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ordinances and resolutions

 

ITEM 32

CITYWIDE

ORDINANCE G-5478 - AMEND CITY CODE - CHAPTER 4, ARTICLE II - HELICOPTER LANDING AREAS AT THE PHOENIX AIRPORT SYSTEM

 

Request to amend the Phoenix City Code, Chapter 4, Article II, to add a new section, Section 4-40, Helicopter Landing Areas. This new code section will require a person landing a helicopter at one of the Phoenix airports to land only in designated helicopter landing areas. If no designated helicopter landing areas are available, a person may land the helicopter only with the express permission of the Aviation Director, and only in an alternate location identified by the Aviation Director.

 

Designated helicopter landing areas are marked on the Airports in accordance with Federal Aviation Administration Airport Advisory Circulars.

 

Employment Impact

There is no employment impact in amending the Phoenix City Code.

 

This item is recommended by Mr. Krietor and the Aviation Department.

 

ITEM 33

CITYWIDE

ORDINANCE G-5479 - AMEND CITY CODE - RULES OF COUNCIL PROCEEDINGS

 

Request to amend Section 2-60 of the City Code, Rules of Council Proceedings, to update this section with current procedures and to include clarifying language. The following text includes the current Rules language with proposed revisions:

 

In accordance with the provisions of Chapter IV, Section 7 of the Charter of the City of Phoenix, the following rules of Council proceedings are hereby established:

 

Rule 1: Applicability.
	The proceedings of the Council of the City of Phoenix shall be governed by these Rules, resorting to the latest standard edition of Robert's Rules of Order, if necessary.

 

 

Rule 2: Meetings
	(a)	The Council shall meet regularly ACCORDING TO THE ADOPTED MEETING CALENDAR as follows:
		(1)	Policy sessions to receive information and determine policy OR WORK STUDY TO RECEIVE INFORMATION AND DISCUSS POLICY at 2:00 p.m. each Tuesday ON TUESDAYS.
		(2)	Formal meetings to consider and act on general business at 3:00 p.m. each Wednesday ON WEDNESDAYS.
		(3)	Zoning meetings to consider and act on zoning matters at 5:00 p.m. on Wednesdays, according to the adopted zoning calendar.
	(b)		Special meetings may be called by the Mayor or three Council members.
	(c)		Meeting times, dates, and locations may be changed, or meetings may be canceled by the Mayor or the Council.
Rule 3: Order of business for formal meetings.
	THE CITY CLERK SHALL PREPARE AND PUBLISH AN AGENDA FOR EACH FORMAL MEETING IN THE FOLLOWING ORDER:
		(a)	Roll call of members;
		(b)	Approval of minutes of the preceding meeting;
		(c)	APPOINTMENT OF AND Aadministering oaths to Board and Commission members;
		(d)	Consideration of bids;
		(e)	Liquor license, BINGO, AND OFF-TRACK BETTING LICENSE applications;
		(f)	Petitions, communications, and Public hearings; AND RATIFICATION OF PLANNING/ZONING CASES
		(g)	Consideration of old business;
		(h)	Formal recorded actions;
		(i H)	Reading and Passage of ordinances and resolutions;
		(j L)	Consideration of FORMAL RECORDED ACTIONS AND OTHER new business;
		(k J)	Reports from the City Manager, committees or cCity officials
Rule 4: Policy AND WORK STUDY sessions.
	(a)	The policy agenda shall be set by the Mayor, provided that an item also shall be placed on the policy agenda upon the written request of four Council members.
	(b)	The policy agenda shall include time for Council members to request information from City staff.
	(c)	The policy agenda shall include a consent agenda set by the Mayor, which shall be adopted, rejected, or continued without discussion.
	(d)	Items, except those relating to the removal of board or commission members, shall be removed from the consent agenda upon the request of any Council member prior to 5:00 p.m. of the day preceding the policy session.
	THE POLICY AND WORK STUDY SESSIONS SHALL BE CONDUCTED AS FOLLOWS:
	(a)	THE AGENDA SHALL BE SET BY THE MAYOR, PROVIDED THAT AN ITEM MAY BE PLACED ON THE AGENDA UPON THE WRITTEN REQUEST OF FOUR COUNCIL MEMBERS.
	(b)	THE AGENDA SHALL INCLUDE TIME FOR COUNCIL MEMBERS TO REQUEST INFORMATION FROM CITY STAFF.
	(c)	THE AGENDA MAY INCLUDE A CONSENT AGENDA SET BY THE MAYOR, WHICH SHALL BE ADOPTED, REJECTED, OR CONTINUED WITHOUT DISCUSSION.
	(d)	ITEMS, EXCEPT THOSE RELATING TO THE REMOVAL OF BOARD OR COMMISSION MEMBERS, SHALL BE REMOVED FROM THE CONSENT AGENDA UPON THE REQUEST OF ANY COUNCIL MEMBER PRIOR TO 5:00 P.M. OF THE DAY PRECEDING THE MEETING.
	(e)	THE POLICY AGENDA MAY INCLUDE A SECTION IN WHICH FORMAL ACTIONS, ORDINANCES, AND RESOLUTIONS MAY BE APPROVED OR ADOPTED BY THE CITY COUNCIL. THESE ITEMS MAY BE PLACED IN THIS SECTION UPON CITY MANAGER'S OFFICE APPROVAL OF A REQUEST FOR COUNCIL ACTION (RCA), IN ACCORDANCE WITH THE NORMAL RCA PROCESS AND DEADLINES ADJUSTED ONE DAY EARLIER FOR A TUESDAY MEETING.
Rule 5: General procedures.
	(a)	A majority of the members of the Council shall constitute a quorum.
	(b)	The Mayor shall be the presiding officer and have a voice and vote in all Council proceedings. During the absence or disability of the Mayor, the Vice-Mayor shall act as Mayor. During the absence or disability of both Mayor and Vice-Mayor, the Council shall elect a presiding officer for all meetings. THE COUNCIL SHALL SELECT A NEW VICE-MAYOR ONCE EACH CALENDAR YEAR.
	(c)	Members shall occupy seats assigned by the Mayor.
	(d)	Council members may request additional information on any formal agenda items no later than the Tuesday policy OR WORK STUDY session preceding the formal meeting.
	(e)	No more than one amendment to a motion shall be permitted.
		(1)	WHEN A MOTION TO AMEND A MOTION HAS BEEN MADE AND SECONDED, THE NEXT VOTE SHALL BE ON THAT MOTION TO AMEND.
		(2)	IF THE MOTION TO AMEND FAILS, THE ORIGINAL MOTION REMAINS ON THE FLOOR AND SHALL BE VOTED ON.
	(f)	Any member, at any time, may request a roll call vote.
	(g)	Council members shall not be excused from voting. A failure to vote or a voluntary abstention shall count as an "aye" vote unless excused by an announced conflict of interest.
	(h)	The Journal of the Proceedings of the Council shall record individual votes on all ordinances, resolutions, franchises, and formal actions AND LIQUOR LICENSE APPLICATIONS RECOMMENDED FOR DISAPPROVAL. For voice votes of ayes and nays that are not unanimous, the Mayor shall indicate the individual votes. The Mayor may require that Council members' votes be clarified.
	(i)	In the case of a tie in the vote on any measure, the measure shall be considered defeated.
	(j)	A motion to reconsider any measure THAT WAS VOTED UPON AT THAT MEETING may be made only by a member on the prevailing side.
	(K)	REQUESTS FOR RECONSIDERATION MAY ALSO BE FILED WITH THE CITY CLERK WITHIN SEVEN (7) BUSINESS DAYS FOLLOWING THE DATE OF ORIGINAL ACTION.
		(1)	THE REQUEST FOR RECONSIDERATION SHOULD BE ADDRESSED TO THE CITY CLERK AND CONTAIN THE MEETING DATE, ITEM SUBJECT AND NUMBER OF THE ITEM REQUESTED FOR RECONSIDERATION.
		(2)	IF PROPERLY AND TIMELY FILED, THE CITY CLERK SHOULD PLACE THE REQUEST FOR RECONSIDERATION ON THE NEXT AVAILABLE FORMAL MEETING AGENDA. EXCEPT FOR ZONING CASES, THE ITEM BEING RECONSIDERED SHOULD BE PLACED ON THE AGENDA TO IMMEDIATELY FOLLOW THE ITEM TO REQUEST RECONSIDERATION. RECONSIDERED ITEMS FOR ZONING CASES SHOULD BE PLACED ON THE NEXT AVAILABLE FORMAL OR RECESSED MEETING AGENDA THAT ALLOWS COMPLIANCE WITH THE APPLICABLE POSTING PERIOD.
	(L)	A MOTION TO RECONSIDER MUST RECEIVE A SECOND, WHICH MAY COME FROM ANY COUNCIL MEMBER.
Rule 6: Debate and decorum.
	(a)	When a measure is presented for consideration, the presiding officer shall recognize the appropriate person or persons to present the matter.
	(b)	Council Members may speak after recognition by the presiding officer. The presiding officer shall not unreasonably withhold such recognition; however, the presiding officer may not recognize similar repetitive discussions or motions which would delay the meeting.
	(c)	When two or more members of Council wish to speak, the presiding officer shall determine the order of speaking and recognize the first speaker.
	(d)	While a member of the City Council is speaking, no other member shall interrupt except to make a point of order or point of personal privilege.
	(e)	When a motion is made and seconded, the presiding officer shall iEnsure that the debate is confined to the motion.
	(f)	The Council may agree to limit debate on any matter before it. A limit may be formalized by a majority vote of the Council, or the presiding officer may announce time limits on any agenda item.
	(g)	Any member may call for the previous question on any issue under debate. The call for previous question must receive a second and then receive at least a two-thirds vote. Passage of a motion to address the previous question terminates all debate on the original motion. The Council shall immediately vote on such motion.
	(h)	If a member breaks these rules, the presiding officer shall, or any Council member may, call that member to order. The member so called shall immediately cease speaking, but may appeal to the Council. The Council shall decide the appeal without debate. If the appeal is granted, such member may continue speaking. If the appeal is denied, such member shall remain silent. Such offender is subject to censure or other punishment as the Council, by a three-quarters vote, deems just and proper under the law.
Rule 7: Enforcement, suspension of rules.
	(a)	These rules shall be enforced by the presiding officer, subject to an appeal to the Council.
	(b)	Unless otherwise provided by law, these rules may be suspended or modified at any time, by a majority vote of the Council.
Rule 8: Citizen comments.
	Immediately after adjournment or recess of the regular weekly formal meeting, any member of the public may address the Council to comment on issues of interest or concern to them. A quorum of the City Council may or may not be present, but in either event, no decisions will be made and no action on any issue raised will be taken.

 

 

Rule 9: Open Meetings Law.
	The Council and its committees, subcommittees and ad hoc committees shall hold all meetings and conduct all business in accordance with the provisions of the Arizona Open Meetings Law, A.R.S. tit. 38, ch. 3, art. 3.1 (A.R.S. § 38-431 et seq.).
Rule 10: Conflict of interest.
	Each member shall comply with the Arizona Conflict of Interest Law, A.R.S. tit. 38, ch. 3, art. 8 (A.R.S. § 38‑501 et seq.). When a member recognizes a potential conflict of interest, the member shall disclose the interest giving rise to the potential conflict and refrain from voting or participating in any manner in the disposition of the matter.
Rule 11: Emergencies.
	Emergencies shall be handled as provided by the Charter, chapter IV, section 14 and chapter V, section 4; the City Code, Administration article II, section 2-79, and the provisions of the Arizona Open Meetings Law, A.R.S. tit. 38, ch. 3, art. 3.1 (A.R.S. § 38-431 et seq.).
Rule 12: Use of staff.
	No Council member shall request any staff project requiring over eight hours of staff work without first seeking approval of the full City Council.
Rule 13: Subcommittees.
	(a)	The Mayor may establish, modify and terminate subcommittees of the Council and charge them with their powers, duties and responsibilities. Subcommittee membership shall not exceed four. The rules of Council proceedings shall govern all subcommittee proceedings.
	(b)	The Mayor may refer matters to subcommittees for the purpose of collecting information, providing analysis and making recommendations to the Council. Subcommittees may conduct public hearings on matters referred to them.
	(c)	The Mayor shall appoint and remove the members and chairperson for each subcommittee. Only the Mayor and Council members may serve on a subcommittee. The Mayor shall be a nonvoting ex officio member of all subcommittees, unless otherwise designated.
	(d)	The subcommittee chairperson shall determine the agenda for subcommittee meetings consistent with the subcommittee's charge.
	(e)	The Mayor may establish, modify and terminate ad hoc committees of the Council and charge them with their powers, duties and responsibilities. The Mayor shall appoint and remove the members and chairperson for each ad hoc committee. Membership of ad hoc committees may include citizens, and up to four Council members. Ad hoc committees shall be established to study, review and make recommendations regarding specific issues designated by the Mayor. Ad hoc committees shall be established only for a limited, clearly defined, time and at the end of the designated time shall automatically be abolished unless the time is extended by the Mayor.
	(f)	The Mayor shall file with the City Clerk a list of all subcommittees and ad hoc committees, together with each subcommittee's and ad hoc committee's members, chairperson and charge. Any changes in subcommittee or ad hoc committee information shall also be filed with the City Clerk.

 

This item is recommended by Ms. Takata and the City Clerk and Law Departments.

 

ITEM 34

DISTRICTS 7 AND 8

ORDINANCE G-5480 - PUBLIC HEARING - AMEND CITY CODE - Z-TA-1-08 - ESTABLISH DOWNTOWN CODE TEXT AMENDMENT

 

Request to hold a public hearing and approve the text amendment changes for the following item by adopting the Planning Commission's recommendation and the related ordinance.

 

Application:	Z-TA-1-08
Proposal:	Amend Section 202 (Definitions), Section 308 (Design Review Standards Committee), Section 309 (Design Review Appeals Board), Section 310 (Architectural Appeals Board), Section 507 (Development Review Approval), and add a new Chapter 12 for the purpose of establishing the Downtown Code.
Applicant:	City of Phoenix Planning Department
Staff:	Approved.
VPC Action:	Encanto - January 4, 2010 - Approved. Vote 15-0 Central City - January 11, 2010 - Approved with modifications and clarifications. Vote 10-5
PC Action:	January 13, 2010 - Approved per the staff recommendation as modified by Addendum A and B staff report, with one‑year review. Vote 8-0

 

The following language is subject to discussion at the meeting and the City Council may add, delete, or amend the language.

 

Proposed Language

 

Amend Chapter 2, Section 202 (Definitions) as follows and add new definitions in correct alphabetical order:

 

ACTIVE USE: A SPECIFIED LAND USE WHICH GENERATES A HIGHER NUMBER OF PEDESTRIAN TRIPS AND HUMAN INTERACTION WHICH CREATES A MORE VIBRANT STREETSCAPE.

BUILDING FRONTAGE: THE PORTION OF THE LOT IN WHICH THE BUILDING IS AT OR WITHIN THE MINIMUM OR MAXIMUM SETBACK FROM A STREET, PRIVATE ACCESSWAY OR PUBLIC PEDESTRIAN PATH.

DIRECT CONNECTION TO SIDEWALK: AN UNOBSTRUCTED PEDESTRIAN PATH THAT CONNECTS A BUILDING OR SITE ENTRANCE TO A SIDEWALK IN THE SHORTEST POSSIBLE DISTANCE.

DRIVE AISLE: A PRIVATE, ON SITE VEHICULAR MANEUVERING LANE.

GLAZING: A WINDOW, DOOR OR OTHER TRANSPARENT OPENING IN THE EXTERIOR WALL OF A BUILDING THROUGH WHICH MERCHANDISE, SERVICES, OR BUSINESS ARE DISPLAYED OR VISIBLE.

Green Screen: Parallel galvanized steel wire (or equivalent) panels with a minimum of 3-inch SEPARATION AND attached to vertical structures with climbing vegetation with adequate soil to enable complete coverage of the panel.

MECHANIAL PENTHOUSE: A ROOM OR SPACE LOCATED ON A BUILDING ROOF DEDICATED TO HOUSING MECHANICAL EQUIPMENT AND ITS ASSOCIATED ELECTRICAL EQUIPMENT.

Mixed-Use: Development contained within a single parcel (horizontally or vertically) or adjacent parcels that contains different uses that are complementary to each other and provide activity throughout the day.

Mixed Use Building: A building in which a minimum of 50 percent of the ground floor building frontage iNCLUDES an active use that is in a different land use category from THE floor above. Parking is not considered a separate use for mixed use buildings.

Mixed Use Development: A site in which a minimum of 50 percent of the ground floor building frontage is DEVELOPED WITH AN active use, and at least two land use categories exist on site that are designed to be interconnected. Parking is not considered a separate use for mixed use developments.

Primary Entrance: A Ground floor entrance to A commercial lobbY or suite that IS OPEN TO THE PUBLIC during business hours or AN entrance to A residential courtyard, unit or lobbY, Emergency, service and storage room entrances are not A primary entrance.

STEP BACK: AN OFFSET OR REDUCTION IN THE MASS OF A STRUCTURE, TYPICALLY AT UPPER STORY LEVELS IN ORDER TO MITIGATE DIFFERENCES IN HEIGHT FROM ADJACENT STRUCTURES.

STREET, FRONT: A STREET identified by an Area Plan toWARDS WHICH the front of buildings ARE oriented to minimize driveway cuts. If no Area Plan is adopted, all single-frontage lots adjoinING a Front Street MUST ORIENT THE FRONT OF the BUILDING TO THE FRONT STREET. For multi-frontage lots, the street with the most pedestrian activity is the Front Street. When lots adjoin two or more streets with an equal amount of pedestrian activity, both are Front Streets. Front Streets are not necessarily the street adjoining the Lot front.

Street, SIDE: A Street identified by an Area Plan toWARDS WHICH THE side of buildings ARE oriented. If no Area Plan is adopted, the street with the least amount of pedestrian activity is the side street for multi-frontage lots. Side streets are not necessarily the street adjoining the lot side.

 

Amend Chapter 3, Section 308 (Design Review Standards Committee) as follows:

 

Section 308. Design Review Standards Committee.
A.	Powers and duties. The Design Review Standards Committee shall have the following powers and duties under the provisions of these regulations:
	1.	To oversee the design review process;
	2 1.	To develop design standards, policies and guidelines and to recommend to the City Council the adoption of appropriate policy manuals and amendments to the development standards contained in these regulations;
	3 2.	To review and make recommendations to the City Council on all specific plans and other City studies including design guidelines to ensure formats compatible with the Citywide design guidelines;
	4 3.	To evaluate the success being achieved in meeting the goal of a higher quality of design in the City;
	5 4.	To periodically make recommendations to the City Council for changes to design standards, policy manuals and procedures; and
	6.	To make an annual report on the operation of development review to the Planning Commission and City Council.
B.	Membership. Members of the Design Review Standards Committee shall be appointed and removed as follows:
	1.	The Design Review Standards Committee shall be composed of the following members:
		a.	One member of the Planning Commission;
		b.	Two citizens RESIDENTS who are not part of the groups described in subsections c and d below, and who have served at least two years on a village planning committee;
		c.	Two representatives of owners and developers of projects that are subject to design review; and
		d.	Four THREE design professionals, such as architects, landscape architects, planners, and civil engineers.
		e.	One member of the Parks and Recreation Board.
	2.	The members of the Design Review Standards Committee shall be appointed by the City Council, except for the Planning Commission member who shall be selected by the Planning Commission and the Parks and Recreation member who shall be selected by the Parks and Recreation Board, and shall serve without pay.
	3.	Except for the Planning Commission member, each appointment shall be for a term of two years, and no member shall serve more than two successive terms. The Planning Commission member shall serve for two years, but the term shall not be renewable.
	4.	The initial terms of office shall be as follows: four citizens, one project owner/developer and three design professionals shall serve terms of one year, and five citizens, one project owner/developer and three design professionals shall serve a term of two years. Upon expiration of the initial terms of members of the Committee, their successors shall then be appointed for terms of two years. Members serving on the Committee on March 23, 1994, shall serve until the end of their terms.
	5 4.	Except for the Planning Commission member, in the event of a death or resignation of a member, the vacancy may be filled for the unexpired term by the City Council. The vacancy of a Planning Commission member shall be filled by the Planning Commission. The Parks and Recreation Board shall fill a vacancy of a Parks and Recreation member.

 

Amend Chapter 3, Section 309 (Design Review Appeals Board) as follows:

 

Section 309. Design Review Appeals Board COMMITTEE.
A.	Powers and duties. The Design Review Appeals Board COMMITTEE shall have the power and duty under the provisions of these regulations to hear specific items appealed by the development review applicant contesting design review decisions made by the Development Services Department REGARDING THE INTERPRETATION AND IMPLEMENTATION OF DESIGN GUIDELINES AND ARCHITECTURAL DIVERSITY STANDARDS, AND REVIEW AND APPROVE DESIGN ALTERNATIVES AND SUSTAINABILITY BONUSES FOR PROPERTIES WITHIN THE BOUNDARIES OF THE DOWNTOWN CODE.
B.	Membership. Members of the Design Review Appeals Board COMMITTEE shall be appointed and removed as follows:
	1.	The Design Review Appeals Board COMMITTEE shall consist of seven NINE members who are residents of the City of Phoenix, no more than two of whom may be members of the Design Review Standards Committee, composed as follows:
		a.	One member of the Planning Commission;
		B.	TWO MEMBERS OF THE CENTRAL CITY VILLAGE PLANNING COMMITTEE;
		b. C.	Two citizens RESIDENTS;
		c. D.	One representative of an owner or developer of projects that are subject to design review; and
		d. E.	Three design professionals, such as architects, landscape architects, planners, and civil engineers.
	2.	The members of the Design Review Appeals Board COMMITTEE shall be appointed by the City Council, except the Planning Commission member who shall be selected by the Planning Commission, and shall serve without pay.
	3.	Except for the Planning Commission member, each appointment shall be for a term of two years, and no member shall serve more than two successive terms. The Planning Commission member shall serve for two years, but the term shall not be renewable.
	4.	The initial terms of office shall be as follows: one citizen, one project owner/developer and one design professional shall serve terms of one year, and one citizen and two design professionals shall serve a term of two years. Upon expiration of the initial terms of members of the Appeals Board, their successors shall then be appointed for terms of two years.
	5 4.	Except for the Planning Commission member, in the event of a death or resignation of a member, the vacancy may be filled for the unexpired term by the City Council. The vacancy of a Planning Commission member shall be filled by the Planning Commission.

 

Delete Chapter 3, Section 310 (Architectural Appeals Board) as follows and renumber remaining section accordingly:

 

Section 310. Architectural Appeals Board.
A.	Powers and duties. The Architectural Appeals Board shall have the powers and duties under the provisions of these regulations to hear specific items appealed by the development review applicant contesting design review decisions affiliated with architectural diversity standards applied by the Development Services Department.
B.	Membership. Members of the Architectural Appeals Board shall be appointed and removed as follows:
	1.	The Architectural Appeals Board shall consist of three members who are residents of the City of Phoenix and shall be composed as follows:
		a.	One representative of an owner or developer of projects that are subject to design review; and
		b.	One design professional, such as an architect, landscape architect, planner, or civil engineer; and
		c.	One citizen who is not a part of the groups described in subsections a and b above.
	2.	The members of the Architectural Appeals Board shall be appointed by the City Council, and shall serve without pay.
	3.	Each appointment shall be for a term of two years, and no member shall serve more than two successive terms.
	4.	In the event of a death or resignation of a member, the vacancy may be filled for the unexpired term by the City Council.
		***

 

Amend Chapter 5, Section 507 (Development Review Approval) as follows:

 

Section 507. Development Review Approval.
A.	Purpose.
	1.	Establish an integrated City-wide review procedure to process development review documents and subdivisions.
	2.	Ensure a high quality visual appearance and promote functional solutions for all development within the City of Phoenix.
	3.	Provide meaningful continuity between the appearance and function of individual projects. The requirements set forth are not intended to promote uniformity or stifle the creativity expressed in individual projects.
B.	Applicability.
	1.	Development review applies to all public and private facilities in residential, commercial and industrial developments in the City in all zoning districts. The only complete exceptions to compliance with this section are as follows:
		a.	Single-family and duplex dwelling units constructed prior to May 1, 1998 ;
		b.	Interior tenant alterations or improvements which do not affect parking requirements or exterior building appearance;
		c.	Nonstructural remodeling of facade treatment;
		d.	Sign permits for properties not otherwise subject to development review;
		e.	Development submitted for site plan approval prior to the effective date of this section.
	2.	EXTERIOR STRUCTURAL REMODELING OR NEW FAÇADE TREATMENT TO BUILDINGS WITHOUT ADDITIONAL SQUARE FOOTAGE ARE SUBJECT TO DEVELOPMENT REVIEW APPROVAL AS FOLLOWS:
		a.	FOR PROPERTIES LOCATED WITHIN THE BOUNDARY OF THE DOWNTOWN CODE, THE FOLLOWING SHALL APPLY:
			(1)	COMPLIANCE WITH THE DEVELOPMENT STANDARDS, DESIGN STANDARDS AND DESIGN GUIDELINES OF CHAPTER 12 ONLY FOR THAT EXTERIOR PORTION OF THE BUILDNG BEING MODIFIED.
			(2)	PROVISION OF STREET TREES IN ACCORDANCE WITH ADOPTED STREETSCAPE DESIGNS.
		b.	FOR PROPERTIES LOCATED OUTSIDE THE BOUNDARY OF THE DOWNTOWN CODE, THE FOLLOWING SHALL APPLY:
			(1)	LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH ADOPTED STREETSCAPE DESIGNS.
			(2)	NEW LANDSCAPE PLANTERS SHALL BE PROVIDED AT ENDS OF PARKING ROWS AND APPROXIMATE 100-FOOT SPACING BETWEEN ROWS
			(3)	PARKING LOTS SHALL BE LANDSCAPED TO THE FULL STANDARDS OF THIS ORDINANCE WHEN PROVIDED PARKING EXCEEDS 10% OF REQUIRED PARKING.
			(4)	IF PROVIDED PARKING IS LESS THAN REQUIRED PARKING, DIAMOND PLANTERS SHALL BE PROVIDED TO CONSERVE PARKING SPACES.
	2. 3.	Additions to buildings are subject to development review approval as follows:
		a.	An addition of two thousand square feet or less to an existing building may be required to submit a site plan to the office DEPARTMENT of Development Services but shall not be subject to the design review principles and guidelines set forth in Tab A of Section 507 if the impacts of the addition are not significant, WITH THE EXCEPTION THAT NEW STRUCTURES OR ADDITIONS OF 500 SQUARE FEET OR GREATER ON PROPERTIES LOCATED WITHIN THE BOUNDARY OF THE DOWNTOWN CODE SHALL BE REQUIRED TO MEET THE Shading requirements in Section 1221.D. The Department of Development Services shall determine the significance of an addition's impacts on adjacent properties based on noise, odor, lighting, glare, vibration, visibility from a public street, and removal of site amenities which are included in a design review principle or guideline. Surface parking as a primary use is subject to the provisions of development review if the use is determined to have impact on adjacent uses or visibility from a public street as determined by the Department of Development Services.
		b.	When an addition of two thousand square feet or less to an existing building is determined by the Department of Development Services as having significant impacts, as described above, the addition shall be subject to full development review including the design review principles and guidelines.
		c.	When additions to a property after the effective date of this ordinance total more than two thousand square feet, the property shall be subject to full development review including the design review principles and guidelines.
	3.4	Subdivision plats are processed in accordance with Chapter 32 of the City Code. Preliminary subdivision plats have the additional requirement to be reviewed and approved in accordance with the provisions of this section for context plan and the design review guidelines for subdivisions of Section 507 Tab A.II.C, "Subdivision design."
	4.5	Existing legally constructed development with or without an approved site plan as of the date of this ordinance is assumed to have a valid development review plan. Any site plans which received preliminary or final approval from the Department of Development Services prior to the enactment of this section shall remain and continue in full force and effect until such time as the plan is amended or its approval expires.
	5. 6	Implementation of development review shall begin on March 1, 1991, and be phased according to the following schedule:
		a.	Phase I: On March 1, 1991, development review shall apply to all zoning districts which require formal site plan control on the effective date of this provision, including: Residential Office, Commercial Office, subdivisions, multiple-family districts, high-rise, mid-rise and incentive districts, Resort District, P-1, P-2, Planned Shopping Center, Regional Shopping Center, Planned Community Development, all special permit uses, and projects stipulated to site plan control by the City Council at the time of zoning approval.
		b.	Phase II: On February 1, 1992, development review shall apply to those districts included in Phase I and the following districts: C-1, C-2, C-3, A-1, A-2 and Commerce Park.
	6. 7	Implementation of single-family design review shall begin on May 1, 1998 , for all subdivision applications which have not obtained preliminary development review approval. Any site plans or subdivision plats which received preliminary or final approval from the Department of Development Services prior to the enactment of this section shall remain and continue in full force and effect until such time as the plan is amended or its approval expires.
C.	Design review principles and guidelines. Design review principles, and guidelines are listed in Tab A AND OTHER SECTIONS of this ordinance. The principles reflect desired goals and policies for the City. The guidelines indicate specific implementation standards. The guidelines consist of requirements, presumptions and considerations.
	1.	Requirements (R). Requirements (R) are guidelines contained in this and other sections of the Zoning Ordinance and specific plans. Requirements are not permissive in that they contain language that is not discretionary, such as "shall," "must" and "will." Requirements must be satisfied by any plan prior to design review approval. There is no administrative process to overcome a requirement. If a requirement cannot be satisfied, an applicant may seek relief through the variance process with the exception that those requirements followed by an asterisk (R*) are appealable to the Architectural Appeals Board DESIGN REVIEW COMMITTEE due to their design-related nature.
	2.	Presumptions (P). Most of the guidelines are presumptions (P). A guideline that is a presumption normally will contain the word "should." A plan submitted for design review is incomplete if it does not demonstrate that the presumptive elements have been in some way incorporated or overcome.
		a.	Overcoming a presumption. A presumption that may be unsuitable for a given project may be waived if an applicant can demonstrate to the Development Services Department that there is a good reason why the presumption is inappropriate, UNLESS THE PROPERTY IS LOCATED WITHIN THE BOUNDARY OF THE DOWNTOWN CODE. The Development Services Department may approve an alternative that achieves the intent of the presumption.
			Appropriate reasons for overcoming a presumption include:
			(1)	Demonstrating that in this instance the underlying design principles will not be furthered by the application of the presumption;
			(2)	Showing that another design principle is enhanced by not applying the presumption;
			(3)	Demonstrating an alternative method for achieving the intent of the presumption;
			(4)	Explaining the unique site factors that make the presumption unworkable such as lot size and shape, slope, natural vegetation, drainage, and characteristics of adjacent development which are identified through their use of materials, colors, building mass and form, and landscaping.
			Increases in the cost of development generally will not be an acceptable reason to waive a guideline or determine that a guideline is inappropriate.
		b.	Appeals. In the event that a presumption is not incorporated or overcome, OR IF THE PROPERTY IS LOCATED WITHIN THE BOUNDARY OF THE DOWNTOWN CODE an appeal may be filed by the applicant with the Design Review Appeals Board COMMITTEE. Appeals to presumptions (P) and requirements followed by an asterisk (R*) located in Tab A.II.C, "Subdivision design," shall be heard by the Architectural Appeals Board DESIGN REVIEW COMMITTEE.
		c.	Purpose and intent of single-family design guidelines.
			Notwithstanding the above, there are differences in the application of design guidelines for single-family development. In the R1-10 through R-5 zoning districts, the conventional development option establishes the baseline development conditions for single-family detached development. Deviations from these standards for the entire subdivision will require application of the planned residential development (PRD) option and the associated design guidelines found in subsection 507 Tab A.II.C. When applying these guidelines, staff will consider the unique conditions of each site, such as context area, lot size and shape, slope, natural vegetation, and drainage. In addition, staff will strive to ensure that affordable housing opportunities are not precluded. The PRD option is intended to encourage quality and creative design solutions through the use of flexible development standards. This design review structure is intended to foster a dialogue between staff and the applicant which facilitates creative responses to unique site conditions while being mindful of housing affordability.
	3.	Considerations (C). Design guidelines listed in the adopted design review guidelines as considerations (C) are issues and concepts that an applicant should consider in preparing a plan. Their omission is not grounds for rejecting a plan, but their inclusion or recognition is encouraged and may assist in overcoming certain presumptions and in gaining acceptance for a plan.
D.	Process. The development review process includes the following steps:
	1.	Pre-application conference with the Development Services Department staff (see subsection E);
	2.	Preliminary review (see subsection F);
		a.	Submittal of design review documents by the applicant/property owner;
		b.	Routing of documents to various departments and agencies for comment where needed;
		c.	Staff review and consolidation of comments;
		d.	Preliminary design review meeting with applicant and any interested citizen where needed;
	3.	Consideration of any appeals (see subsection G);
	4.	Review of technical documents (see Subsection H);
	5.	Final document submittal responding to staff comments (see Subsection I);
	6.	Final approval of development review documents (see Subsection J);
	7.	Building permit issuance (see subsection J);
	8.	Site inspection and issuance of certificate of occupancy (see Subsection J);
	9.	Follow-up inspection (see Subsection J).
E.	Pre-application conference.
	1.	Purpose. The pre-application conference is a meeting between City staff and the development team to discuss the context plan for the site and how it affects the design and technical requirements for development, and to explain the City processes to secure permits for construction.
	2.	Applicability. A pre-application conference is required before submittal of all preliminary (new preliminary, revised preliminary and amendment) development review documents and time extensions. The Development Services Department may waive the pre-application conference, if the staff determines that it would not be necessary.
	3.	Context plan. The Context Plan shall show the relationship of the project's site to its adjacent setting. The context plan must show the information required on the checklist provided and in the format required by the Development Services Department. The Development Services Department may waive any of the following items whenever they are not necessary for the proposed project. The context plan includes:
		a.	Existing conditions analysis showing surrounding property and the location and general footprint of existing development within the context area. The context area includes all adjacent parcels and property within approximately three hundred feet.
		b.	Conceptual site plan diagram showing the relationship of the proposed project to the existing development.
		A context plan shall be required of the applicant at the time of the pre-application meeting.
	4.	Discussion items. The following items will be discussed at the pre-application conference:
		a.	Impact on surrounding properties.
		b.	Visual appearance.
		c.	Functional relationships.
		d.	Conformance to the design guidelines.
		e.	Compliance with zoning regulations and stipulations.
		f.	Right-of-way and easement dedications.
		g.	Technical requirements.
		h.	City processes.
F.	Preliminary review.
	1.	Application. An application is submitted to the Development Services Department by the property owner or his representative. It shall be accompanied by preliminary development review documents. Preliminary review of these documents shall not begin until all application requirements are complete.
		a.	Preliminary development review documents. The preliminary development review documents shall show how the design guidelines have been addressed. The preliminary development review documents must show the information required on the checklist provided and in the format required by the Development Services Department. The Development Services Department may waive any of the following items whenever they are not necessary for the proposed project.
			(1)	Context plan.
			(2)	Shading and reflectivity.
			(3)	Preliminary landscape plan.
			(4)	Building elevations.
			(5)	Technical information required by a checklist on file with the Development Services Department.
		b.	Notice. The Development Services Department shall notify persons who spoke in interest at the time of rezoning the property which is the subject of development review approval. These persons shall be invited to a meeting to review the development review documents.
		c.	Fee. The preliminary application shall be accompanied by a fee as set forth in the appendix A.2 of the City Code.
		d.	Review.
			(1)	The Development Services Department may refer the development review documents to affected departments or agencies to check its compliance with pertinent City standards and regulations.
			(2)	The Development Services Department upon timely response from the other departments or agencies shall take one of the following actions:
				(a)	Approve the development review documents as submitted.
				(b)	Conditionally approve the development review documents with modifications. In addition to the special requirements of this section, the Development Services Department may impose on the development review documents such additional requirements affiliated with adverse impact as are necessary to safeguard the public welfare, safety and health or as necessary to implement City Council or Development Services Department policy. Additional requirements imposed by the Development Services Department may be appealed to the Design Review Appeals Board, the Architectural Appeals Board COMMITTEE or the City Manager's representative as determined by the Development Services Department.
				(c)	Disapprove the development review documents. If the development review documents are disapproved, the Development Services Department shall notify the applicant of the reasons for disapproval and may state the modifications necessary for approval of the development review documents.
				(d)	Grant a time extension. If zoning or other City actions significantly affect the ability of the Department to review the project, then a time extension shall be granted. Payment of appropriate fees is required to remove a project from time extension.
		e.	The Development Services Department shall notify the applicant in writing of the decision within thirty calendar days after the application has been filed by the applicant. Following this decision, the City shall not impose additional requirements. For design review of residential subdivisions or residential architecture, additional provisions of development review approval may be applied if the applicant requests modifications to the originally approved development review documents.
		f.	Final approval. Development review documents shall be approved when the conditions of preliminary approval are met. Fees will be charged after the second resubmittal of the development review documents. One copy of the approved development review documents shall be filed in the office of the Development Services Department, and one copy sent to the applicant.
		g.	Modification to approved preliminary. If the property owner requests changes to the approved development review documents, the Development Services Department may require a revised preliminary submittal with the payment of appropriate fees as set forth in the appendix A.1.
g.	design alternatives. a Design Alternative is a deviation from the prescribed standards and design guidelines, only for properties within the boundary of the downtown CODE, WHICH would result in a furtherance of the goals and policies of the Downtown Phoenix Plan and the specific intent of the subject Character Area as approved by the DRC.
	1.	Each Design Alternative application shall include, at a minimum, the following:
		a.	A Certificate of Appropriateness OR CERTIFICATE OF NO EFFECT must be obtained in advance of filing for any property with a Historic Preservation (HP) Zoning Designation.
		b.	A listing of the standard(s) or guideline(s) that are the subject of the proposed Design Alternative;
		c.	A narrative statement describing the justification for the Design Alternative and the manner in which the proposed Design Alternative would result in a furtherance of the goals and policies of the Downtown Phoenix Plan and would satisfy the Findings required for approval;
		d.	Site plan;
		e.	Building Elevations;
		f.	Context Plan;
		g.	Landscaping and Shading Plan;
		H.	LIST OF PROPERTY OWNERS LOCATED WITHIN 150 FEET OF THE SUBJECT PROPERTY AS SUPPLIED BY THE MARICOPA COUNTY ASSESSOR'S OFFICE.
		G.	Such other information as may be required by the Planning Director or DRC.
	2.	WITHIN TEN WORKING DAYS OF the DATE OF FILING A DESIGN ALTERNATIVE APPLICATION, THE APPLICANT SHALL MAIL A NOTICE BY FIRST CLASS MAIL TO ALL PROPERTY OWNERS WITHIN 150 FEET OF THE SUBJECT SITE EXPLAINING THE REQUEST AND PROVIDING THE DATE, TIME AND LOCATION OF THE drc MEETING AT WHICH THE APPLICATION WILL BE REVIEWED.
	3.	In order to approve a Design Alternative, the DRC must make findings as follows:
		a.	That the project is consistent with the Intent stated for the subject Character Area; and
		b.	That the project demonstrates design excellence by addressing at least two of the following:
			(1)	Design innovation and the imaginative use of space, form, and materials.
			(2)	Permeability and connectivity which enables people to move within, around and through the project with ease.
			(3)	The project improves safety and security by introducing human activity to the public realm with active building frontages onto streets and other public spaces, and enables "eyes on the street."
			(4)	The project incorporates materials and design which enhances thermal comfort.
	4.	In approving a Design Alternative, the DRC may impose any reasonable conditions to ensure that the approval complies with the findings required above.
	5.	A DESIGN ALTERNATIVE APPLICATION WILL BE REVIEWED AT A PUBLIC MEETING WITHIN THIRTY CALENDAR DAYS FROM THE DATE OF SUBMISSION OF THE APPLICATION. ANY PERSON INVITED TO THE REVIEW OF THE PRELIMINARY REPORT WITH THE APPLICANT SHALL BE INFORMED BY THE DEVELOPMENT SERVICES DEPARTMENT OF THE DATE, TIME AND LOCATION OF THE MEETING.
	6.	A DECISION ON THE DESIGN ALTERNATIVE APPLICATION WILL BE MADE BY THE DRC ON THE DATE OF THE PUBLIC MEETING UNLESS CONTINUED AT THE DISCRETION OF THE COMMITTEE AND A CERTIFICATE OF APPROVAL SHALL BE TRANSMITTED TO THE APPLICANT IN WRITING. THE DECISION OF THE DRC SHALL BE FINAL.

 

 

GH.	Appeals. There are two distinct categories of review standards, design and technical:
	1.	Appeal of design review decisions. An action or decision of the Development Services Department imposing conditions in accordance with presumptive design review guidelines, urban design principles, or design decisions which are imposed to protect the public health, safety and welfare may be appealed by the applicant to the Design Review Appeals Board COMMITTEE, or the Architectural Appeals Board in the case of decisions relating to "Subdivision design," [section 507 Tab A, II.2] within fifteen calendar days from the date of the staff's preliminary review decision. The Development Services Department will submit any background material regarding the appeal to the respective Design Appeals Board REVIEW COMMITTEE within two working days prior to the hearing date.
		a.	Appeals shall be in writing on a form provided by the Development Services Department and shall include only those items being appealed.
		b.	An appeal will be heard within thirty calendar days from the date of submission of an appeal. Any person invited to the review of the preliminary report with the applicant shall be informed by the Development Services Department of the date, time and location of appeal hearing.
		c.	A decision on the appeal will be made by the Design Review Appeals Board or the Architectural Appeals Board COMMITTEE on the date of the hearing unless continued at the discretion of the Board COMMITTEE and shall be transmitted to the applicant in writing. The decision of the Design Review Appeals Board or the Architectural Appeals Board COMMITTEE shall be final.
		***

 

Add a new Chapter 12 (Downtown Code) as follows:

 

1201 - Code Administration
A.	PURPOSE AND INTENT
	The purpose of the Code is to implement the vision, goals and policies of the Downtown Phoenix Plan and provide the physical environment necessary to create a pedestrian-oriented, dynamic urban center with an authentic sense of place. The INTENT OF THE Downtown Code IS TO address design that impacts the public realm by establishing standards and guidelines that will allow projects to develop over time IN A SCALE AND CHARACTER CONSISTENT WITH THE DOWNTOWN PHOENIX PLAN.
B.	APPLICABILITY
	ThE Downtown Code applies to all land uses, subdivisions, and development within the boundary specifically identified in SECTION 1202.B AND generally bounded by McDowell Road on the north, 7TH Street on the east, Buckeye Road on the south, and 7th Avenue on the west. This boundary shall be hereafter known as Downtown. If a conflict occurs between requirements of the Downtown Code and the remainder of the City of Phoenix Zoning Ordinance, the requirements of the Downtown Code shall prevail.
C.	APPROVAL REQUIREMENTS
	Each structure and land use shall be established, constructed, reconstructed, enlarged, altered, moved or replaced in compliance with the following requirements:
	1.	The land use or function must be allowed by the Use Matrix in the Character Area where the site is located.
	2.	Development Review Approval must be obtained in accordance with Section 507 of the Phoenix Zoning Ordinance demonstrating compliance with the development standards and guidelines of the downtown code with the exception that building additions of more than 500 square feet shall be required to meet the Shading requirements in Section 1221.D. development standards are requirements and development guidelines are equivalent to design presumptions.

 

 

	3.	EXISTING STRUCTURES AND LAND USE ESTABLISHED LEGALLY AT THE TIME OF ADOPTION OF THIS CODE SHALL BE SUBJECT TO THE PROVISIONS OF CHAPTER 9, NONCONFORMITIES, OF THE PHOENIX ZONING ORDINANCE.
	4.	PROPERTIES WITH HISTORIC PRESERVATION (HP) ZONING ARE SUBJECT TO THE PROVISONS OF CHAPTER 8, HISTORIC PRESERVATION, OF THE PHOENIX ZONING ORDINANCE IN ADDITION TO THE PROVISIONS OF CHAPTER 12, DOWNTOWN CODE. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF CHAPTER 8 AND CHAPTER 12, THE PROVISIONS OF CHAPTER 8 SHALL PREVAIL.

 

1202 - Regulating Maps
A.	This section includes the regulating maps for development within Downtown. These maps define the following:
	1.	CHARACTER AREAS
	2.	Maximum Building Height
		a.	ThE height SHOWN is allowed by right and does not include any applicable bonuses.
		b.	Any approved height bonuses shall not exceed the Airport Height Zoning.
	3.	Maximum Density
		This density is allowed by right and does not include any applicable bonuses.
	4.	Front and Side Streets
	5.	Pedestrian Streets
	6.	Residential Alleys

 

B.	This map designates the Character Area boundaries for the downtown.

C.	The height for any property in the Downtown area shall not exceed the following unless a height bonus is allowed by the character area and approved by the DESIGN REVIEW COMMITTEE (DRC):

 

D.	The density for any pARCEL in the Downtown area shall not exceed the following unless a density bonus is allowed by the character area and approved by the DRC:

E.	This map designates which streets in the Downtown are Front and Side Streets AS REFERENCED ON the STREET SCAPE MATRIX FOR EACH CHARACTER AREA.

F.	The following streets are pedestrian streets. Please refer to sectionS 1207.k AND 1207.L for specific standards and guidelines.

G.	This map designates alleys FOR WHIch ABUTTING properties must conform with the standards and guidelines outlined in sectionS 1207.L AND 1207.O.

1203 - Downtown Land Use Definitions
RESIDENTIAL
Dwelling Unit, Single-Family Detached - A structure designed to house a single dwelling unit from lowest level to roof with a private outside entrance for use exclusively for residential purposes by a single family or housekeeping unit, separated from other dwellings by open space, and located on a common lot or individual parcels.
Dwelling Unit, Single-Family and Duplex Attached - A structure designed to house a single dwelling unit from lowest level to roof with a private outside entrance for use exclusively for residential purposes by a single family or housekeeping unit, not separated from other dwellings by open space, and located on a common lot or individual parcels.
Dwelling Unit, MultiFamily - A structure designed to house more than one dwelling unit with either separate or joint entrances for use exclusively for residential purposes by a single-family or housekeeping unit living independently of each other.
Group Home - A residential facility for six (6) or more unrelated persons providing living facilities, sleeping rooms, and meals and which shall have a permit issued by the appropriate government agency.
Live-Work - a building, individual unit or space(s) within a building used jointly for residential AND COMMERCIAL purposes WHERE THE COMMERCIAL USE MAY EXCEED THE LIMITATIONS OF A HOME OCCUPATION.
Residential Care Home (Max 10 persons) - Dwelling unit shared as the primary residence by no more than ten (10) disabled or elderly disabled persons living together as a single housekeeping unit, in which staff persons provide on-site care, training or support for the residents. Such home or service provided therein shall be licensed by, certified by, approved by, registered with, and funded by or through, or under contract with the State.

 

ASSEMBLY

Assembly, General - A building or portion thereof used for groups of people to gather for an event or regularly scheduled program. General assembly uses include, but are not limited to, arenas, auditoriums, banquet facilities, conference and reception centers, concert halls and theatres.

Day Care - Any facility operated for the purpose of providing care, protection and guidance to five (5) or more individuals during only part of a 24-hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private education facilities or any facility offering care to individuals for a full 24-hour period.

Religious Assembly - A building where persons regularly assemble for religious purposes and related social events with related facilities such as the following in any combination: rectory or convent, dormitory, private school, meeting hall, administrative offices, licensed day care (adult or child), playground, athletic fields and pocket shelter.

School - A place of general instruction operating under a valid contract issued by the state or a state sponsored organization, institutions of higher education and private educational institutions offering a curriculum of general instruction comparable to public schools, but not including business schools, day care schools, dancing schools, riding academies, or specialized trade, technical or vocational schools.

School, Commercial - A school established to provide for the teaching of industrial, clerical, business, managerial, technical, specialized trade, vocational or artistic skills. This definition applies to schools that are owned and operated privately for profit.

GENERAL RETAIL SALES AND RELATED SERVICES

Adult Oriented Businesses - An adult bookstore, adult live entertainment establishment, adult novelty store or adult theater as defined in section 202 of the Phoenix Zoning Ordinance.

Artist Studio - A COMMERCIAL Work space within an enclosed structure for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. Incidental retail sales of items produced on the premises is allowed.

Bakery - An establishment used for the sale of baked goods on the lot and baking when incidental to retail sales from the property. The combining, baking and packaging of ingredients is allowed as an accessory to a retail establishment

Bar/Lounge/Night Club - A commercial enterprise whose primary activity is the sale of alcoholic beverages to be consumed on the premise. Bars include taverns, night clubs, and similar facilities serving alcoholic liquor or beer.

Bed and Breakfast Establishment - An establishment which provides breakfast and rooms for rent to guests on an overnight basis.

Commercial Recreation - A commercial recreational land use conducted entirely within a building, including arcade, arena, art center, athletic and health club, bowling alley, exhibit hall, family game center, gymnasium, skating rink, swimming pool, tennis court, and similar uses.

Farmers Markets - A market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items and food and beverages (but not to include second-hand goods) dispensed from booths located on site.

Garden Center - An enterprise that conducts the retail and/or wholesale of plants grown on the premises, as well as accessory items (but not power equipment, such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance.

Hotel - An establishment designed for occupancy by transients or as a residence for periods of less than one year. A hotel shall contain rooming units and shall customarily provide housekeeping, bellhop, laundry, and on site recreation services. Where appropriately zoned, restaurant, bar, personal and retail services, and entertainment may also be available.

Liquor, Retail Sales - An establishment selling general alcoholic beverages, also known as the sale of distilled spirits or hard liquor, beer and wine, for consumption off‑premises.

Pawn Shop - Businesses engaged in the buying and selling of new or secondhand merchandise and offering loans in exchange for personal property.

Pet Care Facilities - An establishment in which household pets are kept regularly and for overnight or extended periods of time for the benefit of persons who do not reside on the premises. Facilities may provide shelter, feeding, grooming and retail sales. This shall not include breeding or raising of household pets or animals.

Pet Day Care Facilities - An establishment in which household pets are kept for a limited time during the day and not overnight for the benefit of persons who do not reside on the premises. Facilities may provide shelter, feeding, grooming and retail sales. This shall not include breeding or raising of household pets or animals.

Pet Grooming - An establishment providing services for household pets that may include bathing, grooming, and clipping.

Restaurant/Brew Pub - An establishment where food and beverages are prepared, served and consumed primarILy on site. A brewery MAY be an accessory to a Restaurant/Brew Pub provided it does not occupy more than 20% of the gross floor area. Does not include liquor sales and service, outdoor entertainment, cooking or dining and patron dancing unless specifically allowed in Section 1204 - Land Use Matrix

Retail, Including Art Gallery - An establishment in which goods and merchandise are sold to the general public for personal or household consumption and where incidental services, such as repair are offered.

Veterinary Office - An office maintained by a licensed doctor of veterinary medicine for the treatment and care of small animals, other animals of a similar size and nature but not livestock.

 

 

HEALTH AND SUPPORT SERVICES
Clinic, Medical or Dental - A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, including emergency treatment, diagnostic services, training, administration, and services to out-patients, employees and visitors.
Hospital - An institution which is licensed by the State of Arizona to provide in-patient and out-patient medical care, diagnosis, treatment or major surgical services for persons suffering from illness, injury or deformity or for the rendering of obstetrical or other professional medical care. A hospital may include such related facilities as laboratories, medical testing services, central service facilities, staff offices and Volunteer Community Blood Centers (Non-profit only).
Laboratory; Medical, Dental or Clinical - A facility for scientific analysis of blood, tissue or other human and animal components.
Laboratory, Research - A facility for scientific research, investigation, testing or experimentation; but not manufacturing or sales of products.
Medical or Dental Offices - A facility other than a hospital where medical, dental, mental health, surgical, and/ or other personal health care services are provided on an outpatient basis, and that accommodates licensed primary practitioners (for example, chiropractors, dentists, medical doctors, optometrists, prescription opticians, psychologists, etc.) within a single office suite.
Nursing, Assisted Living Facility - A facility offering a combination of housing support services, personalized assistance and health care with a central or private kitchen, dining area, recreation and other facilities, with separate bedrooms or living quarters, where the emphasis of the facility remains residential.
INDUSTRIAL AND MANUFACTURING
Building Materials - An establishment which sells goods relating to construction which require a large floor area such as lumber, appliances, electrical supplies, and plumbing supplies.
Contractor's Yards - An establishment used for the outdoor repair, maintenance, or storage of a contractors vehicle, equipment or materials.
Manufacturing and Assembly - Manufacturing and Assembly of products primarily for sale to other businesses.
MANUFACTURING, Artisan - Small-scale production of goods by hand manufacturing or assembly, involving the use of hand tools and small-scale equipment.
MANUFACTURING, Light - Manufacturing, processing, assembly, packaging, treatment, fabrication, and storage of finished or semi-finished parts or products. Light manufacturing and assembly uses are conducted within an enclosed building with incidental outdoor storage.
MANUFACTURING, General - Manufacturing, processing, compounding, assembly, packaging, treatment or fabrication parts or products, mass produced from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products or materials. General manufacturing and assembly uses are conducted either fully or partially within an enclosed building with limited off-site impacts. Products may require shipping by large trucks.
MANUFACTURING, Heavy - Manufacturing, processing, compounding, assembly, packaging, treatment or fabrication of finished parts or products, mass produced from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. Heavy manufacturing and assembly uses may be conducted entirely outdoors and have moderate to significant off-site impacts, including visual impacts. Uses involving radioactive or highly toxic materials or chemicals, highly combustible or explosive materials, or other materials and substances of noxious nature in the manufacturing process are included in this classification.
OFFICE AND PROFESSIONAL
Financial Institutions - A State or Federally chartered bank, credit union, mortgage lender, savings and loan association, or automated teller machine.
General Office - An establishment where commercial activities take place but where goods are not produced, sold, or repaired. These include: general and professional offices; governmental offices; insurance offices; real estate offices; taxi-cab offices, but not taxi stands; travel agency or transportation ticket offices; telephone exchange; utility offices; radio broadcasting, and similar uses.
Professional Office - An establishment where the rendering of service of a professional nature is conducted by:
	1.	Architects, engineers, and surveyor.
	2.	Doctors of medicine, osteopathy, dentistry, and optometry.
	3.	Lawyers.
	4.	Accountants.
	5.	Consultants and practitioners who are recognized by the appropriate above licensed professions.
	6.	Chiropractors, chiropodists, and naturopaths.
	7.	Dispensing opticians.
SERVICES
Appliance Repair Services - An establishment providing appliance repair, office machine repair, or building maintenance services. This use does not include the maintenance and repair of vehicles.
Business Services - Establishments that render services, rather than provide goods, primarily to other businesses including delivery/messenger services, package/mail service and similar uses.
Personal Services - Businesses offering services such as barber shops, beauty shops, tanning salons, day spas, weight loss clinics, massage therapy, yoga/pilates studio, personal training studio, tattoo studios, laundromats, laundry and dry cleaning pickup and delivery stations (but excluding actual laundry operations), and similar uses.

 

 

STORAGE AND WHOLESALING

Self Service Storage Facility (Mini-Warehouse) - A building or group of buildings in a controlled access and fenced or screened compound that contains relatively small storage spaces of varying sizes, having individual, compartmentalized and controlled access for the dead storage of excess personal property of an individual or family generally stored in residential accessory structures, when such building or group of buildings are not located on the lot of the residence.

Storage/Warehousing indoors - An enclosed building designed and used primarily for the storage of frozen foods and goods and materials.

Wholesale Sales - A non-retail use which exclusively provides goods or commodities for resale or business use, including accessory storage. It shall not include a non‑accessory storage warehouse.

TRANSPORTATION

Automobile Rental - Rental of automobiles, including storage and incidental maintenance.

Automobile Sales (New) and Leasing - Sales or leasing of new automobiles, motorcycles, trucks, including storage and incidental maintenance.

Automobile Service and Repair (Minor) - An establishment engaged in the retail sale of gas or diesel fuel, lubricants, parts and/ or accessories, including quick-service oil, tune‑up, brake and muffler shops; and tire sales and installation, where repairs are made or service provided in enclosed bays and vehicles are not typically stored overnight. This classification excludes establishments providing engine repair, body and fender work vehicle painting, towing, or repair of heavy trucks or construction vehicles.

Automobile Washing - Washing, waxing, or cleaning of automobiles or similar light vehicles.

Bus Terminal - A place for the transient storage or parking of busses, and loading and unloading of passengers for privately operated bus lines.

 

ACCESSORY USES AND FACILITIES

ACCESSORY DWELLING UNIT - A SECONDARY DWELLING UNIT IN CONJUNCTION WITH AND CLEARLY SUBORDINATE TO A PRIMARY DWELLING UNIT, WHETHER A PART OF THE SAME STRUCTURE AS THE PRIMARY DWELLING UNTI OR A DETACHED STRUCTURE ON THE SAME LOT.

Accessory Structure - A detached subordinate structure, the use of which is incidental to that of the principal structure and located on the same lot therewith.

Dependent Care Facility [home occupation only] - A facility providing care for no more than 12 persons in a protective setting for less than 24 hours a day. Resident dependents under the age of twelve years shall not be counted when they are present on the premises.

DRIVE-THROUGH - AN OPENING IN THE EXTERIOR WALL OF A STRUCTURE AND THE ASSOCIATED VEHICLE QUEUING LANES THAT ALLOWS TRANSACTIONS FOR GOODS AND SERVICES WHILE THE CUSTOMER REMAINS IN A MOTOR VEHICLE.

Helistop/heliport-Helistop - A designated landing area used for the landing and taking off of helicopters for the purpose of picking up or discharging passengers or cargo. No fueling or service facilities are permitted. Heliport: Any helistop which also includes all necessary passenger and cargo facilities; helicopter maintenance and overhaul, fueling service, storage, tiedown areas, hangars, and other necessary buildings and open spaces. Heliports include any of the uses of helistops.

Home Occupation - Home occupation is an occupation, profession, activity, or use which is AN incidental, and secondary use of a residential dwelling unit by a resident and which does not alter the exterior of the property or affect the residential character of the neighborhood. SUCH USES INCLUDE BUT ARE NOT LIMITED TO, ACCOUNTANT OFFICE, REAL ESTATE OFFICE, ARCHITECT STUDIO, LAW OFFICE, ARTIST STUDIO, AND TELEMARKETING SALES.

Mobile Vendors - Refer to City Code, Section 10-163, Mobile Vendor - Ordinance G-4299.

Outdoor Display/Sales - An outdoor arrangement of products typically not fixed, designed and used for the purpose of advertising a business.

Outdoor Storage - An exterior space used for the stockpiling or holding of materials or goods for more than 24 consecutive hours.

Pocket Shelter - a class of residential facility, only allowed as an accessory use to a place of religious assembly or similar place of worship, which provides residence for one (1) to twelve (12) unrelated persons. Minors (age 18 years or younger) accompanied by a parent or a guardian shall not be counted in the number of unrelated persons. A pocket shelter primarily offers food and shelter to individuals and families. Drug, alcohol, other substance abuse, or mental health rehabilitation programs shall not be allowed as part of the shelter services.

Storage - An area used for the stockpiling or holding of materials or goods for more than 24 consecutive hours.

LOCAL FOOD PRODUCTION

Community Garden - A private or public facility for the cultivation of fruits, vegetables, flowers and ornamental plants by more than one person.

Home Produce Stand - A temporary open air stand or place for the selling of agricultural produce grown on site.

INTERIM USES

Surface Parking - An unsheltered parking area or lot located at grade level which may be in some manner covered to provide temporary parking spaces for the general public to park passenger vehicles.

 

1204 - Land Use Matrix
A.	Applicability: The land use matrix shall replace all existing allowed land uses in the downtown.
B.	Use Regulations: The regulations governing the uses of land and structures shall be set forth in the land use matrix, Section 1204.c. All uses will be Permitted (P), Permitted with Conditions (PC), permitted with the approval of a Special Permit (SP), permitted with the approval of a Use Permit (UP) or Not Permitted (NP).
	active uses, as indicated in the land use matrix, are required on the ground level of pedestrian streets as shown on the pedestrian streets map, section 1202.f, and set forth in section 1207.k.1.
	For uses permitted with conditions, see section 1204.c.1.
C.	The following shall apply to uses that are permitted with conditions (PC) as indicated with a number that corresponds with the land use matrix:
	Screening:
	1.	Outdoor uses or activities must be screened by a minimum 6-fooT-high solid fence or masonry wall.
	2.	Outdoor uses or activities must be screened by a minimum 8-foot-high solid fence or masonry wall.
	Maximum Height
	3.	No outdoor uses shall exceed a height of 10 feet.
	Spacing
	4.	No use shall be located within 1,320 feet of the same type of use as measured from the exterior walls of the building or portion thereof in which the use is conducted.
	Separation
	5.	The use shall not be located within 50 feet of a residential alley as measured from the exterior walls of a building or portion thereof in which the use is conducted to the right-of-way line of the residential alley.
	6.	The use shall not be located within 25 feet of a residential alley as measured from the portion of the property on which the use is conducted to the right-of-way line of the residential alley.
	Environmental Quality
	7.	Noise, odor, dust, gas, heat, smoke, glare or vibration shall not be emitted at any time by the use that exceeds the general or ambient level by uses immediately off-site as compared at the parcel boundary.
	8.	No amplified music or loudspeakers may be used outside.
	9.	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 (EPA).
	Maximum Size
	10.	The use shall not exceed 650 square feet of building area.
	11.	the use shall not exceed 2,500 square feet of building area.
	12.	The use shall not exceed 5,000 square feet of building area per tenant.
	13.	The use shall not exceed 10,000 square feet of building area.
	14.	The use shall not exceed 25,000 square feet of lot area.
	15.	The use shall not exceed 25% of the total under roof area.
	16.	The use shall not include more than 10 display vehicles.
	17.	The use shall not exceed 10% of the net floor area of the primary use.
	Maximum Persons
	18.	The use may not be conducted for more than 5 persons.
	19.	The use may not be conducted for more than 10 persons.
	20.	The use may not be conducted for more than 12 persons.
	21.	The use may not employ more than 1 non-resident person.
	Hours of Operation
	22.	The use may not be conducted between the hours of 10 pm and 6 am.
	23.	The use may not be conducted between the hours of 12 am and 10 am from Sunday through Thursday, and between 2 am and 10 am from Friday through Saturday.
	Location
	24.	The use may only occur on a site that is adjoining an Arterial Street.

 

D.	Land Use Matrix

 

 

1205 - Frontage Types
A.	Intent: The Frontage Types regulate the area between the property line and the front façade of a building. Building Frontages require that building entrances and seating areas face toward the street in order to meet the intent of activating the public realm.
B.	Active Front Yard
	1.	Definition: An Active Front Yard means the area between the property line and main façade of the building when the building is setback more than 15 feet from the property line creating a front yard with a permanent hardscaped area that can accommodate seating.
	2.	No VEHICLE parking or maneuvering shall be permitted within the active front yard with the exception of a driveway no greater than 16 feet in width to provide access to the rear of the property.

 

	3.	A permanent hardscaped area shall be provided in accordance with the following standards:
		a.	Minimum depth: 6 feet
		b.	Minimum width: 50% of the building façade
		c.	Maximum area: No more than 50% of the Active Front Yard
		d.	Maximum height: 5 feet above adjacent grade
		e.	Placement: Adjacent to the front façade of the building at the primary entry
		f.	Materials: Hardscape shall consist of concrete slab, pavers, open grid pavers, wood decking (if elevated) or equivalent alternative.
	4.	Fences: Maximum HEIGHT 40 INCHES FOR PROPERTIES LOCATED WITHIN AN HISTORIC PRESERVATION (HP) OVERLAY DISTRICT, FENCES OR FREESTANDING WALLS IN THE FRONT YARD, MEANING THE SPACE BETWEEN THE STRUCTURE AND THE STREET RIGHT‑OF-WAY LINE, MAY NOT EXCEED A MAXIMUM HEIGHT OF THREE (3) FEET, AND ARE CONDITIONED UPON OBTAINING A CERTIFICATE OF APPROPRIATENESS OR NO EFFECT IN ACCORDANCE WITH SECTION 812 OF THE PHOENIX ZONING ORDINANCE. THIS HEIGHT LIMITATION EXTENDS TO A POINT THREE (3) FEET BEYOND THE FRONT CORNER(S) OF THE PRIMARY STRUCTURE.
	5.	A minimum of one (1) primary entrance shall be provided along each frontage that directly connects to the street, unless a corner entrance is provided.
	6.	The area between the property line and main façade of the building which is not improved with permanent hardscape shall be landscaped in accordance with SECTION 1207.e, landscaping standards.

 

 

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C.	Dooryard
	1.	Definition: A dooryard means the area between the property line and main façade of the building when the building is located within 15 feet of the property line and which is elevated or surrounded by a solid masonry wall to provide differentiation from the adjacent public sidewalk.
	2.	A permanent hardscaped area shall be provided in accordance with the following standards:
		a.	Minimum depth: 8 feet
		b.	Minimum area: 64 square feet
		c.	Placement: Adjacent to the front façade of the building at the building/unit entry
		d.	Materials: Hardscape shall consist of concrete slab, pavers, open grid pavers or equivalent alternative.
		e.	Spatial Definition: Either a solid masonry wall a minimum of 30 inches and a maximum of 36 inces in height, or elevation of the hardscaped area a minimum of 30 inches and a maximum of 36 inches from adjacent grade. Open view fencing may be provided in addition to the wall or elevated area up to a maximum height of 72 inches from adjacent grade.
		f.	Pedestrian Access: An opening in the masonry wall or stairs to the elevated area of a minimum 36 inches and maximum 48 inches in width.
	3.	Fences: Maximum HEIGHT 6 FEET FOR PROPERTIES LOCATED WITHIN AN HISTORIC PRESERVATION (HP) OVERLAY DISTRICT, FENCES OR FREESTANDING WALLS IN THE FRONT YARD, MEANING THE SPACE BETWEEN THE STRUCTURE AND THE STREET RIGHT‑OF-WAY LINE, MAY NOT EXCEED A MAXIMUM HEIGHT OF THREE (3) FEET, AND ARE CONDITIONED UPON OBTAINING A CERTIFICATE OF APPROPRIATENESS OR NO EFFECT IN ACCORDANCE WITH SECTION 812 OF THE PHOENIX ZONING ORDINANCE. THIS HEIGHT LIMITATION EXTENDS TO A POINT THREE (3) FEET BEYOND THE FRONT CORNER(S) OF THE PRIMARY STRUCTURE.
		a.	This shall be measured from the ground and not the elevated door yard.
		b.	Fences placed at grade shall be view fencing above 36 INCHES in height measured from grade.
	4.	The area between the property line and main façade of the building which is not improved with permanent hardscape shall be landscaped in accordance with SECTION 1207.E, landscaping standards.
	5.	A minimum of one (1) primary entrance shall be provided along each frontage that directly connects to the street, unless a corner entrance is provided.
D.	Stoop/Door well
	1.	Definition: A Stoop/Door Well means the area between the property line and main façade of the building when the building is located within 15 feet of the property line and which is elevated (stoop) or depressed (door well) to provide differentiation from the adjacent public sidewalk.
	2.	A landing area shall be provided in accordance with the following standards:
		a.	Minimum dimension: 6 feet
		b.	Minimum area: 36 square feet
		c.	Placement: Adjacent to the front façade of the building at the building/unit entry
		d.	Materials: Concrete, stone, metal or equivalent alternative.
		e.	Spatial Definition: Elevated a minimum of 24 inches and a maximum of 60 inches, or depressed a minimum of 24 inches and a maximum of 60 inches from adjacent grade.
		f.	Pedestrian Access: Stairs a minimum 36 inches and maximum 48 inches in width.
	3.	Fences: Maximum HEGHT 40 INCHES FOR PROPERTIES LOCATED WITHIN AN HISTORIC PRESERVATION (HP) OVERLAY DISTRICT, FENCES OR FREESTANDING WALLS IN THE FRONT YARD, MEANING THE SPACE BETWEEN THE STRUCTURE AND THE STREET RIGHT-OF-WAY LINE, MAY NOT EXCEED A MAXIMUM HEIGHT OF THREE (3) FEET, AND ARE CONDITIONED UPON OBTAINING A CERTIFICATE OF APPROPRIATENESS OR NO EFFECT IN ACCORDANCE WITH SECTION 812 OF THE PHOENIX ZONING ORDINANCE. THIS HEIGHT LIMITATION EXTENDS TO A POINT THREE (3) FEET BEYOND THE FRONT CORNER(S) OF THE PRIMARY STRUCTURE.
	4.	The area between the property line and main façade of the building which is not improved with permanent hardscape shall be landscaped with in accordance with SECTION 1207.E, landscaping standards.
	5.	A minimum of one primary building entry shall be provided per street frontage.
	6.	Each ground floor residential unit adjacent to a street shall provide a primary entrance on the street side that directly connects to the street, unless a corner entrance is provided.
E.	Storefront Standards
	1.	Definition: A Storefront means the area between the property line and main façade of the building when the building is located within 10 feet of the property line and which includes a ground floor elevation with a high percentage of transparent windows to create visual interest from the adjacent public sidewalk. A Storefront is traditionally used for retail frontage and typically includes a cantilevered canopy or awning.
	2.	The ground floor building elevation shall be designed in accordance with the following standards:
		a.	Minimum Glazing: 75% of the area measured between 3 and 8 feet above grade for the entire width of the front façade.
		b.	Materials: Glazing shall allow a minimum of 75% of the visible light (as specified by the manufacturer) to be visible on either side of the window.
		c.	Spatial Definition: Up to 50% of the front façade may be recessed up to 12 feet from the property line to enhance building entries or allow for outdoor dining.
	3.	Fences: Maximum 40 INCHES
		a.	Fences shall be a minimum 50% view fencing.
	4.	A cantilevered canopy, fixed awning or retractable awning shall be provided in accordance with the following standards:
		a.	Placement: Minimum 8 feet from curb. No projection or encroachment into public right-of-way is permitted unless a revocable permit is obtained from the Street Transportation Department.
		b.	Minimum Depth: 5 feet
		c.	Minimum Length: 75% of front façade
		d.