New Chapter 7 Multifamily

Chapter 7 
Multifamily Zoning Districts 
Section 7.01 Purpose and Intent 
A.  M-1. Multifamily Residential Zoning District: The principal purpose of this Zoning District is 
to provide for multiple-family residential developments in locations which are suitable and 
appropriate, taking into consideration existing conditions, including present use of land, future 
land use needs, and the availability of public utilities. The minimum required lot area is twenty-
four thousand (24,000) square feet, and the minimum lot area required for each dwelling unit is 
five thousand, four hundred and forty-five (5,445) square feet, or eight dwelling units per acre. 
Principal uses permitted in these Zoning Districts include two-family dwellings, multiple-family 
dwellings and the uses permitted in the single-family residential Zoning District. 
B.  M-2. Multifamily Residential Zoning District: The principal purpose of this Zoning District is 
to provide for multiple-family residential developments in locations which are suitable and 
appropriate, taking into consideration existing conditions, including present use of land, future 
land use needs, and the availability of public utilities. The minimum required lot area is twenty-
four thousand (24,000) square feet, and the minimum lot area required for each dwelling unit is 
four thousand, three hundred and fifty-six (4,356) square feet, or ten dwelling units per acre. 
Principal uses permitted in these Zoning Districts include two-family dwellings, multiple-family 
dwellings and the uses permitted in the single-family residential Zoning District. 
C.  M-3. Multifamily Residential Zoning District: The principal purpose of this Zoning District is 
to provide for multiple-family residential developments in locations which are suitable and 
appropriate, taking into consideration existing conditions, including present use of land, future 
land use needs, and the availability of public utilities. The minimum required lot area is twenty-
four thousand (24,000) square feet, and the minimum lot area required for each dwelling unit is 
three thousand, six hundred and thirty (3,630) square feet, or twelve dwelling units per acre. 
Principal uses permitted in these Zoning Districts include two-family dwellings, multiple-family 
dwellings and the uses permitted in the single-family residential Zoning District.

D.  R-2. Limited Multiple-Family Residential Zoning District: The principal purpose of this Zoning 
District is to provide for efficient use of land and facilities by allowing single-family attached or 
detached dwellings, taking into consideration existing conditions, including present use of land, 
future land use needs, and the availability of public utilities. The minimum required lot area is 
six thousand (6,000) square feet, and the minimum lot area required for each dwelling unit is 
four thousand (4,000) square feet. Principal uses permitted in this Zoning District include single-
family, two-family, and other uses permitted in the single-family residential Zoning District. 
E.  R-3. Multifamily Residential Zoning District: The principal purpose of these Zoning Districts is 
to provide for multiple-family residential developments in locations which are suitable and 
appropriate, taking into consideration existing conditions, including present use of land, future 
land use needs, and the availability of public utilities. The minimum required lot area is six 
thousand (6,000) square feet, and the minimum lot area required for each dwelling unit is three 
thousand (3,000) square feet. Principal uses permitted in these Zoning Districts include two-
family dwellings, multiple-family dwellings and the uses permitted in the single-family 
residential Zoning District. 
F.  R-4. Multifamily Residential Zoning District: The principal purpose of these Zoning Districts is 
to provide for multiple-family residential developments in locations which are suitable and 
appropriate taking into consideration existing conditions, including present use of land, future 
land use needs, and the availability of public utilities. The minimum required lot area is six 
thousand (6,000) square feet, and the minimum lot area required for each dwelling unit is two 
thousand (2,000) square feet. Principal uses permitted in these Zoning Districts include two-
family dwellings, multiple-family dwellings and the uses permitted in the single-family 
residential Zoning District. 
G.  R-5. Multifamily Residential Zoning District: The principal purpose of these Zoning Districts 
is to provide for multiple-family residential developments in locations which are suitable and 
appropriate taking into consideration existing conditions, including present use of land, future 
land use needs, and the availability of public utilities. The minimum required lot area is six 
thousand (6,000) square feet, and the minimum lot area required for each dwelling unit is one 
thousand, seven hundred, forty (1,740) square feet. Principal uses permitted in these Zoning 
Districts include two-family dwellings, multiple-family dwellings and the uses permitted in the 
single-family residential Zoning District.

Section 7.02 Permitted Uses 
"P" designates use classifications permitted in the Agriculture District. 
 
"SUP" designates use classifications permitted on approval of a Special Use Permits. 
 
“--” designates use not allowed in that zoning district. 
 
“TUP" designates use classifications permitted on approval of a Temporary Use Permit. 
 
"(x)" a number in parentheses refers to footnotes following the table. 
 
Table 7.02 Uses Permitted in Multi-family Districts 
Land Use Category (See 
Sec. 1.13) 
Zoning Districts 
Zoning 
Requirements 
R-2 
M-1, M-2, M-3, R-3, R-4, R-
5 
A. Open Space 
Golf Course 
P (1) 
P (1) 
 
Parks and Nature 
Preserves 
P 
P 
 
 
 
 
 
C. Residential 
Community Residence 
P 
P 
Sec. 15.13 
Duplex 
P 
P 
 
Multiple Residence 
-- 
P 
 
Single Residence 
Attached  
P 
P 
Sec. 7.04 A. 
Detached 
P 
P 
 
 
 
 
 
D. Public/Quasi-Public 
Community and 
Cultural Activities 
P  
P  
 
Educational Facilities 
Primary and 
Secondary Schools 
P 
P 
 
Nursing and 
Convalescent 
Facilities 
-- 
SUP (2) 
 
Parks and Recreation 
Facilities 
P 
P 
 
Place of Worship 
P (3) 
P (3) 
 
Protective Services 
P 
P

F. Commercial 
Hotels/Motels/Lodging 
-- 
SUP (2, 4) 
 
 
 
 
 
H. Utilities 
Utility Services 
P (5) 
P (5) 
 
 
 
 
 
I. Accessory 
Child/Adult Day Care 
Facility 
TUP 
TUP 
Sec. 7.04 B. 
Home Day Care 
Center 
P 
P 
Sec. 7.04 C. 
Home Occupation 
P 
P 
Sec. 15.14 
Master-Planned 
Village Sales and 
Information Center 
TUP 
TUP 
Sec. 7.04 D. 
Model Home 
TUP 
TUP 
Sec. 7.04 E. 
Wireless 
Communication 
Towers and Equipment 
P 
P 
Chapter 24 
(1) Includes clubhouses but not miniature golf courses. 
(2) All uses subject to a special use permit are subject to the lot coverage, setback, 
density and other requirements stated in Table 7.10.   
(3) Includes accessory columbaria provided that the building area of the columbaria 
shall not exceed ten (10) percent of the total building area of the church buildings. 
(4) Allowed only in the R-5 district with approval of a Special Use Permit. 
(5) Not including public utility treatment plants, generating plants, and wireless 
communications towers and antennas, unless otherwise specifically permitted 
elsewhere in the ordinance. 
Section 7.03 Prohibited Uses 
Except for items listed above, nonresidential uses or activities of property or dwellings and 
associated structures are prohibited.  
Section 7.04 Specific Regulations 
A. Attached single residence homes have the following area and yard regulations:

1. Allowed in the “R” zones only.  Only two dwelling units maybe attached in one building 
in the R-2 District. 
2. Requirements of Section 7.10 apply based on the zoning district with the following 
modifications: 
a. Minimum lot width for an internal lot: 20 feet. 
b. Side yard on attached side: 0 feet, subject to compliance with building code 
requirements. 
c. Minimum side yard on a non-attached side is the same as the specific zoning district. 
B. Child/Adult Day Care Facility: A day care center for the care of more than five (5) people is 
permitted by temporary use permit only. A day care center for the care of more than five (5) 
people may be operated in Multifamily Residential Zoning Districts with the following minimal 
stipulations: 
1.  The day care operator must reside in the house. If a nonresidential facility is legally 
used for another purpose, such as a church building, this requirement may be waived. 
2.  No more than ten (10) nonresidents may be cared for in a residential structure. 
3.  Only one nonresident employee may be allowed and one (1) additional on-site parking 
space shall be required for this employee. 
4.  One non-tandem parking space shall be required for each five (5) persons, or fraction 
thereof, allowed in the day care facility. 
5.  Any operation of a day care facility prior to 6:00 A.M. and after 8:00 P.M. is permitted 
only by a separate special use permit. 
6.  Only one sign not to exceed two (2) square feet in size and mounted flatly on the wall of 
the residence shall be permitted. 
7.  The play yard must be fenced with a minimum five (5) foot high fence. 
8.  No playground equipment and ornamental figures or designs denoting a day care 
facility shall be allowed in front of the house line. 
9.  Any day care facility with a swimming pool or other applicable body of water, must 
meet the requirements for a pool enclosure described in Section 5.09 C. of this Ordinance.

10.  Any day care facility, which cares for more than five (5) people, shall be required to 
have a valid Town business license and be licensed by the State of Arizona. 
C. Home Day Care Center in an operator's residence, with no swimming pool, for five (5) or less 
people, operation only between the hours of 6:00 A.M. and 8:00 P.M. No signage or other 
evidence of a day care center is permitted. One additional off-street parking space is required.  
D.  Master-Planned Village Sales and Information Center: The developer of a master-planned 
village may operate a master-planned village sales and information center within a residentially 
zoned area by temporary use permit only. In the review for a master-planned village sales and 
information center temporary use permit, the staff may consider lighting, landscaping, hours of 
operation, signage, parking, duration, and neighborhood impact. At a minimum, the following 
standards shall apply: 
1.  On-site sales personnel must be present at least five (5) days a week during normal 
business hours. In no case shall the center be open before 7:00 A.M. or after 9:00 P.M. 
2.  The center shall be for the purpose of marketing the specific master-planned village, the 
sale of lots in the master-planned village and the distribution of material concerning the 
attributes of the Town and surrounding areas. The office may not be used as an office for 
the sales of houses, the resale of lots, subdivisions with model homes, nor property outside 
of the master-planned village. The master-planned village is permitted as an accessory use 
only if the master-planned village has such a country club. 
3.  There shall be at least twenty (20) off-street parking stalls provided. 
4.  The center must be a permanent structure that meets the adopted building codes of 
the Town. 
5.  There shall be no more than one such center in the master-planned village. 
6.  The center shall be removed upon termination of the temporary use permit or the 
completion of the master developer's marketing activities, whichever comes first. 
7.  Signage shall in conformance with Chapter 6 of this ordinance. 
8.  There shall be a landscape buffer of at least one hundred fifty (150) feet between the 
sales and information center and any occupied residential structures.

a.  Landscaped areas shall include an approved mixture of drought tolerant or other 
plant materials, and organic and nonorganic ground cover materials. Landscaping shall 
consist of one (1) plant for each twenty (20) square feet of landscape area. At least 
twenty-five (25) percent of the plants shall be Fifteen (15) gallon or greater plants and 
the remaining plants must be at least five (5) gallon plants. The approval of the above 
mixture of landscape materials shall be by Zoning Administrator with appeal to the 
Planning and Zoning Commission. 
b.  An automatic irrigation system shall be provided and maintained to all landscaped 
areas requiring water. 
c.  All landscaped areas adjacent to vehicular parking and access areas shall be 
protected by six (6) inch vertical concrete curbing in order to control storm water flows 
and minimize damage by vehicular traffic.  
E.  Model Homes: Model Homes may be permitted in a multifamily residential area by 
Temporary Use Permit only. In the review for a model home, the staff may consider lighting, 
landscaping, hours of operation, signage, parking, duration, and neighborhood impact. At a 
minimum, the following standards shall apply: 
1.  On-site sales personnel must be present at least five (5) days a week during normal 
business hours. In no case shall a model home be open before 7:00 A.M. or after 9:00 P.M. 
2.  The model home shall be for the purpose of marketing the construction of custom or 
tract homes with a given product line in Fountain Hills. A model home may not be used as 
an office for the marketing of developed property, or the marketing of property outside of 
Fountain Hills. 
3.  An off-street parking space for each person stationed on site, plus two (2) spaces shall 
be provided. Parking lots for model homes may be located on an adjacent lot owned by the 
owner of the model home. 
Section 7.05 General Provisions 
The general provisions in Chapter 15 herein shall apply.

Section 7.06 Signs 
The sign regulations in Chapter 16 herein shall apply. 
Section 7.07 Parking and Loading 
The parking and loading regulations in Chapter 17 herein shall apply. 
Section 7.08 Outdoor Lighting 
The lighting provisions in Chapter 18 herein shall apply. 
Section 7.09 Plan Review 
The site plan review provisions of Chapter 2, Section 2.04 shall apply. 
Section 7.10 Density, Area, Building and Yard Regulations 
Table 7.10 specifies the minimum lot sizes, minimum area per dwelling unit, minimum lot 
widths, maximum building height and length, minimum yard setbacks and maximum lot 
coverage percentages, and minimum distance between buildings. 
Table 7.10 Density, Area, Building, and Yard Regulations 
District 
Lot 
Area 
(Sq. 
Feet) 
Area/ 
D.U. 
Width 
(Feet) 
Bldg. 
Height 
(Feet)h 
Bldg. 
Length 
(Feet) 
Minimum Yard Setbacksi 
Lot 
Coverage 
Distance 
Between 
Bldgs. 
(Feet) 
Front Side 
Street 
Side 
Rear 
M-1 
24,000 
5,445 
150 
30e 
200f 
30a 
10b 
30a 
30a 
50% 
c

District 
Lot 
Area 
(Sq. 
Feet) 
Area/ 
D.U. 
Width 
(Feet) 
Bldg. 
Height 
(Feet)h 
Bldg. 
Length 
(Feet) 
Minimum Yard Setbacksi 
Lot 
Coverage 
Distance 
Between 
Bldgs. 
(Feet) 
Front Side 
Street 
Side 
Rear 
M-2 
24,000 
4,356 
150 
30e 
200f 
30a 
10b 
30a 
30a 
50% 
c 
M-3 
24,000 
3,630 
150 
30e 
200f 
30a 
10b 
30a 
30a 
50% 
c 
R-2 
6,000 
4,000 
60 
30 
200f 
20d 
5 
20d 
25d 
50% 
10g 
R-3 
6,000 
3,000 
60 
30e 
200f 
30a 
10b 
30a 
30a 
50% 
c 
R-4 
6,000 
2,000 
60 
30e 
200f 
30a 
10b 
30a 
30a 
50% 
c 
R-5 
6,000 
1,740 
60 
30e 
200f 
30a 
10b 
30a 
30a 
50% 
c 
a 1.5 times the height of the abutting building wall plane, whichever is greater. 
b Or height of abutting building wall plane, whichever is greater.  For non-residential buildings, Council may 
approve a height of up to forty (40) feet through a special use permit. 
c The horizontal separation must be at least equal to the vertical height of the highest adjacent building. 
d Or height of the building, whichever is greater. 
e By special use permit only, nonresidential buildings may have a height over 30 feet, but not higher than 40 
feet. 
f Including any exterior stairwells. 
g For inhabited structures, accessory structures are regulated in Chapter 15, Section 15.06 F and G. 
h. Non-residential buildings over 30 feet in height, but not to exceed 40 feet in height. 
i. Required setbacks for non-residential buildings may be modified at the discretion of the Town 
Council.