstrating that they or the residents of the proposed housing are individuals with disabilities, as defined in this Zoning Ordinance.
(2) The proposed disability accommodations being sought are reasonable and necessary to afford the subject individual(s) with disabilities an equal opportunity to use and enjoy the housing that is the subject of the request.
(3) A request for a disability accommodation to permit more than ten unrelated individuals to occupy a community residence home meets the standards for community residence home as defined in this Zoning Ordinance.
(B) The proposed community residence home emulates a biological family and operates as a functional family rather than as an institution, boarding house, nursing home, short-term vacation rental, continuing care facility, motel, hotel, treatment center, rehabilitation center, or a nonresidential use.
(4) The requested number of residents in the proposed community residence home will not interfere with the normalization and community integration of the occupants of any existing community residence home, and that the home will maintain a residential character.
The accommodation shall be made only to the extent necessary to comply with the Fair Housing Act. The Zoning Disability Accommodation Committee or Planning and Development Department Director’s determination constitutes a final administrative action.
4. The provisions of this section shall not apply to a mobile vendor use. (Ord. No. G-3498, 1992; Ord. No. G-3529, 1992; Ord. No. G-3531, 1992; Ord. No. G-4078, 1998; Ord. No. G-4109, 1998; Ord. No. G-4111, 1998; Ord. No. G-4298, 2000; Ord. No. G-4841, 2006; Ord. No. G-4867, 2007; Ord. No. G-4937, 2007; Ord. No. G-5499, 2010; Ord. No. G-5874, 2013; Ord. No. G-6279, 2017; Ord. No. G-6331, 2017; Ord. No. G-6451, 2018)