Attachment A - Draft Ordinance - Z-TA-3-24-Y.pdf

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Ordinance  
 
ATTACHMENT A 
 
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL, 
ADOPTED ORDINANCE 
 
 
 
 
 
ORDINANCE G- 
 
AN ORDINANCE AMENDING PORTIONS OF THE CODE OF THE 
CITY OF PHOENIX, ARIZONA, PART II, CHAPTER 41, THE 
ZONING ORDINANCE OF THE CITY OF PHOENIX BY: 
AMENDING CHAPTER 2, SECTION 202 (DEFINITIONS) TO 
REVISE AND CLARIFY DEFINITIONS REGARDING 
AFFORDABLE HOUSING AND RELATED ITEMS; REPLACE 
CHAPTER 6, SECTION 632 (HIGH-RISE H-R1 DISTRICT – HIGH-
RISE AND HIGH DENSITY DISTRICT) AND ESTABLISH A NEW 
ADAPTIVE REUSE AND MULTI-FAMILY (ARM) OVERLAY 
DISTRICT; AND AMEND SECTION 662 (INTERIM TRANSIT-
ORIENTED ZONING OVERLAY DISTRICT ONE (TOD-1)) AND 
SECTION 663 (TRANSIT-ORIENTED ZONING OVERLAY 
DISTRICT TWO (TOD-2)) TO CLARIFY HOW THE NEW SECTION 
632 INTERACTS WITH THE PROVISION OF THE TOD-1 AND 
TOD-2 OVERLAY DISTRICTS. 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: 
 
SECTION 1: That Chapter 2, Section 202 (Definitions), is amended to revise 
existing definitions and add new definitions, as follows: 
*** 
ECONOMICALLY AND FUNCTIONALLY OBSOLETE:  COMMERCIAL OR MIXED USE 
BUILDING(S) ON A SITE THAT ARE IN A STATE OF DISREPAIR OR HAVE A FIFTY 
PERCENT VACANCY IN THE TOTAL LEASABLE SQUARE FOOTAGE, IN 
ACCORDANCE WITH A.R.S. §9-462.10. 
*** 
Affordable Housing, AFFORDABLE:  Residential or mixed-use development providing 
HUD or other assisted low-income housing, as verified by the Phoenix Housing 
Department; typically includes dwelling unit(s) committed for a minimum term through 
covenants or restrictions to households with incomes at 80 percent or less of the area 
median income, as defined by the United States Department of Housing and Urban 
Development for the City.

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Ordinance  
 
 
HOUSING, WORKFORCE: RESIDENTIAL OR MIXED-USE DEVELOPMENT 
PROVIDING HUD OR OTHER ASSISTED MODERATE-INCOME HOUSING, AS 
VERIFIED BY THE PHOENIX HOUSING DEPARTMENT; TYPICALLY INCLUDES 
DWELLING UNIT(S) COMMITTED FOR A MINIMUM TERM THROUGH COVENANTS 
OR RESTRICTIONS TO HOUSEHOLDS WITH INCOMES OF AT LEAST 80 PERCENT 
AND UP TO 120 PERCENT OF THE AREA MEDIAN INCOME, AS DEFINED BY THE 
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 
*** 
 
SECTION 2: That Chapter 6, Section 632 (High-Rise H-R1 District—High-Rise 
and High Density District), is amended to strike everything and replace with the 
following text: 
SECTION 632. ADAPTIVE REUSE AND MULTI-FAMILY (ARM) OVERLAY DISTRICT 
 
A. 
PURPOSE.  THE PURPOSE OF THIS OVERLAY IS TO ESTABLISH ZONING 
REGULATIONS WHICH ACHIEVE COMPLIANCE WITH A.R.S. §9-462.10, AS 
FOLLOWS: 
1. 
PROVIDE ALTERNATIVE DEVELOPMENT STANDARDS FOR THE NON-
RESIDENTIAL ADAPTIVE REUSE OF EXISTING COMMERCIAL 
BUILDINGS. 
2. 
ALLOW MULTI-FAMILY DEVELOPMENT BY RIGHT ON EXISTING 
COMMERCIAL PROPERTIES, SUBJECT TO CERTAIN DEVELOPMENT 
STANDARDS ALSO PROVIDED WITHIN THIS SECTION. 
B. 
APPLICABILITY. THIS OVERLAY APPLIES TO ALL LAND WITHIN THE 
ADOPTED TRANSIT ORIENTED COMMUNITIES (TOC), PER THE MAP 
PROVIDED BELOW, WITH THE FOLLOWING EXCEPTIONS:  
1. 
NOT APPLICABLE TO ANY PROPERTY WITH HISTORIC DESIGNATION, 
AS FOLLOWS: 
 
a. 
PROPERTIES DESIGNATED HP OR HP-L.

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Ordinance  
 
 
b. 
PROPERTIES DESIGNATED AS HISTORIC ON THE NATIONAL 
REGISTER OF HISTORIC PLACES. 
 
2. 
NOT APPLICABLE TO PROPERTIES LOCATED WITHIN EITHER THE 
GATEWAY TOC OR THE 50TH STREET STATION AREA. 
3. 
NOT APPLICABLE TO PROPERTIES ZONED DOWNTOWN CODE PER 
CHAPTER 12. 
4. 
NOT APPLICABLE TO PROPERTIES ZONED WALKABLE URBAN CODE 
PER CHAPTER 13.

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C. 
CONFLICTS.  
1. 
IF A PROPERTY SUBJECT TO THIS OVERLAY DISTRICT IS ALSO 
SUBJECT TO A SPECIAL PLANNING DISTRICT, SPECIFIC PLAN, 
NEIGHBORHOOD PLAN, OR SIMILAR REGULATORY PLAN ADOPTED 
BY COUNCIL, THE PROVISIONS OF THIS OVERLAY DISTRICT APPLY 
ONLY WHEN THEY DO NOT CONFLICT WITH THE OTHER ADOPTED 
REGULATORY PLANS.   
2. 
IF A PROPERTY SUBJECT TO THIS OVERLAY DISTRICT IS ALSO 
SUBJECT TO THE TOD-1 OR TOD-2 OVERLAYS (SECTIONS 662 AND 
663, RESPECTIVELY), THE TOD-1 OR TOD-2 OVERLAYS DO NOT 
APPLY WHEN CHAPTER 13 DEVELOPMENT REGULATIONS ARE 
UTILIZED FOR A DEVELOPMENT IN ACCORDANCE WITH SECTION 
632.H.2.b. 
D. 
VARIANCES.  A PROVISION OF THIS OVERLAY DISTRICT MAY BE MODIFIED 
THROUGH THE VARIANCE PROCESS DISCUSSED IN SECTION 307, BUT 
ONLY WHEN THE VARIANCE REQUEST DOES NOT CAUSE NON-
COMPLIANCE WITH A.R.S. §9-462.10. 
E. 
PERMITTED USES.   THE REGULATIONS GOVERNING THE USES OF LAND
AND STRUCTURES SHALL BE AS SET FORTH IN THE UNDERLYING ZONING
DISTRICTS EXCEPT AS EXPRESSLY MODIFIED BY THIS OVERLAY DISTRICT.
F. 
GENERAL DEVELOPMENT REGULATIONS.  THE FOLLOWING REGULATIONS 
APPLY TO ALL DEVELOPMENT UTILIZING THE PROVISIONS OF THIS 
OVERLAY DISTRICT: 
1. 
DEVELOPMENT REVIEW PER SECTION 507 IS REQUIRED.  
a. 
THE FINAL SITE PLAN SHALL EXPLICITLY STATE WHICH, IF 
ANY, OF THE PROVISIONS OF THIS OVERLAY DISTRICT ARE TO 
BE IMPLEMENTED BY THE SUBJECT DEVELOPMENT. 
2. 
ADEQUATE PUBLIC WATER AND SEWER SERVICE FOR THE ENTIRE 
PROPOSED DEVELOPMENT SHALL BE PROVIDED, AS DETERMINED 
BY THE WATER SERVICES DEPARTMENT. 
3. 
COMPLIANCE WITH ALL APPLICABLE CONSTRUCTION AND FIRE 
CODES IS REQUIRED.

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Ordinance  
 
4. 
THE EXISTING BUILDINGS ON THE PROPOSED DEVELOPMENT SITE 
MUST BE ECONOMICALLY OR FUNCTIONALLY OBSOLETE, AS 
DEMONSTRATED TO AND APPROVED BY PDD. 
5. 
THE EXISTING BUILDINGS MUST BE LOCATED WITHIN A UNIFIED 
DEVELOPMENT (APPROVED TOGETHER ON ONE SITE PLAN), AND 
THE AREA INCLUDED WITHIN THE UNIFIED DEVELOPMENT IS AT 
LEAST ONE NET ACRE BUT DOES NOT EXCEED 20 NET ACRES. 
G. 
DEVELOPMENT REGULATIONS—ADAPTIVE REUSE.  THE FOLLOWING 
REGULATIONS MAY BE APPLIED TO NON-RESIDENTIAL ADAPTIVE REUSE 
OF EXISTING COMMERCIAL, OFFICE, OR MIXED USE BUILDINGS WITHIN 
THIS OVERLAY DISTRICT, WHEN ALSO IN COMPLIANCE WITH SUBSECTION 
F, AS FOLLOWS: 
 
1. 
AUTOMOBILE PARKING SHALL BE PROVIDED AS REQUIRED BY THE 
UNDERLYING ZONING DISTRICT. 
2. 
SETBACKS SHALL BE AS REQUIRED BY THE UNDERLYING ZONING 
DISTRICT, WITH THE FOLLOWING MODIFICATIONS: 
 
a. 
IF THE MINIMUM SETBACK FOR THE PROPOSED USE IS 
GREATER THAN THAT OF THE EXISTING BUILDING, THE 
PROPOSED USE MAY BE PROVIDED AT THE EXISTING 
SETBACK SO LONG AS THE PROPOSED USE IS PERMITTED BY 
RIGHT WITHIN THE UNDERLYING ZONING.  
 
 
b. 
IF THE PROPOSED USE HAS SPACING OR SEPARATION 
REQUIREMENTS REQUIRED BY THE UNDERLYING ZONING, 
THOSE PROVISIONS STILL APPLY. 
3. 
MAXIMUM BUILDING HEIGHT SHALL BE AS REQUIRED BY THE 
UNDERLYING ZONING, WITH THE FOLLOWING MODIFICATIONS: 
 
a. 
IF THE MAXIMUM HEIGHT FOR THE PROPOSED USE IS LESS 
THAN THAT OF THE EXISTING BUILDING, THE PROPOSED USE 
MAY BE PROVIDED AT ANY HEIGHT WITHIN THE EXISTING 
BUILDING SO LONG AS THE PROPOSED USE IS A USE 
PERMITTED BY RIGHT WITHIN THE UNDERLYING ZONING 
DISTRICT.

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b. 
ANY NEW BUILDINGS SHALL COMPLY WITH THE HEIGHT 
PROVISIONS OF THE UNDERLYING ZONING DISTRICT. 
 
H. 
DEVELOPMENT REGULATIONS—MULTI-FAMILY AND MIXED USE 
DEVELOPMENT.  THE FOLLOWING REGULATIONS APPLY TO MULTIFAMILY 
AND MIXED USE DEVELOPMENT WITHIN THIS OVERLAY DISTRICT, WHEN 
ALSO IN COMPLIANCE WITH SUBSECTION F, AS FOLLOWS: 
 
1. 
THE PROPOSED DEVELOPMENT SITE SHALL HAVE AN UNDERLYING 
ZONING CLASSIFICATION OF R-5 (SECTION 618), R-4A (SECTION 619), 
C-1 (SECTION 622), C-2 (SECTION 623), OR C-3 (SECTION 624). 
2. 
MULTI-FAMILY DEVELOPMENT SHALL COMPLY WITH ONLY ONE OF 
THE FOLLOWING (a OR b): 
 
a. 
ALL DEVELOPMENT REGULATIONS APPLICABLE TO MULTI-
FAMILY DEVELOPMENT IN THE UNDERLYING ZONING 
DISTRICT, OR 
 
 
b. 
ALL DEVELOPMENT REGULATIONS APPLICABLE TO MULTI-
FAMILY DEVELOPMENT SUBJECT TO CHAPTER 13, WALKABLE 
URBAN CODE, TRANSECT T5:5, WITH THE FOLLOWING 
MODIFICATIONS: 
 
 
 
(1) 
DENSITY IS NOT RESTRICTED. 
 
 
 
 
(2) 
HEIGHT IS RESTRICTED TO FIVE STORIES AND 56 FEET 
IN HEIGHT, EXCEPT THAT FOR BUILDINGS LOCATED 
WITHIN 100 FEET OF A SINGLE-FAMILY ZONING 
DISTRICT, THE MAXIMUM HEIGHT SHALL BE 
RESTRICTED TO TWO STORIES AND 30 FEET. 
 
 
 
 
(3) 
A MINIMUM OF TEN PERCENT OF THE TOTAL NUMBER 
OF DWELLING UNITS PROVIDED SHALL BE AFFORDABLE 
AND/OR WORKFORCE HOUSING FOR A MINIMUM TERM 
OF TWENTY YEARS AFTER THE INITIAL OCCUPATION OF 
THE PROPOSED DEVELOPMENT, AS APPROVED BY THE 
CITY’S HOUSING DEPARTMENT.

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Ordinance  
 
3. 
MIXED USE DEVELOPMENT (RESIDENTIAL AND NON-RESIDENTIAL 
USES) SHALL COMPLY WITH THE MULTI-FAMILY DEVELOPMENT 
REGULATIONS STATED IN THIS SECTION, IN ADDITION TO ALL NON-
RESIDENTIAL USE REGULATIONS APPLICABLE TO SUCH USES 
WITHIN THE T5:5 TRANSECT.  HOWEVER, NON-RESIDENTIAL USES 
ARE ONLY PERMITTED IN MIXED USED DEVELOPMENT WHEN THE 
UNDERLYING ZONING ALSO PERMITS THE PROPOSED NON-
RESIDENTIAL USES. 
 
I. 
DEVELOPMENT REGULATIONS—OTHER.   A PROPOSED DEVELOPMENT 
NOT SUBJECT TO EITHER SUBSECTION G OR SUBSECTION H ABOVE MUST 
COMPLY WITH ALL APPLICABLE DEVELOPMENT REGULATIONS OF THE 
UNDERLYING ZONING FOR THE SITE. 
*** 
 
SECTION 3: That Chapter 6, Section 662 (Interim Transit-Oriented Zoning 
Overlay District One (TOD-1)), is amended to read as follows: 
 
*** 
B. 
Applicability. The City of Phoenix’ Transit-Oriented Development Overlay District 
(TOD-1) shall apply to lands delineated on the City’s Official Supplementary Zoning 
Map 1086 as adopted on November 19, 2003, AS AMENDED. All land uses and 
development including, but not limited to buildings, drives, parking areas, 
landscaping, streets, alleys, greenways, and pedestrian/bicycle ways designated to 
be within this district, shall be located and developed in accordance with the 
following provisions: 
*** 
C. 
Inconsistencies of Underlying Districts. In the event that the underlying zoning 
district standards, or other ordinance or regulations are inconsistent with these 
overlay Zoning Ordinance standards or any other provisions herein, the standards 
of the TOD-1 shall apply., WITH THE FOLLOWING EXCEPTION:

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Ordinance  
 
1. 
PROPERTIES SUBJECT TO SECTION 632, ADAPTIVE REUSE AND 
MULTI-FAMILY (ARM) OVERLAY DISTRICT, ARE NOT SUBJECT TO 
TOD-1 DEVELOPMENT STANDARDS WHEN THE DEVELOPMENT IS 
CONSTRUCTED IN COMPLIANCE WITH THE DEVELOPMENT 
STANDARDS OF CHAPTER 13.   HOWEVER, ALL USE REGULATIONS 
OF TOD-1 (BOTH PERMISSIONS AND PROHIBITIONS) SHALL STILL 
APPLY TO SUCH PROPERTIES. 
*** 
 
SECTION 4: That Chapter 6, Section 663 (Interim Transit-Oriented Zoning 
Overlay District Two (TOD-2)), is amended to read as follows: 
 
*** 
B. 
Applicability. The City of Phoenix’ Transit-Oriented Development Overlay District 
(TOD-2) shall apply to lands delineated on the City’s Official Supplementary Zoning 
Map 1086 as adopted on November 19, 2003, AS AMENDED. All land uses and 
development including, but not limited to buildings, drives, parking areas, 
landscaping, streets, alleys, greenways, and pedestrian/bicycle ways designated to 
be within this district, shall be located and developed in accordance with the 
following provisions: 
*** 
C. 
Inconsistencies of Underlying Districts. In the event that the underlying zoning 
district standards, or other ordinance or regulations are inconsistent with these 
overlay Zoning Ordinance standards or any other provisions herein, the standards 
of the TOD-2 shall apply., WITH THE FOLLOWING EXCEPTION: 
1. 
PROPERTIES SUBJECT TO SECTION 632, ADAPTIVE REUSE AND 
MULTI-FAMILY (ARM) OVERLAY DISTRICT, ARE NOT SUBJECT TO 
TOD-2 DEVELOPMENT STANDARDS WHEN THE DEVELOPMENT IS 
CONSTRUCTED IN COMPLIANCE WITH THE DEVELOPMENT 
STANDARDS OF CHAPTER 13. HOWEVER, ALL USE REGULATIONS OF 
TOD-2 (BOTH PERMISSIONS AND PROHIBITIONS) SHALL STILL APPLY 
TO SUCH PROPERTIES. 
***

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Ordinance  
 
PASSED by the Council of the City of Phoenix this 13th day of November, 2024.  
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
 
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Julie M. Kriegh, City Attorney 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Jeffrey Barton, City Manager