37-111 Limitations of water use.

(a)    Except as provided in this chapter, beginning on January 1, 1990, no City of Phoenix customer shall use water from any source for the purpose of filling or refilling all or a portion of one or more bodies of water used for landscape, scenic or recreational purposes, including lakes, ponds, lagoons or swimming pools in new developments that have a total surface area greater than twelve thousand three hundred twenty square feet or one percent of the net site area of the parcel of land on which the water feature is located, whichever is less. This prohibition on the use of water shall not apply to:

(1)    Any of the conditions listed in A.R.S. § 45-132(B)(1), (2), (4), (6) and (7).

(2)    The limitation of one percent of the net site area of the parcel of land on which the water feature is located shall not apply to swimming pools.

(b)    Beginning on January 1, 1992, water supplied by the City of Phoenix to a customer shall not be used for the purpose of watering landscaping plants planted after December 31, 1991, within the following areas unless the landscaping plants are low water use plants:

(1)    Any publicly owned rights-of-way of highways, streets, roads, sidewalks, curbs, and shoulders which are used for travel in any ordinary mode, including pedestrian travel except for local street rights-of-way adjacent to the front or side yard of a lot on which a single-family or duplex dwelling is located.

(2)    Areas located between the rights-of-way of major and collector streets and walls or fences over three feet in height except for areas in the front yard of a lot on which a single-family or duplex dwelling is located.

The Water Services Director may waive the requirements of this paragraph, upon written request, but only if a waiver is in the public interest except that if the waiver concerns the areas listed in (1) above, the customer must obtain prior written approval from the Arizona Department of Water Resources.

(Ord. No. G-3232, § 1; Ord. No. G-3460, § 1; Ord. No. G-3794, § 1; Ord. No. G-5444, § 3, adopted 10-21-2009, eff. 11-20-2009)